6/1/16 N.Y. St. Reg. PSC-22-16-00014-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 petitions filed by 605 West 42nd Owner LLC for waiver of the requirements of 16 NYCRR section 96.5(k)(3) and 16 NYCRR section 96.6(b).
Statutory authority:
Public Service Law, sections 2, 4(1), 30, 32-48, 52, 53, 65(1), 66(1), (2), (3), (4), (12) and (14)
Subject:
Request for waiver of 16 NYCRR section 96.5(k)(3) and section 96.6(b).
Purpose:
To consider the request for waiver of 16 NYCRR section 96.5(k)(3) and 16 NYCRR section 96.6(b).
Substance of proposed rule:
The Public Service Commission is considering whether to grant, deny or modify, in whole or part, petitions filed by 605 West 42nd Owner LLC (Owner) regarding the building located at 605 West 42nd Street, New York, New York. Owner is requesting waiver of proof that an energy audit has been conducted as required when 20 percent or more of the residents receive income based housing pursuant to 16 NYCRR § 96.5(k)(3). Owner also requests waiver of the requirement that the submetering system being utilized must allow for the termination of electric service to a particular unit in the event that termination of such service is consistent with the requirements of HEFPA pursuant to 16 NYCRR § 96.6(b). The Commission may adopt, reject or modify, in whole or in part, the relief proposed and may resolve related matters.
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:
John Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486-2655, email:
john.pitucci@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.
