S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2173
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced  by  M.  of  A.  MAYER, OTIS, JAFFEE, CAHILL, ROZIC, GUNTHER,
   ZEBROWSKI, PERRY, CRESPO, LUPARDO, FAHY, TITUS --  Multi-Sponsored  by
   --  M.  of A.  BRAUNSTEIN, RIVERA, THIELE -- read once and referred to
   the Committee on Corporations, Authorities and Commissions
 
 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-o to read as follows:
   § 66-O. 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02683-01-7
              

 A. 2173                             2
 
   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,
 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.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.