PSC-19-14-00003-EP Stay of Certain Provisions of a Prior Commission Order in Cases 12-M-0476, 98-M-1343, 06-M-0647 and 98-M-0667

5/14/14 N.Y. St. Reg. PSC-19-14-00003-EP

NEW YORK STATE REGISTER

VOLUME XXXVI, ISSUE 19

May 14, 2014

RULE MAKING ACTIVITIES

PUBLIC SERVICE COMMISSION

EMERGENCY/PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. PSC-19-14-00003-EP

Filing Date. Apr. 25, 2014

Effective Date. Apr. 25, 2014

Stay of Certain Provisions of a Prior Commission Order in Cases 12-M-0476, 98-M-1343, 06-M-0647 and 98-M-0667

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

Proposed Action:

The Public Service Commission adopted an order in Cases 12-M-0476, 98-M-1343, 06-M-0647 and 98-M-0667 procedurally granting petitions for rehearing and issuing a stay of certain enumerated provisions of the Commission’s Order Taking Actions to Improve the Residential and Small Non-residential Retail Access Markets issued on February 25, 2014 in those same cases.

Statutory authority:

Public Service Law, sections 5(1)(b) and 66(1)

Finding of necessity for emergency rule:

Preservation of general welfare.

Specific reasons underlying the finding of necessity:

This action is taken on an emergency basis, under Public Service Law §§ 5(1)(b) and 66(1), to issue a stay of certain provisions of the Public Service Commission’s (Commission) Order Taking Actions to Improve the Residential and Small Non-residential Retail Access Markets issued on February 25, 2014 in Cases 12-M-0476, 98-M-1343, 06-M-0647 and 98-M-0667 (February Order). Multiple parties submitted petitions for rehearing on March 27, 2014, which raised numerous issues with the Commission’s February Order. Addressing the Petitions for rehearing, as provided for in PSL § 22 and 16 NYCRR § 3.7, is in the public interest. Parties will have the opportunity to comment on the Petitions before this Commission addresses the merits of the issues raised in them. Immediate issuance of this Order pursuant to SAPA § 202(6) is necessary for the preservation of the general welfare of consumers in the retail energy market. The issuance of the stay of the provisions enumerated above will allow the rehearing process to proceed in an orderly fashion. Accordingly, compliance with the advance notice and comment requirements of SAPA § 202(1) would be contrary to the public interest.

Subject:

The stay of certain provisions of a prior Commission Order in Cases 12-M-0476, 98-M-1343, 06-M-0647 and 98-M-0667.

Purpose:

To stay certain provisions of a prior Commission Order to allow the rehearing process to proceed in an orderly fashion.

Substance of emergency/proposed rule:

On April 25, 2014 The Public Service Commission adopted an Order (April Order) staying, on an emergency basis, certain enumerated provisions of its February 25, 2014 Order Taking Actions to Improve the Residential and Small Non-residential Retail Access Markets (February Order) in Cases 12-M-0476, 98-M-1343, 06-M-0647 and 98-M-0667. The April Order procedurally granted rehearing in response to multiple parties petitions for rehearing filed on March 27, 2014. Further, the April Order granted a stay of certain enumerated provisions of the February Order. The stay will allow the rehearing process to proceed in an orderly fashion.

This notice is intended:

to serve as both a notice of emergency adoption and a notice of proposed rule making. The emergency rule will expire July 23, 2014.

Text of rule may be obtained from:

Deborah Swatling, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Kathleen H. Burgess, 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 amended rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act.

(12-M-0476EP8)