2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 1-A - Long Island Power Authority › 1020-S - Public Service Law Generally Not Applicable to Authority; Inconsistent Provisions in Certain Other Acts Superseded.

* §  1020-s. Public service law generally not applicable to authority;
  inconsistent provisions in certain other  acts  superseded.    * 1.  The
  rates,  services  and practices relating to the electricity generated by
  facilities owned or operated by the authority shall not  be  subject  to
  the  provisions  of  the  public service law or to regulation by, or the
  jurisdiction of, the public service commission, except to the extent (a)
  article seven of the public  service  law  applies  to  the  siting  and
  operation  of  a major utility transmission facility as defined therein,
  (b) article VIII of the public service law applies  to  the  siting  and
  operation  of  a  major electric generation facility or a major electric
  transmission facility as defined therein, (c) article ten  of  such  law
  applies  to  the siting of a generating facility as defined therein, (d)
  section eighteen-a of such  law  provides  for  assessment  for  certain
  costs,  property or operations, (e) to the extent that the department of
  public service reviews and makes recommendations  with  respect  to  the
  operations   and  provision  of  services  of,  and  rates  and  budgets
  established by, the authority pursuant to section three-b of  such  law,
  (f)  that  section  seventy-four  of  the  public service law applies to
  qualified energy storage systems within  the  authority's  jurisdiction,
  and (g) that section seventy-four-b of the public service law applies to
  Long Island community choice aggregation programs.
* NB Effective until December 31, 2040
* 1.  The  rates,  services  and practices relating to the electricity
  generated by facilities owned or operated by the authority shall not  be
  subject to the provisions of the public service law or to regulation by,
  or  the  jurisdiction  of,  the public service commission, except to the
  extent (a) article seven of the public service law applies to the siting
  and operation of  a  major  utility  transmission  facility  as  defined
  therein,  (b)  article  ten  of  such  law  applies  to  the siting of a
  generating facility as defined therein, (c) section eighteen-a  of  such
  law  provides  for assessment for certain costs, property or operations,
  (d) to the extent that the department  of  public  service  reviews  and
  makes  recommendations  with  respect to the operations and provision of
  services of,  and  rates  and  budgets  established  by,  the  authority
  pursuant  to  section three-b of such law, (e) that section seventy-four
  of the public service law applies to qualified  energy  storage  systems
  within the authority's jurisdiction, and (f) that section seventy-four-b
  of  the  public  service  law  applies  to  Long Island community choice
  aggregation programs.
* NB Effective December 31, 2040
2. The issuance by the authority of its  obligations  to  acquire  the
  securities  or  assets of LILCO shall be deemed not to be "state action"
  within the meaning of the state environmental quality  review  act,  and
  such  act  shall not be applicable in any respect to such acquisition or
  any action of the authority to effect such acquisition.
3. In the event  that  a  comprehensive  and  regular  management  and
  operations  audit,  as  provided  by  subdivision  (bb)  of  section one
  thousand twenty-f of this article, indicates a finding of fraud,  abuse,
  or  mismanagement  by  a  service  provider of the authority, and upon a
  finding by the public service commission that  reasonable  cause  exists
  for  the  basis  of  such  indication, the public service commission may
  order that any recommendations contained in the regular  management  and
  operations  audit be implemented. The public service commission may also
  provide in their order, the date in which  any  recommendation  must  be
  fully  implemented.  Failure to comply with any such order can result in
  the imposition of a civil  penalty  by  the  public  service  commission
  against  the  service  provider  or revocation of the service provider's
  authority to operate within the state.
* NB There are 2 § 1020-s's