NY State Senate Bill 2009-S3934

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to energy and telecommunications
Apr 07, 2009	referred to energy and telecommunications

2009-S3934 (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §§66 & 92, Pub Serv L
Versions Introduced in 2011-2012 Legislative Session:: S3535

2009-S3934 (ACTIVE) - Summary

Establishes a procedure for utility public statement hearings to determine the impact on consumers of major utility rate change applications; provides for notice to consumers of such hearings; requires the public service commission to consider evidence at such hearings of the economic impact of such applications.

2009-S3934 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3934

 TITLE OF BILL :
An act to amend the public service law, in relation to establishing a
procedure for public statement hearings


 SUMMARY OF PROVISIONS :
This bill would establish a procedure for utility public statement
hearings, provide for notice to consumers of such hearings and require
the Public Service Commission to consider evidence 6f economic impact
presented at such hearings: 1. Codifies the present PSC requirement of
holding Public Statement hearings for each application by a gas
corporation, telegraph or telephone corporation for a major change in
rates, charges or rentals.  2. Requires the PSC to hold separate day
and evening hearings. 3.  Requires summary in plain and simple
language, of the major issues at public statement hearings. 4.
Requires each member of the commission attend at least one public
statement hearing in each calendar year.  5. Requires that bill
inserts be sent to customers affected by a rate increase request,
notifying them of public statement hearings.  Inserts would have been
sent in regular bills that would reach the customers before the
commencement of public statement hearings and require that such
inserts state the time and place and date of the hearings, the rate
increase request of the utility, the estimated change in the average
bill for residential and commercial customers which would result from

that rate increase, and a notice that the commission will consider
evidence of the customer impact presented at such hearings. 6.
Requires the commission to consider customer impact statements
presented at public statement hearings.

 JUSTIFICATION :
The PSC routinely schedules public statement hearings but there is no
requirement in statute or regulation for them to do so. These hearings
are a valuable opportunity for customers to comment on rate increase
proposals and should be required by law.  Separate day and evening
hearings provide an opportunity for people who work during the day to
attend the hearing at night. The requirement for summaries in plain
language would give consumers information which would be useful in
making public statements. The consumer representative on the Public
Service Commission is now the only member who attends public statement
hearings. Requiring each member of the commission to attend one public
statement hearing would sensitize the commission to the reaction of
consumers to rate increase requests. The present PSC regulations
require bill inserts to be sent to customers but there is no
requirement that these inserts reach the customer before hearings are
held. Inserts presently contain notice of hearing but do not give the
time, place and date of the hearing or contain the information
required by this bill. The improved notice provisions are intended to
give consumers adequate notice of hearings and information which will
give them an opportunity to make more informed public statements. The
spiraling costs of utility services places an increasingly heavy
burden on consumers. By requiring the PSC to consider the economic
impact of further rate increases, the utility's needs for the
requested raise would be weighed against the ability of its customers
to obtain affordable service.

 LEGISLATIVE HISTORY :
03/07/07 REFERRED TO ENERGY AND TELECOMMUNICATIONS
01/09/08 REFERRED TO ENERGY AND TELECOMMUNICATIONS

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the thirtieth day after it shall become
a law.

2009-S3934 (ACTIVE) - Bill Text download pdf

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

                                  3934

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 7, 2009
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Energy and Telecommu-
  nications

AN ACT to amend the public service law, in relation  to  establishing  a
  procedure for public statement hearings

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

  Section 1. Section 66 of the public service law is amended by adding a
new subdivision 12-d to read as follows:
  12-D. NOTWITHSTANDING THE PROVISIONS OF  SUBDIVISION  TWELVE  OF  THIS
SECTION  OR  ANY  OTHER  PROVISION  OF THIS CHAPTER TO THE CONTRARY, THE
COMMISSION SHALL HOLD PUBLIC  STATEMENT  HEARINGS  FOR  THE  PURPOSE  OF
RECEIVING  STATEMENTS  OF CUSTOMER IMPACT FOR ANY APPLICATION FILED BY A
GAS CORPORATION, ELECTRIC CORPORATION OR MUNICIPALITY FOR MAJOR  CHANGES
IN RATES, CHARGES, OR RENTALS AS SUCH CHANGES ARE DEFINED IN SUBDIVISION
TWELVE OF THIS SECTION.  SUCH PUBLIC STATEMENT HEARINGS SHALL CONFORM TO
THE FOLLOWING REQUIREMENTS:
  A.  (1)  AT  LEAST ONE DAY AND ONE EVENING HEARING SHALL BE HELD IN OR
NEAR EACH LOCALITY WHOSE CUSTOMERS WILL  BE  AFFECTED  BY  THE  PROPOSED
MAJOR  CHANGE  IN RATES. IN EACH CASE, HEARINGS SHALL BE SCHEDULED AFTER
THE ADMINISTRATIVE LAW JUDGE  HAS  ISSUED  A  RECOMMENDED  DECISION  AND
BEFORE  THE COMMISSION BEGINS DELIBERATIONS ON ITS FINAL ORDER AND OPIN-
ION.
  (2) THE COMMISSION SHALL PREPARE A BRIEF SUMMARY, IN PLAIN AND  SIMPLE
LANGUAGE  OF  THE  ADMINISTRATIVE  LAW JUDGE'S RECOMMENDED DECISION, THE
RECOMMENDED CHANGE IN RATES, AND THE AVERAGE ESTIMATED CHANGE  IN  RATES
FOR  RESIDENTIAL  CUSTOMERS.  SUCH  SUMMARIES SHALL BE MADE AVAILABLE TO
PERSONS ATTENDING PUBLIC STATEMENT HEARINGS.
  (3) A MEMBER OF THE COMMISSION SHALL PRESIDE AT EACH PUBLIC  STATEMENT
HEARING.  EACH  MEMBER OF THE COMMISSION SHALL PRESIDE OVER AT LEAST ONE
PUBLIC STATEMENT HEARING IN EACH CALENDAR YEAR.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09288-02-9

S. 3934                             2

  B. CUSTOMERS TO BE AFFECTED BY EACH PROPOSED  MAJOR  CHANGE  IN  RATES
SHALL  BE  NOTIFIED  OF  PUBLIC STATEMENT HEARINGS BY BILL INSERTS TO BE
INCLUDED WITH THE LATEST UTILITY BILLS WHICH WILL INSURE  THAT  AFFECTED
CUSTOMERS RECEIVE SUCH BILL INSERTS BEFORE PUBLIC STATEMENT HEARINGS ARE
HELD. BILL INSERTS SHALL CONTAIN CONSPICUOUS NOTICE, IN CLEAR AND UNDER-
STANDABLE FORM AND LANGUAGE OF THE FOLLOWING INFORMATION.
  (1) NOTICE OF THE TIME, PLACE AND DATE OF PUBLIC STATEMENT HEARINGS.
  (2)  A BRIEF DESCRIPTION, PREPARED BY THE COMMISSION, OF THE CHANGE IN
RATES WHICH THE UTILITY HAS REQUESTED AND, IF THEN KNOWN, THE CHANGE  IN
RATES RECOMMENDED BY THE COMMISSION'S STAFF.
  (3) A SHORT STATEMENT OF THE NATURE OF THE PUBLIC STATEMENT HEARINGS.
  (4)  NOTICE  THAT  PUBLIC  STATEMENT  HEARINGS  WILL BE HELD AFTER THE
ADMINISTRATIVE LAW JUDGE'S RECOMMENDED DECISION AND BEFORE  THE  COMMIS-
SION'S FINAL ORDER AND OPINION.
  (5) NOTICE THAT THE COMMISSION MAY MODIFY THE DECISION OF THE ADMINIS-
TRATIVE LAW JUDGE AND THAT THE COMMISSION WILL GIVE CONSIDERATION IN ITS
DECISION TO ANY STATEMENTS OF CUSTOMER IMPACT PRESENTED AT PUBLIC STATE-
MENT HEARINGS.
  (6)  THE  NAMES,  ADDRESSES  AND TELEPHONE NUMBERS OF EMPLOYEES OF THE
APPLICANT AND THE COMMISSION WHO CAN PROVIDE CUSTOMERS  WITH  ADDITIONAL
INFORMATION.
  C. IN ADDITION TO ANY CONSIDERATION OF CUSTOMER IMPACT BY THE ADMINIS-
TRATIVE  LAW JUDGE, THE COMMISSION SHALL MAKE ADJUSTMENTS TO SUCH RECOM-
MENDED DECISION AS NECESSARY BASED UPON ANY ASPECT  OF  CUSTOMER  IMPACT
PRESENTED IN PUBLIC STATEMENT HEARINGS.
  D. THE COMMISSION SHALL ADOPT REGULATIONS TO EFFECTUATE THE PROVISIONS
OF THIS SUBDIVISION.
  S  2.  Paragraph  (b)  of  subdivision  12 of section 66 of the public
service law, as  amended by chapter 154 of the laws of 1989, is  amended
to read as follows:
  (b)  No  change shall be made in any rate or charge, or in any form of
contract or agreement or any rule or regulation relating  to  any  rate,
charge  or service, or in any general privilege or facility, which shall
have been filed by a utility in compliance with an order of the  commis-
sion,  except  after  thirty  days' notice to the commission and to each
county, city, town and village served by such utility  which  had  filed
with  such  utility,  within the prior twelve months, a request for such
notice and which shall be affected by such change and publication  of  a
notice to the public of such proposed change [once in each week for four
successive weeks] ON THE FIRST AND SECOND TUESDAY OF THE MONTH FOLLOWING
THE  DATE  ON WHICH SUCH PROPOSED CHANGE HAS BEEN FILED WITH THE COMMIS-
SION in a newspaper having general circulation in each county containing
territory affected by the proposed change, which  notice  shall  plainly
state  the changes proposed and when the change will go into effect. The
commission for good cause shown may, except in the case of major  chang-
es,  allow  changes  to  take effect prior to the end of such thirty-day
period and without publication of notice to the public under such condi-
tions as it may prescribe.  The commission may delegate to the secretary
of the commission its authority to approve a change to a schedule  post-
poning  the  effective  date  of such schedule previously filed with the
commission and to allow for good cause shown the  postponement  to  take
effect  prior  to the end of such thirty-day period and without publica-
tion of notice to the public.
  S 3. Section 92 of the public service law is amended by adding  a  new
subdivision 2-a to read as follows:

S. 3934                             3

  2-A. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION
OR  ANY  OTHER PROVISION OF THIS CHAPTER TO THE CONTRARY, THE COMMISSION
SHALL HOLD PUBLIC STATEMENT HEARINGS FOR THE PURPOSE OF RECEIVING STATE-
MENTS OF CUSTOMER IMPACT FOR ANY APPLICATION FILED  BY  A  TELEPHONE  OR
TELEGRAPH CORPORATION FOR MAJOR CHANGES IN RATES, CHARGES, OR RENTALS AS
SUCH  CHANGES  ARE DEFINED IN SUBDIVISION TWELVE OF SECTION SIXTY-SIX OF
THIS CHAPTER. SUCH  PUBLIC  STATEMENT  HEARINGS  SHALL  CONFORM  TO  THE
FOLLOWING REQUIREMENTS.
  A.  (1)  AT  LEAST ONE DAY AND ONE EVENING HEARING SHALL BE HELD IN OR
NEAR EACH LOCALITY WHOSE CUSTOMERS WILL  BE  AFFECTED  BY  THE  PROPOSED
MAJOR  CHANGE  IN RATES. IN EACH CASE, HEARINGS SHALL BE SCHEDULED AFTER
THE ADMINISTRATIVE LAW JUDGE HAS  ISSUED  A  RECOMMENDED  DECISION  AND,
BEFORE  THE COMMISSION BEGINS DELIBERATIONS ON ITS FINAL ORDER AND OPIN-
ION.
  (2) THE COMMISSION SHALL PREPARE A BRIEF SUMMARY, IN PLAIN AND  SIMPLE
LANGUAGE  OF  THE  ADMINISTRATIVE  LAW JUDGE'S RECOMMENDED DECISION, THE
RECOMMENDED CHANGE IN RATES, AND THE AVERAGE ESTIMATED CHANGE  IN  RATES
FOR  RESIDENTIAL  CUSTOMERS.  SUCH  SUMMARIES SHALL BE MADE AVAILABLE TO
PERSONS ATTENDING PUBLIC STATEMENT HEARINGS.
  (3) A MEMBER OF THE COMMISSION SHALL PRESIDE AT EACH PUBLIC  STATEMENT
HEARING.  EACH  MEMBER OF THE COMMISSION SHALL PRESIDE OVER AT LEAST ONE
PUBLIC STATEMENT HEARING IN EACH CALENDAR YEAR.
  B. CUSTOMERS TO BE AFFECTED BY EACH PROPOSED  MAJOR  CHANGE  IN  RATES
SHALL  BE  NOTIFIED  OF  PUBLIC STATEMENT HEARINGS BY BILL INSERTS TO BE
INCLUDED WITH THE LATEST UTILITY BILLS WHICH WILL INSURE  THAT  AFFECTED
CUSTOMERS RECEIVE SUCH BILL INSERTS BEFORE PUBLIC STATEMENT HEARINGS ARE
HELD. BILL INSERTS SHALL CONTAIN CONSPICUOUS NOTICE, IN CLEAR AND UNDER-
STANDABLE FORM AND LANGUAGE OF THE FOLLOWING INFORMATION.
  (1) NOTICE OF THE TIME, PLACE AND DATE OF PUBLIC STATEMENT HEARINGS.
  (2)  A BRIEF DESCRIPTION, PREPARED BY THE COMMISSION, OF THE CHANGE IN
RATES WHICH THE UTILITY HAS REQUESTED AND, IF THEN KNOWN, THE CHANGE  IN
RATES RECOMMENDED BY THE COMMISSION'S STAFF.
  (3) A SHORT STATEMENT OF THE NATURE OF THE PUBLIC STATEMENT HEARINGS.
  (4)  NOTICE  THAT  PUBLIC  STATEMENT  HEARINGS  WILL BE HELD AFTER THE
ADMINISTRATIVE LAW JUDGE'S RECOMMENDED DECISION AND BEFORE  THE  COMMIS-
SION'S FINAL ORDER AND OPINION.
  (5) NOTICE THAT THE COMMISSION MAY MODIFY THE DECISION OF THE ADMINIS-
TRATIVE LAW JUDGE AND THAT THE COMMISSION WILL GIVE CONSIDERATION IN ITS
DECISION TO ANY STATEMENTS OF CUSTOMER IMPACT PRESENTED AT PUBLIC STATE-
MENT HEARINGS.
  (6)  THE  NAMES,  ADDRESSES  AND TELEPHONE NUMBERS OF EMPLOYEES OF THE
APPLICANT AND THE COMMISSION WHO CAN PROVIDE CUSTOMERS  WITH  ADDITIONAL
INFORMATION.
  C. IN ADDITION TO ANY CONSIDERATION OF CUSTOMER IMPACT BY THE ADMINIS-
TRATIVE  LAW JUDGE, THE COMMISSION SHALL MAKE ADJUSTMENTS TO SUCH RECOM-
MENDED DECISION AS NECESSARY, BASED UPON  ANY  ASPECT  OF  ANY  CUSTOMER
IMPACT PRESENTED IN PUBLIC STATEMENT HEARINGS.
  D. THE COMMISSION SHALL ADOPT REGULATIONS TO EFFECTUATE THE PROVISIONS
OF THIS SUBDIVISION.
  S  4.  Paragraph  (a)  of  subdivision  2  of section 92 of the public
service law, as amended by chapter 517 of the laws  of 1996, is  amended
to read as follows:
  (a)  No  change  shall be made in any rate, charge or rental, or joint
rate, charge or rental applicable to regulated basic services,  switched
carrier  access  services,  charges  for  interconnection  between local
exchange carriers, and toll services within a local access and transport

S. 3934                             4

area which shall have been filed by a telegraph corporation or telephone
corporation hereinafter in this subdivision called a utility in  compli-
ance  with this chapter, except after thirty days' notice to the commis-
sion  and  to each county, city, town and village served by such utility
which had filed with such utility  within  the  prior  twelve  months  a
request  for such notice and shall be affected by such change and publi-
cation of a notice to the public of such proposed change [once  in  each
week  for  four successive weeks] ON THE FIRST AND SECOND TUESDAY OF THE
MONTH FOLLOWING THE DATE ON WHICH SUCH PROPOSED CHANGE  HAS  BEEN  FILED
WITH  THE COMMISSIONER in a newspaper having general circulation in each
county containing territory affected by the proposed  change.  No  other
change  shall  be  made  in  any  rate, charge or rental, or joint rate,
charge or rental filed by a utility, except  after  ten  business  days'
notice  to  the  commission  and  publication of one notice at least ten
business days prior to the effective date of the change in  a  newspaper
of  general  circulation in each county affected by the proposed change.
Such notices shall plainly state the changes proposed and the time  when
they  go  into  effect.    For the purpose of this paragraph, "regulated
basic services" are defined as: residential,  individual  business,  and
public  access  line network access, connection charges for such network
access, local usage, local coin usage rates,  tone  dialing,  access  to
emergency   services,  statewide  relay  services,  operator  assistance
services, [director] DIRECTORY  listings,  and  provisions  that  affect
privacy protections.
  S  5.   This act shall take effect on the thirtieth day after it shall
have become a law.

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Senate Bill S3934

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

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2009-S3934 (ACTIVE) - Details

2009-S3934 (ACTIVE) - Summary

2009-S3934 (ACTIVE) - Sponsor Memo

2009-S3934 (ACTIVE) - Bill Text download pdf

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Sponsored By

Suzi Oppenheimer

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

Actions

2009-S3934 (ACTIVE) - Details

2009-S3934 (ACTIVE) - Summary

2009-S3934 (ACTIVE) - Sponsor Memo

2009-S3934 (ACTIVE) - Bill Text download pdf

Comments