PSC-41-10-00017-P Consolidated Edison Company of New York, Proposes to Retain 100% of the Excess Dividend Refund and a Portion of the GRT Refund

10/13/10 N.Y. St. Reg. PSC-41-10-00017-P

NEW YORK STATE REGISTER

VOLUME XXXII, ISSUE 41

October 13, 2010

RULE MAKING ACTIVITIES

PUBLIC SERVICE COMMISSION

PROPOSED RULE MAKING

HEARING(S) SCHEDULED

 

I.D No. PSC-41-10-00017-P

Consolidated Edison Company of New York, Proposes to Retain 100% of the Excess Dividend Refund and a Portion of the GRT Refund

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 the petition of Consolidated Edison Company of New York, Inc. for permission to retain $25.5 million the Excess Dividend Tax refund, and to retain 14%, net of cost to achieve, of a $10.6 million Gross Receipts Tax (GRT) refund.

Statutory authority:

Public Service Law, section 113(2)

Subject:

Consolidated Edison Company of New York, proposes to retain 100% of the Excess Dividend refund and a portion of the GRT refund.

Purpose:

To allow Consolidated Edison Company of New York, Inc. to retain a portion of tax refunds.

Public hearing(s) will be held at:

10:00 a.m., Dec. 1, 2010 at Three Empire State Plaza, 3rd Fl. Hearing Rm., Albany, NY.

There could be requests to reschedule the hearings. Notification of any subsequent scheduling changes will be available at the DPS website (www.dps.state.ny.us) under Case No. 10-E-0308.

Interpreter Service:

Interpreter services will be made available to hearing impaired persons, at no charge, upon written request submitted within reasonable time prior to the scheduled public hearing. The written request must be addressed to the agency representative designated in the paragraph below.

Accessibility:

All public hearings have been scheduled at places reasonably accessible to persons with a mobility impairment.

Substance of proposed rule:

The Commission is considering a filing by Consolidated Edison Company of New York, Inc. (Company) for permission to retain 100% of the Excess Dividend Tax refund related to the sale of certain generating assets. The Company further proposes to retain 14%, net of cost to achieve a $10.6 million Gross Receipts Tax refund and distribute the remaining 86% to the Company's consumers. The Commission may approve, reject, or modify, in whole or in part, the request of Consolidated Edison Company of New York, Inc.

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-0308SP1)