4/20/16 N.Y. St. Reg. PSC-16-16-00004-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 a Department of Public Service Staff proposal concerning utility codes of conduct revisions.
Statutory authority:
Public Service Law, sections 2, 3, 8, 65, 66, 69, 69-a and 70
Subject:
Utility Codes of Conduct for affiliate interactions.
Purpose:
To update and/or modify utility codes of conduct in anticipation of changes related to evolving Commission policies.
Substance of proposed rule:
In its Order Adopting Regulatory Policy Framework and Implementation Plan, issued February 26, 2015, the Commission, inter alia, presented a framework that would establish a distributed system platform (DSP) operator to facilitate the creation of new markets for distributed energy resources (DER), and to coordinate those DER resources when and where implemented. The Commission agreed with the recommendation of Department of Public Service Staff (Staff) that New York’s existing electric distribution utilities are best suited to act as the DSP operator to administer the DSP functions. Additionally, the Commission decided that utility affiliates could own DER and, under certain circumstances, utility DSP operators could also own DER. To address potential concerns with such affiliate or DSP operator ownership, the Commission noted that codes of conduct by the utilities would be required. Accordingly, the Commission directed Staff to initiate a process to address and refine utility codes. Thereafter, Staff developed a proposal for establishing principles related to such codes. The Commission can approve, deny or modify, in whole or in part, Staff’s proposal, and may consider and resolve other related matters.
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:
John Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486-2655, email:
john.pitucci@dps.ny.govData, views or arguments may be submitted to:
Kathleen H. Burgess, 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.
