2023 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.