Postponement of Delivery Rate and System Improvement Charge (SIC) Increases and Implementation ...
NY-ADR
4/15/20 N.Y. St. Reg. PSC-15-20-00005-EP
NEW YORK STATE REGISTER
VOLUME XLII, ISSUE 15
April 15, 2020
RULE MAKING ACTIVITIES
PUBLIC SERVICE COMMISSION
EMERGENCY/PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. PSC-15-20-00005-EP
Filing Date. Mar. 25, 2020
Effective Date. Mar. 25, 2020
Postponement of Delivery Rate and System Improvement Charge (SIC) Increases and Implementation of a Make Whole Surcharge
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Proposed Action:
The Commission adopted an order on March 25, 2020 postponing New York American Water Company’s (NYAW) approved water delivery rate increases and System Improvement Charge (SIC) surcharge increases and approving implementation of a make whole surcharge.
Statutory authority:
Public Service Law, sections 5(1), 89-b(1) and 89-c(10)
Finding of necessity for emergency rule:
Preservation of general welfare.
Specific reasons underlying the finding of necessity:
Governor Andrew Cuomo, on March 7, 2020, declared a state of emergency due to the unprecedented coronavirus (COVID-19) pandemic that is now spreading rapidly throughout the state and country. The declaration, while necessary to protect the health, safety and general welfare of the public, has inevitably resulted in the temporary closure of many businesses and schools across the state. Given the potential for widespread financial hardships related to the COVID-19 pandemic, New York American Water (NYAW) seeks, among other things, approval for a five-month postponement of its approved water delivery rate increases, a one-month postponement of the approved increase to the System Improvement Charge (SIC) surcharge and approval to implement a make whole surcharge. Absent immediate Commission action, the approved delivery rate increases would go into effect on April 1, 2020. In order to help ease the financial hardships customers may face, the action cannot wait for the 60 day comment period to expire.
Subject:
Postponement of delivery rate and System Improvement Charge (SIC) increases and implementation of a make whole surcharge.
Purpose:
To assist customers in a time of hardship.
Substance of emergency/proposed rule:
The Commission is considering a petition filed by New York American Water Company, Inc. (NYAW) on March 25, 2020.
Given the potential for widespread financial hardships related to the COVID-19 pandemic and in order to assist customers NYAW is requesting a five-month postponement of NYAW’s approved water delivery rate increases, scheduled to take effect on April 1, 2020, pursuant to its current four-year rate plan and a one-month postponement for the approved increase to the Company’s System Improvement Charge (SIC) surcharge that is otherwise scheduled to take effect on or before August 1, 2020. NYAW also requests to implement a make whole surcharge on April 1, 2021, that would remain in effect through March 31, 2022.
The full record of the proceeding may be reviewed online at the Department of Public Service web page: www.dps.ny.gov. The Commission may adopt, reject or modify, in whole or in part, the action proposed and may resolve related matters.
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 June 22, 2020.
Text of rule may be obtained from:
John Pitucci, 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:
Michelle L. Phillips, Secretary, Department of Public Service, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 474-6530, email: [email protected].
Public comment will be received until:
60 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.
(16-W-0259EP14)
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