Bill Text: NY A06502 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Enacts the "utility preparedness act of 2014"; requires the commission to issue an order establishing and requiring compliance with power restoration performance standards for certain electric companies to reduce the duration of outages and disruptions and to facilitate restoration of power after outages and disruptions.

Spectrum: Moderate Partisan Bill (Democrat 17-2)

Status: (Introduced - Dead) 2014-01-28 - print number 6502a [A06502 Detail]

Download: New_York-2013-A06502-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6502
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     April 4, 2013
                                      ___________
       Introduced  by  M.  of  A.  MAYER,  BRAUNSTEIN, BUCHWALD, GALEF, LAVINE,
         ORTIZ, RAIA, ROZIC, SCHIMEL, TITONE, OTIS -- Multi-Sponsored by --  M.
         of  A.  COOK,  GUNTHER, PERRY, RIVERA, SALADINO, THIELE, WEISENBERG --
         read once and referred to the Committee on  Corporations,  Authorities
         and Commissions
       AN ACT to amend the public service law, in relation to utility prepared-
         ness for outages and disruptions of service
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. This act shall be known and may be cited  as  the  "utility
    2  preparedness act of 2013".
    3    S 2. The public service law is amended by adding a new section 66-n to
    4  read as follows:
    5    S  66-N.  UTILITY PREPAREDNESS FOR OUTAGES AND DISRUPTIONS OF SERVICE.
    6  1.  DEFINITIONS. AS USED IN THIS SECTION:
    7    (A) "ELECTRIC TRANSMISSION AND DISTRIBUTION COMPANY" OR  "TRANSMISSION
    8  AND  DISTRIBUTION  COMPANY"  OR  "COMPANY" SHALL MEAN: AN INVESTOR-OWNED
    9  UTILITY HAVING ANNUAL REVENUES IN EXCESS OF TWO HUNDRED MILLION  DOLLARS
   10  THAT TRANSMITS AND DISTRIBUTES ELECTRICITY WITHIN THIS STATE.
   11    (B)   "VEGETATION  MANAGEMENT"  SHALL  MEAN:  PROGRAMS  AND  PRACTICES
   12  DESIGNED TO PREVENT ELECTRIC SYSTEM DISRUPTIONS OR POWER OUTAGES  CAUSED
   13  BY  THE  PHYSICAL  INTERFERENCE  OR COLLAPSE OF TREES, TREE BRANCHES AND
   14  OTHER VEGETATION ON ELECTRIC TRANSMISSION AND DISTRIBUTION LINES.
   15    2. TRANSMISSION AND DISTRIBUTION COMPANY  PERFORMANCE  BENCHMARKS  AND
   16  STANDARDS.    (A) NO LATER THAN ONE YEAR FOLLOWING THE EFFECTIVE DATE OF
   17  THIS SECTION, THE COMMISSION SHALL ESTABLISH, AND EACH TRANSMISSION  AND
   18  DISTRIBUTION  COMPANY  IS  REQUIRED  TO  COMPLY  WITH, POWER RESTORATION
   19  PERFORMANCE BENCHMARKS AND STANDARDS TO REDUCE THE DURATION  OF  OUTAGES
   20  AND  DISRUPTIONS AND TO FACILITATE RESTORATION OF POWER AFTER OUTAGES OR
   21  DISRUPTIONS. PRIOR TO ESTABLISHING SUCH BENCHMARKS  AND  STANDARDS,  THE
   22  COMMISSION  MAY  REQUIRE  COMPANIES  TO  SUBMIT  DOCUMENTS AND ANY OTHER
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09413-03-3
       A. 6502                             2
    1  INFORMATION IN THEIR POSSESSION IN ORDER TO  ASSIST  THE  COMMISSION  IN
    2  ESTABLISHING SUCH BENCHMARKS AND STANDARDS.
    3    (B)  THE  BENCHMARKS AND STANDARDS ESTABLISHED BY THE COMMISSION SHALL
    4  BE DESIGNED FOR POWER OUTAGES IN WHICH MORE THAN TEN PERCENT OF A TRANS-
    5  MISSION AND DISTRIBUTION COMPANY'S CUSTOMERS ARE WITHOUT POWER FOR  MORE
    6  THAN  FORTY-EIGHT CONSECUTIVE HOURS AND SHALL INCLUDE BUT NOT BE LIMITED
    7  TO, STANDARDS FOR:
    8    (I) MINIMUM STAFFING AND EQUIPMENT LEVELS FOR EACH COMPANY,  BASED  ON
    9  THE  NUMBER  OF  CUSTOMERS  SERVED BY SUCH COMPANY AND THE NATURE OF THE
   10  INFRASTRUCTURE DEPLOYED TO SERVE SUCH COMPANY'S CUSTOMERS IN  THE  EVENT
   11  OF AN EMERGING OR WIDE-SPREAD OUTAGE OR DISRUPTION;
   12    (II)  A  TIMETABLE  FOR RESTORATION OF POWER IN OUTAGES AFFECTING MORE
   13  THAN TEN PERCENT, THIRTY PERCENT, FIFTY PERCENT AND SEVENTY  PERCENT  OF
   14  SUCH COMPANY'S CUSTOMERS;
   15    (III)  A  TIMETABLE  FOR  RESTORATION OF POWER WHEN OUTAGES ARE DUE TO
   16  BLACKOUTS OF THE ENTIRE GRID;
   17    (IV) CREATION OF A COMMUNICATION PLAN BETWEEN  EACH  COMPANY  AND  ITS
   18  CUSTOMERS,  INCLUDING,  BUT  NOT  LIMITED  TO, COMMUNICATION DURING TIME
   19  PERIODS THAT ARE NOT CONSIDERED NORMAL BUSINESS HOURS;
   20    (V) SAFETY OF COMPANIES' EMPLOYEES, WORK CREWS  AND  PRIVATE  CONTRAC-
   21  TORS;
   22    (VI)  CREATION  OF  MUTUAL  AID AGREEMENTS WITH OTHER UTILITIES IN THE
   23  REGION AND, AS NEEDED, IN THE UNITED STATES AND CANADA, FOR MUTUAL STORM
   24  RESTORATION ASSISTANCE, WHICH SUCH AGREEMENTS SHALL BE  FILED  WITH  THE
   25  COMMISSION;
   26    (VII) NOTIFICATION OF THE COMMISSION AND THE PUBLIC WHEN A COMPANY HAS
   27  REQUESTED  AID  FOR  STORM  RESTORATION  ASSISTANCE FROM OTHER UTILITIES
   28  INCLUDING THE NUMBER OF WORKERS AND/OR ADDITIONAL EQUIPMENT THE  COMPANY
   29  HAS REQUESTED;
   30    (VIII)  COMMUNICATION  AND  COORDINATION  BETWEEN EACH COMPANY AND THE
   31  RELEVANT STATE, MUNICIPAL AND/OR EMERGENCY OPERATIONS  CENTER  OFFICIALS
   32  CONCERNING EMERGENCY PREPARATION, ROAD CLEARING AND THE ESTABLISHMENT OF
   33  RESTORATION PRIORITIES;
   34    (IX)  TREE  TRIMMING,  CUTTING  AND  REMOVAL  BY EACH TRANSMISSION AND
   35  DISTRIBUTION COMPANY TO REDUCE POWER OUTAGES CAUSED BY TREES AND LIMBS;
   36    (X) COMMUNICATION AND COORDINATION, AFTER CONSULTATION  WITH  THE  NEW
   37  YORK STATE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, BETWEEN
   38  EACH TRANSMISSION AND DISTRIBUTION COMPANY AND THE PUBLIC INCLUDING, BUT
   39  NOT  LIMITED TO, STANDARDS CONCERNING THE USE OF ANY EMERGENCY NOTIFICA-
   40  TION SYSTEM TO NOTIFY THE PUBLIC OF POWER  RESTORATION  STATUS  AND  ANY
   41  DANGEROUS  CONDITIONS,  INCLUDING  NOTIFICATION  METHODS  SUCH AS MOBILE
   42  TELEPHONE TEXT MESSAGES, ELECTRONIC MAIL AND  ANY  OTHER  ELECTRONIC  OR
   43  NON-ELECTRONIC MEANS THAT THE COMMISSION MAY REQUIRE;
   44    (XI) REIMBURSEMENT TO RESIDENTIAL CUSTOMERS FOR:
   45    (A)  ACTUAL LOSSES OF FOOD SPOILED DUE TO LACK OF REFRIGERATION CAUSED
   46  DURING A POWER OUTAGE LASTING FORTY-EIGHT OR MORE CONSECUTIVE HOURS WHEN
   47  GREATER THAN TEN PERCENT OF A COMPANY'S RESIDENTIAL CUSTOMERS HAVE  LOST
   48  POWER,  IN  AN  AMOUNT  UP  TO TWO HUNDRED DOLLARS UPON SUBMISSION OF AN
   49  ITEMIZED LIST AND IN AN AMOUNT OVER TWO HUNDRED DOLLARS UPON  SUBMISSION
   50  OF  AN ITEMIZED LIST AND PROOF OF LOSS, UP TO A MAXIMUM OF FOUR HUNDRED-
   51  FIFTY DOLLARS FOR ANY ONE CUSTOMER FOR  ANY  ONE  INCIDENT,  WHICH  SUCH
   52  AMOUNTS MAY BE PERIODICALLY REVIEWED AND CHANGED BY THE COMMISSION;
   53    (B)  ACTUAL LOSSES OF PERISHABLE PRESCRIPTION MEDICINE, SPOILED DUE TO
   54  LACK OF REFRIGERATION, UPON SUBMISSION OF AN ITEMIZED LIST AND PROOF  OF
   55  LOSS  AND,  IF  REQUESTED BY THE COMPANY, SUBMISSION OF AUTHORIZATION TO
   56  ENABLE THE COMPANY TO VERIFY THE CLAIMED LOSS;
       A. 6502                             3
    1    (XII) TIMELY NOTIFICATION OF POWER OUTAGES AND RESTORATION EFFORTS  BY
    2  EACH  COMPANY  TO  ANY  RELEVANT  STATE OR MUNICIPAL AGENCY OR OFFICIALS
    3  INCLUDING, BUT NOT LIMITED TO, ANY PUBLIC SAFETY AGENCY OR OFFICIALS;
    4    (XIII) THE OPERATION OF AN EMERGENCY CALL CENTER BY EACH COMPANY; AND
    5    (XIV) ANY OTHER STANDARDS THE COMMISSION DEEMS NECESSARY.
    6    (C)  THE  COMMISSION,  IN DEVELOPING ITS POWER RESTORATION PERFORMANCE
    7  BENCHMARKS AND STANDARDS PURSUANT TO PARAGRAPH (A) OF THIS  SUBDIVISION,
    8  SHALL REVIEW:
    9    (I)  EACH  TRANSMISSION  AND  DISTRIBUTION COMPANY'S CURRENT PRACTICES
   10  CONCERNING POWER RESTORATION  AFTER  AN  EMERGENCY.  SUCH  REVIEW  SHALL
   11  INCLUDE,  BUT NOT BE LIMITED TO, AN ANALYSIS OF EACH SUCH COMPANY'S: (A)
   12  ESTIMATES CONCERNING POTENTIAL DAMAGE AND POWER DISRUPTIONS  MADE  PRIOR
   13  TO  A  POTENTIAL  OUTAGE  AFFECTING MORE THAN TEN PERCENT OF A COMPANY'S
   14  CUSTOMERS FOR A PERIOD OF MORE THAN FORTY-EIGHT CONSECUTIVE  HOURS;  (B)
   15  DAMAGE AND POWER OUTAGE ASSESSMENTS AFTER ANY EMERGENCY; (C) RESTORATION
   16  MANAGEMENT  AFTER  ANY EMERGENCY, INCLUDING ACCESS TO ALTERNATE RESTORA-
   17  TION RESOURCES VIA MUTUAL AID AGREEMENTS WITH OTHER UTILITIES FOR MUTUAL
   18  STORM RESTORATION ASSISTANCE, INCLUDING THOSE ENTERED  INTO  WITH  OTHER
   19  TRANSMISSION  AND  DISTRIBUTION  COMPANIES;  (D) EACH COMPANY'S PLAN FOR
   20  AT-RISK AND VULNERABLE CUSTOMERS INCLUDING, BUT NOT LIMITED TO,  CUSTOM-
   21  ERS IDENTIFIED IN PARAGRAPHS (A) AND (B) OF SUBDIVISION THREE OF SECTION
   22  THIRTY-TWO  OF  THIS CHAPTER; (E) POLICIES CONCERNING COMMUNICATION WITH
   23  STATE AND LOCAL  OFFICIALS  AND  CUSTOMERS,  INCLUDING  NOTIFICATION  OF
   24  CUSTOMER  RESTORATION ESTIMATES AND THE TIMELINESS, ACCURACY AND USEFUL-
   25  NESS OF SUCH ESTIMATES; AND (F) NEED  FOR  MUTUAL  AID  AGREEMENTS  WITH
   26  OTHER  UTILITIES  FOR MUTUAL STORM RESTORATION INCLUDING ASSISTANCE FROM
   27  CREWS SERVING OTHER UTILITIES OR COMPANIES;
   28    (II) THE ADEQUACY OF  EACH  TRANSMISSION  AND  DISTRIBUTION  COMPANY'S
   29  INFRASTRUCTURE, FACILITIES AND EQUIPMENT, INCLUDING, BUT NOT LIMITED TO,
   30  ELECTRIC  DISTRIBUTION  LINES, ELECTRIC TRANSFORMERS AND CIRCUITS, WHICH
   31  SHALL INCLUDE AN ANALYSIS OF: (A)  WHETHER  SUCH  COMPANY  IS  FOLLOWING
   32  STANDARD  INDUSTRY  PRACTICES  FOR  OPERATION  AND  MAINTENANCE  OF SUCH
   33  INFRASTRUCTURE, FACILITIES AND EQUIPMENT; AND (B) WHETHER  SUCH  COMPANY
   34  HAS  ACCESS  TO  ADEQUATE REPLACEMENT EQUIPMENT FOR SUCH INFRASTRUCTURE,
   35  FACILITIES AND EQUIPMENT DURING THE COURSE OF A POWER  OUTAGE  AFFECTING
   36  MORE THAN TEN PERCENT OF A COMPANY'S CUSTOMERS FOR MORE THAN FORTY-EIGHT
   37  CONSECUTIVE HOURS;
   38    (III) VEGETATION MANAGEMENT POLICIES OF EACH TRANSMISSION AND DISTRIB-
   39  UTION  COMPANY  INCLUDING:  (A) EXPENDITURES FOR TREE TRIMMING AND OTHER
   40  PRACTICES TO PREVENT INTERFERENCE OF TRANSMISSION AND DISTRIBUTION LINES
   41  BY VEGETATION; (B) INCIDENCE  OF  POWER  OUTAGES  CAUSED  BY  VEGETATION
   42  INCLUDING  FALLING  TREES  AND  TREE BRANCHES CAUSED BY WEATHER OR OTHER
   43  EVENTS; AND (C) THE AMOUNT AND DURATION OF POWER OUTAGES DURING PREVIOUS
   44  MAJOR STORMS CAUSED BY TREES AND LIMBS OUTSIDE THE CURRENT RIGHT OF  WAY
   45  MANAGEMENT WITH CONSIDERATION GIVEN TO THE QUANTITY AND EFFECTIVENESS OF
   46  PRIOR TREE TRIMMING;
   47    (IV) THE IMPACT, INCLUDING, BUT NOT LIMITED TO, POTENTIAL REDUCTION OF
   48  POWER OUTAGES AND POTENTIAL COST OF BURYING POWER LINES UNDERGROUND WERE
   49  SUCH EFFORT TO BE UNDERTAKEN;
   50    (V)  THE  IMPACT  OF EXPANDING THE AREA ADJACENT TO DISTRIBUTION LINES
   51  FOR TREE TRIMMING, INCLUDING AN ANALYSIS OF THE BENEFITS AND  THE  COSTS
   52  OF  SUCH  EXPANSION TO RATEPAYERS AND THE LIKELIHOOD THAT SUCH EXPANSION
   53  WOULD DECREASE DAMAGE TO INFRASTRUCTURE, FACILITIES AND  EQUIPMENT  USED
   54  TO  DISTRIBUTE  ELECTRICITY AND DECREASE POWER OUTAGE FREQUENCY OR DURA-
   55  TION; AND
       A. 6502                             4
    1    (VI) ANY OTHER POLICY OR PRACTICE THE COMMISSION  DEEMS  NECESSARY  TO
    2  ANALYZE  IN  ORDER TO CONDUCT THE REVIEW REQUIRED PURSUANT TO THIS PARA-
    3  GRAPH.
    4    (D) THE COMMISSION SHALL PERMIT EACH COMPANY TO RECOVER THE REASONABLE
    5  COSTS INCURRED BY SUCH COMPANY TO MAINTAIN OR IMPROVE THE RELIABILITY OF
    6  SUCH  COMPANY'S  INFRASTRUCTURE  NECESSARY  TO MEET THE STANDARDS ESTAB-
    7  LISHED PURSUANT TO THIS SECTION.
    8    (E)  THE  COMMISSION  MAY  ALSO  ESTABLISH  STANDARDS  FOR  ACCEPTABLE
    9  PERFORMANCE BY EACH TRANSMISSION AND DISTRIBUTION COMPANY IN AN EMERGEN-
   10  CY, IN ACCORDANCE WITH THIS SECTION, UPON A DETERMINATION BY THE COMMIS-
   11  SION  THAT  THE  CHANGED  CIRCUMSTANCES OF ANY UTILITY NECESSITATES SUCH
   12  ADDITIONAL STANDARDS.
   13    (F) NO LATER THAN ONE YEAR FOLLOWING THE ESTABLISHMENT OF  THE  BENCH-
   14  MARKS  AND  STANDARDS  PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION AND
   15  EACH YEAR THEREAFTER, EACH TRANSMISSION AND DISTRIBUTION  COMPANY  SHALL
   16  PROVIDE  AN  EMERGENCY  RESPONSE  REPORT  TO THE COMMISSION. SUCH REPORT
   17  SHALL INCLUDE INFORMATION AND  AN  ANALYSIS  CONCERNING  SUCH  COMPANY'S
   18  ABILITY  AND PERFORMANCE DURING THE PRECEDING YEAR TO MEET THE EMERGENCY
   19  PREPAREDNESS AND RESPONSE STANDARDS ESTABLISHED BY THE COMMISSION PURSU-
   20  ANT TO THIS SECTION. IN ADDITION TO THE ANNUAL RESPONSE REPORT  REQUIRED
   21  IN  THIS  PARAGRAPH,  THE COMMISSION MAY REQUIRE ANY UTILITY TO SUBMIT A
   22  SUPPLEMENTAL EMERGENCY RESPONSE REPORT AFTER  ANY  STORM,  EMERGENCY  OR
   23  EVENT CAUSING SIGNIFICANT POWER DISRUPTIONS.
   24    3.  THE  COMMISSION  SHALL REVIEW THE PERFORMANCE OF EACH TRANSMISSION
   25  AND DISTRIBUTION COMPANY AFTER ANY EMERGENCY: (A) IN WHICH MORE THAN TEN
   26  PERCENT OF ANY SUCH COMPANY'S CUSTOMERS WERE WITHOUT POWER FOR MORE THAN
   27  FORTY-EIGHT CONSECUTIVE HOURS; OR (B) AT  THE  COMMISSION'S  DISCRETION.
   28  THE  COMMISSION,  UPON  A  FINDING, AFTER A HEARING OR OPPORTUNITY TO BE
   29  HEARD, THAT ANY SUCH COMPANY FAILED TO COMPLY WITH ANY RESTORATION STAN-
   30  DARD REQUIRED BY THIS SECTION OR ANY ORDER OF THE COMMISSION IN PREPARA-
   31  TION FOR A POWER OUTAGE, OR IN RESTORATION  OF  A  POWER  OUTAGE,  SHALL
   32  IMPOSE  CIVIL  PENALTIES  AGAINST SUCH COMPANY, NOT TO EXCEED A TOTAL OF
   33  TWO AND ONE-HALF PERCENT OF SUCH COMPANY'S GROSS  ANNUAL  REVENUES  FROM
   34  ELECTRIC  DISTRIBUTION.  IN  DETERMINING  THE AMOUNT OF ANY PENALTY, THE
   35  COMMISSION MAY CONSIDER WHETHER SUCH COMPANY  RECOVERED  COSTS  INCURRED
   36  PURSUANT  TO  PARAGRAPH  (D)  OF SUBDIVISION TWO OF THIS SECTION TO MEET
   37  INFRASTRUCTURE RELIABILITY EFFORTS TO IMPROVE  SUCH  COMPANY'S  PERFORM-
   38  ANCE.  ANY  SUCH PENALTY IMPOSED SHALL BE PAID TO THE CUSTOMERS OR RATE-
   39  PAYERS OF SUCH COMPANY IN THE FORM OF A CREDIT, WHICH SHALL BE  CREDITED
   40  WITHIN ONE HUNDRED TWENTY DAYS OF SUCH ORDER. ANY SUCH PENALTY SHALL NOT
   41  BE  INCLUDED AS AN OPERATING EXPENSE OF SUCH COMPANY FOR THE PURPOSES OF
   42  RATEMAKING.
   43    S 3. This act shall take effect immediately.
feedback