2023 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.