The Owner requests authorization to take electric service from Con Edison and then distribute and meter that electricity to its residents. 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 the individual metering requirements found in 16 NYCRR Part 96, which allows for master metering of “Assisted Living Facilities” that are certified by New York State Department of Health (DOH). The Owner states that Supportive units are similarly situated to those found in a DOH certified Assisted Living Facility, except that it lacks the DOH certification and therefore, the waiver is appropriate in this case. 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, waiver requests, 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.

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.

(21-E-0036SP1)