Amd §§4, 20, 64, 89-p & 90, add §28, Pub Serv L; amd §307, St Ad Proc Act
 
Relates to the membership of the public service commission and clarifies the mandatory time frame within which the public service commission must act upon petitions submitted by regulated entities and citizenry.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9768A
SPONSOR: Brennan
 
TITLE OF BILL: An act to amend the public service law and the state
administrative procedure act, in relation to the membership of the
public service commission and in relation to clarifying the mandatory
time frames within which the public service commission must act upon
petitions submitted by regulated entities and the citizenry
 
PURPOSE OR GENERAL IDEA OF BILL:
To restructure the membership of the PSC, to require the PSC to take
action on petitions and complaints in a timely manner, to prohibit the
PSC from allowing ex parte communications, and to prohibit the PSC from
waiving or reducing compliance with statutory mandates.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill amends the public service law relating to
appointments to the PSC by adding four voting members and two non-voting
members, as follows:
*One voting member each upon the recommendation of the state attorney
general and state comptroller;
*One voting member appointed by the Speaker of the Assembly and one
appointed by the majority leader of the Senate;
*One non-voting member each appointed by the minority leaders of the
Assembly and the Senate.
The section also sets forth basic qualifications for membership, such as
board experience in the areas of regulation of utilities, and consumer
protection and advocacy. At least one of the Governor's appointees must
represent the consumer or the public interest
Section two requires the PSC to establish rules relating to ex parte
communications.
Section three adds a new section 28 to the public service law to achieve
the following:
*requires the PSC to investigate and complete action on any petition or
complaint filed by a utility customer 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;
*requires the PSC to issue an annual report on its handling of petitions
and complaints filed during the reporting year; and
*allows an aggrieved party to commence an Art. 78 proceeding against the
PSC for failure to comply with the statutory timeframes.
Sections four, five and six would prohibit the PSC from waiving or
reducing compliance with the requirements set forth in the Public
Service law.
Section seven repeals the provision contained in the State administra-
tive procedure act allowing ex parte communications in matters involving
public utilities and carriers.
Section eight 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 nine sets forth the severability clause.
Section ten states that the act shall take effect immediately
 
JUSTIFICATION:
The law establishing a five-member statewide public service commission
was originally enacted in 1921, at a time of telegraph companies and the
advent of telephone service and radios. The utility and telecommuni-
cations landscape has changed dramatically since then.
With the commission being asked to investigate and consider more issues,
and as its jurisdiction continues to expand, there is a compelling need
to increase the number of commissioners to ensure a broad representation
of customers, service providers and other interested parties; and of the
different geographic areas and diverse communities of the state.
After a series of public hearings, the Assembly Committee on Corpo-
rations, Authorities and Commissions discovered that the PSC had inade-
quately addressed petitions filed with it. Petitions filed by citizens
have been open for several years or the commission has not taken any
action on the petition.
The PSC has a responsibility to quickly address petitions filed by
customers or other interested groups to make sure the utilities it regu-
lates operate in the public interest. This bill would also require the
PSC to establish times frames for the PSC to complete action on future
petitions and complaints, and to address its backlog of petitions, if
any.
This bill would prohibit the PSC from waiving or reducing compliance
with the statutory provisions of the public service law relating to gas,
electric water-works, telegraph or telephone corporations. The bill
would also limit the use of ex parte communications by the PSC in
certain proceedings.
 
PRIOR LEGISLATIVE HISTORY:
Section one of the bill was introduced as a separate bill (A.7300-A,
2015-16, referred Corporations, Authorities and Commissions).
Sections three and eight were contained in A.3189-B/S.7198 (2014; Assem-
bly, 3rd reading) Sections two, four, five, six and seven are new.
 
FISCAL IMPLICATIONS:
Minimal.
 
EFFECTIVE DATE:
Immediately