Bill Text: NY S01229 | 2021-2022 | General Assembly | Introduced


Bill Title: Provides that every gas or electric rate schedule, which is based on projections of revenues, expenditures and utility operations for more than 18 months, shall be annually reviewed by the public service commission; such review proceeding shall include all the parties involved in the proceeding at which such schedule was originally approved.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-01-08 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S01229 Detail]

Download: New_York-2021-S01229-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          1229

                               2021-2022 Regular Sessions

                    IN SENATE

                                     January 8, 2021
                                       ___________

        Introduced  by Sen. GIANARIS -- 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 requiring annual
          reviews of multi-year rate plans

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph (f) of subdivision 12 of section 66 of the public
     2  service  law,  as amended by chapter 154 of the laws of 1989, is amended
     3  to read as follows:
     4    (f) Whenever there shall be filed with the commission by  any  utility
     5  any  schedule stating a new rate or charge, or any change in any form of
     6  contract or agreement or any rule or regulation relating  to  any  rate,
     7  charge  or service, or in any general privilege or facility, the commis-
     8  sion may, at any time within sixty days from the date when such schedule
     9  would or has become effective, either upon complaint  or  upon  its  own
    10  initiative,  and, if it so orders, without answer or other formal plead-
    11  ing by the utility, but upon reasonable notice, hold a hearing  concern-
    12  ing  the propriety of a change proposed by the filing. If such change is
    13  a major change, the commission shall hold such a hearing.  Pending  such
    14  hearing  and  decision  thereon,  the  commission, upon filing with such
    15  schedule and delivering to the utility, a statement in  writing  of  its
    16  reasons  therefor,  may  suspend the operation of such schedule, but not
    17  for a longer period than one hundred and twenty  days  beyond  the  time
    18  when  it  would  otherwise  go  into effect. After full hearing, whether
    19  completed before or after the schedule goes into effect, the  commission
    20  may  make  such  order  in  reference  thereto  as  would be proper in a
    21  proceeding begun after the rate, charge, form of contract or  agreement,
    22  rule,  regulation,  service,  general  privilege  or facility had become
    23  effective. If any such hearing cannot be concluded within the period  of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03129-01-1

        S. 1229                             2

     1  suspension as above stated, the commission may extend the suspension for
     2  a further period, not exceeding six months.
     3    If any such schedule is based on projections of revenues, expenditures
     4  and  utility  operations  for a period of more than eighteen months, the
     5  commission shall order that such schedule include annual projections  or
     6  revenues and expenditures and benchmarks for maintenance and operations,
     7  service   quality  and such other projections as the commission may deem
     8  appropriate, and shall commence a proceeding  to  review  the  continued
     9  validity  of such projections not more than three months after the anni-
    10  versary  date of the date such schedule became effective. All parties to
    11  the  proceeding at which the schedule was originally considered shall be
    12  entitled to  party status in the review proceeding;  provided,  however,
    13  that  nothing  in  this paragraph shall preclude the admission  of addi-
    14  tional persons to the proceeding if  their  intervention  is  likely  to
    15  contribute  to   the  development  of a complete record or is  otherwise
    16  fair and in the  public interest.  Upon a determination that any of  the
    17  projections was not met or is in need of reconsideration, the commission
    18  may  make  such  orders  as  it  deems  appropriate. A review proceeding
    19  commenced pursuant to this paragraph  may  be  deemed  to  constitute  a
    20  proceeding  undertaken  pursuant  to subdivision twenty of this section.
    21  Similar review proceedings shall be commenced not more than three months
    22  after any subsequent anniversary date of the original schedule's  effec-
    23  tive  date,  provided, however, that such proceedings shall consider any
    24  revised projections ordered in prior review proceedings.
    25    § 2. This act shall take effect on the one hundred eightieth day after
    26  it shall have become a law. Effective immediately,  the  public  service
    27  commission  is  authorized  and  directed  to  take any and all actions,
    28  including but not limited to the promulgation of  any  necessary  rules,
    29  necessary to fully implement the provisions of this act on its effective
    30  date.
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