senate Bill S4230

2011-2012 Legislative Session

Increases the penalties imposed upon gas and electric utilities for failure to file or correct an annual report with the public service commission

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 12, 2012 committee discharged and committed to rules
Mar 09, 2012 notice of committee consideration - requested
Jan 04, 2012 referred to energy and telecommunications
Mar 24, 2011 referred to energy and telecommunications

S4230 - Bill Details

See Assembly Version of this Bill:
A2364
Current Committee:
Law Section:
Public Service Law
Laws Affected:
Amd ยง66, Pub Serv L
Versions Introduced in 2009-2010 Legislative Session:
A1595A

S4230 - Bill Texts

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Increases the penalties imposed upon gas and electric utilities for failure to file or correct an annual report with the public service commission; such penalties shall not be more than one-tenth of 1% of the utilities' annual net revenue for each day of violation, but not to exceed $25,000 nor be less than $100.

view sponsor memo
BILL NUMBER:S4230

TITLE OF BILL:
An act
to amend the public service law, in relation to penalties for the
failure of gas and electric corporations to file or correct an annual
report

PURPOSE:
This bill will help ensure compliance with reporting
requirements in the Public Service Law by scaling the penalties for
failure to file or correct an annual report to the size of a
regulated entity.

SUMMARY OF PROVISIONS:
This legislation amends subdivision 6 of
section 66 of the public service law, as amended by chapter 784 of
the laws of 1923.

JUSTIFICATION:
In 2006, the western part of Queens suffered a massive
power outage that lasted 9 days. The Assembly Queens Power Outage
Task Force studied the outage's causes and the inadequate responses
by the company responsible for the transmission and distribution
system, Consolidated Edison, and by the Public Service Commission,
One underlying cause was found to be the reliance by New York's
utility regulators on antiquated laws, regulations, and policies that
let companies engaged in energy transmission and distribution operate
without effective oversight.

The Task Force found that in many cases the sanctions imposed by the
PSC are neither timely nor meaningful, The $100 penalty in 66 is a
perfect example. The amounts that a major utility could be penalized
for being one day, or even one year, late in meeting as deadline
would be well beneath its notice. This bill would bring the
penalties in line with the realities of today's energy markets.

LEGISLATIVE HISTORY:
A.1595-A (2009-2010)
A.8623-A (2007-2008)

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect on the one hundred
twentieth day after it shall have become law; however, the Public
Service Commission will be immediately authorized and directed to
take any and all actions, including but not limited to the
promulgation of rules, necessary to fully implement the provisions of
this act on its effective date.

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

                                  4230

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 24, 2011
                               ___________

Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations

AN ACT to amend the public service law, in relation to penalties for the
  failure  of gas and electric corporations to file or correct an annual
  report

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

  Section  1.  Subdivision 6 of section 66 of the public service law, as
amended by chapter 784 of the laws  of  1923,  is  amended  to  read  as
follows:
  6.  Require  every person and corporation under its supervision and it
shall be the duty of every such person and corporation to file with  the
commission  an  annual  report,  verified  by the oath of the president,
vice-president, treasurer, secretary, general manager, or  receiver,  if
any,  thereof, or by the person required to file the same. The verifica-
tion shall be made by said official holding office at the  time  of  the
filing  of said report, and if not made upon the knowledge of the person
verifying the same shall set forth the sources of  his  information  and
the  grounds  of  his belief as to any matters not stated to be verified
upon his knowledge. The report shall show in detail (a)  the  amount  of
its authorized capital stock and the amount thereof issued and outstand-
ing; (b) the amount of its authorized bonded indebtedness and the amount
of  its  bonds  and  other  forms of evidence of indebtedness issued and
outstanding; (c) its receipts  and  expenditures  during  the  preceding
year;  (d)  the  amount paid as dividends upon its stock and as interest
upon its bonds; (e) the names of its officers and the  aggregate  amount
paid  as salaries to them and the amount paid as wages to its employees;
(f) the location of  its  plant  or  plants  and  system,  with  a  full
description  of  its property and franchises, stating in detail how each
franchise stated to be owned was acquired;  and  (g)  such  other  facts

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05106-01-1

S. 4230                             2

pertaining to the operation and maintenance of the plant and system, and
the  affairs  of  such  person  or corporation as may be required by the
commission. Such reports shall be in the form, cover the period  and  be
filed at the time prescribed by the commission. The commission may, from
time  to  time,  make changes and additions in such forms. When any such
report is defective or believed to be erroneous,  the  commission  shall
notify  the  person,  corporation  or municipality making such report to
amend the same within a time prescribed  by  the  commission.  Any  such
person  or  corporation  or municipality which shall neglect to make any
such report or which shall fail to correct any such  report  within  the
time  prescribed  by  the commission shall be liable to a penalty of NOT
MORE THAN ONE-TENTH OF ONE PERCENT OF THE ANNUAL NET  REVENUES  OF  SUCH
PERSON, CORPORATION OR MUNICIPALITY FOR THE PAST YEAR, BUT NOT MORE THAN
TWENTY-FIVE  THOUSAND  DOLLARS  NOR LESS THAN one hundred dollars and an
additional penalty of [one hundred  dollars]  NOT  MORE  THAN  THE  SAME
AMOUNT for each day after the prescribed time for which it shall neglect
to file or correct the same, to be sued for in the name of the people of
the  state of New York. The amount recovered in any such action shall be
paid into the state treasury and be credited to the  general  fund.  The
commission may extend the time prescribed for cause shown.
  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,
necessary to fully implement the provisions of this act on its effective
date.

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