COMMISSION ISSUES FINAL OCTOBER 12, 2023 AGENDA

ALBANY, NY – The Public Service Commission announced today that it will hold its next regular session beginning at 10:30 A.M., on Thursday, October 12, 2023. The session will be held in the Commission’s offices located at Three Empire State Plaza, 19th Floor, Albany, New York, and 90 Church Street, 4th Floor Boardroom, New York, New York.

MEETING WILL BE BROADCAST ON THE INTERNET AT:

https://dps.ny.gov/event/october-2023-public-service-commission-session

-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 below, visit:

https://dps.ny.gov/file-search

REGULAR AGENDA ITEMS Items To Be Resolved Through Discussion

Item	PSC Case
		GENERAL
201	22-E-0317	NEW YORK STATE ELECTRIC & GAS CORPORATION - Proceeding on Motion of the Commission as to the Rates, Charges, Rules and Regulations for Electric Service.
	22-E-0319	ROCHESTER GAS AND ELECTRIC CORPORATION - Proceeding on Motion of the Commission as to the Rates, Charges, Rules and Regulations for Electric Service.
	22-G-0318	NEW YORK STATE ELECTRIC & GAS CORPORATION - Proceeding on Motion of the Commission as to the Rates, Charges, Rules and Regulations for Gas Service.
	22-G-0320	ROCHESTER GAS AND ELECTRIC CORPORATION - Proceeding on Motion of the Commission as to the Rates, Charges, Rules and Regulations for Gas Service.
202	23-M-0230	Report on the New York State Electric & Gas Supply Readiness for 2023-2024 Winter.
203		Renumbered to Item No. 267.

		POWER
301	15-E-0302	Proceeding on Motion of the Commission to Implement a Large-Scale Renewable Program and a Clean Energy Standard.
	18-E-0071	In the Matter of Offshore Wind Energy.

No items will be considered on the Regular Agenda for GAS, WATER, COMMUNICATIONS 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-A		In the Matter of an Enforcement Proceeding for Alleged Violation of 16 NYCRR Part 753 - Protection of Underground Facilities (Penalty Determination Orders).
	23-G-0493	HAMPTONS GROUND CARE / KEYSPAN GAS EAST CORPORATION D/B/A NATIONAL GRID
	23-G-0494	CAPUSON GENERAL CONTRACTING, INC. / NATIONAL FUEL GAS DISTRIBUTION CORPORATION
	23-G-0495	NATHANIEL'S CONSTRUCTION / NATIONAL FUEL GAS DISTRIBUTION CORPORATION
	23-G-0496	BAYMEN INDUSTRIES LTD. / CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.
	23-G-0497	CEJA BROTHERS LANDSCAPING INC. / CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.
	23-G-0498	DAVID AND SON'S CONSTRUCTION CORP. / KEYSPAN GAS EAST CORPORATION D/B/A NATIONAL GRID
	23-G-0499	JOHN LOPES CONSTRUCTION CORP. / KEYSPAN GAS EAST CORPORATION D/B/A NATIONAL GRID
	23-G-0500	KESSLER DEVELOPMENT LLC / CENTRAL HUDSON GAS & ELECTRIC CORPORATION
	23-G-0501	POWERS IOT / KEYSPAN GAS EAST CORPORATION D/B/A NATIONAL GRID
	23-G-0502	SHAWN'S LAWNS INC. / CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.
	23-G-0503	SIWANOY COUNTRY CLUB / CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.
	23-G-0506	AREK ENTERPRISES, INC. / ROCHESTER GAS AND ELECTRIC CORPORATION
	23-G-0507	BARCELONA CONTRACTING CORP. / CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.
	23-G-0510	BLUE DOLPHIN IRRIGATION, LTD. / KEYSPAN GAS EAST CORPORATION D/B/A NATIONAL GRID
	23-G-0511	COASTAL ARBORCARE INC. / KEYSPAN GAS EAST CORPORATION D/B/A NATIONAL GRID
161-B		In the Matter of an Enforcement Proceeding for Alleged Violation of 16 NYCRR Part 753 - Protection of Underground Facilities (Consent Order Approvals).
	23-G-0508	N. MATHEWS ENTERPRISES, INC. / NATIONAL FUEL GAS DISTRIBUTION CORPORATION
	23-G-0509	D'AMORIE CONSTRUCTION, LLC / NATIONAL FUEL GAS DISTRIBUTION CORPORATION
162	22-G-0655	WYCOFF HEIGHTS MEDICAL CENTER - In the Matter of the Rules and Regulations of the Public Service Commission, Contained in 16 NYCRR in Relation to Complaint Procedures - Appeal of the Informal Decision Rendered in Favor of The Brooklyn Union Gas Company d/b/a National Grid NY (837452).
163	23-G-0054	DIANE WRIGHT - In the Matter of the Rules and Regulations of the Public Service Commission, Contained in 16 NYCRR in Relation to Complaint Procedures - Appeal of the Informal Decision Rendered in Favor of The Brooklyn Union Gas Company d/b/a National Grid NY (949598).
164	23-G-0352	NIAGARA MOHAWK POWER CORPORATION D/B/A NATIONAL GRID - In the Matter of the Rules and Regulations of the Public Service Commission, Contained in 16 NYCRR in Relation to Complaint Procedures - Appeal of the Informal Decision Rendered in Favor of Karp Associates, Inc (014228).
165	20-G-0086	THE BROOKLYN UNION GAS COMPANY D/B/A NATIONAL GRID NY - Tariff filing to Modify its Gas Tariff Schedule, P.S.C. No. 12 - Gas, to Establish a Firm Demand Response Program.
	20-G-0087	KEYSPAN GAS EAST CORPORATION D/B/A NATIONAL GRID - Tariff filing to Modify its Gas Tariff Schedule, P.S.C. No. 1 - Gas, to Establish a Firm Demand Response Program.
	20-G-0381	NIAGARA MOHAWK POWER CORPORATION D/B/A NATIONAL GRID - Proceeding on Motion of the Commission as to the Rates, Charges, Rules and Regulations for Gas Service.
166	21-G-0577	LIBERTY UTILITIES (ST. LAWRENCE GAS) CORP. - Proceeding on Motion of the Commission as to the Rates, Charges, Rules and Regulations for Gas Service.
167	23-G-0227	VALLEY ENERGY, INC. - Minor Rate Filing to Increase Its Total Annual Revenues by about $300,000 or 11.2 Percent.
		GENERAL
261	22-S-0659	CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. - Proceeding on Motion of the Commission as to the Rates, Charges, Rules and Regulations for Steam Service.
262	21-M-0193	CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. and ORANGE AND ROCKLAND UTILITIES, INC. - In the Matter of a Comprehensive Management and Operations Audit.
263		There is no Item 263.
264	14-M-0224	Proceeding on Motion of the Commission to Enable Community Choice Aggregation Programs.
265	20-M-0082	Proceeding on Motion of the Commission Regarding Strategic Use of Energy Related Data.
266	21-M-0523	BARBERA HOMES, INC. - Petition for a 150-Day Extension of the Five-Year Agreement Concerning Builder Development Funds.
	22-E-0291	BELMONTE PROPERTIES, LLC - Petition for a Year Extension of the Five-Year Agreement Concerning Builder Development Funds for Morgan Meadows Subdivision.
	22-E-0632	BEACH RIDGE MEADOWS - Petition for Extension on the Five-Year Agreement Concerning Builder Development Funds.
	22-E-0638	PINEBROOKE FALLS, LLC - Petition for a Two-Year Extension of the Five-Year Agreement Concerning Builder Development Funds.
	22-M-0040	BELMONTE PROPERTIES, LLC - Petition for a Year Extension of the Five-Year Agreement Concerning Builder Development Funds for Princeton Heights Subdivision.
	22-M-0203	GARRISON PROJECTS, LLC - Petition for a Year Extension of the Five-Year Agreement Concerning Builder Development Funds for Kensington Woods Subdivision Phase 1.
	22-M-0292	BELMONTE PROPERTIES, LLC - Petition for a Year Extension of the Five-Year Agreement Concerning Builder Development Funds for City Square Subdivision.
	22-M-0639	PEET HOMES LLC - Petition for a Year Extension on the Five-Year Agreement Concerning Builder Development Funds.
	22-M-0697	KEYSTONE HOMES, INC. - Petition for a Year Extension of the Five-Year Agreement Concerning Builder Development Funds for Maxwell Road Senior Housing.
	23-M-0057	CABBAGE PATCH PARTNERS, LLC - Petition for a Two-Year Extension of the Five-Year Agreement Concerning Builder Development Funds for Whispering Oaks Section 4, Phase 1.
	23-M-0080	In the Matter of a Proposal for a Waiver of Requirements Regarding the Five-Year Development Period for Developments Impacted by the COVID-19 Pandemic Construction Moratorium.
	23-M-0150	GARRISON PROJECTS, LLC - Petition for a Year Extension of the 5-Year Agreement Concerning Builder Development Funds.
	23-M-0392	BLITMAN SARATOGA LLC - Petition for a Year Extension on the Five-Year Agreement Concerning Builder Development Funds for Beaver Pond Village Phase 4 and 5.
	23-M-0393	J. ALBERICI & SONS INC. - Petition for an Extension through May 1, 2025 of the Five-Year Agreement Concerning Builder Development Funds.
267	23-M-0229	In the Matter of the Rules and Regulations of the Public Service Commission, Contained in 16 NYCRR - Proposed Amendment to Part 11 to Implement Public Service Law Section 53-a the Prohibition of Utilities Engaging in Detrimental Conduct Towards a Residential Customer.
		POWER
361	21-E-0561	ARCHDIOCESE OF NEW YORK - In the Matter of the Rules and Regulations of the Public Service Commission, Contained in 16 NYCRR in Relation to Complaint Procedures - Appeal of the Informal Decision Rendered in Favor of Consolidated Edison Company of New York, Inc. (022398).
362	23-E-0388	GENON BOWLINE HOLDINGS, LLC AND BOWLINE POINT POWER, LLC - Joint Petition for a Declaratory Ruling Eschewing Further Review of the Transaction, or Alternatively, an Order Authorizing the Transaction Pursuant to Section 70 of the New York Public Service Law.
363	23-E-0158	BSDC NEIGHBORHOOD/WAVECREST MANAGEMENT - In the Matter of the Rules and Regulations of the Public Service Commission, Contained in 16 NYCRR in Relation to Complaint Procedures - Appeal of the Informal Decision Rendered in Favor of Consolidated Edison Corporation of New York, Inc. (018968).
364	23-E-0526	SOLANTA - In the Matter to Seek Consequences for Violations of the Uniform Business Practices for Distributed Energy Resource Suppliers.
365	23-E-0518	ENTERSOLAR, LLC - In the Matter to Seek Consequences for Violations of the Uniform Business Practices for Distributed Energy Resource Suppliers.
366	23-E-0515	ASTRAL POWER, INC. - In the Matter to Seek Consequences for Violations of the Uniform Business Practices for Distributed Energy Resource Suppliers.
367	23-E-0521	GREEN VISIONS SOLAR LLC - In the Matter to Seek Consequences for Violations of the Uniform Business Practices for Distributed Energy Resource Suppliers.
368	23-E-0527	NY SOLAR DOCTORS, LLC - In the Matter to Seek Consequences for Violations of the Uniform Business Practices for Distributed Energy Resource Suppliers.
369	23-E-0519	GO SOLAR/GREEN NY LLC - In the Matter to Seek Consequences for Violations of the Uniform Business Practices for Distributed Energy Resource Suppliers.
370	23-E-0523	MAX SOLAR INC. - In the Matter to Seek Consequences for Violations of the Uniform Business Practices for Distributed Energy Resource Suppliers.
371	23-E-0528	TRUE ENERGY SOLUTIONS, INC. - In the Matter to Seek Consequences for Violations of the Uniform Business Practices for Distributed Energy Resource Suppliers.
372	23-E-0525	SOL SUPPLIERS - In the Matter to Seek Consequences for Violations of the Uniform Business Practices for Distributed Energy Resource Suppliers.
373	22-E-0368	LENOX INVESTORS LLC - Petition to Submeter Electricity at 340 Lenox Road, Brooklyn, Located in the Territory of Consolidated Edison Company of New York, Inc.
374	23-E-0517	BULLROCK GPS, LLC - In the Matter to Seek Consequences for Violations of the Uniform Business Practices for Distributed Energy Resource Suppliers.
375	23-E-0308	ROCHESTER GAS AND ELECTRIC CORPORATION - Petition for Authority, Pursuant to Public Service Law Section 70, to Transfer Street Lighting Facilities to the Town of Henrietta with an Original Cost of Over $100,000.
376	23-E-0266	156-166 BOWERY L. P./KALED MGMT - In the Matter of the Rules and Regulations of the Public Service Commission, Contained in 16 NYCRR in Relation to Complaint Procedures - Appeal of the Informal Decision Rendered in Favor of Consolidated Edison Corporation of New York, Inc. (148362).
377	22-E-0584	SELMA DE OLIVEIRA - In the Matter of the Rules and Regulations of the Public Service Commission, Contained in 16 NYCRR in Relation to Complaint Procedures - Appeal of the Informal Decision Rendered in Favor of Consolidated Edison Company of New York, Inc. (942997).
378	23-E-0231	505 STATE OPERATOR, LLC - Petition to Submeter Electricity at 100 Flatbush Avenue, Brooklyn, Located in the Territory of Consolidated Edison Company of New York, Inc.
379	23-E-0095	76 ELEVENTH AVENUE PROPERTY OWNER LLC - Notice of Intent to Submeter Electricity at 76-11th Avenue, New York, Located in the Territory of Consolidated Edison Company of New York, Inc.
380	23-E-0214	NIAGARA MOHAWK POWER CORPORATION D/B/A NATIONAL GRID - Petition Pursuant to Section 70 of the New York State Public Service Law Regarding the Transfer of Certain Property to the City of Hudson. (SAPA)
381	23-E-0109	SPRING STREET OWNER, LLC - Petition to Submeter Electricity at 83 Thompson Street, New York, Located in the Territory of Consolidated Edison Company of New York, Inc.
382	23-E-0156	NIAGARA MOHAWK POWER CORPORATION D/B/A NATIONAL GRID - Petition for Approval to Transfer Certain Property to Sunset Aviation LLC, Pursuant to Section 70 of the New York State Public Service Law, with an Original Cost of Over $100,000.
383	22-E-0666	WEST 38 RES LLC - Petition to Submeter Electricity at 555 W. 38th St., New York, Located in the Territory of Consolidated Edison Company of New York, Inc.
384	15-E-0751	In the Matter of the Value of Distributed Energy Resources
385	23-E-0142	HOLTSVILLE ENERGY STORAGE, LLC - Petition for a Certificate of Public Convenience and Necessity, Granting a Lightened Regulatory Regime, and Expedited Proceeding.
386	23-T-0447	NIAGARA MOHAWK POWER CORPORATION D/B/A NATIONAL GRID - Petition to Amend its Certificate of Environmental Compatibility and Public Need Granted by Order issued April 18, 1980.
387		There is no Item 387.
388	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. (Certificate Condition 162(i) Amendment Petition)
389	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. (EM&CP Petition for Segments 13, 14, and 15)
390	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. (EM&CP Petition for Segment 19a)
391	23-E-0148	ANTHONY RESIDENCE LLC - Petition to Submeter Electricity at 2063-2067 Anthony Avenue, Bronx, Located in the Territory of Consolidated Edison Company of New York, Inc.
392	23-E-0045	ATLANTIC TOWERS ASSOCIATES, L.P. - Notice of Intent to Submeter Electricity at 249 Thomas S. Boyland Street and 216 Rockaway Avenue, Brooklyn, Located in the Territory of Consolidated Edison Company of New York, Inc.
393	23-E-0145	WEST DEVELOPMENT B, LLC - Petition for a Declaratory Ruling Concerning Whether Use of the Daikin VRV IV Heat Recovery System at 60 Wharf Drive, Brooklyn, Would Constitute Electric Submetering and Require Approval Pursuant to Part 96.
394	23-E-0204	83RD STREET OWNERS CORP. - Petition to Submeter Electricity at 46 West 83rd Street, New York, Located in the Territory of Consolidated Edison Company of New York, Inc.
		WATER
461	23-W-0343	WEST BEEKMAN WATER CO., INC. AND FERNANDO DONGO - Joint Petition for Approval of the Purchase of All Issued and Outstanding Stock.
462	23-W-0155	SARATOGA WATER SERVICES, INC. - Tariff Filing to Clarify Terms that Water Service May Be Discontinued for Failure to Provide Access to or for Damaging the Company's Water Supply Equipment, Including Meters.
		COMMUNICATIONS
561	23-C-0349	TEMPO TELECOM, LLC - Petition for Designation as an Eligible Telecommunications Carrier.
		CABLE
661		Petitions for Cable Franchise Renewals.
	23-V-0400	CABLEVISION SYSTEMS LONG ISLAND CORPORATION / VILLAGE OF WILLISTON PARK, NASSAU COUNTY.
	23-V-0442	SPECTRUM NORTHEAST, LLC / TOWN OF NEVERSINK, SULLIVAN COUNTY.
	23-V-0446	SPECTRUM NORTHEAST, LLC / TOWN OF LEICESTER, LIVINGSTON COUNTY.
	23-V-0458	SPECTRUM NORTHEAST, LLC / TOWN OF CORINTH, SARATOGA COUNTY.
	23-V-0465	SPECTRUM NORTHEAST, LLC / VILLAGE OF SCHAGHTICOKE, RENSSELAER COUNTY.
	23-V-0473	SPECTRUM NORTHEAST, LLC / TOWN OF MAMAKATING, SULLIVAN COUNTY.
662		Petitions for Orders of Entry.
	23-V-0474	VERIZON NEW YORK INC. / 246 BROOME STREET, MANHATTAN.
	23-V-0475	SPECTRUM NEW YORK METRO, LLC / 400 EAST 84TH STREET, NEW YORK.
	23-V-0476	SPECTRUM NEW YORK METRO, LLC / 211 WEST 29TH STREET, NEW YORK.
	23-V-0477	SPECTRUM NEW YORK METRO, LLC / 249 EAST 49TH STREET, NEW YORK.
	23-V-0478	SPECTRUM NEW YORK METRO, LLC / 410 WEST 126TH STREET, NEW YORK.
	23-V-0479	SPECTRUM NEW YORK METRO, LLC / 120 WEST 1ST STREET, MT. VERNON.
	23-V-0480	SPECTRUM NEW YORK METRO, LLC / 830 8TH AVENUE, NEW YORK.
	23-V-0481	SPECTRUM NEW YORK METRO, LLC / 85-15 120TH STREET, QUEENS.
663	23-V-0098	AMANDA AND SALVATORE ANNARINO - In the Matter of the Rules and Regulations of the Public Service Commission, Contained in 16 NYCRR in Relation to Complaint Procedures - Appeal of the Informal Decision Rendered in Favor of Spectrum Northeast LLC (984162).

Instructions to Listen to the Webcast of Meeting

The Internet webcast can be accessed at https://dps.ny.gov/calendar.

The listening 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 access the webcast. If you experience problems listening to 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 will be posted for public viewing, if feasible, by 6:00 p.m. the day before a Commission meeting. The proposed draft orders will be made available at: https://dps.ny.gov/documents-scheduled-discussion-session.

The posted draft orders will be removed by 6:00 p.m. on the day of the Commission meeting, or when the final order is issued, whichever is earlier. (Clicking on this link at any other time than that noted above will result in “No Documents found.”) The proposed draft order is not the final Commission action, rather, the final determination is the issued order, posted by the Secretary, and available at https://dps.ny.gov, click on “File Search” under “Commission Files” then search the appropriate PSC case number.

Other Matters

If you have difficulty understanding English, please call us at 1-800-342-3377, where you can be connected to free language assistance services regarding this agenda. 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 Department of Public Service website at https://dps.ny.gov, click on “File Search” under “Commission Files” then search using the appropriate PSC case number.

Next Meeting

The next regularly scheduled meeting will begin at 10:30 A.M., Thursday, November 16, 2023, in New York City.

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