PSC-44-09-00018-P Disposition of Property Tax Refunds Received by Utilities

11/4/09 N.Y. St. Reg. PSC-44-09-00018-P

NEW YORK STATE REGISTER

VOLUME XXXI, ISSUE 44

November 04, 2009

RULE MAKING ACTIVITIES

PUBLIC SERVICE COMMISSION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. PSC-44-09-00018-P

Disposition of Property Tax Refunds Received by Utilities

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 petition of Long Island Water Corporation regarding the disposition of a property tax refund received from Nassau County after a successful challenge to its tax assessment for several tax years.

Statutory authority:

Public Service Law, section 113(2)

Subject:

Disposition of property tax refunds received by utilities.

Purpose:

To determine the disposition of property tax refunds.

Substance of proposed rule:

The Commission is considering whether to approve, reject or modify the request of Long Island Water Corporation (company) for the disposition of a property tax refund it has received as settlement of a challenge to its Nassau County tax assessment. The company challenged its assessment for several years of taxes and the $3.1 million represents the final payment by Nassau County. The company proposes that certain costs related to the tax challenge be deducted and that its shareholders retain a percentage of the net amount as reward for the company's efforts in obtaining the refund. The remainder of the refund would be returned to ratepayers in a manner to be determined.

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, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Jaclyn A. Brilling, 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.

(09-W-0581SP1)