What's happening
This bill allows courts to stay or suspend Public Service Commission rate orders if great and irreparable damage may occur, even with tariff refunds.
Why it matters
Expands who can seek court intervention. The bill allows not just the petitioner, but any other person affected by a Public Service Commission (PSC) rate order, to request a court stay or suspension. This broadens access to legal remedies for groups like consumers, businesses, or advocacy organizations.
Raises the bar for judicial action. Courts must make a specific finding, based on evidence, that great and irreparable damage would occur if the PSC order proceeds. This requirement ensures that suspensions are granted only in truly urgent or severe cases, not just because a rate change is controversial.
Allows intervention even with refund provisions. The bill clarifies that courts can still find “great and irreparable damage” and issue a stay, even if there is a mechanism to refund overcharges with interest. This recognizes that harm from rate changes (such as business closures or loss of essential services) may not be fully addressed by financial refunds alone.
Could impact utility rate stability and consumer protection. By making it easier to challenge or delay PSC-approved rate changes when significant harm is demonstrated, the bill could give affected parties more leverage in rate disputes, potentially leading to longer litigation or delays in implementing new rates.
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Who cares
Headline styles
Limit Court Stays on Orders
Plain English, a few words. Used as the page title.
Sponsors
1 Multi-sponsor
History
- Enacting clause stricken
- Referred to corporations, authorities and commissions
- Referred to corporations, authorities and commissions
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6011
2017-2018 Regular Sessions
IN ASSEMBLY
February 21, 2017
Introduced by M. of A. DINOWITZ -- 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.