LIWC Proposes to Retain a Portion of Property Tax Refunds
NY-ADR
6/22/11 N.Y. St. Reg. PSC-25-11-00011-P
NEW YORK STATE REGISTER
VOLUME XXXIII, ISSUE 25
June 22, 2011
RULE MAKING ACTIVITIES
PUBLIC SERVICE COMMISSION
PROPOSED RULE MAKING
HEARING(S) SCHEDULED
I.D No. PSC-25-11-00011-P
LIWC Proposes to Retain a Portion of Property Tax Refunds
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
The PSC is considering the petition of Long Island Water Corporation d/b/a Long Island American Water (LIWC) to retain a certain portion from approximately $108,600 in property tax refunds.
Statutory authority:
Public Service Law, section 113(2)
Subject:
LIWC proposes to retain a portion of property tax refunds.
Purpose:
To allow LIWC to retain a portion of property tax refunds.
Public hearing(s) will be held at:
10:00 a.m., Aug. 2, 2011 at 3 Empire State Plaza, 3rd Floor Hearing Rm., Albany, New York. There could be requests to reschedule the hearings. Notification of any subsequent scheduling changes will be available at the DPS website (www.dps.state.ny.us) under Case No. 10-W-0449.
Interpreter Service:
Interpreter services will be made available to hearing impaired persons, at no charge, upon written request submitted within reasonable time prior to the scheduled public hearing. The written request must be addressed to the agency representative designated in the paragraph below.
Accessibility:
All public hearings have been scheduled at places reasonably accessible to persons with a mobility impairment.
Substance of proposed rule:
Long Island Water Corporation d/b/a Long Island American Water (LIWC) obtained Real Property Tax refunds in the amount of $108,600. When a public utility obtains a property tax refund, Public Service Law Section 113(2) provides that the Commission, after hearing, may determine the extent to which the refund will be passed on to the utility’s customers. LIWC maintains that it has been aggressive in pursuing tax challenges, and should be allowed to retain a portion of the refunds for its shareholders. LIWC proposes to deduct its expenses ($36,725.42) for achieving the refunds from the refunds received to date. LIWC also proposes to retain 18% of the net Real Property Tax refunds for its shareholders. The Commission will consider the petition of LIWC and may grant or modify the relief sought in the petition or take other measures authorized by law.
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:
Leann Ayer, 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:
Jaclyn A. Brilling, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 474-6530, email: [email protected]
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.
(10-W-0449SP1)
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