S T A T E   O F   N E W   Y O R K
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                                  6373

                            I N  S E N A T E

                            January 21, 2014
                               ___________

Introduced  by  Sen. MAZIARZ -- 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 hearings follow-
  ing major power outages

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The public service law is amended by adding a new section
66-n to read as follows:
  S 66-N. HEARINGS. 1.  FOLLOWING ANY MAJOR POWER OUTAGE, THE COMMISSION
SHALL, WITHIN NINETY DAYS, SCHEDULE AT LEAST ONE PUBLIC STATEMENT  HEAR-
ING  IN  EACH AFFECTED COUNTY OR IN EACH AFFECTED CITY WITH A POPULATION
OF ONE HUNDRED FIFTY THOUSAND OR MORE OR IN EACH AFFECTED BOROUGH IN THE
CITY OF NEW YORK, PROVIDED THAT SUCH HEARING HAS BEEN  REQUESTED  VIA  A
FORMAL RESOLUTION ADOPTED BY THE COUNTY LEGISLATURE OR BOARD OF SUPERVI-
SORS  IN  SUCH  AFFECTED  COUNTY OR BY THE CITY COUNCIL IN SUCH AFFECTED
CITIES WITH A POPULATION OF ONE HUNDRED FIFTY THOUSAND OR MORE AND  THAT
SUCH  RESOLUTION  HAS  BEEN TRANSMITTED TO THE CHAIRPERSON OF THE PUBLIC
SERVICE COMMISSION BY ELECTRONIC OR WRITTEN COMMUNICATION. THE  AFFECTED
COUNTIES MAY AGREE AMONGST THEMSELVES TO FEWER PUBLIC STATEMENT HEARINGS
PROVIDED  THAT THE LOCATION OR LOCATIONS OF SUCH HEARING OR HEARINGS ARE
CONVENIENTLY LOCATED WITHIN THE GEOGRAPHIC AREA AFFECTED  BY  THE  MAJOR
POWER  OUTAGE  AND  EASILY  ACCESSIBLE  FOR CUSTOMERS. SUCH AN AGREEMENT
AMONG THE AFFECTED COUNTIES MUST BE TRANSMITTED TO  THE  CHAIRPERSON  OF
THE COMMISSION.
  2. "MAJOR POWER OUTAGE" SHALL BE DEFINED AS ANY OUTAGE WITHIN A UTILI-
TY SERVICE TERRITORY THAT LEAVES FIVE PERCENT OR MORE OF CUSTOMERS WITH-
OUT POWER FOR AT LEAST SEVENTY-TWO CONSECUTIVE HOURS FOLLOWING THE EVENT
THAT CAUSED THE OUTAGE.
  3.  FOR  THE  PURPOSES  OF  PROVIDING  NOTICE  AND  SOLICITING  PUBLIC
COMMENTS, AT LEAST THIRTY DAYS PRIOR TO THE PUBLIC STATEMENT HEARING  OR
HEARINGS  REQUIRED  IN  SUBDIVISION  ONE OF THIS SECTION, THE COMMISSION
SHALL PROVIDE NOTICE OR ELECTRONIC NOTICE: (A) TO EACH COUNTY AND  MUNI-
CIPALITY  SERVED  BY  SAID  ELECTRIC  CORPORATION  LOCATED  IN  THE AREA

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

                                                           LBD13539-01-4

S. 6373                             2

AFFECTED BY THE MAJOR POWER OUTAGE; (B) TO THE SPEAKER OF THE  ASSEMBLY,
THE  TEMPORARY  PRESIDENT  OF  THE SENATE, THE CHAIRPERSON OF THE SENATE
ENERGY AND TELECOMMUNICATIONS COMMITTEE, THE CHAIRPERSON OF THE ASSEMBLY
ENERGY  COMMITTEE, AND EACH MEMBER OF THE STATE LEGISLATURE THAT REPRES-
ENTS AN AREA WHERE SERVICE WAS AFFECTED BY THE MAJOR POWER  OUTAGE;  (C)
BY  PUBLICATION ONCE IN EACH WEEK FOR FOUR SUCCESSIVE WEEKS IN A NEWSPA-
PER AND ON THE WEB SITE OF A NEWSPAPER THAT HAS GENERAL  CIRCULATION  IN
THE  GEOGRAPHIC  AREA  AFFECTED BY THE MAJOR POWER OUTAGE LOCATED WITHIN
THE SERVICE TERRITORY OF SAID ELECTRIC CORPORATION; AND (D) BY  PUBLICA-
TION ON THE COMMISSION'S WEBSITE.
  4.  A  MEMBER  OR  MEMBERS  OF  THE COMMISSION OR DEPARTMENT OF PUBLIC
SERVICE SENIOR STAFF, DESIGNATED BY THE CHAIRPERSON OF  THE  COMMISSION,
SHALL  BE PRESENT IN PERSON AT THE PUBLIC STATEMENT HEARINGS REQUIRED BY
SUBDIVISION ONE OF THIS SECTION AND SHALL BEGIN WITH A  PRESENTATION  ON
DATA COLLECTED DURING THE RECENT OUTAGE, INCLUDING INFORMATION ON RESTO-
RATION  TIMES  IN  THE  AFFECTED COUNTY OR CITY, CUSTOMER COMPLAINTS AND
OTHER DATA WHICH THE COMMISSION OR ITS DESIGNEE  MAY  DEEM  APPROPRIATE.
THE  COMMISSION  MEMBERS  OR  THEIR  DESIGNEES SHALL THEN SOLICIT PUBLIC
COMMENT FROM RESIDENTIAL AND  COMMERCIAL  CUSTOMERS  FROM  THE  AFFECTED
COUNTY  OR  CITY WITH A POPULATION OF ONE HUNDRED FIFTY THOUSAND OR MORE
OR BOROUGH IN THE CITY OF NEW YORK. SUCH TESTIMONY SHALL BE LIMITED TO:
  (A) CUSTOMER FEEDBACK ON THEIR EXPERIENCE DURING  THE  RECENT  OUTAGE,
INCLUDING  ISSUES  RELATED  TO  POWER RESTORATION, RESTORATION TIMES AND
SERVICE QUALITY;
  (B) SUGGESTIONS FOR CHANGES  IN  COMMISSION  POLICY  IN  THE  AFFECTED
SERVICE  TERRITORY  WHICH,  IN  THE CUSTOMER'S VIEW WOULD LEAD TO BETTER
SERVICE QUALITY;
  (C) COMMUNICATION PROTOCOLS BETWEEN A COMPANY AND CUSTOMERS DURING  AN
OUTAGE AND HOW SUCH PROTOCOLS MAY BE IMPROVED; AND
  (D)  ANY  ADDITIONAL  TOPICS  OF  INFORMATION  THAT THE COMMISSION MAY
DETERMINE ARE NECESSARY AND APPROPRIATE.
  5. WITHIN ONE HUNDRED TWENTY DAYS OF THE  CONCLUSION  OF  SUCH  PUBLIC
STATEMENT  HEARING, THE COMMISSION SHALL PUBLISH ON ITS WEBSITE A REPORT
SUMMARIZING THE EVENTS OF THE PUBLIC STATEMENT HEARING  AND  ANY  RECOM-
MENDED POLICY CHANGES THAT IT MAY HAVE INITIATED. SUCH REPORT SHALL ALSO
BE  TRANSMITTED TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF
THE ASSEMBLY, THE CHAIRPERSON OF  THE  SENATE  ENERGY  AND  TELECOMMUNI-
CATIONS  COMMITTEE,  THE  CHAIRPERSON  OF THE ASSEMBLY ENERGY COMMITTEE,
EACH MEMBER OF THE LEGISLATURE WHOSE DISTRICT LIES IN WHOLE OR  IN  PART
IN  THE  AFFECTED  COUNTY, THE COUNTY EXECUTIVE OR ADMINISTRATOR AND THE
CHAIRPERSON OF THE COUNTY LEGISLATURE OR BOARD OF  SUPERVISORS  AND  THE
MAYOR  OF  ANY  CITY  WITH A POPULATION OF ONE HUNDRED FIFTY THOUSAND OR
MORE THAT WAS THE SUBJECT OF SUCH HEARING.
  S 2. This act shall take effect January 1, 2015.