Readoption of the February 20, 2014 Commission Order

NY-ADR

6/4/14 N.Y. St. Reg. PSC-10-14-00002-E
NEW YORK STATE REGISTER
VOLUME XXXVI, ISSUE 22
June 04, 2014
RULE MAKING ACTIVITIES
PUBLIC SERVICE COMMISSION
EMERGENCY RULE MAKING
 
I.D No. PSC-10-14-00002-E
Filing Date. May. 14, 2014
Effective Date. May. 14, 2014
Readoption of the February 20, 2014 Commission Order
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
On 5/8/14, the PSC readopted the emergency rule requiring gas companies in New York State to complete gas facility risk assessments in Order Requiring Risk Assessments and Remediation of New York Gas Facilities (2/20/14).
Statutory authority:
Public Service Law, sections 65 and 66
Finding of necessity for emergency rule:
Preservation of public health, public safety and general welfare.
Specific reasons underlying the finding of necessity:
This action was taken on an emergency basis pursuant to State Administrative Procedure Act (SAPA) § 202(6). The re-adoption is necessary to address the comments received pursuant to SAPA 202(1), which may require an amendment of the Order Requiring Risk Assessments and Remediation of New York Gas Facilities (issued and effective February 20, 2014) (Risk Assessment Order) when it is made permanent. The comments seek clarification of certain requirements in the Risk Assessment Order while the order’s primary requirement -- that gas utilities conduct a risk assessment of their gas facilities -- should continue for the preservation of the health, safety and general welfare pursuant to SAPA § 202(6).
Subject:
Readoption of the February 20, 2014 Commission Order.
Purpose:
Readoption to continue the effectiveness of Commission Order issued February 20, 2014.
Substance of emergency rule:
The Commission, on May 8, 2014, readopted the emergency rule, for an additional 60 days, to address comments received pursuant to SAPA § 202(1) on the Order Requiring Risk Assessments and Remediation of New York Gas Facilities, issued February 20, 2014.
This notice is intended
to serve only as a notice of emergency adoption. This agency intends to adopt the provisions of this emergency rule as a permanent rule, having previously submitted to the Department of State a notice of proposed rule making, I.D. No. PSC-10-14-00002-EP, Issue of March 12, 2014. The emergency rule will expire July 12, 2014.
Text of rule may be obtained from:
Deborah Swatling, Public Service Commission, 3 Empire State Plaza, Albany, New York, 12223-1350, (518) 486-6530, email: [email protected] An IRS employer ID no. or social security no. is required from firms or persons to be billed 25 cents per page. Please use tracking number found on last line of notice in requests.
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 rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act.
Assessment of Public Comment
An assessment of public comment is not submitted with this notice because the rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act.
(11-G-0565EA1)
End of Document