PSC-49-12-00010-EP Temporary Waiver of the Notification Requirement Contained in 16 NYCRR Section 261.53

12/5/12 N.Y. St. Reg. PSC-49-12-00010-EP

NEW YORK STATE REGISTER

VOLUME XXXIV, ISSUE 49

December 05, 2012

RULE MAKING ACTIVITIES

PUBLIC SERVICE COMMISSION

EMERGENCY/PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. PSC-49-12-00010-EP

Filing Date. Nov. 16, 2012

Effective Date. Nov. 16, 2012

Temporary Waiver of the Notification Requirement Contained in 16 NYCRR Section 261.53

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:

Proposed Action:

The Public Service Commission adopted an order extending a temporary waiver of the notification requirement contained in 16 NYCRR section 261.53 that could delay restoration of gas service to customers affected by Hurricane Sandy as well as other storm recovery activities.

Statutory authority:

Public Service Law, sections 4, 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:

Approval of the extension of the temporary waiver of 16 NYCRR Section 261.53 should be adopted on an emergency basis pursuant to SAPA § 202(6). Requiring compliance with 16 NYCRR Section 261.53 while gas utilities work to restore gas service to customers in the aftermath of Hurricane Sandy could cause delays in restoring gas service that would threaten the public health, safety and general welfare. As a result, compliance with the advance notice and comment requirements of SAPA § 202(1) would be contrary to the public interest.

Subject:

Temporary waiver of the notification requirement contained in 16 NYCRR section 261.53.

Purpose:

To provide gas utilities with a temporary waiver of 16 NYCRR section 261.53.

Text of emergency/proposed rule:

On November 16, 2012, the Public Service Commission issued an Order granting an extension of a temporary waiver of the notification requirement contained in 16 NYCRR Section 261.53, on an emergency basis. That regulation required utilities to notify local Department of Social Services (DSS) offices when the disconnection of gas service to results in a customer being unable to use heating facilities. As a result of Hurricane Sandy, The Brooklyn Union Gas Company d/b/a National Grid NY and KeySpan Gas East Corporation d/b/a National Grid have a large number of customers who currently do not have gas service and need to have such service restored. In the process of restoring service to these customers, these utilities’ employees may discover hazardous conditions within buildings which prevent them from restoring gas service. Compliance with the notification requirement of 16 NYCRR Section 261.53 under these circumstances could result in delays to utility restoration efforts and hamper local DSS offices contemporaneous storm recovery efforts.

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 13, 2013.

Text of rule may be obtained from:

Deborah Swatling, 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 amended rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act.

(12-G-0500EP2)