8/5/15 N.Y. St. Reg. PSC-31-15-00011-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 whether to grant, deny or modify, in whole or in part, the relief requested in the Petition for Clarification of Orange and Rockland Utilities, Inc., which seeks revision of a Commission Order issued in Case 14-G-0212.
Statutory authority:
Public Service Law, sections 65 and 66
Subject:
Clarification and revision of local distribution company inspection and remediation plans for plastic fusions.
Purpose:
To grant, deny or modify, in whole or in part, the request in Orange & Rockland Utilities, Inc.'s Petition for Clarification.
Substance of proposed rule:
The Public Service Commission is considering whether to grant, deny or modify, in whole or in part, the relief requested in a Petition for Clarification submitted by Orange and Rockland Utilities, Inc. (the “Petitioner” or “O&R”), dated May 29, 2015. The Petitioner seeks clarification and revision of Ordering Clause 5 in the Commission’s Order Requiring Local Distribution Companies to Follow and Complete Remediation Plans as Modified in this Order and to Implement New Inspection Protocols, which was issued May 15, 2015. Ordering Clause 5 requires several local distribution companies, including O&R, to destructively test a minimum of one in-service plastic fusion performed by each person while that person was not properly qualified in accordance with Part 255 requirements as part of their risk and remediation plans. The Petitioner notes that it has no records of who performed the plastic fuses that may have been performed by non-qualified personnel. The Petitioner therefore requests clarification that Ordering Clause 5 does not apply to O&R and requests that O&R’s sampling obligations be limited to those identified in O&R’s Remediation Plan. The Commission may grant, deny or modify, in whole or in part, the relief requested in the Petition for Clarification.
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:
Elaine Agresta, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486-2660, email:
elaine.agresta@dps.ny.govData, views or arguments may be submitted to:
Kathleen H. Burgess, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 474-6530, email:
secretary@dps.ny.govPublic 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.