5/20/15 N.Y. St. Reg. PSC-20-15-00008-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 grant or reject, in whole or in part, the petition of the Town of Ramapo seeking rehearing and/or clarification of the Commission's Order issued in Case 13-W-0246 on November 14, 2014.
Statutory authority:
Public Service Law, sections 4, 5, 22, 89-a, 89-b, 89-c, 113 and 114
Subject:
Petition for rehearing and/or clarification of the Commission's Order, issued in Case 13-W-0246.
Purpose:
To consider the petition for rehearing and/or clarification filed by the Town of Ramapo.
Substance of proposed rule:
The Public Service Commission is considering the petition of the Town of Ramapo (Ramapo) for rehearing and/or clarification of the Commission's Order Denying Surcharge and Making Determinations Regarding the Treatment of Certain Long-term Water Supply Development Costs, issued November 14, 2014. Ramapo alleges the Commission committed errors of law or fact (16 NYCRR 3.7) in: 1) allowing pre-construction costs to be accrued as Allowance for Funds Used During Construction (AFUDC); 2) implicitly approving allegedly imprudent actions and expenses incurred by United Water New York, Inc. (UWNY); 3) finding Department of Public Service Staff's audit of non-legal expenses sufficient; and 4) applying two separate standards of review to legal and non-legal expenses. Ramapo further seeks clarification regarding: allowed accrual of AFUDC development costs by the Uniform System of Accounts, the prudency of certain actions and expenses incurred by UWNY and the sufficiency of review by Staff of vendor invoices. The Commission may accept, reject or modify Ramapo's proposal in whole or part, or take other action in response to other parties' filings in response to the Ramapo petition.
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.ny.gov/f96dir.htm. For questions, contact:
Elaine Agresta, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486-2660, email:
elaine.agresta@dps.ny.govData, views or arguments may be submitted to:
Kathleen H. Burgess, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 474-6530, email:
secretary@dps.ny.govPublic 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.
