NY Pub Serv L § 5 (2021)
2021 New York Laws PBS - Public Service Article 1 - The Department of Public Service 5 - Jurisdiction, Powers and Duties of Public Service Commission.

§ 5. Jurisdiction,  powers and duties of public service commission. 1.   The jurisdiction, supervision, powers and duties of the  public  service   commission shall extend under this chapter:b. To the manufacture, conveying, transportation, sale or distribution   of  gas (natural or manufactured or mixture of both) and electricity for   light, heat or power, to gas plants and to electric plants  and  to  the   persons or corporations owning, leasing or operating the same.c.  To  the  manufacture, holding, distribution, transmission, sale or   furnishing of steam for heat or  power,  to  steam  plants  and  to  the   persons or corporations owning, leasing or operating the same.d. To every telephone line which lies wholly within the state and that   part  within  the  state  of New York of every telephone line which lies   partly within and partly  without  the  state  and  to  the  persons  or   corporations owning, leasing or operating any such telephone line.e. To every telegraph line which lies wholly within the state and that   part  within  the  state  of New York of every telegraph line which lies   partly within and partly  without  the  state  and  to  the  persons  or   corporations owning, leasing or operating any such telegraph line.f. To the furnishing or distribution of water for domestic, commercial   or  public  uses and to water systems and to the persons or corporations   owning, leasing or operating the same.g. To every stock yard within the state and to the stock yard  company   owning, leasing or operating the same, to the same extent and in respect   to  the  same  objects  and purposes as such jurisdiction extends, under   this chapter, to depots, freight  houses  and  shipping  stations  of  a   common  carrier, including the duty of such stock yard company to submit   reports and be subjected  to  investigation  as  if  it  were  a  common   carrier, and the powers and duties of such commission to fix charges and   make and enforce orders relating to adequate service by such company.h.  A  corporation or person owning or holding a majority of the stock   of a common carrier, gas corporation or electrical  corporation  subject   to the jurisdiction of the public service commission shall be subject to   the  supervision  of  the  public  service  commission in respect of the   relations between such common carrier,  gas  corporation  or  electrical   corporation  and  such  owners  or  holders  of  a majority of the stock   thereof in so far as such relations arise from  or  by  reason  of  such   ownership  or  holding of stock thereof or the receipt or holding of any   money or property thereof or from or by reason of any  contract  between   them;  and  in respect of such relations shall in like manner and to the   same extent as  such  common  carrier,  gas  corporation  or  electrical   corporation   be   subject  to  examination  of  accounts,  records  and   memoranda, and shall furnish such reports and information as the  public   service commission shall from time to time direct and require, and shall   be subject to like penalties for default therein.2. The commission shall encourage all persons and corporations subject   to  its  jurisdiction  to  formulate  and carry out long-range programs,   individually or cooperatively,  for  the  performance  of  their  public   service  responsibilities  with  economy,  efficiency,  and care for the   public  safety,  the  preservation  of  environmental  values  and   the   conservation of natural resources.3.  Application of the provisions of this chapter to one-way paging or   two-way mobile radio  telephone  service  with  the  exception  of  such   services  provided by means of cellular radio communication is suspended   unless the commission, no sooner than one year after the effective  date   of  this  subdivision,  makes a determination, after notice and hearing,   that regulation of such services should be reinstituted  to  the  extent   found  necessary  to  protect  the  public interest because of a lack of   effective competition. 4. Upon finding that it is in  the  public  interest  to  do  so,  the   commission may exempt from any or all of the provisions of this chapter,   for  such  period  of  time  as  it deems appropriate, an association of   homeowners owning and operating  any  water  plant  or  water-works  and   distributing water only to customers having an interest and voice in its   operation.5.  The  commission  shall  develop  a  plan  to  maximize  the use of   telecommuting to conserve energy otherwise used by the personnel of  the   department  in commuting to their assigned workplace. Within one year of   the effective date of this subdivision, the commission  shall  submit  a   report to the governor and the legislature on the impact of such plan to   include,  but  not  be  limited  to,  energy  conservation, air quality,   workforce acceptance, office costs and potential cost savings.6. a. Application of  the  provisions  of  this  chapter  to  cellular   telephone  services  is  suspended unless the commission, no sooner than   one  year  after  the  effective  date  of  this  subdivision,  makes  a   determination,   after  notice  and  hearing,  that  suspension  of  the   application of the provisions of this chapter shall cease to the  extent   found necessary to protect the public interest.b.  For  the  purpose  of  determining  whether a cellular provider is   subject to taxation under section one hundred eighty-six-a  of  the  tax   law  on  a gross income or gross operating income basis, during a period   of suspension prescribed pursuant to this section,  the  tax  status  of   such  provider  shall  be determined on the day previous to the day such   suspension commenced and such status shall continue during the period of   such suspension.c. Notwithstanding paragraph a of this subdivision, the commission may   designate any commercial mobile  radio  or  cellular  telephone  service   providers  as  an  eligible  telecommunications  carrier for purposes of   providing lifeline service, in addition to any commercial  mobile  radio   or  cellular  telephone service providers designated as such pursuant to   47 U.S.C. § 214(e) and 47 U.S.C. § 214(e)(2), without requiring any such   provider to obtain a certificate of  public  convenience  and  necessity   pursuant  to  section  ninety-nine  of  this  chapter. The commission is   authorized  and  directed  to  promulgate  all  rules  and   regulations   necessary  to  implement  the  provisions  of  this  paragraph,  and  to   establish  standards  and  safeguards  for  approval  as   an   eligible   telecommunications  carrier  for purposes of providing lifeline service.   Such standards and safeguards shall include, but not be limited to,  the   provider's managerial, financial and technical capability and expertise,   including whether the provider has forfeited eligible telecommunications   carrier  designation  in another state or been subject to the imposition   of  substantial  monetary  penalties  by  the   federal   communications   commission  or  another  state.  Upon  adoption  by the commission, such   standards and safeguards shall apply to new applicants,  and  shall  not   apply  to  previously  approved providers or affiliated entities of such   providers with common financial, managerial and technical capability and   expertise.