PSC-51-09-00030-P Waiver or Modification of Capital Expenditure Condition of Merger

12/23/09 N.Y. St. Reg. PSC-51-09-00030-P

NEW YORK STATE REGISTER

VOLUME XXXI, ISSUE 51

December 23, 2009

RULE MAKING ACTIVITIES

PUBLIC SERVICE COMMISSION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. PSC-51-09-00030-P

Waiver or Modification of Capital Expenditure Condition of Merger

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 request of New York State Electric & Gas Corporation and Rochester Gas and Electric Corporation to waive certain Capital Expenditure requirements imposed on their mergers with Iberdrola, S.A.

Statutory authority:

Public Service Law, sections 2, 5, 65 and 70

Subject:

Waiver or modification of Capital Expenditure condition of merger.

Purpose:

To allow the companies to expend less funds for capital improvement than required by the merger.

Substance of proposed rule:

In approving the merger of New York State Electric & Gas Corporation and Rochester Gas and Electric Corporation with Iberdrola, S.A., (the companies) the Commission imposed on the companies a minimum amount of capital expenditures to be made over a two-year period. The Companies have requested a waiver, or some other modification, of such condition. The Commission may grant, deny, or modify, in whole or in part, such a waiver or modification of the condition.

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.

(07-M-0906SP4)