Saratoga seeks to provide service to the project under the terms of an “Agreement for the Provision of Water Service” (Agreement) dated April 7, 2021, which is not consistent with Saratoga’s effective tariff and certain Commission regulations (16 NYCRR Parts 501 and 502). Specifically, the Applicant would pay for the entire cost of extending Saratoga’s infrastructure to provide service without receiving potential refunds of that cost. In addition, Saratoga seeks a waiver of the Commission’s requirement (16 NYCRR § 501.9) to file main extension agreements within 30 days of their execution (the Petition and Agreement were filed beyond that deadline but Saratoga states there are no negative consequences from the delay). Finally, Saratoga seeks a waiver of 16 NYCRR § 501.10, which requires water companies to receive permission from DEC to extend their service territory before seeking a waiver of tariff requirements from the Commission.

The petition requests an Order (a) approving the terms and conditions of the Agreement as being in the public interest, (b) determining that the provision of water service by Saratoga, in accordance with the terms set forth in the Agreement, is in the public interest, (c) waiving Saratoga’s tariff provisions to the extent they are inconsistent with the Agreement, and (d) waiving the applicability of 16 NYCRR § 501, including § 501.10, and § 502 to the extent they are inconsistent with the Agreement.

The full text of the petition 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-W-0355SP1)