COMMISSIONERS PRESENT:

Patricia L. Acampora, Chairwoman

Maureen F. Harris

Robert E. Curry, Jr.

Cheryl A. Buley

CASE 01-M-1806 — In the Matter of the Review of Existing Commission Rules and Regulations Pursuant to the State Administrative Procedure Act, Section 207.

MEMORANDUM AND RESOLUTION

(Issued and Effective June 26, 2007)

BY THE COMMISSION:

Pursuant to State Administrative Procedure Act (SAPA) Section 207, we published a Notice of Proposed Continuation of Rules adopted in 1997 and 2002 in the State Register on November 29, 2006. No comments were received on the rules.

We hereby issue a follow-up Notice of Continuation, as required by SAPA Section 207(4), for the rules adopted in 1997 and 2002:

1. 16 NYCRR Part 753, as modified in 2002, Protection of underground facilities.

2. 16 NYCRR §§ 90.3, 91.1, 225.3, 402.3, 510.3, 600.3 and 633.9(g), interest on utility customer deposits.

3. 16 NYCRR Parts 600 and 609, telephone customer deposits, telephone rates and charges discontinuances of telephone service and complaint procedures.

4. 16 NYCRR Chapter X, Rules and Procedures of the Board on Electric Generation Siting and the Environment for certification of major electric generating facilities for projects previously approved.

5. 16 NYCRR § 3.9(e), confidentiality in mediation proceedings.

CONCLUSION

The provisions of Section 207 of the State Administrative Procedure Act having been complied with, the Secretary shall file this Memorandum and Resolution and Notice of Continuation of Rules with the Secretary of State.

CASE 01-M-1806 -In the Matter of the Review of Existing Commission Rules and Regulations Pursuant to the State Administrative Procedure Act, Section 207.

NOTICE OF CONTINUATION OF RULES

(Issued June 26, 2007)

NOTICE is hereby given that the Commission has reviewed the rules adopted in 1997 and 2002 as required by State Administrative Procedure Act Section 207, and determined that the following rules will continue without change:

1.16 NYCRR Part 753 (Case 95-M-1007) (as modified in 2002)

a. Description of rule: Protection of underground facilities. The rule implements Public Service Law § 119-b and Article 36 of the General Business Law. It replaces the Department of Labor's Code Rule 53. Part 753 was modified in 2002.

b. Statutory authority:

PSL § 119-b(2) and (4), General Business Law Article 36.

c. Justification for continuing rule:

The rule implements PSL § 119-b and Article 36 of the General Business Law, both entitled, Protection of Underground Facilities. The rule provides for a notice of intention to excavate in areas with underground utility facilities. After receiving a notice of intention, utilities mark the location of their facilities on the ground surface so excavators can avoid digging in those areas, breaking lines and causing fires or other disruptions. Public safety requires continuation of the rule.

d. No comments were received on the rule.

2. 16 NYCRR §§ 90.3, 91.1, 225.3, 402.3, 510.3, 600.3 and 633.9(g) (Case 97-M-0623)

a. Description of rule:

The rule provides a formula for interest rates to be paid by a utility to customers on their deposits with the utility.

b. Statutory authority: PSL §§ 36(3), 117.

c. Justification for continuing rule:

PSL §§ 36 and 177 allow utilities to require deposits from their customers as a condition of providing service. Utilities are required to pay interest to customers on such deposits. The rule provides a formula for current interest rates for customer deposits based on current financial indexes. Part 600.3 should remain in effect until modified by the Commission.

d. No comments were received on the rule.

3. 16 NYCRR Parts 600 and 609.

a. Description of rule:

The rule governs telephone service, including: Subscriber deposits, rates and charges, discontinuance of service and complaint procedures. Parts 600 and 609 are under consideration for modification.

b. Statutory authority: PSL §§ 4(1), 92(1), 117.

c. Justification for continuing rule: The rule provides a procedure for discontinuance of telephone service. The procedure protects the telephone customer by requiring prior notice of discontinuance by the telephone service provider. The rule should continue until modified by the Commission.

d. No comments were received on the rule.

4. 16 NYCRR Chapter X (Case 97-F-0809)

a. Description of rule:

The rule sets out regulations and procedures of the Board on Electric Generation Siting and the Environment for certification of major electric generating facilities.

b. Statutory authority:

PSL §§ 161, 164(6)(b), 165(5). These statutory provisions were in effect until January 1, 2003. Some facilities were approved prior to that date.

c. Justification for continuing the rule:

Although the PSL Article X statute was repealed, the Chapter X rule remains necessary for projects previously approved under Article X. d. No comments were received on the rule.

5. 16 NYCRR Section 3.9(e).

a. Description of rule:

The rule provides that the confidentiality provisions of 16 NYCRR Section 3.9(d) apply to a neutral agent or employee of the Department of Public Service participating in a mediation proceeding. Section 3.9(d) provides that no discussion, admission, concession or offer to stipulate or settle made in any negotiation session concerning a stipulation or settlement shall be subject to discovery or admissible in an evidentiary hearing against any participant who objects to its admission. Such discussions, etc., shall be kept confidential by participants and their principals.

b. Statutory authority: PSL §§ 4(1) and 8.

c. Justification for continuing rule:

The rule is necessary to protect confidentiality of mediation discussions.

d. No comments were received on the rule.

REVIEW OF EXISTING REGULATIONS

The following rule adoptions by the State Board of Real Property Services during 2002 were reviewed during 2007 pursuant to SAPA section 207 to determine whether they should remain in effect as adopted or should be modified. Notice of that review appeared in the State Register of January 3, 2007. Public comment was requested by April 30, 2007.

Each of these rules is contained in Title 9 of the NYCRR. Each was submitted to the State Board of Real Property Services at the Board's June 12, 2007, meeting for formal action.

Part 186 — State Equalization Program — Complaints filed by municipalities against tentative State equalization rates — RPS-08-02-00009, effective May 8, 2002. Statutory basis — Real Property Tax Law (RPTL), sections 202(1)(l), 1202, 1204, 1206, 1208 and 1210. These rules continue to govern the rate complaint process. No comments were received. The rules were continued by the State Board.

Part 189 — Tax Maps — Tax maps for use in real property tax administration — RPS-26-02-00013, effective December 11, 2002. Statutory basis — RPTL, sections 202(1)(l) and 503(1)(b). These rules incorporated technological changes into the tax map program and continue in effect. No comments were received. The rules were continued by the State Board.

Part 201 — Payment of Maintenance Aid — Payment of State Maintenance Aid to assessing units — RPS-08-02-00008, effective May 8, 2002. Statutory basis — RPTL sections 202(1)(l) and 1573. These amendments conformed the rules, which continue in place, to certain statutory changes. No comments were received. The rules were continued by the State Board.