Notice of Intent to Submeter Electricity and Waiver of Energy Audit
NY-ADR
8/7/19 N.Y. St. Reg. PSC-32-19-00011-P
NEW YORK STATE REGISTER
VOLUME XLI, ISSUE 32
August 07, 2019
RULE MAKING ACTIVITIES
PUBLIC SERVICE COMMISSION
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. PSC-32-19-00011-P
Notice of Intent to Submeter Electricity and Waiver of Energy Audit
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
The Commission is considering the notice of intent of 123 Linden LLC to submeter electricity at 123 Linden Boulevard, Brooklyn, New York and request for a waiver of 16 NYCRR section 96.5(k)(3).
Statutory authority:
Public Service Law, sections 2, 4(1), 30, 32-48, 52, 53, 65(1), 66(1), (2), (3), (4), (12) and (14)
Subject:
Notice of intent to submeter electricity and waiver of energy audit.
Purpose:
To ensure adequate submetering equipment, consumer protections and energy efficiency protections are in place.
Substance of proposed rule:
The Commission is considering the notice of intent, filed by 123 Linden LLC on July 9, 2019, to submeter electricity at 123 Linden Boulevard, Brooklyn, New York, located in the service territory of Consolidated Edison Company of New York, Inc. (Con Edison).
By stating its intent to submeter electricity, 123 Linden LLC requests authorization to take electric service from Con Edison and then distribute and meter that electricity to its tenants. Submetering of electricity to residential tenants is allowed so long as it complies with the protections and requirements of the Commission’s regulations in 16 NYCRR Part 96. The Commission is also considering the Owner’s request for waiver of 16 NYCRR § 96.5(k)(3), which requires proof that an energy audit has been conducted when 20 percent or more of the residents receive income-based housing assistance. The owner states that because the building is new construction, it must comply with the current New York State Energy Conservation Construction Code, which provides strict energy conservation requirements for new and renovated buildings, including the design and construction of energy-efficient building envelopes, mechanical, lighting and power systems and therefore, an energy audit is not appropriate in this case.
The full text of the notice of intent and waiver request and the full record of the proceeding may be reviewed online at the Department of Public Service web page: www.dps.ny.gov. The Commission may adopt, reject or modify, in whole or in part, the action proposed and may resolve related matters.
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.ny.gov/f96dir.htm. For questions, contact:
John Pitucci, 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:
Kathleen H. Burgess, 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:
60 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.
(19-E-0499SP1)
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