6/30/10 N.Y. St. Reg. PSC-26-10-00003-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 considering an investigation instituted by Staff of the New York State Department of Public Service of Independent Water Works, Inc. for alleged discriminatory practices and failure to charge tariffed rates.
Statutory authority:
Public Service Law, sections 4(1), 5(1)(f), 89-c(1), (10), 89-i and 89-j
Subject:
Water rates, charges and regulations.
Purpose:
To approve, reject or modify findings with respect to the rates, charges, rules and regulations of Independent Water Works, Inc.
Substance of proposed rule:
On February 2, 2010 the Commission issued an Order in Case 05-W-0707 which directed a reduction of the rates charged by Independent Water Works, Inc. (IWW or company). The reduced rates were to go into effect on February 5, 2010 on a temporary basis subject to comments by the parties. By letter dated February 25, 2010, the Attorney for Home Depot, U.S.A., Inc. and LNT, Inc., two of IWW’s customers, commented that IWW was not charging its customers the rates directed in that Order and that it appeared that IWW was giving one of the customers a 65% discount. This information was confirmed by a review of the required notices IWW sent its customers, copies of which were submitted in compliance with the Commission’s February 2, 2010 Order. As a result, Staff initiated an investigation of IWW concerning alleged discriminatory billing practices and failure to charge its customers its tariffed rates. The company provides metered water service to approximately 19 commercial customers in the Highlands Commercial Development in the Town of Southeast, Putnam County.
The Commission will determine if the company’s tariffed rates are being applied correctly and, if they are not, determine the appropriate remedy. The Commission may also consider other 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.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.
