S T A T E O F N E W Y O R K
________________________________________________________________________
3667
2009-2010 Regular Sessions
I N S E N A T E
March 27, 2009
___________
Introduced by Sens. FLANAGAN, LARKIN, RANZENHOFER -- read twice and
ordered printed, and when printed to be committed to the Committee on
Energy and Telecommunications
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.
LBD06720-01-9
S. 3667 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.