§ 66. General powers of commission in respect to gas and electricity.
The commission shall:

1. Have general supervision of all gas corporations and electric
corporations having authority under any general or special law or under
any charter or franchise to lay down, erect or maintain wires, pipes,
conduits, ducts or other fixtures in, over or under the streets,
highways and public places of any municipality for the purpose of
furnishing or distributing gas or of furnishing or transmitting
electricity for light, heat or power, or maintaining underground
conduits or ducts for electrical conductors, and all gas plants and
electric plants owned, leased or operated by any gas corporation or
electric corporation.

1-a. Review the annual capital expenditure of each combination gas and
electric corporation and may order such improvement in the manufacture,
conveying, transportation, distribution or supply of gas, in the
manufacture, transmission or supply of electricity, or in the methods
employed by such corporation as in the commission's judgment is
adequate, just and reasonable.

2. Investigate and ascertain, from time to time, the quality of gas
supplied by persons, corporations and municipalities; examine or
investigate the methods employed by such persons, corporations and
municipalities in manufacturing, distributing and supplying gas or
electricity for light, heat or power and in transmitting the same, and
have power to order such reasonable improvements as will best promote
the public interest, preserve the public health and protect those using
such gas or electricity and those employed in the manufacture and
distribution thereof, and have power to order reasonable improvements
and extensions of the works, wires, poles, lines, conduits, ducts and
other reasonable devices, apparatus and property of gas corporations,
electric corporations and municipalities; and have power after an
investigation and a hearing to order any corporation having authority
under any general or special law or under any charter or franchise, to
lay down, erect or maintain wires, pipes, conduits, ducts or other
fixtures in, over or under the streets, highways and public places of
any municipality for the purpose of supplying, selling or distributing
natural gas, to augment its supply of natural gas, whenever the
commission deems necessary and whenever artificial gas can be reasonably
obtained, by acquiring by purchase, manufacture or otherwise a supply
thereof to be mixed with such natural gas, in order to render adequate
service to the customers of such corporation or to maintain a proper and
uniform pressure; and have power after an investigation and a hearing to
order any corporation having authority under any general or special law
or under any charter or franchise, to lay down, erect or maintain wires,
pipes, conduits, ducts or other fixtures in, over or under the streets,
highways and public places of any municipality for the purpose of
supplying, selling or distributing artificial gas, to augment its supply
of artificial gas, whenever the commission deems necessary and whenever
natural gas can be reasonably obtained, by acquiring by purchase or
otherwise a supply thereof to be mixed with such artificial gas, in
order to render adequate service to the customers of such corporation or
to maintain a proper and uniform pressure; and to fix such rate for the
supplying of mixed gas as shall secure to such corporation a fair
return; and may order the curtailment or discontinuance of the use of
natural gas for manufacturing or industrial purposes, for periods
aggregating not to exceed four months in any calendar year, if it is
established to the satisfaction of the commission that the supply of
natural gas is not adequate to meet the reasonable demands of domestic
consumption and may prohibit the use of natural gas in wasteful devices
and practices.

2-a. Have power, after an investigation and hearing held on notice and
upon a finding that as a result of a shortage of gas a public emergency
exists, to determine whether any gas corporation has available, or may
be made available by the operation of its facilities, gas in excess of
an amount necessary to supply its consumers for purposes for which gas
may properly be used during such emergency. Upon the making of such a
determination it shall have power to order such a gas corporation to
transfer and make available to any other gas corporation where a
shortage of gas exists, for the duration of the emergency, any or all of
such excess gas for which the transferring company shall receive just
compensation. Such order may require the installation and operation of
all necessary connections and facilities at the expense of the
purchasing gas corporation and require the selling and purchasing gas
corporation to adopt appropriate regulations and practices to carry out
the transfer of gas as ordered.

3. Have power by order to fix and change from time to time standards
of the purity, illuminating power and heating power, and standards for
the measurement thereof, of gas to be manufactured, distributed or sold
by persons, corporations or municipalities for lighting, heating or
power purposes, notwithstanding that other standards of the purity,
illuminating power and heating power of gas and standards for the
measurement thereof, may have been fixed by general or special statute
and to prescribe from time to time the efficiency of the electric supply
system, of the current supplied and of the lamps furnished by the
persons, corporations or municipalities generating and selling electric
current, and by order to require the gas so manufactured, distributed or
sold to equal the standards so fixed by it, and to prescribe from time
to time the reasonable minimum and maximum pressure at which gas shall
be delivered by said persons, corporations or municipalities. For the
purpose of determining whether the gas manufactured, distributed or sold
by such persons, corporations or municipalities for lighting, heating or
power purposes conforms to the standards of illuminating power, heating
power, purity and pressure, and for the purpose of determining whether
the efficiency of the electric supply system, of the current supplied
and of the lamps furnished conforms to the orders issued by the
commission, the commission shall have power of its own motion, to
examine and investigate the plants and methods employed in
manufacturing, delivering and supplying gas or electricity, and shall
have access through its members or persons employed and authorized by it
to make such examinations and investigations to all parts of the
manufacturing plants owned, used or operated by the manufacture,
transmission or distribution of gas or electricity by any such person,
corporation or municipality.

4. Have power, in its discretion, to prescribe uniform methods of
keeping accounts, records and books, to be observed by gas corporations
and electric corporations and by municipalities engaged in the
manufacture, sale and distribution of gas and electricity for light,
heat or power. It may also in its discretion prescribe, by order, forms
of accounts, records and memoranda to be kept by such persons,
corporations and municipalities. Notice of alterations by the commission
in the required method or form of keeping a system of accounts shall be
given to such persons or corporations by the commission at least six
months before the same shall take effect. Any other and additional forms
of accounts, records and memoranda kept by such corporations shall be
subject to examination by the commission.

5. Examine all persons, corporations and municipalities under its
supervision and keep informed as to the methods, practices, regulations
and property employed by them in the transaction of their business.
Whenever the commission shall be of opinion, after a hearing had upon
its own motion or upon complaint, that the rates, charges or
classifications or the acts or regulations of any such person,
corporation or municipality are unjust, unreasonable, unjustly
discriminatory or unduly preferential or in anywise in violation of any
provision of law, the commission shall determine and prescribe in the
manner provided by and subject to the provisions of section seventy-two
of this chapter the just and reasonable rates, charges and
classifications thereafter to be in force for the service to be
furnished notwithstanding that a higher or lower rate or charge has
heretofore been prescribed by general or special statute, contract,
grant, franchise condition, consent or other agreement, and the just and
reasonable acts and regulations to be done and observed; and whenever
the commission shall be of opinion, after a hearing had upon its own
motion or upon complaint, that the property, equipment or appliances of
any such person, corporation or municipality are unsafe, inefficient or
inadequate, the commission shall determine and prescribe the safe,
efficient and adequate property, equipment and appliances thereafter to
be used, maintained and operated for the security and accommodation of
the public and in compliance with the provisions of law and of their
franchises and charters.

6. Require every person and corporation under its supervision and it
shall be the duty of every such person and corporation to file with the
commission an annual report, verified by the oath of the president,
vice-president, treasurer, secretary, general manager, or receiver, if
any, thereof, or by the person required to file the same. The
verification shall be made by said official holding office at the time
of the filing of said report, and if not made upon the knowledge of the
person verifying the same shall set forth the sources of his information
and the grounds of his belief as to any matters not stated to be
verified upon his knowledge. The report shall show in detail (a) the
amount of its authorized capital stock and the amount thereof issued and
outstanding; (b) the amount of its authorized bonded indebtedness and
the amount of its bonds and other forms of evidence of indebtedness
issued and outstanding; (c) its receipts and expenditures during the
preceding year; (d) the amount paid as dividends upon its stock and as
interest upon its bonds; (e) the names of its officers and the aggregate
amount paid as salaries to them and the amount paid as wages to its
employees; (f) the location of its plant or plants and system, with a
full description of its property and franchises, stating in detail how
each franchise stated to be owned was acquired; and (g) such other facts
pertaining to the operation and maintenance of the plant and system, and
the affairs of such person or corporation as may be required by the
commission. Such reports shall be in the form, cover the period and be
filed at the time prescribed by the commission. The commission may, from
time to time, make changes and additions in such forms. When any such
report is defective or believed to be erroneous, the commission shall
notify the person, corporation or municipality making such report to
amend the same within a time prescribed by the commission. Any such
person or corporation or municipality which shall neglect to make any
such report or which shall fail to correct any such report within the
time prescribed by the commission shall be liable to a penalty of one
hundred dollars and an additional penalty of one hundred dollars for
each day after the prescribed time for which it shall neglect to file or
correct the same, to be sued for in the name of the people of the state
of New York. The amount recovered in any such action shall be paid into
the state treasury and be credited to the general fund. The commission
may extend the time prescribed for cause shown.

7. Require each municipality engaged in operating any works or systems
for the manufacture and supplying of gas or electricity to make an
annual report to the commission, verified by the oath of the general
manager or superintendent thereof, showing in detail, (a) the amount of
its authorized bonded indebtedness and the amount of its bonds and other
forms of evidence of indebtedness issued and outstanding for lighting
purposes; (b) its receipts and expenditures during the preceding year;
(c) the amount paid as interest upon its bonds and upon other forms of
evidence of indebtedness; (d) the name of and the amount paid to each
person receiving a yearly or monthly salary, and the amount paid as
wages to employees; (e) the location of its plant and system with a full
description of the property; and (f) such other facts pertaining to the
operation and maintenance of the plant and system as may be required by
the commission. Such report shall be in the form, cover the period and
be filed at the time prescribed by the commission.

8. Have power, either through its members or inspectors or employees
duly authorized by it, to enter in or upon and to inspect the property,
buildings, plants, factories, power houses, ducts, conduits and offices
of any of such corporations, persons or municipalities.

9. Have power to examine the accounts, books, contracts, records,
documents and papers of any such corporation, person or municipality,
and have power, after hearing, to prescribe by order the accounts in
which particular outlays and receipts shall be entered, charged or
credited. At any such hearing the burden of proof shall be on the
person, corporation or municipality to establish the correctness of the
accounts in which such outlays and receipts have been entered, and the
commission may suspend a charge or credit pending submission of proof by
such person, corporation or municipality.

10. Have power to compel, by subpoena duces tecum, the production of
any accounts, books, contracts, records, documents, memoranda and
papers. In lieu of requiring production of originals by subpoena duces
tecum the commission or any commissioner may require sworn copies of any
such books, records, contracts, documents and papers, or parts thereof,
to be filed with it. The commission may require of all such
corporations, persons or municipalities, specific answers to questions
upon which the commission may need information, and may also require
such corporations, persons or municipalities to file periodic reports in
the form, covering the period and filed at the time prescribed by the
commission. If such corporation, person or municipality shall fail to
make specific answer to any question or shall fail to make a periodic
report when required by the commission as herein provided within the
time and in the form prescribed by the commission for the making and
filing of any such report or answer, such corporation, person or the
officer of the municipality shall forfeit to the state the sum of one
hundred dollars for each and every day it shall continue to be in
default with respect to such report or answer. Such forfeiture shall be
recovered in an action brought by the commission in the name of the
people of the state of New York. The amount recovered in any such action
shall be paid into the state treasury and be credited to the general
fund.

11. Have power in all parts of the state, either as a commission or
through its members, or through an officer or employee specially
authorized to conduct an investigation or hearing to subpoena witnesses,
take testimony and administer oaths to witnesses in any proceeding or
examination instituted before it, or conducted by it in reference to any
matter within its jurisdiction under this article.

12. (a) Have power to require every gas corporation, electric
corporation and municipality hereinafter in this subdivision called a
utility to file with the commission and to print and keep open to public
inspection schedules showing all rates and charges made, established or
enforced or to be charged or enforced, all forms of contract or
agreement and all rules and regulations relating to rates, charges or
service used or to be used, and all general privileges and facilities
granted or allowed by such utility; but this subdivision shall not apply
to state, municipal or federal contracts, except to the extent such
contracts relate to transportation of electricity.

(b) No change shall be made in any rate or charge, or 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, which shall
have been filed by a utility in compliance with an order of the
commission, except after thirty days' notice to the commission and to
each county, city, town and village served by such utility which had
filed with such utility, within the prior twelve months, a request for
such notice and which shall be affected by such change and publication
of a notice to the public of such proposed change once in each week for
four successive weeks in a newspaper having general circulation in each
county containing territory affected by the proposed change, which
notice shall plainly state the changes proposed and when the change will
go into effect. The commission for good cause shown may, except in the
case of major changes, allow changes to take effect prior to the end of
such thirty-day period and without publication of notice to the public
under such conditions as it may prescribe. The commission may delegate
to the secretary of the commission its authority to approve a change to
a schedule postponing the effective date of such schedule previously
filed with the commission and to allow for good cause shown the
postponement to take effect prior to the end of such thirty-day period
and without publication of notice to the public.

(c) For the purpose of this subdivision, "major changes" shall mean an
increase in the rates and charges which would increase the aggregate
revenues of the applicant more than the greater of three hundred
thousand dollars or two and one-half percent, but shall not include
changes in rates, charges or rentals (i) allowed to go into effect by
the commission or made by the utility pursuant to an order of the
commission after hearings held upon notice to the public, or (ii)
proposed by a municipality.

(d) No utility shall charge, demand, collect or receive a greater or
less or different compensation for any service rendered or to be
rendered than the rates and charges specified in its schedule filed and
in effect; nor shall any utility refund or remit in any manner or by any
device any portion of the rates or charges so specified, nor extend to
any person any form of contract or agreement, or any rule or regulation,
or any privilege or facility, except such as are regularly and uniformly
extended to all persons under like circumstances.

(e) The commission shall have power to prescribe the form of every
such schedule, and from time to time prescribe by order such changes in
the form thereof as may be deemed wise. The commission shall also have
power to establish such rules and regulations to carry into effect this
subdivision as it may deem necessary, and to modify or amend such rules
or regulations from time to time. Nothing in this chapter shall be taken
to prohibit a utility from establishing sliding scale upward rates,
beginning at a fixed price per unit for a small consumption and then
increasing the price per unit as the consumption is increased.

(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
commission 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
pleading by the utility, but upon reasonable notice, hold a hearing
concerning 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,
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.

(g) The commission shall review all filings to determine if they are
in compliance with section seventy-two-a of this article. The commission
shall have the power to hold public hearings concerning the propriety of
any increased rate or charge for fuel costs. At any hearing involving
such an increase, the burden of proof as to the correctness and
reasonableness of the charge shall be upon the utility.

(h) The commission may, as authorized by section seventy-two of this
article, establish temporary rates or charges for any period of
suspension under this section.

(i) At any hearing involving a rate, the burden of proof to show that
the change or proposed change if proposed by the utility, or that the
existing rate, if it is proposed to reduce the rate, is just and
reasonable shall be upon the utility; and the commission may give to the
hearing and decision of such questions preference over all other
questions pending before it.

(j) The schedule, rates, charges, form of contract or agreement, rule,
regulation, service, general privilege or facility in force when the new
schedule, rate, charge, form of contract, rule, regulation, service,
general privilege or facility was filed shall continue in force during
the period of the suspension unless the commission shall establish a
temporary rate or charge as authorized by section seventy-two of this
article.

(k) In any case in which the commission determines that the whole or
any part of any increased rate or charge imposed by a utility pursuant
to any automatic adjustment, including but not limited to any fuel
adjustment, was not just and reasonable, because of a lack of reasonable
care on the part of the utility in providing gas or electric service,
the commission may order the utility to refund, with interest, any
moneys collected by the utility pursuant to such whole or part of such
increased rate or charge. In determining whether a utility exercised
reasonable care in providing gas or electric service, the commission
shall take into account the public health and safety consequences, and
the economic consequences to ratepayers, of the utility's actions.

* (1) (i) The commission shall, within ten days of the commencement of
any matter involving a major change in a rate for electric or gas
service, publish, in a readily accessible location on the department's
website, a summary in plain language, not to exceed one page or five
hundred words, to the extent such information is available, containing
the following:

(A) the proposed rate term;

(B) the total proposed rate change, in both percentage change from
prior rate year and absolute requested tariff value, including yearly or
sliding scale breakdown if applicable;

(C) the average proposed rate change for a residential, commercial,
and industrial ratepayer, including yearly or sliding scale breakdown if
applicable;

(D) an explanation of why the rate changes are requested and a summary
of how the proposed revenue will be spent;

(E) the proposed return on equity in both percentage and absolute
value over the total rate term;

(F) an estimated timeline of relevant hearings, comment periods, and
deadlines;

(G) an explanation of how to submit public comment; and

(H) any other information the commission finds relevant.

(ii) The commission shall, within ten days of the issuance of an order
adopting a rate change for electric or gas service or a tariff relating
to a major change in a rate for electric or gas service, publish, in a
readily accessible location on the department's website, a summary, not
to exceed one page or five hundred words, containing the following:

(A) the rate term;

(B) the total rate change, in both percentage change from prior rate
year and absolute tariff value, including yearly or sliding scale
breakdown if applicable;

(C) a comparison of the initial proposed rate change and absolute
tariff value and the final approved rate and tariff value;

(D) the average rate change for a residential, commercial, and
industrial ratepayer, including yearly or sliding scale breakdown if
applicable;

(E) a summary of how the revenue will be spent;

(F) the authorized return on equity in both percentage and absolute
value over the total rate term;

(G) a summary of other proposals relevant to ratepayers such as
earnings adjustment mechanisms, excess revenue allocation, performance
metrics, affordability programs, and additional fees; and

(H) any other information the commission finds relevant.

(iii) In addition to the requirements of paragraph (b) of this
subdivision, the commission shall send such summaries to members of the
legislature who represent any portion of the territory impacted by the
proposed change as well as newspapers having general circulation in each
county containing the territory affected by the proposed change.

* NB Effective November 24, 2024

12-a. Have power to fix and alter the format and informational
requirements of bills utilized by public and private gas corporations,
electric corporations and gas and electric corporations in levying
charges for service, to assure simplicity and clarity and to require
indication of any adjustment charges, including but not limited to fuel
adjustments, in monetary amounts. The commission shall further ensure
periodic explanation of applicable rates and rate schedules for the
purpose of assisting customers in making the most efficient use of
energy.

12-b. (a) In consultation with the commissioner of the department of
commerce have power 1. to designate as economic incentive areas specific
areas in which reduced economic activity, unemployment and
underutilization of utility facilities justifies the approval of reduced
incentive rates for utility services, and to promulgate criteria for
identifying such areas and customers eligible for such rates. Upon
application of a utility corporation the commission shall authorize
special economic incentive rates in such areas to such customers and for
such periods of time as the commission finds will best effectuate the
purposes of this subdivision. The commission may also provide for the
gradual elimination of the rate reduction authorized, and for the
elimination of such reduction, if any conditions imposed by the
commission are not met. 2. to designate or form classes of customers as
appropriate for special rates or tariffs, in order to prevent loss of
such customers, or to attract new customers where necessary to maintain
economic use of utility facilities.

Any such special rate or tariff shall be so designed as to recover the
incremental cost of providing service to such customers and to
contribute to the common costs which otherwise would be borne by other
customers.

(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
customers, 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.

12-c. Notwithstanding any other provision of law, upon application of
a gas or electric corporation, the commission shall authorize such
corporation to charge a special empire zone rate equal to the
incremental cost of providing service to customers certified as eligible
for such rate pursuant to article eighteen-B of the general municipal
law.

12-d. Notwithstanding any other provision of law, upon application of
a gas or electric corporation, the commission shall authorize such
corporation to charge a special excelsior jobs program rate equal to the
incremental cost of providing service to participants in the excelsior
jobs program as defined in article seventeen of the economic development
law.

13. In case any electric corporation or gas corporation is engaged in
carrying on any business other than owning, operating or managing a gas
plant or an electric plant, which other business is not otherwise
subject to the jurisdiction of the commission, and is so conducted that
its operations are to be substantially kept separate and apart from the
owning, operating, managing or controlling of such gas plant or electric
plant, said corporation in respect of such other business shall not be
subject to any of the provisions of this chapter and shall not be
required to procure the assent or authorization of the commission to any
act in such other business or to make any report in respect thereof. But
this subdivision shall not restrict or limit the powers of the
commission in respect to the owning, operating, managing or controlling
by such corporation of such gas plant or electric plant, and said powers
shall include also the right to inquire as to, and prescribe the
apportionment of, capitalization, earnings, debts and expenses fairly
and justly to be awarded to or borne by the ownership, operation,
management or control of such gas plant or electric plant as
distinguished from such other business. In any such case if the owning,
operating, managing or controlling of such gas plant or electric plant
by any such corporation is wholly subsidiary and incidental to the other
business carried on by it and is inconsiderable in amount and not
general in its character, the commission may by general rules exempt
such corporation from making full reports and from the keeping of
accounts as to such subsidiary and incidental business. Where the
permission granted such corporation pursuant to section sixty-eight is
to supply gas only to less than twenty customers specified by the
commission, the commission may, if the public interest permits, exempt
such corporation from compliance with all or any of the provisions of
this article except those affecting matters of public safety and the
provisions of sections sixty-five, sixty-eight and seventy-four.

14. The commission shall have power to require each gas corporation
and electric corporation to establish classifications of service based
upon the quantity used, the time when used, the purpose for which used,
the duration of use and upon any other reasonable consideration, and to
establish in connection therewith just and reasonable graduated rates
and charges; and it shall have power, either upon complaint or upon its
own motion, to require such changes in such classifications, rates and
charges as it shall determine to be just and reasonable. Neither the
scheduled rates nor the minimum charge for residential customers shall,
after July first, nineteen hundred thirty-seven, be based in any manner
on the number of outlets, number of rooms, cubic or square foot area or
other such standards.

15. Receive, and any gas corporation may at any time submit to the
commission for its approval, one or more contracts proposed to be made
by it for the purchase from the producer of by-product gas, to be used
in its service to its consumers, in which said proposed contract the
price of gas shall be based on the then market price of coal, and to
vary therewith whenever the market price of coal shall vary to the
extent of ten per centum for a period of not less than thirty days, and
which said contract shall state the efficiency of said gas, and upon the
approval of said contract by the commission, or said contract as the
same may be amended, altered or changed, and upon the application of
said gas corporation, the commission shall make an order fixing the rate
or rates to be charged to consumers for the service of such gas, which
said rate shall thereafter remain unchanged during the term of said
contract in so far as said rate shall be based on the cost of gas to
said corporation, except as such cost shall vary with the variations in
the price of coal as in said contract provided. The commission shall
have like powers and duties with reference to existing contracts made
prior to January first, nineteen hundred and twenty-two, by a gas
corporation for a supply of by-product gas where the price of gas varies
as the price of coal varies. By-product, as used in this section, is
defined to mean one of the several products obtained by treatment of
coal by some process other than the customary distillation in retorts.

16. The commission shall have power after a hearing on its own motion,
upon complaint or upon the application of a gas corporation or electric
corporation to prescribe rates and charges for gas, electricity or other
service rendered or to be rendered, embodying the automatic adjustment
of such rates and charges, over a fixed period not exceeding four years,
based on the relation between the net income from such rates and charges
available for return and the fair value of the property of the
corporation used and useful in said service; but nothing in this
subdivision shall operate to prevent the commission after the expiration
of such fixed period from fixing proper, just and reasonable rates and
charges to be made for gas, electricity or service as authorized in this
article.

17. Notwithstanding the provisions of this article, any gas
corporation which transports natural gas through the state of New York
but which does not deliver, sell or furnish any such gas to any person
or corporation within the state of New York, shall be subject to
regulation by the commission only insofar as the construction and
operation of such facilities shall affect matters of public safety.

19. (a) The commission shall have power to provide for management and
operations audits of gas corporations and electric corporations. Such
audits shall be performed at least once every five years for combination
gas and electric corporations, as well as for straight gas corporations
having annual gross revenues in excess of two hundred million dollars.
The audit shall include, but not be limited to, an investigation of the
company's construction program planning in relation to the needs of its
customers for reliable service, an evaluation of the efficiency of the
company's operations, an evaluation of customer privacy protections,
including but not limited to customer electrical and gas consumption
data, and protection of critical energy infrastructure as defined in
subdivision fourteen of section 1-103 of the energy law, recommendations
with respect to same, and the timing with respect to the implementation
of such recommendations. The commission shall have discretion to have
such audits performed by its staff, or by independent auditors.

In every case in which the commission chooses to have the audit
provided for in this subdivision or pursuant to subdivision fourteen of
section sixty-five of this article performed by independent auditors, it
shall have authority to select the auditors, and to require the company
being audited to enter into a contract with the auditors providing for
their payment by the company. Such contract shall provide further that
the auditors shall work for and under the direction of the commission
according to such terms as the commission may determine are necessary
and reasonable.

(b) Each corporation subject to an audit under this subdivision shall
file a report with the commission within thirty days after issuance of
such audit detailing its plan to implement the recommendations made in
the audit. After review of such plan, the commission may require each
combined electric and gas corporation amend its plan in a particular
manner. Such plan shall thereafter become enforceable upon approval by
the commission. The commission shall have power to commence a proceeding
to examine any such corporation's compliance with the recommendations of
such audit.

(c) Upon the application of a gas or electric corporation for a major
change in rates as defined in subdivision twelve of this section, the
commission shall review that corporation's compliance with the
directions and recommendations made previously by the commission, as a
result of the most recently completed management and operations audit.
The commission shall incorporate the findings of such review in its
opinion or order, and such findings shall be enforceable by the
commission.

(d) The commission shall have the power to provide for an annual audit
of gas corporations and electric corporations relating to the adequacy
of cyber-security policies, protocols, procedures and protections
including, but not limited to, as such policies, protocols, procedures
and protections relate to critical energy infrastructure as defined in
subdivision fourteen of section 1-103 of the energy law and customer
privacy including but not limited to customer electric and gas
consumption data. The commission shall have the discretion to have such
audits performed by its staff or by an independent third party.

20. Notwithstanding any general or special law, rule or regulation,
the commission shall have the power to provide for the refund of any
revenues received by any gas or electric corporation which cause the
corporation to have revenues in the aggregate in excess of its
authorized rate of return for a period of twelve months. The commission
may initiate a proceeding with respect to such a refund after the
conclusion of any such twelve month period.

21. (a) Each electric corporation subject to section twenty-five-a of
this chapter shall annually, on or before December fifteenth, submit to
the commission an emergency response plan for review and approval. The
emergency response plan shall be designed for the reasonably prompt
restoration of service in the case of an emergency event, defined for
purposes of this subdivision as an event where widespread outages have
occurred in the service territory of the company due to storms, cyber
attack, or other causes beyond the control of the company. The emergency
response plan shall include, but need not be limited to, the following:
(i) the identification of management staff responsible for company
operations during an emergency; (ii) a communications system with
customers during an emergency that extends beyond normal business hours
and business conditions; (iii) identification of and outreach plans to
customers who had documented their need for essential electricity for
medical needs, which shall include but not be limited to, apnea monitors
for infants, cuirass respirators, hemodialysis machines, IV feeding
machines, IV medical infusion machines, oxygen concentrators, positive
pressure respirators, respirator/ventilators, rocking bed respirators,
suction machines, and tank type respirators; (iv) identification of and
outreach plans to customers who had documented their need for essential
electricity to provide critical telecommunications, critical
transportation, critical fuel distribution services or other large-load
customers identified by the commission; (v) designation of company staff
to communicate with local officials and appropriate regulatory agencies;
(vi) provisions regarding how the company will assure the safety of its
employees and contractors; (vii) procedures for deploying company and
mutual aid crews to work assignment areas; (viii) identification of
additional supplies and equipment needed during an emergency; (ix) the
means of obtaining additional supplies and equipment; (x) procedures to
practice the emergency response plan; (xi) appropriate safety
precautions regarding electrical hazards, including plans to promptly
secure downed wires within thirty-six hours of notification of the
location of such downed wires from a municipal emergency official; (xii)
plans to prioritize the securing of downed wires over routine
maintenance or other work unrelated to a response to an emergency event
after notification by an individual of the location of such downed wires
and where such notification includes information indicating wire
burning, arcing/sparking, or the restriction of ingress and egress from
a building or vehicle, or other immediate hazards. Such plans shall, at
minimum, include procedures to identify, locate, and assess the reported
wire no later than seventy-two hours after the response to an emergency
event ends; (xiii) plans setting forth how the communication and
coordination of efforts between the electric corporation, electric
corporation employees, electric corporation company crews, mutual aid
crews, other utilities, local governments and any other entity
performing services to assist such electric corporation shall occur; and
(xiv) such other additional information as the commission may require.
Each such corporation shall, on an annual basis, undertake drills
implementing procedures to practice its emergency management plan. The
commission may adopt additional requirements consistent with ensuring
the reasonably prompt restoration of service in the case of an emergency
event.

(b) After review of a corporation's emergency response plan, the
commission may require such corporation to amend the plan. The
commission may also open an investigation of the corporation's plan to
determine its sufficiency to respond adequately to an emergency event.
If, after hearings, the commission finds a material deficiency in the
plan, it may order the company to make such modifications that it deems
reasonably necessary to remedy the deficiency.

(c) The commission is authorized to open an investigation to review
the performance of any corporation in restoring service or otherwise
meeting the requirements of the emergency response plan during an
emergency event. If, after evidentiary hearings or other investigatory
proceedings, the commission finds that the corporation failed to
reasonably implement its emergency response plan or the length of such
corporation's outages were materially longer than they would have been,
because of such corporation's failure to reasonably implement its
emergency response plan, the commission may deny the recovery of any
part of the service restoration costs caused by such failure,
commensurate with the degree and impact of the service outage; provided,
however, that nothing herein limits the commission's authority to
otherwise commence a proceeding pursuant to sections twenty-four,
twenty-five and twenty-five-a of this chapter.

(d) The commission shall certify to the department of homeland
security and emergency services that each such corporation's emergency
response plan is sufficient to ensure to the greatest extent feasible
the timely and safe restoration of energy services after an emergency in
compliance with the requirements of this chapter.

(e) The filing of each emergency response plan required under
paragraph (a) of this subdivision shall also include a copy of all
written mutual assistance agreements among utilities.

(f) Each electric corporation shall file with the county executive or
the chief elected official of a county for each county within its
service territory the most recent approved copy of the emergency
response plan required pursuant to this section. For the purposes of an
electric corporation operating within the city of New York, such
corporation shall file the most recent approved emergency response plan
with the emergency management office of the city of New York.

(g) The commission shall provide access to such emergency response
plan pursuant to article six of the public officers law.

22. The commission shall permit the recovery through rates established
pursuant to this section of all payments made by electric corporations
pursuant to section twenty-nine-c of the executive law.

23. Require every gas corporation or electric corporation having
equipment containing five hundred parts per million or greater of
polychlorinated biphenyls (PCBs), including but not limited to,
capacitors and transformers, to submit a report to the commission. The
report shall contain (1) a list of such equipment that is in service,
each unit's location, size and service age, (2) a list of such equipment
that is retired from service after the effective date of this
subdivision, the date each unit was retired from service, and the
location of the facility where the unit and/or PCBs are processed or
stored, (3) the date for shipment of PCBs within or out of New York
state, and (4) a description of the New York state portion of the
shipping route. The commission shall require the report to be updated
and distributed semiannually. In addition, such corporation shall submit
to each county and city located in the service territory of the
corporation a report containing the information listed above for such
equipment and PCBs located in or transported through the county or city
receiving the report.

For the purposes of this subdivision, capacitors, transformers, and
equipment designed to use the PCB-free mineral oil dielectric fluids
shall be presumed to contain concentrations below five hundred parts per
million of PCBs, unless the unit has been serviced with fluid which
contains five hundred parts per million or greater of PCBs, or there is
any other reason to believe that the unit contains or was ever mixed
with fluid with a concentration level of five hundred parts per million
or greater or unless testing has specifically shown otherwise.

24. (a) If a nuclear power plant which is not commercially used and
useful in the actual generation of electricity on the effective date of
this subdivision and which is owned by a single utility on or after the
effective date of this subdivision fails to commence or continue
commercial operation after the effective date of this subdivision, the
commission shall thereafter remove and exclude from the utility
corporation's revenue requirement all amounts, costs, charges,
adjustments, or extraordinary cost of capital allowances theretofore
made, granted or provided which are attributable, directly or
indirectly, to such nuclear power plant or to such plant's failure to
commence commercial operation.

(b) The commission shall not thereafter, unless and until such plant
commences or recommences commercial operation, include in such utility's
revenue requirement any amounts, costs, charges, adjustments or
extraordinary cost of capital allowances attributable, directly or
indirectly, to such plant or to such plant's failure to commence
commerical operation.

(c) Nothing in this subdivision shall be deemed to require a refund of
the charges paid by or billed to a customer of such utility prior to a
failure to commence or continue commercial operation of such plant.

(d) For the purposes of this subdivision, the failure to commence or
continue commercial operation shall mean the abandonment of such plant
after the effective date of this subdivision; the denial, including any
denial pursuant to or as a result of any administrative or judicial
review, of a commercial operating license or other regulatory approval
necessary for the plant to become commercially used and useful in the
actual generation of electricity; the failure of the plant to become
commercially used and useful in the actual generation of electricity
within forty-two months of the issuance of the low power testing license
for such plant; or the occurrence of any event or the existence of any
circumstances (other than customary inspection and maintenance and
related repairs or refueling requirements) after the plant becomes
commercially used and useful in the actual generation of electricity
which renders the plant not commercially used and useful in the actual
generation of electricity.

25. Notwithstanding any other provision of law to the contrary,
whenever a city having a population of one million or more provides for
a deduction from gross receipts of a gas corporation or electric
corporation, pursuant to a local law authorized by the provisions of
subdivision (k) of section twelve hundred one of the tax law, the rate
or charge imposed by any such corporation within such city upon
non-residential users of electricity or gas eligible to receive a rebate
in accordance with a local law or laws adopted pursuant to article two-G
of the general city law shall be set by the commission so as to reflect
fully the decrease in tax liability attributable to such deduction.

26. Notwithstanding any other provision of law to the contrary,
whenever the gas facility costs of a gas corporation are paid or
reimbursed by the city of New York as provided in the gas facility cost
allocation act, the rates and charges of such gas corporation within
such city shall be set by the commission so as to reflect fully the
amount of such payments and reimbursements made by such city. The amount
of such payments and reimbursements shall not be reflected directly or
indirectly in any rate or charge imposed by such corporation outside
such city.

27. (a) Each electric corporation with annual gross revenues in excess
of two hundred million dollars shall offer the option of paying charges
on the basis of time of use rates for service to its residential
customers and to posts and halls owned by a not-for-profit corporation
that is a veterans' organization. Such electric corporation shall
periodically send a notice explaining the rates and informing such
customers and organizations that the rates are available.

(b) Any electric corporation which offers its customers time of use
rates shall notify those customers who elect or receive such rate
regarding the following:

(1) the hours for which such rates are available for both standard and
daylight savings time;

(2) the procedure such customers shall follow in order to have their
meter clocks reset following an interruption of service if such
resetting is necessary to restore the effective hours of the time of use
rates; and

(3) when the utility has knowledge of an outage, a statement within
sixty days of such outage that the time of use rates may not be applied
at the previously stated times until the meter clock is reset, if such
resetting is necessary.

28. No revenues foregone by an electric corporation, as a result of
subjecting certain veterans' organizations with rates or charges
applicable to domestic consumers pursuant to section seventy-six of this
article, shall be recovered from the customers of such corporation.

29. (a) Each electric corporation subject to section twenty-five-a of
this chapter shall prepare and submit a climate change vulnerability
study to the commission within eighteen months of the effective date of
this act. The commission shall provide such study to the governor and
the legislature. The climate change vulnerability study shall evaluate
the electric corporation's infrastructure, design specifications, and
procedures to better understand the corporation's vulnerability to
climate-driven risks, and shall include, but not be limited to,
adaptation measures to address vulnerabilities and any other information
deemed necessary by the commission.

(b) Within sixty days from submission of a climate change
vulnerability study to the commission, each electric corporation subject
to section twenty-five-a of this chapter shall submit a climate
resilience plan to the commission for review and approval. Each plan
shall: (i) propose storm hardening and resiliency measures for the next
ten years and twenty years, and shall explain the systematic approach
the corporation will follow to achieve the objectives of mitigating the
impacts of climate change to utility infrastructure, reducing
restoration costs and outage times associated with extreme weather
events, and enhancing reliability, as well as such other additional
objectives the commission may require consistent with ensuring increased
resiliency of utility infrastructure and overall reliability during
extreme weather events; (ii) detail how the corporation will incorporate
climate change into its planning, design, operations, and emergency
response; (iii) incorporate climate change into existing processes and
practices, manage climate change risks and build resilience; (iv)
propose adjustments, as necessary, to how the corporation plans and
designs infrastructure for the increasing impacts from climate change;
and (v) address each of the elements specified in paragraph (d) of this
subdivision and any additional elements specified by the commission. The
commission shall adopt rules to specify any additional elements that
must be included in a corporation's filing for review of climate
resilience plans.

(c) Each subject electric corporation shall contemporaneously serve
the climate resilience plan on the parties from its last rate case filed
pursuant to subdivision twelve of this section.

(d) In its review of each climate resilience plan filed pursuant to
this subdivision, which shall be separate from a corporation's rate
proceeding, the commission shall, at minimum, consider:

(i) the extent to which the plan is expected to mitigate the impacts
of climate change, reduce restoration costs and outage times associated
with extreme weather events, and enhance reliability, including whether
the plan examines areas of lower reliability performance;

(ii) the extent to which storm protection and hardening of
transmission and distribution infrastructure is feasible, reasonable, or
practical in certain areas of the corporation's service territory,
including, but not limited to, coastal areas, flood zones, and rural
areas;

(iii) the estimated costs and benefits to the corporation and its
customers of making the improvements proposed in the plan, including
considerations of equity in the plan as applied across the entire
service territory, with particular attention paid to the costs and
benefits in undergrounding transmission and distribution lines;

(iv) a schedule for implementing each of the storm hardening and
resiliency measures included in the plan;

(v) whether the plan includes major performance benchmarks that
measure the effectiveness of the implementation of the plan;

(vi) the estimated annual rate impact resulting from implementation of
the plan during the first five years addressed in the plan;

(vii) the extent to which the plan considers a multi-pronged strategy
appropriately tailored to addressing the impacts of climate change,
reducing restoration costs and outage times and enhancing infrastructure
reliability, including, but not limited to, vegetation management,
improvements to system management practices, undergrounding of
distribution and transmission lines, replacement of obsolete cables,
wires and poles, automation and circuit reconfiguration, investing in
infrastructure that supports the development of technologies that would
improve response to extreme weather events and reduce restoration costs,
and system resiliency through the deployment of distributed energy
resources, and fortifying critical facilities;

(viii) the extent to which the plan identifies opportunities for
coordination with municipalities, customer advocate groups, the
independent system operator, the energy research and development
authority, and other utility or telecommunication service providers;
and,

(ix) the recommendations from the utility climate resilience working
group established pursuant to paragraph (h) of this subdivision.

(e) No later than eleven months after a corporation files a climate
resilience plan that contains all of the elements required by this
subdivision, and after a public hearing on the plan, which shall include
a public forum at a physical location, attended by commission members or
their designees to take in written or oral comment, the commission shall
determine whether it is in the public interest to approve or modify the
plan.

(f) At least every five years after approval of a corporation's
climate resilience plan, or more frequently upon a schedule determined
to be appropriate by the commission, each corporation must file, for
commission review, an updated plan that addresses each element specified
in paragraph (b) of this subdivision. The commission shall approve,
modify, or deny each updated plan pursuant to the criteria used to
review the initial plan.

(g) The commission shall authorize each electric corporation to fully
recover in the context of rate proceedings the costs associated with
each project included in such corporation's climate resilience plan that
is approved or modified by the commission, so long as such costs were
prudently incurred. Each corporation may begin implementation of the
climate and resilience measures in accordance with the schedule
specified in its climate resilience plan once such plan is approved or
modified by the commission. For capital projects that are placed into
service and additional unrecovered expenses incurred prior to the base
rates being reset in the first rate proceeding commenced by such
corporation subsequent to the commission's approval or modification of
the climate resilience plan, the company shall recover such costs
through a "climate resiliency cost recovery" surcharge. The costs to be
recovered through such a surcharge shall be detailed in a filing to the
commission, and each corporation shall propose a method of allocating
costs to customer classes in said filing. Such costs for capital
projects in service may include an annual depreciation cost, calculated
at the corporation's approved depreciation rates and a return on the
undepreciated balance of the plant in service calculated at the
corporation's approved weighted average cost of capital. In addition,
all unrecovered expense balances, net of taxes, shall also earn carrying
charges at the corporation's approved weighted average cost of capital.
The commission may roll any unrecovered costs associated with such
surcharge into base rates when the corporation's base rates are reset.
The commission shall identify in any order approving or modifying a
corporation's rate plan the resiliency and storm hardening component of
the revenue requirement on a cost and/or percentage basis.

(h) Each corporation shall establish a utility climate resilience
working group no later than one year after the effective date of this
subdivision. Such working group shall advise and make recommendations to
the corporation and the commission on the development and implementation
of the corporation's climate resilience plan. The corporation shall, in
consultation with the department, include in the working group
representatives from municipalities, customer advocacy groups, and
energy and environmental advocacy organizations. The working group shall
meet at least twice annually.

(i) Each corporation shall provide to the county executive or the
chief elected official of a county for each county within its service
territory the most recent approved copy of the climate resilience plan
required pursuant to this subdivision. For the purposes of an electric
corporation operating within the city of New York, such corporation
shall provide the most recent approved climate resilience plan with both
the mayor's office and emergency management office of the city of New
York.

(j) The commission shall provide access to such climate resilience
plans pursuant to article six of the public officers law.

(k) Beginning December first of the year after the second full year of
implementation of a climate resilience plan and biennially thereafter,
the corporation shall file with the commission a report on the status of
its activities to comply with the plan, which report the commission
shall, after review, submit to the governor and the legislature. The
report shall include, but is not limited to, identification of all storm
protection and resiliency activities completed or planned for
completion, the actual costs and rate impacts associated with completed
activities as compared to the estimated costs and rate impacts for those
activities, the estimated costs and rate impacts associated with
activities planned for completion, and the governance, planning, and
operational activities undertaken by the corporation in furtherance of
the climate resilience plan.

(l) The commission shall promulgate any necessary rules and
regulations to implement and administer the provisions of this
subdivision.

30. Promulgate rules and regulations to direct electric or gas
corporations to develop and implement tools to monitor: (a) operational
control networks giving the electric or gas corporation the ability to
undertake the detection of unauthorized network behavior related to such
corporation's industrial control systems, as defined in subdivision
fifteen of section 1-103 of the energy law; and (b) monitor and protect
customer privacy, including but not limited to customer electric and gas
consumption data from unauthorized disclosure. On or before December
thirty-first, two thousand twenty-three and not later than five years
after such date, and every five years thereafter, the commission shall
provide a report to the governor, the temporary president of the senate,
the speaker of the assembly, the chairperson of the assembly standing
committee on energy, and the chairperson of the senate standing
committee on energy and telecommunications reviewing electric or gas
corporation compliance with this section, including, as necessary,
recommendations to the legislature if the commission determines that
additional measures are required to ensure the effective protection of
electric or gas corporation critical infrastructure.

31. Promulgate rules and regulations to direct electric or gas
corporations to require the installation of advanced metering
infrastructure that connects to the electric or gas distribution network
operated by such electric or gas corporation be permitted only so long
as access to the advanced meter infrastructure enables two-way
communication between utilities and meters through the optimal
communications network option, such as a wireless network, that is
shared by at least two meter providers operating within the United
States of America, if the commission determines that it is cost
effective and technically feasible to do so.

32. Customer electric and gas consumption data shall be considered
confidential. The commission shall have the authority to promulgate
rules and regulations to require gas or electric corporations to take
necessary measures to protect such data from unauthorized or unconsented
disclosure.