senate Bill S4504A

Amended

Requires the public service commission to conduct annual hearings regarding certain electric corporations

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Apr / 2013
    • REFERRED TO ENERGY AND TELECOMMUNICATIONS
  • 30 / May / 2013
    • AMEND (T) AND RECOMMIT TO ENERGY AND TELECOMMUNICATIONS
  • 30 / May / 2013
    • PRINT NUMBER 4504A
  • 06 / Jun / 2013
    • AMEND (T) AND RECOMMIT TO ENERGY AND TELECOMMUNICATIONS
  • 06 / Jun / 2013
    • PRINT NUMBER 4504B
  • 08 / Jan / 2014
    • REFERRED TO ENERGY AND TELECOMMUNICATIONS
  • 27 / Jan / 2014
    • RECOMMIT, ENACTING CLAUSE STRICKEN

Summary

Requires the commission to conduct annual hearings regarding certain electric corporations; specifies that such hearings are to occur within the county where such corporations operate and are to alternate between counties where such corporations operate in multiple counties.

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Bill Details

Versions:
S4504
S4504A
S4504B
Legislative Cycle:
2013-2014
Current Committee:
Senate Energy And Telecommunications
Law Section:
Public Service Law
Laws Affected:
Add §66-n, Pub Serv L

Sponsor Memo

BILL NUMBER:S4504A

TITLE OF BILL: An act to amend the public service law, in relation to
requiring the commission to conduct annual hearings regarding certain
electric corporations

PURPOSE OR GENERAL IDEA OF BILL:

To require the Public Service Commission to hold public hearings in
designated areas throughout New York State outside Albany, ensuring
opportunities for public comment.

SUMMARY OF SPECIFIC PROVISIONS:

Amends the public service law by adding a new section 66-n.

Section 1 provides that the commission shall conduct regular public
hearings, at least once a year, in designated counties throughout New
York State, based on the service area of the utility companies.

Section 2 requires the commission to notify the public and elected
officials of the hearing.

Section 3 (a) of § 66-n provides that the chairman or chairwoman,
along with a majority of the commission members, shall be present at
each hearing. Residential and commercial customers will be invited to
offer public comment on topics including, but not limited to, quality
of service, impact of any commission decisions in the previous year
regarding rates or service, administration of energy efficiency
programs and services, communication between the company and customers
in arrears on utility charges, service restoration performance and
communication during outages.

Section 3 (b) requires the commission to publish a report on the
electric corporation and its service territory thirty days prior to
the hearing.

Section 2 of the bill sets out the effective date.

JUSTIFICATION:

Recent storms and resulting service disruptions have exposed
weaknesses in current law regarding the public accountability of the
Public Service Commission. Specifically, the PSC has not been required
to hear comments of residential and commercial ratepayers outside of
the formal hearing process in Albany. It is critical that members of
the PSC, as regulators of the public utilities in New York State, hear
firsthand from those dependent upon utilities for energy service. This
bill will require members of the PSC to hold regular regional hearings
to get input and comment.

PRIOR LEGISLATIVE HISTORY:

None

FISCAL IMPLICATIONS:


To Be Determined (Fiscal Note Required)

LOCAL FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

January 1, 2014

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

                                 4504--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 5, 2013
                               ___________

Introduced  by  Sen. LATIMER -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the public service law, in  relation  to  requiring  the
  commission  to  conduct  annual  hearings  regarding  certain electric
  corporations

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

  Section  1.  The public service law is amended by adding a new section
66-n to read as follows:
  S 66-N. HEARINGS. 1. THE COMMISSION,  NOT  LESS  THAN  ONCE  ANNUALLY,
AFTER  THE RECEIPT OF THE ANNUAL REPORT PROVIDED PURSUANT TO SUBDIVISION
SIX OF SECTION SIXTY-SIX OF THIS ARTICLE, SHALL PROMPTLY FIX A DATE  FOR
THE  COMMENCEMENT  OF  PUBLIC  HEARINGS  THEREON AND SAID PUBLIC HEARING
SHALL BE SCHEDULED AND CONDUCTED NOT LESS THAN FORTY-FIVE DAYS NOR  MORE
THAN  ONE  HUNDRED  EIGHTY  DAYS  OF  RECEIPT OF SAID ANNUAL REPORT. THE
COMMISSION SHALL CONDUCT PUBLIC  HEARINGS  IN  THE  FOLLOWING  LOCATIONS
WITHIN  THE FOLLOWING ELECTRIC CORPORATIONS' RESPECTIVE SERVICE TERRITO-
RIES:
  (A) CONSOLIDATED EDISON OR ANY SUCCESSOR CORPORATION: CITY OF NEW YORK
AND WESTCHESTER COUNTY. THE COMMISSION SHALL CONDUCT AT LEAST ONE  HEAR-
ING  ANNUALLY  IN THE CITY OF NEW YORK AND AT LEAST ONE HEARING ANNUALLY
IN WESTCHESTER COUNTY. THE HEARINGS HELD IN THE CITY OF NEW  YORK  SHALL
ALTERNATE  COUNTIES  SO  THAT AT LEAST ONE HEARING SHALL BE HELD IN EACH
COUNTY EVERY FIVE YEARS.
  (B) ORANGE  AND  ROCKLAND  UTILITIES  OR  ANY  SUCCESSOR  CORPORATION:
ORANGE COUNTY AND ROCKLAND COUNTY. THE COMMISSION SHALL CONDUCT AT LEAST
ONE  HEARING  ANNUALLY  IN  ONE  OF THE COUNTIES AND SHALL NOT CONDUCT A
HEARING IN THE SAME COUNTY AS THE PREVIOUS  YEAR'S  HEARING  HELD  UNDER
THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09546-05-3

S. 4504--A                          2

  (C)  CENTRAL  HUDSON  GAS  AND  ELECTRIC OR ANY SUCCESSOR CORPORATION:
ULSTER COUNTY AND DUTCHESS COUNTY  OR  ANY  SUCCESSOR  CORPORATION.  THE
COMMISSION  SHALL  CONDUCT  AT  LEAST ONE HEARING ANNUALLY IN ONE OF THE
COUNTIES AND SHALL NOT CONDUCT A HEARING  IN  THE  SAME  COUNTY  AS  THE
PREVIOUS YEAR'S HEARING HELD UNDER THIS SECTION.
  (D)  NIAGARA  MOHAWK D/B/A NATIONAL GRID OR ANY SUCCESSOR CORPORATION:
ALBANY COUNTY, ONONDAGA COUNTY AND ERIE  COUNTY.  THE  COMMISSION  SHALL
CONDUCT  AT  LEAST ONE HEARING ANNUALLY IN ONE OF THE COUNTIES AND SHALL
NOT CONDUCT A HEARING IN THE SAME COUNTY AS THE PREVIOUS YEAR'S  HEARING
HELD UNDER THIS SECTION.
  (E)  NEW  YORK  STATE  ELECTRIC  AND GAS OR ANY SUCCESSOR CORPORATION:
BROOME COUNTY AND PUTNAM COUNTY. THE COMMISSION SHALL CONDUCT  AT  LEAST
ONE  HEARING  ANNUALLY  IN  ONE  OF THE COUNTIES AND SHALL NOT CONDUCT A
HEARING IN THE SAME COUNTY AS THE PREVIOUS  YEAR'S  HEARING  HELD  UNDER
THIS SECTION.
  (F)  ROCHESTER  GAS  AND ELECTRIC OR ANY SUCCESSOR CORPORATION: MONROE
COUNTY.
  2.  FOR  THE  PURPOSES  OF  PROVIDING  NOTICE  AND  SOLICITING  PUBLIC
COMMENTS,  AT LEAST THIRTY DAYS PRIOR TO THE PUBLIC HEARINGS REQUIRED IN
SUBDIVISION ONE OF THIS SECTION, THE COMMISSION SHALL PROVIDE NOTICE  OR
ELECTRONIC  NOTICE:  (A) TO EACH COUNTY AND CITY SERVED BY SAID ELECTRIC
CORPORATION; (B) TO THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT
OF THE SENATE, EACH MEMBER OF THE STATE  LEGISLATURE  WHERE  SERVICE  IS
PROVIDED  IN  SUCH  MEMBER'S  LEGISLATIVE  DISTRICT;  (C) TO THE UTILITY
INTERVENTION UNIT OF THE DEPARTMENT OF STATE; (D) BY PUBLICATION ONCE IN
EACH WEEK FOR FOUR SUCCESSIVE WEEKS IN A NEWSPAPER AND ON THE  WEB  SITE
OF  A NEWSPAPER THAT HAS GENERAL CIRCULATION IN THE SERVICE TERRITORY OF
SAID ELECTRIC CORPORATION; AND (E) BY PUBLICATION  ON  THE  COMMISSION'S
WEB SITE.
  3. (A) THE CHAIRMAN OR CHAIRWOMAN AND A MAJORITY OF THE DULY APPOINTED
COMMISSIONERS  SHALL  BE PRESENT AT THE HEARINGS REQUIRED BY SUBDIVISION
ONE OF THIS SECTION AND SHALL SOLICIT PUBLIC  COMMENT  FROM  RESIDENTIAL
AND  COMMERCIAL  CUSTOMERS  REGARDING AN ELECTRIC CORPORATION'S PERFORM-
ANCE, INCLUDING BUT NOT LIMITED TO:
  (1) THE QUALITY OF ELECTRIC SERVICE;
  (2) THE IMPACT OF  ANY  COMMISSION  DECISIONS  IN  THE  PREVIOUS  YEAR
REGARDING RATES FOR SERVICE OR OTHER DECISIONS AFFECTING SERVICE;
  (3)  THE  ADMINISTRATION OF ENERGY EFFICIENCY PROGRAMS AND SERVICES BY
THE UTILITY;
  (4) COMMUNICATION PROTOCOLS BETWEEN A COMPANY AND CUSTOMERS IN ARREARS
ON UTILITY CHARGES REGARDING THE POTENTIAL FOR TERMINATION OF SERVICE;
  (5) SERVICE RESTORATION PERFORMANCE AND CUSTOMER COMMUNICATION  DURING
ANY OUTAGES OCCURRING IN THE PREVIOUS YEAR; AND
  (6)  ANY  ADDITIONAL TOPICS OR INFORMATION THE COMMISSION DEEMS NECES-
SARY.
  (B) NOT LESS THAN THIRTY DAYS PRIOR TO  A  PUBLIC  HEARING  UNDERTAKEN
PURSUANT  TO THIS SECTION THE COMMISSION SHALL CREATE AND PUBLISH ON ITS
WEB SITE A REPORT REGARDING THE ELECTRIC  CORPORATION  AND  ITS  SERVICE
TERRITORY THAT IS THE SUBJECT OF SUCH HEARING, WHICH PROVIDES, IN DETAIL
FOR THE PREVIOUS YEAR, INFORMATION INCLUDING BUT NOT LIMITED TO:
  (1)  ANY  COMMISSION  ORDERS  REGARDING  RATES AND ALL OTHER DECISIONS
DETERMINED RELEVANT BY THE COMMISSION;
  (2) A LIST OF ALL ENERGY EFFICIENCY PROGRAMS AND THE NUMBER OF CUSTOM-
ERS UTILIZING SAID PROGRAMS;

S. 4504--A                          3

  (3) THE NUMBER OF CUSTOMERS WHO HAVE FALLEN INTO ARREARS OVER THE LAST
YEAR AND THE NUMBER OF CUSTOMERS  WHOSE  SERVICE  WAS  SUSPENDED  AND/OR
TERMINATED DUE TO ARREARS;
  (4) THE NUMBER OF WIDESPREAD OUTAGES THAT HAVE OCCURRED IN THE SERVICE
TERRITORY  OF  THE  ELECTRIC  CORPORATION  DUE TO STORMS OR OTHER CAUSES
BEYOND THE CONTROL OF THE ELECTRIC CORPORATION IN  THE  LAST  YEAR,  THE
NUMBER OF CUSTOMERS AFFECTED BY EACH OUTAGE, THE DURATION OF EACH OUTAGE
AND THE CAUSE OF EACH OUTAGE; AND
  (5) ANY OTHER INFORMATION THE COMMISSION DETERMINES IS RELEVANT TO THE
SERVICE TERRITORY.
  (C)  THE  COMMISSION  SHALL  ALSO  PUBLISH THE ANNUAL REPORT SUBMITTED
PURSUANT TO SUBDIVISION SIX OF SECTION SIXTY-SIX OF THIS ARTICLE BY  THE
RESPECTIVE ELECTRIC CORPORATION ON THE COMMISSION'S WEB SITE.
  S 2. This act shall take effect January 1, 2014.

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