NY Pub Serv L § 80 (2021)
2021 New York Laws PBS - Public Service Article 4-A - Provisions Relating to Steam Corporations; Regulating Price of Steam. 80 - General Powers of Commission in Respect to Steam Heating.

§ 80. General  powers  of  commission in respect to steam heating. The commission shall: 1. Have general supervision of all steam  corporations having  authority  under any general or special law or under any charter or franchise to lay down, regulate or maintain pipes, conduits, ducts or other fixtures in, over or under the streets, highways and public places of any municipality, for the purpose of furnishing or transmitting steam for heat or power, and  all  plants  leased  or  operated  by  any  such corporation.   2.  Investigate and ascertain, from time to time, the methods employed by such persons and  corporations  in  manufacturing,  distributing  and supplying  steam  for  heat  or  power  and  have  power  to  order such reasonable improvements  as  will  best  promote  the  public  interest, preserve  the  public  health  and protecting those using such steam and those employed in the manufacture and  distribution  thereof,  and  have power  to  order  reasonable  improvements  and extensions of the pipes, lines, conduits, ducts  and  other  reasonable  devices,  apparatus  and property of such corporation.   3.  Have  power,  in  its  discretion, to prescribe uniform methods of keeping account, records and books, to be observed by  such  corporation in  the  manufacture, sale and distribution of steam. It may also in its discretion prescribe, by order, forms of accounts, records and memoranda to be kept by such persons and corporations. Notice  of  alterations  by the  commission  in  the  required method or form of keeping a system of accounts  shall  be  given  to  such  persons  or  corporations  by  the commission  at  least six months before the same shall take effect.  Any other and additional forms of accounts, records and  memoranda  kept  by such corporation shall be subject to examination by the commission.   4. Examine all persons and corporations under its supervision and keep informed as to the methods, practices, regulations and property employed by  them in the transaction of their business. The commission shall have power of its own motion  to  examine  and  investigate  the  plants  and methods  employed  in  manufacturing, delivering and supplying steam and shall have access through its members or persons employed and authorized by it to make such examinations and investigations to all parts  of  the manufacturing  plants  owned,  used  or  operated  for  the manufacture, transmission, distribution, furnishing or sale  of  steam  for  heat  or power  by  any such person or corporation. Whenever the commission shall be of the opinion, after  hearing  had  upon  its  own  motion  or  upon complaint,  that  the rates or charges or the acts or regulations of any such  person  or  corporation,  are   unjust,   unreasonable,   unjustly discriminatory or unduly preferential or in any wise in violation of any provision  of  law,  the commission shall determine and prescribe in the manner provided by and subject to the provisions of section  eighty-five of  this chapter the just and reasonable rates and charges thereafter to be enforced for the service to be furnished, and the just and reasonable acts  and  regulations  to  be  done  and  observed;  and  whenever  the commission shall be of opinion, after hearing had upon its own motion or upon  complaint,  that the property, equipment or appliances of any such person  or  corporation  are  unsafe,  inefficient  or  inadequate,  the commission  shall  determine  and  prescribe  the  safe,  efficient  and adequate property, equipment  and  appliances  thereafter  to  be  used, maintained and operated for the security and accommodation of the public and in compliance with the provisions of law and of their franchises and charters.   5.  Require  every person and corporation under its supervision and it shall be the duty of every such person and corporation to file with  the commission  an  annual  report,  verified  by the oath of the president, vice-president, treasurer, secretary, general manager  or  receiver,  if  any,  thereof,  or  by  the  person  required  to  file  the  same.  The verification shall be made by said officials holding office at the  time of  the filing of said report, and if not made upon the knowledge of the person verifying the same shall set forth the sources of his information and  the  grounds  of  his  belief  as  to  any matters not stated to be verified upon his knowledge. The report shall show in detail:  (a) The amount of its authorized capital stock and the amount  thereof issued  and  outstanding;  (b)  the  amount  of  its  authorized  bonded indebtedness and the amount of its bonds and other forms of evidence  of indebtedness  issued  and outstanding; (c) its receipts and expenditures during the preceding year; (d) the amount paid  as  dividends  upon  its stock  and  as interest upon its bonds; (e) the name of its officers and the aggregate amount paid as salaries to them and  the  amount  paid  as wages  to  its  employees;  (f)  the location of its plant or plants and system, with a full description of its property and franchises,  stating in  detail  how each franchise stated to be owned was acquired; (g) such other facts pertaining to the operation and maintenance of the plant and system, and the affairs of such person or corporation as may be required by the commission. Such report shall be in the form,  cover  the  period and  be  filed  at the time prescribed by the commission. The commission may from time to time make changes and additions in such forms. When any such report is defective or believed to  be  erroneous,  the  commission shall  notify  the person or corporation making such report to amend the same within a time prescribed by the  commission.  Any  such  person  or corporation  which  shall neglect to make any such report or which shall fail to correct any such  report  within  the  time  prescribed  by  the commission  shall  be  liable to a penalty of one hundred dollars and an additional penalty of  one  hundred  dollars  for  each  day  after  the prescribed time for which it shall neglect to file and correct the same, to  be  sued for in the name of the people of the state of New York. The amount recovered in any  such  action  shall  be  paid  into  the  state treasury  and be credited to the general fund. The commission may extend the time prescribed for cause shown.   6. Have power, either through its members or inspectors  or  employees duly  authorized by it, to enter in or upon and to inspect the property, buildings, plants, power houses, ducts, conduits and offices of any such corporation or person.   7. Have power to examine  all  accounts,  books,  contracts,  records, documents  and papers of any such person or corporation, and have power, after a hearing, to prescribe by order all accounts in which  particular outlays  and receipts shall be entered, charged or credited. At any such hearing the burden of proof shall  be  on  the  person,  corporation  or municipality  to establish the correctness of the accounts in which such outlays and receipts have been entered, and the commission may suspend a charge or credit pending submission of proof by such person, corporation or municipality.   8. Have power to compel, by subpoena duces tecum,  the  production  of any  accounts,  books,  contracts,  records,  documents,  memoranda  and papers.  In lieu of requiring production of originals by subpoena  duces tecum the commission or any commissioner may require sworn copies of any such  books, records, contracts, documents and papers, or parts thereof, to  be  filed  with  it.  The  commission  may  require  of   all   such corporations,  persons  or municipalities, specific answers to questions upon which the commission may need information,  and  may  also  require such corporations, persons or municipalities to file periodic reports in the  form,  covering  the period and filed at the time prescribed by the commission. If such corporation, person or municipality  shall  fail  to make  specific  answer  to any question or shall fail to make a periodic  report when required by the commission as  herein  provided  within  the time  and  in  the  form prescribed by the commission for the making and filing of any such report or answer, such  corporation,  person  or  the officer  of  the  municipality shall forfeit to the state the sum of one hundred dollars for each and every  day  it  shall  continue  to  be  in default with respect to such report or answer.  Such forfeiture shall be recovered  in  an  action  brought  by the commission in the name of the people of the state of New York. The amount recovered in any such action shall be paid into the state treasury and be  credited  to  the  general fund.   9.  Have  power  in  all parts of the state, either as a commission or through  its  members  or  through  an  officer  or  employee  specially authorized   to   conduct  an  investigation  or  hearing,  to  subpoena witnesses, take testimony and  administer  oaths  to  witnesses  in  any proceeding  or  examination  instituted before it, or conducted by it in reference to any matter within its jurisdiction under this article.   10. (a) Have power to  require  every  steam  corporation,  person  or municipality,  hereinafter in this subdivision called a utility, to file with the commission and to print and  keep  open  to  public  inspection schedules showing all rates and charges made, established or enforced or to  be  charged  or enforced, all forms of contract or agreement and all rules and regulations relating to rates, charges or service used  or  to be used, and all general privileges and facilities granted or allowed by such  utility;  but this subdivision shall not apply to state, municipal or federal contracts.  (b) No change shall be made in any rate or charge, or in any  form  of contract  or  agreement  or any rule or regulation relating to any rate, charge or service, or in any general privilege or facility, which  shall have been filed or published by a utility in compliance with an order of the  commission,  except after thirty days' notice to the commission and to each county, city, town and village served by such utility, which had filed with such utility, within the prior twelve months, a  request  for such  notice  and  which  shall  be  affected  by  such  change  and the publication for thirty days as required  by  order  of  the  commission, which  shall  plainly state the changes proposed to be made and when the change will go into effect. The commission for  good  cause  shown  may, except  in the case of major changes, allow changes to take effect prior to the end of such thirty-day period and without publication  of  notice to  the public under such conditions as it may prescribe. The commission may delegate to the secretary of the commission its authority to approve a change to a schedule postponing the effective date  of  such  schedule previously  filed  with the commission and to allow for good cause shown the postponement to take effect prior to  the  end  of  such  thirty-day period and without publication of notice to the public.  (c) For the purpose of this subdivision, "major changes" shall mean an increase  in  the  rates  and charges which would increase the aggregate revenues of the  applicant  more  than  the  greater  of  three  hundred thousand  dollars  or  two  and  one-half percent, but shall not include changes in rates, charges or rentals allowed to go into  effect  by  the commission or made by the utility pursuant to an order of the commission after hearings held upon notice to the public.  (d)  No  utility shall charge, demand, collect or receive a greater or less or different  compensation  for  any  service  rendered  or  to  be rendered  than the rates and charges specified in its schedule filed and in effect; nor shall any utility refund or remit in any manner or by any device any portion of the rates or charges so specified, nor  extend  to any person any form of contract or agreement, or any rule or regulation,  or any privilege or facility, except such as are regularly and uniformly extended to all persons under like circumstances.  (e)  The  commission  shall  have power to prescribe the form of every such schedule, and from time to time prescribe by order such changes  in the  form  thereof as may be deemed wise. The commission shall also have power to establish such rules and regulations to carry into effect  this subdivision  as it may deem necessary, and to modify or amend such rules or regulations from time to time.  (f) Whenever there shall be filed with the commission by  any  utility any  schedule stating a new rate or charge, or any change in any form of contract or agreement or any rule or regulation relating  to  any  rate, charge  or  service,  or  in  any  general  privilege  or  facility, the commission may, at any time within sixty days from the  date  when  such schedule  would  or  has become effective, either upon complaint or upon its own initiative, and, if it so orders, without answer or other formal pleading by the utility, but upon  reasonable  notice,  hold  a  hearing concerning  the  propriety  of a change proposed by the filing.  If such change is a major change, the commission  shall  hold  such  a  hearing. Pending  such  hearing  and decision thereon the commission, upon filing with such schedule and delivering to the utility, a statement in writing of its reasons therefor, may suspend the operation of such schedule, but not for a longer period than one hundred and twenty days beyond the time when it would otherwise go into  effect.  After  full  hearing,  whether completed  before or after the schedule goes into effect, the commission may make such order in  reference  thereto  as  would  be  proper  in  a proceeding  begun after the rate, charge, form of contract or agreement, rule, regulation, service, general  privilege  or  facility  had  become effective.    If  such  hearing cannot be concluded within the period of suspension as above stated, the commission may extend the suspension for a further period not exceeding six months.  (g) The commission may, as authorized by section eighty-five  of  this article,  establish  temporary  rates  or  charges  for  any  period  of suspension under this section.   At any  hearing  involving  a  rate  or charge,  the  burden of proof to show that the change in rate or charge, or proposed change in rate or charge if proposed by the utility, or that the existing rate or charge, if it is proposed to  reduce  the  rate  or charge,  is  just  and  reasonable  shall  be  upon the utility; and the commission may give to  the  hearing  and  decision  of  such  questions preference  over  all  other  questions pending before it. The schedule, rates,  charges,  form  of  contract  or  agreement,  rule,  regulation, service,  general  privilege or facility in force when the new schedule, rate, charge, form  of  contract,  rule,  regulation,  service,  general privilege  or  facility  was  filed  shall  continue in force during the period of  the  suspension  unless  the  commission  shall  establish  a temporary  rate  or  charge as authorized by section eighty-five of this article.   11. In case any steam  corporation  is  engaged  in  carrying  on  any business  other  than owning, operating or managing a steam plant, which other business is not otherwise  subject  to  the  jurisdiction  of  the commission,   and  is  so  conducted  that  its  operations  are  to  be substantially kept  separate  and  apart  from  the  owning,  operating, managing or controlling of such steam plant, said corporation in respect of  such other business shall not be subject to any of the provisions of this chapter and  shall  not  be  required  to  procure  the  assent  or authorization  of the commission to any act in such other business or to make any report in respect  thereof.  But  this  subdivision  shall  not restrict or limit the powers of the commission in respect to the owning, operating,  managing  or  controlling  by such corporation of such steam  plant, and said powers shall include also the right to  inquire  as  to, and  prescribe the apportionment of, capitalization, earnings, debts and expenses fairly and justly to be awarded to or borne by  the  ownership, operation,  management  or  control of such steam plant as distinguished from such other business. In any such case  if  the  owning,  operating, managing  or  controlling of such steam plant by any such corporation is wholly subsidiary and incidental to the other business carried on by  it and  is  inconsiderable  in amount and not general in its character, the commission may by general rules exempt such corporation from making full reports and from the keeping of  accounts  as  to  such  subsidiary  and incidental business.   12.  Notwithstanding  any  other  provision  of  law  to the contrary, whenever a city having a population of one million or more provides  for a  deduction  from  gross receipts of a steam corporation, pursuant to a local law authorized by the provisions of  subdivision  (k)  of  section twelve  hundred  one  of  the tax law, the rate or charge imposed by any such corporation within such city upon non-residential  users  of  steam eligible  to  receive  a  rebate  in accordance with a local law or laws adopted pursuant to article two-G of the general city law shall  be  set by  the  commission so as to reflect fully the decrease in tax liability attributable to such deduction.