To Consider Certain Portions of Petitions for Rehearing, Reconsideration and/or Clarification
NY-ADR
4/30/14 N.Y. St. Reg. PSC-17-14-00004-P
NEW YORK STATE REGISTER
VOLUME XXXVI, ISSUE 17
April 30, 2014
RULE MAKING ACTIVITIES
PUBLIC SERVICE COMMISSION
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. PSC-17-14-00004-P
To Consider Certain Portions of Petitions for Rehearing, Reconsideration and/or Clarification
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 granting, denying or modifying, in whole or in part, certain portions of petitions for rehearing, reconsideration and/or clarification filed in response to the Commission's February 25, 2014 Order in Cases 12-M-0476 et al.
Statutory authority:
Public Service Law, sections 5(1)(b) and 66(1)
Subject:
To consider certain portions of petitions for rehearing, reconsideration and/or clarification.
Purpose:
To consider certain portions of petitions for rehearing, reconsideration and/or clarification.
Substance of proposed rule:
On February 25, 2014, the Public Service Commission (Commission) issued an Order Taking Actions to Improve the Residential and Small Non-Residential Retail Access Markets (Order) in Cases 12-M-0476, 98-M-1343, 06-M-0647 and 98-M-0667. On March 27, 2014, the Retail Energy Supply Association (RESA) filed a Petition for Rehearing, Reconsideration and Clarification and the National Energy Marketers Association (NEMA) filed a Petition for Clarification and/or Rehearing. These filings asserted errors of fact or law in, or raised concerns with the Order’s resolution of the issues concerning utilities purchase of receivables (POR) programs for energy service companies (ESCO).
RESA asserted that “the Commission erred by directing use of an ESCO specific purchase of receivables discount rate” (pp. 12-16); and “the Commission unreasonably and unlawfully erred by imposing use of an ESCO specific discount rate and modifying the procedures governing termination” (pp. 16-23). NEMA asserted that “the concept of utility ‘charge back’ in purchase of receivables programs should be explained and should not permit the utility to receive a double payment for the same ESCO charges twice” (pp. 14).
The Commission is considering whether to grant, deny or modify, in whole or in part, the relief sought in the above referenced filings. The Commission may also address 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:
Deborah Swatling, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486-2659, 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.
(12-M-0476SP7)
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