12/5/12 N.Y. St. Reg. PSC-49-12-00001-EP
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Proposed Action:
The PSC adopted an order providing a further waiver of certain requirements of 16 NYCRR § 255.604 concerning operator qualification during the pendency of work related to storm restoration of service efforts by the State's gas utilities as a result of outages caused by Hurricane Sandy.
Statutory authority:
Public Service Law, sections 5, 65 and 66
Finding of necessity for emergency rule:
Preservation of public health, public safety and general welfare.
Specific reasons underlying the finding of necessity:
This action is taken on an emergency basis pursuant to State Administrative Procedures Act (SAPA) § 202(6). Failure to grant the waiver on an emergency basis could result in the hampering of efforts to timely restore gas utility service resulting from damage caused by Hurricane Sandy. The hampering of such restoration efforts would adversely impact the public safety, health and general welfare of the citizens of New York. As a result, compliance with the advance notice and comment requirements of SAPA § 202(1) would be contrary to the public interest, and an immediate waiver of certain requirements of 16 NYCRR § 255.604 is necessary for the preservation of the public health, safety and general welfare.
Subject:
Waiver of certain requirements of 16 NYCRR section 255.604 concerning "operator qualification."
Purpose:
The waiver will allow flexibility in utility personnel to facilitate the restoration of gas service impacted by Hurricane Sandy.
Substance of emergency/proposed rule (Full text is posted at the following State website:www.dps.ny.gov):
The Public Service Commission adopted an order waiving on a temporary basis, subject to the terms and conditions set forth in the order, the requirements of 16 NYCRR § 255.604 regarding to "Operator Qualification" for additional restoration tasks during the pendency of restoration efforts by the State's gas utilities resulting from storm damage caused by Hurricane Sandy.
This notice is intended:
to serve as both a notice of emergency adoption and a notice of proposed rule making. The emergency rule will expire February 10, 2013.
Text of rule may be obtained from:
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 amended rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act.
