10/5/16 N.Y. St. Reg. PSC-40-16-00027-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 whether to impose consequences on an energy services company (ESCO), Marathon Energy Corporation (Marathon), for apparent non-compliance with Commission requirements.
Statutory authority:
Public Service Law, sections 4, 65 and 66
Subject:
Consequences pursuant to the Commission's Uniform Business Practices (UBP).
Purpose:
To consider whether to impose consequences on Marathon for its apparent non-compliance with Commission requirements.
Substance of proposed rule:
The Public Service Commission (Commission) is considering whether to impose consequences, pursuant to section two of the Commission’s Uniform Business Practices (UBP), on Marathon Energy Corporation (Marathon), an energy services company (ESCO). On September 15, 2016, the Commission issued an Order Instituting Proceeding and to Show Cause (Show Cause Order), which explained the results of an investigation showing a number of apparent failures on the part of Marathon to comply with Commission requirements. The Show Cause Order stated that the Commission may revoke Marathon’s eligibility to operate in New York, or may impose any of the consequences set forth in the UBP section 2.D.6.b. The Show Cause Order required Marathon to respond explaining why (1) its ability to enroll new residential and non-residential customers should not be suspended until the Commission orders otherwise; and (2) its eligibility to operate in New York should not be revoked or why other consequences should not be imposed. 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.
