11/23/11 N.Y. St. Reg. PSC-47-11-00008-P
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 the rehearing and clarification petition of E. Tetz and Sons, Inc. for a waiver from certain tariff provisions related to interruptible service.
Statutory authority:
Public Service Law, sections 4(1), 65 and 66(1)
Subject:
Providing a waiver from interruptible gas tariff requirements related to back-up fuel.
Purpose:
Consideration of a rehearing and clarification petition from certain interruptible gas back-up fuel tariff requirements.
Substance of proposed rule:
In an Order dated September 21, 2011, the Public Service Commission granted a limited waiver to petitioner E. Tetz & Sons, Inc. relieving petitioner of certain Orange and Rockland Utilities, Inc.’s tariff requirements for interruptible gas service relating to on-site back-up fuel requirements.
In an October 28, 2011, filing, petitioner filed for rehearing and clarification of the Commission’s September 21, 2011 Order. Specifically petitioner requests that the Commission clarify that it did not intend to constrain petitioner’s operations, that it did not intend to make a specific finding regarding petitioner’s three-days fuel use requirement, and that petitioner’s on-site, three-day supply of back-up fuel with an additional contract for additional supplies is sufficient to meet the tariff requirements. Petitioner requests rehearing on each point raised in the event the Commission fails to clarify each point as requested.
The Commission may adopt, reject or modify, in whole or in part, petitioner’s clarification and rehearing proposals.
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.state.ny.us/f96dir.htm. For questions, contact:
Leann Ayer, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486-2655, email:
leann_ayer@dps.state.ny.usData, views or arguments may be submitted to:
Jaclyn A. Brilling, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 474-6530, email:
Secretary@dps.state.ny.usPublic 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.
