PSC-16-09-00023-P Temporary Annual Assessment

4/22/09 N.Y. St. Reg. PSC-16-09-00023-P

NEW YORK STATE REGISTER

VOLUME XXXI, ISSUE 16

April 22, 2009

RULE MAKING ACTIVITIES

PUBLIC SERVICE COMMISSION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. PSC-16-09-00023-P

Temporary Annual Assessment

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

Proposed Action:

Implementation of a chapter of the Laws of 2009 establishing a Temporary Annual Assessment, pursuant to Public Service Law, section 18-a(6).

Statutory authority:

Public Service Law, sections 66(1), 80(1), (10), 89-c(1) and (10)

Subject:

Temporary Annual Assessment.

Purpose:

To establish annual temporary assessment.

Substance of proposed rule:

The Public Service Commission is considering the adoption of a rule implementing a chapter of the laws of 2009 establishing a Temporary Annual Assessment, pursuant to Public Service Law § 18-a(6). That section imposes upon public utility companies an Assessment equal to two per centum of the utility's gross intrastate operating revenues, less the amount assessed to pay the costs and expenses of the Commission and the Department of Public Service, as a credit to the state general fund. The revenues subject to the Assessment include revenues derived from sales of electricity and natural gas commodities by third parties. The issues under consideration include accounting treatments; billing mechanisms for recovering the Assessment from rate payers; processes for estimating revenues associated with provision of electricity and natural gas commodities by third parties; and any other related issues.

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

(09-M-0311SP1)