6/10/09 N.Y. St. Reg. PSC-23-09-00009-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
The PSC is reconsidering whether to approve or reject, in whole or in part, or modify, the complaint of Home Depot, USA, Inc. and Linens 'n Things against Independent Water Works, Inc., requesting an 80% reduction in water rates.
Statutory authority:
Public Service Law, sections 89-c(4), 89-j and 114
Subject:
Water Rates and Charges.
Purpose:
To reconsider the complaint of Home Depot U.S.A., Inc., and Linens 'n Things against Independent Water Works, Inc.
Substance of proposed rule:
In light of court action, the Commission is reconsidering its determination on the Complaint of Home Depot U.S.A., Inc. et al., against Independent Water Works, Inc. requesting an 80% reduction in the rates charged by Independent Water Works, Inc., the implementation of temporary rates and a refund of overcharges, in its Order Dismissing Complaint and Order to Show Cause (issued September 11, 2006). The New York State Supreme Court, Appellate Division, remitted this determination to the Commission for further proceedings consistent with the court's decision (See Matter of Home Depot U.S.A., Inc., et al., v. New York State Public Service Commission, et al., 55 A.D. 3d 1111 (3rd Dept 2008)). In particular, the court remitted the matter to the Commission for full reconsideration of two questions: (1) whether petitioners' water rates should be reduced prospectively based upon a double recovery of construction costs, taking into account all relevant agreements among the parties; and (2) whether the $525,142 that the PSC previously confirmed was utilized to construct the water system should be deducted from the rate base.
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:
jaclyn_brilling@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.
