PSC-32-14-00010-P Petition for Rehearing and/or Clarification of the Order Establishing Rates, Issued in Case 13-W-0295

8/13/14 N.Y. St. Reg. PSC-32-14-00010-P

NEW YORK STATE REGISTER

VOLUME XXXVI, ISSUE 32

August 13, 2014

RULE MAKING ACTIVITIES

PUBLIC SERVICE COMMISSION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. PSC-32-14-00010-P

Petition for Rehearing and/or Clarification of the Order Establishing Rates, Issued in Case 13-W-0295

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 whether to grant or reject, in whole or in part, a petition filed by the Municipal Consortium seeking rehearing and/or clarification of the Commission's order issued in Case 13-W-0295 on June 26, 2014.

Statutory authority:

Public Service Law, sections 4, 22 and 89-c

Subject:

Petition for rehearing and/or clarification of the Order Establishing Rates, issued in Case 13-W-0295.

Purpose:

To consider the petition for rehearing and/or clarification filed by the Municipal Consortium.

Substance of proposed rule:

The Public Service Commission is considering the request of the Municipal Consortium (MC) for rehearing and/or clarification of the Commission’s Order Establishing Rates for United Water New York, Inc. (UWNY), issued June 26, 2014. MC alleges the Commission committed errors of law or fact (16 NYCRR 3.7) in 1) granting UWNY a rate increase while acknowledging the company is not efficiently and economically managed; 2) not making 50% of the revenue requirement related to management & services company (M&S) fees temporary and subject to refund; 3) failing to adopt a financial incentive to reduce UWNY’s non-revenue water level; 4) failing to institute a prudence investigation related to UWNY’s failure to seek an economic obsolescence reduction to property taxes; and 5) recognizing the rate effect of a revised inter- company agreement relating to the allotment of water from the Lake Deforest reservoir between UWNY and its New Jersey affiliate, United Water New Jersey Inc. MC asserts that the Commission’s order should be clarified regarding the scope of the management and M&S audits, UWNY communication plans and conservation rate design provisions. The Commission may accept, reject or modify MC’s proposal in whole or part, or take other action in response to other parties’ filings in response to the MC petition.

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:

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

Data, views or arguments may be submitted to:

Kathleen H. Burgess, 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, 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.

(13-W-0295SP3)