8/7/13 N.Y. St. Reg. PSC-32-13-00008-P
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 whether to grant, deny or modify, in whole or part, two petitions seeking a temporary waiver of 16 NYCRR section 96.7(a)(1) and (b).
Statutory authority:
Public Service Law, sections 4, 30-53, 65 and 66
Subject:
Petition for temporary waiver of 16 NYCRR section 96.7(a)(1) and (b).
Purpose:
To consider the request for temporary waiver of 16 NYCRR section 96.7(a)(1) and (b).
Substance of proposed rule:
The Public Service Commission is considering whether to grant, deny or modify, in whole or part the petitions filed by 1) Quadlogic Controls Corporation, AMPS/ELEMCO, Inc., Bay City Metering Company, Incorporated, Leviton Manufacturing Company, Incorporated, and E-Mon, LLC; and, 2) Quadlogic Controls Corporation, AMPS/ELEMCO, Inc., Bay City Metering Company, Incorporated, Leviton Manufacturing Company, Incorporated, E-Mon, LLC and Intech21, Inc. (collectively, the Petitioners) for a temporary waiver of 16 NYCRR § 96.7(a)(1) and § 96.7(b).
The Commission’s December 18, 2012 Order required in 16 NYCRR § 96.7(a)(1) compliance with 16 NYCRR Parts 92 and 93 for all submetering products and ancillary equipment used to monitor electric flow to submetered residents installed or replaced by January 1, 2014. The Order also applied the deadline in 16 NYCRR § 96.7(b) for submetering products to institute an annual testing program to analyze a statistically significant sample of the in-service submeters in accordance with the testing procedures and standards required in 16 NYCRR Parts 92 and 93 unless otherwise directed by the Commission.
The Petitioners are seeking temporary waivers to provide time for compliance with the meter standards and implementation of testing procedures.
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, (518) 486-2659, email:
Deborah.Swatling@dps.ny.govData, views or arguments may be submitted to:
Jeffrey C. Cohen, Acting Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 408-1978, 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.
