1/24/07 N.Y. St. Reg. PSC-04-07-00017-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed action:
The Public Service Commission is considering whether to approve or reject, in whole or in part, or modify, a joint petition filed by Adrian's Acres West Water Company, Inc., Upper Porter Mountain Water Association and Lower Porter Mountain Association for approval to transfer the water supply assets of Adrian's Acres West Water Company, Inc., to Upper Porter Mountain Water Association and Lower Porter Mountain Water Association.
Statutory authority:
Public Service Law, sections 4(1), 5(1)(f), (4), 89-c(1), (10) and 89-h
Subject:
Transfer of water supply assets and electronic tariff filings.
Purpose:
To transfer the water supply assets of Adrian's Acres West Water Company, Inc. to Upper Porter Mountain Water Association and Lower Porter Mountain Water Association and approve electronic tariff schedules, P.S.C. 1—Water, for Upper Porter Mountain Water Association and Lower Porter Mountain Water Association.
Substance of proposed rule:
On October 4, 2006, Adrian's Acres West Water Company, Inc. (Adrian's Acres), Upper Porter Mountain Water Association (Upper Porter) and Lower Porter Mountain Water Association (Lower Porter) filed a joint petition requesting approval to transfer the water supply assets of Adrian's Acres to Upper Porter and Lower Porter. Adrian's Acres currently provides water service to 13 year-round customers and 19 seasonal customers and is located in the Town of Keene, Essex County.
On December 11, 2006, Upper Porter and Lower Porter each filed an electronic tariff schedule, P.S.C. No. 1—Water, which sets forth the rates, charges rules and regulations under which the associations will provide water service to become effective April 1, 2007. The tariff defines when a bill will be delinquent and establishes a late payment charge and a returned check charge. The restoration of service charge will be $25. Upper Porter and Lower Porter also request waiver of the Public Service Commission's rate setting authority. The Commission may approve or reject, in whole or in part, or modify the petition.
Text of proposed rule and any required statements and analyses may be obtained by filing a Document Request Form (F-96) located on our website http://www.dps.state.ny.us/f96dir.htm. For questions, contact:
Central Operations, Public Service Commission, Bldg. 3, Empire State Plaza, Albany, NY 12223-1350, (518) 474-2500
Data, views or arguments may be submitted to:
Jaclyn A. Brilling, Secretary, Public Service Commission, Bldg. 3, Empire State Plaza, Albany, NY 12223-1350, (518) 474-6530
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement
Statements and analyses are not submitted with this notice because the proposed rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act.
