NY State Senate Bill 2025-S9976

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 20, 2026	referred to energy and telecommunications

2025-S9976 (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §§66 & 89-c, Pub Serv L

2025-S9976 (ACTIVE) - Summary

Allows settlement discussions before the public service commission to be determined publicly.

2025-S9976 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9976

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the public service law, in relation to allowing issues
before the public service commission to be determined publicly rather
than through settlement discussions not open to the public

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill ensures greater transparency and accountability in rate
proceedings before the New York State Public Service Commission by
allowing parties to remove substantive issues from closed settlement
negotiations and require their resolution through a public litigation
process.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends section 66 of the public service law by
adding a new subdivision 33 to establish a formal process by which any
party to a rate proceeding may move to sever substantive issues from the

settlement process. The bill defines timelines for filing such motions,
responses, and rulings by the presiding administrative law judge, as
well as procedures for interlocutory review by the Commission.

If a motion is granted, the identified substantive issues may be
discussed in settlement negotiations for a limited period of sixty days.
After that period, such issues must be resolved through the formal liti-
gation process unless the moving party affirmatively waives its right to
sever.

Section two makes corresponding amendments to section 89-c of the public
service law to ensure consistency in application.

Section three provides for an effective date of 120 days after enactment
and authorizes any necessary rulemaking prior to that date.

 
JUSTIFICATION:

Rate proceedings before the Public Service Commission often rely heavily
on settlement negotiations conducted among parties behind closed doors.
While settlements can promote efficiency, they can also limit transpar-
ency and reduce public confidence in outcomes that directly affect util-
ity rates, service quality, and economic fairness across New York.

This bill strikes a careful balance between efficiency and transparency
by preserving the settlement process, while also ensuring that any party
has the right to require that substantive issues supported by evidence
and legal argument be adjudicated through an open, on-the-record proc-
ess. By doing so, the legislation promotes greater accountability,
strengthens due process protections, and ensures that significant issues
affecting ratepayers and small businesses are not resolved exclusively
through opaque negotiations.

The bill is crucial for smaller stakeholders and consumer represen-
tatives, who may otherwise lack the leverage to ensure that their
concerns are fully aired and publicly considered. By allowing for sever-

ance of substantive issues, the legislation ensures that meaningful
participation in Commission proceedings is preserved and respected.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None to minimal. Any additional administrative costs associated with
increased litigation of issues are expected to be absorbed within exist-
ing resources.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become law.

2025-S9976 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9976
 
                             I N  S E N A T E
 
                              April 20, 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 allowing issues
   before the public service commission to be determined publicly  rather
   than through settlement discussions not open to the public

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 66 of the public service law is amended by adding a
 new subdivision 33 to read as follows:
   33. (A) IN ANY RATE PROCEEDING, ANY  PARTY  MAY  SEEK  TO  SEVER  FROM
 CONSIDERATION  IN  THE  SETTLEMENT  PROCESS  OR  INCLUSION  IN ANY JOINT
 PROPOSAL ANY SUBSTANTIVE ISSUE THAT IT DISCUSSED IN ITS DIRECT TESTIMONY
 THROUGH A MOTION TO THE PRESIDING ADMINISTRATIVE LAW JUDGE THAT IS FILED
 NO LATER THAN TEN DAYS AFTER THE LAST PERMITTED DATE FOR THE  FILING  OF
 REPLY  TESTIMONY  BY PARTIES. SUCH MOTION SHALL INDICATE THE SUBSTANTIVE
 ISSUE OR ISSUES FOR WHICH THE  MOVING  PARTY  SEEKS  SEVERANCE  AND  THE
 RELATED  PAGE  NUMBERS IN THE MOVING PARTY'S TESTIMONY. PARTIES MAY FILE
 RESPONSIVE MOTIONS WITHIN TEN DAYS SUPPORTING OR CHALLENGING THE  MOVING
 PARTY'S  ASSERTION THAT IT DEVELOPED THE IDENTIFIED SUBSTANTIVE ISSUE OR
 ISSUES IN ITS DIRECT TESTIMONY. THE PRESIDING ADMINISTRATIVE  LAW  JUDGE
 SHALL  ISSUE  A  WRITTEN  RULING WITHIN FIFTEEN DAYS AFTER THE FILING OF
 RESPONSES THAT PROVIDES THE REASONS FOR CONCLUDING THAT THE MOVING PARTY
 DID OR DID NOT PROVIDE A SUBSTANTIVE ISSUE OR SUBSTANTIVE ISSUES IN  ITS
 TESTIMONY.  THE  MOVING  PARTY MAY APPEAL THE ADMINISTRATIVE LAW JUDGE'S
 DECISION TO THE COMMISSION THROUGH A REQUEST  FOR  INTERLOCUTORY  REVIEW
 PURSUANT TO THE DEPARTMENT'S RULES.
   (B)  UPON  THE GRANTING OF THE MOTION BY THE ADMINISTRATIVE LAW JUDGE,
 OR OF THE REQUEST FOR INTERLOCUTORY REVIEW BY THE COMMISSION, THE  IDEN-
 TIFIED  SUBSTANTIVE ISSUE OR ISSUES MAY BE DISCUSSED IN SETTLEMENT NEGO-
 TIATIONS DURING THE FIRST SIXTY DAYS AFTER THE  FORMAL  COMMENCEMENT  OF
 SETTLEMENT  NEGOTIATIONS.  AFTER SIXTY DAYS HAVE ELAPSED, DISPOSITION OF
 THE SUBSTANTIVE ISSUES OR ISSUES SHALL  BE  SUBJECT  TO  THE  LITIGATION
 PROCESS ONLY UNLESS THE MOVING PARTY ADVISES THE PARTIES, ADMINISTRATIVE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15110-01-6
 S. 9976                             2
 
 LAW  JUDGE,  AND COMMISSION IN WRITING THAT IT WAIVES ITS RIGHT TO SEVER
 THE IDENTIFIED SUBSTANTIVE ISSUE OR ISSUES FROM THE  SETTLEMENT  PROCESS
 AND AGREES TO ALLOW DISCUSSION OF SUCH ISSUES IN SETTLEMENT NEGOTIATIONS
 AND  POTENTIAL INCLUSION IN A JOINT PROPOSAL. WAIVING THE RIGHT TO SEVER
 DOES NOT PRECLUDE THE MOVING  PARTY  FROM  OBJECTING  TO  ANY  PROVISION
 INCLUDED IN A FILED JOINT PROPOSAL.
   (C)  AS  USED  IN THIS SUBDIVISION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (I) "JOINT PROPOSAL" SHALL  MEAN  A  NEGOTIATED  SETTLEMENT  AGREEMENT
 SIGNED BY TWO OR MORE PARTIES IN A RATE PROCEEDING.
   (II)  "INTERLOCUTORY  REVIEW"  SHALL  MEAN  A MOTION TO THE COMMISSION
 REQUESTING REVIEW OF A RULING BY AN ADMINISTRATIVE LAW JUDGE.
   (III) THE "MOVING PARTY" SHALL MEAN THE PARTY WHO SEEKS  SEVERANCE  OF
 AN ISSUE OR ISSUES UNDER THIS SUBDIVISION.
   (IV)  "PARTY"  SHALL  MEAN  ANY  PARTY TO A COMMISSION RATE PROCEEDING
 OTHER THAN THE DEPARTMENT OR THE UTILITY.
   (V) "SETTLEMENT PROCESS" SHALL MEAN A SET OF  FORMAL  NEGOTIATIONS  OF
 THE  PARTIES ORGANIZED BY THE DEPARTMENT THAT IS INTENDED TO RESOLVE ALL
 OR SOME OF THE ISSUES IN  ANY  RATE  PROCEEDING  AND  LEAD  TO  A  JOINT
 PROPOSAL.
   (VI)  "SUBSTANTIVE  ISSUE" SHALL MEAN AN ISSUE IN WHICH TESTIMONY BY A
 MOVING PARTY CONTAINS ALLEGATIONS OF FACTS OR LAW, WHICH, AFTER  FURTHER
 DEVELOPMENT  THROUGH THE LITIGATION PROCESS, INCLUDING EVIDENTIARY HEAR-
 INGS, INTERROGATORIES OR DISCOVERY, MAY BE MATERIAL TO THE RESOLUTION OF
 THE ISSUE IN THE RECOMMENDED DECISION OR FINAL ORDER. THE INTENT OF THIS
 DEFINITION IS TO PERMIT ANY ALLEGATION  OF  FACT  WITH  ANY  EVIDENTIARY
 SUPPORT  OR  LEGAL CLAIM TO MEET THIS STANDARD; WHERE THE ISSUE CONCERNS
 AT LEAST IN PART A FACTUAL ALLEGATION,  ONLY  CONCLUSORY  ASSERTIONS  OF
 FACT WITHOUT ANY EVIDENTIARY SUPPORT IN THE MOVING PARTY'S TESTIMONY ARE
 NOT SUBSTANTIVE.
   § 2. Section 89-c of the public service law is amended by adding a new
 subdivision 18 to read as follows:
   18.  (A)  IN  ANY  RATE  PROCEEDING,  ANY PARTY MAY SEEK TO SEVER FROM
 CONSIDERATION IN THE  SETTLEMENT  PROCESS  OR  INCLUSION  IN  ANY  JOINT
 PROPOSAL ANY SUBSTANTIVE ISSUE THAT IT DISCUSSED IN ITS DIRECT TESTIMONY
 THROUGH A MOTION TO THE PRESIDING ADMINISTRATIVE LAW JUDGE THAT IS FILED
 NO  LATER  THAN TEN DAYS AFTER THE LAST PERMITTED DATE FOR THE FILING OF
 REPLY TESTIMONY BY PARTIES. SUCH MOTION SHALL INDICATE  THE  SUBSTANTIVE
 ISSUE  OR  ISSUES  FOR  WHICH  THE  MOVING PARTY SEEKS SEVERANCE AND THE
 RELATED PAGE NUMBERS IN THE MOVING PARTY'S TESTIMONY. PARTIES  MAY  FILE
 RESPONSIVE  MOTIONS WITHIN TEN DAYS SUPPORTING OR CHALLENGING THE MOVING
 PARTY'S ASSERTION THAT IT DEVELOPED THE IDENTIFIED SUBSTANTIVE ISSUE  OR
 ISSUES  IN  ITS DIRECT TESTIMONY. THE PRESIDING ADMINISTRATIVE LAW JUDGE
 SHALL ISSUE A WRITTEN RULING WITHIN FIFTEEN DAYS  AFTER  THE  FILING  OF
 RESPONSES THAT PROVIDES THE REASONS FOR CONCLUDING THAT THE MOVING PARTY
 DID  OR DID NOT PROVIDE A SUBSTANTIVE ISSUE OR SUBSTANTIVE ISSUES IN ITS
 TESTIMONY. THE MOVING PARTY MAY APPEAL THE  ADMINISTRATIVE  LAW  JUDGE'S
 DECISION  TO  THE  COMMISSION THROUGH A REQUEST FOR INTERLOCUTORY REVIEW
 PURSUANT TO THE DEPARTMENT'S RULES.
   (B) UPON THE GRANTING OF THE MOTION BY THE ADMINISTRATIVE  LAW  JUDGE,
 OR  OF THE REQUEST FOR INTERLOCUTORY REVIEW BY THE COMMISSION, THE IDEN-
 TIFIED SUBSTANTIVE ISSUE OR ISSUES MAY BE DISCUSSED IN SETTLEMENT  NEGO-
 TIATIONS  DURING  THE  FIRST SIXTY DAYS AFTER THE FORMAL COMMENCEMENT OF
 SETTLEMENT NEGOTIATIONS. AFTER SIXTY DAYS HAVE ELAPSED,  DISPOSITION  OF
 THE  SUBSTANTIVE  ISSUES  OR  ISSUES  SHALL BE SUBJECT TO THE LITIGATION
 PROCESS ONLY UNLESS THE MOVING PARTY ADVISES THE PARTIES, ADMINISTRATIVE
 S. 9976                             3
 
 LAW JUDGE, AND COMMISSION IN WRITING THAT IT WAIVES ITS RIGHT  TO  SEVER
 THE  IDENTIFIED  SUBSTANTIVE ISSUE OR ISSUES FROM THE SETTLEMENT PROCESS
 AND AGREES TO ALLOW DISCUSSION OF SUCH ISSUES IN SETTLEMENT NEGOTIATIONS
 AND  POTENTIAL INCLUSION IN A JOINT PROPOSAL. WAIVING THE RIGHT TO SEVER
 DOES NOT PRECLUDE THE MOVING  PARTY  FROM  OBJECTING  TO  ANY  PROVISION
 INCLUDED IN A FILED JOINT PROPOSAL.
   (C)  AS  USED  IN THIS SUBDIVISION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (I) "JOINT PROPOSAL" SHALL  MEAN  A  NEGOTIATED  SETTLEMENT  AGREEMENT
 SIGNED BY TWO OR MORE PARTIES IN A RATE PROCEEDING.
   (II)  "INTERLOCUTORY  REVIEW"  SHALL  MEAN  A MOTION TO THE COMMISSION
 REQUESTING REVIEW OF A RULING BY AN ADMINISTRATIVE LAW JUDGE.
   (III) THE "MOVING PARTY" SHALL MEAN THE PARTY WHO SEEKS  SEVERANCE  OF
 AN ISSUE OR ISSUES UNDER THIS SUBDIVISION.
   (IV)  "PARTY"  SHALL  MEAN  ANY  PARTY TO A COMMISSION RATE PROCEEDING
 OTHER THAN THE DEPARTMENT OR THE UTILITY.
   (V) "SETTLEMENT PROCESS" SHALL MEAN A SET OF  FORMAL  NEGOTIATIONS  OF
 THE  PARTIES ORGANIZED BY THE DEPARTMENT THAT IS INTENDED TO RESOLVE ALL
 OR SOME OF THE ISSUES IN  ANY  RATE  PROCEEDING  AND  LEAD  TO  A  JOINT
 PROPOSAL.
   (VI)  "SUBSTANTIVE  ISSUE" SHALL MEAN AN ISSUE IN WHICH TESTIMONY BY A
 MOVING PARTY CONTAINS ALLEGATIONS OF FACTS OR LAW, WHICH, AFTER  FURTHER
 DEVELOPMENT  THROUGH THE LITIGATION PROCESS, INCLUDING EVIDENTIARY HEAR-
 INGS, INTERROGATORIES OR DISCOVERY, MAY BE MATERIAL TO THE RESOLUTION OF
 THE ISSUE IN THE RECOMMENDED DECISION OR FINAL ORDER. THE INTENT OF THIS
 DEFINITION IS TO PERMIT ANY ALLEGATION  OF  FACT  WITH  ANY  EVIDENTIARY
 SUPPORT  OR  LEGAL CLAIM TO MEET THIS STANDARD; WHERE THE ISSUE CONCERNS
 AT LEAST IN PART A FACTUAL ALLEGATION,  ONLY  CONCLUSORY  ASSERTIONS  OF
 FACT WITHOUT ANY EVIDENTIARY SUPPORT IN THE MOVING PARTY'S TESTIMONY ARE
 NOT SUBSTANTIVE.
   § 3. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law and shall apply to public service commission
 proceedings initiated on or after such date. Effective immediately,  the
 addition,  amendment  and/or  repeal of any rule or regulation necessary
 for the implementation of this act on its effective date are  authorized
 to be made and completed on or before such effective date.

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Senate Bill S9976

Sponsored By

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

Actions

2025-S9976 (ACTIVE) - Details

2025-S9976 (ACTIVE) - Summary

2025-S9976 (ACTIVE) - Sponsor Memo

2025-S9976 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Leroy Comrie

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

Actions

2025-S9976 (ACTIVE) - Details

2025-S9976 (ACTIVE) - Summary

2025-S9976 (ACTIVE) - Sponsor Memo

2025-S9976 (ACTIVE) - Bill Text download pdf

Comments