10/13/10 N.Y. St. Reg. PSC-41-10-00013-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 approve, reject or modify, in whole or in part, a petition for rehearing of its Order Granting Certificate, with Conditions, issued August 20, 2010 in Case 09-E-0299.
Statutory authority:
Public Service Law, sections 4, 22, 65, 66 and 68
Subject:
Petition for rehearing of an Order Granting Certificate, with Conditions, issued August 20, 2010 in Case 09-E-0299.
Purpose:
To consider the rehearing petition filed in Case 09-E-0299.
Substance of proposed rule:
Niagara Mohawk Power Corporation d/b/a/ National Grid has filed a petition for rehearing and clarification of the Commission's Order Granting Certificate, With Conditions, issued August 20, 2010, in Case 09-E-0299. National Grid asks that the Commission (1) clarify that, as a result of findings made in the August 20, 2010 Order, National Grid is the only electric supplier authorized to serve the two Herkimer County Industrial Development Association (IDA) pumping stations; (2) withdraw its August 20th approval of the Village of Frankfort's (Village) franchise to serve the area known as the "Pumpkin Patch" because, to the extent National Grid constructs three-phase facilities to serve the IDA pumping stations, the August 20th approval of the Village's franchise will result in wasteful duplication of facilities; and (3) order the Village to (a) identify the Town of Frankfort (Town) customers it serves that are outside of its franchised service areas, (b) obtain Commission approval to serve such customers and (c) refrain from serving any other Town customers that are outside of the Village's franchised service areas.
The Commission may approve, reject or modify the petition, in whole or in part.
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, (518) 486-2655, email:
leann_ayer@dps.state.ny.usData, views or arguments may be submitted to:
Jaclyn A. Brilling, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 474-6530, email:
Secretary@dps.state.ny.usPublic 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.
