S T A T E O F N E W Y O R K
________________________________________________________________________
4504--B
2013-2014 Regular Sessions
I N S E N A T E
April 5, 2013
___________
Introduced by Sen. LATIMER -- read twice and ordered printed, and when
printed to be committed to the Committee on Energy and Telecommuni-
cations -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the public service law, in relation to requiring the
public service commission to conduct annual hearings regarding certain
electric corporations
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. THE COMMISSION, NOT LESS THAN ONCE ANNUALLY,
AFTER THE RECEIPT OF THE ANNUAL REPORT PROVIDED PURSUANT TO SUBDIVISION
SIX OF SECTION SIXTY-SIX OF THIS ARTICLE, SHALL PROMPTLY FIX A DATE FOR
THE COMMENCEMENT OF PUBLIC HEARINGS THEREON AND SAID PUBLIC HEARING
SHALL BE SCHEDULED AND CONDUCTED NOT LESS THAN FORTY-FIVE DAYS NOR MORE
THAN ONE HUNDRED EIGHTY DAYS OF RECEIPT OF SAID ANNUAL REPORT. THE
COMMISSION SHALL CONDUCT PUBLIC HEARINGS IN THE FOLLOWING LOCATIONS
WITHIN THE FOLLOWING ELECTRIC CORPORATIONS' RESPECTIVE SERVICE TERRITO-
RIES:
(A) CONSOLIDATED EDISON OR ANY SUCCESSOR CORPORATION: CITY OF NEW YORK
AND WESTCHESTER COUNTY. THE COMMISSION SHALL CONDUCT AT LEAST ONE HEAR-
ING ANNUALLY IN THE CITY OF NEW YORK AND AT LEAST ONE HEARING ANNUALLY
IN WESTCHESTER COUNTY. THE HEARINGS HELD IN THE CITY OF NEW YORK SHALL
ALTERNATE COUNTIES SO THAT AT LEAST ONE HEARING SHALL BE HELD IN EACH
COUNTY EVERY FIVE YEARS.
(B) ORANGE AND ROCKLAND UTILITIES OR ANY SUCCESSOR CORPORATION:
ORANGE COUNTY AND ROCKLAND COUNTY. THE COMMISSION SHALL CONDUCT AT LEAST
ONE HEARING ANNUALLY IN ONE OF THE COUNTIES AND SHALL NOT CONDUCT A
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09546-07-3
S. 4504--B 2
HEARING IN THE SAME COUNTY AS THE PREVIOUS YEAR'S HEARING HELD UNDER
THIS SECTION.
(C) CENTRAL HUDSON GAS AND ELECTRIC OR ANY SUCCESSOR CORPORATION:
ULSTER COUNTY AND DUTCHESS COUNTY. THE COMMISSION SHALL CONDUCT AT LEAST
ONE HEARING ANNUALLY IN ONE OF THE COUNTIES AND SHALL NOT CONDUCT A
HEARING IN THE SAME COUNTY AS THE PREVIOUS YEAR'S HEARING HELD UNDER
THIS SECTION.
(D) NIAGARA MOHAWK D/B/A NATIONAL GRID OR ANY SUCCESSOR CORPORATION:
ALBANY COUNTY, ONONDAGA COUNTY AND ERIE COUNTY. THE COMMISSION SHALL
CONDUCT AT LEAST ONE HEARING ANNUALLY IN ONE OF THE COUNTIES AND SHALL
CONDUCT AT LEAST ONE HEARING IN EACH COUNTY EVERY THREE YEARS.
(E) NEW YORK STATE ELECTRIC AND GAS OR ANY SUCCESSOR CORPORATION:
BROOME COUNTY AND PUTNAM COUNTY. THE COMMISSION SHALL CONDUCT AT LEAST
ONE HEARING ANNUALLY IN ONE OF THE COUNTIES AND SHALL NOT CONDUCT A
HEARING IN THE SAME COUNTY AS THE PREVIOUS YEAR'S HEARING HELD UNDER
THIS SECTION.
(F) ROCHESTER GAS AND ELECTRIC OR ANY SUCCESSOR CORPORATION: MONROE
COUNTY.
2. FOR THE PURPOSES OF PROVIDING NOTICE AND SOLICITING PUBLIC
COMMENTS, AT LEAST THIRTY DAYS PRIOR TO THE PUBLIC HEARINGS REQUIRED IN
SUBDIVISION ONE OF THIS SECTION, THE COMMISSION SHALL PROVIDE NOTICE OR
ELECTRONIC NOTICE: (A) TO EACH COUNTY AND CITY SERVED BY SAID ELECTRIC
CORPORATION; (B) TO THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT
OF THE SENATE, EACH MEMBER OF THE STATE LEGISLATURE WHERE SERVICE IS
PROVIDED IN SUCH MEMBER'S LEGISLATIVE DISTRICT; (C) TO THE UTILITY
INTERVENTION UNIT OF THE DEPARTMENT OF STATE; (D) BY PUBLICATION ONCE IN
EACH WEEK FOR FOUR SUCCESSIVE WEEKS IN A NEWSPAPER AND ON THE WEB SITE
OF A NEWSPAPER THAT HAS GENERAL CIRCULATION IN THE SERVICE TERRITORY OF
SAID ELECTRIC CORPORATION; AND (E) BY PUBLICATION ON THE COMMISSION'S
WEB SITE.
3. (A) THE CHAIRMAN OR CHAIRWOMAN AND A MAJORITY OF THE DULY APPOINTED
COMMISSIONERS SHALL BE PRESENT AT THE HEARINGS REQUIRED BY SUBDIVISION
ONE OF THIS SECTION AND SHALL SOLICIT PUBLIC COMMENT FROM RESIDENTIAL
AND COMMERCIAL CUSTOMERS REGARDING AN ELECTRIC CORPORATION'S PERFORM-
ANCE, INCLUDING BUT NOT LIMITED TO:
(1) THE QUALITY OF ELECTRIC SERVICE;
(2) THE IMPACT OF ANY COMMISSION DECISIONS IN THE PREVIOUS YEAR
REGARDING RATES FOR SERVICE OR OTHER DECISIONS AFFECTING SERVICE;
(3) THE ADMINISTRATION OF ENERGY EFFICIENCY PROGRAMS AND SERVICES BY
THE UTILITY;
(4) COMMUNICATION PROTOCOLS BETWEEN A COMPANY AND CUSTOMERS IN ARREARS
ON UTILITY CHARGES REGARDING THE POTENTIAL FOR TERMINATION OF SERVICE;
(5) SERVICE RESTORATION PERFORMANCE AND CUSTOMER COMMUNICATION DURING
ANY OUTAGES OCCURRING IN THE PREVIOUS YEAR; AND
(6) ANY ADDITIONAL TOPICS OR INFORMATION THE COMMISSION DEEMS NECES-
SARY.
(B) NOT LESS THAN THIRTY DAYS PRIOR TO A PUBLIC HEARING UNDERTAKEN
PURSUANT TO THIS SECTION THE COMMISSION SHALL CREATE AND PUBLISH ON ITS
WEB SITE A REPORT REGARDING THE ELECTRIC CORPORATION AND ITS SERVICE
TERRITORY THAT IS THE SUBJECT OF SUCH HEARING, WHICH PROVIDES, IN DETAIL
FOR THE PREVIOUS YEAR, INFORMATION INCLUDING BUT NOT LIMITED TO:
(1) ANY COMMISSION ORDERS REGARDING RATES AND ALL OTHER DECISIONS
DETERMINED RELEVANT BY THE COMMISSION;
(2) A LIST OF ALL ENERGY EFFICIENCY PROGRAMS AND THE NUMBER OF CUSTOM-
ERS UTILIZING SAID PROGRAMS;
S. 4504--B 3
(3) THE NUMBER OF CUSTOMERS WHO HAVE FALLEN INTO ARREARS OVER THE LAST
YEAR AND THE NUMBER OF CUSTOMERS WHOSE SERVICE WAS SUSPENDED AND/OR
TERMINATED DUE TO ARREARS;
(4) THE NUMBER OF WIDESPREAD OUTAGES THAT HAVE OCCURRED IN THE SERVICE
TERRITORY OF THE ELECTRIC CORPORATION DUE TO STORMS OR OTHER CAUSES
BEYOND THE CONTROL OF THE ELECTRIC CORPORATION IN THE LAST YEAR, THE
NUMBER OF CUSTOMERS AFFECTED BY EACH OUTAGE, THE DURATION OF EACH OUTAGE
AND THE CAUSE OF EACH OUTAGE; AND
(5) ANY OTHER INFORMATION THE COMMISSION DETERMINES IS RELEVANT TO THE
SERVICE TERRITORY.
(C) THE COMMISSION SHALL ALSO PUBLISH THE ANNUAL REPORT SUBMITTED
PURSUANT TO SUBDIVISION SIX OF SECTION SIXTY-SIX OF THIS ARTICLE BY THE
RESPECTIVE ELECTRIC CORPORATION ON THE COMMISSION'S WEB SITE.
S 2. This act shall take effect January 1, 2014.