COMMISSION ISSUES FINAL NOVEMBER 16, 2023 AGENDA

NEW YORK, NY – The Public Service Commission announced today that it will hold its next regular session beginning at 10:30 A.M., on Thursday, November 16, 2023. The session will be held in the Commission’s offices located at 90 Church Street, 4th Floor Boardroom, New York, New York, and Three Empire State Plaza, 19th Floor, Albany, New York.

MEETING WILL BE BROADCAST ON THE INTERNET AT:

https://dps.ny.gov/event/november-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-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.
202	22-M-0314	Proceeding to Review Utilities' Diversity, Equity, and Inclusion Practices.
		POWER
301	18-E-0138	Proceeding on Motion of the Commission Regarding Electric Vehicle Supply Equipment and Infrastructure.

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-0558	DOUBLE A SERVICES LLC / NATIONAL FUEL GAS DISTRIBUTION CORPORATION
	23-G-0559	FITZPATRICK ENTERPRISES INC. / ROCHESTER GAS AND ELECTRIC CORPORATION
	23-G-0560	EDWIN & SONS HOME IMPROVEMENT CORP / KEYSPAN GAS EAST CORPORATION D/B/A NATIONAL GRID
	23-G-0561	FERNANDO'S HOME IMPROVEMENT 2 INC / KEYSPAN GAS EAST CORPORATION D/B/A NATIONAL GRID
	23-G-0562	HAMPTONS TENNIS COMPANY, INC / KEYSPAN GAS EAST CORPORATION D/B/A NATIONAL GRID
	23-G-0563	VRD NY CONSTRUCTION INC. / CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.
	23-G-0564	MAURO CONTRACTING CORP. / CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.
	23-G-0565	ROCK HARD EXCAVATING LLC / NATIONAL FUEL GAS DISTRIBUTION CORPORATION
	23-G-0566	J & K TRUCKING AND EXCAVATING, INC. / NIAGARA MOHAWK POWER CORPORATION, D/B/A NATIONAL GRID
	23-G-0567	WILLIAM A. GROSS CONSTRUCTION ASSOCIATES, INC. / KEYSPAN GAS EAST CORPORATION D/B/A NATIONAL GRID
	23-G-0568	CAPO DESIGN BUILD / KEYSPAN GAS EAST CORP. D/B/A NATIONAL GRID
	23-G-0569	DOUBLE A SERVICES / NATIONAL FUEL GAS DISTRIBUTION CORPORATION
	23-G-0571	RYAN WATERPROOFING CO. LLC / NATIONAL FUEL GAS DISTRIBUTION CORPORATION
	23-G-0572	KT CONTRACTING INC / LIBERTY UTILITIES (ST. LAWRENCE GAS) CORP.
	23-G-0573	A.J. CONTRACTING OF NY LLC / CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.
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-0574	DRULYK CONSTRUCTION, INC. / NIAGARA MOHAWK POWER CORPORATION D/B/A NATIONAL GRID
	23-G-0577	TOWN OF BABYLON / KEYSPAN GAS EAST CORPORATION D/B/A NATIONAL GRID
	23-G-0578	B D S BUILDERS LLC / KEYSPAN GAS EAST CORPORATION D/B/A NATIONAL GRID
	23-G-0579	CITY OF LONG BEACH PUBLIC WORKS / KEYSPAN GAS EAST CORPORATION D/B/A NATIONAL GRID
	23-G-0580	ST. ONGE LANDSCAPING / NIAGARA MOHAWK POWER CORPORATION D/B/A NATIONAL GRID
	23-G-0581	TOWN OF WIRT HIGHWAYS / NATIONAL FUEL GAS DISTRIBUTION CORPORATION
162	22-G-0158	SARAH DAVIS - 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 Hearing Decision Rendered in Favor of Consolidated Edison Company of New York, Inc. (162994).
163	23-G-0309	ALBERT REALTY CORP. - 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. (167696).
164	23-G-0222	NATIONAL FUEL GAS DISTRIBUTION CORPORATION - Petition for a Declaratory Ruling Regarding the Transfer of Facilities or, in the Alternative, Approval of the Transfer Pursuant to Section 70 of the New York Public Service Law.
165	23-G-0342	THE BROOKLYN UNION GAS COMPANY D/B/A NATIONAL GRID NY - Verified Petition for Approval, Pursuant to New York State Public Service Law Section 70, for the Transfer of Certain Property Located at 2731 West 12th Street, Brooklyn, New York to Prologis, L.P.
166	23-G-0378	NATIONAL FUEL GAS DISTRIBUTION CORPORATION - Petition for Authority to Issue Promissory Notes.
		GENERAL
261	22-M-0552	THE PANDERING PIG RESTAURANT, INC. - 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. (011381 and 973100).
262	23-M-0554	ASTRAL ENERGY LLC - In the Matter of Notice of Apparent Violation.
263	23-M-0287	MPOWER ENERGY LLC - In the Matter of Notice of Apparent Violation.
264	22-E-0064	CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. - Proceeding on Motion of the Commission as to the Rates, Charges, Rules and Regulations for Electric Service. (AARP Petition for Rehearing)
	22-G-0065	CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. - Proceeding on Motion of the Commission as to the Rates, Charges, Rules and Regulations for Gas Service. (AARP Petition for Rehearing)
265	22-E-0064	CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. - Proceeding on Motion of the Commission as to the Rates, Charges, Rules and Regulations for Electric Service. (Compliance Tariff Filings)
	22-G-0065	CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. - Proceeding on Motion of the Commission as to the Rates, Charges, Rules and Regulations for Gas Service. (Compliance Tariff Filings)
266	23-M-0337	PEARL RIVER CAMPUS, LLC - Petition for a Declaratory Ruling that its Ownership and Operation of its Cogeneration Facility is not Regulated Under the New York Public Service Law and for an Order Providing for its Incidental Regulation as a Water-Works Corporation Pursuant to New York Public Service Law Section 89-c.
267	18-M-0013	In the Matter of a Focused Operations Audit to Investigate the Income Tax Accounting of Certain New York State Utilities.
268	23-M-0461	In the Matter of Rules and Regulations of the Public Service Commission, Contained in 16 NYCRR, Prescribing Interest Rates Applicable to Customer Deposits for 2024.
269	23-M-0286	CENTRAL HUDSON GAS & ELECTRIC CORPORATION - Petition for Approval to Enter into Multi-Year Committed Credit Agreements, and Approval to Issue and Sell Long-Term Debt Securities, from January 1, 2024 through December 31, 2026.
		POWER
361	22-E-0700	MATTHEW SIEGEL - 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. (214017)
362	22-E-0656	JON SYLLMAN - 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. (973258).
363	21-E-0202	CHRISTOPHER COURT HOUSING CO. /WAVECREST MANAGEMENT B#466 - 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. (019136).
364	22-E-0649	311 WEST 42ND STREET ASSOCIATES LLC - Notice of Intent to Submeter Electricity at 312 West 43rd Street, New York, Located in the Territory of Consolidated Edison Company of New York, Inc.
365	23-E-0108	312 CONEY ISLAND AVE, LLC - Petition to Submeter Electricity at 312 Coney Island Avenue, Brooklyn, Located in the Territory of Consolidated Edison Company of New York, Inc.
366	23-E-0312	AMERICAN LION, LLC - Notice of Intent to Submeter Electricity at 27-01 Jackson Avenue, Long Island City, Located in the Territory of Consolidated Edison Company of New York, Inc.
367	23-E-0137	TESLA, INC. - Petition for Approval of Meter Accessory Tesla Backup Switch.
368	23-E-0048	DRIGGS PARTNERS LLC - Petition to Submeter Electricity at 510 Driggs Avenue, New York, Located in the Territory of Consolidated Edison Company of New York, Inc.
369	22-E-0668	PENNSYLVANIA ELECTRIC COMPANY - Minor Rate Filing to Increase its Annual Revenues by About $300,000 or 3.49 Percent.
370	23-E-0207	EMPIRE STATE DAIRY LLC - Notice of Intent to Submeter Electricity at 2840 Atlantic Avenue, Brooklyn, Located in the Territory of Consolidated Edison Company of New York, Inc.
371	15-E-0302	Proceeding on Motion of the Commission to Implement a Large-Scale Renewable Program and a Clean Energy Standard. (Compliance Tariff Filings)
	15-E-0751	In the Matter of the Value of Distributed Energy Resources. (Compliance Tariff Filings)
	22-E-0549	In the Matter of the Federal Energy Regulatory Commission (FERC) Order Nos. 2222 and 841, to Modify Rules Related to Distributed Energy Resources. (Compliance Tariff Filings)
372	23-E-0491	76 LOCUST HILL, L.P. C/O WESTHAB, INC. - Petition for a Declaratory Ruling Concerning Whether Use of the LG Multi V Heat Pump System Would Constitute Electric Submetering and Require Approval Pursuant to Part 96.
373	23-E-0118	PENNSYLVANIA ELECTRIC COMPANY - Petition for Authorizing the Proposed Intra-Corporate Merger Pursuant to Section 70 of the New York Public Service Law.
374	22-E-0603	NEW YORK TRANSCO LLC and CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. - Joint Petition for Approval to Transfer Certain Interconnection Facilities, Pursuant to Section 70 of the New York Public Service Law.
375	18-F-0087	FLINT MINE SOLAR LLC - Application for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 for Construction of a Solar Electric Generating Facility Located in the Towns of Coxsackie and Athens, Greene County.
376		There is no Item No. 376.
377	18-E-0130	In the Matter of Energy Storage Deployment Program. (Compliance Tariff Filings)
378	23-E-0185	NEW YORK TRANSCO LLC and ORANGE AND ROCKLAND UTILITIES, INC. - Joint Petition for Approval to Transfer Certain Interconnection Facilities, Pursuant to Section 70 of the New York Public Service Law, with an Original Cost of Over $100,000.
379	23-E-0390	NEW YORK TRANSCO LLC - Petition for an Order Approving Financing Pursuant to Section 69 of the Public Service Law and Lightened Regulation.
380	23-E-0153	495 11TH AVENUE OWNER REALTY LLC - Notice of Intent to Submeter Electricity at 495 11th Avenue, New York, Located in the Territory of Consolidated Edison Company of New York, Inc.
381	23-E-0228	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. (019790).
382	22-E-0236	Proceeding to Establish Alternatives to Traditional Demand-Based Rate Structures for Commercial Electric Vehicle Charging.
383	23-E-0100	VALENTINE AVE. LLC - Petition to Submeter Electricity at 2829 Valentine Avenue, Bronx, Located in the Territory of Consolidated Edison Company of New York, Inc.
384	23-E-0299	JAMESTOWN BOARD OF PUBLIC UTILITIES - Petition for Approval to Reinstate a Dismantling Fund.
385	15-E-0302	Proceeding on Motion of the Commission to Implement a Large-Scale Renewable Program and a Clean Energy Standard. (NYSERDA Petition)
	18-E-0071	In the Matter of Offshore Wind Energy. (NYSERDA Petition)
		COMMUNICATIONS
561	23-C-0198	In the Matter of Quality of Service Provided by Local Exchange Companies in New York State.
562	23-C-0448	EDGE FIBERNET INC. - Petition for Designation as an Eligible Telecommunications Carrier.
		CABLE
661	23-V-0541	VERIZON NEW YORK, INC. - Petition for an Order of Entry for 170 Norfolk Street, Manhattan.
662		Petitions for Cable Franchise Renewals.
	23-V-0482	CABLEVISION SYSTEMS LONG ISLAND CORPORATION / TOWN OF OYSTER BAY, NASSAU COUNTY
	23-V-0524	SPECTRUM NORTHEAST, LLC / TOWN OF COLDEN, ERIE COUNTY
	23-V-0531	SPECTRUM NORTHEAST, LLC / TOWN OF FALLSBURG, SULLIVAN COUNTY
	23-V-0546	SPECTRUM NORTHEAST, LLC / CITY OF NORTH TONAWANDA, NIAGARA COUNTY

No items will be considered on the Consent Agenda for WATER.

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, December 14, 2023, in Albany, New York.

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