5/26/10 N.Y. St. Reg. PSC-21-10-00023-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 the petition of Consolidated Edison Company of New York, Inc. to retain 14% ($200,000) of an approximately $1.5 million property tax refund, for overpayment of taxes on certain properties located in East Fishkill, New York.
Statutory authority:
Public Service Law, section 113(2)
Subject:
Consolidated Edison Company of New York, Inc. (ConEdison) proposes to retain a portion of a property tax refund.
Purpose:
To allow ConEdison to retain a portion of a Town of East Fishkill property tax refund.
Public hearing(s) will be held at:
10:30 a.m., July 20, 2010 at Three Empire State Plaza, Albany, NY.
Interpreter Service:
Interpreter services will be made available to hearing impaired persons, at no charge, upon written request submitted within reasonable time prior to the scheduled public hearing. The written request must be addressed to the agency representative designated in the paragraph below.
Accessibility:
All public hearings have been scheduled at places reasonably accessible to persons with a mobility impairment.
Substance of proposed rule:
Consolidated Edison Company of New York, Inc. (Con Edison) successfully challenged property tax assessments on certain Con Edison property located in the Town of East Fishkill, New York, resulting in a total expected property tax refund of approximately $1.5 million. When a public utility obtains a property tax refund, Public Service Law Section 113(2) provides that the Commission, after hearing, may determine the extent to which the refund will be passed on to the utility’s customers. Con Edison proposes to recover its incremental expenses incurred in achieving this property tax refund, from the refund, and to retain 14% of the balance, or approximately $200,000, for shareholders, and to defer 86% of the balance of the refund, or about $1.2 million, for the benefit of its electric customers.
The Commission will consider the petition of Con Edison and may grant or modify the relief sought in the petition or take other measures authorized by law.
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.
