PSC-41-10-00008-P Require Prior Notice of Any Transaction Which Would Impair the Financial Strength of New York Affiliates

10/13/10 N.Y. St. Reg. PSC-41-10-00008-P

NEW YORK STATE REGISTER

VOLUME XXXII, ISSUE 41

October 13, 2010

RULE MAKING ACTIVITIES

PUBLIC SERVICE COMMISSION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. PSC-41-10-00008-P

Require Prior Notice of Any Transaction Which Would Impair the Financial Strength of New York Affiliates

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

Proposed Action:

The Commission instituted a proceeding ordering Entergy Corporation, or any of its New York operating affiliates, to show cause why they should not be required to provide satisfactory notice of certain transactions to the Department of Public Service.

Statutory authority:

Public Service Law, sections 2(13), 5(1)(b), 11, 19, 66, 67, 68, 69, 69-a, 70, 72, 72-a, 75, 76, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 114-a, 115, 117, 118 and 119

Subject:

To require prior notice of any transaction which would impair the financial strength of New York affiliates.

Purpose:

To provide prior notice of any transaction which would impair the financial strength of New York affiliates.

Substance of proposed rule:

The Commission instituted a proceeding ordering Entergy Corporation, or any of its New York operating affiliates (together referred to Entergy Owners), to show cause why they should not be required to provide satisfactory notice to the Department of Public Service at least sixty days prior to any contemplated transactions, which would impair or jeopardize the financial strength of any or all New York operating affiliate[s]. Entergy Owners filed a response opposing such notice requirements. The Commission may require Entergy Owners to show cause as proposed in the order or may take other action related to this matter.

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:

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

Data, views or arguments may be submitted to:

Jaclyn A. Brilling, 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.

(10-E-0402SP1)