September 11, 2024
Vol. XLVIIssue 37

DEPARTMENT OF STATEDivision of Administrative Rules

NEW YORK STATEREGISTER

INSIDE THIS ISSUE:

D Sanitary Condition of Shellfish Lands
D Preclearance Under the John R. Lewis Voting Rights Act of New York (‘‘NYVRA’’)
D Procurement Guidelines of the Niagara Frontier Transportation Authority and Niagara
Frontier Transit Metro System, Inc.
Executive Orders
The last date for submission of public comments is indicated on each Notice of Proposed Rule Making. Unless a
different date is specified by statute, the proposing agency must accept comments for at least: 60 days after the date ofRegister publication of a Notice of Proposed Rule Making or combined Notice of Emergency Adoption and Proposed
Rule Making; and 45 days after publication of a Notice of Revised Rule Making or combined Notice of Emergency
Adoption and Revised Rule Making. When a public hearing on a proposed rule is statutorily required: the hearing
may not be held until at least 60 days after the publication date of the notice; and comments must be accepted for atleast 5 days after the last required hearing. When a public comment period for a proposed rule is scheduled to end on
a Saturday, Sunday or public holiday, comments are accepted through the next succeeding business day.
For notices published in this issue:– the 60-day period expires on November 10, 2024
– the 45-day period expires on October 26, 2024
– the 30-day period expires on October 11, 2024

KATHY HOCHUL
GOVERNORWALTER T. MOSLEY
SECRETARY OF STATENEW YORK STATE DEPARTMENT OF STATE

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NEW YORK STATEREGISTER
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New York State Register
KEY:

September 11, 2024/Volume XLVI, Issue 37(P) Proposal; (RP) Revised Proposal; (E) Emergency; (EP) Emergency and Proposal; (A) Adoption; (AA) Amended Adoption; (W)Withdrawal

Public comment may be sent via electronic mail to e-mail addresses that may appear in Notices of Proposed Rule
Making. This includes Proposed, Emergency/Proposed, Revised Proposed and Emergency/Revised Proposed rulemakings.

Rule Making Activities
Environmental Conservation, Department of
1 / Sanitary Condition of Shellfish Lands (E)Law, Department of
4 / Preclearance Under the John R. Lewis Voting Rights Act of New York (NYVRA) (A)Niagara Frontier Transportation Authority
7 / Procurement Guidelines of the Niagara Frontier Transportation Authority and Niagara Frontier Transit Metro System, Inc. (A)Public Service Commission
7 / Submetering of Electricity (A)7 / Submetering of Electricity and Waiver Request (A)8 / Submetering of Electricity (A)8 / Submetering of Electricity and Waiver Request (A)8 / Submetering of Electricity (A)9 / Electric Metering Equipment (A)9 / Proposed Transfer of Water Company Assets (P)9 / Brooklyn Clean Energy Hub Expansion and Cost Recovery (P)10 / Increased Funding for Energy Efficiency Programs (P)Triborough Bridge and Tunnel Authority
10 / Toll Violation Administrative Fees with Respect to TBTA Facilities and Congestion Pricing Central
Business District (A)Hearings Scheduled for Proposed Rule Makings / 11
Action Pending Index / 13
Advertisements for Bidders/Contractors
69 / Sealed Bids
Miscellaneous Notices/Hearings
73 / Notice of Abandoned Property Received by the State Comptroller
73 / Public Notice
Executive Orders
77 / Executive Order No. 37.1: Declaration of a Disaster Emergency in the State of New York77 / Executive Order No. 38: Declaring a Disaster Emergency in the State of New YorkRULE MAKINGACTIVITIESEach rule making is identified by an I.D. No., which consistsof 13 characters. For example, the I.D. No. AAM-01-9600001-E indicates the following:
AAM-the abbreviation to identify the adopting agency
01-the State Register issue number
96-the year
00001-the Department of State number, assigned uponreceipt of notice.
E-Emergency Rule Making—permanent action
not intended (This character could also be: A
for Adoption; P for Proposed Rule Making; RP
for Revised Rule Making; EP for a combined
Emergency and Proposed Rule Making; EA for
an Emergency Rule Making that is permanentand does not expire 90 days after filing.)
Italics contained in text denote new material. Brackets
indicate material to be deleted.

Department of Environmental
Conservation
EMERGENCY
RULE MAKING
Sanitary Condition of Shellfish Lands
I.D. No. ENV-25-24-00001-E
Filing No. 712
Filing Date: 2024-08-23
Effective Date: 2024-08-23
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken: Amendment of Part 41 of Title 6 NYCRR.
Statutory authority: Environmental Conservation Law, sections 11-0303,
13-0307 and 13-0319
Finding of necessity for emergency rule: Preservation of public healthand general welfare.
Specific reasons underlying the finding of necessity: The promulgationof this regulation on an emergency basis is necessary to protect publichealth and general welfare. Shellfish are filter feeders that consume
plankton, other minute organisms, and particulate matter found in the water column. Shellfish are capable of accumulating pathogenic bacteria,
viruses, and toxic substances within their bodies. Consequently, closuresof shellfish lands that do not meet water quality standards are essential forthe preservation of the public health.
Recent evaluations of current water quality data indicate that thebacteriological standards for certain certified shellfish lands are not being
met in the affected areas, and an increased risk of illness exists for shell-fish distributors, restaurants, and consumers. As a result, several shellfish
growing areas require reclassification as year-round uncertified and/or
seasonally uncertified.
These regulations also protect the shellfish industry. Commercial shellfish harvesters and seafood wholesalers, retailers, and restaurants areadversely affected by public reaction to instances of shellfish related
illness. By prohibiting the harvest of shellfish from lands that fail to meetthe sanitary criteria, these regulations can ensure that only wholesome
shellfish are allowed to be sold to the shellfish consumer.
In addition, the introduction of 6 NYCRR Part 41 is being amended tomodify the methods for the distribution of notices of classification
changes. Technical changes are also needed to amend 6 NYCRR Part 41
to update and clarify descriptions of shellfish growing areas to improvereadability of the regulations. Failure to accurately and clearly describe affected shellfish lands may result in shellfish being consumed from areas
not fit for harvesting, presenting a threat to human health. If the Department of Environmental Conservation does not adopt this rulemaking on an
emergency basis, areas that do not meet bacteriological standards willremain open for harvest, and the consumption of potentially harmful shellfish is foreseeable.
The management measures specified in this Notice of Emergency Adoption are already in effect. The department originally submitted a Notice ofEmergency Adoption and Proposed Rule Making to the Department ofState on May 29, 2024, and the new regulations became effective that day.
The public comment period for this rule ends on August 19, 2024. In order
to be promulgated on time, the Notice of Adoption would have had to be
filed on August 5, 2024, to allow 15 days to be published in the State Register before the original emergency adoption expired. Since the publiccomment period ends after this date, it is not possible to file the Notice of
Adoption prior to the emergency rule’s expiration on August 26, 2024.
This amendment is necessary for the State to maintain the current regulations and remain in compliance with ASMFC until a Notice of Adoption,
already in progress, can be published and adopted.
Subject: Sanitary Condition of Shellfish Lands.
Purpose: To reclassify underwater shellfish lands to protect public healthand general welfare.
Text of emergency rule: Section 41.0. Introduction is amended to read as
follows:
The following is a statement of sanitary condition of shellfish lands in
New York State. Notice of changes in classification will be posted online
at https://dec.ny.gov/regulatory/regulations/proposed-emergencyrecently-adopted-regulations and sent to [baymen] holders of a New YorkState shellfish diggers permit by electronic communication or by mail as
and when they may occur.
Clauses 41.3(b)(1)(i)(‘f’) through 41.3(b)(1)(i)(‘g’) are renumbered
41.3(b)(1)(i)(‘g’) through 41.3(b)(1)(i)(‘h’).
A new clause 41.3(b)(1)(i)(‘f’) is adopted to read as follows:(‘f’) During the period January 1 through December 31, bothdates inclusive, all that area of Great South Bay and the “Lead” (localname) lying within 50-feet of the docking structures at the Oak Island
Marina (local name, local landmark).
Clauses 41.3(b)(3)(iii)(‘a’) through 41.3(b)(3)(iii)(‘g’) are renumbered
41.3(b)(3)(iii)(‘b’) through 41.3(b)(3)(iii)(‘h’).
A new clause 41.3(b)(3)(iii)(‘a’) is adopted to read as follows:(‘a’) During the period January 1 through December 31, bothdates inclusive, all of the Peat Hole (local name, local landmark) locatedbetween Peathole Lane and Rogers Avenue in Bellport, and any outlet
channel to Bellport Bay.
Clause 41.3(b)(3)(iv)(‘d’) is amended to read as follows:(‘d’) During the period [April 15 to] May 1 through December
31, both dates inclusive, all that area of Narrow Bay and its tributaries lying easterly of a line extending southerly from the westernmost point of
the landward side of the public fishing dock located at the foot of
Cranberry Drive, Mastic Beach (local landmark) to a monument located1

Rule Making Activities
on the opposite southern shoreline (local landmark); and, westerly of aline extending southerly from the southeasternmost corner of the property
at 39 Washington Drive, Mastic Beach (said corner is the northwesternmost
edge of the intersection of Washington Drive and Riviera Drive in Mastic
Beach) to a monument on the opposite southern shoreline (local landmark).
Clause 41.3(b)(3)(v)(‘e’) is amended to read as follows:(‘e’) Great Gun Beach. During the period May 1 throughOctober 31, both dates inclusive, all that area lying within 500 feet fromany portion of the bulkheading and fixed [or floating] dock structures at
Great Gun Beach Marina (Town of Brookhaven), and all of the adjacentunnamed cove lying south of a line extending due west from the westernmost corner of the bulkheading of said marina.
A new clause 41.3(b)(4)(i)(‘e’) is adopted to read as follows:(‘e’) Westhampton Beach. During the period May 1 throughOctober 31, both dates inclusive, all that area of the Baypointe Yacht Clubboat basin (538 Dune Road, Westhampton), and all that area within 100feet of the entrance to the boat basin.
Subclause 41.3(b)(4)(iii)(‘b’)(‘5’) is renumbered subclause
41.3(b)(4)(iii)(‘b’)(‘6’)
A new subclause 41.3(b)(4)(iii)(‘b’)(‘5’) is adopted to read as follows:(‘5’) During the period May 1 through October 31, both dates
inclusive, all that area within 100-feet of the westernmost piling of themarina dock at Tiana Bay Estates and Yacht Club at 50 Rampasture Road,
Westhampton.
Clause 41.3(b)(4)(xvi) is amended to read as follows:(xvi) Mill Creek. During the period [April 1 through December
14,] May 1 through November 30, both dates inclusive, all that area Mill
[Creek. Special note: Mill Creek is] Creek, a tributary of Noyack Bay.
Subparagraph 41.3(b)(5)(ix) is amended to read as follows.
(ix) Napeague Harbor. [During the period May 1 through October
31, both dates inclusive, all that area of Napeague Harbor and its tributaries lying west of a line extending northwesterly from LIPA telephone pole
number 14 on Napeague Meadow Road (said telephone pole has an osprey
platform on top) to the southeasternmost point of land on the western sideof the outlet creek of Napeague Pond (said creek outlet is southwest of
Shore Drive West).]A new clause 41.3(b)(5)(ix)(‘a’) is adopted to read as follows:(‘a’) During the period of May 1 through October 31, both dates
inclusive, all that area of Napeague Harbor lying northerly of a line (70degrees True) extending northeasterly from a monument located on thesoutheastern shoreline of Hicks Island to a monument located on theeastern shoreline of Napeague Harbor at 41°01’09"N, 72°02’54"W.
A new clause 41.3(b)(5)(ix)(‘b’) is adopted to read as follows:(‘b’) During the period May 1 through October 31, both dates
inclusive, all that area of Napeague Harbor and its tributaries lying westof a line extending northwesterly from LIPA telephone pole number 14 on
Napeague Meadow Road (said telephone pole has an osprey platform ontop) to the southeasternmost point of land on the western side of the outlet
creek of Napeague Pond (said creek outlet is southwest of Shore DriveWest).
Subparagraph 41.3(b)(7)(i) is amended to read as follows:(i) Long Island Sound [All that area lying within a one-half mileradius of the sewer outfall located at Latitude 41° 6’ 33’’ N. and Longitude
72° 23’ 14’’ W. and serving the Greenport Sewage Treatment Plant. Said
outfall is located 500 feet offshore of the westernmost rock jetty on the
Village of Greenport property southwest of Inlet Point and approximately
500 feet easterly of the shoal marked ‘‘Parker Rock’’ on N.O.A.A. Nautical Chart No. 12358, 23rd Ed., Apr. 2019.]
A new clause 41.3(b)(7)(i)(‘a’) is adopted to read as follows:(‘a’) During the period May 1 through October 31, both dates
inclusive, all that area of Long Island Sound lying within a 250-yard radiusfrom the northernmost point of the western jetty at the entrance to Mattituck Creek.
A new clause 41.3(b)(7)(i)(‘b’) is adopted to read as follows:(‘b’) During the period May 1 through October 31, both dates
inclusive, all that area of Long Island Sound lying within a 250-yard radiusof the southeasternmost point of the rock jetty at Goldsmith’s Inlet Beach.
A new clause 41.3(b)(7)(i)(‘c’) is adopted to read as follows:(‘c’) All that area lying within a one-half mile radius of thesewer outfall located at Latitude 41° 6’ 33’’ N. and Longitude 72° 23’ 14’’
W. and serving the Greenport Sewage Treatment Plant. Said outfall is located 500 feet offshore of the westernmost rock jetty on the Village ofGreenport property southwest of Inlet Point and approximately 500 feeteasterly of the shoal marked ‘‘Parker Rock’’ on N.O.A.A. Nautical Chart
No. 12358, 23rd Ed., Apr. 2019.
A new clause 41.3(b)(7)(v)(‘e’) is adopted to read as follows:(‘e’) Cleaves Point. During the period May 1 through October
31, both dates inclusive, all that area of Shelter Island Sound lying within
100 yards of the shoreline between a line extending due South (180 degreesTrue) from the southwesternmost corner of the beach club deck at the2

NYS Register/September 11, 2024
terminus of Maple Lane (Greenport) and a line extending due South (180degrees True) from the southwesternmost point of the rock revetment at
2820 Shipyard Lane (East Marion).
Clause 41.3(b)(7)(vi)(‘a’) is amended to read as follows:(‘a’) West Harbor and Pirates Cove. During the period May 1
through [September 30,] October 31, both dates inclusive, all that area ofWest Harbor and Pirates Cove lying southerly of a line extending
southeasterly from the easternmost point of land at Hawks Nest Point to a
flagpole located on the eastern shore of West Harbor on the property of
Grey Gulls Estate, also known as the DuPont House (local name, local
landmark). Said flagpole is situated between the shoreline and theresidence.
Clause 41.3(b)(7)(xv)(‘a’) is amended to read as follows:(‘a’) Richmond Creek. During the period May 1 throughOctober 31, both dates inclusive, Richmond Creek [lying west of a line
extending north from] and all that area of Little Peconic Bay lying within
100 yards of the easternmost point of land at the south side of the [mouthof] inlet to Richmond [Creek to the opposite shore.] Creek.
Subparagraph 41.3(b)(7)(xvi) is amended to read as follows:(xvi) Pipes Cove. [All that area of] During the period May 1
through October 31, both dates inclusive, the unnamed creek northwest of
Fanning Point and east of Silvermere Road, Southold, and all that area ofPipes Cove within 100 feet of the southernmost point of the easternbulkhead [within the mouth of] at the inlet to the unnamed creek.
Clause 41.3(b)(9)(i)(‘e’) is amended to read as follows:(‘e’) During the period May 1 through October 31, both dates
inclusive, all that area of Port Jefferson Harbor, the Narrows and Conscience Bay, including tributaries, lying westerly of a line extending due
North (0 degrees true) from the [southwestern corner of the fixed dock]northernmost point of the staircase serving the residence at [23] 37
Brewster [Lane, Strongs Neck (also known as Spy Coast Farm),] Lane
East, East Setauket, to the orange monument on the southern shoreline of
the Old Field Beach peninsula (local names, local landmarks).
Clauses 41.3(b)(10)(i)(‘d’) through 41.3(b)(10)(i)(‘e’) are repealed.
Clauses 41.3(b)(10)(i)(‘a’) through 41.3(b)(10)(‘b’) are renumbered
41.3(b)(10)(i)(‘d’) through 41.3(b)(10)(i)(‘e’).
A new clause 41.3(b)(10)(i)(‘a’) is adopted to read as follows:(‘a’) Northport Basin. During the period January 1 throughDecember 31, both dates inclusive, all that area of Northport Basin andthe canal serving the Northport Power Station (local name, local
landmark); and all that area of Smithtown Bay within 700-yards of thenorthernmost point of the rock jetty on the east side of Northport Basin.
A new clause 41.3(b)(10)(i)(‘b’) is adopted to read as follows:(‘b’) Crab Meadow Creek. During the period January 1 throughDecember 31, both dates inclusive, all that area of Crab Meadow Creek inits entirety; and all that area of Smithtown Bay located within 500-yardsof the northernmost point of the western jetty at the mouth of Crab
Meadow Creek.
Clause 41.3(b)(11)(i)(‘a’) is repealed.
Clause 41.3(b)(11)(i)(‘c’) is renumbered 41.3(b)(11)(i)(‘a’).
A new clause 41.3(b)(11)(i)(‘c’) is adopted to read as follows:(‘c’) Fresh Pond. During the period January 1 through December 31, both dates inclusive, all that area of Fresh Pond and its outlet
channel to Smithtown Bay in their entirety.
A new clause 41.3(b)(11)(vii)(‘d’) is adopted to read as follows:(‘d’) During the period May 1 through October 31, both dates
inclusive, all that area of Cold Spring Harbor within 150 yards of thesouthernmost point of the rock jetty immediately west of 255 Jennings
Road, Cold Spring Harbor.
This notice is intended to serve only as a notice of emergency adoption.
This agency intends to adopt the provisions of this emergency rule as apermanent rule, having previously submitted to the Department of State a
notice of proposed rule making, I.D. No. ENV-25-24-00001-EP, Issue ofJune 18, 2024. The emergency rule will expire October 21, 2024.
Text of rule and any required statements and analyses may be obtained
from: Alyssa Cassar, NYS Department of Environmental Conservation,
123 Kings Park Boulevard (Nissequogue River State Park), Kings Park,
New York 11754, (631) 240-2768, email: Alyssa.Cassar@dec.ny.gov
Additional matter required by statute: The Department has determinedthat the Notice of Emergency Adoption is a Type II action and no further
review is required pursuant to Article 8 of the ECL, the State Environmental Quality Review Act.
Regulatory Impact Statement
1. Statutory authority:
Environmental Conservation Law (ECL) § 11-0303 authorizes the New
York State Department of Environmental Conservation (department) toregulate the fish and wildlife of New York State. ECL § 13-0307 requires
the department to periodically examine all shellfish lands within themarine district to ascertain the sanitary condition of such areas. ECL § 13-

NYS Register/September 11, 2024
0307 further requires the department to certify which shellfish lands are insuch sanitary condition that shellfish may be taken for use as food. Suchlands must be designated as certified shellfish lands, and all other shellfish
lands as uncertified shellfish lands. 13-0319 authorizes the department topromulgate regulations concerning the harvest of shellfish.
2. Legislative objectives:
The purposes of the above cited legislations are: (1) to ensure that shellfish lands are appropriately classified, and (2) to protect public health by
preventing the harvest and consumption of shellfish from lands that do notmeet minimum standards for certification.
3. Needs and benefits:
This rulemaking is necessary to preserve the public health and the general welfare, and it is further necessary to comply with ECL § 13-0307.
The proposed amendments reflect the findings of surveys conducted bydepartment staff for shellfish growing areas (SGAs) in the marine district.
These surveys are the result of the regular collection and bacteriologicalexamination of water samples to monitor the sanitary condition of SGAs.
Prior to proposing this rule, department staff examined shellfish lands anddetermined which shellfish lands met the sanitary criteria for a certified
shellfish land.
Shellfish are filter feeders that consume plankton, other minute organisms, and particulate matter found in the water column. Shellfish arecapable of accumulating pathogenic bacteria, viruses, and toxic substances
within their bodies. Consequently, closing shellfish lands that do not meetwater quality standards is essential for the preservation of public health.
Recent evaluations of current water quality data indicate that thebacteriological standards for certain certified shellfish lands are not being
met in the affected areas, and an increased risk of illness exists for shellfish distributors, restaurants, and consumers. As a result, several SGAs
require reclassification as year-round uncertified and/or seasonally uncertified to protect public health. These regulations also protect the shellfish
industry. Commercial shellfish harvesters and seafood wholesalers, retailers, and restaurants are adversely affected by public reaction to instancesof shellfish related illness. By prohibiting the harvest of shellfish fromlands that fail to meet the sanitary criteria, these regulations can ensurethat only wholesome shellfish are allowed to be sold to the shellfish
consumer.
In addition, the proposed rule modifies the methods for the distributionof notices of classification changes to shellfish diggers permit holders andincludes changes to certain shellfish growing area descriptions to ensurethat the regulatory description of such areas match their current physicalappearance. These changes will improve readability of the regulations andaid harvesters and law enforcement officials in determining which areas
are uncertified for the harvest of shellfish.
4. Costs:
There will be no costs to state or local governments. There will be nocost to the department. Administration and enforcement of the proposed
amendment would be covered by existing programs.
No direct costs will be incurred by regulated commercial shellfish
harvesters in the form of initial capital investment or initial non-capital expenses, in order to comply with these proposed regulations. The proposed
rule may result in loss of income to shellfish harvesters; however, thedepartment cannot provide an accurate estimate of this potential change inincome when areas are classified as uncertified, due to a number ofvariables that are associated with commercial shellfish harvesting; nor can
the potential benefits be estimated when areas are reopened. In 2023, there
were 1,311 licensed shellfish diggers in New York State. The actual
number of those individuals who harvest shellfish commercially fulltime
is not known. Recreational harvesters who wish to harvest more than thedaily recreational limit of 100 hard clams, with no intent to sell their catch,
can only do so by purchasing a New York State digger’s permit. The
number of individuals who hold shellfish digger’s permits for that type ofrecreational harvest is unknown. The department’s records do not differentiate between fulltime and parttime commercial or recreational shellfish harvesters.
The number of harvesters in a particular area is dependent upon theseason, the amount of shellfish resource in the area, the price of shellfish
and other economic factors, unrelated to the department’s proposed regulatory action. When a particular area is classified as uncertified, harvesters
can shift their efforts to other certified areas.
5. Local government mandates:
The proposed rule does not impose any mandates on local government.
6. Paperwork:
Regulated parties are not expected to experience an increase inpaperwork as a result of the proposed regulations.
7. Duplication:
The proposed amendment does not duplicate any state or federal
requirement.
8. Alternatives:
There are no acceptable alternatives. ECL § 13-0307 mandates that

Rule Making Activities
when the department has determined that a shellfish land meets the sanitary
criteria for certified shellfish lands, the department must designate the landas certified and open to shellfish harvesting. All other shellfish lands must
be designated as uncertified and closed to shellfish harvesting. These actions are necessary to protect public health. Furthermore, failure to comply
with the National Shellfish Sanitation Program (NSSP) guidelines, including requirements related to certification of shellfish lands, could result in aban on New York State shellfish in interstate commerce and would cause
unnecessary economic hardship to the commercial harvesting industry.
9. Federal standards:
There are no federal standards regarding the certification of shellfish
lands. New York and other shellfish producing and shipping states participate in the NSSP which provides guidelines intended to promote uniformity in shellfish sanitation standards among members. The NSSP is a cooperative program consisting of the federal government, states, and theshellfish industry. Participation in the NSSP is voluntary, but participatingstates agree to follow NSSP water quality standards. Each state adopts its
own regulations to implement a shellfish sanitation program consistent
with the NSSP. The U.S. Food and Drug Administration (FDA) evaluatesstate programs and standards relative to NSSP guidelines. Substantial nonconformity with NSSP guidelines can result in sanctions being taken by
the FDA, including removal of the state’s shellfish shippers from the Interstate Certified Shellfish Shippers List. This effectively bars a state’s shellfish products from interstate commerce.
10. Compliance schedule:
Immediate compliance with any regulation designating shellfish lands
as uncertified is necessary to protect public health. Shellfish harvesters arenotified of changes in the classification of shellfish lands either prior to, or
concurrent with, the adoption of new regulations. Regulated parties will
be notified of the changes to the regulations through publication in theState Register, appropriate news releases, through the department’s
website, and by email.
Regulatory Flexibility Analysis
1. Effect of rule:This rulemaking recertifies certain shellfish lands as uncertified orseasonally uncertified. Any change in the designation of shellfish lands
may affect shellfish diggers. In 2023, there were 1,311 licensed shellfish
diggers in New York State. The numbers of permits issued for areas in theState for 2023 are as follows: Town of Babylon, 42; Town of Brookhaven,259; Town of East Hampton, 186; Town of Hempstead, 95; Town ofHuntington, 95; Town of Islip, 101; Town of North Hempstead, 8; Townof Oyster Bay, 63; Town of Riverhead, 45; Town of Shelter Island, 33;
Town of Smithtown, 23; Town of Southampton, 139; Town of Southold,162; New York City, 50; and Other, 10.
Each time shellfish lands, or portions of shellfish lands, are designatedas uncertified, there may be some loss of income for shellfish diggers whoare harvesting shellfish from the lands to be closed. This loss may be
determined by the acreage to be closed, the type of closure (whether yearround or seasonal), the species of shellfish present in the area, the area’s
productivity, and the market value of the shellfish resource in the particular area.
When uncertified shellfish lands are found to meet the department’s
sanitary criteria and are designated by the department as certified, there isa benefit to shellfish diggers. More shellfish lands are made available forthe harvest of shellfish, and there is a potential for an increase in income
for shellfish diggers. The effect of the re-opening of a harvesting area isdetermined by the shellfish species present, the area’s productivity, andthe market value of the shellfish resource in the area.
Local governments on Long Island exercise management authority andshare law enforcement responsibility for shellfish with the State and Suffolk County. These include the towns of Babylon, Brookhaven, Southampton, East Hampton, Southold, Smithtown, and Huntington in Suffolk
County. Changes in the classification of shellfish lands impose no additional requirements on local governments above the level of management and enforcement that they currently perform; therefore, the Department expects that there will be no effect on local governments.
In addition to recertifying certain shellfish lands, the proposed rule
modifies the methods for the distribution of notices of classification
changes to shellfish diggers permit holders and includes changes to theshellfish growing area descriptions to ensure that the regulatory descriptions match the current physical appearance of such areas. These changes
will improve readability of the regulations and aid harvesters and law
enforcement officials in determining which areas are uncertified for the
harvest of shellfish.
2. Compliance requirements:
The proposed regulation would not require reporting or recordkeeping
requirements for small businesses or local governments.
3. Professional services:
Small businesses and local governments would not require any professional services to comply with the proposed regulation.

3

Rule Making Activities
4. Compliance costs:
The proposed rule would not require capital costs be incurred by small
businesses or local governments.
5. Economic and technological feasibility:
There are no reporting, recordkeeping, or affirmative actions that small
businesses or local governments must undertake to comply with theproposed rule. Similarly, small businesses and local governments would
not have to retain any professional services or incur any capital costs tocomply with the proposed rule. As a result, it should be economically andtechnically feasible for small businesses and local governments to comply
with this regulation.
6. Minimizing adverse impact:
No adverse impacts on local governments are anticipated from the
proposed rule. The designation of shellfish lands as uncertified may havean adverse impact on commercial shellfish diggers. All diggers in thetowns affected by proposed closures will be notified by mail of thedesignation of shellfish lands as uncertified prior to, or concurrent with thedate the closures go into effect. To minimize any adverse impacts ofproposed closures, shellfish lands which fail to meet the sanitary criteria
during specific months of the year are designated as uncertified only during those months. In addition, towns may request that uncertified shellfish
lands be considered for conditionally certified designation or for a shellfish transplant project.
7. Small business and local government participation:
Impending shellfish closures are discussed at Shellfish Advisory Committee meetings, when scheduled. This committee, organized by thedepartment, is comprised of representatives of local baymen’s associations, shellfish shippers, and local town officials. Through their representatives, shellfish harvesters and shippers can provide input to the department
concerning shellfish land classification. Local governments, state legislators, and baymen’s organizations are notified and given the opportunity tocomment on any proposed rulemaking.
The department will notify the public of the proposed rule and comment period through the department’s Environmental Notice Bulletin, the“DEC Delivers” Shellfishing Newsletter, and the department’s website. In
addition, the department will send direct notice to holders of a shellfish
diggers permit.
8. For rules that either establish or modify a violation or penalties associated with a violation:
Pursuant to SAPA 202-b (1-a)(b), no such cure period is included in therule because of the adverse impact on the health of shellfish consumers.
Immediate compliance is required to ensure that public health and welfare
are protected.
9. Initial review of the rule, pursuant to SAPA § 207 as amended by L.
2012, ch. 462:
The department will conduct an initial review of the rule within three
years as required by SAPA § 207(1)(b).
Rural Area Flexibility Analysis
The Department of Environmental Conservation (department) has
determined that this rule will not impose an adverse impact on rural areas.
This rulemaking only affects the marine and coastal district of the State;
there are no rural areas within the marine and coastal district. The shellfish
fishery is entirely located within the marine and coastal district and is not
located adjacent to any rural areas of the State. The proposed rule will not
impose any reporting, record keeping, or other compliance requirements
on public or private entities in rural areas. Since no rural areas will be affected by the proposed amendments of 6 NYCRR Part 41, the department
has determined that a Rural Area Flexibility Analysis is not required.
Job Impact Statement
1. Nature of impact:
The proposed rule has the potential for both positive and negative
impacts on jobs related to shellfish harvesting. Typically, amendments thatreclassify areas as certified increase job opportunities, while amendments
to reclassify areas as uncertified limit harvesting opportunities. The extent
of any impact is determined by the acreage closed, the type of closure(year-round or seasonal), the area’s productivity, and the market value ofthe shellfish.
In general, any negative impacts resulting from the closures in thisrulemaking are likely small because the department’s actions to designate
areas as uncertified only affect a small portion of the shellfish lands in thestate. Commercial shellfish harvesters and seafood wholesalers, retailers,
and restaurants are adversely affected by public reaction to instances ofshellfish related illness. Negative impacts are also diminished in many instances by shellfish harvesters redirecting their efforts to adjacent certified
areas.
In contrast, designating an area as certified can have positive impacts
on harvesting opportunities. New certified areas can result in financial
benefits for commercial fisherman and increased opportunities forrecreational shellfish harvesters. Increasing the number of certified shell-

4

NYS Register/September 11, 2024
fish harvesting areas can provide a financial benefit due to the increased
availability of shellfish resources.
2. Categories and numbers affected:
The proposed rule would impact licensed commercial and recreationalshellfish diggers. Most harvesters are self-employed, but there are some
who work for companies with privately controlled shellfish lands or who
harvest surf clams or ocean quahogs in the Atlantic Ocean.
In 2023, there were 1,311 licensed shellfish diggers in New York State.
The numbers of permits issued for areas in the State for 2023 are as
follows: Town of Babylon, 42; Town of Brookhaven, 257; Town of East
Hampton, 187; Town of Hempstead, 95; Town of Huntington, 95; Town ofIslip, 101; Town of North Hempstead, 9; Town of Oyster Bay, 63; Town ofRiverhead, 45; Town of Shelter Island, 33; Town of Smithtown, 23; Town
of Southampton, 139; Town of Southold, 162; New York City, 40; andOther, 20. The department’s records do not differentiate between full-timeand part-time commercial or recreational shellfish harvesters.
3. Regions of adverse impact:
Any impact from the proposed rule would be limited to areas within or
adjacent to Suffolk County.
4. Minimizing adverse impact:
Shellfish lands are designated as uncertified to protect public health as
required by the Environmental Conservation Law. Some impact from the
proposed rule stemming from closing areas which do not meet the criteria
for certification is unavoidable.
To minimize the impact of closures of shellfish lands, the department
evaluates areas to determine whether they can be opened seasonally during periods of improved water quality. The department also operates
conditional harvesting programs at the request of, and in cooperation with,local governments. Conditional harvesting programs allow harvest in
uncertified areas under prescribed conditions, determined by studies, whenbacteriological water quality is acceptable. Additionally, the department
operates shellfish transplant harvesting programs which allow removal ofshellfish from closed areas for bacterial cleansing in certified areas.
Conditional harvesting and shellfish transplant programs increase harvesting opportunities by making shellfish resources in a closed area available
under controlled conditions.
5. Self-employment opportunities:
A large majority of shellfish harvesters in New York State are selfemployed. Rulemakings to change the classification of shellfish lands canhave an impact on self-employment opportunities. The impact is dependent on the size and productivity of the affected area and the availabilityof adjacent lands for shellfish harvesting.
6. Initial review of the rule, pursuant to SAPA § 207 as amended by L.
2012, ch. 462:
The department will conduct an initial review of the rule within three
years as required by SAPA § 207(1)(b).
Assessment of Public Comment
The agency received no public comment.

Department of Law
NOTICE OF ADOPTION
Preclearance Under the John R. Lewis Voting Rights Act of New
York (NYVRA)
I.D. No. LAW-24-24-00023-A
Filing No. 713
Filing Date: 2024-08-27
Effective Date: 2024-09-22
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken: Addition of Part 500 to Title 13 NYCRR.
Statutory authority: Election Law, sections 17-210 and 17-219
Subject: Preclearance under the John R. Lewis Voting Rights Act of New
York (NYVRA).
Purpose: Clarify elements of the NYVRA preclearance process; provide
guidance to regulated jurisdictions.
Substance of final rule: Since the NPRM was published, several technicaledits have been made to the rule at OAG’s own initiation for purposes ofclarity, consistency, and brevity. Because these changes do not materiallyalter the purpose, meaning, or effect of the rule and instead merely define

NYS Register/September 11, 2024
or clarify its text, they do not constitute substantial revisions. See N.Y.
A.P.A. Law §§ 102(9), 202(4-a). The changes are listed below. Additional
non-substantial changes, made in response to public comments received,
are detailed in the Assessment of Public Comment.
D Section 500.3 has been amended to state that the term “protectedclass” is defined as it is in the NYVRA. The previous section 500.3, relating to severability, has accordingly been renumbered to 500.4. Additionally, in sections 501.1(a)(2)(xi), 501.1(a)(3)(ii)(c), 501.1(a)(3)(iv), and501.1(a)(3)(v)(b), the phrases “race, color, or language-minority group”
and “race, color, and language-minority group” been replaced with“protected class” or “protected classes,” as the definition of the latter encompasses the former.
D In sections 500.2, 501.1(b)(1)(ii), 501.1(c)(2), and 501.1(c)(3)(iv)(b),references to the “Office of the Attorney General” or “OAG” have beencorrected to “Office of the New York State Attorney General.” In sections
501.1(b)(3)(i)(a) and 501.1(c)(11)(i), the abbreviation “OAG” has been
replaced with “CRB” (Civil Rights Bureau).
D Section 501.1(a)(1)(iv) has been deleted, because it was redundantwith section 501.1(a)(2)(xv). Sections 501.1(a)(1)(v) and (vi) have accordingly been renumbered to 501.1(a)(1)(iv) and (v), respectively.
D In section 501.1(a)(2)(iv)(a), the word “or” has been replaced by theword “and,” to clarify that submissions must include the name of theperson or body responsible for enacting a covered policy and the one
responsible for implementing the covered policy, if the two are different.
D In section 501.1(a)(2)(xv), the word “should” has been replaced by
the word “must.”
D In section 501.1(a)(3)(v)(b), the phrase “interested parties” has been
replaced by “members of the public” to avoid confusion with the term
“interested parties” as used in section 501.1(c)(11)(i), regarding notification of preclearance-related updates.
D In section 501.1(a)(3)(v)(d), the word “the” has been removed fromthe phrase “for [the] consideration of the CRB.”
D In section 501.1(a)(3)(v)(e), the word “an” has been added to thephrase “were provided an opportunity to engage.”
D In section 501.1(b)(3)(i)(b), a reference to section 17-210(4)(f) of theElection Law has been updated to section 17-210(4) of the Election Law,
to clarify that the provision relates to the administrative preclearance process as a whole.
D In section 501.1(c)(3)(i), the phrase “authorized person” has been
replaced by the phrase “person authorized to act,” and a comma has been
added.
D In section 501.1(c)(3)(iii), a cross-reference has been added to section
501.4(a)(5).
D In section 501.1(c)(3)(v), the phrase “such covered policy” has been
replaced by the phrase “a covered policy that is subject to preclearance,”
to clarify that the CRB will only pursue action if a covered policy brought
to its attention was in fact required to be precleared.
D Section 501.1(c)(4)(i)(a)(3) has been amended to remove the reference to changes that have been superseded, because changes that havebeen superseded are covered by section 501.1(c)(4)(i)(a)(9).
D Section 501.1(c)(5)(i) has been updated to clarify that preclearance
reports and determinations will be issued in writing.
D Section 501.1(c)(5)(ii) has been updated to refer to a “special proceeding” rather than an “action,” to correctly refer to proceedings initiated pursuant to Article 78 of the CPLR.
D In section 501.1(c)(6)(ii), a cross-reference to section 501.1(c)(11)(i)has been changed to the correct format (previously 501.(1)(c)(11)(i)).
D Section 501.1(c)(11)(ii) has been amended to reflect that notice ofresubmissions, related submissions, requests for additional information,
and withdrawals will be sent to individuals and groups who register for the
preclearance notification registry, as stated in sections 501.1(b)(3)(iii),
501.1(c)(4)(i)(c), 501.1(c)(4)(ii)(b)(4), 501.1(c)(5)(v), and 501.1(c)(6)(ii).
D Section 501.3(d) has been updated to cross-reference section 17210(3)(e) of the Election Law rather than 17-210(3)(d), as the section was
renumbered pursuant to an amendment to the NYVRA, enacted on August
6, 2024.
D Sections 501.2(c) and 501.2(c)(1) have been amended as follows, tocomport with the statutory text:
D 501.2(c) A covered policy will [not] be precleared only if it will notdiminish the ability of members of any protected class to participate in thepolitical process [or] and to elect their preferred candidates to office.
D 501.2(c)(1) A covered policy [diminishes] will not diminish the abilityof members of a protected class to participate in the political process andto elect their preferred candidates to office if it will not lead to a retrogression in the position of members of a protected class (i.e., it will not makemembers of such a group worse off than they had been before the change)
with respect to their ability to participate in the political process and toelect their preferred candidates to office.
D In section 501.2(e)(2)(ii), the word “would” has been replaced by“will,” to match the statutory text.

Rule Making Activities
D In section 501.3(d), a cross-reference to section 17-210(3)(d) of theElection Law has been updated to 17-210(3)(e), to reflect an amendment
to the NYVRA, enacted on August 6, 2024.
D Section 501.4(a)(5)(i) has been amended to clarify that a changeordered or approved by a court is not exempt from preclearance review if
the change was proposed by the relevant covered entity.
D Section 501.4(b)(2) has been amended to refer to a “report and determination” rather than a “final response,” to match the terminology used in
the statute and elsewhere in the regulations.
Final rule as compared with last published rule: Nonsubstantial changes
were made in sections 500.2, 500.3, 500.4, 501.1(a)(1)(iv), (v), (vi),(2)(iv)(a), (xi), (xv), (3)(v)(b), (d), (e), (b)(3)(i)(a), (b), (ii)(c), (iv), (v)(b),(b)(1)(ii), (c)(2), (3)(iii), (iv)(b), (v), (4)(i)(a)(3), (5)(i), (ii), (6)(ii), (11)(i),(ii), 501.2(c), (c)(1), (e)(2)(ii), 501.3(d), 501.4(a)(5)(i), (b)(2).
Text of rule and any required statements and analyses may be obtained
from: Lyric Landon, Office of the New York State Attorney General, 28
Liberty St., New York, NY 10005, (212) 416-9818, email:votingrights@ag.ny.gov
Revised Regulatory Impact Statement, Regulatory Flexibility Analysis
and Rural Area Flexibility Analysis
No substantial revisions have been made to the rule text since it was
proposed. The non-substantial changes that have been made to the ruletext do not necessitate modification of the previously published Regulatory Impact Statement, Regulatory Flexibility Analysis and Rural Area
Flexibility Analysis, which remain adequate and complete. See N.Y. A.P.A.
Law § 202-a(6).
Initial Review of RuleAs a rule that requires a RFA, RAFA or JIS, this rule will be initiallyreviewed in the calendar year 2029, which is the 4th or 5th year after theyear in which this rule is being adopted. This review period, justification
for proposing same, and invitation for public comment thereon, were
contained in a RFA, RAFA or JIS.
An assessment of public comment on the 4 or 5-year initial review period is not attached because no comments were received on the issue.
Assessment of Public Comment
OAG received three comments on the proposed rule. Pursuant to section 202(5)(b) of the New York State Administrative Procedure Act, OAG
has issued an Assessment of Public Comment (the “Assessment”), which
includes a summary and analysis of the issues raised and significant
alternatives suggested by all public comments received, a statement of thereasons why any significant alternatives were not incorporated into therule, and a description of any changes made to the rule as a result of suchcomments. Because the Assessment exceeds 2,000 words, a summary is
below. The full text of the Assessment, and copies of the comments submitted, can be found on the OAG website.
Comment 1
The first comment, from Orange County, relates to section 501.3(b)(3)of the proposed rule, which states: “A consent decree or other executed
written agreement shall be deemed to be based upon a finding of a violation, and thus may subject the political subdivision to preclearance coverage, if the agreement reflects a finding of noncompliance with one of thelaws or constitutional provisions enumerated in sections 17-210(3)(a) and(b) of the Election Law, and contains no provision denying liability withrespect to such laws or constitutional provisions.”
Orange County states that this provision is an ultra vires application of
the statute. The county states that OAG’s powers of regulation under the
NYVRA extend only to covered policies, not covered entities, and that therule goes beyond the statutory definition of “covered entity” by expanding
the concept of a “finding” to include agreements aside from consent
decrees that “reflect a finding of noncompliance.” Citing “due process
impacts,” the county states that, while court orders or enforcement actions
entail an opportunity to be heard by the covered entity, the same is not trueof an “agreement” that “reflects” a finding.1 The county suggested that theprovision be withdrawn.
As detailed in the Assessment, the CRB disagrees with the county’s
understanding of the scope of its regulatory authority, as the rule is an appropriate exercise of the authority to promulgate regulations related topreclearance and the entire NYVRA. The provision, read in context withthe rest of the rule, is a clarification of the types of government enforcement actions that may lead to preclearance coverage under the NYVRA’s
coverage formula.
Accordingly, the CRB declined to withdraw section 501.3(b)(3).
However, the CRB has removed the word “reflects” to clarify that this rule
does not subject to preclearance jurisdictions that are party to agreementsthat do not “contain” a finding of a violation. The CRB thus amended sections 501.3(b)(3) and 501.3(b)(4) as follows:(3) A consent decree or other executed written agreement shall bedeemed to be based upon a finding of a violation, and thus may subject the5Rule Making Activities
political subdivision to preclearance coverage, if the agreement [reflects]
contains a finding of noncompliance with one of the laws or constitutional
provisions enumerated in sections 17-210(3)(a) and (b) of the Election
Law, and contains no provision denying liability with respect to such laws
or constitutional provisions.
(4) “Similar formal action” as provided in section 17-204(9) of the Election Law includes, but is not limited to:(i) A settlement agreement to which a federal or state entity is a party, if
such agreement [reflects] contains a finding of noncompliance with one of
the laws or constitutional provisions enumerated in sections 17-210(3)(a)and (b) of the Election Law, and contains no provision denying liability
with respect to such laws or constitutional provisions; and(ii) A public report or other written document issued by a federal orstate entity, if such report or document [reflects] contains a finding of
noncompliance with one of the laws or constitutional provisions enumerated in sections 17-210(3)(a) and (b) of the Election Law.
Comment 2
The second comment, from the New York State School Boards Association (the “NYSSBA”), relates to section 501.1(a)(3)(iii)(a)(6) of the
proposed rule, which states that, where relevant to a preclearance application, the CRB may require information regarding election returns, including the number of registered voters by race, color, and language-minority
group for each election district for which such returns are furnished. The
NYSSBA noted that, due to operational differences between school board
elections and other types of local elections, school districts may be unable
to provide the information stated in this subclause. The NYSSBA further
notes that the purpose of election districts under the Education Law is toallow the school district to have multiple polling locations, and the vast
majority of school board seats are not tied to the geographic area of anelection district; therefore, a breakdown of election results by election
district may be of limited utility.
The NYSSBA suggested that a clarifying change be added to the rule
recognizing that school districts may not be able to provide this type of information as supplemental material to a preclearance submission.
As detailed in the Assessment, section 501.1(a)(3) of the rule, entitled“Supplemental contents,” lists information that “may” be required “where
relevant” in addition to the basic information listed in section 501.1(a)(2),
meaning that for many submissions, this type of information will not berequested or required in order for the submission to be properly analyzed.
However, when such information is requested, section 501.1(a)(1)(v) of
the rule provides that, where information is relevant but not known oravailable, or is not applicable, a preclearance submission must state as
much, and (except as to information that is not applicable) must demonstrate that the submitting authority exercised due diligence and was unable
to obtain the information. Accordingly, the rule already recognizes thatcertain types of information listed in the “Content of submissions” section
may be either unavailable to a covered entity or inapplicable to a particular preclearance request, and provides recourse for a submitting authority
should that situation arise. While data sources may exist that allow this information to be measured or approximated, and some of the information
may be obtained from the Census Bureau or other government entities, the
CRB anticipates that some jurisdictions may at times be unable to obtaincertain information, which is among the reasons for inclusion of section
501.1(a)(1)(v) in the proposed rule. Finally, as detailed in the assessment,
election returns by election district may be useful for evaluating a preclearance submission regardless of whether the jurisdiction elects representatives in a ward- or district-based system.
No changes were made to the rule as a result of this comment.
Comment 3
The third comment, from the New York City Board of Elections (the“NYCBOE”), related to several provisions of the rule, each of which isaddressed below.
1. Section 501.1(a)(2) of the proposed rule states: “Each submission
must be made in such form and manner as the CRB may require[.]” The
NYCBOE noted that the form and manner are not specified and suggesteda clarification.
As detailed in the Assessment, the CRB will provide guidance tocovered entities regarding their anticipated preclearance submissions andthe subsequent review process. Because published guidance can be
updated more easily and efficiently than a regulation, the CRB views theformer as the more appropriate venue to detail the required form and manner of submissions.
No changes were made to the rule as a result of this comment.
2. Section 501.1(a)(2)(xii) of the proposed rule states that submissions
must contain a “statement identifying any past or pending litigation towhich the covered entity is or was a party concerning the change or related
voting practices.” The NYCBOE noted that, without a timing limitation,
this requirement could be burdensome for election administrators that are
parties to a substantial volume of litigation, and may also be irrelevant
given changes to the New York State Election Law, and suggested that therequirement be narrowed to reflect a time frame.

6

NYS Register/September 11, 2024
Based on this comment, the CRB amended section 501.1(a)(2)(xii) toprovide that past litigation must be reported only if it was initiated or
resolved during the period of the entity’s current coverage status pursuant
to section 17-210(3) of the NYVRA. For jurisdictions covered underparagraph (a) of the coverage formula, this period begins on the date of
the most recent violation triggering coverage; for jurisdictions covered
under paragraph (b), it begins on the date of the earliest of the most recent
set of three violations triggering coverage; and for jurisdictions covered
under paragraph (c) or (d), it begins in the first year of the ten-year periodused to calculate the arrest rate or dissimilarity index, respectively.
3. Section 501.1(a)(2)(xiv) of the proposed rule states that submissions
must contain a “statement identifying any other proposed change to apractice or policy, regardless of whether that practice or policy constitutes
a covered policy in its own right, that may interact with the submitted
covered policy.” The NYCBOE noted that this is a broad requirement that
may be difficult to ascertain and suggested a clarification.
In light of the fact-specific and contextual nature of preclearance review
and the relationship between covered policies and other changes thatinteract with them, the CRB will offer written guidance, which it considers a more appropriate venue to provide clarity with respect to thisprovision. The CRB will also welcome regulatory dialogue and consultation from covered entities contemplating future preclearance submissions,to determine other potential changes and the extent to which they may
interact with the covered policy.
No changes were made to the rule as a result of this comment.
4. Sections 501.1(b)(1)(i) and (iii) of the proposed rule describe howtime periods for preclearance submission and review will be calculated
and state that the date of a submission is the date on which it is received
by the CRB. The NYCBOE noted that the provisions do not state whether
the CRB will confirm receipt of a preclearance submission with thesubmitter, to allow the submitter to calculate the deadline for the CRB’s
review.
Based on this comment, the CRB amended section 501.1(b)(1)(iii) toprovide that it will confirm the date of receipt of a submission to thecovered entity.
5. Section 501.1(a)(3)(iii)(a)(6) of the proposed rule states that, where
relevant to a preclearance application, the CRB may require information
regarding election returns, including the number of registered voters by
race, color, and language-minority group for each election district for
which such returns are furnished. The NYCBOE raised the same issue
raised in Comment 2, noting that a county board of elections would not bein possession of the race, color, or language-minority group of registeredvoters by election district and would have to request the information fromits Department of City Planning, which would be burdensome. The
NYCBOE also raised a similar concern regarding sections 501.1(a)(3)(i)(demographic information for the affected area by race, color, andlanguage-minority group), 501.1(a)(3)(iii)(a)(2) (race, color, or languageminority group of each candidate in election returns, “if known”), and501.1(a)(3)(iv) (analysis indicating the extent to which voting in the political subdivision is racially polarized, “or a statement of why such analysis
is impossible or impracticable”).
As noted with respect to Comment 2, the rule provides an alternative if
a submitter is unable to obtain the requested information, and the regulations in question pertain to supplemental information, which will not be
required for many submissions. Additionally, section 501.1(a)(3)(iii)(a)(2)provides for the information to be included “if known” and section
501.1(a)(3)(iv) allows for the submitter to state that a racially polarized
voting analysis would be impossible or impracticable to provide.
No changes were made to the rule as a result of this comment.
————————————————
1
The comment also states that the rule singles out Orange County forselective enforcement and that, as a result, the regulatory impact statement inaccurately states that any costs to regulated parties are imposed
only by the statute, as Orange County would not be covered but for therule. However, the rule applies indiscriminately to all regulated parties
and its purpose is to provide clarity and guidance as to how the statute’s coverage formula is applied. Moreover, the regulatory impact
statement further notes that, notwithstanding the lack of additionalcosts imposed by the rule, the regulatory flexibility analysis and ruralarea flexibility analysis include estimated ranges of potential costs. Accordingly, even accepting arguendo that a regulated jurisdiction may
incur additional costs as a result of the rule, such costs are encompassedby the ranges of potential costs set forth in the regulatory flexibility
analysis and rural area flexibility analysis. Thus, these costs have been
properly estimated in accordance with the requirements of the State
Administrative Procedure Act.

NYS Register/September 11, 2024

Rule Making Activities(23-E-0488SA1)

Niagara Frontier
Transportation Authority
NOTICE OF ADOPTION
Procurement Guidelines of the Niagara Frontier Transportation
Authority and Niagara Frontier Transit Metro System, Inc.
I.D. No. NFT-25-24-00004-A
Filing No. 708
Filing Date: 2024-08-22
Effective Date: 2024-09-11
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken: Amendment of sections 1159.3, 1159.4 and 1159.5 of Title
21 NYCRR.
Statutory authority: Public Authorities Law, section 1299-t
Subject: Procurement Guidelines of the Niagara Frontier Transportation
Authority and Niagara Frontier Transit Metro System, Inc.
Purpose: To amend Procurement Guidelines to reflect clarifying provisions and change signing authority level.
Text or summary was published in the June 18, 2024 issue of the Register,I.D. No. NFT-25-24-00004-P.
Final rule as compared with last published rule: No changes.
Text of rule and any required statements and analyses may be obtained
from: Michael J. Flaherty, Jr., Niagara Frontier Transportation Authority,
181 Ellicott Street, Buffalo, New York 14203, (716) 855-7398, email:Michael.Flaherty@NFTA.com
Assessment of Public Comment
The agency received no public comment.

Public Service Commission

NOTICE OF ADOPTION
Submetering of Electricity
I.D. No. PSC-12-24-00005-A
Filing Date: 2024-08-21
Effective Date: 2024-08-21
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken: On 8/15/24, the PSC adopted an order authorizing Workable St. Johns OZ Sublessee LLC’s (Workable St. Johns) petition tosubmeter electricity at 991 St. Johns Place, Brooklyn, New York.
Statutory authority: Public Service Law, sections 30, 32-48, 52, 53, 65(1),66(1), (2), (3), (4), (12) and (14)Subject: Submetering of electricity.
Purpose: To authorize Workable St. Johns’ petition to submeter electricity.
Substance of Final Rule: The Commission, on August 15, 2024, adopted
an order authorizing Workable St. Johns OZ Sublessee LLC’s petition tosubmeter electricity at 991 St. Johns Place, Brooklyn, New York, locatedin the service territory of Consolidated Edison Company of New York,
Inc., subject to the terms and conditions set forth in the order.
Text or summary was published in the March 20, 2024 issue of the Register, I.D. No. PSC-12-24-00005-P.
Final rule as compared with last published rule: No changes.
Text of rule may be obtained from: John Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 4862655, email: john.pitucci@dps.ny.gov An IRS employer ID no. or social
security no. is required from firms or persons to be billed 25 cents per
page. Please use tracking number found on last line of notice in requests.
Assessment of Public Comment
An assessment of public comment is not submitted with this notice because
the rule is within the definition contained in section 102(2)(a)(ii) of theState Administrative Procedure Act.
(23-E-0653SA1)

NOTICE OF ADOPTION
Submetering of Electricity and Waiver Request

NOTICE OF ADOPTION
Submetering of Electricity
I.D. No. PSC-10-24-00006-A
Filing Date: 2024-08-21
Effective Date: 2024-08-21
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken: On 8/15/24, the PSC adopted an order authorizing Dupont
Street Owner LLC’s (Dupont Street) notice of intent to submeter electricity at 65 Dupont Street, Brooklyn, New York.
Statutory authority: Public Service Law, sections 30, 32-48, 52, 53, 65(1),66(1), (2), (3), (4), (12) and (14)Subject: Submetering of electricity.
Purpose: To authorize Dupont Street’s notice of intent to submeterelectricity.
Substance of Final Rule: The Commission, on August 15, 2024, adopted
an order authorizing Dupont Street Owner LLC’s notice of intent tosubmeter electricity at 65 Dupont Street, Brooklyn, New York, located in
the service territory of Consolidated Edison Company of New York, Inc.,subject to the terms and conditions set forth in the order.
Text or summary was published in the March 6, 2024 issue of the Register, I.D. No. PSC-10-24-00006-P.
Final rule as compared with last published rule: No changes.
Text of rule may be obtained from: John Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 4862655, email: john.pitucci@dps.ny.gov An IRS employer ID no. or social
security no. is required from firms or persons to be billed 25 cents per
page. Please use tracking number found on last line of notice in requests.
Assessment of Public Comment
An assessment of public comment is not submitted with this notice because
the rule is within the definition contained in section 102(2)(a)(ii) of theState Administrative Procedure Act.

I.D. No. PSC-17-24-00006-A
Filing Date: 2024-08-21
Effective Date: 2024-08-21
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken: On 8/15/24, the PSC adopted an order authorizing 204 4th
Avenue LLC’s (204 4th Avenue) notice of intent to submeter electricity at
655 Union Street, Brooklyn, New York, and waiver of the energy audit
requirements in 16 NYCRR § 96.5(k)(3).
Statutory authority: Public Service Law, sections 30, 32-48, 52, 53, 65(1),66(1), (2), (3), (4), (12) and (14)Subject: Submetering of electricity and waiver request.
Purpose: To authorize 204 4th Avenue’s notice of intent to submeterelectricity and waiver request.
Substance of Final Rule: The Commission, on August 15, 2024, adopted
an order authorizing 204 4th Avenue LLC’s notice of intent to submeterelectricity at 655 Union Street, Brooklyn, New York, located in the service
territory of Consolidated Edison Company of New York, Inc., and waiverof the energy audit and energy efficiency plan requirements in 16 NYCRR§ 96.5(k)(3), subject to the terms and conditions set forth in the order.
Text or summary was published in the April 24, 2024 issue of the Register, I.D. No. PSC-17-24-00006-P.
Final rule as compared with last published rule: No changes.
Text of rule may be obtained from: John Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 4862655, email: john.pitucci@dps.ny.gov An IRS employer ID no. or social
security no. is required from firms or persons to be billed 25 cents per
page. Please use tracking number found on last line of notice in requests.
Assessment of Public Comment
An assessment of public comment is not submitted with this notice because
the rule is within the definition contained in section 102(2)(a)(ii) of theState Administrative Procedure Act.

7

Rule Making Activities(24-E-0104SA1)

NYS Register/September 11, 2024
NOTICE OF ADOPTIONNOTICE OF ADOPTION
Submetering of Electricity
I.D. No. PSC-17-24-00009-A
Filing Date: 2024-08-21
Effective Date: 2024-08-21

Submetering of Electricity and Waiver Request
I.D. No. PSC-20-24-00002-A
Filing Date: 2024-08-21
Effective Date: 2024-08-21

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken: On 8/15/24, the PSC adopted an order authorizing RXR 91
Dekalb Owner LLC’s (RXR 91 Dekalb) petition to submeter electricity at
89 Dekalb Avenue, Brooklyn, New York.
Statutory authority: Public Service Law, sections 30, 32-48, 52, 53, 65(1),66(1), (2), (3), (4), (12) and (14)Subject: Submetering of electricity.
Purpose: To authorize RXR 91 Dekalb’s petition to submeter electricity.
Substance of Final Rule: The Commission, on August 15, 2024, adopted
an order authorizing RXR 91 Dekalb Owner LLC’s petition to submeterelectricity at 89 Dekalb Avenue, Brooklyn, New York, located in the service territory of Consolidated Edison Company of New York, Inc., subject
to the terms and conditions set forth in the order.
Text or summary was published in the April 24, 2024 issue of the Register, I.D. No. PSC-17-24-00009-P.
Final rule as compared with last published rule: No changes.
Text of rule may be obtained from: John Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 4862655, email: john.pitucci@dps.ny.gov An IRS employer ID no. or social
security no. is required from firms or persons to be billed 25 cents per
page. Please use tracking number found on last line of notice in requests.
Assessment of Public Comment
An assessment of public comment is not submitted with this notice because
the rule is within the definition contained in section 102(2)(a)(ii) of theState Administrative Procedure Act.
(24-E-0144SA1)

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken: On 8/15/24, the PSC adopted an order authorizing 44-01
Northern Owner, LLC’s (44-01 Northern) notice of intent to submeterelectricity at 34-35 44th Street, Astoria, New York, and waiver of theenergy audit requirements in 16 NYCRR § 96.5(k)(3).
Statutory authority: Public Service Law, sections 30, 32-48, 52, 53, 65(1),66(1), (2), (3), (4), (12) and (14)Subject: Submetering of electricity and waiver request.
Purpose: To authorizing 44-01 Northern’s notice of intent to submeterelectricity and waiver request.
Substance of Final Rule: The Commission, on August 15, 2024, adopted
an order authorizing 44-01 Northern Owner, LLC’s notice of intent tosubmeter electricity at 34-35 44th Street, Astoria, New York, located in theservice territory of Consolidated Edison Company of New York, Inc., andwaiver of the energy audit and energy efficiency plan requirements in 16
NYCRR § 96.5(k)(3), subject to the terms and conditions set forth in theorder.
Text or summary was published in the May 15, 2024 issue of the Register,I.D. No. PSC-20-24-00002-P.
Final rule as compared with last published rule: No changes.
Text of rule may be obtained from: John Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 4862655, email: john.pitucci@dps.ny.gov An IRS employer ID no. or social
security no. is required from firms or persons to be billed 25 cents per
page. Please use tracking number found on last line of notice in requests.
Assessment of Public Comment
An assessment of public comment is not submitted with this notice because
the rule is within the definition contained in section 102(2)(a)(ii) of theState Administrative Procedure Act.
(24-E-0002SA1)

NOTICE OF ADOPTIONNOTICE OF ADOPTION

Submetering of Electricity

Submetering of Electricity

I.D. No. PSC-18-24-00019-A
Filing Date: 2024-08-21
Effective Date: 2024-08-21

I.D. No. PSC-20-24-00006-A
Filing Date: 2024-08-21
Effective Date: 2024-08-21

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken: On 8/15/24, the PSC adopted an order authorizing Riverwalk 9, LLC’s (Riverwalk 9) petition to submeter electricity at 430 Main
Street, New York, New York.
Statutory authority: Public Service Law, sections 30, 32-48, 52, 53, 65(1),66(1), (2), (3), (4), (12) and (14)Subject: Submetering of electricity.
Purpose: To authorize Riverwalk 9’s petition to submeter electricity.
Substance of Final Rule: The Commission, on August 15, 2024, adopted
an order authorizing Riverwalk 9, LLC’s petition to submeter electricity at
430 Main Street, New York, New York, located in the service territory ofConsolidated Edison Company of New York, Inc., subject to the terms andconditions set forth in the order.
Text or summary was published in the May 1, 2024 issue of the Register,I.D. No. PSC-18-24-00019-P.
Final rule as compared with last published rule: No changes.
Text of rule may be obtained from: John Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 4862655, email: john.pitucci@dps.ny.gov An IRS employer ID no. or social
security no. is required from firms or persons to be billed 25 cents per
page. Please use tracking number found on last line of notice in requests.
Assessment of Public Comment
An assessment of public comment is not submitted with this notice because
the rule is within the definition contained in section 102(2)(a)(ii) of theState Administrative Procedure Act.
(24-E-0116SA1)

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken: On 8/15/24, the PSC adopted an order authorizing 118 West
13th Street Owner LLC’s (118 West 13th Street) petition to submeterelectricity at 118 West 13th Street, New York, New York.
Statutory authority: Public Service Law, sections 30, 32-48, 52, 53, 65(1),66(1), (2), (3), (4), (12) and (14)Subject: Submetering of electricity.
Purpose: To authorize 118 West 13th Street’s petition to submeterelectricity.
Substance of Final Rule: The Commission, on August 15, 2024, adopted
an order authorizing 118 West 13th Street Owner LLC’s petition tosubmeter electricity at 118 West 13th Street, New York, New York, locatedin the service territory of Consolidated Edison Company of New York,
Inc., subject to the terms and conditions set forth in the order.
Text or summary was published in the May 15, 2024 issue of the Register,I.D. No. PSC-20-24-00006-P.
Final rule as compared with last published rule: No changes.
Text of rule may be obtained from: John Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 4862655, email: john.pitucci@dps.ny.gov An IRS employer ID no. or social
security no. is required from firms or persons to be billed 25 cents per
page. Please use tracking number found on last line of notice in requests.
Assessment of Public Comment
An assessment of public comment is not submitted with this notice because
the rule is within the definition contained in section 102(2)(a)(ii) of theState Administrative Procedure Act.

8

NYS Register/September 11, 2024
(24-E-0230SA1)

NOTICE OF ADOPTIONElectric Metering Equipment
I.D. No. PSC-22-24-00007-A
Filing Date: 2024-08-21
Effective Date: 2024-08-21
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken: On 8/15/24, the PSC adopted an order approving RED
Rochester, LLC (RED Rochester) to use the GE Model 780 and GE Model
785 current transformers for electric metering applications in New YorkState and denying the use of the Square D Model 780R transformer.
Statutory authority: Public Service Law, section 67(1)Subject: Electric metering equipment.
Purpose: To approve RED Rochester to use two models of electric metering equipment and deny the use of one model.
Substance of Final Rule: The Commission, on August 15, 2024, adopted
an order approving RED Rochester, LLC to use the GE Model 780 and
GE Model 785 current transformers for electric metering applications in
New York State, and denying the use of the Square D Model 780R current
transformer for electric metering applications in New York State, subject
to the terms and conditions set forth in the order.
Text or summary was published in the May 29, 2024 issue of the Register,I.D. No. PSC-22-24-00007-P.
Final rule as compared with last published rule: No changes.
Text of rule may be obtained from: John Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 4862655, email: john.pitucci@dps.ny.gov An IRS employer ID no. or social
security no. is required from firms or persons to be billed 25 cents per
page. Please use tracking number found on last line of notice in requests.
Assessment of Public Comment
An assessment of public comment is not submitted with this notice because
the rule is within the definition contained in section 102(2)(a)(ii) of theState Administrative Procedure Act.
(24-E-0253SA1)

PROPOSED RULE MAKINGNO HEARING(S) SCHEDULED
Proposed Transfer of Water Company Assets
I.D. No. PSC-37-24-00001-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action: The Commission is considering a joint petition filed byJohn and Bonnie Mulawka, the owners of Windover Water Works(Company) and Keith and Helana Mulawka (Purchaser), for authorization
to transfer the Company’s assets to the Purchaser.
Statutory authority: Public Service Law, sections 4(1), 5(1)(f), 89-c(1),(10) and 89-h(1)Subject: Proposed transfer of water company assets.
Purpose: To determine if transfer of the Company’s assets is in the public
interest.
Substance of proposed rule: The Commission is considering a joint petition filed on July 30, 2024, by the owners of Windover Water Works (theCompany), John and Bonnie Mulawka (the Sellers), and Keith and Helana
Mulawka (the Purchasers), seeking authorization for the transfer of all the
Company’s assets to the Purchasers.

The Company provides water service to eight residential customers
located in the Town of Derby in Erie County, New York. The Company’s assets consist of a distribution system including mains and service lines, meters, and a pit containing a master meter and manifold.
The Company purchases finished water wholesale from the Erie
County Water Authority, and the finished water enters the system at
the master meter. In 2017, the Purchasers bought the land that houses
the meter pit used in providing service. The petition states theCompany was not aware at the time of sale that Commission authorization of the sale was required. The Purchasers have been assisting

Rule Making Activities
with the operational and administrative duties of Windover, whichhave been passed from the Sellers as necessary. The petitioners assertthat the transfer is in the public interest because the Sellers are seeking
to retire and the Purchasers are familiar with the system’s needs, andthus the transfer would allow for continued provision of service.
The full text of the joint petition and the full record of the proceeding may be reviewed online at the Department of Public Service web
page at www.dps.ny.gov. The Commission may adopt, reject, or
modify, in whole or in part, the action proposed and may resolve related matters.
Text of proposed rule and any required statements and analyses may beobtained by filing a Document Request Form (F-96) located on our
website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John
Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, NewYork 12223-1350, (518) 486-2655, email: john.pitucci@dps.ny.gov
Data, views or arguments may be submitted to: Michelle L. Phillips, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, NewYork 12223-1350, (518) 474-6530, email: secretary@dps.ny.gov
Public comment will be received until: 60 days after publication of thisnotice.
Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural
Area Flexibility Analysis and Job Impact Statement
Statements and analyses are not submitted with this notice because theproposed rule is within the definition contained in section 102(2)(a)(ii) of
the State Administrative Procedure Act.
(24-W-0445SP1)PROPOSED RULE MAKINGNO HEARING(S) SCHEDULEDBrooklyn Clean Energy Hub Expansion and Cost Recovery
I.D. No. PSC-37-24-00002-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action: The Commission is considering a petition filed byConsolidated Edison Company of New York, Inc. seeking an expanded
scope of work and associated cost recovery for the Brooklyn Clean Energy
Hub.
Statutory authority: Public Service Law, sections 65, 66 and 66-p
Subject: Brooklyn Clean Energy Hub expansion and cost recovery.
Purpose: To efficiently meet the Climate Leadership and Community
Protection Act’s goal of 9,000 megawatts of offshore wind generation.
Substance of proposed rule: The Commission is considering a petition
filed by Consolidated Edison Company of New York, Inc. (Con Edison)on August 7, 2024 (the Petition), seeking expedited approval of an
expanded scope of work and associated cost recovery for its Brooklyn
Clean Energy Hub (Hub).

In the petition, Con Edison explains that many of the solutions
proposed for the New York City Public Policy Transmission Need addressed in Case 22-E-0633 require additional interconnection points
at the Hub. Con Edison states that building its proposed four additional
interconnection points before the Hub is placed into service in May
2028 would cost $66 million and would benefit customers by lowering costs by approximately $34 million - $54 million in comparison tobuilding four additional interconnection points after the Hub isenergized. Con Edison also notes that constructing the additional
interconnection points prior to the in-service date would shorten theconstruction schedule by four years and reduce operational risks byavoiding the scheduled outages that would be required to construct theadditional interconnection points after the Hub is in service. Con
Edison indicates that it seeks expedited approval of the expanded
scope and recovery of the additional costs so that it may order materials for the additional interconnection points in time to meet its
construction schedule.
The full text of the petition and the full record of the proceeding
may be reviewed online at the Department of Public Service web page:www.dps.ny.gov. The Commission may adopt, reject or modify, inwhole or in part, the action proposed and may resolve related matters.
Text of proposed rule and any required statements and analyses may beobtained by filing a Document Request Form (F-96) located on our
website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John
Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, NewYork 12223-1350, (518) 486-2655, email: john.pitucci@dps.ny.gov

9Rule Making Activities
Data, views or arguments may be submitted to: Michelle L. Phillips, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, NewYork 12223-1350, (518) 474-6530, email: secretary@dps.ny.gov
Public comment will be received until: 60 days after publication of thisnotice.
Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural
Area Flexibility Analysis and Job Impact Statement
Statements and analyses are not submitted with this notice because theproposed rule is within the definition contained in section 102(2)(a)(ii) of
the State Administrative Procedure Act.
(20-E-0197SP22)PROPOSED RULE MAKINGNO HEARING(S) SCHEDULED
Increased Funding for Energy Efficiency Programs
I.D. No. PSC-37-24-00003-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action: The Commission is considering the petition filed by
New York Municipal Power Agency to increase the funding mechanism ofenergy efficiency programs from one mil to two mil per kilowatt hour.
Statutory authority: Public Service Law, sections 5, 65 and 66
Subject: Increased funding for energy efficiency programs.
Purpose: To determine whether increased funding for energy efficiency
programs is in the public interest.
Substance of proposed rule: The Public Service Commission is considering a petition filed by New York Municipal Power Agency (NYMPA) on
July 19, 2024, requesting authorization to increase the funding mechanism
for its energy efficiency program from one mil (1/1000 of a dollar) per
kilowatt-hour (kWh) to two mil per kWh, in accordance with the Commission’s Order Approving Recovery of Costs of Enhanced Energy Efficiency
Program issued in Case 06-E-0744.

The petition seeks additional funding to expand the energy efficiency program offerings administered by the Independent Energy Efficiency Program, Inc. (IEEP), which implements energy efficiency
programs across 38 municipal utilities in New York. According to thepetition, enhanced financial resources would support initiatives suchas insulation and building shell improvements, rebates for cold climate
heat pumps, and expansion of commercial and industrial energy
management systems. The petition states the funding would enable
IEEP to improve its program outreach efforts to disadvantaged communities and low-income customers, thereby increasing participationin energy efficiency programs. The petition explains increased funding is required to meet the rising construction costs, growing demand
for the energy efficiency program, and to align with New York’s
Climate Leadership and Community Protection Act. The proposed
increase in funding would result in a bill increase of approximately $8
to $16 per year for the average residential customer, effective May
2025.
The full text of the petition and the full record of the proceeding
may be reviewed online at the Department of Public Service web page:www.dps.ny.gov. The Commission may adopt, reject, or modify, inwhole or in part, the action proposed and may resolve related matters.
Text of proposed rule and any required statements and analyses may beobtained by filing a Document Request Form (F-96) located on our
website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John
Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, NewYork 12223-1350, (518) 486-2655, email: john.pitucci@dps.ny.gov
Data, views or arguments may be submitted to: Michelle L. Phillips, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, NewYork 12223-1350, (518) 474-6530, email: secretary@dps.ny.gov
Public comment will be received until: 60 days after publication of thisnotice.
Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural
Area Flexibility Analysis and Job Impact Statement
Statements and analyses are not submitted with this notice because theproposed rule is within the definition contained in section 102(2)(a)(ii) of
the State Administrative Procedure Act.
(24-E-0463SP1)

10

NYS Register/September 11, 2024

Triborough Bridge and Tunnel
Authority
NOTICE OF ADOPTION
Toll Violation Administrative Fees with Respect to TBTA
Facilities and Congestion Pricing Central Business District
I.D. No. TBA-22-24-00004-A
Filing No. 711
Filing Date: 2024-08-23
Effective Date: 2024-09-01
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken: Repeal of Part 1021.3; addition of new Part 1021.3 to Title
21 NYCRR.
Statutory authority: Public Authorities Law, section 553(5), (12-a) and(17)
Subject: Toll violation administrative fees with respect to TBTA facilities
and Congestion Pricing Central Business District.
Purpose: Relating to 2024 legislative changes concerning payment andenforcement of toll violation fees.
Text or summary was published in the May 29, 2024 issue of the Register,I.D. No. TBA-22-24-00004-P.
Final rule as compared with last published rule: No changes.
Text of rule and any required statements and analyses may be obtained
from: Paul L. Friman, General Counsel and Corporate Secretary, Triborough Bridge and Tunnel Authority, 2 Broadway, 24th Floor, New York,New York 10004, (646) 252-7610, email: pfriman@mtabt.org
Initial Review of RuleAs a rule that requires a RFA, RAFA or JIS, this rule will be initiallyreviewed in the calendar year 2027, which is no later than the 3rd year after the year in which this rule is being adopted.
Assessment of Public Comment
The agency received no public comment.

NYS Register/September 11, 2024

Rule Making Activities

HEARINGS SCHEDULEDFOR PROPOSED RULE MAKINGS
Agency I.D. No.

Subject Matter

Location—Date—Time

Environmental Conservation, Department of
ENV-28-24-00025-P . . . . . . . . . . . . . . . . . . . . . . . .

6 NYCRR Part 664, Fresh Water Wetlands
Jurisdiction and Classification

Department of Environmental Conservation,
625 Broadway, Albany, NY—September 12,
2024, 1:00 p.m.

ENV-29-24-00006-P . . . . . . . . . . . . . . . . . . . . . . . .

Criteria for the Decommissioning of Radioactive Material Licensed Sites

Virtual via Webex—September 17, 2024, 2:00
p.m.
Virtual via Webex—September 17, 2024, 6:00
p.m.

ENV-32-24-00029-P . . . . . . . . . . . . . . . . . . . . . . . .

Revision and Update of the List ofEndangered, Threatened and Special Concern
Species

Virtual via Webex—October 10, 2024, 1:00
p.m.
Virtual via Webex—October 10, 2024, 6:00
p.m.
Instructions on how to “join” the hearing
webinar and provide an oral statement will be
published on the Department’s proposed
regulations webpage for 6 NYCRR Part 384 by
July 17, 2024. The proposed regulations
webpage for 6 NYCRR Part 384 may be accessed at: https://www.dec.ny.gov/regulations/propregulations.html
Persons who wish to receive the instructions
by mail or telephone may call the Department
at (518) 402-9003. Please provide your firstand last name, address, and telephone number
and reference the Part 384 public comment
hearing.
Interpreter services shall be made available todeaf persons, and translator services shall bemade available to persons with limited English
proficiency, at no charge for either service,upon written request. Requests should bereceived by September 4, 2024, but DEC will
make every effort to fulfill requests received
closer to the hearing date. Requests can bedirected to the NYSDEC Division of Communication, Education, and Engagement, either by mail (address: NYSDEC, 625
Broadway, Albany, New York 12233-4500), orby e-mail (language@dec.ny.gov).

Long Island Power Authority
LPA-29-24-00003-P . . . . . . . . . . . . . . . . . . . . . . . .

IEDR Limitation of Liability

H. Lee Dennison Building, Hauppauge, NY—
September 16, 2024, 10:00 a.m.
Long Island Power Authority, Uniondale,
NY—September 16, 2024, 6:00 p.m.

Public Service Commission
PSC-36-24-00003-P . . . . . . . . . . . . . . . . . . . . . . . .

Proposed Major Rate Increase in National
Grid’s Annual Electric Revenues

Department of Public Service, 19th Fl. Board
Rm., Three Empire State Plaza, Albany, NY—
November 4, 2024, 10:30 a.m. and continuing
daily as needed (Evidentiary Hearing)**On occasion, there are requests to rescheduleor postpone hearing dates. If such a request is
granted, notification of any subsequentscheduling changes will be available at the
DPS website (www.dps.ny.gov) under Case
24-E-0322.

PSC-36-24-00004-P . . . . . . . . . . . . . . . . . . . . . . . .

Proposed Major Rate Increase in National
Grid’s Annual Gas Revenues

Department of Public Service, 19th Fl. Board
Rm., Three Empire State Plaza, Albany, NY—
November 4, 2024, 10:30 a.m. and continuing

11Rule Making Activities

NYS Register/September 11, 2024
daily as needed (Evidentiary Hearing)**On occasion, there are requests to rescheduleor postpone hearing dates. If such a request is
granted, notification of any subsequentscheduling changes will be available at the
DPS website (www.dps.ny.gov) under Case
24-G-0323.

12

NYS Register/September 11, 2024

Action Pending Index
ACTION PENDING
INDEX

The action pending index is a list of all proposed rules which
are currently being considered for adoption. A proposed rule isadded to the index when the notice of proposed rule making is
first published in the Register. A proposed rule is removed
from the index when any of the following occur: (1) the proposal is adopted as a permanent rule; (2) the proposal isrejected and withdrawn from consideration; or (3) the proposal’s notice expires.
Most notices expire in approximately 12 months if the agency
does not adopt or reject the proposal within that time. The
expiration date is printed in the second column of the action
pending index. Some notices, however, never expire. Those
notices are identified by the word “exempt” in the second
column. Actions pending for one year or more are preceded byan asterisk(*).
For additional information concerning any of the proposals

Agency I.D. No.

Expireslisted in the action pending index, use the identification number
to locate the text of the original notice of proposed rule making.
The identification number contains a code which identifies theagency, the issue of the Register in which the notice wasprinted, the year in which the notice was printed and the notice’s serial number. The following diagram shows how to read
identification number codes.

Agency
code
AAM

Issue
number01

Yearpublished
12

Serialnumber00001

ActionCode
P

Action codes: P — proposed rule making; EP — emergency
and proposed rule making (expiration date refers to proposedrule); RP — revised rule making

Subject Matter

Purpose of Action

AGRICULTURE AND MARKETS, DEPARTMENT OF
AAM-22-24-00010-P. . . . . . . . . . . 05/29/25

Amendment to good manufacturing practices
in the manufacture and distribution ofcommercial feed

Detailing the good manufacturing practices,hazard analysis, and risk-based preventative
controls for all commercial feed

AAM-26-24-00001-P. . . . . . . . . . . 06/26/25

Golden Nematode (Globodera Rostochiensis)
Quarantine

To lift the Golden Nematode quarantine inportions of the

ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, OFFICE OF*ASA-24-23-00021-RP. . . . . . . . . . . 09/11/24

Voluntary certification of Recovery
Residences in NYS

This Part establishes requirements for recovery
residences certified by the Office of Addiction
Services and Supports (OASAS)

AUDIT AND CONTROL, DEPARTMENT OF
AAC-34-24-00002-P. . . . . . . . . . . 08/21/25

Procedure to determine disability retirement
applications under Articles 14 and 15 of the
Retirement and Social Security Law.

To broaden committee-eligible titles andaccount for changes to the Retirement andSocial Security Law.

CANNABIS MANAGEMENT, OFFICE OF
OCM-15-24-00012-P. . . . . . . . . . . 04/10/25

Adult use regulations

To add provisions relating to the activities
which are regulated by the adult use
regulations

OCM-22-24-00002-EP. . . . . . . . . . . . exempt

Empowers the Office to take further
enforcement actions against unlicensed
cannabis activity

To address the illicit cannabis activity and takeaction to enforce the Cannabis Law

OCM-35-24-00006-P. . . . . . . . . . . 08/28/25

The packaging, labeling, marketing andadvertising of cannabis

The proposed rules establish parameters forlicensees and registrants around packaging,labeling, marketing, and advertising of
cannabis products

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Expires

Subject Matter

Purpose of Action

CHILDREN AND FAMILY SERVICES, OFFICE OF
CFS-36-23-00023-P. . . . . . . . . . . 09/05/24

Preventive Housing Subsidy

To increase the preventive services housing
subsidy for foster children living independently
from $300.00 to $725.00 a month

CIVIL SERVICE, DEPARTMENT OF
CVS-24-24-00001-P. . . . . . . . . . . 06/12/25

Jurisdictional Classification

To classify a position in the exempt class

CVS-24-24-00002-P. . . . . . . . . . . 06/12/25

Jurisdictional Classification

To delete positions from the non-competitiveclass

CVS-24-24-00003-P. . . . . . . . . . . 06/12/25

Jurisdictional Classification

To classify positions in the non-competitiveclass

CVS-24-24-00004-P. . . . . . . . . . . 06/12/25

Jurisdictional Classification

To classify a position in the non-competitiveclass

CVS-24-24-00005-P. . . . . . . . . . . 06/12/25

Jurisdictional Classification

To delete positions from the non-competitiveclass

CVS-24-24-00006-P. . . . . . . . . . . 06/12/25

Jurisdictional Classification

To delete positions from the non-competitiveclass

CVS-24-24-00007-P. . . . . . . . . . . 06/12/25

Jurisdictional Classification

To classify positions in the exempt class

CVS-24-24-00008-P. . . . . . . . . . . 06/12/25

Jurisdictional Classification

To delete positions from and classify position in
the non-competitive class

CVS-24-24-00009-P. . . . . . . . . . . 06/12/25

Jurisdictional Classification

To classify a position in the exempt class

CVS-24-24-00010-P. . . . . . . . . . . 06/12/25

Jurisdictional Classification

To delete positions from the non-competitiveclass

CVS-24-24-00011-P. . . . . . . . . . . 06/12/25

Jurisdictional Classification

To delete positions from the non-competitiveclass

CVS-24-24-00012-P. . . . . . . . . . . 06/12/25

Jurisdictional Classification

To classify a position in the non-competitiveclass

CVS-24-24-00014-P. . . . . . . . . . . 06/12/25

Jurisdictional Classification

To delete positions from the non-competitiveclass

CVS-24-24-00015-P. . . . . . . . . . . 06/12/25

Jurisdictional Classification

To delete positions from the non-competitiveclass

CVS-24-24-00016-P. . . . . . . . . . . 06/12/25

Jurisdictional Classification

To delete positions from the non-competitiveclass

CVS-24-24-00017-P. . . . . . . . . . . 06/12/25

Jurisdictional Classification

To classify positions in the exempt class

CVS-24-24-00018-P. . . . . . . . . . . 06/12/25

Jurisdictional Classification

To delete positions from the non-competitiveclass

CVS-24-24-00019-P. . . . . . . . . . . 06/12/25

Jurisdictional Classification

To delete positions from the non-competitiveclass

CVS-24-24-00020-P. . . . . . . . . . . 06/12/25

Jurisdictional Classification

To classify a position in the exempt class14

NYS Register/September 11, 2024
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Expires

Action Pending Index
Subject Matter

Purpose of Action

CIVIL SERVICE, DEPARTMENT OF
CVS-27-24-00011-P. . . . . . . . . . . 07/03/25

Jurisdictional Classification

To delete positions from the non-competitiveclass.

CVS-28-24-00001-P. . . . . . . . . . . 07/10/25

Jurisdictional Classification

To classify positions in the exempt class.

CVS-28-24-00002-P. . . . . . . . . . . 07/10/25

Jurisdictional Classification

To classify a position in the exempt class andto classify a position in the non-competitiveclass

CVS-28-24-00003-P. . . . . . . . . . . 07/10/25

Jurisdictional Classification

To classify a position in the non-competitiveclass

CVS-28-24-00004-P. . . . . . . . . . . 07/10/25

Jurisdictional Classification

To classify a position in the exempt class andto classify positions in the non-competitiveclass

CVS-28-24-00005-P. . . . . . . . . . . 07/10/25

Jurisdictional Classification

To classify a position in the non-competitiveclass

CVS-28-24-00006-P. . . . . . . . . . . 07/10/25

Jurisdictional Classification

To classify positions in the non-competitiveclass

CVS-28-24-00007-P. . . . . . . . . . . 07/10/25

Jurisdictional Classification

To classify a position in the exempt class.

CVS-28-24-00008-P. . . . . . . . . . . 07/10/25

Jurisdictional Classification

To classify a position in the non-competitiveclass

CVS-28-24-00009-P. . . . . . . . . . . 07/10/25

Jurisdictional Classification

To classify positions in the non-competitiveclass

CVS-28-24-00010-P. . . . . . . . . . . 07/10/25

Jurisdictional Classification

To classify positions in the non-competitiveclass

CVS-28-24-00011-P. . . . . . . . . . . 07/10/25

Jurisdictional Classification

To classify a position in the exempt class.

CVS-28-24-00012-P. . . . . . . . . . . 07/10/25

Jurisdictional Classification

To classify a position in the exempt class andto classify positions in the non-competitiveclass

CVS-28-24-00013-P. . . . . . . . . . . 07/10/25

Jurisdictional Classification

To classify a position in the non-competitiveclass

CVS-28-24-00014-P. . . . . . . . . . . 07/10/25

Jurisdictional Classification

To classify a position in the exempt class andto classify a position in the non-competitiveclass

CVS-28-24-00015-P. . . . . . . . . . . 07/10/25

Jurisdictional Classification

To classify positions in the exempt class.

CVS-28-24-00016-P. . . . . . . . . . . 07/10/25

Jurisdictional Classification

To classify a position in the non-competitiveclass

CVS-28-24-00017-P. . . . . . . . . . . 07/10/25

Jurisdictional Classification

To delete positions from and to classify
positions in the non-competitive class

CVS-28-24-00018-P. . . . . . . . . . . 07/10/25

Jurisdictional Classification

To classify a position in the non-competitiveclass

CVS-28-24-00019-P. . . . . . . . . . . 07/10/25

Jurisdictional Classification

To classify a position in the exempt class andto classify positions in the non-competitive
class

15

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Agency I.D. No.

NYS Register/September 11, 2024
Expires

Subject Matter

Purpose of Action

CIVIL SERVICE, DEPARTMENT OF
CVS-32-24-00002-P. . . . . . . . . . . 08/07/25

Jurisdictional Classification

To classify a position in the exempt class andto classify a position in the non-competitiveclass

CVS-32-24-00003-P. . . . . . . . . . . 08/07/25

Jurisdictional Classification

To delete positions from the non-competitiveclass

CVS-32-24-00004-P. . . . . . . . . . . 08/07/25

Jurisdictional Classification

To classify positions in the exempt class and toclassify positions in the non-competitive class

CVS-32-24-00005-P. . . . . . . . . . . 08/07/25

Jurisdictional Classification

To classify positions in the non-competitiveclass

CVS-32-24-00006-P. . . . . . . . . . . 08/07/25

Jurisdictional Classification

To classify positions in the exempt class.

CVS-32-24-00007-P. . . . . . . . . . . 08/07/25

Jurisdictional Classification

To classify a position in the exempt class.

CVS-32-24-00008-P. . . . . . . . . . . 08/07/25

Jurisdictional Classification

To classify a position in the non-competitiveclass

CVS-32-24-00009-P. . . . . . . . . . . 08/07/25

Jurisdictional Classification

To classify a position in the non-competitiveclass

CVS-32-24-00010-P. . . . . . . . . . . 08/07/25

Jurisdictional Classification

To classify positions in the exempt class.

CVS-32-24-00011-P. . . . . . . . . . . 08/07/25

Jurisdictional Classification

To delete positions from the non-competitiveclass

CVS-32-24-00012-P. . . . . . . . . . . 08/07/25

Jurisdictional Classification

To delete positions from and to classify
positions in the non-competitive class

CVS-32-24-00013-P. . . . . . . . . . . 08/07/25

Jurisdictional Classification

To delete positions from the non-competitiveclass

CVS-32-24-00014-P. . . . . . . . . . . 08/07/25

Jurisdictional Classification

To classify positions in the non-competitiveclass

CVS-32-24-00015-P. . . . . . . . . . . 08/07/25

Jurisdictional Classification

To delete positions from the non-competitiveclass

CVS-32-24-00016-P. . . . . . . . . . . 08/07/25

Jurisdictional Classification

To classify positions in the exempt class and toclassify positions in the non-competitive class

CVS-32-24-00017-P. . . . . . . . . . . 08/07/25

Jurisdictional Classification

To delete positions from and to classify
positions in the non-competitive class

CVS-32-24-00018-P. . . . . . . . . . . 08/07/25

Jurisdictional Classification

To classify positions in the exempt class.

CVS-32-24-00019-P. . . . . . . . . . . 08/07/25

Jurisdictional Classification

To delete a position from and to classify aposition in the exempt class.

CVS-32-24-00020-P. . . . . . . . . . . 08/07/25

Jurisdictional Classification

To classify positions in the non-competitiveclass

CVS-32-24-00021-P. . . . . . . . . . . 08/07/25

Jurisdictional Classification

To classify positions in the exempt class.

CVS-32-24-00022-P. . . . . . . . . . . 08/07/25

Jurisdictional Classification

To classify positions in the non-competitive
class

16

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Action Pending Index

Expires

Subject Matter

Purpose of Action

CIVIL SERVICE, DEPARTMENT OF
CVS-32-24-00023-P. . . . . . . . . . . 08/07/25

Jurisdictional Classification

To add a subheading and to classify positionsin the non-competitive class

CVS-32-24-00024-P. . . . . . . . . . . 08/07/25

Jurisdictional Classification

To delete positions from the non-competitiveclass

CVS-32-24-00025-P. . . . . . . . . . . 08/07/25

Jurisdictional Classification

To classify and/or delete a subheading andpositions in both the exempt and noncompetitive classes.

CVS-32-24-00026-P. . . . . . . . . . . 08/07/25

Jurisdictional Classification

To delete positions from the non-competitiveclass

CRIMINAL JUSTICE SERVICES, DIVISION OF
CJS-16-24-00004-P. . . . . . . . . . . 04/17/25

Registration of certain firearms, rifles,
shotguns, finished frames or receivers, andunfinished frames or receivers

To provide for a registry of firearms, shotguns,
finished or unfinished frames or receivers
serialized per Penal Law 265.07

CJS-25-24-00002-EP. . . . . . . . . . . 06/18/25

Firearm Licensing Appeals

Set forth an appeal process for when there is adenial of a firearms application, renewal, or
recertification, or revocation

EDUCATION DEPARTMENT
EDU-48-23-00013-RP. . . . . . . . . . . 11/28/24

Charter school financing

See attached.

EDU-18-24-00020-EP. . . . . . . . . . . 05/01/25

Supervisor requirements for wholesalerstransfilling medical oxygen

To implement Chapter 590 of the Laws of 2023

EDU-18-24-00021-P. . . . . . . . . . . 05/01/25

Emergency response definitions for school
safety plans

To standardize language and terminology
related to emergency procedures

EDU-21-24-00015-P. . . . . . . . . . . 05/22/25

See attached.

See attached.

EDU-21-24-00016-P. . . . . . . . . . . 05/22/25

Special education due process hearings

See attached.

EDU-21-24-00017-P. . . . . . . . . . . 05/22/25

Mixed competition and extra class athletic
activities

Sets parameters for male and female students
to participate on the same interschool athleticteam

EDU-21-24-00018-EP. . . . . . . . . . . 05/22/25

Posthumous high school diplomas

See attached.

EDU-26-24-00011-P. . . . . . . . . . . 06/26/25

Requires a doctoral degree in physicaltherapy for licensure

To Conform the Commissioner’s regulations to
Chpater 594 of the Laws of 2023

EDU-31-24-00004-EP. . . . . . . . . . . 07/31/25

Completion of the free application for Federal
Student Aid (FAFSA) by seniors enrolled inschool districts

To implement section 1 of Part C of Chpater 56of the Laws of 2024.

EDU-31-24-00005-EP. . . . . . . . . . . 07/31/25

Extending Flexibility for Incidental Teaching.

Enable school districts to address ongoing
staffing challenges by providing them withflexibility in making teaching assignments

EDU-31-24-00006-EP. . . . . . . . . . . 07/31/25

Flexibilities for supplementary certificate/supplementary bilingual education extension
requirements.

See attached.

EDU-31-24-00008-EP. . . . . . . . . . . 07/31/25

Extending the validity period of Emergency
COVID-19 certificates.

See attached.

17

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NYS Register/September 11, 2024
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Subject Matter

Purpose of Action

EDUCATION DEPARTMENT
EDU-34-24-00001-EP. . . . . . . . . . . 08/21/25

Special education due process hearings.

See attached.

Adds email or telephone number to theinformation required to be captured on acontribution card.

To assist in the verification, auditing, andprocessing of contributions in order to pay
public matching funds.

ELECTIONS, STATE BOARD OF
SBE-30-24-00001-EP. . . . . . . . . . . 07/24/25

ENVIRONMENTAL CONSERVATION, DEPARTMENT OF
ENV-49-23-00007-P. . . . . . . . . . . 02/05/25

1,4-Dioxane Limits for Household Cleansing,
Personal Care, and Cosmetic Products

Implement the maximum allowable
concentrations of 1,4-dioxane as set forth in
Article 35 and Article 37 of the ECL

ENV-02-24-00006-P. . . . . . . . . . . 03/13/25

Update to Part 494 Hydrofluorocarbon
Standards and Reporting

Reduce greenhouse gas emissions as requiredby the Climate Leadership and Community
Protection Act

ENV-02-24-00007-P. . . . . . . . . . . 03/14/25

Uses of fluorinated greenhouse gases
including sulfur hexafluoride in gas-insulated
electrical equipment

Reduce greenhouse gas emissions as requiredby the Climate Leadership and Community
Protection Act

ENV-07-24-00016-P. . . . . . . . . . . 05/15/25

Environmental Remediation Programs - State
Superfund Program, Brownfield Cleanup
Program, and Environmental Restoration
Program

To amend the Environmental Remediation
Program regulations, 6 NYCRR Part 375

ENV-08-24-00011-P. . . . . . . . . . . 04/22/25

Science-based State sea level rise projections

To establish a common source of sea-level rise
projections for consideration in relevant
programs and decision-making

ENV-16-24-00009-P. . . . . . . . . . . 06/18/25

transportation of radioactive materials

establish regulations consistent with the
Nuclear Regulatory Commission regulations
adopted in 2012, 2015, 2019, 2020, and 2021

ENV-17-24-00003-P. . . . . . . . . . . 04/24/25

Hemlock Canadice-State Forest

Protection of public safety, natural resources
and providing for public use

ENV-18-24-00024-P. . . . . . . . . . . 07/09/25

Listing process, jurisdiction determination andpermit procedures pretaining to Endangered
and Threatened species

To repromulgate previous amendments madein 2010 and 2021 in accordance with court
decision requiring public hearing

ENV-21-24-00001-EP. . . . . . . . . . . 05/22/25

Regulations governing recreational fishing for
Atlantic Striped Bass

To amend recreational fishing regulations for
Atlantic Striped Bass

ENV-24-24-00021-P. . . . . . . . . . . 06/12/25

Sporting License Issuance and Use

To enable a $1 and $2 fee for the printing
and/or mailing of plain paper hunting, fishing,
and trapping licenses

ENV-25-24-00001-EP. . . . . . . . . . . 06/18/25

Sanitary Condition of Shellfish Lands

To reclassify underwater shellfish lands toprotect public health and general welfare

ENV-28-24-00020-P. . . . . . . . . . . 07/10/25

Trout Stream Fishing Regulations

To align select trout stream regulations with
DECs Trout Stream Management Plan andamend tidal trout regulations.

ENV-28-24-00025-P. . . . . . . . . . . 09/12/25

6 NYCRR Part 664, Freshwater Wetlands
Jurisdiction and Classification

To implement 2022 amendments toEnvironmental Conservation Law Article 24

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Action Pending Index

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Subject Matter

Purpose of Action

ENVIRONMENTAL CONSERVATION, DEPARTMENT OF
ENV-29-24-00006-P. . . . . . . . . . . 09/17/25

criteria for the decommissioning of radioactive
material licensed sites

ensure DEC’s regulations are equivalent to andcompatible with regulations of the Nuclear
Regulatory Commission.

ENV-32-24-00027-P. . . . . . . . . . . 08/07/25

SPDES Incorporation by Reference

Update references that are incorporated into
the State Pollutant Discharge Elimination
System Permitting Program

ENV-32-24-00029-P. . . . . . . . . . . 10/10/25

Revision and update of the list ofendangered, threatened, and special concern
species

To update the list of species in 6 NYCRR
Section 182.5 to reflect the Department’s best
available scientific information.

FINANCIAL SERVICES, DEPARTMENT OF*DFS-17-16-00003-P. . . . . . . . . . . . exempt

Plan of Conversion by Commercial Travelers
Mutual Insurance Company

To convert a mutual accident and healthinsurance company to a stock accident andhealth insurance company*DFS-25-18-00006-P. . . . . . . . . . . . exempt

Plan of Conversion by Medical Liabilty Mutual
Insurance Company

To convert a mutual property and casualty
insurance company to a stock property andcasualty insurance company

DFS-05-24-00001-P. . . . . . . . . . . 01/30/25

Minimum Standards for Form, Content, andSale of Health Insurance, Including Standards
for Full and Fair Disclosure, et al.

To ensure that accident, hospital indemnity, andtravel insurance are not misleading and provide
substantial economic value

DFS-08-24-00001-P. . . . . . . . . . . 02/20/25

Network Adequacy and Access Standards

To establish network adequacy and accessstandards and other protections to improveaccess to behavioral health services

DFS-13-24-00003-P. . . . . . . . . . . 03/27/25

Definitions, licensing of PBMs, contractingwith network pharmacies, acquisition of
PBMs, consumer protections, and audits

Establish definitions, licensing, contracting withpharmacies, acquisition of PBMs, consumer
protections, and audit regulations

DFS-29-24-00007-P. . . . . . . . . . . 07/17/25

Principle-Based Reserving

To adopt the 2024 Valuation Manual.

DFS-32-24-00028-P. . . . . . . . . . . 08/07/25

Charges for Professional Health Services

To update the website link to the Official New
York Workers’ Compensation DME Fee
Schedule.

GAMING COMMISSION, NEW YORK STATE
SGC-25-24-00003-P. . . . . . . . . . . 06/18/25

Whip use in harness racing

To promote the health and safety of racehorses

GAMING FACILITY LOCATION BOARD, NEW YORKGFB-31-24-00016-P. . . . . . . . . . . 07/31/25

Minimum capital investment for additional
gaming facility.

To establish a minimum capital investment
amount for additional gaming facilities.

GFB-31-24-00017-P. . . . . . . . . . . 07/31/25

License fee for additional gaming facility.

To establish a license fee for additional gaming
facilities.

HEALTH, DEPARTMENT OF*HLT-14-94-00006-P. . . . . . . . . . . . exempt

Payment methodology for HIV/AIDS
outpatient services

To expand the current payment to incorporate
pricing for services

HLT-43-23-00009-P. . . . . . . . . . . 10/24/24

Nursing Home Rate Appeal Prioritization
Guidelines

To amend current appeal submission andprocessing requirements

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Subject Matter

Purpose of Action

HEALTH, DEPARTMENT OF
HLT-49-23-00001-RP. . . . . . . . . . . 12/05/24

Hospital Cybersecurity Requirements

To create cybersecurity program requirements
at all Article 28 regulated facilities

HLT-02-24-00008-P. . . . . . . . . . . 01/09/25

Network Adequacy and Access Standards for
Behavioral Health Services

To establish network adequacy and accessstandards for behavioral health services

HLT-08-24-00004-P. . . . . . . . . . . 02/20/25

General Hospital Emergency Services
Behavioral HealthHospital emergency depts to establish
policies&procedures to ident., assess, referpatients with behavioral health presentations

HLT-15-24-00003-P. . . . . . . . . . . 04/10/25

Ionizing Radiation

Compatibility with federal standards andmodernization to reflect current technology

HLT-19-24-00019-P. . . . . . . . . . . 05/08/25

Reproductive Health Care Standards

Reconciliation with Article 25-a of the Public
Health Law and alignment with evidence-based
clinical guidelines

HLT-19-24-00020-P. . . . . . . . . . . 05/08/25

Adult Home Admission and Reporting
Requirements

To clarify the pre-admission screening process
and strengthen the reporting of residents withserious mental illness diagnoses

HLT-20-24-00008-P. . . . . . . . . . . 05/15/25

In-Person Medical Evaluation Requirements
and Exceptions for Controlled SubstancePrescribing

To clarify patient evaluation requirements withregards to the issuance of a controlled
substance prescription

HLT-23-24-00001-P. . . . . . . . . . . 06/05/25

Disease Outbreak Investigation andResponse Clarifications

Authorizes NYSDOH to provide flexibilities to
LHDs to prioritize reportable diseases thatneed to be fully investigated

HLT-26-24-00012-P. . . . . . . . . . . 06/26/25

Provider Enrollment and Collection of Patient
Consent to Access Medicaid Confidential
Data in the SHIN-NY

To clarify that providers of medical goods andservices, rather than the QEs, are required toenroll in the Medicaid program

HLT-27-24-00001-P. . . . . . . . . . . 07/03/25

Contingent Reserve Requirements forManaged Care Organizations (MCOs)

Maintains the contingent reserve requirement
at 7.25% through 2025 applied to the Medicaid
Managed Care, HIV SNP & HARP programs

HLT-28-24-00021-P. . . . . . . . . . . 07/10/25

Emergency Medical Services Equipment
Requirements for Certified Ambulance andEmergency Ambulance Service Vehicles

To update requirements to meet current
industry standards that address patient andprovider safety & manufacturing guidelines.

HLT-32-24-00001-P. . . . . . . . . . . 08/07/25

Program for All-Inclusive Care for the Elderly(PACE) Licensure

To set up the licensure and establishment
requirements for the unified PACE program
licensure.

Pay Transparency in Job Advertisements

To increase pay transparency in job
advertisements pursuant to Labor Law § 194-b

LABOR, DEPARTMENT OF
LAB-37-23-00003-P. . . . . . . . . . . 09/12/24

LONG ISLAND POWER AUTHORITY*LPA-08-01-00003-P. . . . . . . . . . . . exempt

Pole attachments and related matters

To approve revisions to the authority’s tariff*LPA-41-02-00005-P. . . . . . . . . . . . exempt

Tariff for electric service

To revise the tariff for electric service*LPA-04-06-00007-P. . . . . . . . . . . . exempt

Tariff for electric service

To adopt provisions of a ratepayer protection
plan

20

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Expires

Action Pending Index
Subject Matter

Purpose of Action

LONG ISLAND POWER AUTHORITY*LPA-03-10-00004-P. . . . . . . . . . . . exempt

Residential late payment charges

To extend the application of late payment
charges to residential customers*LPA-15-18-00013-P. . . . . . . . . . . . exempt

Outdoor area lighting

To add an option and pricing for efficient LED
lamps to the Authority’s outdoor area lighting*LPA-37-18-00013-P. . . . . . . . . . . . exempt

The net energy metering provisions of the
Authority’s Tariff for Electric Service

To implement PSC guidance increasing
eligibility for value stack compensation to larger
projects*LPA-37-18-00017-P. . . . . . . . . . . . exempt

The treatment of electric vehicle charging in
the Authority’s Tariff for Electric Service

To effectuate the outcome of the Public Service
Commission’s proceeding on electric vehicle
supply equipment*LPA-37-18-00018-P. . . . . . . . . . . . exempt

The treatment of energy storage in the
Authority’s Tariff for Electric Service

To effectuate the outcome of the Public Service
Commission’s proceeding on the NY Energy
Storage Roadmap*LPA-09-20-00010-P. . . . . . . . . . . . exempt

To update and implement latest requirements
for ESCOs proposing to do business within
the Authority’s service territory

To strengthen customer protections and beconsistent with Public Service Commission
orders on retail energy markets*LPA-28-20-00033-EP. . . . . . . . . . . . exempt

LIPA’s late payment charges, reconnection
charges, and low-income customer discountenrollment

To allow waiver of late payment andreconnection charges and extend the grace
period for re-enrolling in customer bill discounts*LPA-37-20-00013-EP. . . . . . . . . . . . exempt

The terms of deferred payment agreements
available to LIPA’s commercial customers

To expand eligibility for and ease the terms ofdeferred payment agreements for LIPA’s
commercial customers*LPA-12-21-00011-P. . . . . . . . . . . . exempt

LIPA’s Long Island Choice (retail choice) tariff

To simplify and improve Long Island Choicebased on stakeholder collaborative input*LPA-17-22-00012-P. . . . . . . . . . . . exempt

COVID-19 arrears forgiveness and lowincome customer discount eligibility

To implement an arrears forgiveness programand expand low-income customer discounteligibility*LPA-17-22-00014-P. . . . . . . . . . . . exempt

LIPA’s delivery service adjustment cost
recovery rider

To ensure recovery of T&D property tax
expenses consistent with the LIPA Reform Act,at the lowest cost to LIPA customers

LPA-39-23-00025-P. . . . . . . . . . . . exempt

The Small Generator Interconnection
Procedures in the Authority’s Tariff fo

To update the small generator interconnection
procedures consistent with Public Service
Commission guidance

LPA-46-23-00011-P. . . . . . . . . . . . exempt

12-month Bill Protection Guarantee

To broaden applicability of Bill Protection
Guarantee to all customers that enroll in Rate
Code 194 or 195 by last migration

LPA-29-24-00003-P. . . . . . . . . . . . exempt

IEDR Limitation of Liability

LIPA proposes to modify the Tariff to limit
liability consistent with tariff amendments filedby the Joint Utilities.

MENTAL HEALTH, OFFICE OF*OMH-35-23-00001-P. . . . . . . . . . . 08/29/24

COVID-19 Vaccination Program

To Repeal Part 557

OMH-36-23-00030-P. . . . . . . . . . . 09/05/24

Use of Telehealth in Crisis Stabilization
Centers

To establish regulations regarding the use of
Telehealth in Crisis Stabilization Centers21Action Pending Index
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Purpose of Action

MENTAL HEALTH, OFFICE OF
OMH-04-24-00006-RP. . . . . . . . . . . 01/23/25

Admission and Discharge Criteria for
Psychiatric Inpatient Units of General
Hospitals

To standardize admissions and discharges

OMH-04-24-00007-RP. . . . . . . . . . . 01/23/25

Admission and Discharge Criteria forComprehensive Psychiatric Emergency
Programs

To standardize admissions and discharges

OMH-04-24-00008-RP. . . . . . . . . . . 01/23/25

Admission and Discharge Criteria for
Hospitals for Persons with Mental Illness

To standardize admissions and discharges

OMH-15-24-00002-P. . . . . . . . . . . 04/10/25

Prior Approval Review Process

To update the Prior Approval Review Process

OMH-16-24-00001-P. . . . . . . . . . . 04/17/25

To clarify reimbursement methodologies

To provide for reimbursement methodologies
which comply with parity laws

OMH-18-24-00001-P. . . . . . . . . . . 05/01/25

To provide programs the flexibility in theprovisions of both medical and mental healthservices

To raise the limitation on the total number ofannual visits for which a program licensed
solely under Article 31 may provide

MOTOR VEHICLES, DEPARTMENT OF
MTV-36-23-00031-RP. . . . . . . . . . . 12/04/24

Point System & Licensing or Relicensing After
Revocation Action

To assign a point value for alcohol related
convictions & increase point values andnegative units for certain violations

MTV-21-24-00002-P. . . . . . . . . . . 05/22/25

Safety Equipment Exemptions

To allow use of properly functioning video
mirrors on a commercial motor vehicle as analternative to the 2 rear view mirrors

NIAGARA FALLS WATER BOARD*NFW-04-13-00004-EP. . . . . . . . . . . . exempt

Adoption of Rates, Fees and Charges

To pay for the increased costs necessary tooperate, maintain and manage the system, andto achieve covenants with bondholders*NFW-13-14-00006-EP. . . . . . . . . . . . exempt

Adoption of Rates, Fees and Charges

To pay for increased costs necessary tooperate, maintain and manage the system andto achieve covenants with the bondholders*NFW-52-22-00004-EP. . . . . . . . . . . . exempt

Adoption of Rates, Fees, and Charges

To pay for increased costs necessary tooperate, maintain, and manage the system,and to meet covenants with the bondholders

OGDENSBURG BRIDGE AND PORT AUTHORITY*OBA-33-18-00019-P. . . . . . . . . . . . exempt

Increase in Bridge Toll Structure

To increase bridge toll revenue in order tobecome financially self-supporting. Our bridge
operations are resulting in deficit*OBA-07-19-00019-P. . . . . . . . . . . . exempt

Increase in Bridge Toll Structure

To increase bridge toll revenue in order tobecome financially self-supporting. Our bridge
operations are resulting in deficit

PEOPLE WITH DEVELOPMENTAL DISABILITIES, OFFICE FOR
PDD-29-24-00002-P

22. . . . . . . . . . . 07/17/25

Specialty Hospitals

To clarify requirements and better meet needsof individuals with I/DD seeking treatment at
specialty hospitals

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Subject Matter

Purpose of Action

PEOPLE WITH DEVELOPMENTAL DISABILITIES, OFFICE FOR
PDD-31-24-00001-P. . . . . . . . . . . 07/31/25

Pathway to Employment

To update the pathway to employment
regulations as NY becomes an employment
first state.

PDD-31-24-00014-P. . . . . . . . . . . 07/31/25

Support Decision Making

To effectuate the adoption of supported
decision-making practices within the OPWDD
service system.

POWER AUTHORITY OF THE STATE OF NEW YORK
*PAS-01-10-00010-P. . . . . . . . . . . . exempt

Rates for the sale of power and energy

Update ECSB Programs customers’ service
tariffs to streamline them/include additional
required information

PROSECUTORIAL CONDUCT, COMMISSION ON
CPC-17-24-00010-P. . . . . . . . . . . 04/24/25

Operating Rules and Procedures

To provide the operating rules and proceduresfor the Commission on Prosecutorial Conduct

PUBLIC EMPLOYMENT RELATIONS BOARD
PRB-29-24-00001-P. . . . . . . . . . . 07/17/25

Clarification of PERB’s Rules of Procedure.

To clarify that Section 263.34 of PERB’s Rulesof Procedure comports with the First
Amendment and relevant case law.

PUBLIC SERVICE COMMISSION*PSC-09-99-00012-P. . . . . . . . . . . . exempt

Transfer of books and records by Citizens
Utilities Company

To relocate Ogden Telephone Company’sbooks and records out-of-state*PSC-15-99-00011-P. . . . . . . . . . . . exempt

Electronic tariff by Woodcliff Park Corp.

To replace the company’s current tariff with anelectronic tariff*PSC-12-00-00001-P. . . . . . . . . . . . exempt

Winter bundled sales service election date byCentral Hudson Gas & Electric Corporation

To revise the date

*PSC-44-01-00005-P. . . . . . . . . . . . exempt

Annual reconciliation of gas costs by Corning
Natural Gas Corporation

To authorize the company to include certaingas costs*PSC-07-02-00032-P. . . . . . . . . . . . exempt

Uniform business practices

To consider modification*PSC-36-03-00010-P. . . . . . . . . . . . exempt

Performance assurance plan by Verizon New
York

To consider changes*PSC-40-03-00015-P. . . . . . . . . . . . exempt

Receipt of payment of bills by St. Lawrence
Gas Company

To revise the process*PSC-41-03-00010-P. . . . . . . . . . . . exempt

Annual reconciliation of gas expenses andgas cost recoveries

To consider filings of various LDCs andmunicipalities*PSC-41-03-00011-P. . . . . . . . . . . . exempt

Annual reconciliation of gas expenses andgas cost recoveries

To consider filings of various LDCs andmunicipalities*PSC-44-03-00009-P. . . . . . . . . . . . exempt

Retail access data between jurisdictional
utilities

To accommodate changes in retail accessmarket structure or commission mandates*PSC-02-04-00008-P. . . . . . . . . . . . exempt

Delivery rates for Con Edison’s customers in
New York City and Westchester County by
the City of New YorkTo rehear the Nov. 25, 2003 order23

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Subject Matter

Purpose of Action

PUBLIC SERVICE COMMISSION*PSC-06-04-00009-P. . . . . . . . . . . . exempt

Transfer of ownership interest by SCS Energy
LLC and AE Investors LLC

To transfer interest in Steinway Creek Electric
Generating Company LLC to AE Investors LLC*PSC-10-04-00005-P. . . . . . . . . . . . exempt

Temporary protective order

To consider adopting a protective order*PSC-10-04-00008-P. . . . . . . . . . . . exempt

Interconnection agreement between Verizon
New York Inc. and VIC-RMTS-DC, L.L.C.
d/b/a Verizon Avenue

To amend the agreement*PSC-14-04-00008-P. . . . . . . . . . . . exempt

Submetering of natural gas service toindustrial and commercial customers by
Hamburg Fairgrounds

To submeter gas service to commercial
customers located at the Buffalo Speedway*PSC-15-04-00022-P. . . . . . . . . . . . exempt

Submetering of electricity by Glenn Gardens
Associates, L.P.

To permit submetering at 175 W. 87th St., New
York, NY

*PSC-21-04-00013-P. . . . . . . . . . . . exempt

Verizon performance assurance plan by
Metropolitan Telecommunications

To clarify the appropriate performance level*PSC-22-04-00010-P. . . . . . . . . . . . exempt

Approval of new types of electricity meters by
Powell Power Electric Company

To permit the use of the PE-1250 electronic
meter*PSC-22-04-00013-P. . . . . . . . . . . . exempt

Major gas rate increase by Consolidated
Edison Company of New York, Inc.

To increase annual gas revenues*PSC-22-04-00016-P. . . . . . . . . . . . exempt

Master metering of water by South Liberty
Corporation

To waive the requirement for installation of
separate water meters*PSC-25-04-00012-P. . . . . . . . . . . . exempt

Interconnection agreement between Frontier
Communications of Ausable Valley, Inc., et al.
and Sprint Communications Company, L.P.

To amend the agreement*PSC-27-04-00008-P. . . . . . . . . . . . exempt

Interconnection agreement between Verizon
New York Inc. and various Verizon wirelessaffiliates

To amend the agreement*PSC-27-04-00009-P. . . . . . . . . . . . exempt

Interconnection agreement between Verizon
New York Inc. and various Verizon wirelessaffiliates

To amend the agreement*PSC-28-04-00006-P. . . . . . . . . . . . exempt

Approval of loans by Dunkirk & Fredonia
Telephone Company and Cassadaga
Telephone Corporation

To authorize participation in the parent
corporation’s line of credit*PSC-31-04-00023-P. . . . . . . . . . . . exempt

Distributed generation service by
Consolidated Edison Company of New York,Inc.

To provide an application form

*PSC-34-04-00031-P. . . . . . . . . . . . exempt

Flat rate residential service by Emerald Green
Lake Louise Marie Water Company, Inc.

To set appropriate level of permanent rates*PSC-35-04-00017-P. . . . . . . . . . . . exempt

Application form for distributed generation by
Orange and Rockland Utilities, Inc.

To establish a new supplementary application
form for customers*PSC-43-04-00016-P. . . . . . . . . . . . exempt

Accounts recievable by Rochester Gas andElectric Corporation

To include in its tariff provisions for thepurchase of ESCO accounts recievable*PSC-46-04-00012-P. . . . . . . . . . . . exempt

Service application form by Consolidated
Edison Company of New York, Inc.

To revise the form and make housekeepingchanges24

NYS Register/September 11, 2024
Agency I.D. No.

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Action Pending Index
Subject Matter

Purpose of Action

PUBLIC SERVICE COMMISSION*PSC-46-04-00013-P. . . . . . . . . . . . exempt

Rules and guidelines governing installation ofmetering equipment

To establish uniform statewide businesspractices*PSC-02-05-00006-P. . . . . . . . . . . . exempt

Violation of the July 22, 2004 order by
Dutchess Estates Water Company, Inc.

To consider imposing remedial actions against
the company and its owners, officers anddirectors*PSC-09-05-00009-P. . . . . . . . . . . . exempt

Submetering of natural gas service by Hamlet
on Olde Oyster Bay

To consider submetering of natural gas to acommercial customer*PSC-14-05-00006-P. . . . . . . . . . . . exempt

Request for deferred accounting authorization
by Freeport Electric Inc.

To defer expenses beyond the end of the fiscal
year*PSC-18-05-00009-P. . . . . . . . . . . . exempt

Marketer Assignment Program by
Consolidated Edison Company of New York,Inc.

To implement the program*PSC-20-05-00028-P. . . . . . . . . . . . exempt

Delivery point aggregation fee by Allied
Frozen Storage, Inc.

To review the calculation of the fee*PSC-25-05-00011-P. . . . . . . . . . . . exempt

Metering, balancing and cashout provisions
by Central Hudson Gas & Electric Corporation

To establish provisions for gas customers
taking service under Service Classification Nos.
8, 9 and 11*PSC-27-05-00018-P. . . . . . . . . . . . exempt

Annual reconciliation of gas costs by New
York State Electric & Gas Corporation

To consider the manner in which the gas cost
incentive mechanism has been applied*PSC-41-05-00013-P. . . . . . . . . . . . exempt

Annual reconciliation of gas expenses andgas cost recoveries by local distribution
companies and municipalities

To consider the filings*PSC-45-05-00011-P. . . . . . . . . . . . exempt

Treatment of lost and unaccounted gas costs
by Corning Natural Gas Corporation

To defer certain costs*PSC-46-05-00015-P. . . . . . . . . . . . exempt

Sale of real and personal property by the
Brooklyn Union Gas Company d/b/a KeySpan
Energy Delivery New York and Steel Arrow,
LLC

To consider the sale

*PSC-47-05-00009-P. . . . . . . . . . . . exempt

Transferral of gas supplies by Corning Natural
Gas Corporation

To approve the transfer*PSC-50-05-00008-P. . . . . . . . . . . . exempt

Long-term debt by Saratoga Glen Hollow
Water Supply Corp.

To obtain long-term debt

*PSC-04-06-00024-P. . . . . . . . . . . . exempt

Transfer of ownership interests by Mirant NYGen LLC and Orange and Rockland Utilities,
Inc.

To approve of the transfer*PSC-06-06-00015-P. . . . . . . . . . . . exempt

Gas curtailment policies and procedures

To examine the manner and extent to which
gas curtailment policies and procedures should
be modified and/or established*PSC-07-06-00009-P. . . . . . . . . . . . exempt

Modification of the current Environmental
Disclosure Program

To include an attributes accounting system*PSC-22-06-00019-P. . . . . . . . . . . . exempt

Hourly pricing by National Grid

To assess the impacts*PSC-22-06-00020-P. . . . . . . . . . . . exempt

Hourly pricing by New York State Electric &Gas Corporation

To assess the impacts

25

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NYS Register/September 11, 2024
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Subject Matter

Purpose of Action

PUBLIC SERVICE COMMISSION*PSC-22-06-00021-P. . . . . . . . . . . . exempt

Hourly pricing by Rochester Gas & Electric
Corporation

To assess the impacts*PSC-22-06-00022-P. . . . . . . . . . . . exempt

Hourly pricing by Consolidated Edison
Company of New York, Inc.

To assess the impacts*PSC-22-06-00023-P. . . . . . . . . . . . exempt

Hourly pricing by Orange and Rockland
Utilities, Inc.

To assess the impacts*PSC-24-06-00005-EP. . . . . . . . . . . . exempt

Supplemental home energy assistancebenefits

To extend the deadline to Central Hudson’s
low-income customers*PSC-25-06-00017-P. . . . . . . . . . . . exempt

Purchased power adjustment by Massena
Electric Department

To revise the method of calculating thepurchased power adjustment and update thefactor of adjustment*PSC-34-06-00009-P. . . . . . . . . . . . exempt

Inter-carrier telephone service quality
standards and metrics by the Carrier Working
Group

To incorporate appropriate modifications*PSC-37-06-00015-P. . . . . . . . . . . . exempt

Procedures for estimation of customer bills byRochester Gas and Electric Corporation

To consider estimation procedures*PSC-37-06-00017-P. . . . . . . . . . . . exempt

Procedures for estimation of customer bills byRochester Gas and Electric Corporation

To consider estimation procedures*PSC-43-06-00014-P. . . . . . . . . . . . exempt

Electric delivery services by Strategic PowerManagement, Inc.

To determine the proper mechanism for the
rate-recovery of costs*PSC-04-07-00012-P. . . . . . . . . . . . exempt

Petition for rehearing by Orange andRockland Utilities, Inc.

To clarify the order*PSC-06-07-00015-P. . . . . . . . . . . . exempt

Meter reading and billing practices by Central
Hudson Gas & Electric Corporation

To continue current meter reading and billing
practices for electric service*PSC-06-07-00020-P. . . . . . . . . . . . exempt

Meter reading and billing practices by Central
Hudson Gas & Electric Corporation

To continue current meter reading and billing
practices for gas service*PSC-11-07-00010-P. . . . . . . . . . . . exempt

Investigation of the electric power outages by
the Consolidated Edison Company of New
York, Inc.

To implement the recommendations in thestaff’s investigation*PSC-11-07-00011-P. . . . . . . . . . . . exempt

Storm-related power outages by Consolidated
Edison Company of New York, Inc.

To modify the company’s response to power
outages, the timing for any such changes andother related matters*PSC-17-07-00008-P. . . . . . . . . . . . exempt

Interconnection agreement between Verizon
New York Inc. and BridgeCom International,Inc.

To amend the agreement*PSC-18-07-00010-P. . . . . . . . . . . . exempt

Existing electric generating stations by
Independent Power Producers of New York,Inc.

To repower and upgrade existing electric
generating stations owned by Rochester Gas
and Electric Corporation*PSC-20-07-00016-P. . . . . . . . . . . . exempt

Tariff revisions and making rates permanent
by New York State Electric & Gas Corporation

To seek rehearing*PSC-21-07-00007-P. . . . . . . . . . . . exempt

Natural Gas Supply and Acquisition Plan by
Corning Natural Gas Corporation

To revise the rates, charges, rules andregulations for gas service

26

NYS Register/September 11, 2024
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Subject Matter

Purpose of Action

PUBLIC SERVICE COMMISSION*PSC-22-07-00015-P. . . . . . . . . . . . exempt

Demand Side Management Program by
Consolidated Edison Company of New York,Inc.

To recover incremental program costs and lost
revenue*PSC-23-07-00022-P. . . . . . . . . . . . exempt

Supplier, transportation, balancing andaggregation service by National Fuel Gas
Distribution Corporation

To explicitly state in the company’s tariff thatthe threshold level of elective upstream
transmission capacity is a maximum of 112,600
Dth/day of marketer-provided upstream
capacity*PSC-24-07-00012-P. . . . . . . . . . . . exempt

Gas Efficiency Program by the City of New
York

To consider rehearing a decision establishing a
Gas Efficiency Program*PSC-39-07-00017-P. . . . . . . . . . . . exempt

Gas bill issuance charge by New York StateElectric & Gas Corporation

To create a gas bill issuance charge unbundledfrom delivery rates*PSC-41-07-00009-P. . . . . . . . . . . . exempt

Submetering of electricity rehearing

To seek reversal*PSC-42-07-00012-P. . . . . . . . . . . . exempt

Energy efficiency program by Orange andRockland Utilities, Inc.

To consider any energy efficiency program for
Orange and Rockland Utilities, Inc.’s electric
service*PSC-42-07-00013-P. . . . . . . . . . . . exempt

Revenue decoupling by Orange and Rockland
Utilities, Inc.

To consider a revenue decoupling mechanism
for Orange and Rockland Utilities, Inc.

*PSC-45-07-00005-P. . . . . . . . . . . . exempt

Customer incentive programs by Orange andRockland Utilities, Inc.

To establish a tariff provision*PSC-02-08-00006-P. . . . . . . . . . . . exempt

Additional central office codes in the 315 area
code region

To consider options for making additional
codes*PSC-04-08-00010-P. . . . . . . . . . . . exempt

Granting of easement rights on utility property
by Central Hudson Gas & Electric Corporation

To grant easement rights to Millennium Pipeline
Company, L.L.C.

*PSC-04-08-00012-P. . . . . . . . . . . . exempt

Marketing practices of energy service
companies by the Consumer Protection Board
and New York City Department of Consumer
Affairs

To consider modifying the commission’s
regulation over marketing practices of energy
service companies*PSC-08-08-00016-P. . . . . . . . . . . . exempt

Transfer of ownership by Entergy Nuclear
Fitzpatrick LLC, et al.

To consider the transfer*PSC-12-08-00019-P. . . . . . . . . . . . exempt

Extend the provisions of the existing electricrate plan by Rochester Gas and Electric
Corporation

To consider the request*PSC-12-08-00021-P. . . . . . . . . . . . exempt

Extend the provisions of the existing gas rate
plan by Rochester Gas and Electric
Corporation

To consider the request*PSC-13-08-00011-P. . . . . . . . . . . . exempt

Waiver of commission policy and NYSEG
tariff by Turner Engineering, PC

To grant or deny Turner’s petition*PSC-13-08-00012-P. . . . . . . . . . . . exempt

Voltage drops by New York State Electric &Gas Corporation

To grant or deny the petition*PSC-23-08-00008-P. . . . . . . . . . . . exempt

Petition requesting rehearing and clarificationof the commission’s April 25, 2008 orderdenying petition of public utility law project

To consider whether to grant or deny, in whole
or in part, the May 7, 2008 Public Utility Law
Project (PULP) petition for rehearing andclarification of the commission’s April 25, 2008
order denying petition of Public Utility Law
Project

27

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Purpose of Action

PUBLIC SERVICE COMMISSION*PSC-25-08-00007-P. . . . . . . . . . . . exempt

Policies and procedures regarding theselection of regulatory proposals to meet
reliability needs

To establish policies and procedures regarding
the selection of regulatory proposals to meet
reliability needs*PSC-25-08-00008-P. . . . . . . . . . . . exempt

Report on Callable Load Opportunities

Rider U report assessing callable load
opportunities in New York City and Westchester
County during the next 10 years*PSC-28-08-00004-P. . . . . . . . . . . . exempt

Con Edison’s procedure for providing
customers access to their account information

To consider Con Edison’s implementation planand timetable for providing customers accessto their account information*PSC-31-08-00025-P. . . . . . . . . . . . exempt

Recovery of reasonable DRS costs from thecost mitigation reserve (CMR)

To authorize recovery of the DRS costs fromthe CMR*PSC-32-08-00009-P. . . . . . . . . . . . exempt

The ESCO referral program for KEDNY to be
implemented by October 1, 2008

To approve, reject or modify, in whole or inpart, KEDNY’s recommended ESCO referralprogram*PSC-33-08-00008-P. . . . . . . . . . . . exempt

Noble Allegany’s request for lightened
regulation

To consider Noble Allegany’s request forlightened regulation as an electric corporation*PSC-36-08-00019-P. . . . . . . . . . . . exempt

Land Transfer in the Borough of Manhattan,
New York

To consider petition for transfer of real property
to NYPH*PSC-39-08-00010-P. . . . . . . . . . . . exempt

RG&E’s economic development plan andtariffs

Consideration of the approval of RG&E’s
economic development plan and tariffs*PSC-40-08-00010-P. . . . . . . . . . . . exempt

Loans from regulated company to its parent

To determine if the cash management program
resulting in loans to the parent should beapproved*PSC-41-08-00009-P. . . . . . . . . . . . exempt

Transfer of control of cable TV franchise

To determine if the transfer of control ofMargaretville’s cable TV subsidiary should beapproved*PSC-43-08-00014-P. . . . . . . . . . . . exempt

Annual Reconcilliation of Gas Expenses and
Gas Cost Recoveries

The filings of various LDCs and municipalities
regarding their Annual Reconciliation of Gas
Expenses and Gas Cost Recoveries*PSC-46-08-00008-P. . . . . . . . . . . . exempt

Property transfer in the Village of Avon, NewYork

To consider a petition for the transfer of street
lighting and attached equipment to the Villageof Avon, New York

*PSC-46-08-00010-P. . . . . . . . . . . . exempt

A transfer of indirect ownership interests innuclear generation facilities

Consideration of approval of a transfer ofindirect ownership interests in nuclear
generation facilities*PSC-46-08-00014-P. . . . . . . . . . . . exempt

The attachment of cellular antennae to anelectric transmission tower

To approve, reject or modify the request for
permission to attach cellular antennae to anelectric transmission tower*PSC-48-08-00005-P. . . . . . . . . . . . exempt

A National Grid high efficiency gas heating
equipment rebate program

To expand eligibility to customers convertingfrom oil to natural gas*PSC-48-08-00008-P. . . . . . . . . . . . exempt

Petition for the master metering andsubmetering of electricity

To consider the request of Bay City Metering,to master meter & submeter electricity at 345
E. 81st St., New York, New York

*PSC-48-08-00009-P. . . . . . . . . . . . exempt

Petition for the submetering of electricity

To consider the request of PCV/ST to submeterelectricity at Peter Cooper Village & StuyvesantTown, New York, New York28

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Action Pending Index
Subject Matter

Purpose of Action

PUBLIC SERVICE COMMISSION*PSC-50-08-00018-P. . . . . . . . . . . . exempt

Market Supply Charge

A study on the implementation of a revised
Market Supply Charge*PSC-51-08-00006-P. . . . . . . . . . . . exempt

Commission’s October 27, 2008 Order on
Future of Retail Access Programs in Case
07-M-0458

To consider a Petition for rehearing of theCommission’s October 27, 2008 Order in Case
07-M-0458*PSC-51-08-00007-P. . . . . . . . . . . . exempt

Commission’s October 27, 2008 Order inCases 98-M-1343, 07-M-1514 and 08-G-0078

To consider Petitions for rehearing of theCommission’s October 27, 2008 Order inCases 98-M-1343, 07-M-1514 and 08-G-0078*PSC-53-08-00011-P. . . . . . . . . . . . exempt

Use of deferred Rural Telephone Bank funds

To determine if the purchase of a softswitch by
Hancock is an appropriate use of deferred
Rural Telephone Bank funds*PSC-53-08-00012-P. . . . . . . . . . . . exempt

Transfer of permanent and temporary
easements at 549-555 North Little Tor Road,
New City, NY

Transfer of permanent and temporary
easements at 549-555 North Little Tor Road,
New City, NY*PSC-53-08-00013-P. . . . . . . . . . . . exempt

To transfer common stock and ownership

To consider transfer of common stock andownership*PSC-01-09-00015-P. . . . . . . . . . . . exempt

FCC decision to redefine service area of
Citizens/Frontier

Review and consider FCC proposed
redefinition of Citizens/Frontier service area

*PSC-02-09-00010-P. . . . . . . . . . . . exempt

Competitive classification of independent local
exchange company, and regulatory relief
appropriate thereto

To determine if Chazy & Westport Telephone
Corporation more appropriately belongs in
scenario 1 rather than scenario 2*PSC-05-09-00008-P. . . . . . . . . . . . exempt

Revenue allocation, rate design, performance
metrics, and other non-revenue requirement
issuesTo consider any remaining non-revenue
requirement issues related to the Company’s
May 9, 2008 tariff filing*PSC-05-09-00009-P. . . . . . . . . . . . exempt

Numerous decisions involving the steam
system including cost allocation, energy
efficiency and capital projects

To consider the long term impacts on steam
rates and on public policy of various options
concerning the steam system*PSC-06-09-00007-P. . . . . . . . . . . . exempt

Interconnection of the networks between
Frontier Comm. and WVT Communications
for local exchange service and exchange
accessTo review the terms and conditions of thenegotiated agreement between Frontier Comm.
and WVT Comm.

*PSC-07-09-00015-P. . . . . . . . . . . . exempt

Transfer certain utility assets located in the
Town of Montgomery from plant held for
future use to non-utility property

To consider the request to transfer certain
utility assets located in the Town ofMontgomery to non-utility assets*PSC-07-09-00017-P. . . . . . . . . . . . exempt

Request for authorization to defer theincremental costs incurred in the restoration
work resulting from the ice storm

To allow the company to defer the incremental
costs incurred in the restoration work resulting
from the ice storm*PSC-07-09-00018-P. . . . . . . . . . . . exempt

Whether to permit the submetering of natural
gas service to an industrial and commercial
customer at Cooper Union, New York, NY

To consider the request of Cooper Union, tosubmeter natural gas at 41 Cooper Square,
New York, New York

*PSC-12-09-00010-P. . . . . . . . . . . . exempt

Charges for commodity

To charge customers for commodity costs*PSC-12-09-00012-P. . . . . . . . . . . . exempt

Charges for commodity

To charge customers for commodity costs*PSC-13-09-00008-P. . . . . . . . . . . . exempt

Options for making additional central officecodes available in the 718/347 numbering
plan area

To consider options for making additional
central office codes available in the 718/347
numbering plan area

29

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NYS Register/September 11, 2024
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Subject Matter

Purpose of Action

PUBLIC SERVICE COMMISSION*PSC-14-09-00014-P. . . . . . . . . . . . exempt

The regulation of revenue requirements formunicipal utilities by the Public Service
Commission

To determine whether the regulation of revenue
requirements for municipal utilities should be
modified*PSC-16-09-00010-P. . . . . . . . . . . . exempt

Petition for the submetering of electricity

To consider the request of AMPS on behalf ofPark Imperial to submeter electricity at 230 W.
56th Street, in New York, New York

*PSC-16-09-00020-P. . . . . . . . . . . . exempt

Whether SUNY’s core accounts should be
exempt from the mandatory assignment oflocal distribution company (LDC) capacity

Whether SUNY’s core accounts should be
exempt from the mandatory assignment oflocal distribution company (LDC) capacity*PSC-17-09-00010-P. . . . . . . . . . . . exempt

Whether to permit the use of Elster REX2
solid state electric meter for use in residential
and commerical accounts

To permit electric utilities in New York State touse the Elster REX2

*PSC-17-09-00011-P. . . . . . . . . . . . exempt

Whether Brooklyn Navy Yard Cogeneration
Partners, L.P. should be reimbursed by Con
Edison for past and future use taxes

Whether Brooklyn Navy Yard Cogeneration
Partners, L.P. should be reimbursed by Con
Edison for past and future use taxes*PSC-17-09-00012-P. . . . . . . . . . . . exempt

Petition for the submetering of gas atcommercial property

To consider the request of Turner Construction,
to submeter natural gas at 550 Short Ave., &10 South St., Governors Island, NY*PSC-17-09-00014-P. . . . . . . . . . . . exempt

Benefit-cost framework for evaluating AMI
programs prepared by the DPS Staff

To consider a benefit-cost framework forevaluating AMI programs prepared by the DPS
Staff*PSC-17-09-00015-P. . . . . . . . . . . . exempt

The construction of a tower for wirelessantennas on land owned by National Grid

To approve, reject or modify the petition tobuild a tower for wireless antennas in the Townof Onondaga*PSC-18-09-00012-P. . . . . . . . . . . . exempt

Petition for rehearing of Order approving thesubmetering of electricity

To consider the request of Frank Signore torehear petition to submeter electricity at One
City Place in White Plains, New York

*PSC-18-09-00013-P. . . . . . . . . . . . exempt

Petition for the submetering of electricity

To consider the request of Living Opportunities
of DePaul to submeter electricity at E. Main St.
located in Batavia, New York

*PSC-18-09-00017-P. . . . . . . . . . . . exempt

Approval of an arrangement for attachment of
wireless antennas to the utility’s transmission
facilities in the City of Yonkers

To approve, reject or modify the petition for the
existing wireless antenna attachment to theutility’s transmission tower*PSC-20-09-00016-P. . . . . . . . . . . . exempt

The recovery of, and accounting for, costs
associated with the Companies’ advanced
metering infrastructure (AMI) pilots etc

To consider a filing of the Companies as to therecovery of, and accounting for, costs
associated with it’s AMI pilots etc*PSC-20-09-00017-P. . . . . . . . . . . . exempt

The recovery of, and accounting for, costs
associated with CHG&E’s AMI pilot program

To consider a filing of CHG&E as to therecovery of, and accounting for, costs
associated with it’s AMI pilot program*PSC-22-09-00011-P. . . . . . . . . . . . exempt

Cost allocation for Consolidated Edison’s East
River Repowering Project

To determine whether any changes are
warranted in the cost allocation of Consolidated
Edison’s East River Repowering Project*PSC-25-09-00005-P. . . . . . . . . . . . exempt

Whether to grant, deny, or modify, in whole orin part, the petition

Whether to grant, deny, or modify, in whole orin part, the petition*PSC-25-09-00006-P. . . . . . . . . . . . exempt

Electric utility implementation plans for
proposed web based SIR application process
and project status database

To determine if the proposed web based SIR
systems are adequate and meet requirements
needed for implementation

30

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Subject Matter

Purpose of Action

PUBLIC SERVICE COMMISSION*PSC-25-09-00007-P. . . . . . . . . . . . exempt

Electric rates for Consolidated Edison
Company of New York, Inc

Consider a Petition for Rehearing filed byConsolidated Edison Company of New York,Inc*PSC-27-09-00011-P. . . . . . . . . . . . exempt

Interconnection of the networks between
Vernon and tw telecom of new york I.p. forlocal exchange service and exchange accessTo review the terms and conditions of thenegotiated agreement between Vernon and TW
Telecom of New York L.P.

*PSC-27-09-00014-P. . . . . . . . . . . . exempt

Billing and payment for energy efficiency
measures through utility bill

To promote energy conservation*PSC-27-09-00015-P. . . . . . . . . . . . exempt

Interconnection of the networks between
Oriskany and tw telecom of new york l.p. forlocal exchange service and exchange accessTo review the terms and conditions of thenegotiated agreement between Oriskany and
TW Telecom of New York L.P.

*PSC-29-09-00011-P. . . . . . . . . . . . exempt

Consideration of utility compliance filings

Consideration of utility compliance filings*PSC-32-09-00009-P. . . . . . . . . . . . exempt

Cost allocation for Consolidated Edison’s East
River Repowering Project

To determine whether any changes are
warranted in the cost allocation of Consolidated
Edison’s East River Repowering Project*PSC-34-09-00016-P. . . . . . . . . . . . exempt

Recommendations made in the Management
Audit Final Report

To consider whether to take action or
recommendations contained in theManagement Audit Final Report*PSC-34-09-00017-P. . . . . . . . . . . . exempt

To consider the transfer of control of
Plattsburgh Cablevision, Inc. d/b/a Charter
Communications to CH Communications, LLC

To allow the Plattsburgh Cablevision, Inc. todistribute its equity interest in CH
Communications, LLC*PSC-36-09-00008-P. . . . . . . . . . . . exempt

The increase in the non-bypassable charge
implemented by RG&E on June 1, 2009

Considering exemptions from the increase in
the non-bypassable charge implemented by
RG&E on June 1, 2009

*PSC-37-09-00015-P. . . . . . . . . . . . exempt

Sale of customer-generated steam to the Con
Edison steam system

To establish a mechanism for sale of customergenerated steam to the Con Edison steam
system*PSC-37-09-00016-P. . . . . . . . . . . . exempt

Applicability of electronic signatures toDeferred Payment Agreements

To determine whether electronic signatures canbe accepted for Deferred Payment Agreements*PSC-39-09-00015-P. . . . . . . . . . . . exempt

Modifications to the $5 Bill Credit Program

Consideration of petition of National Grid tomodify the Low Income $5 Bill Credit Program*PSC-39-09-00018-P. . . . . . . . . . . . exempt

The offset of deferral balances with Positive
Benefit Adjustments

To consider a petition to offset deferralbalances with Positive Benefit Adjustments*PSC-40-09-00013-P. . . . . . . . . . . . exempt

Uniform System of Accounts - request fordeferral and amortization of costs

To consider a petition to defer and amortize
costs*PSC-51-09-00029-P. . . . . . . . . . . . exempt

Rules and guidelines for the exchange ofretail access data between jurisdictional
utilities and eligible ESCOs

To revise the uniform Electronic Data
Interchange Standards and business practices
to incorporate a contest period*PSC-51-09-00030-P. . . . . . . . . . . . exempt

Waiver or modification of Capital Expenditure
condition of merger

To allow the companies to expend less funds
for capital improvement than required by themerger*PSC-52-09-00006-P. . . . . . . . . . . . exempt

ACE’s petition for rehearing for an orderregarding generator-specific energy
deliverability study methodology

To consider whether to change the Order
Prescribing Study Methodology

31

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Agency I.D. No.

NYS Register/September 11, 2024
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Subject Matter

Purpose of Action

PUBLIC SERVICE COMMISSION*PSC-52-09-00008-P. . . . . . . . . . . . exempt

Approval for the New York Independent
System Operator, Inc. to incur indebtedness
and borrow up to $50,000,000

To finance the renovation and construction of
the New York Independent System Operator,
Inc.’s power control center facilities*PSC-05-10-00008-P. . . . . . . . . . . . exempt

Petition for the submetering of electricity

To consider the request of University
Residences - Rochester, LLC to submeterelectricity at 220 John Street, Henrietta, NY*PSC-05-10-00015-P. . . . . . . . . . . . exempt

Petition for the submetering of electricity

To consider the request of 243 West End
Avenue Owners Corp. to submeter electricity at
243 West End Avenue, New York, NY*PSC-06-10-00022-P. . . . . . . . . . . . exempt

The Commission’s Order of December 17,
2009 related to redevelopment ofConsolidated Edison’s Hudson Avenue
generating facility

To reconsider the Commission’s Order ofDecember 17, 2009 related to redevelopmentof the Hudson Avenue generating facility*PSC-07-10-00009-P. . . . . . . . . . . . exempt

Petition to revise the Uniform Business
Practices

To consider the RESA petition to allow
rescission of a customer request to return tofull utility service*PSC-08-10-00007-P. . . . . . . . . . . . exempt

Whether to grant, deny, or modify, in whole orin part, the rehearing petition filed in Case
06-E-0847

Whether to grant, deny, or modify, in whole orin part, the rehearing petition filed in Case
06-E-0847*PSC-08-10-00009-P. . . . . . . . . . . . exempt

Consolidated Edison of New York, Inc. energy
efficiency programs

To modify approved energy efficiency programs*PSC-12-10-00015-P. . . . . . . . . . . . exempt

Recommendations made by Staff intended toenhance the safety of Con Edison’s gas
operations

To require that Con Edison implement the Staff
recommendations intended to enhance thesafety of Con Edison’s gas operations*PSC-14-10-00010-P. . . . . . . . . . . . exempt

Petition for the submetering of electricity

To consider the request of 61 Jane Street
Owners Corporation to submeter Electricity at
61 Jane Street, Manhattan, NY*PSC-16-10-00005-P. . . . . . . . . . . . exempt

To consider adopting and expanding mobile
stray voltage testing requirements

Adopt additional mobile stray voltage testing
requirements*PSC-16-10-00007-P. . . . . . . . . . . . exempt

Interconnection of the networks between TDS
Telecom and PAETEC Communications for
local exchange service and exchange accessTo review the terms and conditions of thenegotiated agreement between TDS Telecomand PAETEC Communications*PSC-16-10-00015-P. . . . . . . . . . . . exempt

Interconnection of the networks between
Frontier and Choice One Communications for
local exchange service and exchange accessTo review the terms and conditions of thenegotiated agreement between Frontier andChoice One Communications*PSC-18-10-00009-P. . . . . . . . . . . . exempt

Electric utility transmission right-of-way
management practices

To consider electric utility transmission right-ofway management practices*PSC-19-10-00022-P. . . . . . . . . . . . exempt

Whether National Grid should be permitted totransfer a parcel of property located at 1 Eddy
Street, Fort Edward, New YorkTo decide whether to approve National Grid’s
request to transfer a parcel of vacant property
in Fort Edward, New York

*PSC-22-10-00006-P. . . . . . . . . . . . exempt

Requirement that Noble demonstrate that its
affiliated electric corporations operating in
New York are providing safe service

Consider requiring that Noble demonstrate thatits affiliated electric corporations in New Yorkare providing safe service*PSC-22-10-00008-P. . . . . . . . . . . . exempt

Petition for the submetering of electricity

To consider the request of 48-52 Franklin
Street to submeter electricity at 50 Franklin
Street, New York, New York32

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Subject Matter

Purpose of Action

PUBLIC SERVICE COMMISSION*PSC-24-10-00009-P. . . . . . . . . . . . exempt

Verizon New York Inc. tariff regulations
relating to voice messaging service

To remove tariff regulations relating to retailvoice messaging service from Verizon New
York Inc.’s tariff*PSC-25-10-00012-P. . . . . . . . . . . . exempt

Reassignment of the 2-1-1 abbreviated dialingcode

Consideration of petition to reassign the 2-1-1
abbreviated dialing code

*PSC-27-10-00016-P. . . . . . . . . . . . exempt

Petition for the submetering of electricity

To consider the request of 9271 Group, LLC to
submeter electricity at 960 Busti Avenue,
Buffalo, New York

*PSC-34-10-00003-P. . . . . . . . . . . . exempt

The modification of Central Hudson Gas &Electric Corporation’s Enhanced Powerful
Opportunities Program

The modification of Central Hudson Gas &Electric Corporation’s Enhanced Powerful
Opportunities Program*PSC-34-10-00005-P. . . . . . . . . . . . exempt

Approval of a contract for $250,000 in tankrepairs that may be a financing

To decide whether to approve a contract
between the parties that may be a financing of$250,000 for tank repairs*PSC-34-10-00006-P. . . . . . . . . . . . exempt

The modification of Central Hudson Gas &Electric Corporation’s Enhanced Powerful
Opportunities Program

The modification of Central Hudson Gas &Electric Corporation’s Enhanced Powerful
Opportunities Program*PSC-36-10-00010-P. . . . . . . . . . . . exempt

Central Hudson’s procedures, terms andconditions for an economic development plan

Consideration of Central Hudson’s procedures,
terms and conditions for an economic
development plan

*PSC-40-10-00014-P. . . . . . . . . . . . exempt

Disposition of a state sales tax refund

To determine how much of a state sales tax
refund should be retained by National Grid

*PSC-40-10-00021-P. . . . . . . . . . . . exempt

Whether to permit the submetering of natural
gas service to a commercial customer at
Quaker Crossing MallTo permit the submetering of natural gas
service to a commercial customer at Quaker
Crossing Mall

*PSC-41-10-00018-P. . . . . . . . . . . . exempt

Amount of hourly interval data provided to
Hourly Pricing customers who have notinstalled a phone line to read meter

Allow Central Hudson to provide less than ayears worth of interval data and charge formanual meter reading for some customers*PSC-41-10-00022-P. . . . . . . . . . . . exempt

Request for waiver of the individual living unit
metering requirements at 5742 Route 5,
Vernon, NY

Request for waiver of the individual living unit
metering requirements at 5742 Route 5,
Vernon, NY*PSC-42-10-00011-P. . . . . . . . . . . . exempt

Petition for the submetering of electricity

To consider the request of 4858 Group, LLC to
submeter electricity at 456 Main Street, Buffalo,
New York*PSC-43-10-00016-P. . . . . . . . . . . . exempt

Utility Access to Ducts, Conduit Facilities andUtility PolesTo review the complaint from OpticalCommunications Group*PSC-44-10-00003-P. . . . . . . . . . . . exempt

Third and fourth stage gas rate increase by
Corning Natural Gas Corporation

To consider Corning Natural Gas Corporation’srequest for a third and fourth stage gas rateincrease*PSC-51-10-00018-P. . . . . . . . . . . . exempt

Commission proceeding concerning threephase electric service by all major electricutilities

Investigate the consistency of the tariff
provisions for three-phase electric service forall major electric utilities*PSC-11-11-00003-P. . . . . . . . . . . . exempt

The proposed transfer of 55.42 acres of land
and $1.4 million of revenues derived from therendition of public service

The proposed transfer of 55.42 acres of land
and $1.4 million of revenues derived from therendition of public service

33

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Agency I.D. No.

NYS Register/September 11, 2024
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Subject Matter

Purpose of Action

PUBLIC SERVICE COMMISSION*PSC-13-11-00005-P. . . . . . . . . . . . exempt

Exclude the minimum monthly bill component
from the earnings test calculation

Exclude the minimum monthly bill component
from the earnings test calculation*PSC-14-11-00009-P. . . . . . . . . . . . exempt

Petition for the submetering of electricity

To consider the request of 83-30 118th Street
to submeter electricity at 83-30 118th Street,
Kew Gardens, New York

*PSC-19-11-00007-P. . . . . . . . . . . . exempt

Utility price reporting requirements related to
the Commission’s ‘‘Power to Choose’’ website

Modify the Commission’s utility electriccommodity price reporting requirements related
to the ‘‘Power to Choose’’ website*PSC-20-11-00012-P. . . . . . . . . . . . exempt

Petition for the submetering of electricity

To consider the request of KMW Group LLC to
submeter electricity at 122 West Street,
Brooklyn, New York

*PSC-20-11-00013-P. . . . . . . . . . . . exempt

Determining the reasonableness of Niagara
Mohawk Power Corporation d/b/a National
Grid ‘s make ready charges

To determine if the make ready charges of
Niagara Mohawk Power Corporation d/b/a
National Grid are reasonable*PSC-22-11-00004-P. . . . . . . . . . . . exempt

Whether to permit the use of the Sensus
accWAVE for use in residential gas meter
applications

To permit gas utilities in New York State to use
the Sensus accWAVE diaphragm gas meter*PSC-26-11-00007-P. . . . . . . . . . . . exempt

Water rates and charges

To approve an increase in annual revenues by
about $25,266 or 50%*PSC-26-11-00009-P. . . . . . . . . . . . exempt

Petition for the submetering of electricity atcommercial property

To consider the request of by Hoosick River
Hardwoods, LLC to submeter electricity at 28
Taylor Avenue, in Berlin, New York

*PSC-26-11-00012-P. . . . . . . . . . . . exempt

Waiver of generation retirement noticerequirements

Consideration of waiver of generation
retirement notice requirements*PSC-29-11-00011-P. . . . . . . . . . . . exempt

Petition requesting the Commssion reconsider
its May 19, 2011 Order and conduct ahearing, and petition to stay said Order

To consider whether to grant or deny, in whole
or in part, Windstream New York’s Petition For
Reconsideration and Rehearing*PSC-35-11-00011-P. . . . . . . . . . . . exempt

Whether to permit Consolidated Edison awaiver to commission regulations Part 226.8

Permit Consolidated Edison to conduct a
inspection program in lieu of testing theaccuracy of Category C meters*PSC-36-11-00006-P. . . . . . . . . . . . exempt

To consider expanding mobile stray voltage
testing requirements

Adopt additional mobile stray voltage testing
requirements*PSC-38-11-00002-P. . . . . . . . . . . . exempt

Operation and maintenance procedures
pertaining to steam trap caps

Adopt modified steam operation andmaintenance procedures*PSC-38-11-00003-P. . . . . . . . . . . . exempt

Waiver of certain provisions of the electric
service tariffs of Con Edison

Consideration of waiver of certain provisions of
the electric service tariffs of Con Edison*PSC-40-11-00010-P. . . . . . . . . . . . exempt

Participation of regulated local exchange
carriers in the New York Data Exchange, Inc.
(NYDE)

Whether to partially modify its order requiring
regulated local exchange carriers’ participation
NYDE*PSC-40-11-00012-P. . . . . . . . . . . . exempt

Granting of transfer of plant in-service to aregulatory asset

To approve transfer and recovery of
unamortized plant investment*PSC-42-11-00018-P. . . . . . . . . . . . exempt

Availability of telecommunications services in
New York State at just and reasonable rates

Providing funding support to help ensure
availability of affordable telecommunications
service throughout New York34

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Subject Matter

Purpose of Action

PUBLIC SERVICE COMMISSION*PSC-43-11-00012-P. . . . . . . . . . . . exempt

Transfer of outstanding shares of stock

Transfer the issued outstanding shares of stockof The Meadows at Hyde Park Water-Works
Corporation to HPWS, LLC*PSC-47-11-00007-P. . . . . . . . . . . . exempt

Remedying miscalculations of delivered gas
as between two customer classes

Consideration of Con Edison’s proposal toaddress inter-class delivery imbalances
resulting from past Company miscalculations*PSC-48-11-00007-P. . . . . . . . . . . . exempt

Transfer of controlling interests in generation
facilities from Dynegy to PSEG

Consideration of the transfer of controllinginterests in electric generation facilities from
Dynegy to PSEG

*PSC-48-11-00008-P. . . . . . . . . . . . exempt

Petition for the submetering of electricity

To consider the request of To Better Days, LLC
to submeter electricity at 37 East 4th Street,
New York, New York

*PSC-01-12-00007-P. . . . . . . . . . . . exempt

The New York State Reliability Council’s
revisions to its rules and measurements

To adopt revisions to various rules andmeasurements of the New York State
Reliability Council*PSC-01-12-00008-P. . . . . . . . . . . . exempt

Transfer of real property and easements fromNMPNS to NMP3

Consideration of the transfer of real property
and easements from NMPNS to NMP3

*PSC-01-12-00009-P. . . . . . . . . . . . exempt

Recovery of expenses related to the
expansion of Con Edison’s ESCO referralprogram, PowerMove

To determine how and to what extent expenses
related to the Expansion of Con Edison’s
ESCO referral program should be recovered*PSC-11-12-00002-P. . . . . . . . . . . . exempt

Whether to grant, deny or modify, in whole orpart, Hegeman’s petition for a waiver ofCommission policy and Con Edison tariff

Whether to grant, deny or modify, in whole orpart, Hegeman’s petition for a waiver ofCommission policy and Con Edison tariff*PSC-11-12-00005-P. . . . . . . . . . . . exempt

Transfer of land and water supply assets

Transfer the land and associated water supply
assets of Groman Shores, LLC to RobertGroman*PSC-13-12-00005-P. . . . . . . . . . . . exempt

Authorization to transfer certain real property

To decide whether to approve the transfer of
certain real property*PSC-19-12-00023-P. . . . . . . . . . . . exempt

Petition for approval pursuant to Section 70
for the sale of goods with an original cost ofless than $100,000

To consider whether to grant, deny or modify,
in whole or in part, the petition filed by Orange
and Rockland Utilities, Inc.

*PSC-21-12-00006-P. . . . . . . . . . . . exempt

Tariff filing requirements and refunds

To determine if certain agreements should be
filed pursuant to the Public Service Law and if
refunds are warranted*PSC-21-12-00011-P. . . . . . . . . . . . exempt

Whether to grant, deny or modify, in whole orpart, the petition for waiver of tariff Rules 8.6
and 47

Whether to grant, deny or modify, in whole orpart, the petition for waiver of tariff Rules 8.6
and 47*PSC-23-12-00007-P. . . . . . . . . . . . exempt

The approval of a financing upon a transfer to
Alliance of upstream ownership interests in a
generation facility

To consider the approval of a financing upon atransfer to Alliance of upstream ownershipinterests in a generation facility*PSC-23-12-00009-P. . . . . . . . . . . . exempt

Over earnings sharing between rate payers
and shareholders

To establish an Earnings Sharing Mechanism
to be applied following the conclusion ofCorning’s rate plan

*PSC-27-12-00012-P. . . . . . . . . . . . exempt

Implementation of recommendations made ina Management Audit Report

To consider implementation ofrecommendations made in a Management
Audit Report35

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Purpose of Action

PUBLIC SERVICE COMMISSION*PSC-28-12-00013-P. . . . . . . . . . . . exempt

Exemption of reliability reporting statistics forthe purpose of the 2012 Reliability
Performance Mechanism

Consideration of Orange and Rockland Utilities
request for exemption of the 2012 reliability
reporting statistics*PSC-29-12-00019-P. . . . . . . . . . . . exempt

Waiver of 16 NYCRR 894.1 through 894.4

To allow the Town of Hamden to waive certain
preliminary franchising procedures to expedite
the franchising process*PSC-30-12-00010-P. . . . . . . . . . . . exempt

Waiver of 16 NYCRR 894.1 through 894.4

To allow the Town of Andes to waive certain
preliminary franchising procedures to expedite
the franchising process*PSC-33-12-00009-P. . . . . . . . . . . . exempt

Telecommunications companies ability to
attach to utility company poles

Consideration of Tech Valley’s ability to attach
to Central Hudson poles*PSC-37-12-00009-P. . . . . . . . . . . . exempt

Proposed modification by Con Edison of its
procedures to calculate estimated bills to its
customers

Proposed modification by Con Edison of its
procedures to calculate estimated bills to its
customers*PSC-42-12-00009-P. . . . . . . . . . . . exempt

Regulation of Gipsy Trail Club, Inc.’s longterm financing agreements

To exempt Gipsy Trail Club, Inc. from
Commission regulation of its financing
agreements*PSC-45-12-00008-P. . . . . . . . . . . . exempt

Whether to grant, deny or modify, in whole orpart, ESHG’s petition for a waiver ofCommission policy and RG&E tariff

Whether to grant, deny or modify, in whole orpart, ESHG’s petition for a waiver ofCommission policy and RG&E tariff*PSC-45-12-00010-P. . . . . . . . . . . . exempt

Whether to grant, deny or modify, in whole orin part the petition of Con Edison to grant
easements to Millwood Fire District

Whether to grant, deny or modify, in whole orin part the petition of Con Edison to grant
easements to Millwood Fire District*PSC-50-12-00003-P. . . . . . . . . . . . exempt

Affiliate standards for Corning Natural Gas
Corporation

To resolve issues raised by Corning Natural
Gas Corporation in its petition for rehearing*PSC-04-13-00006-P. . . . . . . . . . . . exempt

Expansion of mandatory day ahead hourly
pricing for customers of Orange and Rockland
Utilities with demands above 100 kW

To consider the expansion of mandatory day
ahead hourly pricing for customers withdemands above 100 kW*PSC-04-13-00007-P. . . . . . . . . . . . exempt

Authorization to transfer certain real property

To decide whether to approve the transfer of
certain real property*PSC-06-13-00008-P. . . . . . . . . . . . exempt

Verizon New York Inc.’s retail service quality

To investigate Verizon New York Inc.’s retailservice quality*PSC-08-13-00012-P. . . . . . . . . . . . exempt

Filing requirements for certain Article VII
electric facilities

To ensure that applications for certain electrictransmission facilities contain pertinent
information*PSC-08-13-00014-P. . . . . . . . . . . . exempt

Uniform System of Accounts - Request for
Accounting Authorization

To allow the company to defer an item of
expense or capital beyond the end of the year
in which it was incurred*PSC-12-13-00007-P. . . . . . . . . . . . exempt

Protecting company water mains

To allow the company to require certain
customers to make changes to the electricalgrounding system at their homes*PSC-13-13-00008-P. . . . . . . . . . . . exempt

The potential waiver of 16 NYCRR
255.9221(d) completion of integrity
assessments for certain gas transmission
lines

To determine whether a waiver of the timely
completion of certain gas transmission line
integrity assessments should be granted

36

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Subject Matter

Purpose of Action

PUBLIC SERVICE COMMISSION*PSC-18-13-00007-P. . . . . . . . . . . . exempt

Whether Demand Energy Networks energy
storage systems should be designatedtechnologies for standby rate eligibility
purposes

Whether Demand Energy Networks energy
storage systems should be designatedtechnologies for standby rate eligibility
purposes*PSC-21-13-00003-P. . . . . . . . . . . . exempt

To consider policies that may impact
consumer acceptance and use of electricvehiclesTo consider and further develop policies that
may impact consumer acceptance and use ofelectric vehicles*PSC-21-13-00005-P. . . . . . . . . . . . exempt

To implement an abandonment of Windover’s
water system

To approve the implementation ofabandonment of Windover’s water system*PSC-21-13-00008-P. . . . . . . . . . . . exempt

Rates of National Fuel Gas Distribution
Corporation

To make the rates of National Fuel Gas
Distribution Corporation temporary, subject torefund, if they are found to be excessive*PSC-21-13-00009-P. . . . . . . . . . . . exempt

Reporting requirements for natural gas local
distribution companies

To help ensure efficient and economic
expansion of the natural gas system asappropriate*PSC-22-13-00009-P. . . . . . . . . . . . exempt

On remand from New York State court
litigation, determine the recovery of certain
deferred amounts owed NFG by ratepayers

On remand, to determine the recovery ofcertain deferral amounts owed NFG fromratepayers*PSC-23-13-00005-P. . . . . . . . . . . . exempt

Waiver of partial payment, directory database
distribution, service quality reporting, andservice termination regulations

Equalize regulatory treatment based on level ofcompetition and practical considerations*PSC-25-13-00008-P. . . . . . . . . . . . exempt

To deny, grant or modify, in whole or in part,
Central Hudson’s rehearing request

To deny, grant or modify, in whole or in part,
Central Hudson’s rehearing request*PSC-25-13-00009-P. . . . . . . . . . . . exempt

Provision by utilities of natural gas main andservice lines

To help ensure efficient and economic
expansion of the natural gas system asappropriate*PSC-25-13-00012-P. . . . . . . . . . . . exempt

To deny, grant or modify, in whole or in part,
Central Hudson’s rehearing request

To deny, grant or modify, in whole or in part,
Central Hudson’s rehearing request*PSC-27-13-00014-P. . . . . . . . . . . . exempt

Columbia Gas Transmission Corporation Cost
RefundFor approval for temporary waiver of tariff
provisions regarding its Columbia Gas
Transmission Corporation cost refund*PSC-28-13-00014-P. . . . . . . . . . . . exempt

Provision for the recovery and allocation of
costs of transmission projects that reduce
congestion on certain interfaces

To consider the recovery and allocation of
costs of transmission projects that reduce
congestion on certain interfaces*PSC-28-13-00016-P. . . . . . . . . . . . exempt

The request of NGT for lightened regulation
as a gas corporation

To consider whether to approve, reject, or
modify the request of Niagara gas transport of
Lockport, NY LLC*PSC-28-13-00017-P. . . . . . . . . . . . exempt

The request by TE for waiver of regulations
requiring that natural gas be odorized incertain gathering line segments

Consider the request by TE for waiver ofregulations that gas be odorized in certain lines*PSC-32-13-00009-P. . . . . . . . . . . . exempt

To consider the definition of ‘‘misleading or
deceptive conduct’’ in the Commission’s
Uniform Business Practices

To consider the definition of ‘‘misleading or
deceptive conduct’’ in the Commission’s
Uniform Business Practices*PSC-32-13-00012-P. . . . . . . . . . . . exempt

To consider whether NYSEG should be
required to undertake actions to protect its
name and to minimize customer confusion

To consider whether NYSEG should be
required to undertake actions to protect its
name and to minimize customer confusion

37

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Subject Matter

Purpose of Action

PUBLIC SERVICE COMMISSION*PSC-33-13-00027-P. . . . . . . . . . . . exempt

Waive underground facility requirements for
new construction in residential subdivisions toallow for overhead electric lines

Determine whether Chapin Lumberland, LLC
subdivision will be allowed overhead electric
distribution and service lines*PSC-33-13-00029-P. . . . . . . . . . . . exempt

Deferral of incremental costs associated withthe restoration of steam service following
Superstorm Sandy

To consider a petition by Con Edison to defercertain incremental steam system restoration
costs relating to Superstorm Sandy*PSC-34-13-00004-P. . . . . . . . . . . . exempt

Escrow account and surcharge to fundextraordinary repairs

To approve the establishment of an escrowaccount and surcharge*PSC-42-13-00013-P. . . . . . . . . . . . exempt

Failure to Provide Escrow Information

The closure of the Escrow Account*PSC-42-13-00015-P. . . . . . . . . . . . exempt

Failure to Provide Escrow Information

The closure of the Escrow Account*PSC-43-13-00015-P. . . . . . . . . . . . exempt

Petition for submetering of electricity

To consider the request of 2701 Kingsbridge
Terrace L.P. to submeter electricity at 2701
Kingsbridge Terrace, Bronx, N.Y*PSC-45-13-00021-P. . . . . . . . . . . . exempt

Investigation into effect of bifurcation of gas
and electric utility service on Long Island

To consider a Petition for an investigation into
effect of bifurcation of gas and electric utility
service on Long Island*PSC-45-13-00022-P. . . . . . . . . . . . exempt

Waiver of PSC regulations, 16 NYCRR
section 88.4(a)(4)To consider a waiver of certain regulations
relating to the content of an application fortransmission line siting*PSC-45-13-00023-P. . . . . . . . . . . . exempt

Waiver of PSC regulations, 16 NYCRR
section 88.4(a)(4)To consider a waiver of certain regulations
relating to the content of an application fortransmission line siting*PSC-45-13-00024-P. . . . . . . . . . . . exempt

Waiver of PSC regulations, 16 NYCRR
section 88.4(a)(4); waiver of filing deadlines

To consider a waiver of certain regulations
relating to the content of an application fortransmission line siting*PSC-45-13-00025-P. . . . . . . . . . . . exempt

Waiver of PSC regulations, 16 NYCRR
section 88.4(a)(4)To consider a waiver of certain regulations
relating to the content of an application fortransmission line siting*PSC-47-13-00009-P. . . . . . . . . . . . exempt

Petition for submetering of electricity

To consider the request of Hegeman Avenue
Housing L.P. to submeter electricity at 39
Hegeman Avenue, Brooklyn, N.Y*PSC-47-13-00012-P. . . . . . . . . . . . exempt

Conditioning,restricting or prohibiting thepurchase of services by NYSEG and RG&E
from certain affiliates

Consideration of conditioning,restricting or
prohibiting the purchase of services by NYSEG
and RG&E from certain affiliates*PSC-49-13-00008-P. . . . . . . . . . . . exempt

Authorization to transfer all of Crystal Water
Supply Company, Inc. stocks to Essel InfraWest Inc.

To allow Crystal Water Supply Company, Inc totransfer all of its issued and outstanding stocks
to Essel Infra West Inc.

*PSC-51-13-00009-P. . . . . . . . . . . . exempt

Consolidated Edison proposing to use datafrom a test period ending September 30,
2013 to support its next rate filingTo ensure there is a reasonable basis for datasubmitted in support of a request for a change
in rates*PSC-51-13-00010-P. . . . . . . . . . . . exempt

Consolidated Edison proposing to use datafrom a test period ending September 30,
2013 to support its next rate filingTo ensure there is a reasonable basis for datasubmitted in support of a request for a change
in rates*PSC-51-13-00011-P. . . . . . . . . . . . exempt

Consolidated Edison proposing to use datafrom a test period ending September 30,
2013 to support its next rate filingTo ensure there is a reasonable basis for datasubmitted in support of a request for a change
in rates38

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Subject Matter

Purpose of Action

PUBLIC SERVICE COMMISSION*PSC-52-13-00012-P. . . . . . . . . . . . exempt

The development of reliability contingency
plan(s) to address the potential retirement ofIndian Point Energy Center (IPEC)

To address the petition for rehearing andreconsideration/motion for clarification of the
IPEC reliability contingency plan(s)*PSC-52-13-00015-P. . . . . . . . . . . . exempt

To enter into a loan agreement with the banks
for up to an amount of $94,000

To consider allowing Knolls Water Company toenter into a long-term loan agreement*PSC-05-14-00010-P. . . . . . . . . . . . exempt

The New York State Reliability Council’s
revisions to its rules and measurements

To adopt revisions to various rules andmeasurements of the New York State
Reliability Council*PSC-07-14-00008-P. . . . . . . . . . . . exempt

Petition for submetering of electricity

To consider the request of Greater Centennial
Homes HDFC, Inc. to submeter electricity at
102, 103 and 106 W 5th Street, et al.

*PSC-07-14-00012-P. . . . . . . . . . . . exempt

Water rates and charges

Implementation of Long-Term Water Supply
Surcharge to recover costs associated with theHaverstraw Water Supply Project*PSC-08-14-00015-P. . . . . . . . . . . . exempt

Verizon New York Inc.’s service quality andCustomer Trouble Report Rate (CTRR) levels
at certain central office entities

To improve Verizon New York Inc.’s service
quality andthe Customer Trouble Report Ratelevels at certain central office entities*PSC-10-14-00006-P. . . . . . . . . . . . exempt

Actions to facilitate the availability of ESCO
value-added offerings, ESCO eligibility and
ESCO compliance

To facilitate ESCO value-added offerings and to
make changes to ESCO eligibility and toensure ESCO compliance*PSC-11-14-00003-P. . . . . . . . . . . . exempt

Provision for the recovery and allocation of
costs of transmission projects that reduce
congestion on certain interfaces

To consider the recovery and allocation of
costs of transmission projects that reduce
congestion on certain interfaces*PSC-16-14-00014-P. . . . . . . . . . . . exempt

Whether to order NYSEG to provide gas
service to customers when an expanded
CPCN is approved and impose PSL 25-a
penalties

To order gas service to customers in the Townof Plattsburgh after approval of a town wide
CPCN and to impose penalties*PSC-16-14-00015-P. . . . . . . . . . . . exempt

Whether Central Hudson should be permitted
to defer obligations of the Order issued on
October 18, 2013 in Case 13-G-0336

Consideration of the petition by Central Hudson
to defer reporting obligations of the October 18,
2013 Order in Case 13-G-0336*PSC-17-14-00003-P. . . . . . . . . . . . exempt

Con Edison’s Report on its 2013 performance
under the Electric Service Reliability
Performance Mechanism

Con Edison’s Report on its 2013 performance
under the Electric Service Reliability
Performance Mechanism*PSC-17-14-00004-P. . . . . . . . . . . . exempt

To consider certain portions of petitions forrehearing, reconsideration and/or clarification

To consider certain portions of petitions forrehearing, reconsideration and/or clarification*PSC-17-14-00007-P. . . . . . . . . . . . exempt

To consider petitions for rehearing,reconsideration and/or clarification

To consider petitions for rehearing,reconsideration and/or clarification*PSC-17-14-00008-P. . . . . . . . . . . . exempt

To consider certain portions of petitions forrehearing, reconsideration and/or clarification

To consider certain portions of petitions forrehearing, reconsideration and/or clarification*PSC-19-14-00014-P. . . . . . . . . . . . exempt

Market Supply Charge

To make tariff revisions to the Market Supply
Charge for capacity related costs*PSC-19-14-00015-P. . . . . . . . . . . . exempt

Whether to permit the use of the Sensus
accuWAVE for use in residential andcommercial gas meter applications

To permit gas utilities in New York State to use
the Sensus accuWAVE 415TC gas meter39

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Subject Matter

Purpose of Action

PUBLIC SERVICE COMMISSION*PSC-22-14-00013-P. . . . . . . . . . . . exempt

Petition to transfer and merge systems,
franchises and assets

To consider the Comcast and Time WarnerCable merger and transfer of systems,
franchises and assets*PSC-23-14-00010-P. . . . . . . . . . . . exempt

Whether to permit the use of the GE Dresser
Series B3-HPC 11M-1480 rotary gas met for
use in industrial gas meter applications

To permit gas utilities in New York State to use
the GE Dresser Series B3-HPC 11M-1480
rotary gas meter*PSC-23-14-00014-P. . . . . . . . . . . . exempt

Waiver of the negative revenue adjustment
associated with KEDLI’s 2013 Customer
Satisfaction Performance Metric

Consideration of KEDLI’s waiver request
pertaining to its 2013 performance under its
Customer Satisfaction Metric*PSC-24-14-00005-P. . . . . . . . . . . . exempt

To examine LDC’s performance andperformance measures

To improve gas safety performance*PSC-26-14-00013-P. . . . . . . . . . . . exempt

Waiver of RG&E’s tariffed definition of
emergency generator

To consider waiver of RG&E’s tariffed definitionof emergency generator*PSC-26-14-00020-P. . . . . . . . . . . . exempt

New electric utility backup service tariffs andstandards for interconnection may be adopted

To encourage development of microgrids thatenhance the efficiency, safety, reliability andresiliency of the electric grid

*PSC-26-14-00021-P. . . . . . . . . . . . exempt

Consumer protections, standards andprotocols pertaining to access to customer
data may be established

To balance the need for the informationnecessary to support a robust market withcustomer privacy concerns*PSC-28-14-00014-P. . . . . . . . . . . . exempt

Petition to transfer systems, franchises andassetsTo consider the Comcast and Charter transfer
of systems, franchise and assets*PSC-30-14-00023-P. . . . . . . . . . . . exempt

Whether to permit the use of the Sensus
iPERL Fire Flow Meter

Pursuant to 16 NYCRR Part 500.3 , it isnecessary to permit the use of the Sensus
iPERL Fire Flow Meter*PSC-30-14-00026-P. . . . . . . . . . . . exempt

Petition for a waiver to master meterelectricity

Considering the request of RenaissanceCorporation of to master meter electricity at
100 Union Drive, Albany, NY*PSC-31-14-00004-P. . . . . . . . . . . . exempt

To transfer 100% of the issued andoutstanding stock from Vincent Cross to
Bonnie and Michael Cross

To transfer 100% of the issued and outstanding
stock from Vincent Cross to Bonnie andMichael Cross*PSC-32-14-00012-P. . . . . . . . . . . . exempt

Whether to grant or deny, in whole or in part,the Connect New York Coalition’s petition

To consider the Connect New York Coalition’s
petition seeking a formal investigation andhearings*PSC-35-14-00004-P. . . . . . . . . . . . exempt

Regulation of a proposed electricity
generation facility located in the Town ofBrookhaven, NY

To consider regulation of a proposed electricity
generation facility located in the Town ofBrookhaven, NY*PSC-36-14-00009-P. . . . . . . . . . . . exempt

Modification to the Commission’s Electric
Safety Standards

To consider revisions to the Commission’sElectric Safety Standards*PSC-38-14-00003-P. . . . . . . . . . . . exempt

Whether to approve, reject or modify, in whole
or in part a time-sensitive rate pilot program

Whether to approve, reject or modify, in whole
or in part a time-sensitive rate pilot program*PSC-38-14-00004-P. . . . . . . . . . . . exempt

The study and petition of Con Edison
regarding use, accounting and ratemaking
treatment for 11-23 and 2-28 Hudson Ave.
Brooklyn

The study and petition of Con Edison regardinguse, accounting and ratemaking treatment for
11-23 and 2-28 Hudson Ave. Brooklyn

40

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Subject Matter

Purpose of Action

PUBLIC SERVICE COMMISSION*PSC-38-14-00005-P. . . . . . . . . . . . exempt

Action on the report and petition of Con
Edison regarding the Storm Hardening andResiliency Collaborative, Phase 2

Action on the report and petition of Con Edison
regarding the Storm Hardening and Resiliency
Collaborative, Phase 2*PSC-38-14-00007-P. . . . . . . . . . . . exempt

Whether to expand Con Edison’s low income
program to include Medicaid recipients

Whether to expand Con Edison’s low income
program to include Medicaid recipients*PSC-38-14-00008-P. . . . . . . . . . . . exempt

The study and petition of Con Edison
regarding use, accounting and ratemaking
treatment for 11-23 and 2-28 Hudson Ave.
Brooklyn

The study and petition of Con Edison regardinguse, accounting and ratemaking treatment for
11-23 and 2-28 Hudson Ave. Brooklyn*PSC-38-14-00010-P. . . . . . . . . . . . exempt

Inter-carrier telephone service quality
standard and metrics and administrativechanges

To review recommendations from the Carrier
Working Group and incorporate appropriate
modifications to the existing Guidelines*PSC-38-14-00012-P. . . . . . . . . . . . exempt

Action on the report and petition of Con
Edison regarding the Storm Hardening andResiliency Collaborative, Phase 2

Action on the report and petition of Con Edison
regarding the Storm Hardening and Resiliency
Collaborative, Phase 2*PSC-39-14-00020-P. . . . . . . . . . . . exempt

Whether to permit the use of the Mueller
Systems 400 Series and 500 Series of water
metersPursuant to 16 NYCRR section 500.3, whether
to permit the use of the Mueller Systems 400,
and 500 Series of water meters*PSC-40-14-00008-P. . . . . . . . . . . . exempt

To consider granting authorization for Buy
Energy Direct to resume marketing toresidential customers

To consider granting authorization for Buy
Energy Direct to resume marketing toresidential customers*PSC-40-14-00009-P. . . . . . . . . . . . exempt

Whether to permit the use of the Itron OpenWay Centron Meter with Hardware 3.1 for
AMR and AMI functionality

Pursuant to 16 NYCRR Parts 93, is necessary
to permit the use of the Itron Open Way
Centron Meter with Hardware 3.1*PSC-40-14-00011-P. . . . . . . . . . . . exempt

Late Payment Charge

To modify Section 7.6 - Late Payment Charge
to designate a specific time for when a latepayment charge is due*PSC-40-14-00013-P. . . . . . . . . . . . exempt

Regulation of a proposed natural gas pipeline
and related facilities located in the Town ofTiconderoga, NY

To consider regulation of a proposed natural
gas pipeline and related facilities located in the
Town of Ticonderoga, NY*PSC-40-14-00014-P. . . . . . . . . . . . exempt

Waiver of 16 NYCRR Sections 894.1 through894.4(b)(2)

To allow the Town of Goshen, NY, to waive
certain preliminary franchising procedures to
expedite the franchising process*PSC-40-14-00015-P. . . . . . . . . . . . exempt

Late Payment Charge

To modify Section 6.6 - Late Payment Charge
to designate a specific time for when a latepayment charge is due*PSC-42-14-00003-P. . . . . . . . . . . . exempt

Annual Reconciliation of Gas Expenses and
Gas Cost Recoveries

The filings of various LDCs and municipalities
regarding their Annual Reconciliation of Gas
Expenses and Gas Cost Recoveries*PSC-42-14-00004-P. . . . . . . . . . . . exempt

Winter Bundled Sales Service Option

To modify SC-11 to remove language relating
to fixed storage charges in the determination of
the Winter Bundled Sales charge*PSC-48-14-00014-P. . . . . . . . . . . . exempt

Considering the recommendations containedin Staff’ s electric outage investigation reportfor MNRR, New Haven Line

To consider the recommendations contained in
Staff’s electric outage investigation report for
MNRR, New Haven Line41

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Subject Matter

Purpose of Action

PUBLIC SERVICE COMMISSION*PSC-52-14-00019-P. . . . . . . . . . . . exempt

Petition for a waiver to master meterelectricity

Considering the request of 614 South Crouse
Avenue, LLC to master meter electricity at 614
South Crouse Avenue, Syracuse, NY*PSC-01-15-00014-P. . . . . . . . . . . . exempt

State Universal Service Fund Disbursements

To consider Edwards Telephone Company’s
request for State Universal Service Funddisbursements*PSC-08-15-00010-P. . . . . . . . . . . . exempt

Request pertaining to the lawfulness of
National Grid USA continuing its summary
billing program

To grant, deny, or modify URAC Rate
Consultants’ request that National Grid cease
its summary billing program*PSC-10-15-00007-P. . . . . . . . . . . . exempt

Notification concerning tax refunds

To consider Verizon New York Inc.’s partial
rehearing or reconsideration request regarding
retention of property tax refunds*PSC-10-15-00008-P. . . . . . . . . . . . exempt

Whether to waive Policy on Test Periods in
Major Rate Proceedings and provide authority
to file tariff changes

Whether to waive Policy on Test Periods in
Major Rate Proceedings and provide authority
to file tariff changes*PSC-13-15-00024-P. . . . . . . . . . . . exempt

Whether Leatherstocking should be permitted
to recover a shortfall in earnings

To decide whether to approve
Leatherstocking’s request to recover a shortfall
in earnings*PSC-13-15-00026-P. . . . . . . . . . . . exempt

Whether to permit the use of the Sensus
Smart Point Gas AMR/AMI productTo permit the use of the Sensus Smart Point
Gas AMR/AMI product*PSC-13-15-00027-P. . . . . . . . . . . . exempt

Whether to permit the use of the Measurlogic
DTS 310 electric submeter

To permit the use of the Measurlogic DTS 310
submeter*PSC-13-15-00028-P. . . . . . . . . . . . exempt

Whether to permit the use of the SATEC
EM920 electric meter

To permit necessary to permit the use of the
SATEC EM920 electric meter*PSC-13-15-00029-P. . . . . . . . . . . . exempt

Whether to permit the use the Triacta PowerTechnologies 6103, 6112, 6303, and 6312
electric submeters

To permit the use of the Triacta submeters*PSC-17-15-00007-P. . . . . . . . . . . . exempt

To consider the petition of Leatherstocking
Gas Company, LLC seeking authority to issue
long-term debt of $2.75 million

To consider the petition of Leatherstocking Gas
Company, LLC seeking authority to issue longterm debt of $2.75 million*PSC-18-15-00005-P. . . . . . . . . . . . exempt

Con Edison’s Report on its 2014 performance
under the Electric Service Reliability
Performance Mechanism

Con Edison’s Report on its 2014 performance
under the Electric Service Reliability
Performance Mechanism*PSC-19-15-00011-P. . . . . . . . . . . . exempt

Gas Safety Performance Measures andassociated negative revenue adjustments

To update the performance measuresapplicable to KeySpan Gas East Corporation
d/b/a National Grid

*PSC-22-15-00015-P. . . . . . . . . . . . exempt

To consider the request for waiver of theindividual residential unit meter requirements
and 16 NYCRR 96.1(a)To consider the request for waiver of theindividual residential unit meter requirements
and 16 NYCRR 96.1(a)*PSC-23-15-00005-P. . . . . . . . . . . . exempt

The modification of New York American
Water’s current rate plan

Whether to adopt the terms of the Joint
Proposal submitted by NYAW and DPS Staff*PSC-23-15-00006-P. . . . . . . . . . . . exempt

The modification of New York American
Water’s current rate plan

Whether to adopt the terms of the Joint
Proposal submitted by NYAW and DPS Staff*PSC-25-15-00008-P. . . . . . . . . . . . exempt

Notice of Intent to Submeter electricity

To consider the request of 165 E 66
Residences, LLC to submeter electricity at 165
East 66th Street, New York, New York42

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Subject Matter

Purpose of Action

PUBLIC SERVICE COMMISSION*PSC-29-15-00025-P. . . . . . . . . . . . exempt

Joint Petition for authority to transfer real
property located at 624 West 132nd Street,
New York, NY

Whether to authorize the proposed transfer ofreal property located at 624 West 132nd Street,
New York, NY*PSC-32-15-00006-P. . . . . . . . . . . . exempt

Development of a Community Solar
Demonstration Project

To approve the development of a Community
Solar Demonstration Project*PSC-33-15-00009-P. . . . . . . . . . . . exempt

Remote net metering of a demonstration
community net metering program

To consider approval of remote net metering ofa demonstration community net metering
program*PSC-33-15-00012-P. . . . . . . . . . . . exempt

Remote net metering of a Community Solar
Demonstration Project

To consider approval of remote net metering ofa Community Solar Demonstration Project*PSC-34-15-00021-P. . . . . . . . . . . . exempt

Petition by NYCOM requesting assistancewith obtaining information on CLECs and
ESCOs

To consider the petition by NYCOM requesting
assistance with obtaining information on
CLECs and ESCOs*PSC-35-15-00014-P. . . . . . . . . . . . exempt

Consideration of consequences against LightPower & Gas, LLC for violations of the UBP

To consider consequences against Light Power& Gas, LLC for violations of the UBP*PSC-37-15-00007-P. . . . . . . . . . . . exempt

Submetered electricity

To consider the request of 89 Murray Street
Ass. LLC, for clarification of the submeteringorder issued December 20, 2007

*PSC-40-15-00014-P. . . . . . . . . . . . exempt

Whether to permit the use of the Open Way
3.5 with cellular communications

To consider the use of the Open Way 3.5
electric meter, pursuant to 16 NYCRR Parts 92
and 93*PSC-42-15-00006-P. . . . . . . . . . . . exempt

Deferral of incremental expenses associatedwith NERC’s new Bulk Electric System (BES)
compliance requirements approved by FERC

Consideration of Central Hudson’s request todefer incremental expenses associated with
new BES compliance requirements*PSC-44-15-00028-P. . . . . . . . . . . . exempt

Deferral of incremental expenses associatedwith new compliance requirements

Consideration of Central Hudson’s request todefer incremental expenses associated withnew compliance requirements*PSC-47-15-00013-P. . . . . . . . . . . . exempt

Whitepaper on Implementing Lightened
Ratemaking Regulation

Consider Whitepaper on Implementing
Lightened Ratemaking Regulation*PSC-48-15-00011-P. . . . . . . . . . . . exempt

Proposal to retire Huntley Units 67 and 68 on
March 1, 2016

Consider the proposed retirement of Huntley
Units 67 and 68*PSC-50-15-00006-P. . . . . . . . . . . . exempt

The reduction of rates

To consider the reduction of rates charged by
Independent Water Works, Inc.

*PSC-50-15-00009-P. . . . . . . . . . . . exempt

Notice of Intent to submeter electricity

To consider the request to submeter electricity
at 31-33 Lincoln Road and 510 Flatbush
Avenue, Brooklyn, New York

*PSC-51-15-00010-P. . . . . . . . . . . . exempt

Modification of the EDP

To consider modifying the EDP*PSC-01-16-00005-P. . . . . . . . . . . . exempt

Proposed amendment to Section 5,
Attachment 1.A of the Uniform Business
Practices

To consider amendment to Section 5,
Attachment 1.A of the Uniform Business
Practices*PSC-04-16-00007-P. . . . . . . . . . . . exempt

Whether Hamilton Municipal Utilities shouldbe permitted to construct and operate amunicipal gas distribution facility

Consideration of the petition by Hamilton
Municipal Utilities to construct and operate amunicipal gas distribution facility

43

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Subject Matter

Purpose of Action

PUBLIC SERVICE COMMISSION*PSC-04-16-00012-P. . . . . . . . . . . . exempt

Proposal to mothball three gas turbines
located at the Astoria Gas Turbine Generating
StationConsider the proposed mothball of three gas
turbines located at the Astoria Gas Turbine
Generating Station*PSC-04-16-00013-P. . . . . . . . . . . . exempt

Proposal to find that three gas turbines
located at the Astoria Gas Turbine Generating
Station are uneconomic

Consider whether three gas turbines located at
the Astoria Gas Turbine Generating Station are
uneconomic*PSC-06-16-00013-P. . . . . . . . . . . . exempt

Continued deferral of approximately$16,000,000 in site investigation andremediation costs

To consider the continued deferral of
approximately $16,000,000 in site investigation
and remediation costs*PSC-06-16-00014-P. . . . . . . . . . . . exempt

MEGA’s proposed demonstration CCA
program

To consider MEGA’s proposed demonstration
CCA program*PSC-14-16-00008-P. . . . . . . . . . . . exempt

Resetting retail markets for ESCO mass
market customers

To ensure consumer protections with respect toresidential and small non-residential ESCO
customers*PSC-18-16-00013-P. . . . . . . . . . . . exempt

Amendments to the Uniform Business
Practices of ESCOs

To ensure consumer protection for ESCO
customers*PSC-18-16-00014-P. . . . . . . . . . . . exempt

Amendments to the Uniform Business
Practices of ESCOs

To ensure consumer protection for ESCO
customers*PSC-18-16-00015-P. . . . . . . . . . . . exempt

Petitions for rehearing of the Order Resetting
Retail Energy Markets and Establishing
Further Process

To ensure consumer protections for ESCO
customers*PSC-18-16-00016-P. . . . . . . . . . . . exempt

Amendments to the Uniform Business
Practices of ESCOs

To ensure consumer protection for ESCO
customers*PSC-18-16-00018-P. . . . . . . . . . . . exempt

Amendments to the Uniform Business
Practices of ESCOs

To ensure consumer protection for ESCO
customers*PSC-20-16-00008-P. . . . . . . . . . . . exempt

Consideration of consequences against
Global Energy Group, LLC for violations of
the Uniform Business Practices (UBP)

To consider consequences against Global
Energy Group, LLC for violations of the
Uniform Business Practices (UBP)*PSC-20-16-00010-P. . . . . . . . . . . . exempt

Deferral and recovery of incremental expense

To consider deferring costs of conducting leaksurvey and repairs for subsequent recovery*PSC-20-16-00011-P. . . . . . . . . . . . exempt

Enetics LD-1120 Non-Intrusive LoadMonitoring Device in the Statewide
Residential Appliance Metering Study

To consider the use of the Enetics LD-1120
Non-Intrusive Load Monitoring Device*PSC-25-16-00009-P. . . . . . . . . . . . exempt

To delay Companies’ third-party assessmentsof customer personally identifiable information
until 2018

To extend the time period between the
Companies’ third-party assessments ofcustomer personally identifiable information*PSC-25-16-00025-P. . . . . . . . . . . . exempt

Acquisition of all water supply assets ofWoodbury Heights Estates Water Co., Inc. by
the Village of Kiryas Joel

To consider acquisition of all water supply
assets of Woodbury Heights Estates Water
Co., Inc. by the Village of Kiryas Joel

*PSC-25-16-00026-P. . . . . . . . . . . . exempt

Use of the Badger E Series Ultrasonic Cold
Water Stainless Steel Meter, in residential fireservice applications

To consider the use of the Badger E Series
Ultrasonic Cold Water Stainless Steel Meter infire service applications*PSC-28-16-00017-P. . . . . . . . . . . . exempt

A petition for rehearing of the Order Adopting
a Ratemaking and Utility Revenue Model
Policy Framework

To determine appropriate rules for andcalculation of the distributed generation
reliability credit

44

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Subject Matter

Purpose of Action

PUBLIC SERVICE COMMISSION*PSC-29-16-00024-P. . . . . . . . . . . . exempt

Participation of NYPA customers insurcharge-funded clean energy programs

To consider participation of NYPA customers insurcharge-funded clean energy programs*PSC-32-16-00012-P. . . . . . . . . . . . exempt

Benefit-Cost Analysis Handbooks

To evaluate proposed methodologies of benefitcost evaluation*PSC-33-16-00001-EP. . . . . . . . . . . . exempt

Use of escrow funds for repairs

To authorize the use of escrow account funds
for repairs*PSC-33-16-00005-P. . . . . . . . . . . . exempt

Exemption from certain charges for delivery ofelectricity to its Niagara Falls, New Yorkfacility

Application of System Benefits Charges,
Renewable Portfolio Standard charges andClean Energy Fund surcharges*PSC-35-16-00015-P. . . . . . . . . . . . exempt

NYSRC’s revisions to its rules andmeasurements

To consider revisions to various rules andmeasurements of the NYSRC*PSC-36-16-00004-P. . . . . . . . . . . . exempt

Recovery of costs for installation of electric
service

To consider the recovery of costs for
installation of electric service*PSC-40-16-00025-P. . . . . . . . . . . . exempt

Consequences pursuant to the Commission’s
Uniform Business Practices (UBP)

To consider whether to impose consequences
on Smart One for its apparent non-compliancewith Commission requirements*PSC-47-16-00009-P. . . . . . . . . . . . exempt

Petition to use commercial electric meters

To consider the petition of Itron, Inc. to use theItron CP2SO and CP2SOA in commercial
electric meter applications*PSC-47-16-00010-P. . . . . . . . . . . . exempt

Standby Service rate design

To consider the report filed and therecommendations therein*PSC-47-16-00013-P. . . . . . . . . . . . exempt

Standby Service rate design

To consider the report filed and therecommendations therein*PSC-47-16-00014-P. . . . . . . . . . . . exempt

Standby Service rate design

To consider the report filed and therecommendations therein*PSC-47-16-00016-P. . . . . . . . . . . . exempt

Standby Service rate design

To consider the report filed and therecommendations therein*PSC-02-17-00010-P. . . . . . . . . . . . exempt

Implementation of the four EAMs

To consider the implementation of EAMs for
RG&E*PSC-02-17-00012-P. . . . . . . . . . . . exempt

Implementation of the four EAMs

To consider the implementation of EAMs for
NYSEG*PSC-18-17-00024-P. . . . . . . . . . . . exempt

A petition for rehearing or reconsideration of
the Order Addressing Public Policy
Transmission Need for AC Transmission
UpgradesTo determine whether Public Policy
Transmission Need/Public Policy Requirements
continue to exist*PSC-18-17-00026-P. . . . . . . . . . . . exempt

Revisions to the Dynamic Load Management
surcharge

To consider revisions to the Dynamic LoadManagement surcharge*PSC-20-17-00008-P. . . . . . . . . . . . exempt

Compressed natural gas as a motor fuel fordiesel fueled vehicles

To consider a report filed by National Grid NY
regarding the potential for adoption ofcompressed natural gas as a motor fuel*PSC-20-17-00010-P. . . . . . . . . . . . exempt

Compressed natural gas as a motor fuel fordiesel fueled vehicles

To consider a report filed by National Gridregarding the potential for adoption ofcompressed natural gas as a motor fuel45

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NYS Register/September 11, 2024
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Subject Matter

Purpose of Action

PUBLIC SERVICE COMMISSION*PSC-21-17-00013-P. . . . . . . . . . . . exempt

The establishment and implementation of
Earnings Adjustment Mechanisms

To consider the establishment andimplementation of Earnings Adjustment
Mechanisms*PSC-22-17-00004-P. . . . . . . . . . . . exempt

Financial incentives to create customer
savings and develop market-enabling tools,
with a focus on outcomes and incentives

To consider the proposed Interconnection
Survey Process and Earnings Adjustment
Mechanisms*PSC-24-17-00006-P. . . . . . . . . . . . exempt

Development of the Utility Energy Registry

Improved data access*PSC-26-17-00005-P. . . . . . . . . . . . exempt

Notice of Intent to submeter electricity

To consider the Notice of Intent to submeterelectricity at 125 Waverly Street, Yonkers, NewYork*PSC-34-17-00011-P. . . . . . . . . . . . exempt

Waiver to permit Energy Cooperative of
America to serve low-income customers

To consider the petition for a waiver*PSC-37-17-00005-P. . . . . . . . . . . . exempt

Financial incentives to create customer
savings and develop market-enabling tools,
with a focus on outcomes and incentives

To consider the revised Interconnection Survey
Process and Earnings Adjustment Mechanisms*PSC-39-17-00011-P. . . . . . . . . . . . exempt

Whether to direct New York State Electric &Gas to complete electric facility upgrades at
no charge to Hanehan

To determine financial responsibility between
NYSEG and Hanehan for the electric service
upgrades to Hanehan*PSC-42-17-00010-P. . . . . . . . . . . . exempt

Petition for rehearing of negative revenue
adjustment and contents of annual
Performance Report

To consider NFGD’s petition for rehearing*PSC-48-17-00015-P. . . . . . . . . . . . exempt

Low Income customer options for affordable
water bills

To consider the Low Income Bill Discountand/or Energy Efficiency Rebate Programs*PSC-50-17-00017-P. . . . . . . . . . . . exempt

New Wave Energy Corp.’s petition forrehearing

To consider the petition for rehearing filed by
New Wave Energy Corp.

*PSC-50-17-00018-P. . . . . . . . . . . . exempt

Application of the Public Service Law to DER
suppliers

To determine the appropriate regulatory
framework for DER suppliers*PSC-50-17-00019-P. . . . . . . . . . . . exempt

Transfer of utility property

To consider the transfer of utility property*PSC-50-17-00021-P. . . . . . . . . . . . exempt

Disposition of tax refunds and other related
matters

To consider the disposition of tax refunds andother related matters*PSC-51-17-00011-P. . . . . . . . . . . . exempt

Petition for recovery of certain costs related tothe implementation of a Non-Wires Alternative
Project

To consider Con Edison’s petition for therecovery of costs for implementing the JFK
Project*PSC-04-18-00005-P. . . . . . . . . . . . exempt

Notice of intent to submeter electricity

To consider the notice of intent of Montante/
Morgan Gates Circle LLC to submeterelectricity*PSC-05-18-00004-P. . . . . . . . . . . . exempt

Lexington Power’s ZEC compliance obligation

To promote and maintain renewable and zeroemission electric energy resources*PSC-06-18-00012-P. . . . . . . . . . . . exempt

To consider further proposed amendments tothe original criteria to grandfathering
established in the Transition Plan

To modify grandfathering criteria*PSC-06-18-00017-P. . . . . . . . . . . . exempt

Merger of NYAW and Whitlock Farms Water
Corp.

To consider the merger of NYAW and Whitlock
Farms Water Company into a single corporate
entity46

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Subject Matter

Purpose of Action

PUBLIC SERVICE COMMISSION*PSC-07-18-00015-P. . . . . . . . . . . . exempt

The accuracy and reasonableness of National
Grid’s billing for certain interconnection
upgradesTo consider AEC’s petition requesting
resolution of their billing dispute with National
Grid*PSC-11-18-00004-P. . . . . . . . . . . . exempt

New York State Lifeline Program

To consider TracFone’s petition seeking
approval to participate in Lifeline*PSC-13-18-00015-P. . . . . . . . . . . . exempt

Eligibility of an ESCO to market to and enroll
residential customers

To consider whether Astral should be allowed
to market to and enroll residential customers
following a suspension*PSC-13-18-00023-P. . . . . . . . . . . . exempt

Reconciliation of property taxes

To consider NYAW’s request to reconcile
property taxes*PSC-14-18-00006-P. . . . . . . . . . . . exempt

Petition for abandonment

To consider the abandonment of Willsboro Bay
Water Company’s water system*PSC-17-18-00010-P. . . . . . . . . . . . exempt

Petition for use of gas metering equipment

To ensure that consumer bills are based on
accurate measurements of gas usage*PSC-18-18-00009-P. . . . . . . . . . . . exempt

Transfer of control of Keene Valley Video Inc.

To ensure performance in accordance withapplicable cable laws, regulations andstandards and the public interest*PSC-23-18-00006-P. . . . . . . . . . . . exempt

Whether to impose consequences on Aspirity
for its non-compliance with Commission
requirements

To ensure the provision of safe and adequate
energy service at just and reasonable rates*PSC-24-18-00013-P. . . . . . . . . . . . exempt

Implementation of program rules for
Renewable Energy Standard and ZEC
requirements

To promote and maintain renewable and zeroemission electric energy resources*PSC-28-18-00011-P. . . . . . . . . . . . exempt

Storm Hardening Collaborative Report

To ensure safe and adequate gas service*PSC-29-18-00008-P. . . . . . . . . . . . exempt

Participation in Targeted Accessibility FundTo encourage enhanced services for lowincome consumers*PSC-29-18-00009-P. . . . . . . . . . . . exempt

Overvaluing real property tax expense
recovery in water rates

To prevent unjust and unreasonable water
rates*PSC-34-18-00015-P. . . . . . . . . . . . exempt

Petition to submeter electricity

To ensure adequate submetering equipment
and energy efficiency protections are in place*PSC-34-18-00016-P. . . . . . . . . . . . exempt

Deferral of pre-staging and mobilization storm
costs

To ensure just and reasonable rates for
ratepayers and utility recovery of unexpected,
prudently incurred costs*PSC-35-18-00003-P. . . . . . . . . . . . exempt

Con Edison’s 2018 DSIP and BCA Handbook
UpdateTo continue Con Edison’s transition to amodern utility serving as a Distributed System
Platform Provider*PSC-35-18-00005-P. . . . . . . . . . . . exempt

NYSEG and RG&E’s 2018 DSIP and BCA
Handbook Update

To continue NYSEG and RG&E’s transition tomodern utilities acting as Distributed System
Platform Providers*PSC-35-18-00006-P. . . . . . . . . . . . exempt

National Grid’s 2018 DSIP and BCA
Handbook Update

To continue National Grid’s transition to amodern utility serving as a Distributed System
Platform Provider

47

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NYS Register/September 11, 2024
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Subject Matter

Purpose of Action

PUBLIC SERVICE COMMISSION*PSC-35-18-00008-P. . . . . . . . . . . . exempt

Central Hudson’s 2018 DSIP and BCA
Handbook Update

To continue Central Hudson’s transition to amodern utility serving as a Distributed System
Platform Provider*PSC-35-18-00010-P. . . . . . . . . . . . exempt

O&R’s 2018 DSIP and BCA Handbook
UpdateTo continue O&R’s transition to a modern utility
acting as a Distributed System Platform
Provider*PSC-39-18-00005-P. . . . . . . . . . . . exempt

Participation in New York State Lifeline
Program

To encourage enhanced services for lowincome customers*PSC-40-18-00014-P. . . . . . . . . . . . exempt

Annual Reconciliation of Gas Expenses and
Gas Cost Recoveries

To review the gas utilities’ reconciliation of Gas
Expenses and Gas Cost Recoveries for 2018

*PSC-42-18-00011-P. . . . . . . . . . . . exempt

Voluntary residential beneficial electrification
rate design

To provide efficient rate design for beneficial
technologies in New York State that is
equitable for all residential customers*PSC-42-18-00013-P. . . . . . . . . . . . exempt

Petition for clarification and rehearing of theSmart Solutions Program Order

To address the increased demand for natural
gas in the Con Edison’s service territory andthe limited pipeline capacity*PSC-45-18-00005-P. . . . . . . . . . . . exempt

Notice of intent to submeter electricity andwaiver of energy audit

To ensure adequate submetering equipment,
consumer protections and energy efficiency
protections are in place*PSC-01-19-00013-P. . . . . . . . . . . . exempt

Order of the Commission related to caller ID
unblocking

To require telephone companies to unblock
caller ID on calls placed to the 311 municipal
call center in Suffolk County*PSC-03-19-00002-P. . . . . . . . . . . . exempt

DPS Staff White Paper for who must be
trained in 16 NYCRR Part 753 requirements
and how the Commission will approvetrainings

To reduce damage to underground utility
facilities by requiring certain training andapproving training curricula*PSC-04-19-00004-P. . . . . . . . . . . . exempt

Con Edison’s petition for the Gas Innovation
Program and associated budget

To pursue programs that continue service
reliability and meet customer energy needs
while aiding greenhouse gas reduction goals*PSC-04-19-00011-P. . . . . . . . . . . . exempt

Update of revenue targets

To ensure NYAW’s rates are just andreasonable and accurately reflect the needed
revenues*PSC-06-19-00005-P. . . . . . . . . . . . exempt

Consideration of the Joint Utilities’ proposed
BDP Program

To to expand opportunities for low-income
households to participate in Community
Distributed Generation (CDG) projects*PSC-07-19-00009-P. . . . . . . . . . . . exempt

Whether to impose consequences on AAA for
its non-compliance with Commission
requirements

To insure the provision of safe and adequate
energy service at just and reasonable rates*PSC-07-19-00016-P. . . . . . . . . . . . exempt

Participation in New York State Lifeline
Program

To encourage enhanced services for lowincome customers*PSC-09-19-00010-P. . . . . . . . . . . . exempt

Non-pipeline alternatives report
recommendations

To consider the terms and conditions
applicable to gas service*PSC-13-19-00010-P. . . . . . . . . . . . exempt

New Commission requirements for gas
company operator qualification programs

To make pipelines safer with improved trainingof workers who perform construction andrepairs on natural gas facilities

48

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Subject Matter

Purpose of Action

PUBLIC SERVICE COMMISSION*PSC-19-19-00013-P. . . . . . . . . . . . exempt

Proposed merger of three water utilities into
one corporation

To determine if the proposed merger is in the
public interest*PSC-20-19-00008-P. . . . . . . . . . . . exempt

Reporting on energy sources

To ensure accurate reporting and encourageclean energy purchases*PSC-20-19-00010-P. . . . . . . . . . . . exempt

Compensation policies for certain CHP
projects

To consider appropriate rules for compensationof certain CHP resources*PSC-31-19-00013-P. . . . . . . . . . . . exempt

Implementation of Statewide Energy
Benchmarking

To ensure safe and adequate service at justand reasonable rates charged to customers
without undue preferences*PSC-32-19-00012-P. . . . . . . . . . . . exempt

Standby Service Rates and Buyback Service
Rates

To ensure just and reasonable rates, including
compensation, for distributed energy resources*PSC-38-19-00002-P. . . . . . . . . . . . exempt

Petition to submeter electricity

To ensure adequate submetering equipment
and consumer protections are in place*PSC-39-19-00018-P. . . . . . . . . . . . exempt

Petition to submeter electricity

To ensure adequate submetering equipment
and consumer protections are in place*PSC-41-19-00003-P. . . . . . . . . . . . exempt

A voluntary residential three-part rate thatwould include fixed, usage and demandcharges

To provide qualifying residential customers with
an optional three-part rate

*PSC-46-19-00008-P. . . . . . . . . . . . exempt

Wappingers Falls Hydroelectric LLC’s facility
located in Wappingers Falls, New YorkTo promote and maintain renewable electricenergy resources*PSC-10-20-00003-P. . . . . . . . . . . . exempt

The Commission’s statewide low-income
discount policy

To consider modifications to certain conditions
regarding utility low-income discount programs*PSC-12-20-00008-P. . . . . . . . . . . . exempt

Delivery rates of Corning Natural Gas
Corporation

Whether to postpone the implementation of achange in rates that would otherwise become
effective on June 1, 2020

*PSC-15-20-00011-P. . . . . . . . . . . . exempt

To modify the terms and conditions underwhich gas utilities provide service to electric
generators

To provide clarity and uniformity to theprovision of gas service to electric generators*PSC-16-20-00004-P. . . . . . . . . . . . exempt

Disposition of a state sales tax refund

To determine how much of a state sales tax
refund should be retained by Central Hudson*PSC-18-20-00015-P. . . . . . . . . . . . exempt

Participation of Eligible Telecommunications
Carriers (ETCs) in New York State Lifeline
ProgramCommission will consider each petition filed byan ETCs seeking approval to participate in the
NYS Lifeline program*PSC-19-20-00004-P. . . . . . . . . . . . exempt

Clarification of the Order Adopting Changes to
the Retail Access Energy Market andEstablishing Further Process

To consider whether energy service companies
should be permitted to bank RECs to satisfy
their renewable energy requirements*PSC-19-20-00005-P. . . . . . . . . . . . exempt

Cost recovery associated with Day-AheadDLM and Auto-DLM programs, andelimination of double compensation

To provide cost recovery for new DLM
programs and prevent double compensation toparticipating customers*PSC-19-20-00009-P. . . . . . . . . . . . exempt

Cost recovery associated with Day-AheadDLM and Auto-DLM programs, andelimination of double compensation

To consider revisions to P.S.C. No. 10 Electricity, and P.S.C. No. 12 - Electricity

49

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NYS Register/September 11, 2024
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Subject Matter

Purpose of Action

PUBLIC SERVICE COMMISSION*PSC-25-20-00010-P. . . . . . . . . . . . exempt

Whitepaper regarding energy service
company financial assurance requirements

To consider the form and amount of financial
assurances to be included in the eligibility
criteria for energy service companies*PSC-25-20-00016-P. . . . . . . . . . . . exempt

Modifications to the Low-Income Affordability
program

To address the economic impacts of the
COVID-19 pandemic*PSC-27-20-00003-P. . . . . . . . . . . . exempt

To make the uniform statewide customer
satisfaction survey permanent

To encourage consumer protections and safe
and adequate service*PSC-28-20-00022-P. . . . . . . . . . . . exempt

Compensation of distributed energy resources

To ensure just and reasonable rates, including
compensation, for distributed energy resources*PSC-28-20-00034-P. . . . . . . . . . . . exempt

Petition to implement Section 7(5) of the
Accelerated Renewable Energy Growth andCommunity Benefit Act

To develop the bulk transmission investments
necessary to achieve the Climate Leadershipand Community Protection Act goals*PSC-34-20-00005-P. . . . . . . . . . . . exempt

Petition to provide a renewable, carbon-freeenergy option to residential and small
commercial full-service customers

To increase customer access to renewableenergy in the Consolidated Edison Company of
New York, Inc. service territory*PSC-38-20-00004-P. . . . . . . . . . . . exempt

The annual Reconciliation of Gas Expenses
and Gas Cost Recoveries

To consider filings of LDCs and municipalities
regarding their Annual Reconciliation of Gas
Expenses and Gas Cost Recoveries*PSC-42-20-00008-P. . . . . . . . . . . . exempt

Availability of gas leak information to the
public safety officials

Facilitate availability of gas leak information to
public safety officials by gas corporations*PSC-45-20-00003-P. . . . . . . . . . . . exempt

Petition to submeter electricity

To ensure adequate submetering equipment
and consumer protections are in place*PSC-46-20-00005-P. . . . . . . . . . . . exempt

The recommendations of the DPS Staff report
to improve Hudson Valley Water’s service

To determine if approving the DPS Staff’s
recommendations is in the public interest*PSC-48-20-00005-P. . . . . . . . . . . . exempt

Partial waiver of the Order Adopting Changes
to the Retail Access Energy Market andEstablishing Further Process

To consider whether Chief Energy Power, LLC
should be permitted to offer green gas products
to mass market customers*PSC-48-20-00007-P. . . . . . . . . . . . exempt

Tariff modifications to change National Fuel
Gas Distribution Corporation’s Monthly Gas
Supply Charge provisions

To ensure safe and adequate service at justand reasonable rates charged to customers
without undue preferences*PSC-51-20-00009-P. . . . . . . . . . . . exempt

Partial waiver of the Order Adopting Changes
to the Retail Access Energy Market andEstablishing Further Process

To consider whether petitioner should bepermitted to offer its ‘‘Energy Savings
Program’’ to mass market customers*PSC-51-20-00014-P. . . . . . . . . . . . exempt

Electric system needs and compensation for
distributed energy resources

To ensure safe and adequate service and justand reasonable rates, including compensation,
for distributed energy resources*PSC-01-21-00004-P. . . . . . . . . . . . exempt

Partial waiver of the Order Adopting Changes
to the Retail Access Energy Market andEstablishing Further Process

To consider whether petitioner should bepermitted to offer its Home Warranty product tomass market customers*PSC-04-21-00016-P. . . . . . . . . . . . exempt

Request for a waiver

To consider whether good cause exists to
support a waiver of the Commission’s Test
Period Policy Statement*PSC-09-21-00005-P. . . . . . . . . . . . exempt

Utility capital expenditure proposal

To ensure safe and adequate service at justand reasonable rates charged to customers
without undue preferences

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Subject Matter

Purpose of Action

PUBLIC SERVICE COMMISSION*PSC-13-21-00016-P. . . . . . . . . . . . exempt

Revised distribution strategies andreallocation of remaining funding

To ensure the appropriate use of funding
reserved for gas safety programs*PSC-17-21-00005-P. . . . . . . . . . . . exempt

Submetering equipment

To consider use of submetering equipment and
if it is in the public interest*PSC-17-21-00006-P. . . . . . . . . . . . exempt

Community Choice Aggregation andCommunity Distributed Generation

To consider permitting opt-out Community
Distributed Generation to be offered as the sole
product in an aggregation*PSC-17-21-00007-P. . . . . . . . . . . . exempt

Utility studies of climate change vulnerabilities

To assess the need for utilities to conduct
distinct studies of their climate change
vulnerabilities*PSC-18-21-00006-P. . . . . . . . . . . . exempt

Community Choice Aggregation renewableproducts

To consider waiving the locational and delivery
requirements for RECs purchased to support
renewable CCA products*PSC-19-21-00008-P. . . . . . . . . . . . exempt

Community Choice Aggregation (CCA) andCommunity Distributed Generation (CDG)

To consider permitting Upstate Power, LLC toserve as a CCA administrator offering an optout CDG focused program*PSC-20-21-00004-P. . . . . . . . . . . . exempt

Regulatory approvals in connection with a
437 MW electric generating facility

To ensure appropriate regulatory review,
oversight, and action, consistent with the public
interest*PSC-21-21-00019-P. . . . . . . . . . . . exempt

Utility capital expenditure proposal

To ensure safe and adequate service at justand reasonable rates charged to customers
without undue preferences*PSC-29-21-00009-P. . . . . . . . . . . . exempt

Proposed pilot program to use AMI todisconnect electric service to customers
during gas system emergencies

To study the efficacy of using AMI todisconnect electric service during gas systememergencies*PSC-32-21-00002-P. . . . . . . . . . . . exempt

The prohibition on ESCO service to lowincome customers

To consider whether Icon Energy, LLC d/b/a
Source Power Company should be granted awaiver to serve low-income customers*PSC-35-21-00009-P. . . . . . . . . . . . exempt

To modify the terms and conditions underwhich gas utilities provide service to electric
generators

To provide clarity and uniformity to theprovision of gas service to electric generators
in New York State*PSC-36-21-00006-P. . . . . . . . . . . . exempt

The Westchester Power Program

To consider integration of Opt-out Community
Distributed Generation into the Westchester
Power program*PSC-37-21-00010-P. . . . . . . . . . . . exempt

Zero emitting electric generating facilities thatare not renewable energy systems

To consider modifications to the Clean EnergyStandard*PSC-37-21-00011-P. . . . . . . . . . . . exempt

Green Button Connect implementation

To consider the proposed Green Button
Connect User Agreement and Green Button
Connect Onboarding Process document*PSC-37-21-00012-P. . . . . . . . . . . . exempt

Partial waiver of the Order Adopting Changes
to the Retail Access Energy Market andEstablishing Further Process

To consider whether Catalyst should bepermitted to offer its Community Distributed
Generation product to mass market customers*PSC-38-21-00006-P. . . . . . . . . . . . exempt

Annual Reconciliation of Gas Expenses and
Gas Cost Recoveries

To consider filings of LDCs and municipalities
regarding their Annual Reconciliation of Gas
Expenses and Gas Cost Recoveries

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NYS Register/September 11, 2024
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Subject Matter

Purpose of Action

PUBLIC SERVICE COMMISSION*PSC-39-21-00007-P. . . . . . . . . . . . exempt

The proposed alternative method of accountidentification

To facilitate secure customer data exchanges
between the utility or provider and energy
service entities*PSC-47-21-00003-P. . . . . . . . . . . . exempt

Utility processes for customers to consent tosharing data with third parties and how
consent options will be communicatedTo develop standardized consent requirementsthat will increase customer familiarity withappropriate data sharing and access*PSC-47-21-00005-P. . . . . . . . . . . . exempt

Utility processes for customers to consent tosharing data with third parties and how
consent options will be communicatedTo develop standardized consent requirementsthat will increase customer familiarity withappropriate data sharing and access*PSC-50-21-00006-P. . . . . . . . . . . . exempt

Implementation of the Host Community
Benefit Program

To consider the proposed administration andimplementation related to disbursement ofcustomer bill credits*PSC-50-21-00008-P. . . . . . . . . . . . exempt

Implementation of the Host Community
Benefit Program

To consider the proposed administration andimplementation related to disbursement ofcustomer bill credits*PSC-50-21-00011-P. . . . . . . . . . . . exempt

Implementation of the Host Community
Benefit Program

To consider the proposed administration andimplementation related to disbursement ofcustomer bill credits*PSC-50-21-00012-P. . . . . . . . . . . . exempt

Implementation of the Host Community
Benefit Program

To consider the proposed administration andimplementation related to disbursement ofcustomer bill credits*PSC-05-22-00001-P. . . . . . . . . . . . exempt

Green gas products

To consider an extension of the waiver
permitting energy service companies to serve
existing customers on green gas products*PSC-13-22-00011-P. . . . . . . . . . . . exempt

Positive revenue adjustments associated withemergency response, damage prevention andleak management for 2020

To consider a rehearing petition*PSC-14-22-00008-P. . . . . . . . . . . . exempt

An opt-out community distributed generation
program

To establish the program rules for offeringcommunity distributed generation on and optout basis in New York State*PSC-18-22-00002-P. . . . . . . . . . . . exempt

NYSEG and RG&E’s petition for a waiver of
its 2021 customer service quality performance

To determine if NYSEG and RG&E’s petition
for waiver is in the public interest*PSC-19-22-00022-P. . . . . . . . . . . . exempt

Modification of Con Edison’s electric tariff

To either eliminate or waive a provision of theStandby Service Offset Tariff*PSC-20-22-00009-P. . . . . . . . . . . . exempt

Modify lease of utility property

To determine whether to authorize theextension and amendment of the lease of theVolney-Marcy transmission line

*PSC-20-22-00011-P. . . . . . . . . . . . exempt

Establishment of the regulatory regime
applicable to a wind electric generating facility

To ensure appropriate regulation of a newelectric corporation*PSC-21-22-00007-P. . . . . . . . . . . . exempt

Partial waiver of the Order Adopting Changes
to the Retail Access Energy Market andEstablishing Further Process

To consider whether Atlantic Energy, LLC
should be permitted to offer its LED Lighting
product to mass market customers*PSC-21-22-00008-P. . . . . . . . . . . . exempt

Cybersecurity requirements

Modify the framework to ensure the protectionof utility systems and customer data from cyber
events52

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Subject Matter

Purpose of Action

PUBLIC SERVICE COMMISSION*PSC-21-22-00011-P. . . . . . . . . . . . exempt

Partial waiver of the Order Adopting Changes
to the Retail Access Energy Market andEstablishing Further Process

To consider whether Atlantic Energy, LLC
should be permitted to offer its Smart Home
Program product to mass market customers*PSC-24-22-00007-P. . . . . . . . . . . . exempt

St. Lawrence Gas’ petition for a waiver of its
2021 service quality performance

To determine if St. Lawrence Gas’ petition for
waiver is in the public interest*PSC-26-22-00008-P. . . . . . . . . . . . exempt

Compensation under the Value of Distributed
Energy Resources tariff

To consider compensation mechanisms forlegacy baseline hydroelectric and otherrenewable energy resources*PSC-30-22-00009-P. . . . . . . . . . . . exempt

Establishment of the regulatory regime
applicable to a battery storage project

To ensure appropriate regulation of an electric
corporation*PSC-32-22-00022-P. . . . . . . . . . . . exempt

Establishment of the regulatory regime
applicable to a wind electric generating facility

To ensure appropriate regulation of a newelectric corporation*PSC-32-22-00023-P. . . . . . . . . . . . exempt

Bioenergy generation in New YorkTo consider compensation for bioenergy
generation*PSC-33-22-00008-P. . . . . . . . . . . . exempt

Gas moratorium consumer protections

To consider protections for existing andprospective customers should a utility institutes
a moratorium on new gas service*PSC-33-22-00009-P. . . . . . . . . . . . exempt

Use of electric metering equipment

To consider use of electric metering equipment
and ensure consumer bills are based on
accurate measurements of electric usage*PSC-34-22-00005-P. . . . . . . . . . . . exempt

Transfer of a Certificate of Environmental
Compatibility and Public Need

Consideration of whether the proposed transfer
is in the public interest*PSC-38-22-00004-P. . . . . . . . . . . . exempt

Establishment of the regulatory regime
applicable to a battery storage project

To ensure appropriate regulation of an electric
corporation*PSC-42-22-00010-P. . . . . . . . . . . . exempt

Gas system planning

To consider screening and suitability criteria for
non-pipeline alternatives*PSC-42-22-00011-P. . . . . . . . . . . . exempt

Gas system planning

To consider cost recovery procedures and an
incentive mechanism for non-pipeline
alternatives*PSC-42-22-00012-P. . . . . . . . . . . . exempt

Gas system planning

To consider screening and suitability criteria for
non-pipeline alternatives*PSC-42-22-00013-P. . . . . . . . . . . . exempt

Gas system planning

To consider screening and suitability criteria for
non-pipeline alternatives*PSC-42-22-00014-P. . . . . . . . . . . . exempt

Gas system planning

To consider screening and suitability criteria for
non-pipeline alternatives*PSC-42-22-00015-P. . . . . . . . . . . . exempt

Gas system planning

To consider screening and suitability criteria for
non-pipeline alternatives*PSC-42-22-00016-P. . . . . . . . . . . . exempt

Gas system planning

To consider screening and suitability criteria for
non-pipeline alternatives*PSC-42-22-00017-P. . . . . . . . . . . . exempt

Gas system planning

To consider screening and suitability criteria for
non-pipeline alternatives*PSC-42-22-00019-P. . . . . . . . . . . . exempt

Gas system planning

To consider screening and suitability criteria for
non-pipeline alternatives

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NYS Register/September 11, 2024
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Subject Matter

Purpose of Action

PUBLIC SERVICE COMMISSION*PSC-44-22-00003-P. . . . . . . . . . . . exempt

Proposed draft tariff amendments

To document and refine moratorium
management procedures that seek to minimize
hardships in the event a future moratorium
occurs*PSC-46-22-00010-P. . . . . . . . . . . . exempt

Notice of intent to submeter electricity

To ensure adequate submetering equipment
and consumer protections are in place*PSC-48-22-00003-P. . . . . . . . . . . . exempt

Gas moratorium customer protections

To consider protections to minimize customer
hardships in the unlikely event of a future gas
moratorium*PSC-04-23-00008-P. . . . . . . . . . . . exempt

Updates to guidance for electric utility
Distributed System Implementation Plans(DSIPs)Development of updated guidance anddirectives for utility DSIPs for improving utility
planning and operations functions*PSC-04-23-00009-P. . . . . . . . . . . . exempt

Gas metering equipment

To consider use of volume corrector andensure that consumer bills will be based on
accurate measurements of gas usage*PSC-05-23-00001-P. . . . . . . . . . . . exempt

Thermal Energy Network Pilot Proposal

To consider authorizing utilities to construct andoperate thermal energy network pilot projects*PSC-05-23-00002-P. . . . . . . . . . . . exempt

Thermal Energy Network Pilot Proposal

To consider authorizing utilities to construct andoperate thermal energy network pilot projects*PSC-05-23-00004-P. . . . . . . . . . . . exempt

Thermal Energy Network Pilot Proposal

To consider authorizing utilities to construct andoperate thermal energy network pilot projects*PSC-05-23-00005-P. . . . . . . . . . . . exempt

Thermal Energy Network Pilot Proposal

To consider authorizing utilities to construct andoperate thermal energy network pilot projects*PSC-05-23-00006-P. . . . . . . . . . . . exempt

Thermal Energy Network Pilot Proposal

To consider authorizing utilities to construct andoperate thermal energy network pilot projects*PSC-05-23-00009-P. . . . . . . . . . . . exempt

Thermal Energy Network Pilot Proposal

To consider authorizing utilities to construct andoperate thermal energy network pilot projects*PSC-05-23-00012-P. . . . . . . . . . . . exempt

Thermal Energy Network Pilot Proposal

To consider authorizing utilities to construct andoperate thermal energy network pilot projects*PSC-05-23-00014-P. . . . . . . . . . . . exempt

Thermal Energy Network Pilot Proposal

To consider authorizing utilities to construct andoperate thermal energy network pilot projects*PSC-05-23-00015-P. . . . . . . . . . . . exempt

Thermal Energy Network Pilot Proposal

To consider authorizing utilities to construct andoperate thermal energy network pilot projects*PSC-13-23-00022-P. . . . . . . . . . . . exempt

The applicable regulatory regime under the
Public Service Law for the owner of anenergy storage facility

Consideration of a lightened regulatory regime
for the owner of an approximately 150 MW
energy storage facility*PSC-15-23-00002-P. . . . . . . . . . . . exempt

Community Choice Aggregation

To determine if Mid-Hudson Energy Transition
Inc. should operate as a Community Choice
Aggregation Administrator*PSC-17-23-00002-P. . . . . . . . . . . . exempt

Tariff filing

To consider whether the proposed tariff
revisions are in the public interest*PSC-17-23-00003-P. . . . . . . . . . . . exempt

Issuance of securities and other forms ofindebtedness

To determine if the issuance of funding for
capital needs and a surcharge mechanism is in
the public interest

54

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Subject Matter

Purpose of Action

PUBLIC SERVICE COMMISSION*PSC-18-23-00001-P. . . . . . . . . . . . exempt

A request for waiver of negative revenue
adjustments

Whether it is in the public interest to waive thenegative revenue adjustments for NYSEG and
RGE*PSC-21-23-00006-P. . . . . . . . . . . . exempt

Community Choice Aggregation

To determine if ProjectEconomics d/b/aPowerMarket shall operate as a Community
Choice Aggregation Administrator*PSC-24-23-00023-P. . . . . . . . . . . . exempt

Deferral of costs for later collection fromratepayers

To determine whether it is reasonable toauthorize the deferral of costs associated witha gas demand response pilot program*PSC-25-23-00003-P. . . . . . . . . . . . exempt

Community Choice Aggregation

To determine the appropriate requirements tobe placed on Community Choice Aggregation
solicitations and service agreements*PSC-25-23-00006-P. . . . . . . . . . . . exempt

Community Choice Aggregation

To determine the appropriate requirements tobe placed on Community Choice Aggregation
outreach and education plans*PSC-25-23-00008-P. . . . . . . . . . . . exempt

Long-term gas system planning for Con
Edison and O&R

To consider and review long-term gas system
planning for Con Edison and O&R*PSC-25-23-00009-P. . . . . . . . . . . . exempt

Community Choice Aggregation

To determine if Local Power LLC shall operate
as a Community Choice Aggregation
Administrator*PSC-26-23-00010-P. . . . . . . . . . . . exempt

Petition to modify the SIC tariff statement

To consider whether amending the SIC
mechanism is in the public interest*PSC-27-23-00006-P. . . . . . . . . . . . exempt

A proposed methodology for annual
greenhouse gas emissions inventory reporting

To consider whether the proposed Green
House Gas Inventory Report will provide
sufficient emissions information*PSC-27-23-00013-P. . . . . . . . . . . . exempt

The proposed Greenhouse Gas Emissions
Reduction Pathways Study

To consider whether the proposed Study is
sufficient and whether to proceed with theStudy*PSC-27-23-00015-P. . . . . . . . . . . . exempt

The Tier 4 renewable energy certificate
purchase and sale agreement modifications

To consider modification to the existing Tier 4
renewable energy certificate purchase and saleagreement*PSC-29-23-00007-P. . . . . . . . . . . . exempt

Reconciliation mechanism

To limit any further near-term customer bill
impacts*PSC-31-23-00001-P. . . . . . . . . . . . exempt

A petition for a special permit exemption fromodorization requirements

To determine if the granting of the special
permit is in the public interest*PSC-34-23-00008-P. . . . . . . . . . . . exempt

Proposed transfer of capital stock

To determine if the transfer of capital stock is in
the public interest*PSC-35-23-00007-P. . . . . . . . . . . 08/29/24

EV Commercial Managed Charging Program
Implementation Plan

To consider the deployment of an EV CMCP
Implementation Plan in the Central Hudson
service territory*PSC-35-23-00011-P. . . . . . . . . . . 08/29/24

EV Commercial Managed Charging Program
Implementation Plan

To consider the deployment of an EV CMCP
Implementation Plan in the National Grid
service territory*PSC-35-23-00012-P. . . . . . . . . . . 08/29/24

EV Phase-In Rate

To consider if the EV Phase-In Rate is a nearterm solution in the O&R service territory55

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NYS Register/September 11, 2024
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Subject Matter

Purpose of Action

PUBLIC SERVICE COMMISSION*PSC-35-23-00013-P. . . . . . . . . . . 08/29/24

EV Phase-In Rate

To consider if the EV Phase-In Rate is a nearterm solution in the National Grid service
territory*PSC-35-23-00014-P. . . . . . . . . . . 08/29/24

EV Phase-In Rate

To consider if the EV Phase-In Rate is a nearterm solution in the Central Hudson service
territory*PSC-35-23-00015-P. . . . . . . . . . . 08/29/24

EV Commercial Managed Charging Program
Implementation Plan

To consider the deployment of an EV CMCP
Implementation Plan in the NYSEG/RG&E
service territories*PSC-35-23-00017-P. . . . . . . . . . . . exempt

EV Phase-In Rate

To consider if the EV Phase-In Rate is a nearterm solution in the Con Edison service
territory*PSC-35-23-00020-P. . . . . . . . . . . . exempt

Reconciliation mechanism

To limit any further near-term customer bill
impacts*PSC-35-23-00022-P. . . . . . . . . . . 08/29/24

EV Phase-In Rate

To consider if the EV Phase-In Rate is a nearterm solution in the NYSEG and RG&E service
territories

PSC-38-23-00002-P. . . . . . . . . . . . exempt

Program-wide adjustments to renewableenergy certificate contracts

To consider modification to existing renewableenergy certificate contracts in light of increased
project costs

PSC-40-23-00029-P. . . . . . . . . . . . exempt

The applicable regulatory regime for theowner/operator of an approximately 200
megawatt solar electric generating facility

Consideration of whether a requested lightened
regulatory regime is in accordance with the
Public Service Law and precedent

PSC-41-23-00007-P. . . . . . . . . . . . exempt

Gas metering equipment

To ensure that consumer bills are based on
accurate measurements of gas usage

PSC-42-23-00009-P. . . . . . . . . . . . exempt

Notice of intent to submeter electricity

To ensure adequate submetering equipment
and consumer protections are in place

PSC-42-23-00011-P. . . . . . . . . . . . exempt

Transfer of a Certificate of Environmental
Compatibility and Public Need for a natural
gas pipeline

To determine whether the request for thetransfer is consistent with the law and in the
public interest

PSC-42-23-00012-P. . . . . . . . . . . . exempt

Long-term gas system planning

To consider and review long-term gas system
planning

PSC-42-23-00013-P. . . . . . . . . . . . exempt

Proposed sale and transfer of a water system
and its assets

To consider whether the terms of the sale arein public interest

PSC-46-23-00004-P. . . . . . . . . . . . exempt

Petition to submeter electricity and waiver
requestTo ensure adequate submetering equipment,
consumer protections, and energy efficiency
protections are in place

PSC-46-23-00009-P. . . . . . . . . . . . exempt

Pole attachment charges and waiver ofnewspaper publication

To revise Con Edison’s tariffed charges for poleattachments and to waive newspaper
publication of the new rates

PSC-47-23-00003-P. . . . . . . . . . . . exempt

The prohibition on service to low-income
customers by energy service companies(ESCOs)To consider extending the waiver of theprohibition

PSC-48-23-00005-P. . . . . . . . . . . . exempt

Community Distributed Generation

To consider expanding the Net Crediting
program to volumetric community distributed
generation projects

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Subject Matter

Purpose of Action

PUBLIC SERVICE COMMISSION
PSC-48-23-00006-P. . . . . . . . . . . . exempt

The Utility Energy Registry

To consider the transition of community scaleenergy usage data to the Integrated Energy
Data Resource

PSC-48-23-00007-P. . . . . . . . . . . . exempt

Petition to amend bill estimation proceduresfor AM

To have more accurate billing & reduce
adjustments

PSC-51-23-00004-P. . . . . . . . . . . . exempt

Proposed revisions related to to theIntegrated Energy Data Resource platform

To ensure consistency between utility tariffs
and the Commission’s orders regarding theIntegrated Energy Data Resource

PSC-52-23-00009-P. . . . . . . . . . . . exempt

Minor water rate filing to increase annual
water revenues

To ensure safe and adequate service at justand reasonable rates charged to customers
without undue preferences

PSC-01-24-00015-P. . . . . . . . . . . . exempt

Proposed major rate increase

To ensure safe and adequate service at justand reasonable rates charged to customers
without undue preferences

PSC-01-24-00018-P. . . . . . . . . . . . exempt

Notice of intent to submeter electricity

To ensure adequate submetering equipment
and consumer protections are in place

PSC-02-24-00002-P. . . . . . . . . . . . exempt

Water metering equipment

To ensure that consumer bills will be based on
accurate measurements of water usage

PSC-02-24-00004-P. . . . . . . . . . . . exempt

Water rates and charges

To ensure customers are provided safe andadequate service at just and reasonable rates

PSC-02-24-00005-P. . . . . . . . . . . . exempt

Water metering equipment

To ensure that consumer bills will be based on
accurate measurements of water usage

PSC-03-24-00005-P. . . . . . . . . . . . exempt

Request to defer cost of a Cost of Service
and Rate Model Study

To determine whether FIEC can defer the costof a Cost of Service and Rate Model Study

PSC-03-24-00008-P. . . . . . . . . . . . exempt

Pole attachment charges

To provide pole attachment services at just andreasonable rates

PSC-05-24-00002-P. . . . . . . . . . . . exempt

Minor rate filing by Warwick Water
Corporation

To ensure safe and adequate service at justand reasonable rates charged to customers
without undue preference

PSC-05-24-00003-P. . . . . . . . . . . . exempt

Application of the Public Service Law (PSL) toa merchant developer and owner of a
proposed solar facility

To ensure an applicable regulatory regime
under the PSL that is consistent with the public
interest

PSC-05-24-00004-P. . . . . . . . . . . . exempt

Waiver of the requirements of velocity steam
meter testing for 2023

To consider whether to provide relief from thevelocity meter testing requirements for 2023
due to testing facility shutdown

PSC-06-24-00005-P. . . . . . . . . . . . exempt

Minor rate filing to increase annual revenues

To ensure safe and adequate service at justand reasonable rates charged to customers
without undue preferences

PSC-06-24-00006-P. . . . . . . . . . . . exempt

Electric metering equipment

To consider use of metering equipment andensure that consumer bills will be based on
accurate measurements of electric usage

PSC-06-24-00007-P. . . . . . . . . . . . exempt

LED streetlights in the Village of Cambridge

To consider whether the use of LED streetlights
in the Village of Cambridge requires changes

57

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Subject Matter

Purpose of Action

PUBLIC SERVICE COMMISSION
PSC-07-24-00017-P. . . . . . . . . . . . exempt

Policies, budgets, and targets for energy
efficiency and building electrification portfolios
for Non-LMI customers

To establish a portfolio and policy framework
for Non-LMI energy efficiency and building
electrification

PSC-07-24-00018-P. . . . . . . . . . . . exempt

Policies, budgets, and targets for energy
efficiency and building electrification for NonLow- to Moderate-Income customers

To establish a portfolio and policy framework
for Non-Low- to Moderate-Income energy
efficiency and building electrification

PSC-07-24-00019-P. . . . . . . . . . . . exempt

Policies, budgets, and targets for energy
efficiency and building electrification portfolios
for Non-LMI customers

To establish a portfolio and policy framework
for Non-LMI energy efficiency and building
electrification

PSC-07-24-00020-P. . . . . . . . . . . . exempt

Policies, budgets, and targets for energy
efficiency and building electrification portfolios
for Non-LMI customers

To establish a portfolio and policy framework
for Non-LMI energy efficiency and building
electrification

PSC-07-24-00022-P. . . . . . . . . . . . exempt

Policies, budgets, and targets for energy
efficiency and building electrification portfolios
for Non-LMI customers

To establish a portfolio and policy framework
for Non-LMI energy efficiency and building
electrification

PSC-07-24-00024-P. . . . . . . . . . . . exempt

Energy efficiency and building electrification
programs

To implement potential change to energy
efficiency programs

PSC-07-24-00025-P. . . . . . . . . . . . exempt

Policies, budgets, and targets for energy
efficiency and building electrification portfolios
for LMI customers

To establish portfolio and policy framework for
LMI energy efficiency and building
electrification programs

PSC-07-24-00026-P. . . . . . . . . . . . exempt

Community Distributed Generation

To consider CDG billing and crediting
performance metrics and associated negative
revenue adjustments

PSC-07-24-00027-P. . . . . . . . . . . . exempt

Policies, budgets, and targets for energy
efficiency and building electrification portfolios
for Non-LMI customers

To establish a portfolio and policy framework
for Non-LMI energy efficiency and building
electrification

PSC-07-24-00028-P. . . . . . . . . . . . exempt

Policies, budgets, and targets for energy
efficiency and building electrification portfolios
for LMI customers

To establish portfolio and policy framework for
LMI energy efficiency and building
electrification programs

PSC-07-24-00029-P. . . . . . . . . . . . exempt

Energy efficiency and building electrification
programs

To implement potential changes to building
electrification program

PSC-07-24-00030-P. . . . . . . . . . . . exempt

Policies, budgets, and targets for energy
efficiency and building electrification portfolios
for LMI customers

To establish portfolio and policy framework for
LMI energy efficiency and building
electrification programs

PSC-07-24-00032-P. . . . . . . . . . . . exempt

Policies, budgets, and targets for energy
efficiency and building electrification portfolios
for Non-LMI customers

To establish a portfolio and policy framework
for Non-LMI energy efficiency and building
electrification

PSC-07-24-00033-P. . . . . . . . . . . . exempt

Policies, budgets, and targets for energy
efficiency and building electrification portfolios
for Non-LMI customers

To establish a portfolio and policy framework
for Non-LMI energy efficiency and building
electrification

PSC-08-24-00006-P. . . . . . . . . . . . exempt

Petition for termination of temporary operatorrole and cost recovery

To determine if termination of a temporary
operator and recovery of costs is in the public
interest

PSC-08-24-00009-P. . . . . . . . . . . . exempt

To modify the terms and conditions underwhich gas utilities provide service to electric
generators

To provide clarity and uniformity to theprovision of gas service to electric generators
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Subject Matter

Purpose of Action

PUBLIC SERVICE COMMISSION
PSC-08-24-00010-P. . . . . . . . . . . . exempt

Economic development programs

To consider whether it is in the public interest
for National Grid to use deferred credits for
economic development programs

PSC-09-24-00007-P. . . . . . . . . . . . exempt

The Renewable Energy Access andCommunity Help Program

To provide bill credits to low-and moderateincome end-use electricity consumers in
disadvantaged communities

PSC-09-24-00009-P. . . . . . . . . . . . exempt

Compensation of and incentives for
distributed energy resources

To encourage the development of and ensure
just and reasonable rates for distributed energy
resources

PSC-09-24-00010-P. . . . . . . . . . . . exempt

Establishment of annual headroom reportingdate

To consider the timing for reporting information
on existing electric system limitations andavailable capacity

PSC-10-24-00004-P. . . . . . . . . . . . exempt

Remote electric service disconnection andreconnection charges

To ensure that charges assessed to utility
customers are just and reasonable

PSC-11-24-00019-P. . . . . . . . . . . . exempt

Minor rate filing to increase annual revenues

To ensure safe and adequate service at justand reasonable rates charged to customers
without undue preferences

PSC-11-24-00020-P. . . . . . . . . . . . exempt

Appointment of a temporary operator for awater works corporation

To determine if appointment of a temporary
operator of a water utility is necessary toprovide safe and adequate service

PSC-11-24-00021-P. . . . . . . . . . . . exempt

Petition for the use of gas metering
equipment

To ensure that consumer bills are based on
accurate measurements of gas usage

PSC-12-24-00001-P. . . . . . . . . . . . exempt

Notice of intent to submeter electricity

To ensure adequate submetering equipment
and consumer protections are in place

PSC-12-24-00002-P. . . . . . . . . . . . exempt

Notice of intent to submeter electricity

To ensure adequate submetering equipment
and consumer protections are in place

PSC-12-24-00004-P. . . . . . . . . . . . exempt

Petition to submeter electricity

To ensure adequate submetering equipment
and consumer protections are in place

PSC-12-24-00006-P. . . . . . . . . . . . exempt

Notice of intent to submeter electricity

To ensure adequate submetering equipment
and consumer protections are in place

PSC-13-24-00004-P. . . . . . . . . . . . exempt

Notice of intent to submeter electricity

To ensure adequate submetering equipment
and consumer protections are in place

PSC-13-24-00005-P. . . . . . . . . . . . exempt

Long-term gas system planning

To consider and review long-term gas system
planning

PSC-13-24-00006-P. . . . . . . . . . . . exempt

Notice of intent to submeter electricity

To ensure adequate submetering equipment
and consumer protections are in place

PSC-14-24-00013-P. . . . . . . . . . . . exempt

Petition to modify the submeter approvalorder

To ensure adequate consumer protections arein place

PSC-14-24-00014-P. . . . . . . . . . . . exempt

Petition for waiver of the requirements inOpinion No. 76-17 and 16 NYCRR Part 96
regarding individual metering of living units

To determine whether to authorize the waiver
request while ensuring consumer and energy
efficiency protections are in place

PSC-14-24-00015-P. . . . . . . . . . . . exempt

Petition to modify the submeter approvalorder

To ensure adequate consumer protections arein place

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Subject Matter

Purpose of Action

PUBLIC SERVICE COMMISSION
PSC-15-24-00004-P. . . . . . . . . . . . exempt

Baseline period modification for thecommercial managed charging EAM forprogram year 2024

To consider a modified peak avoidancebaseline and baseline enrollment period and ashortened enrollment baseline growth period

PSC-15-24-00005-P. . . . . . . . . . . . exempt

Recovery of costs to cure tax liabilities

To determine if Liberty should recover the costs
to cure certain tax liabilities of Arbor Hills
Waterworks, Inc.

PSC-15-24-00006-P. . . . . . . . . . . . exempt

Pole attachment charges update

To provide pole attachment services at just andreasonable rates

PSC-15-24-00007-P. . . . . . . . . . . . exempt

Proposal to modify the MRP related to EV
supply equipment requirements, and incentive
eligibility requirements

To modify aspects of the MRP in order to avoid
disruptions to EV charging infrastructure
deployment

PSC-16-24-00007-P. . . . . . . . . . . . exempt

Energy service company contract changes
and renewals

To consider modifications to the Uniform
Business Practices to reflect changes toGeneral Business Law Section 349-d

PSC-17-24-00005-P. . . . . . . . . . . . exempt

Petition for surcharge to recover the cost of awater main installation to six customers

To determine whether recovery of main
installation costs via surcharge is in the public
interest

PSC-17-24-00007-P. . . . . . . . . . . . exempt

Notice of intent to submeter electricity

To ensure adequate submetering equipment
and consumer protections are in place

PSC-17-24-00008-P. . . . . . . . . . . . exempt

Notice of intent to submeter electricity

To ensure adequate submetering equipment
and consumer protections are in place

PSC-18-24-00004-P. . . . . . . . . . . . exempt

Notice of intent to submeter electricity

To ensure adequate submetering equipment
and consumer protections are in place

PSC-18-24-00005-P. . . . . . . . . . . . exempt

Petition to submeter electricity

To ensure adequate submetering equipment
and consumer protections are in place

PSC-18-24-00007-P. . . . . . . . . . . . exempt

Petition to submeter electricity

To ensure adequate submetering equipment
and consumer protections are in place

PSC-18-24-00008-P. . . . . . . . . . . . exempt

Partnership for the Urban Revitalization inWestern New York Program revisions

To consider and review proposed programmodifications

PSC-18-24-00009-P. . . . . . . . . . . . exempt

Electric metering equipment

To ensure that consumer bills are based on
accurate measurements of electric usage

PSC-18-24-00010-P. . . . . . . . . . . . exempt

Petition to submeter electricity

To ensure adequate submetering equipment
and consumer protections are in place

PSC-18-24-00011-P. . . . . . . . . . . . exempt

Notice of intent to submeter electricity

To ensure adequate submetering equipment
and consumer protections are in place

PSC-18-24-00012-P. . . . . . . . . . . . exempt

Modifications of the Immediate Solutions
Programs including less stringent datareporting requirements and modification
process

To consider modifications to the Immediate
Solutions Programs to increase customer
engagement and program flexibility

PSC-18-24-00013-P. . . . . . . . . . . . exempt

Proposed major rate increase in electricdelivery revenues

To ensure safe and adequate service at justand reasonable rates charged to customers
without undue preferences

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Subject Matter

Purpose of Action

PUBLIC SERVICE COMMISSION
PSC-18-24-00014-P. . . . . . . . . . . . exempt

The applicable regulatory regime for theowner and operator of a solar-powered
generating facility

To determine whether a lightened regulatory
regime for Bear Ridge is consistent with the
PSL

PSC-18-24-00015-P. . . . . . . . . . . . exempt

The prohibition on service to low-income
customers by ESCOs

To consider the petition for an extension of thewaiver of the prohibition on service to lowincome customers by ESCOs

PSC-18-24-00016-P. . . . . . . . . . . . exempt

Notice of intent to submeter electricity

To ensure adequate submetering equipment
and consumer protections are in place

PSC-18-24-00018-P. . . . . . . . . . . . exempt

Proposed major rate increase in gas delivery
revenues

To ensure safe and adequate service at justand reasonable rates charged to customers
without undue preferences

PSC-19-24-00002-P. . . . . . . . . . . . exempt

Electric utility economic development program

To ensure the utility operates its economic
development program without undue
preference and spending is just andreasonable

PSC-19-24-00003-P. . . . . . . . . . . . exempt

Gas metering equipment

To consider use of volume corrector andensure that consumer bills are based on
accurate measurements of gas usage

PSC-20-24-00003-P. . . . . . . . . . . . exempt

Tariff proposal and financing petition

To ensure safe and adequate service at justand reasonable rates charged to customers
without undue preferences

PSC-20-24-00005-P. . . . . . . . . . . . exempt

Notice of intent to submeter electricity

To ensure adequate submetering equipment
and consumer protections are in place

PSC-20-24-00007-P. . . . . . . . . . . . exempt

Notice of intent to submeter electricity

To ensure adequate submetering equipment
and consumer protections are in place

PSC-21-24-00005-P. . . . . . . . . . . . exempt

Climate Change Resilience Plan and climate
resiliency cost recovery surcharge

To make infrastructure resilient to climatechange and to determine an appropriate cost
recovery mechanism

PSC-21-24-00006-P. . . . . . . . . . . . exempt

Climate Change Resilience Plan and climate
resiliency cost recovery surcharge

To make infrastructure resilient to climatechange and to determine an appropriate cost
recovery mechanism

PSC-21-24-00007-P. . . . . . . . . . . . exempt

Electric metering equipment

To ensure that consumer bills are based on
accurate measurements of electric usage

PSC-21-24-00008-P. . . . . . . . . . . . exempt

Climate Change Resilience Plan and climate
resiliency cost recovery surcharge

To make infrastructure resilient to climatechange and to determine an appropriate cost
recovery mechanism

PSC-21-24-00009-P. . . . . . . . . . . . exempt

Climate Change Resilience Plan and climate
resiliency cost recovery surcharge

To make infrastructure resilient to climatechange and to determine an appropriate cost
recovery mechanism

PSC-21-24-00010-P. . . . . . . . . . . . exempt

Electric metering equipment

To ensure that consumer bills are based on
accurate measurements of electric usage

PSC-21-24-00011-P. . . . . . . . . . . . exempt

Climate Change Resilience Plan and climate
resiliency cost recovery surcharge

To make infrastructure resilient to climatechange and to determine an appropriate cost
recovery mechanism

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Subject Matter

Purpose of Action

PUBLIC SERVICE COMMISSION
PSC-21-24-00012-P. . . . . . . . . . . . exempt

Minor water rate filing to increase annual
revenues

To ensure safe and adequate service at justand reasonable rates charged to customers
without undue preferences

PSC-21-24-00013-P. . . . . . . . . . . . exempt

Notice of intent to submeter electricity andwaiver request

To ensure adequate submetering equipment,
consumer protections and energy efficiency
protections are in place

PSC-21-24-00014-P. . . . . . . . . . . . exempt

Climate Change Resilience Plan and climate
resiliency cost recovery surcharge

To make infrastructure resilient to climatechange and to determine an appropriate cost
recovery mechanism

PSC-22-24-00005-P. . . . . . . . . . . . exempt

Minor electric rate filing to increase annual
electric revenues

To ensure safe and adequate service at justand reasonable rates charged to customers
without undue preferences

PSC-22-24-00006-P. . . . . . . . . . . . exempt

Petition for transfer of assets and dissolutionof water works corporation

To determine if the transfer of Saratoga’s
assets to the Town and Saratoga’s dissolution
is in the public interest

PSC-22-24-00008-P. . . . . . . . . . . . exempt

Petition for rehearing, reconsideration, andclarification of provisions in the DLM Order
related to performance payments

To clarify the directives of the DLM Order as to
National Grid’s obligation to make performance
payments to certain customers

PSC-22-24-00009-P. . . . . . . . . . . . exempt

The applicable regulatory regime for theowner and operator of a solar-powered
generation facility

To determine whether a lightened regulatory
regime is consistent with the PSL

PSC-23-24-00002-P. . . . . . . . . . . . exempt

Petition for waiver of the requirements ofOpinion No. 76-17 and 16 NYCRR Part 96
regarding individual metering of living units

To determine whether to authorize the waiver
request while ensuring consumer and energy
efficiency protections are in place

PSC-23-24-00003-P. . . . . . . . . . . . exempt

Compensation under the Value of Distributed
Energy Resources tariff

To consider eligibility for a combined heat andpower generation facility to receive Value Stackcompensation

PSC-24-24-00022-P. . . . . . . . . . . . exempt

Minor electric rate filing to increase annual
electric revenues

To ensure safe and adequate service at justand reasonable rates charged to customers
without undue preferences

PSC-25-24-00005-P. . . . . . . . . . . . exempt

The calculation of NYSEG’s Percent of
Estimated Bills of the Customer Service
Performance Indicator metric for January2024

Whether it is in the public interest to grantcertain exemptions in the January 2024
Percent of Estimated Bills for NYSEG

PSC-25-24-00006-P. . . . . . . . . . . . exempt

Transfer of ownership of cable television
facilities and eight municipal cable television
franchises

To ensure performance in accordance withapplicable cable laws, regulations andstandards and the public interest

PSC-25-24-00007-P. . . . . . . . . . . . exempt

Long-term gas system planning

To consider and review long-term gas system
planning

PSC-26-24-00002-P. . . . . . . . . . . . exempt

Energy Service Company Home Warranty
Products

To consider proposed consumer protections on
Energy Service Company Home Warranty
Products

PSC-26-24-00003-P. . . . . . . . . . . . exempt

Petition for clarification of and a determinationof complianceTo ensure adequate consumer protections arein place

PSC-26-24-00004-P. . . . . . . . . . . . exempt

Petition for clarification of and a determinationof complianceTo ensure adequate consumer protections arein place

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Subject Matter

Purpose of Action

PUBLIC SERVICE COMMISSION
PSC-26-24-00005-P. . . . . . . . . . . . exempt

Stock transactions of regulated entities

To consider stock transactions within statutory
parameters for individual transactions

PSC-26-24-00006-P. . . . . . . . . . . . exempt

Petition to submeter electricity

To ensure adequate submetering equipment
and consumer protections are in place

PSC-26-24-00007-P. . . . . . . . . . . . exempt

Petition for determination of complianceTo ensure adequate consumer protections arein place

PSC-26-24-00008-P. . . . . . . . . . . . exempt

Petition for clarification of and a determinationof complianceTo ensure adequate consumer protections arein place

PSC-26-24-00009-P. . . . . . . . . . . . exempt

LPP replacement targets

To update LPP replacement mileage to reflectincreasing cost while working within Corning’s
authorized budget

PSC-26-24-00010-P. . . . . . . . . . . . exempt

BTU content levels

To reflect the BTU range during the nonheating months due to gas supplied by
Corning’s new renewable natural gas projects

PSC-27-24-00002-P. . . . . . . . . . . 07/03/25

Technical amendments and additions to state
regulations.

To ensure the safe and adequate operation ofpipelines in New York State.

PSC-27-24-00003-P. . . . . . . . . . . . exempt

Net Metering Rules.

To consider the proper treatment of banked
remote net metering credits.

PSC-27-24-00004-P. . . . . . . . . . . . exempt

Proposals to establish notification
requirements for billing delays and adjusted
bills.

To ensure proper customer notification of billingdelays or adjustments is provided.

PSC-27-24-00005-P. . . . . . . . . . . . exempt

Long-term gas system planning.

To consider the appropriate process to review
two small utilities’ long-term gas system plans.

PSC-27-24-00006-P. . . . . . . . . . . . exempt

Deferral of costs associated with thedevelopment of UTEN.

To determine the appropriate funding for thedevelopment of proposed UTEN pilot projects.

PSC-27-24-00007-P. . . . . . . . . . . . exempt

Electric Reliability Performance Metrics.

The ascertainment of accurate electricreliability performance metrics for NYSEG and
RG&E.

PSC-27-24-00008-P. . . . . . . . . . . . exempt

Area code overlay.

To ensure performance in accordance withapplicable telecommunications laws,
regulations and standards, and the public
interest.

PSC-27-24-00009-P. . . . . . . . . . . . exempt

Proposed transfer of the Company’s assets to
the Purchaser, an increase in rates, andrequest for rate setting exemption.

To determine whether transfer of theCompany’s assets and rate setting exemption
are in the public interest.

PSC-28-24-00022-P. . . . . . . . . . . . exempt

Minor electric rate filing to increase annual
electric revenues.

To ensure safe and adequate service at justand reasonable rates charged to customers
without undue preferences.

PSC-28-24-00023-P. . . . . . . . . . . . exempt

Deferral of costs associated with thedevelopment of UTEN.

To determine the appropriate funding for thedevelopment of proposed UTEN pilot projects.

PSC-28-24-00024-P. . . . . . . . . . . . exempt

A debt financing arrangement with respect toan offshore wind project

To consider the requested financing
arrangement and what regulatory conditions
should apply.

63

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Purpose of Action

PUBLIC SERVICE COMMISSION
PSC-29-24-00004-P. . . . . . . . . . . . exempt

Acquisition of the remaining stocks of
Avangrid Inc.

To determine whether to authorize theacquisition of all the outstanding shares of
Avangrid.

PSC-29-24-00005-P. . . . . . . . . . . . exempt

Proposal to modify O&R’s EV MRP.

To avoid disruptions to EV charging
infrastructure deployment in the O&R territory.

PSC-30-24-00002-P. . . . . . . . . . . . exempt

Petition for a special permit exemption andextension.

To determine whether to grant the special
permit relating to certain class locations andextend the 18-month period until 2026.

PSC-30-24-00003-P. . . . . . . . . . . . exempt

Proposed revisions to firm gas demand
response programs for the 2024 - 2025 winterseason and going forward.

To determine if the proposed modifications tofirm gas demand response programs are in the
public interest.

PSC-30-24-00004-P. . . . . . . . . . . . exempt

A debt financing arrangement with respect toa proposed solar generating facility.

To consider the requested financing
arrangement and what regulatory conditions
should apply.

PSC-30-24-00005-P. . . . . . . . . . . . exempt

Automated meter reading technology.

To consider and review reasonableness ofproposal and cost recovery.

PSC-30-24-00006-P. . . . . . . . . . . . exempt

Notice of intent to submeter electricity.

To ensure adequate submetering equipment
and consumer protections are in place.

PSC-30-24-00007-P. . . . . . . . . . . . exempt

Proposed revisions to firm gas demand
response programs for the 2024 - 2025 winterseason and going forward.

To determine if the proposed modifications tofirm gas demand response programs are in the
public interest.

PSC-30-24-00008-P. . . . . . . . . . . . exempt

The Clean Energy Standard

To consider the proposals to modify the Clean
Energy Standard for further achievement ofState clean energy goals.

PSC-31-24-00009-P. . . . . . . . . . . . exempt

To modify the provisions of the System
Benefits Charge to allow for interim updates.

To ensure safe and adequate service at justand reasonable rates charged to customers
without undue preferences.

PSC-31-24-00010-P. . . . . . . . . . . . exempt

Notice of intent to submeter electricity andwaiver request.

To ensure adequate submetering equipment,
consumer protections and energy efficiency
protections are in place.

PSC-31-24-00011-P. . . . . . . . . . . . exempt

IEDR User Agreements, Data Security
Agreement, Self Attestation, and Green
Button Connect Onboarding Process

To ensure that proposed agreements comply
with the Commission’s Data Access Framework
requirements.

PSC-31-24-00012-P. . . . . . . . . . . . exempt

Proposal to modify the Auto- and Term- DLM
program procurement mechanism.

To consider alternative, utility-specificprocurement methodologies to increase
participation in the DLM program.

PSC-31-24-00013-P. . . . . . . . . . . . exempt

Transfer in ownership of battery energy
storage system company.

To determine if the transfer is in the public
interest.

PSC-31-24-00015-P. . . . . . . . . . . . exempt

Deferral of incremental expenses beyond
utility’s control for future recovery in rates.

To determine the ratemaking treatment for
Corning’s incremental interest costs since baserates were last set by the Commission.

PSC-32-24-00030-P. . . . . . . . . . . . exempt

Petition for the use of gas metering
equipment.

To ensure that consumer bills are based on
accurate measurements of gas usage.

PSC-32-24-00031-P. . . . . . . . . . . . exempt

Recommendations regarding the timeline for
the CGPP.

To optimize the timeline of the CGPP to ensure
safe and adequate service at just andreasonable rates.

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Subject Matter

Purpose of Action

PUBLIC SERVICE COMMISSION
PSC-32-24-00032-P. . . . . . . . . . . . exempt

To modify the Low-Income Programs to nolonger trigger tax credits to customers, bestatic, and to not be prorated.

To ensure safe and adequate service at justand reasonable rates charged to customers
without undue preferences.

PSC-32-24-00033-P. . . . . . . . . . . . exempt

A debt financing arrangement with respect toa lightly regulated solar generation facility.

To consider the requested financing
arrangement and what regulatory conditions
should apply.

PSC-32-24-00034-P. . . . . . . . . . . . exempt

Minor electric rate filing to increase annual
electric revenues.

To ensure safe and adequate service at justand reasonable rates charged to customers
without undue preferences.

PSC-32-24-00035-P. . . . . . . . . . . . exempt

The transfer of water assets from Woodbury
to the Village and dissolution of the company.

To ensure the continued supply of water
service to the ratepayers of the Woodbury
Heights Estates Water Co., Inc.

PSC-32-24-00036-P. . . . . . . . . . . . exempt

Interconnection rules for distributed
generation related to financial security for
distribution upgrades.

To provide interconnection rules that ensure
safe and adequate service at just andreasonable rates.

PSC-32-24-00037-P. . . . . . . . . . . . exempt

Rehearing if the order denying authority torecover incremental costs to implement a new
CSS above the $421 million cap.

To determine whether to authorize temporary
accounting treatment for the capital costs inexcess of the $421 million cap.

PSC-32-24-00038-P. . . . . . . . . . . . exempt

Recommendations regarding the CGPP.

To optimize the CGPP to ensure safe andadequate service at just and reasonable rates.

PSC-33-24-00001-P. . . . . . . . . . . . exempt

Customer required transformers andassociated equipment.

To establish provisions to ensure safe andreliable service for all customers.

PSC-33-24-00002-P. . . . . . . . . . . . exempt

Proposed transfer of water utility’s capitalstock.

To determine if the proposed transfer is in the
public interest.

PSC-34-24-00003-P. . . . . . . . . . . . exempt

Notice of intent to submeter electricity andwaiver request.

To ensure adequate submetering equipment,
consumer protections and energy efficiency
protections are in place.

PSC-34-24-00004-P. . . . . . . . . . . . exempt

Notice of intent to submeter electricity.

To ensure adequate submetering equipment
and consumer protections are in place.

PSC-34-24-00005-P. . . . . . . . . . . . exempt

Deferral of costs associated with thedevelopment of Utility Thermal Energy
Networks.

To determine the appropriate funding for thedevelopment of a proposed Utility Thermal
Energy Network Pilot Project.

PSC-34-24-00006-P. . . . . . . . . . . . exempt

Waiver of 16 NYCRR Sections 85-2.3(c),86.3(a)(2), 86.3(b), and 88.4(a)(4).

To consider a waiver of certain regulations
relating to the content of an application for arebuild of a transmission line.

PSC-34-24-00007-P. . . . . . . . . . . . exempt

The applicable regulatory regime for theowner and operator of a solar-powered
generation facility.

To determine whether a lightened regulatory
regime is consistent with the Public Service
Law.

PSC-34-24-00008-P. . . . . . . . . . . . exempt

Proposed transfer of real property and systemassets.

To consider whether the terms of the transfer
are in the public interest.

PSC-34-24-00009-P. . . . . . . . . . . . exempt

Notice of intent to submeter electricity.

To ensure adequate submetering equipment
and consumer protections are in place.

PSC-34-24-00010-P. . . . . . . . . . . . exempt

NYSRC reliability rules and measurements.

To consider revisions to various rules andmeasurements of the NYSRC used to support
safe and reliable electric service.

65

Action Pending Index
Agency I.D. No.

NYS Register/September 11, 2024
Expires

Subject Matter

Purpose of Action

PUBLIC SERVICE COMMISSION
PSC-34-24-00011-P. . . . . . . . . . . . exempt

Notice of intent to submeter electricity andwaiver request.

To ensure adequate submetering equipment,
consumer protections and energy efficiency
protections are in place.

PSC-34-24-00012-P. . . . . . . . . . . . exempt

Deferral of costs associated with thedevelopment of Utility Thermal Energy
Networks.

To determine the appropriate funding for thedevelopment of a proposed Utility Thermal
Energy Network Pilot Project.

PSC-35-24-00002-P. . . . . . . . . . . . exempt

Notice of intent to submeter electricity andwaiver request.

To ensure adequate submetering equipment,
consumer protections, and energy efficiency
protections are in place.

PSC-35-24-00003-P. . . . . . . . . . . . exempt

Extension of the deadline to enter into a leaseagreement and to change the disbursement
amount.

To determine whether to extend the deadline toenter into a lease and to change the
disbursement amount.

PSC-35-24-00004-P. . . . . . . . . . . . exempt

Notice of intent to submeter electricity.

To ensure adequate submetering equipment
and consumer protections are in place.

PSC-35-24-00005-P. . . . . . . . . . . . exempt

Notice of intent to submeter electricity.

To ensure adequate submetering equipment
and consumer protections are in place.

PSC-36-24-00001-EP. . . . . . . . . . . 09/04/25

Proposed settlement agreement on reinstating
a low-income broadband program.

To ensure the continuation of a low-income
broadband program in Charter Communication,
Inc’s service territory.

PSC-36-24-00002-P. . . . . . . . . . . . exempt

Petition to forgive arrears balances greaterthan 120 days and recover costs via asurcharge.

To determine if forgiveness of customer arrears
greater than 120 days and recovery via asurcharge is in the public interest.

PSC-36-24-00003-P. . . . . . . . . . . . exempt

Proposed major rate increase in National
Grid’s annual electric revenues.

To ensure safe and adequate service at justand reasonable rates charged to customers
without undue preferences.

PSC-36-24-00004-P. . . . . . . . . . . . exempt

Proposed major rate increase in National
Grid’s annual gas revenues.

To ensure safe and adequate service at justand reasonable rates charged to customers
without undue preferences.

PSC-36-24-00005-P. . . . . . . . . . . . exempt

Clean Energy Standard administration.

To authorize the funding necessary forcontinued implementation of the Clean EnergyStandard in 2025.

PSC-36-24-00006-P. . . . . . . . . . . . exempt

Proposal to modify the time limit establishedin the Make Ready Order.

To consider an extended deadline so that
NYPA may continue to use its unspent budget
and build electric vehicle chargers.

PSC-36-24-00007-P. . . . . . . . . . . . exempt

Petition to submeter electricity and waiver
request.

To ensure adequate submetering equipment,
consumer protections and energy efficiency
protections are in place.

PSC-36-24-00008-P. . . . . . . . . . . . exempt

Waiver request of 16 NYCRR § 86.3(b)(2);
86.4(b); 88.4(a)(4).

To consider a waiver of certain regulations
relating to the content of an application fortransmission line siting.

PSC-37-24-00001-P. . . . . . . . . . . . exempt

Proposed transfer of water company assets.

To determine if transfer of the Company’s
assets is in the public interest.

PSC-37-24-00002-P. . . . . . . . . . . . exempt

Brooklyn Clean Energy Hub expansion andcost recovery.

To efficiently meet the Climate Leadership andCommunity Protection Act’s goal of 9,000
megawatts of offshore wind generation.

66

NYS Register/September 11, 2024
Agency I.D. No.

Action Pending Index

Expires

Subject Matter

Purpose of Action

PUBLIC SERVICE COMMISSION
PSC-37-24-00003-P. . . . . . . . . . . . exempt

Increased funding for energy efficiency
programs.

To determine whether increased funding forenergy efficiency programs is in the public
interest.

STATE UNIVERSITY OF NEW YORK
SUN-31-24-00002-EP. . . . . . . . . . . 07/31/25

State basic financial assistance for theoperating expenses of community colleges
under the programs of SUNY and CUNY.

To set assistance levels for basic Statefinancial assistance and allocate incremental
new monies provided in the State Budget.

SUN-31-24-00003-EP. . . . . . . . . . . 07/31/25

State University of New York Tuition and Fee
Schedule

To repeal the existing Tuition and Fees
Schedule and replace with a new one to beeffective for the Fall 2024 semester.

TAXATION AND FINANCE, DEPARTMENT OF*TAF-46-20-00003-P. . . . . . . . . . . . exempt

Fuel use tax on motor fuel and diesel motor
fuel and the art. 13-A carrier tax jointly
administered therewith

To set the sales tax component and thecomposite rate per gallon for the period
January 1, 2021 through March 31, 2021

TAF-17-24-00002-EP. . . . . . . . . . . . exempt

Fuel use tax on motor fuel and diesel motor
fuel and the art. 13-A carrier tax jointly
administered therewith

To set the sales tax component and thecomposite rate per gallon for the period
January 1, 2024 through March 31, 2024

TAF-35-24-00001-P. . . . . . . . . . . . exempt

Fuel use tax on motor fuel and diesel motor
fuel and the art. 13-A carrier tax jointly
administered therewith.

To set the sales tax component and thecomposite rate per gallon for the period
October 1, 2024 through December 31, 2024.

TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY
TBA-52-23-00001-P. . . . . . . . . . . . exempt

A proposal to establish a new toll rateschedule for use of the central business
district under the CBDTP operated by TBTA

A proposal to reduce traffic congestion in amanner that will generate revenue for futuretransportation improvements

Limits on administrative expenses andexecutive compensation pursuant to
Executive Order (EO) 38

As EO 38 has been discontinued, the purposeof this rule is to repeal regulations
implementing EO 38

VICTIM SERVICES, OFFICE OF
OVS-21-24-00004-P. . . . . . . . . . . 05/22/25

67

ADVERTISEMENTS FOR

BIDDERS/CONTRACTORSSEALED BIDSPROVIDEOUTFALL EGRESS PLATFORM
Riverfront Pumping Station
Albany, Albany County
Sealed bids for Project No. Q1878-C, comprising of a contract forConstruction Work, Provide Outfall Egress Platform, Riverfront
Pumping Station, 1 Quay Street, Albany, NY (Albany County), NY,
will be received by the Office of General Services (OGS), Design &Construction Group (D&C), Division of Contract Management, 35thFl., Corning Tower, Empire State Plaza, Albany, NY 12242, on behalfof the Office of General Services, until 2:00 p.m. on Wednesday,
September 25, 2024, when they will be publicly opened and read.
Each bid must be prepared and submitted in accordance with theInstructions to Bidders and must be accompanied by a bid security(i.e. certified check, bank check, or bid bond in the amount of $23,100
for C).
All successful bidders will be required to furnish a Performance
Bond and a Labor and Material Bond pursuant to Sections 136 and137 of the State Finance Law, each for 100% of the amount of theContract estimated to be between $250,000 and $500,000 for C.
Pursuant to State Finance Law §§ 139-j and 139-k, this solicitation
includes and imposes certain restrictions on communications between
OGS D&C and a bidder during the procurement process. A bidder isrestricted from making contacts from the earliest posting on the OGS
website, in a newspaper of general circulation, or in the Contract
Reporter, of written notice, advertisement or solicitation of offers,
through final award and approval of the contract by OGS D&C andthe Office of the State Comptroller (“Restricted Period”) to other thandesignated staff, unless it is a contact that is included among certain
statutory exceptions set forth in State Finance Law § 139-j(3)(a).
Designated staff are Kimberly Belden, Catherine Skaczkowski, Jessica Hoffman, and Pierre Alric in the Division of Contract Management, telephone (518) 474-0203, fax (518) 473-7862. OGS D&C employees are also required to obtain certain information when contacted
during the restricted period and to make a determination of the
responsibility of the bidder pursuant to these two statutes. Certain
findings of non-responsibility can result in rejection for contract award
and in the event of two findings within a four-year period, the bidder
is debarred from obtaining governmental Procurement Contracts. Bidders responding to this Advertisement must familiarize themselveswith the State Finance Law requirements and will be expected to affirm that they understand and agree to comply on the bid form. Further
information about these requirements can be found within the project
manual or at: https://ogs.ny.gov/ACPL/
Pursuant to Public Buildings Law § 8(6), effective January 11,2020, for any projects where the project design commenced on or after January 1, 2020 and for any contracts over $5,000 for the work ofconstruction, reconstruction, alteration, repair, or improvement of any
State building, a responsible and reliable NYS-certified Minority or
Women-Owned Business Enterprise that submits a bid within ten
percent of the lowest bid will be deemed the apparent low bidder
provided that the bid is $1,628,283 or less, adjusted annually for inflation as of March 1, 2024. If more than one responsible and reliable
MWBE firm meets these requirements, the MWBE firm with the lowest bid will be deemed the apparent low bidder.

Project commenced design before January 1, 2020. Not subject
to provision.
XX Project commenced design on or after January 1, 2020. Subject
to provision.
The substantial completion date for this project is 238 days after the
Agreement is approved by the Comptroller.
The only time prospective bidders will be allowed to visit the jobsite to take field measurements and examine existing conditions of the
project area will be at 9:00 a.m. on September 12, 2024, Riverfront
Pumping Station Outfall, 139 Broadway, Albany, NY. Prospective
bidders are urged, but not mandated, to visit the site at this time. Prospective bidders or their representatives attending the pre-bid site visit
will not be admitted on facility grounds without proper photo
identification. Note that parking restrictions and security provisions
will apply, and all vehicles will be subject to search. Refer to Document 002218 for any additional requirements for attendance at the
pre-bid site visit.
Phone the office of Todd Johnson (518-457-3552) a minimum of 48
hours in advance of the date to provide the names of those who willattend the pre-bid site visit. Only contractors that schedule a visit atleast 48 hours in advance will be allowed to participate in the pre-bid
site visit.
Pursuant to New York State Executive Law Article 15-A and therules and regulations promulgated thereunder, OGS is required topromote opportunities for the maximum feasible participation of New
York State-certified Minority and Women-owned Business Enterprises(“MWBEs”) and the employment of minority group members andwomen in the performance of OGS contracts. All bidders are expected
to cooperate in implementing this policy. OGS hereby establishes anoverall goal of 30% for MWBE participation, 15% for MinorityOwned Business Enterprises (“MBE”) participation and 15% for
Women-Owned Business Enterprises (“WBE”) participation (basedon the current availability of qualified MBEs and WBEs). The total
contract goal can be obtained by utilizing any combination of MBE
and /or WBE participation for subcontracting and supplies acquired
under this Contract. Trades with 0% goals are encouraged to make“good faith efforts” to promote and assist in the participation of
MWBEs on the Contract for the provision of services and materials.
Article 3 of the Veteran’s Services Law provides for more meaningful participation in public procurement by certified Service-Disabled
Veteran-Owned Businesses (“SDVOBs”). Bidders are expected toconsider SDVOBs in the fulfillment of the requirements of theContract. Such participation may be as subcontractors or suppliers, as
protégés, or in other partnering or supporting roles. OGS hereby
establishes overall goals for SDVOBs’ participation under thiscontract as follows: 3% for the C trade contractor, based on the current availability of qualified SDVOBs. Trades with 0% goals areencouraged to make “good faith efforts” to promote and assist in theparticipation of SDVOBs on the Contract for the provision of services
and materials.
The Office of General Services reserves the right to reject any or allbids.
The Bidding and Contract Documents for this Project are available
for viewing, downloading, and Electronic Bidding from OGS Design& Construction’s Electronic Bidding service, Bid Express.
Registration along with viewing, downloading, and electronic bidding can be accessed at the following link: http://www.bidexpress.com

69Advertisements for Bidders/Contractors
For questions about downloading of bid documents, please send an
e-mail to support@bidexpress.com, or call the Bid Express toll-freenumber at (888) 352-2439.
For all other questions, please send an email to
DCPlans@ogs.ny.gov, or call (518) 474-0203.
For additional information on this project, please use the link below
and then click on the project number:
https://online.ogs.ny.gov/dnc/contractorConsultant/esb/
ESBPlansAvailableIndex.asp
By OGS - Design & Construction GroupREPLACEHEATING SYSTEM/WINDOWS
Fishkill Correctional Facility
Beacon, Dutchess County
Sealed bids for Project Nos. 44701-C, 44701-H and 44701-E,
comprising separate contracts for Construction Work, HVAC Work,and Electrical Work, Replace Heating System & Windows, Building
21-2, Fishkill Correctional Facility, 18 Strack Drive, Beacon (DutchessCounty), NY, will be received by the Office of General Services(OGS), Design & Construction Group (D&C), Division of Contract
Management, 35th Fl., Corning Tower, Empire State Plaza, Albany,
NY 12242, on behalf of the Department of Corrections and Community Supervision, until 2:00 p.m. on Wednesday, September 18,
2024, when they will be publicly opened and read. Each bid must be
prepared and submitted in accordance with the Instructions to Bidders
and must be accompanied by a bid security (i.e. certified check, bankcheck, or bid bond in the amount of $807,500 for C, $201,000 for H,
and $22,900 for E).
All successful bidders will be required to furnish a Performance
Bond and a Labor and Material Bond pursuant to Sections 136 and137 of the State Finance Law, each for 100% of the amount of theContract estimated to be between $30,000,000 and $40,000,000 for C,
between $8,000,000 and $9,000,000 for H, and between $500,000 and$1,000,000 for E.
Pursuant to State Finance Law §§ 139-j and 139-k, this solicitation
includes and imposes certain restrictions on communications between
OGS D&C and a bidder during the procurement process. A bidder isrestricted from making contacts from the earliest posting on the OGS
website, in a newspaper of general circulation, or in the Contract
Reporter, of written notice, advertisement or solicitation of offers,
through final award and approval of the contract by OGS D&C andthe Office of the State Comptroller (“Restricted Period”) to other thandesignated staff, unless it is a contact that is included among certain
statutory exceptions set forth in State Finance Law § 139-j(3)(a).
Designated staff are Kimberly Belden, Catherine Skaczkowski, Jessica Hoffman, and Pierre Alric in the Division of Contract Management, telephone (518) 474-0203, fax (518) 473-7862. OGS D&C employees are also required to obtain certain information when contacted
during the restricted period and to make a determination of the
responsibility of the bidder pursuant to these two statutes. Certain
findings of non-responsibility can result in rejection for contract award
and in the event of two findings within a four-year period, the bidder
is debarred from obtaining governmental Procurement Contracts. Bidders responding to this Advertisement must familiarize themselveswith the State Finance Law requirements and will be expected to affirm that they understand and agree to comply on the bid form. Further
information about these requirements can be found within the project
manual or at: https://ogs.ny.gov/ACPL/
Pursuant to Public Buildings Law § 8(6), effective January 11,2020, for any projects where the project design commenced on or after January 1, 2020 and for any contracts over $5,000 for the work ofconstruction, reconstruction, alteration, repair, or improvement of any
State building, a responsible and reliable NYS-certified Minority or
Women-Owned Business Enterprise that submits a bid within ten
percent of the lowest bid will be deemed the apparent low bidder
provided that the bid is $1,628,283 or less, adjusted annually for infla-

70

NYS Register/September 11, 2024
tion as of March 1, 2024. If more than one responsible and reliable
MWBE firm meets these requirements, the MWBE firm with the lowest bid will be deemed the apparent low bidder.
XX Project commenced design before January 1, 2020. Not subject
to provision.
Project commenced design on or after January 1, 2020. Subject
to provision.
The substantial completion date for this project is 1,154 days after
the Agreement is approved by the Comptroller.
The only time prospective bidders will be allowed to visit the jobsite to take field measurements and examine existing conditions of the
project area will be at 9:00 a.m. on September 5, 2024 at Fishkill Correctional Facility, 121 Strack Drive, Beacon NY 12508. Prospective
bidders are urged, but not mandated, to visit the site at this time. Prospective bidders or their representatives attending the pre-bid site visit
will not be admitted on facility grounds without proper photo
identification. Note that parking restrictions and security provisions
will apply, and all vehicles will be subject to search. Refer to Document 002218 for any additional requirements for attendance at the
pre-bid site visit.
Phone the office of George Trashani (845-765-7125) a minimum of
72 hours in advance of the date to provide the names of those who willattend the pre-bid site visit. Only contractors that schedule a visit atleast 72 hours in advance will be allowed to participate in the pre-bid
site visit.
Pursuant to New York State Executive Law Article 15-A and therules and regulations promulgated thereunder, OGS is required topromote opportunities for the maximum feasible participation of New
York State-certified Minority and Women-owned Business Enterprises(“MWBEs”) and the employment of minority group members andwomen in the performance of OGS contracts. All bidders are expected
to cooperate in implementing this policy. OGS hereby establishes anoverall goal of 30% for MWBE participation, 15% for MinorityOwned Business Enterprises (“MBE”) participation and 15% for
Women-Owned Business Enterprises (“WBE”) participation (basedon the current availability of qualified MBEs and WBEs) for Construction Work and an overall goal of 10% for MWBE participation, 5%
for Minority-Owned Business Enterprises (“MBE”) participation and
5% for Women-Owned Business Enterprises (“WBE”) participation(based on the current availability of qualified MBEs and WBEs) forElectrical Work and an overall goal of 20% for MWBE participation,
10% for Minority-Owned Business Enterprises (“MBE”) participationand 10% for Women-Owned Business Enterprises (“WBE”) participation (based on the current availability of qualified MBEs and WBEs)
for HVAC Work. The total contract goal can be obtained by utilizing
any combination of MBE and /or WBE participation for subcontracting and supplies acquired under this Contract. Trades with 0% goals
are encouraged to make “good faith efforts” to promote and assist in
the participation of MWBEs on the Contract for the provision of services and materials.
Article 3 of the Veteran’s Services Law provides for more meaningful participation in public procurement by certified Service-Disabled
Veteran-Owned Businesses (“SDVOBs”). Bidders are expected toconsider SDVOBs in the fulfillment of the requirements of theContract. Such participation may be as subcontractors or suppliers, as
protégés, or in other partnering or supporting roles. OGS hereby
establishes overall goals for SDVOBs’ participation under thiscontract as follows: 3% for the C trade contractor, 6% for the E tradecontractor, and 3% for the H trade contractor, based on the current
availability of qualified SDVOBs. Trades with 0% goals are encouraged to make “good faith efforts” to promote and assist in theparticipation of SDVOBs on the Contract for the provision of services
and materials.
The Office of General Services reserves the right to reject any or allbids.
The Bidding and Contract Documents for this Project are available
for viewing, downloading, and Electronic Bidding from OGS Design& Construction’s Electronic Bidding service, Bid Express.
Registration along with viewing, downloading, and electronic bidding can be accessed at the following link: http://www.bidexpress.com

NYS Register/September 11, 2024
For questions about downloading of bid documents, please send an
e-mail to support@bidexpress.com, or call the Bid Express toll-freenumber at (888) 352-2439.
For all other questions, please send an email to
DCPlans@ogs.ny.gov, or call (518) 474-0203.
For additional information on this project, please use the link below
and then click on the project number:
https://online.ogs.ny.gov/dnc/contractorConsultant/esb/
ESBPlansAvailableIndex.asp
By OGS - Design & Construction GroupREHABILITATEEASTERN APPROACH STAIRCASE/PROMENADES/PORTICO/EXECUTIVE RAMP
New York State Capitol
Albany, Albany County
Sealed bids for Project No. 47331-C, for Construction Work,
Rehabilitate the Eastern Approach Staircase, Promenades, Portico &Executive Ramp, New York State Capitol, State Street, Albany(Albany County), NY, will be received by the Office of General Services (OGS), Design & Construction Group (D&C), Division ofContract Management, 35th Fl., Corning Tower, Empire State Plaza,
Albany, NY 12242, on behalf of the Office of General Services, until
2:00 p.m. on Wednesday, October 9, 2024, when they will be publicly
opened and read. Each bid must be prepared and submitted in accordance with the Instructions to Bidders and must be accompanied by abid security (i.e. certified check, bank check, or bid bond in the amountof $1,972,000 for C).
Further, Project Labor Agreement (PLA) Projects require a completed form BDC 59P (Project Labor Agreement List of Subcontractors) be filled out and submitted in accordance with Document 002221,
Supplemental Instructions to Bidders – PLA. Failure to submit thisform correctly will result in a disqualification of the bid.
All successful bidders will be required to furnish a Performance
Bond and a Labor and Material Bond pursuant to Sections 136 and137 of the State Finance Law, each for 100% of the amount of theContract, estimated to be between $70,000,000 and $80,000,000 for
C.
Designated staff are Kimberly Belden, Catherine Skaczkowski, Jessica Hoffman, and Pierre Alric in the Division of Contract Management, telephone (518) 474-0203, fax (518) 473-7862.
Pursuant to Public Buildings Law § 8(6), effective January 11,2020, for any projects where the project design commenced on or after January 1, 2020 and for any contracts over $5,000 for the work ofconstruction, reconstruction, alteration, repair, or improvement of any
State building, a responsible and reliable NYS-certified Minority or
Women-Owned Business Enterprise that submits a bid within ten
percent of the lowest bid will be deemed the apparent low bidder
provided that the bid is $1,628,283 or less, adjusted annually for inflation as of March 1, 2024. If more than one responsible and reliable
MWBE firm meets these requirements, the MWBE firm with the lowest bid will be deemed the apparent low bidder.
Project commenced design before January 1, 2020. Not subject
to provision.
XX Project commenced design on or after January 1, 2020. Subject
to provision.
The substantial completion date for this project is 1,491 days after
the Agreement is approved by the Comptroller.
The only time prospective bidders will be allowed to visit the jobsite to take field measurements and examine existing conditions of the
project area will be at 10:00 a.m. on September 5, 2024, or September
6, 2024, at Empire State Plaza, Concourse Level, Room 125, Albany,
NY. Prospective bidders are urged, but not mandated, to visit the siteat this time. Prospective bidders or their representatives attending the
pre-bid site visit will not be admitted on facility grounds without
proper photo identification. Note that parking restrictions and security

Advertisements for Bidders/Contractors
provisions will apply and all vehicles will be subject to search. Refer
to Document 002218 for any additional requirements for attendance atthe pre-bid site visit.
Phone the office of Hiland Doolittle (518-935-8574) a minimum of
48 hours in advance of the date to provide the names of those who willattend the pre-bid site visit. Only contractors that schedule a visit atleast 48 hours in advance will be allowed to participate in the pre-bid
site visit.
Pursuant to New York State Executive Law Article 15-A and therules and regulations promulgated thereunder, OGS is required topromote opportunities for the maximum feasible participation of New
York State-certified Minority- and Women-owned Business Enterprises (“MWBEs”) and the employment of minority group members
and women in the performance of OGS contracts. All bidders are
expected to cooperate in implementing this policy. OGS hereby
establishes an overall goal of 30% for MWBE participation, 15% for
Minority-Owned Business Enterprises (“MBE”) participation and
15% for Women-Owned Business Enterprises (“WBE”) participation(based on the current availability of qualified MBEs and WBEs). The
total contract goal can be obtained by utilizing any combination of
MBE and /or WBE participation for subcontracting and supplies
acquired under this Contract. Trades with 0% goals are encouraged tomake “good faith efforts” to promote and assist in the participation of
MWBEs on the Contract for the provision of services and materials.
Article 3 of the Veterans’ Services Law provides for more meaningful participation in public procurement by certified Service-Disabled
Veteran-Owned Businesses (“SDVOBs”). Bidders are expected toconsider SDVOBs in the fulfillment of the requirements of theContract. Such participation may be as subcontractors or suppliers, as
protégés, or in other partnering or supporting roles. OGS hereby
establishes overall goals for SDVOBs’ participation under thiscontract as follows: 6% for the C trade contractor, based on the current availability of qualified SDVOBs. Trades with 0% goals areencouraged to make “good faith efforts” to promote and assist in theparticipation of SDVOBs on the Contract for the provision of services
and materials.
The Bidding and Contract Documents for this Project are available
for viewing, downloading, and Electronic Bidding from OGS Design& Construction’s Electronic Bidding service, Bid Express.
Registration along with viewing, downloading, and electronic bidding can be accessed at the following link: http://www.bidexpress.com
For questions about downloading of bid documents, please send an
e-mail to support@bidexpress.com, or call the Bid Express toll-freenumber at (888) 352-2439.
For all other questions, please send an email to
DCPlans@ogs.ny.gov, or call (518) 474-0203.
For additional information on this project, please use the link below
and then click on the project number:
https://online.ogs.ny.gov/dnc/contractorConsultant/esb/
ESBPlansAvailableIndex.asp
By OGS - Design & Construction Group71

ISCELLANEOUS
MNOTICES/HEARINGS
Notice of Abandoned Property
Received by the State Comptroller
Pursuant to provisions of the Abandoned Property Law and relatedlaws, the Office of the State Comptroller receives unclaimed monies
and other property deemed abandoned. A list of the names and last
known addresses of the entitled owners of this abandoned property is
maintained by the office in accordance with Section 1401 of the
Abandoned Property Law. Interested parties may inquire if they appear on the Abandoned Property Listing by contacting the Office of
Unclaimed Funds, Monday through Friday from 8:00 a.m. to 4:30
p.m., at:
1-800-221-9311
or visit our web site at:www.osc.state.ny.us
Claims for abandoned property must be filed with the New YorkState Comptroller’s Office of Unclaimed Funds as provided in Section
1406 of the Abandoned Property Law. For further information contact:
Office of the State Comptroller, Office of Unclaimed Funds, 110 State
St., Albany, NY 12236.

PUBLIC NOTICE
Department of State
F-2024-0343
Date of Issuance – September 11, 2024
The New York State Department of State (DOS) is required byFederal regulations to provide timely public notice for the activities
described below, which are subject to the consistency provisions of
the Federal Coastal Zone Management Act of 1972, as amended.
The applicant has certified that the proposed activity complies withand will be conducted in a manner consistent with the approved New
York State Coastal Management Program.
In F-2024-0343, The Town of North Hempstead Department of Public Works is proposing to replace the existing concrete retaining wall,remove the existing timber bulkhead and boat slip, and construct a living shoreline consisting of six breakwaters with habitat restoration/enhancement, biological components, and low marsh wetland
plantings. The proposal would be located in the vicinity of Robert
Dayton Park, along Shore Road in the Town of North Hempstead on
Manhasset Bay.
The stated purpose of the proposed action is: “The continuing
deterioration of the shoreline stabilization structures in the vicinity ofRobert Dayton Park is critically threatening the adjacent roadway(Shore Road), utilities and infrastructure, Park facilities, public accessto Manhasset Bay, navigation, and tidal wetlands. Addressing these
deficiencies along Robert Dayton Park are necessary to ensure thecontinued structural integrity of the Park’s amenities, the adjacentroadway and water quality.”
The applicant’s consistency certification and supporting information are available for review at:https://dos.ny.gov/system/files/documents/2024/09/f-20230343.pdf or at https://dos.ny.gov/public-notices
Original copies of public information and data submitted by the applicant are available for inspection at the New York State Departmentof State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York.

Any interested parties and/or agencies desiring to express theirviews concerning any of the above proposed activities may do so by
filing their comments, in writing, no later than 4:30 p.m., 30 days fromthe date of publication of this notice, or October 11, 2024.
Comments should be addressed to: Consistency Review Unit,
Department of State, Office of Planning, Development and Community Infrastructure, One Commerce Plaza, 99 Washington Ave.,
Albany, NY 12231, (518) 474-6000; Fax (518) 473-2464. Electronic
submissions can be made by email at: CR@dos.ny.gov
This notice is promulgated in accordance with Title 15, Code ofFederal Regulations, Part 930.

PUBLIC NOTICE
Department of State
F-2024-0397
Date of Issuance – September 11, 2024
The New York State Department of State (DOS) is required byFederal regulations to provide timely public notice for the activities
described below, which are subject to the consistency provisions of
the Federal Coastal Zone Management Act (CZMA) of 1972, as
amended.
The applicant has certified that the proposed activities comply withand will be conducted in a manner consistent with the federally approved New York State Coastal Management Program (NYSCMP).
The applicant’s consistency certification and accompanying public information and data are available for inspection at the New York State
Department of State offices located at One Commerce Plaza, 99
Washington Avenue, in Albany, New York.
In F-2024-0397, Laurence and Cathleen Holt are proposing torestore and enhance approximately 25,000 square feet of degradedtidal marsh, create approximately 3,600 square feet of tidal marsh, andrestore an existing tennis court and its footprint minimized. The project is located on Van Amringe Millpond, at 79 Brevoort Lane, Rye,NY, 10580, NY 10580, Westchester County.
The applicant’s consistency certification and supporting information are available for review at:https://dos.ny.gov/system/files/documents/2024/09/f-20240397.pdf or at https://dos.ny.gov/public-notices
Any interested parties and/or agencies desiring to express theirviews concerning any of the above proposed activities may do so by
filing their comments, in writing, no later than 4:30 p.m., 30 days fromthe date of publication of this notice or October 11, 2024.
Comments should be addressed to: Department of State, Office ofPlanning and Development and Community Infrastructure, Consistency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington
Ave., Albany, NY 12231, (518) 474-6000. Electronic submissions canbe made by email at: CR@dos.ny.gov
This notice is promulgated in accordance with Title 15, Code ofFederal Regulations, Part 930.

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Miscellaneous Notices/Hearings
PUBLIC NOTICE
Department of State
F-2024-0430
Date of Issuance – September 11, 2024
The New York State Department of State (DOS) is required byFederal regulations to provide timely public notice for the activities
described below, which are subject to the consistency provisions of
the Federal Coastal Zone Management Act of 1972, as amended.
The applicant has certified that the proposed activity complies withand will be conducted in a manner consistent with the approved New
York State Coastal Management Program.
In F-2024-0430, Sag Harbor Yacht Club is proposing to construct a
305sf second floor balcony and associated stairs, on an existing
clubhouse. The balcony would be support on 6x6 ACQ treated lumber.
The existing clubhouse is located on an existing docking structure located over the waters of Sag Harbor Bay at 27 Bay Street in the Village of Sag Harbor.
The stated purpose of the proposed action is to construct a balcony
for use by yacht club members.
The applicant’s consistency certification and supporting information are available for review at:https://dos.ny.gov/system/files/documents2024/09/f-2024-0430.pdf
or at https://dos.ny.gov/public-notices
Original copies of public information and data submitted by the applicant are available for inspection at the New York State Departmentof State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York.
Any interested parties and/or agencies desiring to express theirviews concerning any of the above proposed activities may do so by
filing their comments, in writing, no later than 4:30 p.m., 30 days fromthe date of publication of this notice, or October 11, 2024.
Comments should be addressed to: Consistency Review Unit,
Department of State, Office of Planning, Development and Community Infrastructure, One Commerce Plaza, 99 Washington Ave.,
Albany, NY 12231, (518) 474-6000; Fax (518) 473-2464. Electronic
submissions can be made by email at: CR@dos.ny.gov
This notice is promulgated in accordance with Title 15, Code ofFederal Regulations, Part 930.

PUBLIC NOTICE
Department of State
F-2024-0519
Date of Issuance – September 11, 2024
The New York State Department of State (DOS) is required byFederal regulations to provide timely public notice for the activities
described below, which are subject to the consistency provisions of
the Federal Coastal Zone Management Act of 1972, as amended.
The applicant has certified that the proposed activity complies withand will be conducted in a manner consistent with the approved New
York State Coastal Management Program.
In F-2024-0519, the applicant, Steven Wickman, is proposing maintenance dredging of 15' wide x 175' long x 2' deep area to remove
194CY of material from area along the existing dock and boat accesschannel. Material will be hydraulically pumped, dewatered upland in
a 50'x200' area, and disposed of at an approved upland location. This
project is located at 59 Allen Road, Town of Hammond, St. Lawrence
County, St. Lawrence River.
The applicant’s consistency certification and supporting information are available for review at:https://dos.ny.gov/system/files/documents/2024/09/f-20240519.pdf or at https://dos.ny.gov/public-notices
The proposed activity would be located within or has the potential
to affect the following Special Management or Regulated Area(s):D Chippewa Bay Significant Coastal Fish and Wildlife Habitat:
https://dos.ny.gov/system/files/documents/2020/03/
chippewa_bay.pdf

74

NYS Register/September 11, 2024
Original copies of public information and data submitted by the applicant are available for inspection at the New York State Departmentof State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York.
Any interested parties and/or agencies desiring to express theirviews concerning any of the above proposed activities may do so by
filing their comments, in writing, no later than 4:30 p.m., 30 days fromthe date of publication of this notice, or October 11, 2024.
Comments should be addressed to: Consistency Review Unit,
Department of State, Office of Planning, Development and Community Infrastructure, One Commerce Plaza, 99 Washington Ave.,
Albany, NY 12231, (518) 474-6000; Fax (518) 473-2464. Electronic
submissions can be made by email at: CR@dos.ny.gov
This notice is promulgated in accordance with Title 15, Code ofFederal Regulations, Part 930.

PUBLIC NOTICE
Department of State
F-2024-0520
Date of Issuance – September 11, 2024
The New York State Department of State (DOS) is required byFederal regulations to provide timely public notice for the activities
described below, which are subject to the consistency provisions of
the Federal Coastal Zone Management Act of 1972, as amended.
The applicant has certified that the proposed activity complies withand will be conducted in a manner consistent with the approved New
York State Coastal Management Program.
In F-2024-0520, the applicant, Stephen Cikach, is proposing maintenance dredging of 30' wide x 40' long x 2' deep area to remove 89CY
of material from area around the existing dock and 25' wide x 60' longx 2' deep to remove 111CY of material from boat access channel. Material will be hydraulically pumped, dewatered upland in a 50'x200'
area, and disposed of at an approved upland location. This project islocated at 49 Allen Road, Town of Hammond, St. Lawrence County,
St. Lawrence River.
The applicant’s consistency certification and supporting information are available for review at:https://dos.ny.gov/system/files/documents/2024/09/f-20240520.pdf or at https://dos.ny.gov/public-notices
The proposed activity would be located within or has the potential
to affect the following Special Management or Regulated Area(s):D Chippewa Bay Significant Coastal Fish and Wildlife Habitat:
https://dos.ny.gov/system/files/documents/2020/03/
chippewa_bay.pdf
Original copies of public information and data submitted by the applicant are available for inspection at the New York State Departmentof State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York.
Any interested parties and/or agencies desiring to express theirviews concerning any of the above proposed activities may do so by
filing their comments, in writing, no later than 4:30 p.m., 30 days fromthe date of publication of this notice, or October 11, 2024.
Comments should be addressed to: Consistency Review Unit,
Department of State, Office of Planning, Development and Community Infrastructure, One Commerce Plaza, 99 Washington Ave.,
Albany, NY 12231, (518) 474-6000; Fax (518) 473-2464. Electronic
submissions can be made by email at: CR@dos.ny.gov
This notice is promulgated in accordance with Title 15, Code ofFederal Regulations, Part 930.

PUBLIC NOTICE
Department of State
F-2024-0521
Date of Issuance – September 11, 2024
The New York State Department of State (DOS) is required byFederal regulations to provide timely public notice for the activities

NYS Register/September 11, 2024
described below, which are subject to the consistency provisions of
the Federal Coastal Zone Management Act of 1972, as amended.
The applicant has certified that the proposed activity complies withand will be conducted in a manner consistent with the approved New
York State Coastal Management Program.
In F-2024-0521, the applicant, Ronald Martinez Jr., is proposing
maintenance dredging of 30' wide x 40' long x 2' deep area to remove
89CY of material from area around the existing dock and 15' wide x
100' long x 2' deep to remove 111CY of material from boat accesschannel. Material will be hydraulically pumped, dewatered upland in
a 50'x200' area, and disposed of at an approved upland location. This
project is located at 55 Allen Road, Town of Hammond, St. Lawrence
County, St. Lawrence River.
The applicant’s consistency certification and supporting information are available for review at:https://dos.ny.gov/system/files/documents/2024/09/f-20240521.pdf or at https://dos.ny.gov/public-notices
The proposed activity would be located within or has the potential
to affect the following Special Management or Regulated Area(s):D Chippewa Bay Significant Coastal Fish and Wildlife Habitat:
https://dos.ny.gov/system/files/documents/2020/03/
chippewa_bay.pdf
Original copies of public information and data submitted by the applicant are available for inspection at the New York State Departmentof State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York.
Any interested parties and/or agencies desiring to express theirviews concerning any of the above proposed activities may do so by
filing their comments, in writing, no later than 4:30 p.m., 30 days fromthe date of publication of this notice, or October 11, 2024.
Comments should be addressed to: Consistency Review Unit,
Department of State, Office of Planning, Development and Community Infrastructure, One Commerce Plaza, 99 Washington Ave.,
Albany, NY 12231, (518) 474-6000; Fax (518) 473-2464. Electronic
submissions can be made by email at: CR@dos.ny.gov
This notice is promulgated in accordance with Title 15, Code ofFederal Regulations, Part 930.

PUBLIC NOTICE
Department of State
Uniform Code Variance / Appeal Petitions
Pursuant to 19 NYCRR Part 1205, the variance and appeal petitions
below have been received by the Department of State. Unless otherwise indicated, they involve requests for relief from provisions of the
New York State Uniform Fire Prevention and Building Code. Persons
wishing to review any petitions, provide comments, or receive actual
notices of any subsequent proceeding may contact Brian Tollisen or
Neil Collier, Building Standards and Codes, Department of State, One
Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 4744073 to make appropriate arrangements.
2024-0392 Matter of Eucelino Pena-Urias, 1087 Carll Drive,
Bayshore, NY 11706, for a variance concerning safety requirements,
including height under projection. Involved is an existing dwelling located at 1087 Carll Drive, Town of Islip, County of Suffolk, State of
New York.
2024-0430 Matter of Victory Expediting, Maria Hickey, 606
Johnson Ave., Suite 25, Bohemia, NY 11716, for a variance concerning safety requirements, including basement ceiling height andstairway landing depth. Involved is an existing dwelling located at
196 Jayne Avenue, Town of Brookhaven, County of Suffolk, State of
New York.
2024-0432 Matter of Stephen Casil, 20 Willow Street, Floral Park,
NY 11001, for a variance concerning safety requirements, including
basement ceiling heights. Involved is an existing dwelling located at
20 Willow Street, Village of Floral Park, County of Nassau, State of
New York.
2024-0433 Matter of Guilor Architects P.C., Edna Guilor, 17 Ravine

Miscellaneous Notices/Hearings
Road, Great Neck, NY 11023, for a variance concerning safety
requirements, including basement ceiling height and stairway width
requirements. Involved is an existing dwelling located at 30 Johnstone
Road, Village of Great Neck, County of Nassau, State of New York.
2024-0437 Matter of Roopesh Moolsankar, 70 Celler Avenue, New
Hyde Park, NY 11040, for a variance concerning safety requirements,
including basement ceiling height requirements. Involved is an existing dwelling located at 70 Celler Avenue, Town of North Hempstead,County of Nassau, State of New York.

PUBLIC NOTICE
Department of State
Uniform Code Variance / Appeal Petitions
Pursuant to 19 NYCRR Part 1205, the variance and appeal petitions
below have been received by the Department of State. Unless otherwise indicated, they involve requests for relief from provisions of the
New York State Uniform Fire Prevention and Building Code. Persons
wishing to review any petitions, provide comments, or receive actual
notices of any subsequent proceeding may contact Brian Tollisen or
Neil Collier, Building Standards and Codes, Department of State, One
Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 4744073 to make appropriate arrangements.
2024-0436 Matter of Catherine Vandrei, 90 High Street, Huntington,
NY 11743, for a variance concerning safety requirements, includingheight under projection. Involved is an existing dwelling located at
170 Bay Road, Village of Huntington Bay, County of Suffolk, State of
New York.
2024-0434 Matter of Jacqueline Cacoperdo, 1233 Saxon Ave.,
Bayshore, NY 11706, for a variance concerning safety requirements,
including addition that is below required design flood elevation.
Involved is an existing dwelling located at 251 Edgewater Ave., Town
of Islip, County of Suffolk, State of New York.
2024-0436 Matter of Catherine Vandrei, 90 High Street, Huntington,
NY 11743, for a variance concerning safety requirements, includingheight under projection. Involved is an existing dwelling located at
170 Bay Road, Village of Huntington Bay, County of Suffolk, State of
New York.
2024-0440 Matter of Dynamic Expediting Services, 231 Islip Avenue, Islip, NY 11751, for a variance concerning safety requirements,
including height under projection. Involved is an existing dwelling located at 95 Applegate Drive, Town of Islip, County of Suffolk, State
of New York.
2024-0444 Matter of David Keller, 215 Williams Way S., Calverton,
NY 11933, for a variance concerning safety requirements, includingheight under projection. Involved is an existing dwelling located at
215 Williams Way S., Town of Riverhead, County of Suffolk, State of
New York.

PUBLIC NOTICE
Department of State
Uniform Code Variance / Appeal Petitions
Pursuant to 19 NYCRR Part 1205, the variance and appeal petitions
below have been received by the Department of State. Unless otherwise indicated, they involve requests for relief from provisions of the
New York State Uniform Fire Prevention and Building Code. Persons
wishing to review any petitions, provide comments, or receive actual
notices of any subsequent proceeding may contact Brian Tollisen or
Neil Collier, Building Standards and Codes, Department of State, One
Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 4744073 to make appropriate arrangements.
2024-0436 Matter of Catherine Vandrei, 90 High Street, Huntington,
NY 11743, for a variance concerning safety requirements, includingheight under projection. Involved is an existing dwelling located at
170 Bay Road, Village of Huntington Bay, County of Suffolk, State of
New York.
2024-0445 Matter of Andrew and Linda Cornell, 3 Ilsa Court, E.
Northport, NY 11731, for a variance concerning safety requirements,
including height under projection. Involved is an existing dwelling lo-

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Miscellaneous Notices/Hearings

NYS Register/September 11, 2024

cated at 3 Ilsa Court, Town of Huntington, County of Suffolk, State of
New York.

PUBLIC NOTICE
Department of Taxation and FinanceInterest Rates
The Commissioner of Taxation and Finance hereby sets the interest
rates for the months of October, November, and December 2024 pursuant to Tax Law sections 697(j) and 1096(e), as follows:
For purposes of section 697(j) the overpayment rate of interest is
set at 7 percent per annum, and the underpayment rate of interest is set
at 10.5 percent per annum. For purposes of section 1096(e), the overpayment rate of interest is set at 7 percent per annum, and theunderpayment rate of interest is set at 12 percent per annum. (Theunderpayment rates set pursuant to sections 697(j) and 1096(e) may
not be less than 7.5 percent per annum.) Pursuant to Tax Law section
1145(a)(1), the underpayment rate for State and local sales and use
taxes administered by the Commissioner of Taxation and Finance is
14.5 percent per annum. The underpayment rate for the special assessments on hazardous waste imposed by Environmental Conservation
Law section 27-0923 is 15 percent.
For the interest rates applicable to overpayments (refunds) andunderpayments (late payments and assessments) of the following taxes
administered by the Commissioner of Taxation and Finance for theperiod October 1, 2024 through December 31, 2024, see the tablebelow:
10/1/24 - 12/31/24
Interest Rate Per Annum
Compounded Daily
Commonly viewed tax types

Refunds

Income **Sales and use
Withholding
Corporation **Other tax types

7%
7%
7%
7%
Refunds

Adult-Use Cannabis Products
October 1, 2024 throughNovember 30, 2024***
Adult-Use Cannabis Products
December 1, 2024 throughDecember 31, 2024***
Alcoholic Beverage
Authorized Combative Sports
Beverage Container Deposits
Cigarette
Congestion Surcharge
Diesel Motor Fuel
EstateFuel Use Tax
Generation-Skipping Transfer
Hazardous Waste
Highway Use
Medical Cannabis
Metropolitan Commuter
Transportation Mobility Tax
Mortgage Recording
Motor Fuel
New York City Taxicab and Hail
Vehicle Trip Tax
Opioid Excise Tax
Paper Carryout Bag Reduction
Fee

7%

Late Payments& Assessments
10.5%
14.5% *
12%
12%
Late Payments& Assessments
12%

7%

14.5%

7%
7%
7%
NA
7%
7%
7%
****
7%
7%
7%
7%
7%

12%
12%
12%
12%
12%
12%
10.5%
****
10.5%
15%
12%
12%
10.5%

7%
7%
7%

12%
12%
12%

7%
7%

12%
14.5%

76

Petroleum Business
Real Estate Transfer
Tobacco Products
Transportation Network
Company Assessment
Waste Tire Management andRecycling Fee *****
Wireless Communications Surcharge

7%
7%
NA
7%

12%
12%
12%
12%

7%

14.5%

7%

14.5%

* The Tax Law requires the interest rate on sales tax assessments orlate payments to be set at 14.5% for this quarter. However, if the Commissioner determines that the failure to pay or the delay in payment isdue to reasonable cause and not willful neglect, the Commissioner
may impose interest at the corporation tax late payment and assessment rate. That rate is 12% for this quarter.
** There are a number of state and local governmental bodies thathave interest rates tied to the overpayment and underpayment rates
contained in either Tax Law section 697(j) (Income Tax) or section
1096(e) (Corporation Tax). For purposes of Tax Law section 697(j)and section 1096(e), the overpayment rate for this period is 7%. For
purposes of Tax Law section 697(j), the underpayment rate for this period is 10.5%. For purposes of Tax Law section 1096(e), the underpayment rate for this period is 12%.
*** Under Tax Law section 496-b(a), the rates of interest for overpayment and underpayment of tax relating to Adult-Use Cannabis
Products are set pursuant to Tax Law Article 28, effective December
1, 2024.
**** Under Tax Law section 527(f), the interest rates relating to the
Fuel Use tax are set pursuant to the International Fuel Tax Agreement(IFTA). For more information regarding IFTA interest rates, see
www.iftach.org***** Under Environmental Conservation Law sections 271913(3)-(5), the rates of interest for overpayment and underpaymentof tax relating to the waste tire management and recycling fee are set
pursuant to Tax Law Article 28, effective March 1, 2023.
For further information contact: Kathleen Chase, Office of Counsel,
Department of Taxation and Finance, W. A. Harriman Campus,
Albany, NY 12227, (518) 530-4153.
For rates for previous periods, visit the Department of Taxation and
Finance website: https://www.tax.ny.gov/pay/interest/

EXECUTIV
E
ORDERS
Executive Order No. 37.1: Declaration of a Disaster Emergency
in the State of New YorkWHEREAS, on July 16, 2024, I issued Executive Order Number 37
declaring a State Disaster Emergency for all counties in the State of
New York;
WHEREAS, the storm produced tornadic activity, damaging
straight-line winds, heavy rainfall, and flash flooding, resulting in roadclosures, travel disruptions, widespread power outages, and damage to
public and private property, which pose an ongoing threat to publichealth and safety for which affected local governments are unable torespond adequately;
NOW, THEREFORE, I, KATHY HOCHUL, Governor of the State
of New York, by virtue of the authority vested in me by the Constitution of the State of New York and Section 28 of Article 2-B of the Executive Law, do hereby extend the State Disaster Emergency as set
forth in Executive Order 37 and do hereby continue the terms, conditions, and suspensions contained in Executive Order 37 until September 14, 2024.
(L.S.)GIVEN under my hand and the Privy Seal of
the State in the City of Albany this 15th dayof August in the year two thousand twentyfour.
BY THE GOVERNOR/S/ Kathy Hochul/s/ Karen Persichilli Keogh
Secretary to the Governor

Executive Order No. 38: Declaring a Disaster Emergency in theState of New YorkWHEREAS, on August 9, 2024, and continuing thereafter, theremnants of Tropical Storm Debby are causing hazardous conditions
posing an imminent danger to public transportation, utility service,
public health, and public safety systems across the State;
WHEREAS, the storm is producing a heavy rain, up to 2 inches anhour, flash flooding, gusty winds, and severe thunderstorms resulting
in road closures, travel disruptions, widespread power outages, anddamage to public and private property, which pose a threat to the public health and safety;
NOW, THEREFORE, I, KATHY HOCHUL, Governor of the State
of New York, by virtue of the authority vested in me by the Constitution of the State of New York and Section 28 of Article 2-B of the Executive Law, do hereby find that a disaster is imminent for which theaffected local governments are unable to respond adequately. Therefore, I hereby declare a State Disaster Emergency effective August 9,2024, for the entire State of New York. This Executive Order shall bein effect through September 8, 2024; andFURTHER, pursuant to Section 29 of Article 2-B of the Executive
Law, I direct the implementation of the State Comprehensive Emergency Management Plan and authorize, effective August 9, 2024, Stateagencies, as necessary, to take appropriate action to protect State property and to assist affected local governments and individuals in
responding to and recovering from this disaster and to provide suchother assistance as necessary to protect the public health and safety.
IN ADDITION, this declaration satisfies the requirements of 49

CFR 390.23(b), which provides relief from 49 CFR sections 395.2
and 395.5. Such relief from the federal motor carrier hours of service
rules is necessary to ensure that crews can clear vital roadways andhasten the movement of utility power restoration crews into New YorkState;FURTHER, by virtue of the authority vested in me by Section 29-aof Article 2-B of the Executive Law to temporarily suspend or modify
any statute, local law, ordinance, order, rule, or regulation, or parts
thereof, if compliance with such statute, local law, ordinance, order,
rule, or regulation would prevent, hinder, or delay action necessary tocope with the disaster emergency, I hereby temporarily suspend or
modify, for the period from the date of this Executive Order throughSeptember 8, 2024, the following laws:
Article 5-A of the General Municipal Law to the extent necessary topurchase supplies, services, including construction, and equipment
without following the standard notice and procurement processes;
Section 9 of the Public Buildings Law and Article 4-C of the Economic Development Law, to the extent necessary to authorize theaward of emergency contracts in excess of one million five hundred
thousand dollars;
Section 97-G of the State Finance Law, to the extent necessary topurchase food, supplies, services, and equipment or furnish or provide
various centralized services to assist affected local governments,
individuals, and other non-State entities;
Section 112 of the State Finance Law, to the extent consistent with
Article V, Section I of the State Constitution, and to the extent necessary to add additional work, sites and time to State contracts; andSection 163 of the State Finance Law and Article 4-C of the Economic Development Law, to the extent necessary to purchase commodities, services, technology and materials without following thestandard notice and procurement processes.
FURTHER, I hereby temporarily modify, for the period from thedate of this Executive Order through September 8, 2024, the following
laws:
Section 24 of the Executive Law; Sections 104 and 346 of the
Highway Law; Sections 1602, 1630, 1640, 1650, and 1660 of the Vehicle and Traffic Law; Section 14(16) of the Transportation Law; Sections 6-602 and 17-1706 of the Village Law; Section 20(32) of theGeneral City Law; Section 91 of Second Class Cities Law; and Section 107.l of Title 21 of the New York Codes, Rules and Regulations, tothe extent necessary to provide the Governor with the authority toregulate traffic and the movement of vehicles on roads, highways, andstreets.
(L.S.)GIVEN under my hand and the Privy Seal of
the State in the City of Albany this 9th day ofAugust in the year two thousand twenty-four.
BY THE GOVERNOR/S/ Kathy Hochul/s/ Karen Persichilli Keogh
Secretary to the Governor

77