Tariff Amendments Regarding Notice for Recharge New York Economic Development Power
NY-ADR
7/3/12 N.Y. St. Reg. PSC-27-12-00002-EP
NEW YORK STATE REGISTER
VOLUME XXXIV, ISSUE 27
July 03, 2012
RULE MAKING ACTIVITIES
PUBLIC SERVICE COMMISSION
EMERGENCY/PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. PSC-27-12-00002-EP
Filing Date. Jun. 15, 2012
Effective Date. Jun. 15, 2012
Tariff Amendments Regarding Notice for Recharge New York Economic Development Power
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Proposed Action:
The PSC adopted an order approving on an emergency basis tariff revisions filed by Niagara Mohawk Power Corporation (NMPC). The tariff revisions reduce from 60 days to 30 days the period by which NMPC will begin to supply low cost power under the Recharge New York (RNY) program to eligible customers after receiving notice from the New York Power Authority.
Statutory authority:
Public Service Law, sections 5, 65 and 66; Public Authorities Law, section 1005; Economic Development Law, section 188-a
Finding of necessity for emergency rule:
Preservation of public health, public safety and general welfare.
Specific reasons underlying the finding of necessity:
This action is taken on an emergency basis pursuant to State Administrative Procedure Act (SAPA) § 202(6). Failure to approve Niagara Mohawk Power Corporation's (NMPC) proposed tariff revisions would result in a delay in providing low cost economic development power to NMPC's industrial and commercial customers. Such a delay could adversely impact the state's economy by causing rate shock to certain private employers. As a result, compliance with the advance notice and comment requirements of SAPA § 202(1) would be contrary to the public interest, and the immediate authorization to approve the necessary tariff amendments is necessary for the preservation of the public health, safety and general welfare.
Subject:
Tariff amendments regarding notice for Recharge New York economic development power.
Purpose:
Reducing Niagara Mohawk Power Corporation's Recharge New York notice provisions from 60 days to 30 days.
Substance of emergency/proposed rule (Full text is posted at the following State website:www.dps.ny.gov):
The Public Service Commission adopted an order approving on an emergency basis tariff revisions filed by Niagara Mohawk Power Corporation (NMPC). The tariff revisions reduce from 60 days to 30 days the period by which NMPC will begin to supply low cost power under the Recharge New York (RNY) program to eligible customers after receiving notice from the New York Power Authority. The proposed revision brings NMPC's tariff in conformity with the RNY notice provisions of the other New York electric utilities' RNY tariffs. Failure to approve the tariff amendments before the July 1, 2012 commencement of the RNY program could cause economic hardship to eligible business frustrating the purpose of the RNY economic development program.
This notice is intended:
to serve as both a notice of emergency adoption and a notice of proposed rule making. The emergency rule will expire September 12, 2012.
Text of rule may be obtained from:
Leann Ayer, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486-2655, email: [email protected]
Data, views or arguments may be submitted to:
Jaclyn A. Brilling, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 474-6530, email: [email protected]
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement
Statements and analyses are not submitted with this notice because the amended rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act.
(11-E-0176EP4)
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