PSC-29-16-00022-P Petitions for Rehearing of the Commission's Order Adopting Low Income Program Modifications and Directing Utility Filings  

  • 7/20/16 N.Y. St. Reg. PSC-29-16-00022-P
    NEW YORK STATE REGISTER
    VOLUME XXXVIII, ISSUE 29
    July 20, 2016
    RULE MAKING ACTIVITIES
    PUBLIC SERVICE COMMISSION
    PROPOSED RULE MAKING
    NO HEARING(S) SCHEDULED
     
    I.D No. PSC-29-16-00022-P
    Petitions for Rehearing of the Commission's Order Adopting Low Income Program Modifications and Directing Utility Filings
    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 three Petitions for Rehearing filed on June 20, 2016, requesting rehearing of the Commission's Order Adopting Low Income Program Modifications and Directing Utility Filings.
    Statutory authority:
    Public Service Law, sections 4(1), 5(1), 65(1), (2), (3), 66(1), (2), (3), (5), (8), (9) and (12)
    Subject:
    Petitions for Rehearing of the Commission's Order Adopting Low Income Program Modifications and Directing Utility Filings.
    Purpose:
    To establish rates, terms, and conditions for low income utility programs.
    Substance of proposed rule:
    The New York State Public Service Commission (Commission) is considering three Petitions for Rehearing (Petitions) filed on June 20, 2016, requesting rehearing of the Commission's Order Adopting Low Income Program Modifications and Directing Utility Filings, issued on May 20, 2016 (Order). The Petitions were filed by Multiple Interveners (MI), National Fuel Gas Distribution Corporation (NFG), and the City of New York (NYC). MI requests rehearing and modification of the Order and seeks to: (1) reduce the increases to the annual budgets for utility low income programs located in Upstate New York; (2) phase-in any increases to the annual budgets for the upstate utilities’ low income programs; (3) remove, with respect to the upstate utilities, the linkage between low income program budgets funded through delivery rates and electricity and gas commodity prices; and, (4) with respect to the upstate utilities, allocate the costs of low income programs to the various customer classes on a per customer basis and recover the properly allocated costs from individual demand-metered customers on a per customer or, alternately, per kW basis. NFG requests rehearing and modification of the Order and seeks to: (1) alter the affordability methodology in order to permit targeted variable discounts based on specific household income size and composition; (2) clarify how discount levels should be phased out at program initiation where low usage households are already paying bills at or below the targeted 6%, and whether and to what extent any discount-related credits can be applied to customers’ accounts where bills are below the targeted energy burden; (3) encourage the Office of Temporary and Disability Assistance (OTDA) to include household income figures and number of inhabitants in the files provided to utilities; (4) allow utilities to adopt a targeted low income program providing an affordable bill of 6% of household income based on information provided by OTDA, or allow utilities to continue to offer variable rate discounts to households based on income and household size provided by the customer; (5) clarify an alleged conflict between the 6% energy burden target and the 2% budget cap; and, (6) prohibit arrears forgiveness programs for utilities that are projected to be at or above the 2% budget cap. NYC requests rehearing and modification of the Order and seeks to: (1) reverse the decision to eliminate low income program discounts for direct voucher and utility guarantee customers; (2) alter the affordability methodology to achieve the targeted reduction in energy burden though a generally applicable customer discount with less reliance on receipt of Home Energy Assistance Program benefits; (3) clarify that the greater benefits, compared to those specified in the Order, provided to National Grid NY may continue; and, (4) clarify and confirm that HEAP eligible heating customers can continue to receive heating level benefits under and in accordance with the existing provisions of Consolidated Edison Company of New York, Inc. and National Grid NY’s low income programs. 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.gov
    Data, 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.gov
    Public 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.
    (14-M-0565SP2)

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