Prohibits public service commission from granting fuel-related increase in rate or charges which would increase total revenues of utility by no more than the greater of $100,000 or two and one-half percent without public hearings at which the utility must show that the increase is necessary and that the fuel was purchased at the best possible rate; defines "fuel-related increase in rate or charges".
STATE OF NEW YORK
________________________________________________________________________
8057
2011-2012 Regular Sessions
IN ASSEMBLY
May 27, 2011
___________
Introduced by M. of A. THIELE, GIGLIO -- Multi-Sponsored by -- M. of A.
SPANO -- read once and referred to the Committee on Energy
AN ACT to amend the public service law, in relation to increases in
rates or charges for fuel costs
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 a
2 new subdivision 12-e to read as follows:
3 12-e. Notwithstanding any other provision of law, the commission shall
4 not allow any fuel-related increase in the rate or charges which would
5 increase the total revenues of the applicant with more than the greater
6 of one hundred thousand dollars or two and one-half percent without
7 hearings held upon notice to the public. As used in this subdivision any
8 "fuel-related increase in the rate or charges" shall mean any single
9 increase or any combination of increases in the aggregate relating to
10 the rate, charge or service filed by a utility within the prior twelve
11 month period arising from any change in the fuel costs of natural gas,
12 oil, coal, kerosene, or petroleum distillate or nuclear fuel or any
13 adjustment to recover the expenses incurred to replace electric or gas
14 service lost or unavailable due to an unscheduled outage or disability
15 of an electric or gas facility. At the public hearing the utility shall
16 have the burden of proving the increase is justified and that fuel was
17 purchased at the lowest possible cost. The commission shall establish
18 and promulgate such rules and regulations to effectuate this subdivision
19 as it may deem necessary, and may modify or amend such rules and regu-
20 lations from time to time.
21 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11677-01-1
