NY State Senate Bill 2011-S3535

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 13, 2012	print number 3535a
Jan 13, 2012	amend and recommit to energy and telecommunications
Jan 04, 2012	referred to energy and telecommunications
Feb 24, 2011	referred to energy and telecommunications

Bill Amendments

Original

A (Active)

co-Sponsors

2011-S3535 - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §§66 & 92, Pub Serv L
Versions Introduced in 2009-2010 Legislative Session:: S3934

2011-S3535 - 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.

2011-S3535 - Sponsor Memo

                                BILL NUMBER:S3535

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
04/07/09 REFERRED TO ENERGY AND TELECOMMUNICATIONS
01/06/10 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.

2011-S3535 - Bill Text download pdf

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

                                  3535

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 24, 2011
                               ___________

Introduced  by  Sens.  OPPENHEIMER,  KRUEGER  --  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 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.
                                                           LBD06041-01-1

S. 3535                             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. 3535                             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. 3535                             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.

co-Sponsors

2011-S3535A (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §§66 & 92, Pub Serv L
Versions Introduced in 2009-2010 Legislative Session:: S3934

2011-S3535A (ACTIVE) - Summary

2011-S3535A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3535A

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
04/07/09 REFERRED TO ENERGY AND TELECOMMUNICATIONS
01/06/10 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.

2011-S3535A (ACTIVE) - Bill Text download pdf

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

                                 3535--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 24, 2011
                               ___________

Introduced  by  Sens.  OPPENHEIMER,  KRUEGER  --  read twice and ordered
  printed, and when printed to be committed to the Committee  on  Energy
  and  Telecommunications  -- recommitted to the Committee on Energy and
  Telecommunications in accordance with Senate Rule 6, sec. 8 -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted to said committee

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-e to read as follows:
  12-E.  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06041-02-2

S. 3535--A                          2

  (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  ADMIN-
ISTRATIVE  LAW  JUDGE,  THE  COMMISSION  SHALL  MAKE ADJUSTMENTS TO SUCH
RECOMMENDED 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. 3535--A                          3

  S  3.  Section 92 of the public service law is amended by adding a new
subdivision 2-a to read as follows:
  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 ADMIN-
ISTRATIVE LAW JUDGE, THE  COMMISSION  SHALL  MAKE  ADJUSTMENTS  TO  SUCH
RECOMMENDED 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

S. 3535--A                          4

carrier access  services,  charges  for  interconnection  between  local
exchange carriers, and toll services within a local access and transport
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 S3535

Sponsored By

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

Bill Amendments

co-Sponsors

2011-S3535 - Details

2011-S3535 - Summary

2011-S3535 - Sponsor Memo

2011-S3535 - Bill Text download pdf

co-Sponsors

2011-S3535A (ACTIVE) - Details

2011-S3535A (ACTIVE) - Summary

2011-S3535A (ACTIVE) - Sponsor Memo

2011-S3535A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3535

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Sponsored By

Suzi Oppenheimer

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

Bill Amendments

co-Sponsors

Liz Krueger

2011-S3535 - Details

2011-S3535 - Summary

2011-S3535 - Sponsor Memo

2011-S3535 - Bill Text download pdf

co-Sponsors

Liz Krueger

2011-S3535A (ACTIVE) - Details

2011-S3535A (ACTIVE) - Summary

2011-S3535A (ACTIVE) - Sponsor Memo

2011-S3535A (ACTIVE) - Bill Text download pdf

Comments