PSC-32-13-00003-EP Allowing for an Emergency Economic Development Program to Assist in the Restoration of Utility Service to Storm Damaged Property

8/7/13 N.Y. St. Reg. PSC-32-13-00003-EP

NEW YORK STATE REGISTER

VOLUME XXXV, ISSUE 32

August 07, 2013

RULE MAKING ACTIVITIES

PUBLIC SERVICE COMMISSION

EMERGENCY/PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. PSC-32-13-00003-EP

Filing Date. Jul. 19, 2013

Effective Date. Jul. 19, 2013

Allowing for an Emergency Economic Development Program to Assist in the Restoration of Utility Service to Storm Damaged Property

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

Proposed Action:

The PSC adopted an order allowing Niagara Mohawk Power Corporation d/b/a National Grid to implement an Emergency Economic Development Program to assist service restoration efforts to damaged areas in the Company’s service territory caused by severe flooding from recent rainstorms.

Statutory authority:

Public Service Law, sections 5, 65 and 66

Finding of necessity for emergency rule:

Preservation of public health, public safety and general welfare.

Specific reasons underlying the finding of necessity:

This action is taken on an emergency basis pursuant to State Administrative Procedure Act (SAPA) § 202(6). Failure to grant the requested relief on an emergency basis could result in the prolonged interruption of utility service to certain customers who own property damaged by severe recent flooding from recent storms. Such results would adversely impact the public safety, health and general welfare of the citizens of New York. As a result, compliance with the advance notice and comment requirements of SAPA § 202(1) would be contrary to the public interest, and an immediate waiver of certain requirements of 16 NYCRR § 255.604 is necessary for the preservation of the public health, safety and general welfare.

Subject:

Allowing for an Emergency Economic Development Program to assist in the restoration of utility service to storm damaged property.

Purpose:

The Program will allow timely restoration of utility service to customers whose property was damaged by recent storm flooding.

Substance of emergency/proposed rule (Full text is posted at the following State website:www.dps.ny.gov):

The Public Service Commission adopted an order allowing Niagara Mohawk Power Corporation d/b/a National Grid (NMPC) to implement an Emergency Economic Development Program permitting the Company to provide up to $2 million in total in economic aid through grants of up to $50,000 per qualified customer to the Company’s customers who have been impacted by severe flooding from recent storms to the extent necessary to position the customer’s property to take service from National Grid. NMPC is to fund the program from its existing allowance as contained in a recent Joint Proposal that was adopted by a Commission Order in March 2013. Program funds are available to be used by non-residential customers for restoration of utility service efforts.

This notice is intended:

to serve as both a notice of emergency adoption and a notice of proposed rule making. The emergency rule will expire October 16, 2013.

Text of rule may be obtained from:

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:

Jeffrey Cohen, Acting 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 amended rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act.