Bill Text: NY A03189 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Clarifies the time in which the public service commission must act upon certain petitions.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2014-03-31 - amended on third reading 3189b [A03189 Detail]

Download: New_York-2013-A03189-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3189
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 24, 2013
                                      ___________
       Introduced  by  M.  of  A.  BRENNAN, KAVANAGH, ABINANTI -- read once and
         referred to the Committee on Corporations, Authorities and Commissions
       AN ACT to amend the public service law, in relation  to  clarifying  the
         mandatory  time  within  which  the public service commission must act
         upon petitions submitted by regulated entities and the citizenry
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  5 of the public service law is amended by adding
    2  two new subdivisions 7 and 8 to read as follows:
    3    7. A. THE COMMISSION SHALL  TAKE  FORMAL  ACTION  UPON  ALL  PETITIONS
    4  RECEIVED  BY  IT  WITHIN NINETY DAYS OF THE DATE OF FILING OF SUCH PETI-
    5  TION.
    6    B. WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF  THIS  SUBDIVISION  THE
    7  COMMISSION SHALL TAKE FORMAL ACTION UPON ALL PETITIONS PENDING BEFORE IT
    8  FOR WHICH THERE IS NO STATUTE OF LIMITATIONS OR OTHER STATUTORY TIMELINE
    9  WITHIN  WHICH ACTION MUST TAKE PLACE. IF, HOWEVER, THE COMMISSION DETER-
   10  MINES THAT TAKING FORMAL ACTION TO DETERMINE SOME OR ALL OF SUCH PENDING
   11  PETITIONS WOULD NOT BE IN THE PUBLIC INTEREST, THE COMMISSION MAY  ISSUE
   12  A  REPORT DETAILING THE FACTS AND CIRCUMSTANCES UPON WHICH IT BASED SUCH
   13  DECISION, TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF
   14  THE ASSEMBLY, MINORITY LEADERS OF THE SENATE AND  ASSEMBLY,  CHAIRPERSON
   15  AND  RANKING MINORITY MEMBER OF THE SENATE ENERGY AND TELECOMMUNICATIONS
   16  COMMITTEE, AND THE CHAIRPERSON AND RANKING MINORITY MEMBER OF THE ASSEM-
   17  BLY CORPORATIONS, AUTHORITIES AND COMMISSIONS COMMITTEE.
   18    C. FOR THE PURPOSES OF THIS SECTION, THE TERM "PETITION" SHALL MEAN  A
   19  FORMAL WRITTEN REQUEST ADDRESSED TO THE COMMISSION, OR TO ITS DELEGATES,
   20  OR  TO  ANY  SUCCESSOR  IN FUNCTION, STATING THE FACTS AND CIRCUMSTANCES
   21  RELIED UPON AS A CAUSE FOR ACTION BY THE COMMISSION.  A "PETITION" SHALL
   22  NOT INCLUDE A PRUDENCY PETITION DEFINED IN PARAGRAPH  C  OF  SUBDIVISION
   23  EIGHT OF THIS SECTION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07407-01-3
       A. 3189                             2
    1    8.  A.  THE  COMMISSION  SHALL  TAKE  FORMAL  ACTION UPON ALL PRUDENCY
    2  PETITIONS RECEIVED BY IT WITHIN THIRTY DAYS OF THE  DATE  OF  FILING  OF
    3  SUCH PETITION.
    4    B.  WITHIN  THIRTY  DAYS OF THE EFFECTIVE DATE OF THIS SUBDIVISION THE
    5  COMMISSION SHALL TAKE FORMAL ACTION UPON ALL PRUDENCY PETITIONS  PENDING
    6  BEFORE IT.
    7    C.  FOR  THE  PURPOSES  OF THIS SECTION, THE TERM "PRUDENCY PETITION",
    8  SHALL MEAN ANY PETITION REQUESTING THE COMMISSION COMMENCE  AN  INVESTI-
    9  GATION INTO ANY ENTITY THAT THE COMMISSION REGULATES THAT ALLEGES IMPRU-
   10  DENT  BEHAVIOR  WITH  RESPECT  TO  THE OPERATION AND MAINTENANCE OF SUCH
   11  ENTITY, OR THE EMERGENCY PLANNING  AND  RESPONSE  OF  THAT  ENTITY  THAT
   12  RESULTS, WILL RESULT, OR HAS THE POTENTIAL TO RESULT, IN INCREASED COSTS
   13  OR RATES TO RATEPAYERS.
   14    S  2. Severability. If any provision of this act or its application to
   15  any person or circumstance is held invalid,  this  invalidity  does  not
   16  affect  other  provisions  or applications of this act that can be given
   17  effect without the invalid provision or application, and to this end the
   18  provisions of this act are declared to be severable.
   19    S 3. This act shall take effect immediately.