|SAME AS||No Same As|
|Amd §66, Pub Serv L|
|Relates to the general powers of the public service commission in respect to gas and electric corporations; authorizes the public service commission to require gas and electric corporations to eliminate provisions attempting to relieve such corporations from liability arising from their negligence or willful misconduct; provides for the investigation of regulatory conduct and provides for damages to persons affected by such regulatory failure.|
|01/10/2017||referred to corporations, authorities and commissions|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A997 SPONSOR: Pretlow
TITLE OF BILL: An act to amend the public service law, in relation to the general powers of the commission in respect to gas and electricity   PURPOSE OR GENERAL IDEA OF BILL: This bill would change the standard of care for electric and gas compa- nies from "gross negligence" to "negligence."   SUMMARY OF SPECIFIC PROVISIONS: Section 1. Section 66 of the public service law is amended by adding two new subdivisions 11-a and 11-b 11-a. Gas and electric utility companies would be required by the PSC to amend tariff schedules to eliminate provisions that: a. Attempt to relieve the corporations from liability due to negligence/misconduct by employees; b. Limit the liability for damages to property resulting from negli- gence; c. Limit the liability for damages related to the supply of gas/electricity. 11-b. Would give the PSC power in all parts of the state, either as a commission or through its members, or through an officer or employee specifically authorized to consider regulatory conduct of every gas corporation, electric corporation and gas and electric corporations, where necessary, to: (a) investigate that a regulatory failure occurred despite the exercise of ordinary business care and prudence and the conduct a hearing or proceeding to subpoena witnesses, take testimony and administer oaths to witnesses in any proceeding or examination instituted before it (b) allow such commission to award damages resulting from such failure to persons thereby affected in the community   JUSTIFICATION: Beginning on July 17, 2006, Con Edison's electric system experienced problems that resulted in the failure of some distribution feeders that caused numerous customer outages. A major portion took place in the Long Island City electric network, which serves the northwestern portion of Queens leaving thousands of customers without power. Current law states that Con Ed's customers only receive compensation for actions that are "grossly negligent." I will be introducing legislation to allow for compensation for acts that are "negligent," the standard that applies to most other businesses. If this had been the law when the Queens outage occurred, it would have enabled customers to receive substantial compensation.   PRIOR LEGISLATIVE HISTORY: A1450 2015/2016 referred to corporations, authorities and commissions A.1566A 2009/2010 referred to corporations, authorities and commissions A10690 (2007-2008)   FISCAL IMPACT: None   EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation neces- sary for the implementation of this act on its effective date are authorized and directed to be made and completed by the public service commission on or before such effective date.
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STATE OF NEW YORK ________________________________________________________________________ 997 2017-2018 Regular Sessions IN ASSEMBLY January 10, 2017 ___________ Introduced by M. of A. PRETLOW -- read once and referred to the Commit- tee on Corporations, Authorities and Commissions AN ACT to amend the public service law, in relation to the general powers of the commission in respect to gas and electricity The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 66 of the public service law is amended by adding 2 two new subdivisions 11-a and 11-b to read as follows: 3 11-a. Require every gas corporation, electric corporation and gas and 4 electric corporation, where necessary, to amend its filed tariff sched- 5 ules by eliminating any provision (a) attempting to relieve such corpo- 6 ration from liability arising from the negligence or willful misconduct 7 of its officers, agents or servants; (b) limiting the liability of the 8 corporation for damages resulting from its own negligence in connection 9 with the property owned, installed or maintained by a customer or leased 10 by a customer from a third party; and (c) limiting the liability of the 11 company for any damages resulting from the negligence of the company in 12 connection with the supplying or use of electricity or gas or from the 13 presence or operation of the company's structures, equipment, wires, 14 pipes, appliances or devices on the consumer's premises. 15 11-b. Have power in all parts of the state, either as a commission or 16 through its members, or through an officer or employee specifically 17 authorized to consider regulatory conduct of every gas corporation, 18 electric corporation and gas and electric corporation, where necessary, 19 to (a) investigate that a regulatory failure occurred despite the exer- 20 cise of ordinary business care and prudence and to conduct a hearing or 21 proceeding to subpoena witnesses, take testimony and administer oaths to 22 witnesses in any proceeding or examination instituted before it, or 23 conducted by it in reference to such matter within its jurisdiction; and 24 (b) allow such commission to award damages resulting from such failure 25 to persons thereby affected in the community. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04462-01-7A. 997 2 1 § 2. This act shall take effect on the one hundred eightieth day after 2 it shall have become a law. Effective immediately, the addition, amend- 3 ment and/or repeal of any rule or regulation necessary for the implemen- 4 tation of this act on its effective date are authorized to be made by 5 the public service commission on or before such effective date.