NOTICE is hereby given that the Public Service Commission has reviewed the rules adopted in 1998 and 2003 as required by State Administrative Procedure Act § 207, and determined that the following rules will continue without change:

1. 16 NYCRR §§ 11.3, 11.12, 11.13, and 11.14 (Case 96-M-0706), as modified in 2004.

a. Description of rules:

The rules are part of the Home Energy Fair Practices Act and Energy Consumer Protection Act rules. The rules implement Public Service Law §§ 30 through 51, related to residential utility service.

b. Statutory authority: PSL §§ 30 through 51, 66(1) and 80(1).

c. Justification for continuing rule:

The rules are necessary consumer protections for gas, electric and steam service customers, including applications for service, deposits, meter readings, and back billing.

2. 16 NYCRR Parts 10 and 262 (Case 97-G-0230), as modified in 2005.

a. Description of rules:

The rules provide for drug and alcohol testing for operators of pipeline facilities.

b. Statutory authority: PSL §§ 65(1) and 66(1).

c. Justification for continuing rule:

The rules conform the State's pipeline safety regulations to the counterpart federal regulations in the areas of drug and alcohol testing for pipeline operators. The most recent federal rules are incorporated in Part 10, as revised. The rules are needed for continued safety of pipeline operation.

3. 16 NYCRR §§ 21.2, 21.3, 642.3, and 644.3 (Case 97-C-0956).

a. Description of rule:

The rules exempt certain telephone corporations from requirements of 16 NYCRR §§ 21.2 rules applicable to all petitions, 21.3 evidence to be presented at hearings, 642.3 retention of telephone corporation records at principal office, and 644.3 capital program filing. The exempted companies are those that provide service primarily over their own or leased facilities and that do not provide local exchange service. Incumbent telephone corporations that provide local exchange service primarily over their own or leased facilities are also exempt from §§ 21.2, 21.3, and 642.3.

b. Statutory authority: PSL §§ 4(1), 92(2).

c. Justification for continuing rule:

The rules make it easier for competitors to enter the telephone market and therefore enhance telephone competition for the benefit of telephone customers.

4. 16 NYCRR Chapter X, §§ 1002.1 and 1002.4 (Case 97-F-0809).

a. Description of rules:

The rules set out regulations and procedures of the Board on Electric Generation Siting and the Environment for certification of major electric generating facilities regarding state pollutant permits.

b. Statutory authority: PSL §§ 161, 164(6)(b), 165(5). These statutory provisions were in effect until January 1, 2003. The siting of major electric generating facilities was approved before that date.

c. Justification for continuation of rules:

Although the PSL Article X statute was repealed, the Chapter X rules remain necessary for projects previously approved under Article X. Article X may be reenacted, in which case the rules would be needed for future projects.

5. 16 NYCRR Parts 10 and 255 (Case 02-G-0134), as modified in 2004, 2005, and 2007.

a. Description of rules:

The rules govern safety for the transmission and distribution of gas in conformance with federal regulations. Part 10, which incorporates federal regulations, has been revised to reflect amendments to the federal rules. Amendments have also been made to Part 255, which includes provisions for customer notification regarding excess gas flow, external corrosion control of pipes, and abandonment of facilities.

b. Statutory authority: Public Service Law § 66(1).

c. Justification for continuing rules:

The rules are necessary to maintain gas pipeline safety.

Pursuant to section 207.4 of the State Administrative Procedure Act, the Department of Taxation and Finance hereby gives notice of the following:

As part of the Department's 2008 review of rules that were adopted during 1998 and 2003, it has reviewed amendments to 20 NYCRR Part 2400 (Action for Failure to Release a Lien) that were permanently adopted in 1998. The statutory authority for this rule is contained in sections 171, subd. First; and 3032(a) and (d) of the Tax Law; and section 56(j) of Chapter 577 of the Laws of 1997. Based on the emergency adoption of the rule on December 23, 1997, the rule was previously reviewed as part of the Department's 2002 and 2007 Rule Reviews, published in the State Register on January 2, 2002 and January 3, 2007, respectively, and continued without modification. Notices of the 2002 and 2007 continuances were published in the Rule Review section of the July 10, 2002, and August 22, 2007, issues of the State Register. Because the 5-year review is more appropriately based on the date of permanent adoption (February 25, 1998), this rule was reviewed again in 2008, and it is intended that it will be reviewed based on the date of permanent adoption in future rule reviews.

This rule is once again being continued without modification because it implements the statutory scheme contemplated by the Legislature. The regulations provide that the filing of a “notice of failure to release a lien” will be formal notice to the Commissioner that the taxpayer wishes an administrative review of the damages incurred by the taxpayer for the Department's failure to release a lien. The rule also describes the information which must be set forth in the notice, defines when “full satisfaction of the liability assessed or determined occurs” for purposes of starting the 40-day period that a taxpayer must wait prior to bringing suit in the Court of Claims for failure to release a lien, and prescribes the types of bonds and other securities that are acceptable to the Commissioner in order to release the lien. There have been no statutory amendments or changes in policy to warrant any modification of the rule.

A summary of this rule was published in the Rule Review section of the January 2, 2008, issue of the State Register. The 2008 Rule Review, including the summary, was also posted to the Department's website (http://www.tax.state.ny.us/rulemaker/ regulations/fiveyearrev. htm) on December 28, 2007. The Department did not receive any public comments regarding this rule.

For further information contact: John W. Bartlett, Department of Taxation and Finance, Taxpayer Guidance Division, Bldg. 9, W.A. Harriman Campus, Albany, NY 12227, or call (518) 457-2254