Waiver of Tariff Rules and a Related Commission Regulation
NY-ADR
10/20/21 N.Y. St. Reg. PSC-42-21-00007-P
NEW YORK STATE REGISTER
VOLUME XLIII, ISSUE 42
October 20, 2021
RULE MAKING ACTIVITIES
PUBLIC SERVICE COMMISSION
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. PSC-42-21-00007-P
Waiver of Tariff Rules and a Related Commission Regulation
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 by ER Land Development, LLC for waiver of Niagara Mohawk Power Corporation d/b/a National Grid's tariff rules and a related regulation regarding the extension of electric and gas lines.
Statutory authority:
Public Service Law, sections 65 and 66
Subject:
Waiver of tariff rules and a related Commission regulation.
Purpose:
To consider whether a waiver of tariff rules and a Commission regulation are just and reasonable and in the public interest.
Substance of proposed rule:
The Public Service Commission (Commission) is considering a petition filed on September 13, 2021 by ER Land Development, LLC, also referred to as Shaker Builders, Inc. (Petitioner), requesting a six-month extension of the time allowed by Niagara Mohawk Power Corporation d/b/a National Grid (National Grid)’s tariff to energize additional lots of the Rolling Meadows Subdivision (Development).
The Commission’s regulations at 16 NYCRR § 100.3 provide that a non-residing applicant for electric service must provide a deposit to the utility equal to the estimated cost of construction. The deposit is returned to the applicant, on a pro rata basis, as each lot is sold and new customers take service from the utility. Part 100.3(b) provides that any portion of the deposit remaining unrefunded five years after the date the utility is first ready to render service shall be retained by the utility. National Grid’s electric tariff, PSC 220 Rule 16.6, incorporates the Commission’s regulation. National Grid’s gas tariff, PSC 219, Rule 10.4 provides substantially similar requirements for non-residing applicants requesting the extension of gas facilities.
The Development is located in Ballston Lake, New York. National Grid has been ready to supply the Development with electric and gas service since September 2016. The Petitioner provided National Grid with a letter of credit for the refundable portion of the contribution. The five-year development period expired on September 20, 2021, at which point National Grid would be entitled to call upon the remaining value of the letter of credit, approximately $27,331. Petitioner requests a waiver of National Grid’s tariff rule and the related Commission regulation to allow a six-month extension of the development period. Petitioner states it has been negatively affected due to the impacts of COVID-19.
The full text of the petition and the full record of the proceeding may be viewed 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.
(21-M-0489SP1)
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