S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8057
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 27, 2011
                                      ___________
       Introduced  by M. of A. THIELE, GIGLIO -- Multi-Sponsored by -- M. of A.
         SPANO -- read once and referred to the Committee on Energy
       AN ACT to amend the public service law,  in  relation  to  increases  in
         rates or charges for fuel costs
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 66 of the public service law is amended by adding a
    2  new subdivision 12-e to read as follows:
    3    12-E. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COMMISSION SHALL
    4  NOT ALLOW ANY FUEL-RELATED INCREASE IN THE RATE OR CHARGES  WHICH  WOULD
    5  INCREASE  THE TOTAL REVENUES OF THE APPLICANT WITH MORE THAN THE GREATER
    6  OF ONE HUNDRED THOUSAND DOLLARS OR  TWO  AND  ONE-HALF  PERCENT  WITHOUT
    7  HEARINGS HELD UPON NOTICE TO THE PUBLIC. AS USED IN THIS SUBDIVISION ANY
    8  "FUEL-RELATED  INCREASE  IN  THE  RATE OR CHARGES" SHALL MEAN ANY SINGLE
    9  INCREASE OR ANY COMBINATION OF INCREASES IN THE  AGGREGATE  RELATING  TO
   10  THE  RATE,  CHARGE OR SERVICE FILED BY A UTILITY WITHIN THE PRIOR TWELVE
   11  MONTH PERIOD ARISING FROM ANY CHANGE IN THE FUEL COSTS OF  NATURAL  GAS,
   12  OIL,  COAL,  KEROSENE,  OR  PETROLEUM  DISTILLATE OR NUCLEAR FUEL OR ANY
   13  ADJUSTMENT TO RECOVER THE EXPENSES INCURRED TO REPLACE ELECTRIC  OR  GAS
   14  SERVICE  LOST  OR UNAVAILABLE DUE TO AN UNSCHEDULED OUTAGE OR DISABILITY
   15  OF AN ELECTRIC OR GAS FACILITY. AT THE PUBLIC HEARING THE UTILITY  SHALL
   16  HAVE  THE  BURDEN OF PROVING THE INCREASE IS JUSTIFIED AND THAT FUEL WAS
   17  PURCHASED AT THE LOWEST POSSIBLE COST. THE  COMMISSION  SHALL  ESTABLISH
   18  AND PROMULGATE SUCH RULES AND REGULATIONS TO EFFECTUATE THIS SUBDIVISION
   19  AS  IT  MAY DEEM NECESSARY, AND MAY MODIFY OR AMEND SUCH RULES AND REGU-
   20  LATIONS FROM TIME TO TIME.
   21    S 2.   This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11677-01-1