10/19/16 N.Y. St. Reg. PSC-42-16-00005-EP
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Proposed Action:
The Commission, on September 30, 2016, adopted an order authorizing New York American Water Company, Inc. as temporary operator of the New Vernon Water Company and Whitlock Farms Water Company.
Statutory authority:
Public Service Law, sections 89-b, 89-c and 112-a
Finding of necessity for emergency rule:
Preservation of public health, public safety and general welfare.
Specific reasons underlying the finding of necessity:
New York American Water Company, Inc. (NYAW), pursuant to an agreement with the Estate of Edwin D. Silvers (Phyllis Silvers, Executrix), requests authorization to be appointed as a temporary operator of the New Vernon Water Company (New Vernon) and Whitlock Farms Water Company (Whitlock). The Whitlock water system has been issued multiple citations by the Orange County Department of Health (OCDOH) and has revoked Whitlock’s disinfection waiver resulting in the system being placed under a precautionary boil water notice. New Vernon’s Infrastructure is also in need of extensive repairs in order to bring the facility to code, as instructed by OCDOH. As the Executrix and interim manager cannot continue to operating the water systems to the standards of the OCDOH, the provision of safe and adequate service is threatened, thus threatening the health and safety of the customers.
Subject:
Appointment of a temporary operator for Whitlock Farms Water Company and New Vernon Water Company.
Purpose:
To ensure the provision of safe and adequate water service to customers by appointment of a temporary operator.
Substance of emergency/proposed rule:
The Public Service Commission adopted an order appointing New York American Water Company, Inc. as a temporary operator of the New Vernon Water Company and Whitlock Farms Water Company pursuant to its authority under Public Service Law § 112-a.
This notice is intended:
to serve as both a notice of emergency adoption and a notice of proposed rule making. The emergency rule will expire December 28, 2016.
Text of rule may be obtained from:
John Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486-2655, email:
john.pitucci@dps.ny.govData, views or arguments may be submitted to:
Kathleen H. Burgess, Secretary, Department of Public Service, 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 amended rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act.
