S T A T E   O F   N E W   Y O R K
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                                  9652

                          I N  A S S E M B L Y

                             March 24, 2016
                               ___________

Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
  tee on Energy

AN ACT to amend the public service law, in relation to limiting authori-
  ty  for  retail wheeling or delivery of natural gas not purchased from
  the electric or  gas  corporation  delivering  it  to  non-residential
  customers

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

  Section 1. Paragraph (b) of subdivision 12-b  of  section  66  of  the
public  service  law,  as  added  by chapter 626 of the laws of 1983, is
amended to read as follows:
  (b) The commission may also authorize utility corporations to contract
with existing or prospective  industrial  and  commercial  customers  to
wheel  or  deliver electricity or gas purchased directly by such custom-
ers, provided that the commission finds that such  arrangements  are  in
the  overall  best  interest  of the rate payers of the corporation, and
that the rates and fees for the services provided adequately  compensate
the corporation for the use of its facilities, AND FURTHER PROVIDED THAT
SUCH  WHEELING  OR DELIVERY OF ELECTRICITY OR NATURAL GAS TO RESIDENTIAL
CUSTOMERS SHALL NOT BE ALLOWED.
  S 2. Section 66-d of the public service law, as added by  chapter  519
of the laws of 1984, subdivision 2 as amended by chapter 790 of the laws
of 1985, is amended to read as follows:
  S 66-d. Contract  carrier  authorization.  1.  For  purposes  of  this
section the term natural gas shall mean natural gas produced within  the
state  or  transported  within  the  state  no matter where produced for
consumption in the state BY NON-RESIDENTIAL CUSTOMERS.
  2. The commission, upon its own initiative or upon  application  by  a
natural gas producer or a NON-RESIDENTIAL consumer of natural gas in any
year  and after notice and hearing shall, upon such terms and subject to
such conditions as the commission considers just  and  reasonable,  have
the authority to order any gas corporation to transport or contract with
others  to  transport  gas  under  contract for sale by such producer or
owned by such NON-RESIDENTIAL consumer  provided  that,  the  commission

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

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A. 9652                             2

finds  that  the  gas  corporation has available capacity, that no undue
burden shall be placed upon the gas corporation or  its  ratepayers  and
that  the  ability  of the gas corporation to render adequate service to
its customers is not impaired.
  S 3. This act shall take effect immediately.