NY Pub Serv L § 110 (2021)
2021 New York Laws PBS - Public Service Article 6 - Provisions Affecting Two or More Kinds of the Public Service and the Persons and Corporations Furnishing Such Service 110 - Control of Holding Companies and of Transactions Between Affiliated Interests.

§ 110. Control  of  holding  companies  and  of  transactions  between   affiliated interests.  1.  The  public  service  commission  shall  have   jurisdiction  over  holders  of  the  voting capital stock of all public   utility companies under the  jurisdiction  of  the  commission  to  such   extent  as  may  be  necessary  to  enable the commission to require the   disclosure of the identity in respective interests of every owner of any   substantial interest in such voting capital stocks. One  per  centum  or   more is a substantial interest, within the meaning of this subdivision.2.  The  commission  shall have jurisdiction over affiliated interests   having transactions, other  than  ownership  of  stock  and  receipt  of   dividends thereon, with utility corporations and other utility companies   under the jurisdiction of the commission, to the extent of access to all   accounts  and  records  of  such  affiliated  interests relating to such   transactions, including access to  accounts  and  records  of  joint  or   general  expenses,  any  portion  of  which  may  be  applicable to such   transactions; and to the extent of authority to require such reports  to   be  submitted  by  such  affiliated  interests,  as  the  commission may   prescribe. For the purposes of this section only, "affiliated interests"   include the following:a.  Every  corporation  and  person  owning  or  holding  directly  or   indirectly  five  per centum or more of the voting capital stock of such   utility corporation.b. Every corporation and person in any chain of  successive  ownership   of five per centum or more of voting capital stock.c.  Every  corporation five per centum or more of whose voting capital   stock is owned by any person or corporation owning five  per  centum  or   more  of  the voting capital stock of such utility corporation or by any   person or corporation in any such chain of successive ownership of  five   per centum or more of voting capital stock.d.  Every  person  who  is  an  officer  or  director  of such utility   corporation or of any corporation in any chain of  successive  ownership   of five per centum or more of voting capital stock.e.  Every  corporation  which  has one or more officers or one or more   directors in common with such utility corporation.f. Every corporation or person which the commission may determine as a   matter of fact after investigation and hearing  is  actually  exercising   any  substantial influence over the policies and actions of such utility   corporation even though such influence is not based  upon  stockholding,   stockholders,  directors  or  officers  to  the extent specified in this   section.g. Every person  or  corporation  who  or  which  the  commission  may   determine  as  a  matter  of  fact  after  investigation  and hearing is   actually exercising such substantial influence  over  the  policies  and   actions  of  such  utility  corporation  in conjunction with one or more   other corporations and/or persons with which or whom they are related by   ownership and/or  blood  relationship  or  by  action  in  concert  that   together  they  are  affiliated with such utility corporation within the   meaning of this  section  even  though  no  one  of  them  alone  is  so   affiliated.  The  word  "corporation," when used in this subdivision and   for the purpose thereof, includes a trustee or trustees under any  trust   agreement, including a voting trust agreement.3.  No  management,  construction,  engineering  or  similar contract,   hereafter made, with any affiliated interest, as  hereinbefore  defined,   shall  be  effective  unless  it  shall  first  have been filed with the   commission,  and  no  charge  for  any  such  management,  construction,   engineering  or  similar  service,  whether made pursuant to contract or   otherwise, shall exceed the reasonable cost of performing such  service.   In  any  proceeding  to  determine the reasonable cost of such charge or    service the burden of proof shall be on the company. If it be found that   any such contract is not in the public interest, the  commission,  after   investigation  and  a  hearing,  is hereby authorized to disapprove such   contract.4.  All  written  contracts  and  all  arrangements,  hereafter  made,   effected  through  corporate  resolutions  or  otherwise,  and  verified   summaries  of  all  unwritten contracts and arrangements, including such   contracts and arrangements with any affiliated interest as  hereinbefore   defined,   for   the  purchase  of  electric  energy,  gas  (natural  or   manufactured or a mixture of both), and/or water before the  same  shall   be  effective,  shall  first be filed with the commission, and no charge   for such electric energy, gas, and/or water  whether  made  pursuant  to   contract  or  otherwise, shall exceed the just and reasonable charge for   such electric energy, gas and/or water. In any proceeding  to  determine   the  reasonable  cost  of any such electricity, gas or water so sold and   delivered or to be delivered to such purchaser the burden of proof shall   be on the utility company purchasing the same. If it be found  that  any   such  contract  or  arrangement  is  not  in  the  public  interest, the   commission, after investigation and hearing,  is  hereby  authorized  to   disapprove such contract or arrangement.