What's happening
This bill allows courts to stay or suspend Public Service Commission orders if great and irreparable damage is shown, even with new tariff schedules subject to refund.
Why it matters
Expands who can seek relief. The bill clarifies that not only the petitioner, but also any other person affected by a Public Service Commission (PSC) order, can be protected by a court-ordered stay or suspension, potentially broadening access to judicial review.
Raises the bar for court action. Courts must make a specific, evidence-based finding that "great and irreparable damage" would occur without a stay, ensuring that suspensions of PSC orders are not granted lightly and must be justified with clear proof.
Limits the PSC’s power to shield orders via refunds. Even if a new tariff (rate or charge) is implemented with a promise of refunds and interest if later overturned, courts are allowed to find that irreparable harm could still occur, removing a common argument used to deny stays and giving challengers a stronger position.
Could affect timing and predictability of utility rates. By making it easier for courts to halt PSC orders despite refund provisions, the bill could introduce more uncertainty for utilities and ratepayers regarding when new rates take effect and whether they will ultimately be implemented.
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Who cares
Headline styles
Change Court Order Stays
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
1 Multi-sponsor
History
- Referred to corporations, authorities and commissions
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
10064
IN ASSEMBLY
March 14, 2018
Introduced by M. of A. PAULIN, D'URSO -- Multi-Sponsored by -- M. of A. COOK -- read once and referred to the Committee on Corporations, Authorities and Commissions
AN ACT to amend the public service law, in relation to the staying or suspending of certain orders of the commission by the supreme court
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 23 of the public service law, as amended by chapter 732 of the laws of 1928, is amended to read as follows:
2. No order staying or suspending an order of the commission fixing any rate, fare or charge or joint rate, fare or charge shall be made by the supreme court otherwise than upon notice and after hearing; and if the order of the commission is suspended, the order suspending the same shall contain a specific finding based upon evidence submitted to the court and identified by reference thereto, that great and irreparable damage would otherwise result to the petitioner or other person affected thereby and specifying the nature of the damage; provided that notwithstanding the granting of a new tariff schedule, subject to refund with interest, the court may find great and irreparable damage on the basis of evidence submitted.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07580-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.