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Assembly Bill A8057

2011-2012 Legislative Session

Prohibits public service commission from allowing fuel-related increases without public hearings in certain instances

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Archive: Last Bill Status - In Assembly Committee

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2011-A8057 (ACTIVE) - Details

Current Committee:
Assembly Energy
Law Section:
Public Service Law
Laws Affected:
Amd ยง66, Pub Serv L
Versions Introduced in 2009-2010 Legislative Session:
A4202

2011-A8057 (ACTIVE) - Summary

Prohibits public service commission from granting fuel-related increase in rate or charges which would increase total revenues of utility by no more than the greater of $100,000 or two and one-half percent without public hearings at which the utility must show that the increase is necessary and that the fuel was purchased at the best possible rate; defines "fuel-related increase in rate or charges".

2011-A8057 (ACTIVE) - Bill Text download pdf 

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

                                  8057

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 27, 2011
                               ___________

Introduced  by M. of A. THIELE, GIGLIO -- Multi-Sponsored by -- M. of A.
  SPANO -- read once and referred to the Committee on Energy

AN ACT to amend the public service law,  in  relation  to  increases  in
  rates or charges for fuel costs

  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-e to read as follows:
  12-E. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COMMISSION SHALL
NOT ALLOW ANY FUEL-RELATED INCREASE IN THE RATE OR CHARGES  WHICH  WOULD
INCREASE  THE TOTAL REVENUES OF THE APPLICANT WITH MORE THAN THE GREATER
OF ONE HUNDRED THOUSAND DOLLARS OR  TWO  AND  ONE-HALF  PERCENT  WITHOUT
HEARINGS HELD UPON NOTICE TO THE PUBLIC. AS USED IN THIS SUBDIVISION ANY
"FUEL-RELATED  INCREASE  IN  THE  RATE OR CHARGES" SHALL MEAN ANY SINGLE
INCREASE OR ANY COMBINATION OF INCREASES IN THE  AGGREGATE  RELATING  TO
THE  RATE,  CHARGE OR SERVICE FILED BY A UTILITY WITHIN THE PRIOR TWELVE
MONTH PERIOD ARISING FROM ANY CHANGE IN THE FUEL COSTS OF  NATURAL  GAS,
OIL,  COAL,  KEROSENE,  OR  PETROLEUM  DISTILLATE OR NUCLEAR FUEL OR ANY
ADJUSTMENT TO RECOVER THE EXPENSES INCURRED TO REPLACE ELECTRIC  OR  GAS
SERVICE  LOST  OR UNAVAILABLE DUE TO AN UNSCHEDULED OUTAGE OR DISABILITY
OF AN ELECTRIC OR GAS FACILITY. AT THE PUBLIC HEARING THE UTILITY  SHALL
HAVE  THE  BURDEN OF PROVING THE INCREASE IS JUSTIFIED AND THAT FUEL WAS
PURCHASED AT THE LOWEST POSSIBLE COST. THE  COMMISSION  SHALL  ESTABLISH
AND PROMULGATE SUCH RULES AND REGULATIONS TO EFFECTUATE THIS SUBDIVISION
AS  IT  MAY DEEM NECESSARY, AND MAY MODIFY OR AMEND SUCH RULES AND REGU-
LATIONS FROM TIME TO TIME.
  S 2.   This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11677-01-1

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