11/5/14 N.Y. St. Reg. PSC-44-14-00023-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 petition of West Valley Crystal Water Company, Inc., submitted on October 9, 2014, for rehearing of the Order Determining Revenue Requirement, issued on September 8, 2014.
Statutory authority:
Public Service Law, sections 22 and 89-c(10)
Subject:
Petition for rehearing filed by West Valley Crystal Water Company, Inc. on October 9, 2014.
Purpose:
Petition for rehearing filed by West Valley Crystal Water Company, Inc. on October 9, 2014.
Substance of proposed rule:
On October 9, 2014, West Valley Crystal Water Company, Inc. (West Valley) submitted a petition for rehearing of the Commission’s Order Determining Revenue Requirement, which was issued on September 8, 2014. The petition argues that the Commission committed an error of fact in that its determination that West Valley has not timely replaced its infrastructure was made against the weight of substantial evidence and without a rational basis, which the petition argues, constitutes an error of law. The petition also argues that the Commission’s denial of a salary increase for West Valley’s operator does not allow for the costs of required water testing and that West Valley provided information that the Order states was not provided. The Commission may consider any related issues.
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, (518) 486-2659, email:
Deborah.Swatling@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.
