Petition for Rehearing of Negative Revenue Adjustment and Contents of Annual Performance Report
NY-ADR
10/18/17 N.Y. St. Reg. PSC-42-17-00010-P
NEW YORK STATE REGISTER
VOLUME XXXIX, ISSUE 42
October 18, 2017
RULE MAKING ACTIVITIES
PUBLIC SERVICE COMMISSION
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. PSC-42-17-00010-P
Petition for Rehearing of Negative Revenue Adjustment and Contents of Annual Performance Report
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 a petition for rehearing submitted by National Fuel Gas Distribution Corporation (NFGD) of the Commission's August 28, 2017 Order on Appeal.
Statutory authority:
Public Service Law, sections 5(1), 22, 65 and 66
Subject:
Petition for rehearing of negative revenue adjustment and contents of annual Performance Report.
Purpose:
To consider NFGD's petition for rehearing.
Substance of proposed rule:
The Commission is considering a September 26, 2017, petition for rehearing filed by National Fuel Gas Distribution Corporation (NFGD), alleging errors of law and fact in the Commission’s August 28, 2017 Order on Appeal. NFGD’s petition seeks to reverse the Commission’s determinations that three negative revenue adjustments stemming from the Department of Public Service’s annual gas safety audits should be sustained and that the 2015 Gas Safety Performance Report should not be amended in the manner NFGD sought in its initial appeal. The Commission granted NFGD’s request for reversal of one negative revenue adjustment. NFGD reiterates its original arguments with respect to each remaining violation – that the violation of 16 NYCRR § 255.739(a) occurred before the Gas Safety Metric went into effect; that NFGD’s twice-monthly inspection of a known leak meets the requirement that surveillance occur “every two weeks” within the meaning of 16 NYCRR § 255.813(c); and that the requirement that gas companies wait 14 days to perform a follow-up inspection of a repaired leak under 16 NYCRR § 255.819(a) should be satisfied by NFGD’s follow-up inspection that took place 8 days later, which was scheduled due to the weather.
NFGD also seeks rehearing of the August 28, 2017 Order on Appeals’ decision that determined the Department of Public Service’s 2015 annual Gas Safety Performance Measures Report to the Commission need not be amended to state that NFGD had five, not 25 “High Risk Non-Compliances” in 2014. NFGD continues to seek to change the Gas Safety Performance Measures Report so that it includes only the five High Risk violations for which the Department assessed a negative revenue adjustment.
The full text of the filing 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 relief 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:
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.
(13-G-0136SP6)
| End of Document |