S T A T E O F N E W Y O R K
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10162
I N A S S E M B L Y
May 9, 2012
___________
Introduced by M. of A. MOYA, CAHILL -- read once and referred to the
Committee on Energy
AN ACT to amend the public service law, in relation to electric utility
emergency plans
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 21 of section 66 of the public service law, as
added by chapter 718 of the laws of 1980, is amended to read as follows:
21. (A) The commission shall require every electric corporation to
submit [storm] ELECTRIC UTILITY EMERGENCY plans to the commission for
review and approval at such times and in such detail and form as the
commission shall require, provided, however, that the same shall be
filed at least annually. SUCH PLANS SHALL SET FORTH (1) TRAINING
PROGRAMS AND EXERCISES, PLANNING, COORDINATION OF CORPORATION PERSONNEL
AND OUTSIDE SERVICE RESTORATION AID, AND OTHER PREPARATORY ACTIONS TO BE
UNDERTAKEN ON A SCHEDULED BASIS AND IN ANTICIPATION OF MAJOR STORMS,
OTHER ADVERSE WEATHER CONDITIONS OR OTHER EVENTS THAT MAY RESULT IN
SERVICE OUTAGES, (2) PROCEDURES TO BE FOLLOWED FOR ACCURATELY DETERMIN-
ING THE EXTENT OF A SERVICE OUTAGE, INCLUDING DETERMINATION OF THE
LOCATION OF AFFECTED AREAS, THE ESTIMATED NUMBER OF CUSTOMERS AND THE
OVERALL NUMBER OF PEOPLE AFFECTED BY LOSS OF POWER OR BY VOLTAGE
REDUCTIONS, (3) PROCEDURES FOR ESTIMATING THE TIME REQUIRED FOR RESTORA-
TION OF SERVICE TO AREAS AFFECTED BY THE OUTAGE AND COMMUNICATING WITH
MEDIA, LIFE SUPPORT AND OTHER SPECIAL NEEDS CUSTOMERS, PUBLIC OFFICIALS,
MEDICAL AND CRITICAL CARE FACILITIES AND THE PUBLIC, (4) POLICIES FOR
INITIATING AND IMPLEMENTING LOAD RELIEF AND LOAD CONTROL PROGRAMS, (5)
PROCEDURES FOR OBTAINING AND DISTRIBUTING DRY ICE, DRINKING WATER, EMER-
GENCY MEALS AND OTHER ITEMS THAT MAY BECOME NECESSARY IN THE EVENT OF AN
EXTENDED SERVICE OUTAGE, (6) PROCEDURES FOR MANAGEMENT RESPONSIBILITIES,
REPORTING AND DECISION MAKING NEEDED TO EXECUTE THE PLAN, AND (7) ANY
OTHER INFORMATION THAT THE COMMISSION MAY REQUIRE.
(B) EACH YEAR, ON OR BEFORE THE FIRST DAY OF APRIL OR ON SUCH OTHER
DATE AS THE COMMISSION MAY PRESCRIBE, EACH ELECTRIC CORPORATION SHALL
(1) FILE AN ELECTRIC UTILITY EMERGENCY PLAN INCLUDING ANY SUCH AMEND-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02120-01-1
A. 10162 2
MENTS AS IT DEEMS NECESSARY, OR AS THE COMMISSION MAY REQUIRE, TO MAIN-
TAIN A HIGH LEVEL OF PREPAREDNESS, AND (2) CERTIFY IN A REPORT TO THE
COMMISSION THAT WITHIN THE PAST TWELVE MONTHS IT HAS PERIODICALLY VERI-
FIED TELEPHONE AND OTHER APPROPRIATE CONTACTS AND UPDATED ITS LIST OF
INTERNAL AND EXTERNAL CONTACT PERSONS NECESSARY TO EXECUTE THE PLAN, AND
HAS CONDUCTED ONE OR MORE EMERGENCY EXERCISES INVOLVING THE MANAGEMENT
OF THE CORPORATION AND KEY COMPANY PERSONNEL ASSIGNED SERVICE RESTORA-
TION RESPONSIBILITIES. PRIOR TO APPROVING ANY SUCH SUBMISSION, THE
COMMISSION SHALL SEEK COMMENTS FROM INTERESTED STATE AND LOCAL AGENCIES
AND MEMBERS OF THE PUBLIC, AND MAY REQUIRE MODIFICATIONS OR OTHERWISE
PRESCRIBE CONDITIONS FOR APPROVAL. THE COMMISSION SHALL ENSURE THAT
COMMENTS ARE SOLICITED FROM THE STATE EMERGENCY MANAGEMENT OFFICE, THE
STATE OFFICE OF HOMELAND SECURITY AND OTHER APPROPRIATE STATE AND LOCAL
AGENCIES, AND FROM ORGANIZATIONS THAT PROVIDE EMERGENCY SHELTER,
WARMING/COOLING STATIONS AND OTHER RELIEF EFFORTS. AS PART OF ITS
REVIEW, THE COMMISSION SHALL REVIEW THE ADEQUACY OF ANY POLICIES FOR
REIMBURSING CUSTOMERS FOR LOSSES DUE TO OUTAGES OR INADVERTENT INTEN-
TIONAL SHUTOFFS OF ELECTRICITY. SUCH REVIEW SHALL INCLUDE CONSIDERATION
OF THE APPROPRIATENESS OF ANY POLICY OF PROVIDING FOR, LIMITING OR DENY-
ING REIMBURSEMENT FOR DAMAGES TO ELECTRICAL EQUIPMENT OR OTHER LOSSES
ATTRIBUTABLE TO THE FAILURE TO DELIVER ELECTRICITY OR TO SIGNIFICANT
REDUCTIONS IN THE VOLTAGE OF ELECTRICITY DELIVERED, INCLUDING LOSS OF
BUSINESS OPPORTUNITIES, AND THE APPROPRIATENESS OF ANY DURATION STAND-
ARDS IN SUCH POLICIES. SUCH REVIEW SHALL ALSO INCLUDE THE SUFFICIENCY OF
ANY MONETARY LIMITS IN SUCH POLICIES.
(C) WITHIN SIXTY DAYS FOLLOWING COMPLETION OF SERVICE RESTORATION IN
AN EMERGENCY WHERE THE RESTORATION PERIOD EXCEEDS FORTY-EIGHT HOURS,
EACH ELECTRIC CORPORATION SHALL SUBMIT TO THE COMMISSION A REVIEW OF ALL
ASPECTS OF ITS PREPARATION AND SYSTEM RESTORATION PERFORMANCE. BASED ON
THIS REVIEW OR UPON ITS OWN ASSESSMENT OF THE ELECTRIC CORPORATION'S
PERFORMANCE IN RESPONDING TO SUCH EMERGENCY, THE COMMISSION MAY IMME-
DIATELY ORDER ANY MODIFICATIONS OR CONDITIONS TO THE CORPORATION'S EMER-
GENCY PLAN THAT IT DEEMS NECESSARY TO ENSURE A HIGH LEVEL OF PREPARED-
NESS.
(D) THE NAMES AND CONTACT INFORMATION OF EMPLOYEES AND OUTSIDE CONTACT
PERSONS MAY BE DELETED FROM COPIES OF THE PLAN AVAILABLE FOR PUBLIC
INSPECTION, BUT SUCH DELETED INFORMATION SHALL BE SUBJECT TO INSPECTION
BY THE COMMISSION AND STATE EMPLOYEES. AN ELECTRIC CORPORATION MAY
REQUEST THAT THE COMMISSION DESIGNATE AS CONFIDENTIAL INTERNAL SECURITY
MATTERS AND ANY OTHER INFORMATION REQUIRED TO BE SUBMITTED IN EMERGENCY
PLANS. SUCH REQUESTS SHALL IDENTIFY THE SPECIFIC INFORMATION REQUESTED
TO BE TREATED AS CONFIDENTIAL AND SHALL EXPLAIN WHY CONFIDENTIALITY IS
SOUGHT. UNLESS THE COMMISSION DIRECTS OTHERWISE, SUCH INFORMATION SHALL
NOT BE INCLUDED IN THE PLANS AVAILABLE FOR PUBLIC INSPECTION.
(E) THE COMMISSION SHALL ENCOURAGE ELECTRIC CORPORATIONS TO IDENTIFY
AND DISSEMINATE BEST PRACTICES IN EMERGENCY PLANNING AND RESPONSE. IN
ADDITION TO OVERSEEING DISSEMINATION OF BEST PRACTICES ON AN ONGOING
BASIS, THE COMMISSION SHALL BE AUTHORIZED TO INITIATE A STATEWIDE,
COLLABORATIVE EMERGENCY PREPAREDNESS AND STORM MANAGEMENT PLANNING PROC-
ESS INVOLVING ALL ELECTRIC CORPORATIONS AND OTHER INVOLVED ORGANIZA-
TIONS.
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Provided, that the public service commission
is immediately authorized and directed to take any and all actions,
including but not limited to the promulgation of any necessary rules,
A. 10162 3
necessary to fully implement the provisions of this act on its effective
date.