PSC-10-13-00002-EP Appoint the Town of Thompson As the Temporary Operator of the Abandoned White Knight Water System

3/6/13 N.Y. St. Reg. PSC-10-13-00002-EP

NEW YORK STATE REGISTER

VOLUME XXXV, ISSUE 10

March 06, 2013

RULE MAKING ACTIVITIES

PUBLIC SERVICE COMMISSION

EMERGENCY/PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. PSC-10-13-00002-EP

Filing Date. Feb. 13, 2013

Effective Date. Feb. 13, 2013

Appoint the Town of Thompson As the Temporary Operator of the Abandoned White Knight Water System

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 appointing the Town of Thompson as the temporary operator of the abandoned White Knight water system to continue operation of the water system with the authority to operate and manage the water system, in compliance with the Company’s tariff, statutory provisions and regulatory requirements.

Statutory authority:

Public Service Law, sections 89-c(2) and 112-a

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 Procedure Act (SAPA) § 202(6). Failure to appoint the Town of Thompson as temporary operator of the abandoned White Knight water system will result in the continued lack of safe and adequate water service to the customers of the water system during the particularly critical winter months as well as the continued physical and financial decline of the water system. Twelve of the 64 homes in the development have already been abandoned and more could be abandoned if the Town is not immediately appointed as temporary operator of the water system. Such results 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 appointment of the Town as Temporary Operator under Public Service Law § 112-a is necessary for the preservation of the public health, safety and general welfare.

Subject:

Appoint the Town of Thompson as the temporary operator of the abandoned White Knight water system.

Purpose:

Appointment will allow continued operation and management of system in compliance with tariff, statutes and regulations.

Substance of emergency/proposed rule:

The Public Service Commission, on February 13, 2013, adopted an order appointing the Town of Thompson as the temporary operator of the abandoned White Knight water system to continue operation of the water system and to provide safe and adequate service to customers, with the authority to operate and manage the water system, in compliance with the Company’s tariff, statutory provisions and regulatory requirements, subject to the terms and conditions set forth in the order.

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 May 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:

Jeffrey C. Cohen, Acting 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-W-0364EP2)