Agreement for the Provision of Water Service and Waivers
NY-ADR
3/9/22 N.Y. St. Reg. PSC-10-22-00013-P
NEW YORK STATE REGISTER
VOLUME XLIV, ISSUE 10
March 09, 2022
RULE MAKING ACTIVITIES
PUBLIC SERVICE COMMISSION
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. PSC-10-22-00013-P
Agreement for the Provision of Water Service and Waivers
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 petition of Saratoga Water Services, Inc. for a water supply agreement for service and a request for waivers of certain tariff provisions and Commission rules.
Statutory authority:
Public Service Law, sections 4(1) and 89-b
Subject:
Agreement for the provision of water service and waivers.
Purpose:
To consider whether the terms of a service agreement and requested waivers are in the public interest.
Substance of proposed rule:
The Commission is considering the petition (Petition) filed by Saratoga Water Services, Inc. (Saratoga) for a waiver of a provision of its existing tariff and Commission regulations (16 NYCRR Parts 501 and 502) that have the effect of prohibiting it from providing service to customers located outside the physical boundaries of its service territory on non-tariff terms. Saratoga seeks the waiver in order to provide water service to Catskill Hudson Bankcorp, Inc. (Catskill Hudson), which is located outside Saratoga’s “service territory” as defined by the Department of Environmental Conservation (DEC). Saratoga notes in its petition that it would also need permission from DEC to provide service to Catskill Hudson.
Saratoga seeks to provide service to Catskill Hudson under the terms of an “Agreement for the Provision of Water Service” (Agreement), dated December 17, 2021, which is as noted is inconsistent with Saratoga’s existing tariff and Commission regulations. Under the Agreement, Catskill Hudson would pay for the entire cost of extending Saratoga’s infrastructure to provide service without receiving potential refunds of that cost. Saratoga seeks waiver of 16 NYCRR § 501.9, which requires that main extension agreements be in compliance with the Commission’s regulations and water-work’s tariff. Saratoga asserts that the waiver is necessary on the grounds that the Agreement would technically be inconsistent with Commission’s regulations that restrict service to customers located within the company’s service territory. as Catskill Hudson is outside Saratoga’s service area, and Saratoga requests a waiver to avoid ambiguity). Saratoga also seeks a waiver of 16 NYCRR § 501.10, which requires water companies to receive permission from DEC to extend their service territory before seeking a waiver of tariff requirements from the Commission.
The petition requests an Order (a) approving the terms and conditions of the Agreement as being in the public interest, (b) determining that the provision of water service by Saratoga, in accordance with the terms set forth in the Agreement, is in the public interest, (c) waiving Saratoga’s tariff provisions to the extent they are inconsistent with the Agreement, and (d) waiving the applicability of 16 NYCRR § 501, including § 501.10, and § 502 to the extent they are inconsistent with the Agreement.
The full text of the petition 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:
Michelle L. Phillips, 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.
(22-W-0023SP1)
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