Public Service Commission Asks Administrative Law Judge to Issue a Recommended Decision in Central Hudson Merger

April 26, 2013

Albany, NY – Assemblymember Kevin Cahill (D – Ulster, Dutchess) announced today that two Administrative Law Judges will publicly issue a non-binding Recommended Decision (RD) to the Public Service Commission (PSC) concerning the proposed acquisition of Central Hudson by Fortis, Inc. No timeline has been set for possible hearings before the Judges issue the RD or for when it will be released. This significant step allows groups and individuals to write their own briefs arguing either for or against the RD to the PSC before they issue their final decision. Moreover, the RD itself will provide the interested parties with more answers on the PSC’s thought process than a simple final ruling would.

“When the system works on behalf of the average citizen, I consider it a victory. Residents, local governments and small business owners voiced their opinions throughout this process. A vast majority of them oppose the acquisition as proposed. I applaud Acting Secretary of the PSC, Jeffrey Cohen, for issuing a directive for a publicized RD by the expert Administrative Law Judges, which gives further opportunity for public comment and participation, before the matter is finally considered by the PSC,” Cahill said.

“Although this action will not bind the PSC to agree on its findings, this recent notice is a significant success for those who want more attention to be paid to this case. However, our work is not done until we receive net substantial public benefits incorporated into the agreement, increased protection of utility jobs, and better rate plan protection or the acquisition is rejected. I will continue to advocate for an evidentiary hearing to take place so representations by Fortis and Central Hudson are verified and sworn under penalty of perjury,” said Cahill.

The notice comes after a thirty day extension of the public comment period requested by Assemblymember Cahill and a series of public statement hearings regarding this subject. At the proceedings, which did not involve the presence or questioning either Fortis or Central Hudson, Cahill and many other community advocates charged that the Fortis agreement did not include enough benefits, including Community Benefit Funding, did not do enough to stabilize rates, ran the risk of having state regulation be thwarted by NAFTA and did little to assure the protection and continuation of a skilled, professional workforce.”

“The role of the PSC has always been an important and substantial one in regard to maintaining our grid,” said Cahill. “Unfortunately, in recent years consumer advocacy groups have been decimated by budget cuts or reduced funding streams. Customers need the PSC now more than ever to stand up for the public good. Their obligation must be to every ratepayer, not just to Fortis’ shareholders.”

The public comment period remains open and Assemblymember Cahill urges consumers to weigh in with the PSC. Comments can be sent to Empire State Plaza, Agency Building 3, Albany, New York 12223-1350 or emailed to Hon. Jeffrey C. Cohen, Acting Secretary, at secretary@dps.ny.gov. Comments should refer to "Case 12-M-0192 – Central Hudson/Fortis Merger.” Comments can also be posted directly online at http://documents.dps.ny.gov/public/MatterManagement/CaseMaster.aspx?MatterCaseNo=12-M-0192 All comments should be submitted no later than May 1, 2013.

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