Home » 2009 Issues » July 29, 2009 » PSC-09-09-00008-E The Readoption of the Emergency Rule Staying the Commission Order in Case 08-E-0838 Issued November 21, 2008
PSC-09-09-00008-E The Readoption of the Emergency Rule Staying the Commission Order in Case 08-E-0838 Issued November 21, 2008
7/29/09 N.Y. St. Reg. PSC-09-09-00008-E
NEW YORK STATE REGISTER
VOLUME XXXI, ISSUE 30
July 29, 2009
RULE MAKING ACTIVITIES
PUBLIC SERVICE COMMISSION
EMERGENCY RULE MAKING
I.D No. PSC-09-09-00008-E
Filing Date. Jul. 10, 2009
Effective Date. Jul. 10, 2009
The Readoption of the Emergency Rule Staying the Commission Order in Case 08-E-0838 Issued November 21, 2008
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
On July 10, 2009, the Public Service Commission readopted the emergency rule staying its Order approving the submetering of electricity at Eastwood Apartments, 510-580 Main Street, Roosevelt Island, New York.
Statutory authority:
Public Service Law, sections 22, 23, 30, 32, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 46, 48, 51, 53, 65 and 66
Finding of necessity for emergency rule:
Preservation of public health, public safety and general welfare.
Specific reasons underlying the finding of necessity:
Compliance with the State Administrative Procedure Act is not possible because to do so could be detrimental to the health, safety and general welfare of tenants who are low income are elderly and/or are disabled. The petition for rehearing states that Eastwood Apartments contains a large number of low-income Section 8 tenants, individuals with disabilities and the elderly. It asserts that tenants of Eastwood Apartments are at serious risk for imminent harm. These allegations suggest that the Submetering Plan, as North Town Roosevelt, LLC apparently intends to implement, may jeopardize the tenants’ health and safety where unpaid electric charges could be used to allege the non-payment of rent, and, as a result threaten the tenant with eviction. In light of the allegations, there is concern regarding the potential for imminent harm to the tenants of Eastwood Apartments and the potential violation(s) of Home Energy Fair Practices Act if action is not taken on an emergency basis pursuant to the State Administrative Procedure Act.
Subject:
The readoption of the emergency rule staying the Commission Order in Case 08-E-0838 issued November 21, 2008.
Purpose:
The readoption of the emergency rule staying the Commission Order in Case 08-E-0838 issued November 21, 2008.
Substance of emergency rule:
On February 12, 2009, the Public Service Commission (Commission) adopted an emergency rule staying its Order approving the submetering of electricity at Eastwood Apartments, 510-580 Main Street, Roosevelt Island, New York, located in the service territory of Consolidated Edison Company of New York, Inc. On July 10, 2009 the Commission readopted for the second time the emergency rule staying its Order approving the submetering of electricity for an additional 60 days to allow Department of Public Service staff time to continue its investigation.
This notice is intended
to serve only as a notice of emergency adoption. This agency intends to adopt the provisions of this emergency rule as a permanent rule, having previously submitted to the Department of State a notice of proposed rule making, I.D. No. PSC-09-09-00008-EP, Issue of March 4, 2009. The emergency rule will expire September 7, 2009
Text of rule may be obtained from:
Leann Ayer, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486-2655, email: leann_ayer@dps.state.ny.us An IRS employer ID no. or social security no. is required from firms or persons to be billed 25 cents per page. Please use tracking number found on last line of notice in requests.
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 rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act.
Assessment of Public Comment
An assessment of public comment is not submitted with this notice because the rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act.
