10/19/16 N.Y. St. Reg. PSC-42-16-00010-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
The Public Service Commission is considering a limited waiver of certain tariff provisions of The Brooklyn Union Gas Company d/b/a National Grid NY for interruptible service to SUNY Downstate Medical Center.
Statutory authority:
Public Service Law, sections 65(1) and 66(12)
Subject:
Request for a limited waiver of certain tariff provisions.
Purpose:
To consider a request for a limited waiver of the tariff's unauthorized gas usage and non-compliance penalty provisions.
Substance of proposed rule:
The Public Service Commission is considering a petition filed by The Brooklyn Union Gas Company d/b/a National Grid (KEDNY) requesting a limited waiver of its tariff provisions for interruptible service to SUNY Downstate Medical Center (Medical Center). KEDNY seeks a limited waiver of certain provisions of tariff regarding Service Classification (SC) 18 for interruptible gas service penalty provisions of unauthorized gas usage and non-compliance when the Medical Center failed to switch to its alternate fuel on several occasions during the 2013/14 winter season. The Medical Center contested that an unanticipated equipment failure rendered its alternate heating equipment inoperable and could not switch service because the hospital needed to maintain heat for health and safety of its patients. The Medical Center was assessed approximately $1.65 million in unauthorized use and non-compliance penalty charges. KEDNY and the Medical Center agreed in principle to resolve the non-compliance and unauthorized use charges for $700,000. The requested waiver would allow the parties to proceed with their proposed resolution. The Commission may adopt, reject or modify, in whole or in part, the relief proposed and may resolve 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:
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, 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.
