PSC-35-16-00014-P Proposed Acquisition of 100% of the Assets of Hoey-DeGraw by NYAW and to Address Other Matters Related to the Acquisition

8/31/16 N.Y. St. Reg. PSC-35-16-00014-P

NEW YORK STATE REGISTER

VOLUME XXXVIII, ISSUE 35

August 31, 2016

RULE MAKING ACTIVITIES

PUBLIC SERVICE COMMISSION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. PSC-35-16-00014-P

Proposed Acquisition of 100% of the Assets of Hoey-DeGraw by NYAW and to Address Other Matters Related to the Acquisition

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

The Public Service Commission is considering a Joint Petition filed by New York American Water Company Inc. (NYAW) and Hoey-DeGraw Water Works Inc. (Hoey-DeGraw) for the purchase of all assets of Hoey-DeGraw by NYAW and other related matters.

Statutory authority:

Public Service Law, sections 4(1), 5(1), 89-c(1), (10) and 89-h(1)

Subject:

Proposed acquisition of 100% of the assets of Hoey-DeGraw by NYAW and to address other matters related to the acquisition.

Purpose:

To consider the proposed acquisition of 100% of assets of Hoey-DeGraw by NYAW and other matters related to the acquisition.

Substance of proposed rule:

The Public Service Commission is considering a joint petition filed on August 11, 2016 by Hoey-DeGraw Water Works Inc. (Hoey-DeGraw) and New York American Water Company Inc. (NYAW) for approval of an Agreement of Sale under which Hoey-DeGraw will sell and NYAW will purchase 100% of the water supply assets of Hoey-DeGraw. Hoey-DeGraw provides flat rate water service to 18 customers in the Town of Forestburgh, Sullivan County, New York. NYAW proposes, upon close of the transaction, the installation of meters at each connection which would be funded by the capital budget of NYAW. NYAW also proposes transitioning the customers of Hoey-DeGraw to the Lynbrook District Tariff and monthly billing in arrears. NYAW also requests the authority to maintain the books and records of Hoey-DeGraw outside of New York State, seeks recovery of certain costs related to the acquisition, and requests waiver of certain requirements of 16 NYCRR § 31.1 related to information required to be provided in the petition. The Commission may adopt, reject, or modify, in whole or in part, the joint petition 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, [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.

(16-W-0432SP1)