Bill Text: NY S03467 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to phasing out transition fees.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S03467 Detail]

Download: New_York-2013-S03467-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3467
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   February 4, 2013
                                      ___________
       Introduced  by Sen. GALLIVAN -- 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 phasing out tran-
         sition fees
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 65 of the public service law is amended by adding a
    2  new subdivision 6-a to read as follows:
    3    6-A. TRANSITION FEES. (A) EFFECTIVE AS OF JANUARY FIRST, TWO  THOUSAND
    4  FOURTEEN: NO ELECTRIC UTILITY SHALL CHARGE A TRANSITION RATE THAT VARIES
    5  BY FIFTY PERCENT OR GREATER FROM MONTH-TO-MONTH.
    6    (B) ANY ELECTRIC UTILITY WHOSE TRANSITION RATE VARIES BY FIFTY PERCENT
    7  OR  GREATER  FROM MONTH-TO-MONTH MUST PROVIDE THE CUSTOMER WITH A BUDGET
    8  PLAN, WHEREIN SUCH BUDGET PLAN INCLUDES A RATE SCHEDULE  THAT  WILL  NOT
    9  VIOLATE PARAGRAPH (A) OF THIS SUBDIVISION.
   10    (C)  NO  ELECTRIC UTILITY SHALL CHARGE A TRANSITION FEE IN ADDITION TO
   11  OR IN SUBSTITUTION OF A TRANSITION FEE  CALCULATED  USING  A  TRANSITION
   12  RATE.
   13    (D)  EFFECTIVE  AS OF JANUARY FIRST, TWO THOUSAND FIFTEEN: NO ELECTRIC
   14  UTILITY SHALL CHARGE A TRANSITION RATE THAT  EXCEEDS  THE  MEAN  OF  THE
   15  TRANSITION  RATE  CHARGED FROM JANUARY, TWO THOUSAND TWELVE TO DECEMBER,
   16  TWO THOUSAND TWELVE.
   17    (E) EFFECTIVE AS OF JANUARY FIRST, TWO THOUSAND SEVENTEEN: NO ELECTRIC
   18  UTILITY SHALL CHARGE A TRANSITION FEE.
   19    (F) FOR THE PURPOSES OF THIS SUBDIVISION, THE  FOLLOWING  TERMS  SHALL
   20  HAVE  THE  FOLLOWING MEANINGS: (I) "TRANSITION RATE" SHALL BE DEFINED AS
   21  THE PRICE PER KILOWATT HOUR CHARGED BY THE ELECTRIC UTILITY TO CALCULATE
   22  THE TRANSITION FEE.
   23    (II) "TRANSITION FEE" SHALL BE DEFINED AS ANY FEE CHARGED BY AN  ELEC-
   24  TRIC  UTILITY FOR THE ELECTRIC UTILITY'S COSTS, LIABILITIES, AND INVEST-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05750-02-3
       S. 3467                             2
    1  MENTS, SUCH AS UNECONOMIC ASSETS, THAT ELECTRIC UTILITIES WOULD  REASON-
    2  ABLY  EXPECT TO RECOVER IF THE FORMER REGULATORY STRUCTURE CONTINUED AND
    3  THAT WILL NOT BE RECOVERED AS A RESULT OF  RESTRUCTURED  INDUSTRY  REGU-
    4  LATION THAT ALLOWS RETAIL CHOICE OF ELECTRICITY SUPPLIERS.
    5    (III)  "BUDGET  PLAN"  SHALL  BE  DEFINED AS A PLAN DESIGNED TO REDUCE
    6  FLUCTUATIONS IN CUSTOMERS' BILLS DUE TO SEASONAL  PATTERNS  OF  CONSUMP-
    7  TION.  UNLESS  OTHERWISE  AUTHORIZED  BY THE COMMISSION, AS DESCRIBED IN
    8  SECTION SIXTY-SIX OF THIS ARTICLE, EACH SUCH PLAN SHALL BE BASED ON  THE
    9  CUSTOMER'S  RECENT  TWELVE-MONTH EXPERIENCE, ADJUSTED FOR KNOWN CHANGES.
   10  IF TWELVE MONTHS OF BILLING DATA ARE NOT AVAILABLE FOR THE CUSTOMER THEN
   11  TWELVE MONTHS OF BILLING DATA FOR THE PREMISES SHALL BE USED. IF  TWELVE
   12  MONTHS OF BILLING DATA ARE NOT AVAILABLE FOR THE PREMISES THEN THE UTIL-
   13  ITY SHALL ESTIMATE FUTURE CONSUMPTION OVER THE NEXT TWELVE-MONTH PERIOD.
   14  EACH SUCH PLAN SHALL PROVIDE THAT BILLS CLEARLY IDENTIFY CONSUMPTION AND
   15  STATE  THE  AMOUNTS  THAT  WOULD BE DUE WITHOUT A BUDGET PLAN. EACH SUCH
   16  PLAN SHALL PROVIDE THAT BILLS BE SUBJECT TO REGULAR REVIEW FOR CONFORMI-
   17  TY WITH ACTUAL BILLINGS. EACH SUCH PLAN SHALL BE FILED WITH THE  COMMIS-
   18  SION  AND  ANY SIGNIFICANT CHANGES IN THE PLAN SHALL BE SUBMITTED TO THE
   19  COMMISSION FOR REVIEW BEFORE IMPLEMENTATION.
   20    S 2. This act shall take effect immediately.