PSC-28-09-00003-EP Commission Adopted an Order to Grant in Whole or in Part on an Emergency Basis, the Transfer of Property Petition

7/15/09 N.Y. St. Reg. PSC-28-09-00003-EP

NEW YORK STATE REGISTER

VOLUME XXXI, ISSUE 28

July 15, 2009

RULE MAKING ACTIVITIES

PUBLIC SERVICE COMMISSION

EMERGENCY/PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. PSC-28-09-00003-EP

Commission Adopted an Order to Grant in Whole or in Part on an Emergency Basis, the Transfer of Property Petition

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:

Proposed Action:

The Public Service Commission adopted an order approving, on an emergency basis, the petition on behalf of Central Hudson Gas & Electric Corporation seeking Commission approval pursuant to Public Service Law Section 70 to transfer certain property and property rights valued at approximately $26,000 and located in the City of Poughkeepsie and Town of Lloyd to Poughkeepsie-Highland Railroad Bridge Co. Inc./DBA Walkway Over The Hudson and Town of Lloyd, which is required to receive federal funding to complete the Walkway Over the Hudson project and contribute to the economic development and general welfare of Central Hudson's service territory.

Statutory authority:

Public Service Law, section 70

Finding of necessity for emergency rule:

Preservation of general welfare.

Specific reasons underlying the finding of necessity:

The Public Service Commission approved the petition on behalf of Central Hudson Gas & Electric Corporation seeking Commission approval pursuant to Public Service Law Section 70 to transfer certain property and property rights valued at approximately $26,000 and located in the City of Poughkeepsie and Town of Lloyd to Poughkeepsie-Highland Railroad Bridge Co. Inc./DBA Walkway Over The Hudson and Town of Lloyd because such approval is required for federal funding under the deadlines proscribed under the American Recovery and Reinvestment Act (ARRA) and completion and success of the Walkway Over the Hudson project which will contribute to the economic development and general welfare of Central Hudson's service territory. Additionally, assuring that the Town of Lloyd will meet the ARRA deadline improves the likelihood that New York State will fully allocate its $392 million in funding by that date, and therefore, will be eligible to receive some of the funding that will be redistributed from States that do not meet the deadline.

Subject:

The Commission adopted an order to grant in whole or in part on an emergency basis, the transfer of property petition.

Purpose:

The Commission adopted an order to grant in whole or in part on an emergency basis, the transfer of property petition.

Substance of emergency/proposed rule (Full text is posted at the following State website: www.dps.state.ny.us):

The Public Service Commission approved, on an emergency basis, the petition on behalf of Central Hudson Gas & Electric Corporation seeking Commission approval pursuant to Public Service Law Section 70 to transfer certain property and property rights valued at approximately $26,000 and located in the City of Poughkeepsie and Town of Lloyd to Poughkeepsie-Highland Railroad Bridge Co. Inc./DBA Walkway Over The Hudson and Town of Lloyd, which is required to receive federal funding, complete the Walkway Over the Hudson project and contribute to the economic development and general welfare of Central Hudson's service territory.

This notice is intended:

to serve as both a notice of emergency adoption and a notice of proposed rule making. The emergency rule will expire September 22, 2009.

Text of rule may be obtained from:

Leann Ayer, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Jaclyn A. Brilling, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, [phone], email: [e-mail]

Public comment will be received until:

45 days after publication of this notice.

Regulatory Impact Statement

A regulatory impact statement is 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.

Regulatory Flexibility Analysis

A regulatory flexibility analysis is 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.

Rural Area Flexibility Analysis

A rural area flexibility analysis is 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.

Job Impact Statement

A job impact statement is 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.

(09-M-0485SA1)