1/28/15 N.Y. St. Reg. PSC-04-15-00014-P
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 grant, deny or modify a petition of United Water New Rochelle and Saber Dobbs Ferry, LLC for a waiver of 16 NYCRR section 501.4 and United Water's tariff regarding a proposed main extension.
Statutory authority:
Public Service Law, sections 89-b and 89-c
Subject:
Request for waiver of 6 NYCRR Part 501 and United Water's tariff provisions governing main extensions.
Purpose:
To grant, deny or modify a petition for a waiver of 6 NYCRR Part 501 and related United Water's tariff provisions.
Substance of proposed rule:
Saber Dobbs Ferry, LLC (Saber) is developing a residential complex in United Water New Rochelle, Inc.’s (UWNR) service territory and is requesting water and fire protection service from UWNR. UWNR has determined that providing service to Saber would require significant off-site improvements, in addition to the extension of mains, to resolve predicted pressure issues with Saber’s development. Under Commission 16 NYCRR § 501.4 and UWNR’s tariff, UWNR would absorb the cost of 75 feet of main per meter to be installed, while Saber would pay the remaining costs and receive prorated refunds if additional customers are added within ten years.
UWNR and Saber propose, instead, for UWNR to be solely responsible for all off-site work, while Saber will, using contractors approved by UWNR, install all on-site infrastructure and forego any potential future refunds. The petitioners state that this arrangement results in a lower cost to UWNR than would result under the Commission’s regulations.
The Public Service Commission is considering whether to grant, deny or modify, in whole or part, the petition filed by UWNR and Saber for a waiver of 16 NYCRR § 501.4 (main extensions) and related provisions of UWNR’s tariff and may consider any related matters.
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, (518) 486-2660, email:
Elaine.Agresta@dps.ny.govData, views or arguments may be submitted to:
Kathleen H. Burgess, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 474-6530, email:
secretary@dps.ny.govPublic 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.
