PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:

On September 3, 2009, the Public Service Commission readopted the emergency rule staying its Order approving the submetering of electricity at Eastwood Apartments, 510-580 Main Street, Roosevelt Island, New York.

Preservation of public health, public safety and general welfare.

Compliance with the State Administrative Procedure Act is not possible because to do so could be detrimental to the health, safety and general welfare of tenants who are low income are elderly and/or are disabled. The petition for rehearing states that Eastwood Apartments contains a large number of low-income Section 8 tenants, individuals with disabilities and the elderly. It asserts that tenants of Eastwood Apartments are at serious risk for imminent harm. These allegations suggest that the Submetering Plan, as North Town Roosevelt, LLC apparently intends to implement, may jeopardize the tenants' health and safety where unpaid electric charges could be used to allege the non-payment of rent, and, as a result threaten the tenant with eviction. In light of the allegations, there is concern regarding the potential for imminent harm to the tenants of Eastwood Apartments and the potential violation(s) of Home Energy Fair Practices Act if action is not taken on an emergency basis pursuant to the State Administrative Procedure Act.

The readoption of the emergency rule staying the Commission Order in Case 08-E-0838 issued November 21, 2008.

The readoption of the emergency rule staying the Commission Order in Case 08-E-0838 issued November 21, 2008.

On February 12, 2009, the Public Service Commission (Commission) adopted an emergency rule staying its Order approving the submetering of electricity at Eastwood Apartments, 510-580 Main Street, Roosevelt Island, New York, located in the service territory of Consolidated Edison Company of New York, Inc. On September 3, 2009 the Commission readopted for the third time the emergency rule staying its Order approving the submetering of electricity for an additional 60 days to allow Department of Public Service staff time to continue its investigation.

to serve only as a notice of emergency adoption. This agency intends to adopt the provisions of this emergency rule as a permanent rule, having previously submitted to the Department of State a notice of proposed rule making, I.D. No. PSC-09-09-00008-EP, Issue of March 4, 2009. The emergency rule will expire November 1, 2009.

Leann Ayer, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486-2655, email: [email protected] An IRS employer ID no. or social security no. is required from firms or persons to be billed 25 cents per page. Please use tracking number found on last line of notice in requests.

(08-E-0838SA5)