4/8/09 N.Y. St. Reg. PSC-14-09-00017-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 delegate to the Secretary authority to approve tariff filing suspensions for Communications, Gas, Electric, Steam and Water Corporations.
Statutory authority:
Public Service Law, sections 4(1), 5(1)(f), 8, 66, 80, 89-c(1), (10) and 92
Subject:
Delegation of authority to the Secretary for approval of tariff filing suspensions for utility corporations.
Purpose:
To consider delegation of authority.
Substance of proposed rule:
The Commission is considering delegating to the Secretary authority to approve suspensions of filed amendments to communication, gas, electric, steam and water corporation tariff schedule which propose changes in its rates, charges, rules and regulations. The tariff suspension for which approval would be delegated, would be limited to: (1) initial suspensions of 120 days; and (2) further suspension for a period not to exceed six months. Suspensions are ministerial in nature and considered appropriate for delegation. Initial suspensions allow time for Staff investigation, SAPA compliance, hearings and newspaper publication of the proposed changes. Further suspensions allow an additional six months if hearings and SAPA compliance cannot be concluded within the period of suspension. The Commission may approve or reject, in whole or in part, or modify the proposal.
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, (518) 486-2655, email:
leann_ayer@dps.state.ny.usData, views or arguments may be submitted to:
Jaclyn A. Brilling, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 474-6530, email:
jaclyn_brilling@dps.state.ny.usPublic 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.
