Establishing an Alternative Recovery Mechanism for Certain Types of Fees

NY-ADR

3/2/22 N.Y. St. Reg. PSC-09-22-00011-P
NEW YORK STATE REGISTER
VOLUME XLIV, ISSUE 9
March 02, 2022
RULE MAKING ACTIVITIES
PUBLIC SERVICE COMMISSION
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
 
I.D No. PSC-09-22-00011-P
Establishing an Alternative Recovery Mechanism for Certain Types of Fees
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 filed by KEDLI and KEDNY to establish an alternative recovery mechanism for certain types of fees which will let the Companies reflect these deferrals in its financial statements.
Statutory authority:
Public Service Law, sections 65 and 66
Subject:
Establishing an alternative recovery mechanism for certain types of fees.
Purpose:
To ensure safe and adequate service at just and reasonable rates charged to customers without undue preferences.
Substance of proposed rule:
The Commission is considering a petition filed by The Brooklyn Union Gas Company d/b/a National Grid NY (KEDNY) and KeySpan Gas East Corporation d/b/a National Grid (KEDLI) (collectively, the Companies) on February 7, 2022, which seeks to establish an alternative recovery mechanism that would align with Generally Accepted Accounting Principles (GAAP), consistent with the Commission-authorized regulatory mechanism in Con Edison’s current electric and gas rate plans.
The Commission approved the Companies’ current rate plans in its Order Approving Joint Proposal, as Modified, and Imposing Additional Requirements issued August 12, 2021 (Rate Order) in Cases 19-G-0309 and 19-G-0310. The Rate Order allows the Companies to defer the financial impact of new legislation, rules or orders. The Companies recently deferred for ratemaking purposes certain types of fees under this provision. However, due to certain timing differences, these regulatory accounting deferrals cannot be reflected in its financial statements under GAAP.
The Companies has deferred, for regulatory purposes, unbilled late payment and related fees for the period March 2020 through December 2021. These fees, $12.840 million for National Grid NY and $5.925 million for National Grid, are part of the unanticipated financial impact that resulted from the State’s necessary orders, issued to address the COVID-19 pandemic.
Under GAAP, the Companies may only record the deferral on its income statement if the Companies will be recovering it within 24 months from the end of the annual period in which it was recognized. In order to record the deferral on its financial statements, the Companies must recover the deferral by the end of 2022. The Companies propose to establish a surcharge/surcredit recovery mechanism that permits full recovery/refund of any applicable deferred fees within GAAP’s recording timeframe.
For the Rate Year 1 (April 1, 2020 through March 31, 2021) fee deferral, the Companies proposes to begin recovery in July 2022 and end in June 2023. For the Rate Year 2 (April 1, 2021 through March 31, 2022) fee deferral, the Companies propose to begin recovery (as a surcharge) or return to customers (as a surcredit) in July 2023 and end in June 2024. For the Rate Year 3 (April 1, 2022 through March 31, 2023) fee deferral, the Companies propose to begin recovery or return to customers in July 2024 and end in June 2025. The Companies state that they are open to alternative recovery/return periods that are within the GAAP requirements.
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.
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:
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.
(19-G-0309SP3)
End of Document