NY State Senate Bill 2011-S4696

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to energy and telecommunications
Apr 14, 2011	referred to energy and telecommunications

co-Sponsors

2011-S4696 (ACTIVE) - Details

See Assembly Version of this Bill:: A6563
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §5, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3667, A4472
2013-2014: A3189

2011-S4696 (ACTIVE) - Summary

Clarifies the time in which the public service commission must act upon certain petitions.

2011-S4696 (ACTIVE) - Sponsor Memo

2011-S4696 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4696

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 14, 2011
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations

AN  ACT  to  amend the public service law, in relation to clarifying the
  mandatory time within which the public  service  commission  must  act
  upon petitions submitted by regulated entities and the citizenry

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 5 of the public service law is  amended  by  adding
two new subdivisions 7 and 8 to read as follows:
  7.  A.  THE  COMMISSION  SHALL  TAKE  FORMAL ACTION UPON ALL PETITIONS
RECEIVED BY IT WITHIN NINETY DAYS OF THE DATE OF FILING  OF  SUCH  PETI-
TION.
  B.  WITHIN  NINETY  DAYS OF THE EFFECTIVE DATE OF THIS SUBDIVISION THE
COMMISSION SHALL TAKE FORMAL ACTION UPON ALL PETITIONS PENDING BEFORE IT
FOR WHICH THERE IS NO STATUTE OF LIMITATIONS OR OTHER STATUTORY TIMELINE
WITHIN WHICH ACTION MUST TAKE PLACE. IF, HOWEVER, THE COMMISSION  DETER-
MINES THAT TAKING FORMAL ACTION TO DETERMINE SOME OR ALL OF SUCH PENDING
PETITIONS  WOULD NOT BE IN THE PUBLIC INTEREST, THE COMMISSION MAY ISSUE
A REPORT DETAILING THE FACTS AND CIRCUMSTANCES UPON WHICH IT BASED  SUCH
DECISION, TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF
THE  ASSEMBLY,  MINORITY LEADERS OF THE SENATE AND ASSEMBLY, CHAIRPERSON
AND RANKING MINORITY MEMBER OF THE SENATE ENERGY AND  TELECOMMUNICATIONS
COMMITTEE, AND THE CHAIRPERSON AND RANKING MINORITY MEMBER OF THE ASSEM-
BLY CORPORATIONS, AUTHORITIES AND COMMISSIONS COMMITTEE.
  C.  FOR THE PURPOSES OF THIS SECTION, THE TERM "PETITION" SHALL MEAN A
FORMAL WRITTEN REQUEST ADDRESSED TO THE COMMISSION, OR TO ITS DELEGATES,
OR TO ANY SUCCESSOR IN FUNCTION, STATING  THE  FACTS  AND  CIRCUMSTANCES
RELIED UPON AS A CAUSE FOR ACTION BY THE COMMISSION.  A "PETITION" SHALL
NOT  INCLUDE  A  PRUDENCY PETITION DEFINED IN PARAGRAPH C OF SUBDIVISION
EIGHT OF THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09611-01-1

S. 4696                             2

  8. A. THE COMMISSION  SHALL  TAKE  FORMAL  ACTION  UPON  ALL  PRUDENCY
PETITIONS  RECEIVED  BY  IT  WITHIN THIRTY DAYS OF THE DATE OF FILING OF
SUCH PETITION.
  B.  WITHIN  THIRTY  DAYS OF THE EFFECTIVE DATE OF THIS SUBDIVISION THE
COMMISSION SHALL TAKE FORMAL ACTION UPON ALL PRUDENCY PETITIONS  PENDING
BEFORE IT.
  C.  FOR  THE  PURPOSES  OF THIS SECTION, THE TERM "PRUDENCY PETITION",
SHALL MEAN ANY PETITION REQUESTING THE COMMISSION COMMENCE  AN  INVESTI-
GATION INTO ANY ENTITY THAT THE COMMISSION REGULATES THAT ALLEGES IMPRU-
DENT  BEHAVIOR  WITH  RESPECT  TO  THE OPERATION AND MAINTENANCE OF SUCH
ENTITY, OR THE EMERGENCY PLANNING  AND  RESPONSE  OF  THAT  ENTITY  THAT
RESULTS, WILL RESULT, OR HAS THE POTENTIAL TO RESULT, IN INCREASED COSTS
OR RATES TO RATEPAYERS.
  S  2. Severability. If any provision of this act or its application to
any person or circumstance is held invalid,  this  invalidity  does  not
affect  other  provisions  or applications of this act that can be given
effect without the invalid provision or application, and to this end the
provisions of this act are declared to be severable.
  S 3. This act shall take effect immediately.

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Senate Bill S4696

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