BILL NUMBER: S2882
SPONSOR: COMRIE
 
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 one adds a new subdivision 28 to the public service law to
achieve the following:
(1) require 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) require the PSC to issue an annual report on its handling of
petitions and complaints filed during the reporting year; and
(3) allow an aggrieved party to commence an Art. 78 proceeding against
the PSC for failure to comply with the statutory timeframes.
Section two 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 three sets forth the severability clause.
Section four 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, in recent years, committee
staff, based on rough data provided by the commission, found that
anywhere from 100 to 300 cases were still open. The PSC has a responsi-
bility to quickly address petitions .41.hd by customers Or other inter-
ested 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 times frames for the PSC to complete action
on future petitions and complaints.
 
LEGISLATIVE HISTORY:
2022: S5856
2018: A.10212 - Referred to Corporations, Authorities and Commissions.
2017: A.3793 - Referred to Corporations, Authorities and Commissions.
2013-14: A.3189-B - Reported in 2013 and advanced to a third reading in
2014 /S.7198 of 2014 - Referred to Energy and Telecommunications.
2011-2012: A.6563 - Referred to Rules in 2011 and passed Assembly in
2012/ 5.4696 - Referred to Energy and Telecommunications.
2009-2010: A.4472 - Passed Assembly both years/ S.3667- Referred to
Energy and Telecommunications.
2007-2008: A.7624 - Passed Assembly both years/ S.5804 - Referred to
Energy and Telecommunications.
 
FISCAL IMPLICATIONS:
Unknown.
 
EFFECTIVE DATE:
Immediately.