PSC-36-16-00003-P Petition Regarding the Commission's July 14, 2016 Order Denying Petition

9/7/16 N.Y. St. Reg. PSC-36-16-00003-P

NEW YORK STATE REGISTER

VOLUME XXXVIII, ISSUE 36

September 07, 2016

RULE MAKING ACTIVITIES

PUBLIC SERVICE COMMISSION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. PSC-36-16-00003-P

Petition Regarding the Commission's July 14, 2016 Order Denying Petition

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 a Petition filed by Fastrac Markets, LLC on August 10, 2016, requesting rehearing of the Commission's July 14, 2016 Order Denying Petition.

Statutory authority:

Public Service Law, sections 2(13), 5(1)(b), 22, 65, 66 and 68(1)

Subject:

Petition regarding the Commission's July 14, 2016 Order Denying Petition.

Purpose:

To consider the terms and conditions of utility service received by Fastrac Markets, LLC.

Substance of proposed rule:

The New York State Public Service Commission (Commission) is considering an “Application for Rehearing and Renewal” (Petition), filed on August 10, 2016, by Fastrac Markets, LLC (Fastrac). Fastrac’s Petition seeks rehearing of the Commission's Order Denying Petition, issued on July 14, 2016, with respect to the following issues: (1) whether, Rochester Gas and Electric Corporation (RG&E) has an obligation to provide electric service to Fastrac, and whether Fastrac has a right to receive electric service from RG&E (2) whether the relief sought in Fastrac’s original petition fell outside the scope of the relief permitted under a declaratory ruling; (3) whether Fastrac’s Ridge Road property is located within the property boundaries of the Eastman Business Park (Park); and, (4) whether the Commission granted RED-Rochester, LLC (RED) the exclusive authority to provide utility delivery services in the Park. With respect to points (3) and (4), Fastrac claims to present new facts in support of a renewal of its original request for a declaratory ruling. Therefore, comments are also sought on whether reconsideration should be granted based on the location of Fastrac’s Ridge Road property in relation to the boundaries of the Park, and whether the Commission granted RED exclusive authority to provide utility delivery services in the Park. Upon conducting its evaluation of the Petition, the Commission may reaffirm its initial decision or adhere to it with additional rationale in denying the Petition, modify or reverse the decision in granting the Petition in whole or in part, or take other action as it deems necessary with respect to the Petition. However, the Commission will limit its review to the issues raised by the Petition.

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-E-0057SP2)