Appointment of a Temporary Operator of a Water System

NY-ADR

5/16/18 N.Y. St. Reg. PSC-20-18-00004-EP
NEW YORK STATE REGISTER
VOLUME XL, ISSUE 20
May 16, 2018
RULE MAKING ACTIVITIES
PUBLIC SERVICE COMMISSION
EMERGENCY/PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
 
I.D No. PSC-20-18-00004-EP
Filing Date. Apr. 26, 2018
Effective Date. Apr. 26, 2018
Appointment of a Temporary Operator of a Water System
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Proposed Action:
An order was adopted on April 26, 2018 denying the request of Willsboro Bay Water Company, by petition dated February 22, 2018, to abandon its water system pursuant to PSL § 89-c(2). The denial was made without prejudice to a future petition once a new entity is prepared to assume ownership of the water company or its assets. The order also appointed the Town of Willsboro as temporary operator of the Company’s water system pursuant to PSL § 112-a, and authorized the Town to file a Temporary Cost Recovery Surcharge Statement which would allow the Town to separately surcharge the Company’s customers up to $200 per year to ensure that the Town recovers the reasonable costs it incurs that exceed the revenues generated by the Company’s current base rates during the period the Town is serving as the temporary operator.
Statutory authority:
Public Service Law, sections 89-b, 89-c and 112-a
Finding of necessity for emergency rule:
Preservation of public health, public safety and general welfare.
Specific reasons underlying the finding of necessity:
The Willsboro Bay Water Company operates a seasonal water system in the Town of Willsboro. The Company stated that its owners are unable to continue operation of the water system and meet the Department of Health (DOH) requirements regarding system oversight and water quality monitoring. DOH has requested that the Town of Willsboro be appointed temporary operator of the system, and the Town has consented. Access to water is an essential element of human life. Interruption of water service would make the effected residences uninhabitable as a practical matter. Therefore, action was necessary to protect the health, safety, and welfare of the Company’s customers. Appointment of the temporary operator needed to be taken on an emergency basis because of the need to ensure the water system is activated without delay to avoid interruption of water service.
Subject:
Appointment of a temporary operator of a water system.
Purpose:
To ensure activation and availability of a safe water supply to existing residences.
Substance of emergency/proposed rule:
The Public Service Commission is considering, in response to a Petition filed on February 22, 2018 by Willsboro Bay Water Company, whether to appoint the Town of Willsboro as temporary operator of the Company’s water system pursuant to PSL § 112-a, and whether to authorize the Town to file a Temporary Cost Recovery Surcharge Statement which would allow the Town to separately surcharge the Company’s customers up to $200 per year to ensure that the Town recovers the reasonable costs it incurs that exceed the revenues generated by the Company’s current base rates during the period the Town is serving as the temporary operator. 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.
This notice is intended:
to serve as both a notice of emergency adoption and a notice of proposed rule making. The emergency rule will expire July 24, 2018.
Text of rule may be obtained from:
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, Department of Public Service, 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 amended rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act.
(18-W-0128EP2)
End of Document