PSC-43-13-00016-P Requests for Lightened Regulatory Treatment and Approval of a Prior Transfer of Ownership by Champlain Hudson Power Express, Inc

10/23/13 N.Y. St. Reg. PSC-43-13-00016-P

NEW YORK STATE REGISTER

VOLUME XXXV, ISSUE 43

October 23, 2013

RULE MAKING ACTIVITIES

PUBLIC SERVICE COMMISSION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. PSC-43-13-00016-P

Requests for Lightened Regulatory Treatment and Approval of a Prior Transfer of Ownership by Champlain Hudson Power Express, Inc

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) requests for lightened regulatory treatment and approval of a prior transfer of ownership.

Statutory authority:

Public Service Law, sections 4(1), 66(1) and 70

Subject:

Requests for lightened regulatory treatment and approval of a prior transfer of ownership by Champlain Hudson Power Express, Inc.

Purpose:

To consider requests for lightened regulatory treatment and approval of a prior transfer of ownership by Champlain Hudson.

Substance of proposed rule:

In a petition filed August 30, 2013, Champlain Hudson Power Express, Inc. (CHPEI) and CHPE Properties, Inc. (CHPE Properties) seek (1) what is denominated a declaratory ruling that they are subject to a lightened regulatory regime; and (2) a declaratory ruling that a prior transfer of ownership did not require Commission approval or, in the alternative, approval of such transfer. The relief sought in item (1) is actually an order providing for lightened regulation of CHPE and its subsidiary, CHPE Properties, as electric corporations, not simply a declaration of entitlement to such relief, so that relief constitutes a proposed rule. The relief sought in item (2) is a declaration, but the alternative relief is an order approving the prior transfer from CHPE's parent, TDI-USA Holdings Corp., of 25% of the ownership interests in CHPE to National Resources Energy, LLC, so that relief also constitutes a proposed rule.

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:

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

Data, views or arguments may be submitted to:

Kathleen H. Burgess, 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.

(13-E-0392SP1)