7/6/11 N.Y. St. Reg. PSC-27-11-00003-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
To review and evaluate on a statewide, generic basis, policies concerning the treatment of the State's regulated utilities' Site Investigation and Remediation (SIR) costs.
Statutory authority:
Public Service Law, sections 65, 66 and 5(2)
Subject:
Ensure that investigation and remediation of manufactured gas plants and similar utility sites are equitable and cost-effective.
Purpose:
Examine funding mechanisms for utility Site Investigation and Remediation and adoption of statewide policy concerning expenses.
Substance of proposed rule:
The Commission instituted a proceeding - Case 11-M-0034 - to conduct a comprehensive examination of the manufactured gas plant and other site investigation and remediation (SIR) undertaken by New York's investor-owned utilities. The objective of the proceeding is to ensure that remediation efforts are done in a reasonable and cost-effective manner.
The majority of these SIR expenses arise from obsolete manufactured gas plants, where utilities have been identified as potentially responsible parties pursuant to consent orders of the United States Environmental Protection Agency or the New York State Department of Environmental Conservation. Utilities have been asked to assist in developing the record by providing information on the current and future scope of the utility SIR program in the state; the current cost controls utilized by the utilities, and opportunities to improve such controls; the appropriate allocation of costs; and methods to recover costs determined to be appropriately borne by ratepayers while minimizing their impact.
Based on this examination, the Commission will, as necessary, address the policy concerning funding mechanisms to be used to support utility site investigation and remediation expenditures to ensure they are equitable, reasonable, and cost-effective.
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.
