senate Bill S608

2013-2014 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
Jan 08, 2014 referred to energy and telecommunications
Jan 09, 2013 referred to energy and telecommunications

Co-Sponsors

S608 - Bill Details

See Assembly Version of this Bill:
A647
Current Committee:
Senate Energy And Telecommunications
Law Section:
Public Service Law
Laws Affected:
Amd ยง66, Pub Serv L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4230, A2364
2009-2010: A1595A

S608 - 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.

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BILL NUMBER:S608

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:
2012: Senate Bill
4230 (Gianaris) - Died in Senate Rules Committee
2012: Assembly Bill
2364 (Hevesi) - Died in Assembly Codes
Committee
2010: Assembly Bill
1595-A (Gianaris) - Died in Assembly Rules
Committee
2008: Assembly Bill
8623-A (Gianaris) - Died in Assembly
Codes Committee

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
________________________________________________________________________

                                   608

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01847-01-3

S. 608                              2

franchise stated to be owned was acquired;  and  (g)  such  other  facts
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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