NY State Senate Bill 2015-S1090A

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 14, 2016	print number 1090a
Jan 14, 2016	amend and recommit to energy and telecommunications
Jan 06, 2016	referred to energy and telecommunications
Jan 08, 2015	referred to energy and telecommunications

Bill Amendments

Original

A (Active)

2015-S1090 - Details

See Assembly Version of this Bill:: A860
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §24-c, Pub Serv L; add §97-pppp, St Fin L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7687, A8722
2011-2012: S1088, A27
2013-2014: S3236, A1247
2017-2018: S3250, A17
2019-2020: S3605, A145
2021-2022: S3034, A873
2023-2024: S405, S8372, A7165, A8611

2015-S1090 - Summary

Relates to utility intervenor reimbursement.

2015-S1090 - Sponsor Memo

                                BILL NUMBER:S1090

TITLE OF BILL:  An act to amend the public service law, in relation to
utility intervenor reimbursement; and to amend the state finance law,
in relation to establishing the utility intervenor account

SUBJECT AND PURPOSE:

The purpose of this bill is to establish procedural and substantive
criteria for intervenor reimbursement to a participant for its
reasonable costs of participation in any proceeding before the Public
Service Commission (PSC).

SUMMARY AND DESCRIPTION OF PROVISIONS:

This bill would permit groups of individuals or not-for-profit
organizations that represent residential or small business customers
to apply for reimbursement of its costs for reasonable advocate's
fees, reasonable expert witness fees, and other reasonable costs in a
proceeding before the Public Service Commission (PSC). The PSC would
he authorized to determine appropriate application procedures. This
legislation would also provide for compensation to be awarded in
advance if the participant makes a showing of significant financial
hardship.

Section 1 of this legislation would establish definitions for

"compensation," "participant," "commission," "other reasonable costs,"
"party," "Proceeding," "significant financial hardship," "small
business," and "substantial contribution."

Subsection 2 of this legislation would establish requirements that
participants would need to include in its application to be submitted
to the PSC. This section would require a statement of planned
participation; description of anticipated advocate's fees, expert fees
and other costs; and, any other material required by the PSC. If
participation would impose significant financial hardship on the
applicant, evidence of such hardship must also be submitted.

Subsection 3 of this legislation would require the PSC, within
seventy-five days after the application has been filed, to issue a
decision that determines if the participant has made a substantial
contribution to its final decision. If the participant included
evidence of substantial financial hardship, the PSC would determine
whether such showing was made and the amount of compensation to be
paid by the public utility or utilities prior to the end of the
proceeding. This section would authorize the PSC to recover any
advance payments made if the participant discontinues its
Participation without the PSC's consent. This section would establish
the criteria in which compensation is calculated and would require any
unused compensation to be returned to the public utility or utilities.
This section would authorize the PSC to audit the records and hooks of
a participant that would claim significant financial hardship. This
section would also authorize the PSC to require participants to join
their claims if they have substantially similar interests.

Subsection 4 of this legislation would require a public utility or
utilities subject to the proceeding to remit any compensation within


thirty days of the proceeding. The PSC would then remit such
compensation to the participant.

Subsection 5 of this legislation would authorize the Department to
deny any compensation to any participant who attempts to delay or
obstruct the proceeding.

Section 2 amends the state finance law establishes the utility
intervenor account in the custody of the state comptroller and the
commissioner taxation and finance

Section 3 This act shall take effect on the 30th day after it shall
have become law.

JUSTIFICATION:

The intent of this legislation is to recognize and remedy the fact
that individual action by residential consumers and small businesses
for the purposes of participating in utility matters and communicating
their views is rendered impracticable by reason of the
disproportionate expense of taking such action.

PSC proceedings are offered in a way that minimizes public
participation. It is incredibly difficult for typical New Yorkers to
remain on top of the goings-on of the PSC. The Commission's usual
meeting time is 10:30 a.m., a time when the average citizen or small
business owner. Is not likely to participate. In many instances, the
only people who can attend on a regular basis are most likely those
whose job depends on it, such as representatives of the utilities and
other special interests.

The legislation recognizes that citizen participation should be
encouraged when government regulators set Policy. Individuals who seek
to participate in Public Service Commission (PSC) utility proceedings
are referred to as intervenors. Increased public participation through
the through the intervenor process, if sought and not fought, will
spur a more open and accountable government regulatory process that
may yield creative socially responsible solutions to difficult issues.
This legislation will provide a mechanism to allow residential and
small business utility customers to access financial resources to
become active participants in PSC proceedings. This includes the
ability to receive compensation of advocate fees, expert witness fees,
and other reasonable costs associated with their participation.

LEGISLATIVE HISTORY:

2013-2014: S.3236/ A.1247 - Died in Energy
2011-12: S.1088 - Referred to and died in Energy & Telecomm
2009-10: S.7687/A.8722 - Passed the Senate/Ways and Means

FISCAL IMPLICATIONS:

None to the State. Intervenor fees would be provided by utilities.

EFFECTIVE DATE:


This legislation would be effective thirty days after being signed
into law.

2015-S1090 - Bill Text download pdf

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

                                  1090

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 8, 2015
                               ___________

Introduced  by  Sen.  PARKER -- 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 utility interve-
  nor reimbursement; and to amend the state finance law, in relation  to
  establishing the utility intervenor account

  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
24-c to read as follows:
  S  24-C.    UTILITY  INTERVENOR  REIMBURSEMENT.  1.    AS USED IN THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "COMPENSATION" MEANS PAYMENT FROM THE UTILITY  INTERVENOR  ACCOUNT
FUND  ESTABLISHED BY SECTION NINETY-SEVEN-LLLL OF THE STATE FINANCE LAW,
FOR ALL OR PART, AS DETERMINED BY THE DEPARTMENT,  OF  REASONABLE  ADVO-
CATE'S  FEES, REASONABLE EXPERT WITNESS FEES, AND OTHER REASONABLE COSTS
FOR PREPARATION AND PARTICIPATION IN A PROCEEDING.
  (B) "PARTICIPANT" MEANS A GROUP OF PERSONS THAT APPLY JOINTLY  FOR  AN
AWARD OF COMPENSATION UNDER THIS SECTION AND WHO REPRESENT THE INTERESTS
OF A SIGNIFICANT NUMBER OF RESIDENTIAL OR SMALL BUSINESS CUSTOMERS, OR A
NOT-FOR-PROFIT  ORGANIZATION  IN  THIS  STATE AUTHORIZED PURSUANT TO ITS
ARTICLES OF INCORPORATION OR BYLAWS TO REPRESENT THE INTERESTS OF  RESI-
DENTIAL  OR  SMALL  BUSINESS  UTILITY  CUSTOMERS.  FOR  PURPOSES OF THIS
SECTION, A PARTICIPANT DOES NOT INCLUDE  A  NON-PROFIT  ORGANIZATION  OR
OTHER ORGANIZATION WHOSE PRINCIPAL INTERESTS ARE THE WELFARE OF A PUBLIC
UTILITY  OR  ITS  INVESTORS  OR EMPLOYEES, OR THE WELFARE OF ONE OR MORE
BUSINESSES OR INDUSTRIES WHICH RECEIVE UTILITY  SERVICE  ORDINARILY  AND
PRIMARILY  FOR  USE  IN  CONNECTION WITH THE PROFIT-SEEKING MANUFACTURE,
SALE, OR DISTRIBUTION OF GOODS OR SERVICES.
  (C) "OTHER REASONABLE COSTS" MEANS REASONABLE  OUT-OF-POCKET  EXPENSES
DIRECTLY  INCURRED  BY  A  PARTICIPANT  THAT ARE DIRECTLY RELATED TO THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06221-01-5

S. 1090                             2

CONTENTIONS OR RECOMMENDATIONS MADE BY THE PARTICIPANT THAT RESULTED  IN
A SUBSTANTIAL CONTRIBUTION.
  (D)  "PARTY" MEANS ANY INTERESTED PARTY, RESPONDENT PUBLIC UTILITY, OR
COMMISSION STAFF IN A HEARING OR PROCEEDING.
  (E) "PROCEEDING" MEANS A COMPLAINT, OR INVESTIGATION,  RULEMAKING,  OR
OTHER  FORMAL  PROCEEDING  BEFORE THE COMMISSION, OR ALTERNATIVE DISPUTE
RESOLUTION PROCEDURES IN LIEU OF FORMAL PROCEEDINGS AS MAY BE  SPONSORED
OR  ENDORSED  BY THE COMMISSION, PROVIDED HOWEVER SUCH PROCEEDINGS SHALL
BE LIMITED TO THOSE ARISING UNDER AND PROCEEDING PURSUANT TO THE FOLLOW-
ING ARTICLES OF THIS CHAPTER: (1) THE REGULATION OF THE PRICE OF GAS AND
ELECTRICITY, PURSUANT TO ARTICLE FOUR OF THIS  CHAPTER;  (2)  THE  REGU-
LATION  OF  THE PRICE OF STEAM, PURSUANT TO ARTICLE FOUR-A OF THIS CHAP-
TER; (3) THE SUBMETERING, REMETERING OR RESALE OF ELECTRICITY  TO  RESI-
DENTIAL  PREMISES,  PURSUANT TO SECTION SIXTY-FIVE AND SIXTY-SIX OF THIS
CHAPTER, AND PURSUANT TO REGULATIONS REGARDING THE SUBMETERING, REMETER-
ING, OR RESALE OF ELECTRICITY ADOPTED BY THE COMMISSION;  AND  (4)  SUCH
SECTIONS  OF THIS CHAPTER AS ARE APPLICABLE TO A PROCEEDING IN WHICH THE
COMMISSION MAKES A FINDING  ON  THE  RECORD  THAT  THE  PUBLIC  INTEREST
REQUIRES  THE  REIMBURSEMENT OF UTILITY INTERVENOR FEES PURSUANT TO THIS
SECTION.
  (F) "SIGNIFICANT FINANCIAL HARDSHIP" MEANS THAT THE  PARTICIPANT  WILL
BE  UNABLE TO AFFORD, WITHOUT UNDUE HARDSHIP, TO PAY THE COSTS OF EFFEC-
TIVE PARTICIPATION, INCLUDING ADVOCATE'S FEES, EXPERT WITNESS FEES,  AND
OTHER REASONABLE COSTS OF PARTICIPATION.
  (G)  "SMALL  BUSINESS" MEANS A BUSINESS WITH A GROSS ANNUAL REVENUE OF
TWO HUNDRED FIFTY THOUSAND DOLLARS OR LESS.
  (H) "SUBSTANTIAL CONTRIBUTION" MEANS THAT,  IN  THE  JUDGMENT  OF  THE
DEPARTMENT,  THE  PARTICIPANT'S APPLICATION MAY SUBSTANTIALLY ASSIST THE
COMMISSION IN MAKING ITS DECISION BECAUSE  THE  DECISION  MAY  ADOPT  IN
WHOLE  OR IN PART ONE OR MORE FACTUAL CONTENTIONS, LEGAL CONTENTIONS, OR
SPECIFIC POLICY OR PROCEDURAL RECOMMENDATIONS THAT WILL BE PRESENTED  BY
THE PARTICIPANT.
  2.  A  PARTICIPANT  MAY  APPLY FOR AN AWARD OF COMPENSATION UNDER THIS
SECTION IN A PROCEEDING IN WHICH  SUCH  PARTICIPANT  HAS  SOUGHT  ACTIVE
PARTY  STATUS  AS DEFINED BY THE DEPARTMENT. THE DEPARTMENT SHALL DETER-
MINE APPROPRIATE PROCEDURES FOR ACCEPTING AND RESPONDING TO SUCH  APPLI-
CATIONS.    AT  THE TIME OF APPLICATION, SUCH PARTICIPANT SHALL SERVE ON
EVERY PARTY TO THE PROCEEDING NOTICE OF INTENT TO APPLY FOR AN AWARD  OF
COMPENSATION.
  AN APPLICATION SHALL INCLUDE:
  (A)  A  STATEMENT  OF  THE NATURE AND EXTENT AND THE FACTUAL AND LEGAL
BASIS OF THE PARTICIPANT'S PLANNED PARTICIPATION IN  THE  PROCEEDING  AS
FAR  AS  IT  IS  POSSIBLE TO DESCRIBE SUCH PARTICIPATION WITH REASONABLE
SPECIFICITY AT THE TIME THE APPLICATION IS FILED.
  (B) AT MINIMUM, A REASONABLY DETAILED DESCRIPTION OF ANTICIPATED ADVO-
CATES AND EXPERT WITNESS FEES AND OTHER COSTS OF PREPARATION AND PARTIC-
IPATION THAT THE PARTICIPANT EXPECTS TO REQUEST AS COMPENSATION.
  (C) IF PARTICIPATION OR INTERVENTION WILL IMPOSE A SIGNIFICANT  FINAN-
CIAL  HARDSHIP  AND THE PARTICIPANT SEEKS PAYMENT IN ADVANCE TO AN AWARD
OF COMPENSATION IN ORDER TO INITIATE, CONTINUE OR COMPLETE PARTICIPATION
IN THE HEARING OR PROCEEDING, SUCH PARTICIPANT MUST INCLUDE EVIDENCE  OF
SUCH SIGNIFICANT FINANCIAL HARDSHIP IN ITS APPLICATION.
  (D) ANY OTHER REQUIREMENTS AS REQUIRED BY THE DEPARTMENT.
  3.  (A)  WITHIN  THIRTY  DAYS  AFTER  THE FILING OF AN APPLICATION THE
DEPARTMENT SHALL ISSUE A DECISION THAT DETERMINES  WHETHER  OR  NOT  THE
PARTICIPANT MAY MAKE A SUBSTANTIAL CONTRIBUTION TO THE FINAL DECISION IN

S. 1090                             3

THE  HEARING OR PROCEEDING. IF THE DEPARTMENT FINDS THAT THE PARTICIPANT
REQUESTING COMPENSATION MAY MAKE A SUBSTANTIAL CONTRIBUTION, THE DEPART-
MENT SHALL DESCRIBE THIS  SUBSTANTIAL  CONTRIBUTION  AND  DETERMINE  THE
AMOUNT  OF  COMPENSATION TO BE PAID PURSUANT TO SUBDIVISION FOUR OF THIS
SECTION.
  (B) NOTWITHSTANDING SUBDIVISION FOUR OF THIS SECTION, IF  THE  DEPART-
MENT  FINDS  THAT  THE PARTICIPANT HAS A SIGNIFICANT FINANCIAL HARDSHIP,
THE DEPARTMENT MAY DIRECT THE PUBLIC UTILITY OR UTILITIES SUBJECT TO THE
PROCEEDING TO PAY ALL OR PART OF THE COMPENSATION TO THE  DEPARTMENT  TO
BE  PROVIDED  TO  THE PARTICIPANT PRIOR TO THE END OF THE PROCEEDING. IN
THE EVENT THAT THE PARTICIPANT DISCONTINUES  ITS  PARTICIPATION  IN  THE
PROCEEDING  WITHOUT  THE CONSENT OF THE DEPARTMENT, THE DEPARTMENT SHALL
BE ENTITLED TO, IN WHOLE OR IN PART, RECOVER ANY PAYMENTS MADE  TO  SUCH
PARTICIPANT  TO  BE  REFUNDED  TO  THE  PUBLIC UTILITY OR UTILITIES THAT
PROVIDED SUCH PAYMENT.
  (C) THE COMPUTATION OF COMPENSATION PURSUANT TO PARAGRAPH (A) OF  THIS
SUBDIVISION  SHALL  TAKE  INTO  CONSIDERATION  THE  MARKET RATES PAID TO
PERSONS  OF  COMPARABLE  TRAINING  AND  EXPERIENCE  WHO  OFFER   SIMILAR
SERVICES.  THE  COMPENSATION  AWARDED  MAY  NOT, IN ANY CASE, EXCEED THE
COMPARABLE MARKET RATE FOR SERVICES PAID BY THE DEPARTMENT OR THE PUBLIC
UTILITY, WHICHEVER IS GREATER, TO PERSONS  OF  COMPARABLE  TRAINING  AND
EXPERIENCE WHO ARE OFFERING SIMILAR SERVICES.
  (D)  ANY  COMPENSATION  AWARDED  TO A PARTICIPANT AND NOT USED BY SUCH
PARTICIPANT SHALL BE RETURNED TO THE DEPARTMENT FOR REFUND TO THE PUBLIC
UTILITY OR UTILITIES THAT PROVIDED SUCH PAYMENT.
  (E) THE DEPARTMENT SHALL REQUIRE  THAT  PARTICIPANTS  SEEKING  PAYMENT
MAINTAIN  AN ITEMIZED RECORD OF ALL EXPENDITURES INCURRED AS A RESULT OF
SUCH PROCEEDING.
  (I) THE DEPARTMENT MAY USE THE ITEMIZED RECORD OF EXPENSES  TO  VERIFY
THE  CLAIM OF FINANCIAL HARDSHIP BY A PARTICIPANT SEEKING PAYMENT PURSU-
ANT TO PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION.
  (II) THE DEPARTMENT MAY USE THE RECORD OF EXPENDITURES IN DETERMINING,
AFTER THE COMPLETION OF A PROCEEDING, IF ANY UNUSED FUNDS REMAIN.
  (III) THE DEPARTMENT SHALL PRESERVE THE CONFIDENTIALITY OF THE PARTIC-
IPANT'S RECORDS IN MAKING ANY AUDIT OR DETERMINING THE  AVAILABILITY  OF
FUNDS AFTER THE COMPLETION OF A PROCEEDING.
  (F)  IN  THE  EVENT THAT THE DEPARTMENT FINDS THAT TWO OR MORE PARTIC-
IPANTS' APPLICATIONS HAVE SUBSTANTIALLY SIMILAR INTERESTS,  THE  DEPART-
MENT  MAY REQUIRE SUCH PARTICIPANTS TO APPLY JOINTLY IN ORDER TO RECEIVE
COMPENSATION.
  4. ANY COMPENSATION PURSUANT TO THIS SECTION  SHALL  BE  PAID  AT  THE
CONCLUSION  OF THE PROCEEDING BY THE PUBLIC UTILITY OR UTILITIES SUBJECT
TO THE PROCEEDING WITHIN THIRTY DAYS. SUCH COMPENSATION SHALL BE  REMIT-
TED  TO  THE  DEPARTMENT WHICH SHALL THEN REMIT SUCH COMPENSATION TO THE
PARTICIPANT.
  5. THE DEPARTMENT SHALL DENY ANY AWARD TO ANY PARTICIPANT WHO ATTEMPTS
TO DELAY OR OBSTRUCT THE ORDERLY AND TIMELY FULFILLMENT OF  THE  DEPART-
MENT'S RESPONSIBILITIES.
  S  2. The state finance law is amended by adding a new section 97-llll
to read as follows:
  S 97-LLLL. UTILITY INTERVENOR ACCOUNT. 1. THERE IS HEREBY  ESTABLISHED
IN  THE  JOINT  CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF
TAXATION AND FINANCE A FUND  TO  BE  KNOWN  AS  THE  UTILITY  INTERVENOR
ACCOUNT.

S. 1090                             4

  2.  SUCH ACCOUNT SHALL CONSIST OF ALL UTILITY INTERVENOR REIMBURSEMENT
MONIES RECEIVED FROM UTILITIES PURSUANT TO SECTION TWENTY-FOUR-C OF  THE
PUBLIC SERVICE LAW.
  S  3.  This  act shall take effect on the thirtieth day after it shall
have become a law.

2015-S1090A (ACTIVE) - Details

See Assembly Version of this Bill:: A860
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §24-c, Pub Serv L; add §97-pppp, St Fin L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7687, A8722
2011-2012: S1088, A27
2013-2014: S3236, A1247
2017-2018: S3250, A17
2019-2020: S3605, A145
2021-2022: S3034, A873
2023-2024: S405, S8372, A7165, A8611

2015-S1090A (ACTIVE) - Summary

Relates to utility intervenor reimbursement.

2015-S1090A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1090A

 TITLE OF BILL :  An act to amend the public service law, in relation
to utility intervenor reimbursement; and to amend the state finance
law, in relation to establishing the utility intervenor account

 SUBJECT AND PURPOSE :

The purpose of this bill is to establish procedural and substantive
criteria for intervenor reimbursement to a participant for its
reasonable costs of participation in any proceeding before the Public
Service Commission (PSC).

 SUMMARY AND DESCRIPTION OF PROVISIONS :

This bill would permit groups of individuals or not-for-profit
organizations that represent residential or small business customers
to apply for reimbursement of its costs for reasonable advocate's
fees, reasonable expert witness fees, and other reasonable costs in a
proceeding before the Public Service Commission (PSC). The PSC would
he authorized to determine appropriate application procedures. This
legislation would also provide for compensation to be awarded in
advance if the participant makes a showing of significant financial
hardship.

Section 1 of this legislation would establish definitions for

"compensation," "participant," "commission," "other reasonable costs,"
"party," "Proceeding," "significant financial hardship," "small
business," and "substantial contribution."

Subsection 2 of this legislation would establish requirements that
participants would need to include in its application to be submitted
to the PSC. This section would require a statement of planned
participation; description of anticipated advocate's fees, expert fees
and other costs; and, any other material required by the PSC. If
participation would impose significant financial hardship on the
applicant, evidence of such hardship must also be submitted.

Subsection 3 of this legislation would require the PSC, within
seventy-five days after the application has been filed, to issue a
decision that determines if the participant has made a substantial
contribution to its final decision. If the participant included
evidence of substantial financial hardship, the PSC would determine
whether such showing was made and the amount of compensation to be
paid by the public utility or utilities prior to the end of the
proceeding. This section would authorize the PSC to recover any
advance payments made if the participant discontinues its
Participation without the PSC's consent. This section would establish
the criteria in which compensation is calculated and would require any
unused compensation to be returned to the public utility or utilities.
This section would authorize the PSC to audit the records and hooks of
a participant that would claim significant financial hardship. This
section would also authorize the PSC to require participants to join
their claims if they have substantially similar interests.

Subsection 4 of this legislation would require a public utility or
utilities subject to the proceeding to remit any compensation within
thirty days of the proceeding. The PSC would then remit such
compensation to the participant.

Subsection 5 of this legislation would authorize the Department to
deny any compensation to any participant who attempts to delay or
obstruct the proceeding.



Section 2 amends the state finance law establishes the utility
intervenor account in the custody of the state comptroller and the
commissioner taxation and finance

Section 3 This act shall take effect on the 30th day after it shall
have become law.

 JUSTIFICATION :

The intent of this legislation is to recognize and remedy the fact
that individual action by residential consumers and small businesses
for the purposes of participating in utility matters and communicating
their views is rendered impracticable by reason of the
disproportionate expense of taking such action.

PSC proceedings are offered in a way that minimizes public
participation. It is incredibly difficult for typical New Yorkers to
remain on top of the goings-on of the PSC. The Commission's usual
meeting time is 10:30 a.m., a time when the average citizen or small
business owner. Is not likely to participate. In many instances, the
only people who can attend on a regular basis are most likely those
whose job depends on it, such as representatives of the utilities and
other special interests.

The legislation recognizes that citizen participation should be
encouraged when government regulators set Policy. Individuals who seek
to participate in Public Service Commission (PSC) utility proceedings
are referred to as intervenors. Increased public participation through
the through the intervenor process, if sought and not fought, will
spur a more open and accountable government regulatory process that
may yield creative socially responsible solutions to difficult issues.
This legislation will provide a mechanism to allow residential and
small business utility customers to access financial resources to
become active participants in PSC proceedings. This includes the
ability to receive compensation of advocate fees, expert witness fees,
and other reasonable costs associated with their participation.

 LEGISLATIVE HISTORY :

2013-2014: S.3236/ A.1247 - Died in Energy
2011-12: S.1088 - Referred to and died in Energy & Telecomm
2009-10: S.7687/A.8722 - Passed the Senate/Ways and Means

 FISCAL IMPLICATIONS :

None to the State. Intervenor fees would be provided by utilities.

 EFFECTIVE DATE :
This legislation would be effective thirty days after being signed
into law.

2015-S1090A (ACTIVE) - Bill Text download pdf

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

                                 1090--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 8, 2015
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations  --  recommitted  to  the Committee on Energy and Telecommuni-
  cations in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT to amend the public service law, in relation to utility interve-
  nor reimbursement; and to amend the state finance law, in relation  to
  establishing the utility intervenor account

  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
24-c to read as follows:
  S  24-C.    UTILITY  INTERVENOR  REIMBURSEMENT.  1.    AS USED IN THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "COMPENSATION" MEANS PAYMENT FROM THE UTILITY  INTERVENOR  ACCOUNT
FUND  ESTABLISHED BY SECTION NINETY-SEVEN-PPPP OF THE STATE FINANCE LAW,
FOR ALL OR PART, AS DETERMINED BY THE DEPARTMENT,  OF  REASONABLE  ADVO-
CATE'S  FEES, REASONABLE EXPERT WITNESS FEES, AND OTHER REASONABLE COSTS
FOR PREPARATION AND PARTICIPATION IN A PROCEEDING.
  (B) "PARTICIPANT" MEANS A GROUP OF PERSONS THAT APPLY JOINTLY  FOR  AN
AWARD OF COMPENSATION UNDER THIS SECTION AND WHO REPRESENT THE INTERESTS
OF A SIGNIFICANT NUMBER OF RESIDENTIAL OR SMALL BUSINESS CUSTOMERS, OR A
NOT-FOR-PROFIT  ORGANIZATION  IN  THIS  STATE AUTHORIZED PURSUANT TO ITS
ARTICLES OF INCORPORATION OR BYLAWS TO REPRESENT THE INTERESTS OF  RESI-
DENTIAL  OR  SMALL  BUSINESS  UTILITY  CUSTOMERS.  FOR  PURPOSES OF THIS
SECTION, A PARTICIPANT DOES NOT INCLUDE  A  NON-PROFIT  ORGANIZATION  OR
OTHER ORGANIZATION WHOSE PRINCIPAL INTERESTS ARE THE WELFARE OF A PUBLIC
UTILITY  OR  ITS  INVESTORS  OR EMPLOYEES, OR THE WELFARE OF ONE OR MORE
BUSINESSES OR INDUSTRIES WHICH RECEIVE UTILITY  SERVICE  ORDINARILY  AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06221-02-6

S. 1090--A                          2

PRIMARILY  FOR  USE  IN  CONNECTION WITH THE PROFIT-SEEKING MANUFACTURE,
SALE, OR DISTRIBUTION OF GOODS OR SERVICES.
  (C)  "OTHER  REASONABLE COSTS" MEANS REASONABLE OUT-OF-POCKET EXPENSES
DIRECTLY INCURRED BY A PARTICIPANT THAT  ARE  DIRECTLY  RELATED  TO  THE
CONTENTIONS  OR RECOMMENDATIONS MADE BY THE PARTICIPANT THAT RESULTED IN
A SUBSTANTIAL CONTRIBUTION.
  (D) "PARTY" MEANS ANY INTERESTED PARTY, RESPONDENT PUBLIC UTILITY,  OR
COMMISSION STAFF IN A HEARING OR PROCEEDING.
  (E)  "PROCEEDING"  MEANS A COMPLAINT, OR INVESTIGATION, RULEMAKING, OR
OTHER FORMAL PROCEEDING BEFORE THE COMMISSION,  OR  ALTERNATIVE  DISPUTE
RESOLUTION  PROCEDURES IN LIEU OF FORMAL PROCEEDINGS AS MAY BE SPONSORED
OR ENDORSED BY THE COMMISSION, PROVIDED HOWEVER SUCH  PROCEEDINGS  SHALL
BE LIMITED TO THOSE ARISING UNDER AND PROCEEDING PURSUANT TO THE FOLLOW-
ING ARTICLES OF THIS CHAPTER: (1) THE REGULATION OF THE PRICE OF GAS AND
ELECTRICITY,  PURSUANT  TO  ARTICLE  FOUR OF THIS CHAPTER; (2) THE REGU-
LATION OF THE PRICE OF STEAM, PURSUANT TO ARTICLE FOUR-A OF  THIS  CHAP-
TER;  (3)  THE SUBMETERING, REMETERING OR RESALE OF ELECTRICITY TO RESI-
DENTIAL PREMISES, PURSUANT TO SECTION SIXTY-FIVE AND SIXTY-SIX  OF  THIS
CHAPTER, AND PURSUANT TO REGULATIONS REGARDING THE SUBMETERING, REMETER-
ING,  OR  RESALE  OF ELECTRICITY ADOPTED BY THE COMMISSION; AND (4) SUCH
SECTIONS OF THIS CHAPTER AS ARE APPLICABLE TO A PROCEEDING IN WHICH  THE
COMMISSION  MAKES  A  FINDING  ON  THE  RECORD  THAT THE PUBLIC INTEREST
REQUIRES THE REIMBURSEMENT OF UTILITY INTERVENOR FEES PURSUANT  TO  THIS
SECTION.
  (F)  "SIGNIFICANT  FINANCIAL HARDSHIP" MEANS THAT THE PARTICIPANT WILL
BE UNABLE TO AFFORD, WITHOUT UNDUE HARDSHIP, TO PAY THE COSTS OF  EFFEC-
TIVE  PARTICIPATION, INCLUDING ADVOCATE'S FEES, EXPERT WITNESS FEES, AND
OTHER REASONABLE COSTS OF PARTICIPATION.
  (G) "SMALL BUSINESS" MEANS A BUSINESS WITH A GROSS ANNUAL  REVENUE  OF
TWO HUNDRED FIFTY THOUSAND DOLLARS OR LESS.
  (H)  "SUBSTANTIAL  CONTRIBUTION"  MEANS  THAT,  IN THE JUDGMENT OF THE
DEPARTMENT, THE PARTICIPANT'S APPLICATION MAY SUBSTANTIALLY  ASSIST  THE
COMMISSION  IN  MAKING  ITS  DECISION  BECAUSE THE DECISION MAY ADOPT IN
WHOLE OR IN PART ONE OR MORE FACTUAL CONTENTIONS, LEGAL CONTENTIONS,  OR
SPECIFIC  POLICY OR PROCEDURAL RECOMMENDATIONS THAT WILL BE PRESENTED BY
THE PARTICIPANT.
  2. A PARTICIPANT MAY APPLY FOR AN AWARD  OF  COMPENSATION  UNDER  THIS
SECTION  IN  A  PROCEEDING  IN  WHICH SUCH PARTICIPANT HAS SOUGHT ACTIVE
PARTY STATUS AS DEFINED BY THE DEPARTMENT. THE DEPARTMENT  SHALL  DETER-
MINE  APPROPRIATE PROCEDURES FOR ACCEPTING AND RESPONDING TO SUCH APPLI-
CATIONS.  AT THE TIME OF APPLICATION, SUCH PARTICIPANT  SHALL  SERVE  ON
EVERY  PARTY TO THE PROCEEDING NOTICE OF INTENT TO APPLY FOR AN AWARD OF
COMPENSATION.
  AN APPLICATION SHALL INCLUDE:
  (A) A STATEMENT OF THE NATURE AND EXTENT AND  THE  FACTUAL  AND  LEGAL
BASIS  OF  THE  PARTICIPANT'S PLANNED PARTICIPATION IN THE PROCEEDING AS
FAR AS IT IS POSSIBLE TO DESCRIBE  SUCH  PARTICIPATION  WITH  REASONABLE
SPECIFICITY AT THE TIME THE APPLICATION IS FILED.
  (B) AT MINIMUM, A REASONABLY DETAILED DESCRIPTION OF ANTICIPATED ADVO-
CATES AND EXPERT WITNESS FEES AND OTHER COSTS OF PREPARATION AND PARTIC-
IPATION THAT THE PARTICIPANT EXPECTS TO REQUEST AS COMPENSATION.
  (C)  IF PARTICIPATION OR INTERVENTION WILL IMPOSE A SIGNIFICANT FINAN-
CIAL HARDSHIP AND THE PARTICIPANT SEEKS PAYMENT IN ADVANCE TO  AN  AWARD
OF COMPENSATION IN ORDER TO INITIATE, CONTINUE OR COMPLETE PARTICIPATION
IN  THE HEARING OR PROCEEDING, SUCH PARTICIPANT MUST INCLUDE EVIDENCE OF
SUCH SIGNIFICANT FINANCIAL HARDSHIP IN ITS APPLICATION.

S. 1090--A                          3

  (D) ANY OTHER REQUIREMENTS AS REQUIRED BY THE DEPARTMENT.
  3.  (A)  WITHIN  THIRTY  DAYS  AFTER  THE FILING OF AN APPLICATION THE
DEPARTMENT SHALL ISSUE A DECISION THAT DETERMINES  WHETHER  OR  NOT  THE
PARTICIPANT MAY MAKE A SUBSTANTIAL CONTRIBUTION TO THE FINAL DECISION IN
THE  HEARING OR PROCEEDING. IF THE DEPARTMENT FINDS THAT THE PARTICIPANT
REQUESTING COMPENSATION MAY MAKE A SUBSTANTIAL CONTRIBUTION, THE DEPART-
MENT SHALL DESCRIBE THIS  SUBSTANTIAL  CONTRIBUTION  AND  DETERMINE  THE
AMOUNT  OF  COMPENSATION TO BE PAID PURSUANT TO SUBDIVISION FOUR OF THIS
SECTION.
  (B) NOTWITHSTANDING SUBDIVISION FOUR OF THIS SECTION, IF  THE  DEPART-
MENT  FINDS  THAT  THE PARTICIPANT HAS A SIGNIFICANT FINANCIAL HARDSHIP,
THE DEPARTMENT MAY DIRECT THE PUBLIC UTILITY OR UTILITIES SUBJECT TO THE
PROCEEDING TO PAY ALL OR PART OF THE COMPENSATION TO THE  DEPARTMENT  TO
BE  PROVIDED  TO  THE PARTICIPANT PRIOR TO THE END OF THE PROCEEDING. IN
THE EVENT THAT THE PARTICIPANT DISCONTINUES  ITS  PARTICIPATION  IN  THE
PROCEEDING  WITHOUT  THE CONSENT OF THE DEPARTMENT, THE DEPARTMENT SHALL
BE ENTITLED TO, IN WHOLE OR IN PART, RECOVER ANY PAYMENTS MADE  TO  SUCH
PARTICIPANT  TO  BE  REFUNDED  TO  THE  PUBLIC UTILITY OR UTILITIES THAT
PROVIDED SUCH PAYMENT.
  (C) THE COMPUTATION OF COMPENSATION PURSUANT TO PARAGRAPH (A) OF  THIS
SUBDIVISION  SHALL  TAKE  INTO  CONSIDERATION  THE  MARKET RATES PAID TO
PERSONS  OF  COMPARABLE  TRAINING  AND  EXPERIENCE  WHO  OFFER   SIMILAR
SERVICES.  THE  COMPENSATION  AWARDED  MAY  NOT, IN ANY CASE, EXCEED THE
COMPARABLE MARKET RATE FOR SERVICES PAID BY THE DEPARTMENT OR THE PUBLIC
UTILITY, WHICHEVER IS GREATER, TO PERSONS  OF  COMPARABLE  TRAINING  AND
EXPERIENCE WHO ARE OFFERING SIMILAR SERVICES.
  (D)  ANY  COMPENSATION  AWARDED  TO A PARTICIPANT AND NOT USED BY SUCH
PARTICIPANT SHALL BE RETURNED TO THE DEPARTMENT FOR REFUND TO THE PUBLIC
UTILITY OR UTILITIES THAT PROVIDED SUCH PAYMENT.
  (E) THE DEPARTMENT SHALL REQUIRE  THAT  PARTICIPANTS  SEEKING  PAYMENT
MAINTAIN  AN ITEMIZED RECORD OF ALL EXPENDITURES INCURRED AS A RESULT OF
SUCH PROCEEDING.
  (I) THE DEPARTMENT MAY USE THE ITEMIZED RECORD OF EXPENSES  TO  VERIFY
THE  CLAIM OF FINANCIAL HARDSHIP BY A PARTICIPANT SEEKING PAYMENT PURSU-
ANT TO PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION.
  (II) THE DEPARTMENT MAY USE THE RECORD OF EXPENDITURES IN DETERMINING,
AFTER THE COMPLETION OF A PROCEEDING, IF ANY UNUSED FUNDS REMAIN.
  (III) THE DEPARTMENT SHALL PRESERVE THE CONFIDENTIALITY OF THE PARTIC-
IPANT'S RECORDS IN MAKING ANY AUDIT OR DETERMINING THE  AVAILABILITY  OF
FUNDS AFTER THE COMPLETION OF A PROCEEDING.
  (F)  IN  THE  EVENT THAT THE DEPARTMENT FINDS THAT TWO OR MORE PARTIC-
IPANTS' APPLICATIONS HAVE SUBSTANTIALLY SIMILAR INTERESTS,  THE  DEPART-
MENT  MAY REQUIRE SUCH PARTICIPANTS TO APPLY JOINTLY IN ORDER TO RECEIVE
COMPENSATION.
  4. ANY COMPENSATION PURSUANT TO THIS SECTION  SHALL  BE  PAID  AT  THE
CONCLUSION  OF THE PROCEEDING BY THE PUBLIC UTILITY OR UTILITIES SUBJECT
TO THE PROCEEDING WITHIN THIRTY DAYS. SUCH COMPENSATION SHALL BE  REMIT-
TED  TO  THE  DEPARTMENT WHICH SHALL THEN REMIT SUCH COMPENSATION TO THE
PARTICIPANT.
  5. THE DEPARTMENT SHALL DENY ANY AWARD TO ANY PARTICIPANT WHO ATTEMPTS
TO DELAY OR OBSTRUCT THE ORDERLY AND TIMELY FULFILLMENT OF  THE  DEPART-
MENT'S RESPONSIBILITIES.
  S  2. The state finance law is amended by adding a new section 97-pppp
to read as follows:
  S 97-PPPP. UTILITY INTERVENOR ACCOUNT. 1. THERE IS HEREBY  ESTABLISHED
IN  THE  JOINT  CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF

S. 1090--A                          4

TAXATION AND FINANCE A FUND  TO  BE  KNOWN  AS  THE  UTILITY  INTERVENOR
ACCOUNT.
  2.  SUCH ACCOUNT SHALL CONSIST OF ALL UTILITY INTERVENOR REIMBURSEMENT
MONIES RECEIVED FROM UTILITIES PURSUANT TO SECTION TWENTY-FOUR-C OF  THE
PUBLIC SERVICE LAW.
  S  3.  This  act shall take effect on the thirtieth day after it shall
have become a law.

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Senate Bill S1090A

Sponsored By

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Bill Amendments

2015-S1090 - Details

2015-S1090 - Summary

2015-S1090 - Sponsor Memo

2015-S1090 - Bill Text download pdf

2015-S1090A (ACTIVE) - Details

2015-S1090A (ACTIVE) - Summary

2015-S1090A (ACTIVE) - Sponsor Memo

2015-S1090A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1090A

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Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Bill Amendments

2015-S1090 - Details

2015-S1090 - Summary

2015-S1090 - Sponsor Memo

2015-S1090 - Bill Text download pdf

2015-S1090A (ACTIVE) - Details

2015-S1090A (ACTIVE) - Summary

2015-S1090A (ACTIVE) - Sponsor Memo

2015-S1090A (ACTIVE) - Bill Text download pdf

Comments