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

                                  8583

                          I N  A S S E M B L Y

                            January 23, 2014
                               ___________

Introduced  by M. of A. MAYER -- read once and referred to the Committee
  on Energy

AN ACT to amend the public service law, in relation to hearings  follow-
  ing major power outages

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

  Section 1. The public service law is amended by adding a  new  section
66-n to read as follows:
  S 66-N. HEARINGS. 1.  FOLLOWING ANY MAJOR POWER OUTAGE, THE COMMISSION
SHALL,  WITHIN NINETY DAYS, SCHEDULE AT LEAST ONE PUBLIC STATEMENT HEAR-
ING IN EACH AFFECTED COUNTY OR IN EACH AFFECTED CITY WITH  A  POPULATION
OF ONE HUNDRED FIFTY THOUSAND OR MORE OR IN EACH AFFECTED BOROUGH IN THE
CITY  OF  NEW  YORK, PROVIDED THAT SUCH HEARING HAS BEEN REQUESTED VIA A
FORMAL RESOLUTION ADOPTED BY THE COUNTY LEGISLATURE OR BOARD OF SUPERVI-
SORS IN SUCH AFFECTED COUNTY OR BY THE CITY  COUNCIL  IN  SUCH  AFFECTED
CITIES  WITH A POPULATION OF ONE HUNDRED FIFTY THOUSAND OR MORE AND THAT
SUCH RESOLUTION HAS BEEN TRANSMITTED TO THE CHAIRPERSON  OF  THE  PUBLIC
SERVICE  COMMISSION BY ELECTRONIC OR WRITTEN COMMUNICATION. THE AFFECTED
COUNTIES MAY AGREE AMONGST THEMSELVES TO FEWER PUBLIC STATEMENT HEARINGS
PROVIDED THAT THE LOCATION OR LOCATIONS OF SUCH HEARING OR HEARINGS  ARE
CONVENIENTLY  LOCATED  WITHIN  THE GEOGRAPHIC AREA AFFECTED BY THE MAJOR
POWER OUTAGE AND EASILY ACCESSIBLE  FOR  CUSTOMERS.  SUCH  AN  AGREEMENT
AMONG  THE  AFFECTED  COUNTIES MUST BE TRANSMITTED TO THE CHAIRPERSON OF
THE COMMISSION.
  2. "MAJOR POWER OUTAGE" SHALL BE DEFINED AS ANY OUTAGE WITHIN A UTILI-
TY SERVICE TERRITORY THAT LEAVES FIVE PERCENT OR MORE OF CUSTOMERS WITH-
OUT POWER FOR AT LEAST SEVENTY-TWO CONSECUTIVE HOURS FOLLOWING THE EVENT
THAT CAUSED THE OUTAGE.
  3.  FOR  THE  PURPOSES  OF  PROVIDING  NOTICE  AND  SOLICITING  PUBLIC
COMMENTS,  AT LEAST THIRTY DAYS PRIOR TO THE PUBLIC STATEMENT HEARING OR
HEARINGS REQUIRED IN SUBDIVISION ONE OF  THIS  SECTION,  THE  COMMISSION
SHALL  PROVIDE NOTICE OR ELECTRONIC NOTICE: (A) TO EACH COUNTY AND MUNI-
CIPALITY SERVED  BY  SAID  ELECTRIC  CORPORATION  LOCATED  IN  THE  AREA
AFFECTED  BY THE MAJOR POWER OUTAGE; (B) TO THE SPEAKER OF THE ASSEMBLY,

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

                                                           LBD13539-01-4

A. 8583                             2

THE TEMPORARY PRESIDENT OF THE SENATE, THE  CHAIRPERSON  OF  THE  SENATE
ENERGY AND TELECOMMUNICATIONS COMMITTEE, THE CHAIRPERSON OF THE ASSEMBLY
ENERGY  COMMITTEE, AND EACH MEMBER OF THE STATE LEGISLATURE THAT REPRES-
ENTS  AN  AREA WHERE SERVICE WAS AFFECTED BY THE MAJOR POWER OUTAGE; (C)
BY PUBLICATION ONCE IN EACH WEEK FOR FOUR SUCCESSIVE WEEKS IN A  NEWSPA-
PER  AND  ON THE WEB SITE OF A NEWSPAPER THAT HAS GENERAL CIRCULATION IN
THE GEOGRAPHIC AREA AFFECTED BY THE MAJOR POWER  OUTAGE  LOCATED  WITHIN
THE  SERVICE TERRITORY OF SAID ELECTRIC CORPORATION; AND (D) BY PUBLICA-
TION ON THE COMMISSION'S WEBSITE.
  4. A MEMBER OR MEMBERS OF  THE  COMMISSION  OR  DEPARTMENT  OF  PUBLIC
SERVICE  SENIOR  STAFF, DESIGNATED BY THE CHAIRPERSON OF THE COMMISSION,
SHALL BE PRESENT IN PERSON AT THE PUBLIC STATEMENT HEARINGS REQUIRED  BY
SUBDIVISION  ONE  OF THIS SECTION AND SHALL BEGIN WITH A PRESENTATION ON
DATA COLLECTED DURING THE RECENT OUTAGE, INCLUDING INFORMATION ON RESTO-
RATION TIMES IN THE AFFECTED COUNTY OR  CITY,  CUSTOMER  COMPLAINTS  AND
OTHER  DATA  WHICH  THE COMMISSION OR ITS DESIGNEE MAY DEEM APPROPRIATE.
THE COMMISSION MEMBERS OR THEIR  DESIGNEES  SHALL  THEN  SOLICIT  PUBLIC
COMMENT  FROM  RESIDENTIAL  AND  COMMERCIAL  CUSTOMERS FROM THE AFFECTED
COUNTY OR CITY WITH A POPULATION OF ONE HUNDRED FIFTY THOUSAND  OR  MORE
OR BOROUGH IN THE CITY OF NEW YORK. SUCH TESTIMONY SHALL BE LIMITED TO:
  (A)  CUSTOMER  FEEDBACK  ON THEIR EXPERIENCE DURING THE RECENT OUTAGE,
INCLUDING ISSUES RELATED TO POWER  RESTORATION,  RESTORATION  TIMES  AND
SERVICE QUALITY;
  (B)  SUGGESTIONS  FOR  CHANGES  IN  COMMISSION  POLICY IN THE AFFECTED
SERVICE TERRITORY WHICH, IN THE CUSTOMER'S VIEW  WOULD  LEAD  TO  BETTER
SERVICE QUALITY;
  (C)  COMMUNICATION PROTOCOLS BETWEEN A COMPANY AND CUSTOMERS DURING AN
OUTAGE AND HOW SUCH PROTOCOLS MAY BE IMPROVED; AND
  (D) ANY ADDITIONAL TOPICS  OF  INFORMATION  THAT  THE  COMMISSION  MAY
DETERMINE ARE NECESSARY AND APPROPRIATE.
  5.  WITHIN  ONE  HUNDRED  TWENTY DAYS OF THE CONCLUSION OF SUCH PUBLIC
STATEMENT HEARING, THE COMMISSION SHALL PUBLISH ON ITS WEBSITE A  REPORT
SUMMARIZING  THE  EVENTS  OF THE PUBLIC STATEMENT HEARING AND ANY RECOM-
MENDED POLICY CHANGES THAT IT MAY HAVE INITIATED. SUCH REPORT SHALL ALSO
BE TRANSMITTED TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER  OF
THE  ASSEMBLY,  THE  CHAIRPERSON  OF  THE SENATE ENERGY AND TELECOMMUNI-
CATIONS COMMITTEE, THE CHAIRPERSON OF  THE  ASSEMBLY  ENERGY  COMMITTEE,
EACH  MEMBER  OF THE LEGISLATURE WHOSE DISTRICT LIES IN WHOLE OR IN PART
IN THE AFFECTED COUNTY, THE COUNTY EXECUTIVE OR  ADMINISTRATOR  AND  THE
CHAIRPERSON  OF  THE  COUNTY LEGISLATURE OR BOARD OF SUPERVISORS AND THE
MAYOR OF ANY CITY WITH A POPULATION OF ONE  HUNDRED  FIFTY  THOUSAND  OR
MORE THAT WAS THE SUBJECT OF SUCH HEARING.
  S 2. This act shall take effect January 1, 2015.