Senate Bill S2147

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2147
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 22, 2019
                                ___________
 
 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 requiring annual
   reviews of multi-year rate plans
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (f) of subdivision 12 of section 66 of the public
 service  law,  as amended by chapter 154 of the laws of 1989, is amended
 to read as follows:
   (f) Whenever there shall be filed with the commission by  any  utility
 any  schedule stating a new rate or charge, or any change in any form of
 contract or agreement or any rule or regulation relating  to  any  rate,
 charge  or service, or in any general privilege or facility, the commis-
 sion may, at any time within sixty days from the date when such schedule
 would or has become effective, either upon complaint  or  upon  its  own
 initiative,  and, if it so orders, without answer or other formal plead-
 ing by the utility, but upon reasonable notice, hold a hearing  concern-
 ing  the propriety of a change proposed by the filing. If such change is
 a major change, the commission shall hold such a hearing.  Pending  such
 hearing  and  decision  thereon,  the  commission, upon filing with such
 schedule and delivering to the utility, a statement in  writing  of  its
 reasons  therefor,  may  suspend the operation of such schedule, but not
 for a longer period than one hundred and twenty  days  beyond  the  time
 when  it  would  otherwise  go  into effect. After full hearing, whether
 completed before or after the schedule goes into effect, the  commission
 may  make  such  order  in  reference  thereto  as  would be proper in a
 proceeding begun after the rate, charge, form of contract or  agreement,
 rule,  regulation,  service,  general  privilege  or facility had become
 effective. If any such hearing cannot be concluded within the period  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04053-01-9
              

 S. 2147                             2
 
 suspension as above stated, the commission may extend the suspension for
 a further period, not exceeding six months.
   IF ANY SUCH SCHEDULE IS BASED ON PROJECTIONS OF REVENUES, EXPENDITURES
 AND  UTILITY  OPERATIONS  FOR A PERIOD OF MORE THAN EIGHTEEN MONTHS, THE
 COMMISSION SHALL ORDER THAT SUCH SCHEDULE INCLUDE ANNUAL PROJECTIONS  OR
 REVENUES AND EXPENDITURES AND BENCHMARKS FOR MAINTENANCE AND OPERATIONS,
 SERVICE   QUALITY  AND SUCH OTHER PROJECTIONS AS THE COMMISSION MAY DEEM
 APPROPRIATE, AND SHALL COMMENCE A PROCEEDING  TO  REVIEW  THE  CONTINUED
 VALIDITY  OF SUCH PROJECTIONS NOT MORE THAN THREE MONTHS AFTER THE ANNI-
 VERSARY  DATE OF THE DATE SUCH SCHEDULE BECAME EFFECTIVE. ALL PARTIES TO
 THE  PROCEEDING AT WHICH THE SCHEDULE WAS ORIGINALLY CONSIDERED SHALL BE
 ENTITLED TO  PARTY STATUS IN THE REVIEW PROCEEDING;  PROVIDED,  HOWEVER,
 THAT  NOTHING  IN  THIS PARAGRAPH SHALL PRECLUDE THE ADMISSION  OF ADDI-
 TIONAL PERSONS TO THE PROCEEDING IF  THEIR  INTERVENTION  IS  LIKELY  TO
 CONTRIBUTE  TO   THE  DEVELOPMENT  OF A COMPLETE RECORD OR IS  OTHERWISE
 FAIR AND IN THE  PUBLIC INTEREST.  UPON A DETERMINATION THAT ANY OF  THE
 PROJECTIONS WAS NOT MET OR IS IN NEED OF RECONSIDERATION, THE COMMISSION
 MAY  MAKE  SUCH  ORDERS  AS  IT  DEEMS  APPROPRIATE. A REVIEW PROCEEDING
 COMMENCED PURSUANT TO THIS PARAGRAPH  MAY  BE  DEEMED  TO  CONSTITUTE  A
 PROCEEDING  UNDERTAKEN  PURSUANT  TO SUBDIVISION TWENTY OF THIS SECTION.
 SIMILAR REVIEW PROCEEDINGS SHALL BE COMMENCED NOT MORE THAN THREE MONTHS
 AFTER ANY SUBSEQUENT ANNIVERSARY DATE OF THE ORIGINAL SCHEDULE'S  EFFEC-
 TIVE  DATE,  PROVIDED, HOWEVER, THAT SUCH PROCEEDINGS SHALL CONSIDER ANY
 REVISED PROJECTIONS ORDERED IN PRIOR REVIEW PROCEEDINGS.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately,  the  public  service
 commission  is  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.