Home » 2009 Issues » September 23, 2009 » PSC-09-09-00009-E The Readoption of the Emergency Rule Staying the Commission Order in Case 08-E-0836 Issued November 24, 2008
PSC-09-09-00009-E The Readoption of the Emergency Rule Staying the Commission Order in Case 08-E-0836 Issued November 24, 2008
9/23/09 N.Y. St. Reg. PSC-09-09-00009-E
NEW YORK STATE REGISTER
VOLUME XXXI, ISSUE 38
September 23, 2009
RULE MAKING ACTIVITIES
PUBLIC SERVICE COMMISSION
EMERGENCY RULE MAKING
I.D No. PSC-09-09-00009-E
Filing Date. Sept. 03, 2009
Effective Date. Sept. 03, 2009
The Readoption of the Emergency Rule Staying the Commission Order in Case 08-E-0836 Issued November 24, 2008
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
On September 3, 2009, the Public Service Commission readopted the emergency rule staying its Order approving the submetering of electricity at Schomburg Plaza, 1295 Fifth Avenue, 1309 Fifth Ave. and 1660 Madison Ave., New York, New York.
Statutory authority:
Public Service Law, sections 22, 23, 30, 32, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 46, 48, 51, 53, 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:
Compliance with the State Administrative Procedure Act is not possible because to do so could be detrimental to the health, safety and general welfare of tenants who are low income are elderly and/or are disabled. The petition for rehearing states that Schomburg Plaza contains a large number of low-income Section 8 tenants, individuals with disabilities and the elderly. It asserts that tenants of Schomburg Plaza are at serious risk for imminent harm. These allegations suggest that the Submetering Plan, as Frawley Plaza, LLC apparently intends to implement, may jeopardize the tenants’ health and safety where unpaid electric charges could be used to allege the non-payment of rent, and, as a result threaten the tenant with eviction. In light of the allegations, there is concern regarding the potential for imminent harm to the tenants of Schomburg Plaza and the potential violation(s) of Home Energy Fair Practices Act if action is not taken on an emergency basis pursuant to the State Administrative Procedure Act.
Subject:
The readoption of the emergency rule staying the Commission Order in Case 08-E-0836 issued November 24, 2008.
Purpose:
The readoption of the emergency rule staying the Commission Order in Case 08-E-0836 issued November 24, 2008.
Substance of emergency rule:
On February 12, 2009, the Public Service Commission (Commission) adopted an emergency rule staying its Order approving the submetering of electricity at Schomburg Plaza, 1295 Fifth Avenue, 1309 Fifth Avenue and 1660 Madison Avenue, New York, New York., located in the service territory of Consolidated Edison Company of New York, Inc. On September 3, 2009, the Commission readopted for the third time the emergency rule staying its Order approving the submetering of electricity for an additional 60 days to allow Department of Public Service staff time to continue its investigation.
This notice is intended
to serve only as a notice of emergency adoption. This agency intends to adopt the provisions of this emergency rule as a permanent rule, having previously submitted to the Department of State a notice of proposed rule making, I.D. No. PSC-09-09-00009-EP, Issue of March 4, 2009. The emergency rule will expire November 1, 2009.
Text of rule may be obtained from:
Leann Ayer, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486-2655, email: leann_ayer@dps.state.ny.us An IRS employer ID no. or social security no. is required from firms or persons to be billed 25 cents per page. Please use tracking number found on last line of notice in requests.
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 rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act.
Assessment of Public Comment
An assessment of public comment is not submitted with this notice because the rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act.
