Notice of Intent to Submeter Electricity and Waiver Request
NY-ADR
11/23/22 N.Y. St. Reg. PSC-47-22-00007-P
NEW YORK STATE REGISTER
VOLUME XLIV, ISSUE 47
November 23, 2022
RULE MAKING ACTIVITIES
PUBLIC SERVICE COMMISSION
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. PSC-47-22-00007-P
Notice of Intent to Submeter Electricity and Waiver Request
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 75 Lewis Avenue LLC to submeter electricity at 75 Lewis Avenue, Brooklyn, New York and request for waiver of the requirement of an energy audit pursuant to 16 NYCRR § 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 request.
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 75 Lewis Avenue LLC, (Owner) on September 8, 2022, seeking authority to submeter electricity at a new rental building, with both fair market and rent stabilized units, located at 75 Lewis Avenue, Brooklyn, New York 11201, located in the service territory of Consolidated Edison Company of New York Inc. (Con Edison). The Owner also requested waiver of 16 NYCRR § 96.5(k)(3), the requirement for an energy audit for buildings where 20 percent or more of the residents receive income-based housing assistance.
In the notice of intent, the Owner requests authorization to take electric service from Con Edison and then distribute and meter that electricity to its tenants pursuant to 16 NYCRR § 96.2. Once approved by the Commission, 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 statement that 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, is not applicable in this case. The Owner cites previous Commission Orders, stating that the Commission only requires compliance with 16 NYCRR § 96.5(k)(3) when low-income residents receive direct subsidies to assist in paying housing costs or when rental units are offered at reduced rates to residents below the area median income (AMI). The Owner states that the rent stabilized units will be reserved for tenants who will not be subsidized and who can earn up to 130 percent of the AMI. Therefore, proof of an energy audit pursuant to 16 NYCRR § 96.5(k) would not be required in this case.
The full text of the notice of intent, 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:
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-E-0531SP1)
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