S T A T E   O F   N E W   Y O R K
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                                  6534

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 26, 2015
                               ___________

Introduced by M. of A. THIELE -- read once and referred to the Committee
  on Corporations, Authorities and Commissions

AN  ACT  to  amend  the  public  service law, in relation to the general
  powers of the Long Island office of the department of  public  service
  to review the rates and charges of the Long Island Power Authority

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

  Section 1. Paragraph (a) of subdivision 3 of section 3-b of the public
service law, as added by section 1 of part A of chapter 173 of the  laws
of 2013, is amended to read as follows:
  (a)  Review  and  make recommendations to the board of the Long Island
power authority with respect to the rates and charges, including charges
related to energy efficiency and renewable energy programs, to be estab-
lished by the authority and become applicable on or after January first,
two thousand sixteen pursuant to subdivision (u) of section one thousand
twenty-f of the public authorities law.
  (i) The purpose of such review is to make recommendations designed  to
ensure  that  the  authority  and  the service provider provide safe and
adequate transmission and distribution  service  at  rates  set  at  the
lowest level consistent with sound fiscal operating practices.
  (ii) The department's recommendations shall be designed to be consist-
ent  with  ensuring  that  the revenue requirements related to such rate
review are  sufficient  to  satisfy  the  authority's  obligations  with
respect to its bonds, notes and all other contracts.
  (iii)  [In the context of such review, the department may not make any
recommendation that would  modify  the  compensation  or  fee  structure
included  within  the  operations services agreement]  IN THE CONTEXT OF
SUCH REVIEW, THE DEPARTMENT MAY MAKE RECOMMENDATIONS WITH REGARD TO  THE
COMPENSATION  OR  FEE  STRUCTURE INCLUDED WITHIN THE OPERATIONS SERVICES
AGREEMENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10148-01-5

              

A. 6534                             2

  (iv) In undertaking such review and in making recommendations  related
to the proposed rates and charges, the department shall establish stand-
ards,  policies  and  procedures  that, at a minimum, provide for public
statement and evidentiary hearings and participation of intervenors  and
other  parties, and ensure that any final recommendations related to the
proposed rates and charges are provided  to  the  authority  within  two
hundred forty days of the filing with the department of such plan.
  (v)  The parties to any such rate review proceeding shall include, but
not be limited to, department staff, the authority, the service provider
and, to the extent it deems necessary or appropriate, the utility inter-
vention unit.
  S 2. This act shall take effect immediately.