Clarifies the time in which the public service commission must act upon certain petitions

1 Co-sponsor

• Bill Perkins

BILL NUMBER:S7198

Title of bill

An act to amend the public service law, in relation to clarifying the mandatory time within which the public service commission must act upon petitions submitted by regulated entities and the citizenry

Purpose

Requires the public service commission ("PSC") to take action on petitions submitted by citizens and other interested parties in a more expeditious manner.

Summary of provisions

Section 1 - adds a new subdivision 27 to the Public Service Law to achieve the following:

(1) requires the PSC to investigate and complete action on any petition or complaint filed by a utility customer or a group of customers or certain public officials within 90 days of the filing of the petition or complaint. A petition alleging an emergency or action that threatens public health and safety must be handled within 30 days;

(2) requires the PSC to issue an annual report on its handling of petitions and complaints filed during the reporting year; and

(3) allows an aggrieved party to commence an Art. 78 proceeding against the PSC for failure to comply with the statutory timeframes.

Section 2 - requires the PSC to complete action on any petition or complaint filed prior to the effective date within 180 days of the effective date of this act. The PSC is required to file a report after the 180 days describing its handling of this backlog of petitions.

Section 3 - sets forth the severability clause.

Section 4 - states that the act shall take effect immediately.

Justification

After a series of public hearings conducted by the Assembly Committee on Corporations, Authorities and Commissions, the Committee discovered that the PSC has inadequately addressed petitions filed with it; i.e., petitions filed by citizens have been open for several years or the commission has not taken any action on the petition. The PSC defines open cases as all petitions, complaints and commission, procedures that require commission action. For example, committee staff, based on rough data provided by the commission, found the following:

*101 cases filed in 2007 are still open,

*186 cases filed in 2008 are still open,

*326 cases filed in 2009 are still open,

*878 cases filed in 2010 are still open, and

*306 cases filed in 2011 are still open (as of Feb 25).

The PSC has a responsibility to quickly address petitions filed by customers or other interested groups to make sure the utilities it regulates operate in the public interest.

This bill would also require the PSC to address its backlog of petitions, and establishes time frames for the PSC to complete action on future petitions and complaints.

Legislative history

A.7624 (2007-2008), passed Assembly; A.4472 (2009-10), passed Assembly; A.6563 (2011-2012), passed Assembly.

Fiscal implications

To be determined.

Effective date

This act shall take effect immediately.