PSC-04-15-00008-P Re-Billing SC No. 2 Customers from March 2008 Through March 2014

1/28/15 N.Y. St. Reg. PSC-04-15-00008-P

NEW YORK STATE REGISTER

VOLUME XXXVII, ISSUE 4

January 28, 2015

RULE MAKING ACTIVITIES

PUBLIC SERVICE COMMISSION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. PSC-04-15-00008-P

Re-Billing SC No. 2 Customers from March 2008 Through March 2014

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

The Commission is considering whether to approve, modify or reject in whole or in part the filing made on December 26, 2014 by The Brooklyn Union Gas Company and KeySpan Gas East Corporation regarding billing SC No. 2 customers.

Statutory authority:

Public Service Law, sections 65, 66 and 113

Subject:

Re-billing SC No. 2 customers from March 2008 through March 2014.

Purpose:

To determine whether re-billing SC No. 2 customers by the Companies' proposed methodology customers is appropriate.

Substance of proposed rule:

The Public Service Commission is considering whether to approve, modify or reject, in whole or in part, a filing made by The Brooklyn Union Gas Company d/b/a National Grid NY (“KEDNY”) and KeySpan Gas East Corporation d/b/a National Grid (“KEDLI”) (collectively, the “Companies”) on December 26, 2014 in compliance with an Order dated October 27, 2014 (October Order) that required the Companies to submit a plan to (i) identify non-residential gas customers on Service Classification (SC) No. 2 that were misclassified as heating customers on an annual basis (March to March) and (ii) as appropriate, refund those customers who were incorrectly charged a more expensive heating rate for each twelve month period between March 2008 through March 2014.

The October Order required the Companies to provide the Commission with information concerning their ability to identify current SC No. 2 customers who were misclassified as heating customers during the past billing periods at issue, along with a plan for targeting refunds to those customers. On December 26, 2014, the Companies submitted an analysis describing the significant costs it would incur to identify some misclassified customers and proposed a plan for targeting refunds to those SC No. 2 customers likely to have been vulnerable to improper placement on the heating rate of SC No. 2, and provided a methodology for refunds reasonably equivalent to the overbilling that either did or might have occurred.

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.ny.gov/f96dir.htm. For questions, contact:

Elaine Agresta, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Kathleen H. Burgess, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, [phone], email: [e-mail]

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.

(14-G-0091SP2)