8/27/08 N.Y. St. Reg. PSC-35-08-00018-P
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 a proposal filed by The Brooklyn Union Gas Company d/b/a KeySpan Energy Delivery New York to establish customer size limitations for Non-Residential and Multiple Dwelling Services and revise Interruptible Penalty Provisions.
Statutory authority:
Public Service Law, section 66(12)
Subject:
Customer size limitations for Non-Residential and Multiple Dwelling Services and Interruptible Penalty Provisions.
Purpose:
To establish size limitations for Non-Residential and Multiple Dwelling Services and revise Interruptible Penalty Provisions.
Substance of proposed rule:
The Commission is considering The Brooklyn Union Gas Company d/b/a KeySpan Energy Delivery New York's (Brooklyn Union or the Company) proposal to eliminate the "two-strike" rule from the Company's non-firm service classes, SC No. 5—Interruptible, SC No. 6—Temperature Controlled, which requires customers to convert to firm service if they fail twice to switch to their alternate fuel when required by the Company during the winter period. The company will impose financial penalties to customers who consume gas in violation of their service classification which will be priced at the higher of (1) two times the sum of the daily market price of natural gas plus the underlying transportation rate, (2) nine times the applicable sales rate, or (3) two times the equivalent daily market oil price.
Brooklyn Union's proposal also includes a modification to the Special Provision in its SC 2 - Firm General and SC 3—Multiple Dwelling to establish a maximum size limitation for new gas service under these classes of 2,500,000 Btu per hour. Exemptions from this size limitation will be granted by Brooklyn Union to the extent it receives a contribution payment for required service laterals and/or for system reinforcement or to maintain system operational integrity.
The Commission may approve, reject or modify, in whole or in part Brooklyn Union's request.
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.us.
Data, 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:
jaclyn_brilling@dps.state.ny.us.
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.
