PSC-17-07-00013-P Stipulation of Parties by Niagara Mohawk Power Corporation
4/25/07 N.Y. St. Reg. PSC-17-07-00013-P
NEW YORK STATE REGISTER
VOLUME XXIX, ISSUE 17
April 25, 2007
RULE MAKING ACTIVITIES
PUBLIC SERVICE COMMISSION
PROPOSED RULE MAKING
HEARING(S) SCHEDULED
I.D No. PSC-17-07-00013-P
Stipulation of Parties by Niagara Mohawk Power Corporation
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed action:
The Public Service Commission is considering whether to approve or reject, in whole or in part, the stipulation of parties filed by Niagara Mohawk Power Corporation on March 22, 2007 concerning the audit of the deferral account in Case 01-M-0075 and various other rate making and accounting issues.
Statutory authority:
Public Service Law, section 66
Subject:
A stipulation of parties which resolves issues raised in a deferral audit, including a write-down of the amount in the deferral account, and resolution of other accounting and rate making issues.
Purpose:
To implement various accounting procedures, and adjustment to the deferral account.
Public hearing(s) will be held at:
10:00 a.m., May 17, 2007 at Department of Public Service, 3rd Fl. Hearing Rm., Three Empire State Plaza, Albany, NY.
Accessibility:
All public hearings have been scheduled at places reasonably accessible to persons with a mobility impairment.
Interpreter Service:
Interpreter services will be made available to deaf 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.
Substance of proposed rule:
The Public Service Commission is considering whether to approve, reject or modify, in whole or in part, a Stipulation of Parties, filed on March 22, 2007 which is proposed to resolve issues raised in testimony by staff of the Department of Public Service of amounts deferred by Niagara Mohawk Mohawk Power Corporation (Niagara Mohawk or the Company) pursuant to the provisions of the Merger Joint Proposal approved by the Commission in Opinion 01-6 in Case No. 01-M-0075. The Stipulation requires, inter alia, a downward adjustment of the balance in the Deferral Account as of June 30, 2005 by approximately $93 million. It further provides for certain treatment and implementation processes of deferrals from July 1, 2005 through December 3, 2011. The Stipulation also includes resolution of the issues in: 1) the Company's March 27, 2006, filing in Case 01-E-0011 concerning rate effects on the Company of a settlement between Niagara Mohawk and the Nine Mile co-tenants, 2) the pension settlement deferral petitions in Case Nos. 04-M-0938 and 07-M-0173, 3) the January 14, 2004, petition in Case 01-M-0075 concerning requested modifications of the customer service quality targets, and 4) the March 21, 2006 petition regarding stray voltage costs in Case 04-M-0159. As part of the Stipulation the Company has agreed not to increase its electric delivery rates for 2008 and 2009 to recover any additional deferrals above the $200 million annual recovery authorized for 2007 in the Commission's December 27, 2005 Order in Case No. 01-M-0075. However, to the extent Niagara Mohawk would have otherwise been permitted an increase above this amount, the Company may include carrying charges in the Deferral Account.
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:
Central Operations, Public Service Commission, Bldg. 3, Empire State Plaza, Albany, NY 12223-1350, (518) 474-2500
Data, views or arguments may be submitted to:
Jaclyn A. Brilling, Secretary, Public Service Commission, Bldg. 3, Empire State Plaza, Albany, NY 12223-1350, (518) 474-6530
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.
