STATE OF NEW YORK

Public Service Commission

               Garry A. Brown, Chairman

Three Empire State Plaza, Albany, NY 12223
Further Details: James Denn
James.denn@dps.ny.gov | 518.474.7080

                                                                                                                                   13034

June 07, 2013

Commission To Meet On Thursday, June 13, 2013

The Public Service Commission announced today that it will hold its next regular session beginning at 10:00 a.m., Thursday, June 13, 2013, in the 19th Floor Board Room of its offices located at Three Empire State Plaza, Albany, New York.   

 MEETING WILL BE BROADCAST ON THE INTERNET AT:

http://www.dps.ny.gov/Webcasts.html

-VIDEOCASTING TO PSC’S NYC OFFICES AVAILABLE-

(See instructions on last page of Agenda)

 The session agenda is as follows:

 To view documents related to PSC Cases Numbers below, visit:

http://www.dps.ny.gov/New_Search.html 

REGULAR AGENDA ITEMS

Items To Be Resolved Through Discussion

 

 

Item

PSC Case

 

GAS

 

101

12-G-0544

THE BROOKLYN UNION GAS COMPANY D/B/A NATIONAL GRID NY - In the Matter of the Commission's Examination Earnings Computation Provisions and Other Continuing Elements of the Applicable Rate Plan. 

 

 

 

102

13-G-0213

In the Matter of Staff's Analysis of Local Distribution Company Performance and Performance Measures.

 

 

 

103

13-G-0136

NATIONAL FUEL GAS DISTRIBUTION CORPORATION - Proceeding on Motion of the Commission as to the Rates, Charges, Rules and Regulations for Gas Service.

 

 

 

104

12-G-0221

TALISMAN ENERGY USA, F/K/A FORTUNA ENERGY, INC. - Proceeding on Motion of the Commission to Investigate Whether a Penalty Should Be Imposed for Violations of an Order or Regulation adopted under the Authority of the Public Service Law Requiring that Natural Gas Be Odorized.

 

 

 

GENERAL

 

201

10-M-0551

IBERDROLA, S.A., IBERDROLA, USA, NEW YORK STATE ELECTRIC AND GAS, AND ROCHESTER GAS AND ELECTRIC. - In the Matter of a Comprehensive Management Audit.

 

12-E-0065

IBERDROLA RENEWABLES HOLDINGS, INC. - Petition for a Declaratory Ruling Concerning the Application of Section 70 of the Public Service Law.

 

12-M-0066

NEW YORK STATE ELECTRIC & GAS CORPORATION, ROCHESTER GAS AND ELECTRIC CORPORATION, RGS ENERGY GROUP INC., IBERDROLA USA NETWORKS, IBERDROLA USA, INC., AND IBERDROLA FINANCE UK LIMITED - Petition for Approval of an Internal Reorganization Pursuant to Section 70 of the Public Service Law.

 

 

 

202

13-M-0211

In the Matter of Energy Utility Customer Service Quality.

 

 

 

203

12-M-0192

FORTIS INC. ET AL./CH ENERGY GROUP, INC. ET AL. - Joint Petition for Approval of the Acquisition of CH Energy Group, Inc. by Fortis Inc. and Related Transactions.

 

 

 

POWER

 

301-A

13-E-0148

In the Matter of 2012 Electric Reliability Performance in New York State.

 

 

 

301-B

13-E-0096

2012 Compliance Report on Stray Voltage Testing and Inspections as Required by the Electric Safety Standards.

 

 

 

COMMUNICATIONS

 

501

09-M-0527

Proceeding to Examine Issues Related to a Universal Service Fund.  Joint Proposal.

 

 

 

No items will be considered on the Regular Agenda for WATER and CABLE.


 

CONSENT AGENDA

This agenda consists of items that, by their nature, can be decided by the Commission on the basis of written reviews and analyses previously made available to the Commissioners and do not require discussion at the Session. 

Item

PSC Case

 

GAS

 

161

11-G-0280

CORNING NATURAL GAS CORPORATION - Amendments to PSC No. 7-Gas, eff. 5/1/13 - to implement Rate Year 2 of a three year rate plan in compliance with Commission Order issued April 20, 2012.

 

 

 

162

 

 

13-G-0214

In the Matter of Enforcement Proceedings for Alleged Violations of 16

NYCRR Part 753: Protection of Underground Facilities.

SAK STRUCTURES LLC/CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.

 

13-G-0215

ABSOLUTE ELECTRICAL SERVICE, INC./KEYSPAN GAS EAST CORPORATION D/B/A NATIONAL GRID.

 

13-G-0220

AROUND THE CLOCK CESSPOOL INC./KEYSPAN GAS EAST CORPORATION D/B/A NATIONAL GRID.

 

13-G-0217

FIELDS CONSTRUCTION & EXCAVATING, INC./NEW YORK STATE ELECTRIC & GAS CORPORATION.

 

13-G-0218

DEMCO NEW YORK CORP./NIAGARA MOHAWK POWER CORPORATION, D/B/A NATIONAL GRID.

 

13-G-0219

B HAGEN LANDSCAPING INC./ORANGE AND ROCKLAND UTILITIES, INC.

 

 

 

163

13-G-0050

LASER NORTHEAST GATHERING COMPANY, LLC, DMP NEW YORK, INC., LNGC HOLDINGS, LLC, and WILLIAMS FIELD SERVICES COMPANY, LLC - Joint Petition of for Approval Pursuant to Section 70 of the New York PSL.

 

 

 

164

13-G-0104

MS. PAULINE PHIPPS/CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. - Appeal of Informal Hearing Decision.

 

 

 

165

12-G-0557

NATIONAL FUEL GAS DISTRIBUTION CORPORATION - Petition for Approval of the Sale of Distribution Facilities Pursuant to Section 70 of the Public Service Law.

 

 

 

166

13-G-0009

NATIONAL GRID USA'S NEW YORK GAS COMPANIES - Comprehensive Management and Operations Audit.

 

 

 

167

12-G-0539

THE BROOKLYN UNION GAS COMPANY D/B/A NATIONAL GRID NY - Petition for Approval of a Transfer or Lease of Property with an Original Cost of Over $100,000.

 

 

 

GENERAL

 

261

12-M-0506

CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. - Petition Regarding Disposition of Property Tax Benefits from the Town of Pleasant Valley and Arlington Central School District.

 

 

 

262

13-M-0028

RED-ROCHESTER, LLC and EASTMAN KODAK COMPANY - Petition for Approval to Transfer Regulated Utility Assets at Eastman Kodak Park, Approval to Transfer Certificates of Public Convenience and Necessity, Providing for Continued Lightened and Incidental Regulation, Approval of Financing and Authorization, to the Extent Necessary, for Submetering.  Confirming Order.

 

 

 

263

07-M-0548

Proceeding on Motion of the Commission Regarding an Energy Efficiency Portfolio Standard.  Petitions by New York State Electric & Gas Corporation, Rochester Gas & Electric Corporation and Consolidated Edison Company of New York, Inc.

 

 

 

264

09-C-0113

WENDELL E. SHABAZZ/VERIZON NEW YORK INC. - Appeal of Informal Hearing Decision.

 

09-V-0736

PATRICIA WOODS/CABLEVISION - Appeal of Informal Hearing Decision.

 

 

 

POWER

 

361

13-E-0101

VICTOR AT FIFTH, LLC - Petition to Submeter Electricity at 241 5th Avenue, New York, NY, Located in the Territory of Consolidated Edison. 

 

 

 

362

13-E-0222

CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. - Tariff filing to incorporate, on to one tariff leaf, language from two previously approved filings.

 

 

 

363

03-E-0188

Proceeding on Motion of the Commission Regarding a Retail Renewable Portfolio Standard.  Petition by the New York State Energy Research and Development Authority to Modify the Customer Sited Tier, Competitive Photovoltaic Programs. 

 

 

 

364

10-T-0139

CHAMPLAIN HUDSON POWER EXPRESS, INC. - Application for a Certificate of Environmental Compatibility and Public Need Pursuant to Article VII of the PSL for the Construction, Operation and Maintenance of a High Voltage Direct Current Circuit from the Canadian Border to New York City.

 

 

 

365

03-E-0188

Proceeding on Motion of the Commission Regarding a Retail Renewable Portfolio Standard.  Application by Azure Mountain Power Company.

 

 

 

366

13-E-0121

NIAGARA MOHAWK POWER CORPORATION - Amendments to PSC No. 220 - Elec. eff. 7/1/13, to Revise High Load Factor Power Delivery Rates and Billing Formula, and Related Tariff Amendments.

 

 

 

367

12-E-0310

4C RESCUE RANCH/NEW YORK STATE ELECTRIC AND GAS CORP. - Appeal of Informal Hearing Decision.

 

 

 

368

12-E-0487

NIAGARA MOHAWK POWER CORPORATION - In the Matter of Net Metering Limitations in Service Territory Pursuant to Public Service Law §66-j and §66-l.

 

12-E-0488

ORANGE AND ROCKLAND UTILITIES, INC. - In the Matter of Net Metering Limitations in Service Territory Pursuant to Public Service Law §66-j and §66-l.

 

12-E-0489

ROCHESTER GAS AND ELECTRIC CORPORATION - In the Matter of Net Metering Limitations in Service Territory Pursuant to Public Service Law §66-j and §66-l.

 

12-E-0486

NEW YORK STATE ELECTRIC AND GAS CORPORATION - In the Matter of Net Metering Limitations in Service Territory Pursuant to Public Service Law §66-j and §66-l.

 

12-E-0485

CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. - In the Matter of Net Metering Limitations in Service Territory Pursuant to Public Service Law §66-j and §66-l.

 

12-E-0490

CENTRAL HUDSON GAS & ELECTRIC CORPORATION - In the Matter of Net Metering Limitations in Service Territory Pursuant to Public Service Law §66-l.

 

 

 

369

12-E-0402

PROGRESSIVE MANAGEMENT OF NY, CORP. - Petition to Allow Termination of Service for Non-Payment of Electric Charges after Full Compliance with the Commission's Home Energy Fair Practices Act Rules and Regulations.

 

 

 

370

12-E-0579

CONCERN FOR INDEPENDENT LIVING INC. - Petition for Waiver of Individual Residential Living Unit Metering Requirements at 3349 Webster Avenue, Bronx Located in the Territory of Consolidated Edison Company of New York, Inc.

 

 

 

371

13-T-0081

NIAGARA MOHAWK POWER CORPORATION - Petition for an Amendment of its Certificate of Environmental Compatibility and Public Need - Formerly Case 26465.

 

 

 

WATER

 

461

10-W-0594

ORCHARD HILL W. CO., INC. AND SCOTT ACRES WATER CO., INC. - Proceeding on Motion of the Commission as to the Acts, Practices and Adequacy of Service.  Abandoned Water System.

 

 

 

462

13-W-0194

Petition for Emergency Approval of Easement by and Between New York American Water Company, Inc. and United States Navy under PSL 89-h of the Public Service Law.

 

 

 

COMMUNICATIONS

 

561

09-M-0527

VERIZON NEW YORK INC. - PSC No. 1 - Communications, eff. 7/1/13 - Proceeding to Examine Issues Related to a Universal Service Fund.

 

 

 

562

08-C-0673

SPRINT COMMUNICATIONS COMPANY, L.P. AGAINST VERIZON NEW YORK INC. - Complaint for Modification of Verizon New York Tariff PSC NY No. 8 to Establish Just and Reasonable Terms for Record Processing Charges and for Refund for Charges Improperly Collected.

 

 

 

563

 

There is no item 563.

 

 

 

564

09-M-0527

BERKSHIRE TELEPHONE CORPORATION - PSC No. 1 -Telephone, eff. 6/1/13, Postponed to 7/1/13.

CHAUTAUQUA & ERIE TELEPHONE CORPORATION - PSC No. 1 - Telephone, eff. 6/1/13, Postponed to 7/1/13.

TACONIC TELEPHONE CORPORATION - PSC No. 1 - Tel., eff. 6/1/13, Postponed to 7/1/13.

Tariff filings to add the New York State Universal Service Fund Surcharge to their tariffs.

 

 

 

565

07-C-0349

BERKSHIRE TELEPHONE CORPORATION - Amendments to PSC No. 1 - Tel. eff. 6/8/13.

TACONIC TELEPHONE CORPORATION - Amendments to PSC No. 1 - Tel. eff. 6/8/13.

CHAUTAUQUA & ERIE TELEPHONE CORPORATION - Amendments to PSC No.1 - Tel. eff. 6/8/13.

Amendments to increase the basic residential local service rates.

 

 

 

566

13-C-0223

SPRINT COMMUNICATIONS COMPANY L.P. - Amendments to PSC No. 7 - Tel. eff. 7/1/13, to revise its Telecommunications Relay Service.

 

 

 

567

07-C-0349

FISHERS ISLAND TELEPHONE CORPORATION - Petition for Rehearing of the Commission's February 15, 2013 Order Approving Rate Increase and Directing Additional Filing.

 

 

 

568

13-C-0201

VERIZON NEW YORK INC. - Amendments to PSC NY No. 1 - Communications, eff. 5/18/13, Postponed to 6/18/13, to increase the non-recurring Service Charge and the Central Office Line or Port Charge for business customers.

 

 

 

CABLE

 

661

 

13-V-0112

Petitions for Renewal of Cable Television Franchises.

CHARTER COMMUNICATIONS/TOWN OF BLACK BROOK, COUNTY OF CLINTON.

 

13-V-0113

CHARTER COMMUNICATIONS/TOWN OF WILMINGTON, ESSEX COUNTY.

 

13-V-0152

TIME WARNER CABLE/TOWN OF NEW PALTZ IN ULSTER COUNTY.

 

13-V-0153

TIME WARNER CABLE/VILLAGE OF ELLENVILLE IN ULSTER COUNTY.

 

13-V-0164

TIME WARNER CABLE/VILLAGE OF TRUMANSBURG IN TOMPKINS COUNTY.

 

13-V-0181

CABLEVISION OF OSSINING, L.P/VILLAGE OF PLEASANTVILLE IN WESTCHESTER COUNTY.

 

13-V-0190

TIME WARNER CENTRAL NEW YORK DIVISION/VILLAGE OF YORKVILLE IN ONEIDA COUNTY.

 

 

 

662

13-V-0158

TOWN OF STARK - Petition for a Waiver of the Requirements of 16 NYCRR Part 894.1 through 891.4  to Allow Time Warner Cable to Install Cable Services.

 

 

 

663

13-V-0221

TIME WARNER CABLE - Petition for Internal Restructuring.

 

 

 

664

13-V-0175

SLIC NETWORK SOLUTIONS, INC. - Petition for a Certificate of Confirmation for its Franchise with the Town of Tupper Lake in Franklin County.

 

 

 

Instructions to View Videocast at PSC’s NYC Offices

Individuals in New York City wishing to view the Commission's meeting may do so in the Board Room on the 4th floor of the Commission's offices at 90 Church Street, New York City.  The videocasting will be for viewing and listening purposes only.  Pursuant to procedures established by the building management, anyone planning to observe the meeting in the New York City Board Room must notify Jan Goorsky at 212-417-2378, 48 hours in advance of the meeting, and must be prepared to show valid photo identification upon arrival at 90 Church Street.

 Instructions to View Video Broadcast of Meeting

In addition to the video broadcasting of the meeting in the Commission’s New York City offices, the meeting will be broadcast live on the Internet.  The Internet broadcast can be viewed by accessing http://www.dps.ny.gov/Webcasts.html

The viewing quality of a live webcast can be adversely affected by various factors including, but not limited to, Internet bandwidth limitations, Internet network congestion, and the configurations and settings on a computer used to view the webcast.  If you experience problems viewing a live webcast, you may view it at a later time by accessing an archived copy of the webcast.  Archives are available on the Department Web site within two business days after the meeting. 

Explanation of Agenda

The agenda is divided into two sections.  The Consent Agenda consists of items that because of their nature, can be decided by the Commission on the basis of written reviews and analyses previously made available to the Commission and do not require discussion.  Any item on the Consent Agenda can be transferred to the Regular Agenda if discussion is required.

The Regular Agenda consists of items that, by their nature, appear to be best resolved through discussion of matters covered by written reviews and analyses, also available to the Commissioners in advance of the meeting.  All Commission meetings are open to the public.  However, since adequate forums are available for public participation in cases before the Commission there will be no opportunity for the public to address the Commission.  The agenda contained  herein  is complete at the time of issue, but other items may be added and some agenda items may be removed without further notice.

Proposed draft orders for Regular Agenda items or discussion items will be posted for public viewing, if feasible, by 5:00 p.m. the day before a Commission meeting. The draft orders will be made available at: www.dps.ny.gov/DraftDocuments.html

The posted drafts will be removed by 5:00 p.m. on the day of the Commission meeting. The proposed order is not the final Commission action, rather, the final determination is the issued order, posted by the Secretary, and available at www.dps.ny.gov, click on “Search” then search the appropriate PSC case number.

Other Matters

Persons with disabilities who require a sign language interpreter or other special accommodations should call the Department of Public Service's Human Resources Management office at 518- 474-2520.  TTD users may call this number through the New York Relay Service at 1-800-662-1220 or have a representative call directly to the office.

All public documents that have been filed or issued before today’s date may be obtained by accessing the Commission’s Web site at www.dps.ny.gov, click on “Search” then search using the appropriate PSC case number, or in the alternative documents may be viewed on monitors provided in the Files Unit on the 14th floor of the Albany offices or obtained by calling (518) 474- 2500.

Next Meeting

The next regularly scheduled meeting will begin at 10:30 A.M., Thursday, July 18, 2013, in Albany, New York.

Individuals in Albany wishing to observe the Commission’s meeting may do so in the Board Room on the 19th floor of the Commission’s offices at Three Empire State Plaza. Pursuant to procedures established by the building management, anyone planning to view the meeting in the New York City Office must notify Jan Goorsky at 212-417-2378, 48 hours in advance of the meeting, and must be prepared to show valid photo identification upon arrival at 90 Church Street.  The videocasting will be for viewing and listening purposes only.  

In addition, the meeting will be broadcast live on the Internet.  The Internet broadcast can be viewed by accessing http://www.dps.ny.gov/Webcasts.html.

Persons with disabilities who require a sign language interpreter or other special accommodations should call the Department of Public Service's Human Resources Management office at 518-474-2520.  TDD users may call this number through the New York Relay Service at 1-800-662-1220 or have a representative call directly to the office.

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