S T A T E   O F   N E W   Y O R K
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                                  1672

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  GIANARIS,  NOLAN, MARKEY, PHEFFER, ROBINSON,
  FIELDS, ROSENTHAL, BENEDETTO, COOK, DIAZ,  CAHILL,  JAFFEE  --  Multi-
  Sponsored  by  --  M.  of A.   BOYLAND, CYMBROWITZ, DESTITO, DINOWITZ,
  GOTTFRIED, JOHN, McENENY,  PERRY,  REILLY,  SAYWARD,  SWEENEY,  TOWNS,
  WEISENBERG -- read once and referred to the Committee on Energy

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:

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

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

                                                           LBD03843-01-9

A. 1672                             2

rule,  regulation,  service,  general  privilege  or facility had become
effective. If any such hearing cannot be concluded within the period  of
suspension as above stated, the commission may extend the suspension for
a further period, not exceeding six months.
  IF ANY SUCH SCHEDULE IS BASED ON PROJECTIONS OF REVENUES, EXPENDITURES
AND  UTILITY  OPERATIONS  FOR A PERIOD OF MORE THAN EIGHTEEN MONTHS, THE
COMMISSION SHALL ORDER THAT SUCH SCHEDULE INCLUDE ANNUAL PROJECTIONS  OR
REVENUES AND EXPENDITURES AND BENCHMARKS FOR MAINTENANCE AND OPERATIONS,
SERVICE   QUALITY  AND SUCH OTHER PROJECTIONS AS THE COMMISSION MAY DEEM
APPROPRIATE, AND SHALL COMMENCE A PROCEEDING  TO  REVIEW  THE  CONTINUED
VALIDITY  OF SUCH PROJECTIONS NOT MORE THAN THREE MONTHS AFTER THE ANNI-
VERSARY  DATE OF THE DATE SUCH SCHEDULE BECAME EFFECTIVE. ALL PARTIES TO
THE  PROCEEDING AT WHICH THE SCHEDULE WAS ORIGINALLY CONSIDERED SHALL BE
ENTITLED TO  PARTY STATUS IN THE REVIEW PROCEEDING;  PROVIDED,  HOWEVER,
THAT  NOTHING  IN  THIS PARAGRAPH SHALL PRECLUDE THE ADMISSION  OF ADDI-
TIONAL PERSONS TO THE PROCEEDING IF  THEIR  INTERVENTION  IS  LIKELY  TO
CONTRIBUTE  TO   THE  DEVELOPMENT  OF A COMPLETE RECORD OR IS  OTHERWISE
FAIR AND IN THE  PUBLIC INTEREST.  UPON A DETERMINATION THAT ANY OF  THE
PROJECTIONS WAS NOT MET OR IS IN NEED OF RECONSIDERATION, THE COMMISSION
MAY  MAKE  SUCH  ORDERS  AS  IT  DEEMS  APPROPRIATE. A REVIEW PROCEEDING
COMMENCED PURSUANT TO THIS PARAGRAPH  MAY  BE  DEEMED  TO  CONSTITUTE  A
PROCEEDING  UNDERTAKEN  PURSUANT  TO SUBDIVISION TWENTY OF THIS SECTION.
SIMILAR REVIEW PROCEEDINGS SHALL BE COMMENCED NOT MORE THAN THREE MONTHS
AFTER ANY SUBSEQUENT ANNIVERSARY DATE OF THE ORIGINAL SCHEDULE'S  EFFEC-
TIVE  DATE,  PROVIDED, HOWEVER, THAT SUCH PROCEEDINGS SHALL CONSIDER ANY
REVISED PROJECTIONS ORDERED IN PRIOR REVIEW PROCEEDINGS.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Provided that the public service  commission
is  immediately  authorized  and  directed  to take any and all actions,
including but not limited to the promulgation of  any  necessary  rules,
necessary to fully implement the provisions of this act on its effective
date.