12/9/09 N.Y. St. Reg. PSC-49-09-00019-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 The Brooklyn Union Gas Company d/b/a National Grid NY (National Grid NY) regarding the disposition of property tax refunds received from the City of New York.
Statutory authority:
Public Service Law, section 113(2)
Subject:
National Grid NY proposes to retain a portion of the property tax refund for its shareholders.
Purpose:
To allow National Grid NY to retain a portion of the property tax refund for its shareholders.
Public hearing(s) will be held at:
10:30 a.m., Feb. 10, 2010 at 90 Church St., New York, NY.*
*There could be requests to reschedule the hearings. Notification of any subsequent scheduling changes will be available at the DPS Website (www.dps.state.ny.us) under Case No. 09-M-0818.
Interpreter Service:
Interpreter services will be made available to hearing impaired persons, at no charge, upon written request submitted within reasonable time prior to the scheduled public hearing. The written request must be addressed to the agency representative designated in the paragraph below.
Accessibility:
All public hearings have been scheduled at places reasonably accessible to persons with a mobility impairment.
Substance of proposed rule:
On September 18, 2009, The Brooklyn Union Gas Company d/b/a National Grid NY (National Grid NY) obtained a Real Property Tax refund of approximately $5.1 million as a product of New York City's Industrial and Commercial Incentive Program (ICIP). When a public utility obtains a property tax refund, Public Service Law Section 113(2) provides that the Commission, after hearing, may determine the extent to which the refund will be passed on to the utility's customers. National Grid NY maintains that it undertook considerable effort, expense and risk in seeking the tax refunds, and should be allowed to retain a portion of the refunds for its shareholders. National Grid NY proposes to retain approximately $2.94 million for its shareholders. The Commission will consider the petition of National Grid NY and may grant or modify the relief sought in the 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.state.ny.us/f96dir.htm. For questions, contact:
Leann Ayer, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486-2655, email:
leann_ayer@dps.state.ny.usData, 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.state.ny.usPublic 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.
