5/18/11 N.Y. St. Reg. PSC-20-11-00013-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
The Commission is considering whether to take action on the complaint of SLIC Network Solutions, Inc. regarding Niagara Mohawk Power Corporation d/b/a National Grid's February 2011 increase in its make ready charges for pole attachments.
Statutory authority:
Public Service Law, section 65 and 119-a
Subject:
Determining the reasonableness of Niagara Mohawk Power Corporation d/b/a National Grid's make ready charges.
Purpose:
To determine if the make ready charges of Niagara Mohawk Power Corporation d/b/a National Grid are reasonable.
Substance of proposed rule:
On April 15, 2011, SLlC Network Solutions, Inc.; Development Authority of the North Country; and ION HoldCo, LLC (SLIC) filed a complaint with the Public Service Commission alleging that the make ready charges for pole attachments recently revised by Niagara Mohawk Power Corporation d/b/a National Grid (Grid), were unreasonably high.
On February 2, 2011, consistent with the Commission's policy on pole attachments, Grid updated it's make ready charges, which concern the cost of work done to prepare utility poles for third party attachments. SLIC alleges that Grid's new charges are unreasonably high and threaten contracts SLIC has to provide expanded broadband service to rural areas of New York.
In its complaint, SLIC argues that the increased charges will make it impossible to perform under its contract to expand broadband service and frustrate the national broadband policy. SLIC is requesting that the Commission prevent Grid's new rates from being applied until it determines that they are legitimately cost-based.
The Commission is considering whether to take action on the complaint. The Commission may modify other aspects of its pole attachment rules and policies and may make the decision reached here applicable to other utilities.
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:
Secretary@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.
