PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:

The Public Service Commission, on August 2, 2017, adopted an order directing Consolidated Edison Company of New York, Inc. (Con Edison) to work with Department of Public Service Staff, Electric Power Research Institute (EPRI) and the Metropolitan Transportation Authority (MTA) to facilitate the timely and effective review and assessment of Con Edison’s electric system and related equipment and the quality of its power supplied to the MTA subway system, and to take other specific actions to designate a team of individuals to assist Department Staff and EPRI in their assessment; conduct and provide results of power quality monitoring data analysis; work with the MTA to identify locations with frequent power issues; make readily available for review system and equipment design drawings, specifications, and operational procedures; continue the priority work identified by an April 21, 2017 incident investigation to improve the reliability of its electric service to the MTA; complete the electric inspections with the MTA and make necessary repairs to its facilities, with signal equipment as a priority, at all remaining MTA sites used to provide low voltage power to the subway system; identify the source of frequent power supply and reliability issues and expeditiously rectify Con Edison conditions causing such issues; replace aluminum and other high failure rate cables serving the MTA subway stations; install redundant power supplies or improve the reliable design of the service to the stations that do not currently have such redundancy; and procure and deploy remote monitoring technology on its low voltage services to the MTA.

Preservation of public health, public safety and general welfare.

This action taken on an emergency basis pursuant to State Administrative Procedure Act (SAPA) § 202(6) directing Consolidated Edison Company of New York, Inc. (Con Edison) to take steps to safeguard and maintain adequate utility service to the subway system is necessary to protect the health, safety and general welfare of the public in New York City and the surrounding suburbs who travel on the MTA subway system daily. Frequent service outages and disruptions have had a detrimental impact on the health and safety of the thousands of individuals daily traveling on the MTA subway systems, making it imperative that Con Edison dedicate additional resources to improve the condition of its equipment and the quality of power it supplies to the MTA system. This is particularly important given the current heat and humidity of the summer months and the frequent loss of power and air conditioning that results from service outages.

Reviews, inspections, assessments, repairs and supplements to electrical systems and equipment, and increased reporting.

To safeguard and maintain adequate electric utility service to the MTA subway system.

The Public Service Commission (Commission) is considering the adoption of a further rulemaking order directing Consolidated Edison Company of New York, Inc. (Con Edison) to work with Department of Public Service Staff (DPS), Electric Power Research Institute and the Metropolitan Transportation Authority (MTA) to facilitate the timely and effective review and assessment of Con Edison’s electric system and related equipment and the quality of its power supplied to the MTA subway system, and to take other specific actions to designate a team of individuals to assist Department Staff and EPRI in their assessment; conduct and provide results of power quality monitoring data analysis; work with the MTA to identify locations with frequent power issues; make readily available for review system and equipment design drawings, specifications, and operational procedures; continue the priority work identified by an April 21, 2017 incident investigation to improve the reliability of its electric service to the MTA; complete the electric inspections with the MTA and make necessary repairs to its facilities, with signal equipment as a priority, at all remaining MTA sites used to provide low voltage power to the subway system; identify the source of frequent power supply and reliability issues and expeditiously rectify Con Edison conditions causing such issues; replace aluminum and other high failure rate cables serving the MTA subway stations; install redundant power supplies or improve the reliable design of the service to the stations that do not currently have such redundancy; and procure and deploy remote monitoring technology on its low voltage services to the MTA. As part of the rulemaking, the Commission will make determinations resolving any disagreements between Con Edison, MTA and DPS regarding the “date certain” by which various tasks related to safeguarding and maintaining adequate utility service to the subway system must be completed. The Commission will also consider whether there are other specific measures Con Edison could take that would effectively improve the combined resiliency of its and MTA’s electrical systems and/or to assist DPS Staff in completing the joint review of the Con Edison and MTA electrical systems. The Commission may adopt, reject or modify, in whole or in part, the proposed rulemaking and may resolve related matters.

to serve as both a notice of emergency adoption and a notice of proposed rule making. The emergency rule will expire November 12, 2017.

John Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486-2655, email: [email protected]

Kathleen H. Burgess, Secretary, Department of Public Service, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 474-6530, email: [email protected]

45 days after publication of this notice.