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This entry was published on 2022-04-01
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SECTION 1020-S
Public service law generally not applicable to authority; inconsistent provisions in certain other acts superseded
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 1-A
* § 1020-s. Public service law generally not applicable to authority;
inconsistent provisions in certain other acts superseded. 1. The rates,
services and practices relating to the electricity generated by
facilities owned or operated by the authority shall not be subject to
the provisions of the public service law or to regulation by, or the
jurisdiction of, the public service commission, except to the extent (a)
article seven of the public service law applies to the siting and
operation of a major utility transmission facility as defined therein,
(b) article ten of such law applies to the siting of a generating
facility as defined therein, (c) section eighteen-a of such law provides
for assessment for certain costs, property or operations, (d) to the
extent that the department of public service reviews and makes
recommendations with respect to the operations and provision of services
of, and rates and budgets established by, the authority pursuant to
section three-b of such law, (e) that section seventy-four of the public
service law applies to qualified energy storage systems within the
authority's jurisdiction, and (f) that section seventy-four-b of the
public service law applies to Long Island community choice aggregation
programs.

2. The issuance by the authority of its obligations to acquire the
securities or assets of LILCO shall be deemed not to be "state action"
within the meaning of the state environmental quality review act, and
such act shall not be applicable in any respect to such acquisition or
any action of the authority to effect such acquisition.

3. In the event that a comprehensive and regular management and
operations audit, as provided by subdivision (bb) of section one
thousand twenty-f of this article, indicates a finding of fraud, abuse,
or mismanagement by a service provider of the authority, and upon a
finding by the public service commission that reasonable cause exists
for the basis of such indication, the public service commission may
order that any recommendations contained in the regular management and
operations audit be implemented. The public service commission may also
provide in their order, the date in which any recommendation must be
fully implemented. Failure to comply with any such order can result in
the imposition of a civil penalty by the public service commission
against the service provider or revocation of the service provider's
authority to operate within the state.

* NB There are 2 § 1020-s's