12/26/12 N.Y. St. Reg. PSC-52-12-00009-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 Multiple Intervenors to allow certain customers qualifying for two economic development program discounts to retain both discounts on their entire load, and for any further relief related thereto.
Statutory authority:
Public Service Law, sections 4(1), 65 and 66; Public Authorities Law, section 1005; and Economic Development Law, section 188-a
Subject:
Consideration of the petition of Multiple Intervenors regarding Empire Zone and Recharge New York economic development rates.
Purpose:
Whether to allow customers to receive multiple discounts on Recharge New York power.
Substance of proposed rule:
On December 4, 2012, Multiple Intervenors (MI) submitted a petition for clarification or, alternatively, for a declaratory ruling with regard to the Public Service Commission’s September 19, 2011 Order in Case 11-E-0176. MI’s petition requests that the Commission (1) determine that customers qualifying for participation in both the Recharge New York (RNY) and the Empire Zone (EZR) economic development programs may choose either to retain their EZR delivery rate discount for their entire load, inclusive of any accepted RNY allocation, or otherwise elect to receive delivery service pursuant to the RNY Order; (2) direct any utility to issue refunds to EZR/RNY customers for any past and ongoing delivery charges that exceed the option selected by the customer – including refunds to any affected customer that was forced to terminate its receipt of RNY power as a result of the utility’s unwarranted actions; and (3) direct any utility to issue refunds in an amount equal to the difference between RNY supply costs and the otherwise applicable supply cost to EZR/RNY customers that elected to forego or relinquish a RNY allocation due to the utility’s actions and/or advice. The Commission is considering whether to approve, reject or modify, in whole or in part, the relief requested in MI’s petition.
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:
Jaclyn A. Brilling, 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.
