PSC-36-16-00005-P Disposition of Tax Refunds Received by New York American Water Company, Inc.

9/7/16 N.Y. St. Reg. PSC-36-16-00005-P

NEW YORK STATE REGISTER

VOLUME XXXVIII, ISSUE 36

September 07, 2016

RULE MAKING ACTIVITIES

PUBLIC SERVICE COMMISSION

PROPOSED RULE MAKING

HEARING(S) SCHEDULED

 

I.D No. PSC-36-16-00005-P

Disposition of Tax Refunds Received by New York American Water Company, Inc.

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 the petition of New York American Water Company, Inc. that proposes the disposition of a tax refund.

Statutory authority:

Public Service Law, section 113(2)

Subject:

Disposition of tax refunds received by New York American Water Company, Inc.

Purpose:

To determine the disposition of tax refunds and other related matters.

Public hearing(s) will be held at:

10:30 a.m., Oct. 25, 2016 and continuing daily as needed*, at Department of Public Service, Three Empire State Plaza, 3rd Fl. Hearing Rm., Albany, NY.

*On occasion there are requests to reschedule or postpone evidentiary hearing dates. If such a request is granted, notification of any subsequent scheduling changes will be available at the DPS website (www.dps.ny.gov) under Case 16-W-0384.

Interpreter Service:

Interpreter services will be made available to hearing impaired persons, at no charge, upon written request submitted within reasonable time prior to the scheduled public hearing. The written request must be addressed to the agency representative designated in the paragraph below.

Accessibility:

All public hearings have been scheduled at places reasonably accessible to persons with a mobility impairment.

Substance of proposed rule:

The Public Service Commission is considering a petition by New York American Water Company, Inc. (NYAW) to implement its proposed disposition of a tax refund received from the Town of Oyster Bay, the Syosset Sanitation District and the Glenwood Garbage District. NYAW received a tax refund in the amount of $984,058.71. NYAW proposes that certain costs related to these tax challenges be deducted and that its shareholders retain a percentage of the net amount as reward for its efforts in obtaining the refund. The remainder of the refund is proposed to be returned to ratepayers in a manner to be determined. The Commission may adopt, reject or modify, in whole or in part, the relief proposed and may resolve related matters.

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:

Five days after the last scheduled public hearing.

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-W-0384SP1)