Senate Bill S10447

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10447
 
                             I N  S E N A T E
 
                               May 15, 2026
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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 ensuring timely
   rulings on motions and petitions in rate and non-rate cases
 
   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
 28 to read as follows:
   § 28. PLEADINGS PRACTICE.  1. FOR THE PURPOSES OF  THIS  SECTION,  THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "PROCEEDING" SHALL MEAN ANY FORMAL OR INFORMAL MATTER, CASE, RULE-
 MAKING,  RATE PROCEEDING, GENERIC PROCEEDING, OR ANY OTHER ACTION OF THE
 COMMISSION OR THE DEPARTMENT OR ANY COMPONENT OF A PROCEEDING  THAT  MAY
 RESULT  IN DECISIONS BY THE COMMISSION OR RECOMMENDATIONS TO THE COMMIS-
 SION. SUCH TERM SHALL INCLUDE EVIDENTIARY HEARINGS CONDUCTED PURSUANT TO
 SECTION SIXTY-SIX OF THIS CHAPTER.
   (B) "FINAL RESPONSIVE PAPERS" SHALL MEAN A REPLY  TO  A  PLEADING,  OR
 SURREPLY IF ALLOWED BY THE PRESIDING ADMINISTRATIVE LAW JUDGE OR JUDGES,
 SECRETARY  TO  THE COMMISSION, OR THE COMMISSION, THAT IS FILED WITH THE
 SECRETARY OF THE COMMISSION WITHIN THE TIMEFRAME SPECIFIED IN THE  RULES
 AND REGULATIONS OF THE DEPARTMENT, OR IF NO SUCH RULE COVERS THE TYPE OF
 PLEADING, REPLY, OR SURREPLY, THEN THE TIME SHALL BE THIRTY DAYS.
   (C) "PETITION" SHALL MEAN A FORMAL, WRITTEN APPLICATION TO THE COMMIS-
 SION  REQUESTING ACTION ON A CERTAIN MATTER INCLUDING BUT NOT LIMITED TO
 INSTITUTION OF A PROCEEDING ON A PARTICULAR SUBJECT, ADDING A PARTICULAR
 SUBJECT TO AN ONGOING PROCEEDING IF AN ADMINISTRATIVE LAW JUDGE HAS  NOT
 BEEN  ASSIGNED TO PRESIDE OVER SUCH PROCEEDING, INTERLOCUTORY REVIEW, OR
 SEEKING REHEARING OF A COMMISSION DECISION.
   (D) "INTERLOCUTORY REVIEW" MEANS A PLEADING TO THE COMMISSION REQUEST-
 ING REVIEW OF A RULING BY ADMINISTRATIVE LAW JUDGES OR THE SECRETARY  TO
 THE COMMISSION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15108-02-6
 S. 10447                            2
              

 
   (E) "REHEARING" MEANS A PETITION ASSERTING THE COMMISSION COMMITTED AN
 ERROR  OF  LAW  OR  FACT  OR  THAT NEW CIRCUMSTANCES WARRANT A DIFFERENT
 DETERMINATION.
   (F) "MOTION" MEANS AN APPLICATION MADE TO THE PRESIDING ADMINISTRATIVE
 LAW  JUDGE OR JUDGES, SECRETARY TO THE COMMISSION, OR THE COMMISSION FOR
 THE PURPOSE OF OBTAINING A RULING OR ORDER DIRECTING SOME ACT TO BE DONE
 IN FAVOR OF THE APPLICANT.
   2. ADMINISTRATIVE LAW JUDGE OR JUDGES PRESIDING OVER RATE  PROCEEDINGS
 SHALL  RULE  ON  MOTIONS  WITHIN  FIFTEEN DAYS AFTER SUBMISSION OF FINAL
 RESPONSIVE PAPERS BY THE PARTIES.
   3. ADMINISTRATIVE LAW JUDGE OR JUDGES, THE SECRETARY  TO  THE  COMMIS-
 SION,  OR  THE  COMMISSION  PRESIDING  OVER  PROCEEDINGS OTHER THAN RATE
 PROCEEDINGS SHALL RULE ON MOTIONS WITHIN THIRTY DAYS AFTER SUBMISSION OF
 FINAL RESPONSIVE PAPERS BY THE PARTIES.
   4. THE COMMISSION SHALL RULE ON REQUESTS FOR INTERLOCUTORY REVIEW OF A
 RULING BY ADMINISTRATIVE LAW JUDGES OR BY THE SECRETARY TO  THE  COMMIS-
 SION  WITHIN TEN DAYS AFTER SUBMISSION OF FINAL RESPONSIVE PAPERS BY THE
 PARTIES.
   5. THE COMMISSION SHALL RULE ON REQUESTS FOR REHEARING  WITHIN  FORTY-
 FIVE DAYS AFTER SUBMISSION OF FINAL RESPONSIVE PAPERS BY THE PARTIES.
   6.  THE  COMMISSION  SHALL  RULE  ON  PETITIONS  FOR  INSTITUTION OF A
 PROCEEDING ON A PARTICULAR SUBJECT, OR ADDING A PARTICULAR SUBJECT TO AN
 ONGOING PROCEEDING, IF AN ADMINISTRATIVE LAW JUDGE HAS NOT BEEN ASSIGNED
 TO PRESIDE OVER SUCH PROCEEDING, WITHIN SIXTY DAYS AFTER  SUBMISSION  OF
 FINAL RESPONSIVE PAPERS BY THE PARTIES.
   7.  IF  NONE OF THE ADMINISTRATIVE LAW JUDGES ASSIGNED TO THE PROCEED-
 ING, OR THE SECRETARY TO THE COMMISSION, RULES WITHIN THE TIMEFRAME  SET
 FORTH IN SUBDIVISION TWO OR THREE OF THIS SECTION, WHICHEVER IS APPLICA-
 BLE,  THEN  THE  PARTY MAKING THE MOTION MAY NOTIFY THE SECRETARY TO THE
 COMMISSION IN WRITING.  WITHIN FIVE DAYS OF RECEIVING SUCH  NOTICE,  THE
 COMMISSION SHALL, AT ITS DISCRETION, ASSIGN ANOTHER ADMINISTRATIVE JUDGE
 TO  DECIDE  ON THE MOTION, DIRECT THE ORIGINAL ADMINISTRATIVE LAW JUDGE,
 OR THE SECRETARY TO THE COMMISSION, TO WHICH THE MOTION IS  DIRECTED  TO
 DECIDE  THE  MOTION,  OR DECIDE THE MOTION ITSELF. IN ANY SUCH CASE, THE
 RULING SHALL BE MADE WITHIN TEN DAYS. FAILURE TO ISSUE A  RULING  WITHIN
 THE  APPLICABLE  TIMEFRAME SHALL CONSTITUTE CONSTRUCTIVE GRANTING OF THE
 MOTION.
   8. THE COMMISSION SHALL BE EMPOWERED TO ISSUE  RULES  CONSISTENT  WITH
 THIS  SECTION, INCLUDING IDENTIFYING THE PLEADINGS THAT SHALL BE SUBMIT-
 TED BY THE PARTIES, AND WHEN THE PLEADING PROCESS IS FINAL  SUCH  AS  TO
 TRIGGER  THE  MANDATES  SET FORTH IN SUBDIVISIONS TWO, THREE, FOUR, FIVE
 AND SIX OF THIS SECTION.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.