Rehearing and Clarification of Commission's Order by Orange and Rockland Utilities, Inc.
NY-ADR
3/12/08 N.Y. St. Reg. PSC-11-08-00013-P
NEW YORK STATE REGISTER
VOLUME XXX, ISSUE 11
March 12, 2008
RULE MAKING ACTIVITIES
PUBLIC SERVICE COMMISSION
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. PSC-11-08-00013-P
Rehearing and Clarification of Commission's Order by Orange and Rockland Utilities, Inc.
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed action:
The Public Service Commission is considering whether to approve or reject, in whole or in part, or modify a petition for rehearing and clarification filed by Orange and Rockland Utilities, Inc. (Orange and Rockland) of the commission's order concerning proposed decoupling mechanism and energy efficiency programs, in Case 06-E-1433.
Statutory authority:
Public Service Law, section 22
Subject:
Orange and Rockland's petition for rehearing and clarification of the commission's order concerning proposed decoupling mechanism and energy efficiency programs issued Jan. 16, 2008 in Case 06-E-1433.
Purpose:
To consider the petition on the grounds that in light of developments in the energy efficiency portfolio standard proceeding, Case 07-M-0548, the commission should postpone spending of deferred customer funds on energy efficiency programs, or clarify certain terms of the order concerning funds for energy efficiency.
Substance of proposed rule:
Orange and Rockland Utilities, Inc. (Orange and Rockland) has requested rehearing and clarification of the Commission's Order Concerning Proposed Revenue Decoupling Mechanism and Energy Efficiency Programs issued January 16, 2008 in Case 06-E-1433 on the grounds that, in light of developments in the Energy Efficiency Portfolio Standard Proceeding, Case 07-M-0548, the Commission should postpone spending of deferred customer funds on energy efficiency programs, or clarify certain terms of the Order concerning funds for energy efficiency. Orange and Rockland also contends that the record in Case 06-E-1433 fails to support the cost effectiveness of the Staff and the New York State Energy Research and Development Authority (NYSERDA) Joint Proposal. In addition, Orange and Rockland has requested clarification of the Order on the grounds that the Commission must (1) clarify the specific amount of deferred customer funds that the Company must transfer to NYSERDA; (2) articulate the legal authority for requiring the Company to transfer customer funds to a state authority; (3) require Staff and NYSERDA to update the Joint Proposal; and (4) clarify the specific oversight and accountability protocols that will apply to NYSERDA. The Commission may grant and/or deny all or portions of Orange and Rockland's petition.
Text of proposed rule and any required statements and analyses may be obtained by filing a Document Request Form (F-96) located on our website http://www.dps.state.ny.us/f96dir.htm. For questions, contact:
Central Operations, Public Service Commission, Bldg. 3, Empire State Plaza, Albany, NY 12223-1350, (518) 474-2500
Data, views or arguments may be submitted to:
Jaclyn A. Brilling, Secretary, Public Service Commission, Bldg. 3, Empire State Plaza, Albany, NY 12223-1350, (518) 474-6530
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 proposed rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act.
(06-E-1433SA7)
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