Waiver of Rules Regarding Letters of Credit for New Developments
NY-ADR
8/26/15 N.Y. St. Reg. PSC-34-15-00025-P
NEW YORK STATE REGISTER
VOLUME XXXVII, ISSUE 34
August 26, 2015
RULE MAKING ACTIVITIES
PUBLIC SERVICE COMMISSION
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. PSC-34-15-00025-P
Waiver of Rules Regarding Letters of Credit for New Developments
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 whether to approve, reject, in whole or in part, or modify a petition filed by The Walking Meadows Development seeking waiver of Commission rules and utility tariffs related to extensions of electric and gas service.
Statutory authority:
Public Service Law, section 66(12)
Subject:
Waiver of rules regarding letters of credit for new developments.
Purpose:
Determine whether to warrant a waiver of rules regarding letters of credit for new developments.
Substance of proposed rule:
The Public Service Commission is considering whether to adopt, modify or reject a petition filed by the developer of the Walking Meadows residential development in Marcy, NY (Petitioner). Petitioner requests a waiver of 16 NYCRR Section 100.3(b) deposits by applicants for new construction of underground facilities in residential subdivisions, and Niagara Mohawk Power Corporation d/b/a National Grid's (National Grid) related tariffs, PSC 220 Section 16.6.3 and PSC 219 Section 10.4. Those rules provide that a developer may be required to provide a deposit or a letter of credit to have facilities installed for units in that development before service is actually required. Further, the rules state that five years after the facilities have been installed, the utility shall retain any monies related to units for which facilities were installed, but which have not yet begun to take service. Petitioner seeks a five year extension to the five year bond limit to complete selling units in the project. The Commission may also consider other 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:
Elaine Agresta, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486-2660, 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.
(15-M-0435SP1)
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