S T A T E O F N E W Y O R K
________________________________________________________________________
5203
2017-2018 Regular Sessions
I N S E N A T E
March 15, 2017
___________
Introduced by Sen. FUNKE -- 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 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.
3. FOR THE PURPOSES OF PROVIDING NOTICE AND SOLICITING PUBLIC
COMMENTS, AT LEAST THIRTY DAYS PRIOR TO THE PUBLIC STATEMENT HEARING OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10666-01-7
S. 5203 2
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 immediately.
