PSC-47-12-00004-EP Temporary Waiver and Suspension of Electric, Gas and Steam Tariff Provisions Requiring the Imposition of Late Payment Charges

11/21/12 N.Y. St. Reg. PSC-47-12-00004-EP

NEW YORK STATE REGISTER

VOLUME XXXIV, ISSUE 47

November 21, 2012

RULE MAKING ACTIVITIES

PUBLIC SERVICE COMMISSION

EMERGENCY/PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. PSC-47-12-00004-EP

Filing Date. Nov. 02, 2012

Effective Date. Nov. 02, 2012

Temporary Waiver and Suspension of Electric, Gas and Steam Tariff Provisions Requiring the Imposition of Late Payment Charges

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:

Proposed Action:

Temporary waiver of certain late payment charges.

Statutory authority:

Public Service Law, sections 30, 51, 65, 66, 78, 79 and 80

Finding of necessity for emergency rule:

Preservation of public health, public safety and general welfare.

Specific reasons underlying the finding of necessity:

An immediate waiver and suspension of late payment charges is necessary because numerous customers in the affected areas may have lost their homes or have been forced to evacuate. Other customers may still not have their electric, internet, and/or telephone services restored. Many customers have also not been able to return to work. Nonresidential customers are also experiencing these problems. Thus, customers will likely have trouble in making timely payment of their electric, gas and steam bills. Compliance with the State Administrative Procedure Act is not possible because to do so could be detrimental to the health, safety and general welfare of the people of the State of New York, and immediate waiver of the applicable tariff provisions requiring the imposition of late payment charges will provide important benefits for customers who have suffered the hardships associated with Sandy and the loss of critical utility services. Delaying this action would be harmful to the public interest.

Subject:

Temporary waiver and suspension of electric, gas and steam tariff provisions requiring the imposition of late payment charges.

Purpose:

Temporary waiver and suspension of electric, gas and steam tariff provisions requiring the imposition of late payment charges.

Substance of emergency/proposed rule:

On November 2, 2012, the Public Service Commission issued an Order, on an emergency basis, directing a temporary waiver and suspension of electric, gas and steam tariff provisions that require the imposition of a late payment charge on bills not paid in a timely manner. As a result of Sandy, over a million utility customers lost electric, gas and/or steam service, as well as postal service, telephone or internet service, banking service, or payment services that are otherwise available to them. In the extraordinary post-hurricane conditions, it is necessary to temporarily adopt new procedures which work well while these unusual conditions are present. In the absence of Commission action, certain tariff provisions might require utilities to impose late payment charges, since such charges would be inappropriate under current circumstances. This Order authorizes a temporary waiver and suspension of such charges commencing immediately and continuing through December 15, 2012. During this period, the Commission will continue to monitor storm restoration efforts and determine whether a further suspension of such tariff provisions is necessary.

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 January 30, 2013.

Text of rule may be obtained from:

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

Public comment will be received until:

45 days after publication of this notice.

This action was not under consideration at the time this agency's regulatory agenda was submitted.

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.

(12-M-0501EP1)