4/4/07 N.Y. St. Reg. PSC-14-07-00009-P
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, or modify, tariff revisions filed by Beaver Dam Lake Water Corp. to become effective July 1, 2007 requesting, pursuant to Public Service Law (PSL), section 5(4), an exemption from the rate setting provisions of PSL, section 89-c(10).
Statutory authority:
Public Service Law, sections 4(1), 5(1)(f) and (4), and 89-c(1) and (10)
Subject:
Exemption from the rate setting provisions of PSL.
Purpose:
To allow Beaver Dam Lake Water Corp. to set its own rates, charges and surcharges from time to time to cover the expenses associated with the operating, maintaining and upgrading the water system.
Substance of proposed rule:
On March 15, 2007, Beaver Dam Lake Water Corp. (Beaver Dam or the company) filed Leaf 12 Revision 2 to its electronic initial tariff schedule, P.S.C. No. 4 — Water, to become effective July 1, 2007. The company requests, pursuant to Public Service Law (PSL) § 5(4), an exemption from the rate setting provisions of PSL § 89-c(10). Beaver Dam is owned by all of its water users and for all intents and purposes functions like a homeowners association. The company proposes that it be allowed to set it own rates, charges and surcharges from time to time to cover the expenses associated with operating, maintaining and upgrading the water system. Beaver Dam is not proposing any changes in its rates and charges at this time. Customers will have the right at any time to ask the Public Service Commission to investigate the rates and charges. Beaver Dam provides flat rate water service to 152 customers consisting of one, two and three family homes in an area known as Beaver Dam Lake in the Towns of Cornwall and New Windsor, Sullivan County. The current flat rate charge for a single family home is $340 and there is also a capital improvement surcharge of $320 per year. Beaver Dam's tariff is available on the Commission's Home Page on the World Wide Web (
www.dps.state.ny.us) — located under the file room — Tariffs). The Commission may approve or reject, in whole or in part, or modify Beaver Dam's request.
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.
