2023 New York Laws › PBS - Public Service › Article 4 - Provisions Relating to Gas and Electric Corporations; Regulation of Price of Gas and Electricity › 66 - General Powers of Commission in Respect to Gas and Electricity.

§ 66. General  powers of commission in respect to gas and electricity.
The commission shall:
1. Have general supervision  of  all  gas  corporations  and  electric
corporations  having authority under any general or special law or under
any charter or franchise to lay down, erect or  maintain  wires,  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  distributing  gas  or  of  furnishing  or  transmitting
electricity  for  light,  heat  or  power,  or  maintaining  underground
conduits  or  ducts  for  electrical  conductors, and all gas plants and
electric plants owned, leased or operated  by  any  gas  corporation  or
electric corporation.
1-a. Review the annual capital expenditure of each combination gas and
electric  corporation and may order such improvement in the manufacture,
conveying,  transportation,  distribution  or  supply  of  gas,  in  the
manufacture,  transmission  or  supply of electricity, or in the methods
employed  by  such  corporation  as  in  the  commission's  judgment  is
adequate, just and reasonable.
2.  Investigate  and  ascertain, from time to time, the quality of gas
supplied  by  persons,  corporations  and  municipalities;  examine   or
investigate  the  methods  employed  by  such  persons, corporations and
municipalities in  manufacturing,  distributing  and  supplying  gas  or
electricity  for  light, heat or power and in transmitting the same, and
have power to order such reasonable improvements as  will  best  promote
the  public interest, preserve the public health and protect those using
such gas or electricity  and  those  employed  in  the  manufacture  and
distribution  thereof,  and  have power to order reasonable improvements
and extensions of the works, wires, poles, lines,  conduits,  ducts  and
other  reasonable  devices,  apparatus and property of gas corporations,
electric corporations  and  municipalities;  and  have  power  after  an
investigation  and  a  hearing to order any corporation having authority
under any general or special law or under any charter or  franchise,  to
lay  down,  erect  or  maintain  wires,  pipes, conduits, ducts or other
fixtures in, over or under the streets, highways and  public  places  of
any  municipality  for the purpose of supplying, selling or distributing
natural gas,  to  augment  its  supply  of  natural  gas,  whenever  the
commission deems necessary and whenever artificial gas can be reasonably
obtained,  by  acquiring  by purchase, manufacture or otherwise a supply
thereof to be mixed with such natural gas, in order to  render  adequate
service to the customers of such corporation or to maintain a proper and
uniform pressure; and have power after an investigation and a hearing to
order  any corporation having authority under any general or special law
or under any charter or franchise, to lay down, erect or maintain wires,
pipes, conduits, ducts or other fixtures in, over or under the  streets,
highways  and  public  places  of  any  municipality  for the purpose of
supplying, selling or distributing artificial gas, to augment its supply
of artificial gas, whenever the commission deems necessary and  whenever
natural  gas  can  be  reasonably  obtained, by acquiring by purchase or
otherwise a supply thereof to be mixed  with  such  artificial  gas,  in
order to render adequate service to the customers of such corporation or
to  maintain a proper and uniform pressure; and to fix such rate for the
supplying of mixed gas as  shall  secure  to  such  corporation  a  fair
return;  and  may  order the curtailment or discontinuance of the use of
natural gas  for  manufacturing  or  industrial  purposes,  for  periods
aggregating  not  to  exceed  four months in any calendar year, if it is
established to the satisfaction of the commission  that  the  supply  of
natural  gas  is not adequate to meet the reasonable demands of domestic

consumption and may prohibit the use of natural gas in wasteful  devices
and practices.
2-a. Have power, after an investigation and hearing held on notice and
upon  a finding that as a result of a shortage of gas a public emergency
exists, to determine whether any gas corporation has available,  or  may
be  made  available by the operation of its facilities, gas in excess of
an amount necessary to supply its consumers for purposes for  which  gas
may  properly  be  used during such emergency. Upon the making of such a
determination it shall have power to order such  a  gas  corporation  to
transfer  and  make  available  to  any  other  gas  corporation where a
shortage of gas exists, for the duration of the emergency, any or all of
such excess gas for which the transferring company  shall  receive  just
compensation.  Such  order may require the installation and operation of
all  necessary  connections  and  facilities  at  the  expense  of   the
purchasing  gas  corporation  and require the selling and purchasing gas
corporation to adopt appropriate regulations and practices to carry  out
the transfer of gas as ordered.
3.  Have  power by order to fix and change from time to time standards
of the purity, illuminating power and heating power, and  standards  for
the  measurement thereof, of gas to be manufactured, distributed or sold
by persons, corporations or  municipalities  for  lighting,  heating  or
power  purposes,  notwithstanding  that  other  standards of the purity,
illuminating power and heating  power  of  gas  and  standards  for  the
measurement  thereof,  may have been fixed by general or special statute
and to prescribe from time to time the efficiency of the electric supply
system, of the current supplied  and  of  the  lamps  furnished  by  the
persons,  corporations or municipalities generating and selling electric
current, and by order to require the gas so manufactured, distributed or
sold to equal the standards so fixed by it, and to prescribe  from  time
to  time  the reasonable minimum and maximum pressure at which gas shall
be delivered by said persons, corporations or  municipalities.  For  the
purpose of determining whether the gas manufactured, distributed or sold
by such persons, corporations or municipalities for lighting, heating or
power  purposes conforms to the standards of illuminating power, heating
power, purity and pressure, and for the purpose of  determining  whether
the  efficiency  of  the electric supply system, of the current supplied
and of the  lamps  furnished  conforms  to  the  orders  issued  by  the
commission,  the  commission  shall  have  power  of  its own motion, to
examine  and  investigate   the   plants   and   methods   employed   in
manufacturing,  delivering  and  supplying gas or electricity, 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  by  the  manufacture,
transmission or distribution of gas or electricity by any  such  person,
corporation or municipality.
4.  Have  power,  in  its  discretion, to prescribe uniform methods of
keeping accounts, records and books, to be observed by gas  corporations
and   electric   corporations  and  by  municipalities  engaged  in  the
manufacture, sale and distribution of gas  and  electricity  for  light,
heat  or power. It may also in its discretion prescribe, by order, forms
of  accounts,  records  and  memoranda  to  be  kept  by  such  persons,
corporations and municipalities. 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 corporations shall be
subject to examination by the commission.
5. Examine all persons,  corporations  and  municipalities  under  its
supervision  and keep informed as to the methods, practices, regulations
and property employed by them in  the  transaction  of  their  business.
Whenever  the  commission  shall be of opinion, after a hearing had upon
its   own   motion  or  upon  complaint,  that  the  rates,  charges  or
classifications  or  the  acts  or  regulations  of  any  such   person,
corporation   or   municipality   are   unjust,  unreasonable,  unjustly
discriminatory or unduly preferential or in anywise 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  seventy-two
of   this   chapter   the   just   and  reasonable  rates,  charges  and
classifications thereafter  to  be  in  force  for  the  service  to  be
furnished  notwithstanding  that  a  higher  or lower rate or charge has
heretofore been prescribed by  general  or  special  statute,  contract,
grant, franchise condition, consent or other agreement, and the just and
reasonable  acts  and  regulations to be done and observed; and whenever
the commission shall be of opinion, after a hearing  had  upon  its  own
motion  or upon complaint, that the property, equipment or appliances of
any such person, corporation or municipality 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.
6.  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 official 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 names 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; and (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 reports 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,  corporation  or municipality making such report to
amend the same within a time prescribed  by  the  commission.  Any  such
person  or  corporation  or municipality 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 or
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.
7. Require each municipality engaged in operating any works or systems
for  the  manufacture  and  supplying  of  gas or electricity to make an
annual report to the commission, verified by the  oath  of  the  general
manager  or superintendent thereof, showing in detail, (a) the amount of
its authorized bonded indebtedness and the amount of its bonds and other
forms of evidence of indebtedness issued and  outstanding  for  lighting
purposes;  (b)  its receipts and expenditures during the preceding year;
(c) the amount paid as interest upon its bonds and upon other  forms  of
evidence  of  indebtedness;  (d) the name of and the amount paid to each
person receiving a yearly or monthly salary,  and  the  amount  paid  as
wages to employees; (e) the location of its plant and system with a full
description  of the property; and (f) such other facts pertaining to the
operation and maintenance of the plant and system 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.
8. 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, factories, power houses, ducts, conduits and  offices
of any of such corporations, persons or municipalities.
9.  Have  power  to  examine  the accounts, books, contracts, records,
documents and papers of any such corporation,  person  or  municipality,
and  have  power,  after  hearing, to prescribe by order the 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.
10. 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.
11. 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.
12.  (a)  Have  power  to  require  every  gas  corporation,  electric
corporation and 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, except to the extent such
contracts relate to transportation of electricity.
(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  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 publication
of a notice to the public of such proposed change once in each week  for
four  successive weeks in a newspaper having general circulation in each
county containing territory  affected  by  the  proposed  change,  which
notice shall plainly state the changes proposed 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 (i) 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,  or  (ii)
proposed by a municipality.
(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. Nothing in this chapter shall be taken
to prohibit a utility from  establishing  sliding  scale  upward  rates,
beginning  at  a  fixed  price per unit for a small consumption and then
increasing the price per unit as the consumption is increased.
(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 any 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 shall review all filings to determine if they are
in compliance with section seventy-two-a of this article. The commission
shall have the power to hold public hearings concerning the propriety of
any increased rate or charge for fuel costs. At  any  hearing  involving
such  an  increase,  the  burden  of  proof  as  to  the correctness and
reasonableness of the charge shall be upon the utility.
(h) The commission may, as authorized by section seventy-two  of  this
article,  establish  temporary  rates  or  charges  for  any  period  of
suspension under this section.
(i) At any hearing involving a rate, the burden of proof to show  that
the  change  or  proposed change if proposed by the utility, or that the
existing rate, if it is  proposed  to  reduce  the  rate,  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.
(j) 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 seventy-two of this
article.
(k) In any case in which the commission determines that the  whole  or
any  part  of any increased rate or charge imposed by a utility pursuant
to any automatic adjustment, including  but  not  limited  to  any  fuel
adjustment, was not just and reasonable, because of a lack of reasonable
care  on  the  part of the utility in providing gas or electric service,
the commission may order the  utility  to  refund,  with  interest,  any
moneys  collected  by the utility pursuant to such whole or part of such
increased rate or charge. In determining  whether  a  utility  exercised
reasonable  care  in  providing  gas or electric service, the commission
shall take into account the public health and safety  consequences,  and
the economic consequences to ratepayers, of the utility's actions.
12-a.  Have  power  to  fix  and  alter  the  format and informational
requirements of bills utilized by public and private  gas  corporations,
electric  corporations  and  gas  and  electric  corporations in levying

charges for service, to assure simplicity and  clarity  and  to  require
indication  of any adjustment charges, including but not limited to fuel
adjustments, in monetary amounts. The commission  shall  further  ensure
periodic  explanation  of  applicable  rates  and rate schedules for the
purpose of assisting customers in  making  the  most  efficient  use  of
energy.
12-b.  (a)  In consultation with the commissioner of the department of
commerce have power 1. to designate as economic incentive areas specific
areas   in   which   reduced   economic   activity,   unemployment   and
underutilization of utility facilities justifies the approval of reduced
incentive  rates  for  utility  services, and to promulgate criteria for
identifying such areas and  customers  eligible  for  such  rates.  Upon
application  of  a  utility  corporation  the commission shall authorize
special economic incentive rates in such areas to such customers and for
such periods of time as the commission finds will  best  effectuate  the
purposes  of  this  subdivision. The commission may also provide for the
gradual elimination of  the  rate  reduction  authorized,  and  for  the
elimination  of  such  reduction,  if  any  conditions  imposed  by  the
commission are not met. 2. to designate or form classes of customers  as
appropriate  for  special  rates or tariffs, in order to prevent loss of
such customers, or to attract new customers where necessary to  maintain
economic use of utility facilities.
Any such special rate or tariff shall be so designed as to recover the
incremental   cost  of  providing  service  to  such  customers  and  to
contribute to the common costs which otherwise would be borne  by  other
customers.
(b) The commission may also authorize utility corporations to contract
with  existing  or  prospective  industrial  and commercial customers to
wheel  or  deliver  electricity  or  gas  purchased  directly  by   such
customers, provided that the commission finds that such arrangements are
in  the overall best interest of the rate payers of the corporation, and
that the rates and fees for the services provided adequately  compensate
the corporation for the use of its facilities.
12-c.  Notwithstanding any other provision of law, upon application of
a gas or electric  corporation,  the  commission  shall  authorize  such
corporation   to  charge  a  special  empire  zone  rate  equal  to  the
incremental cost of providing service to customers certified as eligible
for such rate pursuant to article eighteen-B of  the  general  municipal
law.
12-d.  Notwithstanding any other provision of law, upon application of
a gas or electric  corporation,  the  commission  shall  authorize  such
corporation to charge a special excelsior jobs program rate equal to the
incremental  cost  of providing service to participants in the excelsior
jobs program as defined in article seventeen of the economic development
law.
13. In case any electric corporation or gas corporation is engaged  in
carrying  on any business other than owning, operating or managing a gas
plant or an electric  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 gas plant or electric
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 gas plant or electric 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  gas  plant  or  electric  plant  as
distinguished from such other business. In any such case if the  owning,
operating,  managing  or controlling of such gas plant or electric 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. Where the
permission granted such corporation pursuant to section  sixty-eight  is
to  supply  gas  only  to  less  than  twenty customers specified by the
commission, the commission may, if the public interest  permits,  exempt
such  corporation  from  compliance with all or any of the provisions of
this article except those affecting matters of  public  safety  and  the
provisions of sections sixty-five, sixty-eight and seventy-four.
14.  The  commission  shall have power to require each gas corporation
and electric corporation to establish classifications of  service  based
upon  the quantity used, the time when used, the purpose for which used,
the duration of use and upon any other reasonable consideration, and  to
establish  in  connection  therewith just and reasonable graduated rates
and charges; and it shall have power, either upon complaint or upon  its
own  motion,  to require such changes in such classifications, rates and
charges as it shall determine to be just  and  reasonable.  Neither  the
scheduled  rates nor the minimum charge for residential customers shall,
after July first, nineteen hundred thirty-seven, be based in any  manner
on  the number of outlets, number of rooms, cubic or square foot area or
other such standards.
15. Receive, and any gas corporation may at any  time  submit  to  the
commission  for  its approval, one or more contracts proposed to be made
by it for the purchase from the producer of by-product gas, to  be  used
in  its  service  to  its consumers, in which said proposed contract the
price of gas shall be based on the then market price  of  coal,  and  to
vary  therewith  whenever  the  market  price  of coal shall vary to the
extent of ten per centum for a period of not less than thirty days,  and
which said contract shall state the efficiency of said gas, and upon the
approval  of  said  contract  by the commission, or said contract as the
same may be amended, altered or changed, and  upon  the  application  of
said gas corporation, the commission shall make an order fixing the rate
or  rates  to be charged to consumers for the service of such gas, which
said rate shall thereafter remain unchanged  during  the  term  of  said
contract  in  so  far  as said rate shall be based on the cost of gas to
said corporation, except as such cost shall vary with the variations  in
the  price  of  coal  as in said contract provided. The commission shall
have like powers and duties with reference to  existing  contracts  made
prior  to  January  first,  nineteen  hundred  and  twenty-two, by a gas
corporation for a supply of by-product gas where the price of gas varies
as the price of coal varies. By-product, as used  in  this  section,  is
defined  to  mean  one  of the several products obtained by treatment of
coal by some process other than the customary distillation in retorts.
16. The commission shall have power after a hearing on its own motion,
upon complaint or upon the application of a gas corporation or  electric
corporation to prescribe rates and charges for gas, electricity or other
service  rendered  or to be rendered, embodying the automatic adjustment
of such rates and charges, over a fixed period not exceeding four years,
based on the relation between the net income from such rates and charges
available for  return  and  the  fair  value  of  the  property  of  the

corporation  used  and  useful  in  said  service;  but  nothing in this
subdivision shall operate to prevent the commission after the expiration
of such fixed period from fixing proper, just and reasonable  rates  and
charges to be made for gas, electricity or service as authorized in this
article.
17.   Notwithstanding   the   provisions  of  this  article,  any  gas
corporation which transports natural gas through the state of  New  York
but  which  does not deliver, sell or furnish any such gas to any person
or corporation within the  state  of  New  York,  shall  be  subject  to
regulation  by  the  commission  only  insofar  as  the construction and
operation of such facilities shall affect matters of public safety.
19. (a) The commission shall have power to provide for management  and
operations  audits  of  gas corporations and electric corporations. Such
audits shall be performed at least once every five years for combination
gas and electric corporations, as well as for straight gas  corporations
having  annual  gross revenues in excess of two hundred million dollars.
The audit shall include, but not be limited to, an investigation of  the
company's  construction program planning in relation to the needs of its
customers for reliable service, an evaluation of the efficiency  of  the
company's  operations,  an  evaluation  of customer privacy protections,
including but not limited to customer  electrical  and  gas  consumption
data,  and  protection  of  critical energy infrastructure as defined in
subdivision fourteen of section 1-103 of the energy law, recommendations
with respect to same, and the timing with respect to the  implementation
of  such  recommendations.  The commission shall have discretion to have
such audits performed by its staff, or by independent auditors.
In every case in which  the  commission  chooses  to  have  the  audit
provided  for in this subdivision or pursuant to subdivision fourteen of
section sixty-five of this article performed by independent auditors, it
shall have authority to select the auditors, and to require the  company
being  audited  to enter into a contract with the auditors providing for
their payment by the company. Such contract shall provide  further  that
the  auditors  shall  work for and under the direction of the commission
according to such terms as the commission may  determine  are  necessary
and reasonable.
(b)  Each corporation subject to an audit under this subdivision shall
file a report with the commission within thirty days after  issuance  of
such  audit  detailing its plan to implement the recommendations made in
the audit. After review of such plan, the commission  may  require  each
combined  electric  and  gas  corporation amend its plan in a particular
manner. Such plan shall thereafter become enforceable upon  approval  by
the commission. The commission shall have power to commence a proceeding
to examine any such corporation's compliance with the recommendations of
such audit.
(c)  Upon the application of a gas or electric corporation for a major
change in rates as defined in subdivision twelve of  this  section,  the
commission   shall   review   that  corporation's  compliance  with  the
directions and recommendations made previously by the commission,  as  a
result  of  the most recently completed management and operations audit.
The commission shall incorporate the findings  of  such  review  in  its
opinion  or  order,  and  such  findings  shall  be  enforceable  by the
commission.
(d) The commission shall have the power to provide for an annual audit
of gas corporations and electric corporations relating to  the  adequacy
of   cyber-security  policies,  protocols,  procedures  and  protections
including, but not limited to, as such policies,  protocols,  procedures
and  protections  relate to critical energy infrastructure as defined in
subdivision fourteen of section 1-103 of the  energy  law  and  customer

privacy   including  but  not  limited  to  customer  electric  and  gas
consumption data. The commission shall have the discretion to have  such
audits performed by its staff or by an independent third party.
20.  Notwithstanding  any  general or special law, rule or regulation,
the commission shall have the power to provide for  the  refund  of  any
revenues  received  by  any  gas or electric corporation which cause the
corporation  to  have  revenues  in  the  aggregate  in  excess  of  its
authorized  rate of return for a period of twelve months. The commission
may initiate a proceeding with  respect  to  such  a  refund  after  the
conclusion of any such twelve month period.
21.  (a) Each electric corporation subject to section twenty-five-a of
this chapter shall annually, on or before December fifteenth, submit  to
the  commission  an emergency response plan for review and approval. The
emergency response plan shall be  designed  for  the  reasonably  prompt
restoration  of  service  in the case of an emergency event, defined for
purposes of this subdivision as an event where widespread  outages  have
occurred  in  the  service territory of the company due to storms, cyber
attack, or other causes beyond the control of the company. The emergency
response plan shall include, but need not be limited to, the  following:
(i)  the  identification  of  management  staff  responsible for company
operations during  an  emergency;  (ii)  a  communications  system  with
customers  during an emergency that extends beyond normal business hours
and business conditions; (iii) identification of and outreach  plans  to
customers  who  had  documented their need for essential electricity for
medical needs, which shall include but not be limited to, apnea monitors
for infants, cuirass  respirators,  hemodialysis  machines,  IV  feeding
machines,  IV  medical infusion machines, oxygen concentrators, positive
pressure respirators, respirator/ventilators, rocking  bed  respirators,
suction  machines, and tank type respirators; (iv) identification of and
outreach plans to customers who had documented their need for  essential
electricity    to    provide   critical   telecommunications,   critical
transportation, critical fuel distribution services or other  large-load
customers identified by the commission; (v) designation of company staff
to communicate with local officials and appropriate regulatory agencies;
(vi)  provisions regarding how the company will assure the safety of its
employees and contractors; (vii) procedures for  deploying  company  and
mutual  aid  crews  to  work  assignment areas; (viii) identification of
additional supplies and equipment needed during an emergency;  (ix)  the
means  of obtaining additional supplies and equipment; (x) procedures to
practice  the  emergency  response   plan;   (xi)   appropriate   safety
precautions  regarding  electrical  hazards, including plans to promptly
secure downed wires within  thirty-six  hours  of  notification  of  the
location of such downed wires from a municipal emergency official; (xii)
plans   to   prioritize  the  securing  of  downed  wires  over  routine
maintenance or other work unrelated to a response to an emergency  event
after notification by an individual of the location of such downed wires
and   where  such  notification  includes  information  indicating  wire
burning, arcing/sparking, or the restriction of ingress and egress  from
a  building or vehicle, or other immediate hazards. Such plans shall, at
minimum, include procedures to identify, locate, and assess the reported
wire no later than seventy-two hours after the response to an  emergency
event  ends;  (xiii)  plans  setting  forth  how  the  communication and
coordination of  efforts  between  the  electric  corporation,  electric
corporation  employees,  electric  corporation company crews, mutual aid
crews,  other  utilities,  local  governments  and  any   other   entity
performing services to assist such electric corporation shall occur; and
(xiv) such other additional information as the commission may require.
(b)  After  review  of  a  corporation's  emergency response plan, the
commission  may  require  such  corporation  to  amend  the  plan.   The
commission  may  also open an investigation of the corporation's plan to
determine its sufficiency to respond adequately to an  emergency  event.
If,  after  hearings,  the commission finds a material deficiency in the
plan, it may order the company to make such modifications that it  deems
reasonably necessary to remedy the deficiency.
(c)  The  commission  is authorized to open an investigation to review
the performance of any corporation in  restoring  service  or  otherwise
meeting  the  requirements  of  the  emergency  response  plan during an
emergency event. If, after evidentiary hearings or  other  investigatory
proceedings,  the  commission  finds  that  the  corporation  failed  to
reasonably implement its emergency response plan or the length  of  such
corporation's  outages were materially longer than they would have been,
because of  such  corporation's  failure  to  reasonably  implement  its
emergency  response  plan,  the  commission may deny the recovery of any
part  of  the  service  restoration  costs  caused  by   such   failure,
commensurate with the degree and impact of the service outage; provided,
however,  that  nothing  herein  limits  the  commission's  authority to
otherwise  commence  a  proceeding  pursuant  to  sections  twenty-four,
twenty-five and twenty-five-a of this chapter.
(d)  The  commission  shall  certify  to  the  department  of homeland
security and emergency services that each such  corporation's  emergency
response  plan  is  sufficient to ensure to the greatest extent feasible
the timely and safe restoration of energy services after an emergency in
compliance with the requirements of this chapter.
(e)  The  filing  of  each  emergency  response  plan  required  under
paragraph  (a)  of  this  subdivision  shall  also include a copy of all
written mutual assistance agreements among utilities.
(f) Each electric corporation shall file with the county executive  or
the  chief  elected  official  of  a  county  for each county within its
service territory  the  most  recent  approved  copy  of  the  emergency
response  plan required pursuant to this section. For the purposes of an
electric corporation  operating  within  the  city  of  New  York,  such
corporation  shall file the most recent approved emergency response plan
with the emergency management office of the city of New York.
(g) The commission shall provide access  to  such  emergency  response
plan pursuant to article six of the public officers law.
22. The commission shall permit the recovery through rates established
pursuant  to  this section of all payments made by electric corporations
pursuant to section twenty-nine-c of the executive law.
23. Require every  gas  corporation  or  electric  corporation  having
equipment  containing  five  hundred  parts  per  million  or greater of
polychlorinated  biphenyls  (PCBs),  including  but  not   limited   to,
capacitors  and  transformers, to submit a report to the commission. The
report shall contain (1) a list of such equipment that  is  in  service,
each unit's location, size and service age, (2) a list of such equipment
that   is  retired  from  service  after  the  effective  date  of  this
subdivision, the date each  unit  was  retired  from  service,  and  the
location  of  the  facility  where the unit and/or PCBs are processed or
stored, (3) the date for shipment of PCBs within  or  out  of  New  York
state,  and  (4)  a  description  of  the  New York state portion of the
shipping route. The commission shall require the report  to  be  updated
and distributed semiannually. In addition, such corporation shall submit
to  each  county  and  city  located  in  the  service  territory of the
corporation a report containing the information listed  above  for  such
equipment  and PCBs located in or transported through the county or city
receiving the report.
For the purposes of this subdivision,  capacitors,  transformers,  and
equipment  designed  to  use  the PCB-free mineral oil dielectric fluids
shall be presumed to contain concentrations below five hundred parts per
million of PCBs, unless the unit has  been  serviced  with  fluid  which
contains  five hundred parts per million or greater of PCBs, or there is
any other reason to believe that the unit contains  or  was  ever  mixed
with  fluid with a concentration level of five hundred parts per million
or greater or unless testing has specifically shown otherwise.
24. (a) If a nuclear power plant which is not  commercially  used  and
useful  in the actual generation of electricity on the effective date of
this subdivision and which is owned by a single utility on or after  the
effective  date  of  this  subdivision  fails  to  commence  or continue
commercial operation after the effective date of this  subdivision,  the
commission   shall  thereafter  remove  and  exclude  from  the  utility
corporation's  revenue  requirement   all   amounts,   costs,   charges,
adjustments,  or  extraordinary  cost  of capital allowances theretofore
made,  granted  or  provided  which  are   attributable,   directly   or
indirectly,  to  such  nuclear power plant or to such plant's failure to
commence commercial operation.
(b) The commission shall not thereafter, unless and until  such  plant
commences or recommences commercial operation, include in such utility's
revenue   requirement   any  amounts,  costs,  charges,  adjustments  or
extraordinary cost  of  capital  allowances  attributable,  directly  or
indirectly,  to  such  plant  or  to  such  plant's  failure to commence
commerical operation.
(c) Nothing in this subdivision shall be deemed to require a refund of
the charges paid by or billed to a customer of such utility prior  to  a
failure to commence or continue commercial operation of such plant.
(d)  For  the purposes of this subdivision, the failure to commence or
continue commercial operation shall mean the abandonment of  such  plant
after  the effective date of this subdivision; the denial, including any
denial pursuant to or as a result  of  any  administrative  or  judicial
review,  of  a commercial operating license or other regulatory approval
necessary for the plant to become commercially used and  useful  in  the
actual  generation  of  electricity;  the failure of the plant to become
commercially used and useful in the  actual  generation  of  electricity
within forty-two months of the issuance of the low power testing license
for  such  plant; or the occurrence of any event or the existence of any
circumstances (other  than  customary  inspection  and  maintenance  and
related  repairs  or  refueling  requirements)  after  the plant becomes
commercially used and useful in the  actual  generation  of  electricity
which  renders  the plant not commercially used and useful in the actual
generation of electricity.
25. 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  gas  corporation  or  electric
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 electricity or gas 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.
26.  Notwithstanding  any  other  provision  of  law  to the contrary,
whenever the gas facility  costs  of  a  gas  corporation  are  paid  or
reimbursed  by the city of New York as provided in the gas facility cost
allocation act, the rates and charges of  such  gas  corporation  within
such  city  shall  be  set  by the commission so as to reflect fully the

amount of such payments and reimbursements made by such city. The amount
of such payments and reimbursements shall not be reflected  directly  or
indirectly  in  any  rate  or charge imposed by such corporation outside
such city.
27. (a) Each electric corporation with annual gross revenues in excess
of  two hundred million dollars shall offer the option of paying charges
on the basis of time  of  use  rates  for  service  to  its  residential
customers  and  to posts and halls owned by a not-for-profit corporation
that is  a  veterans'  organization.  Such  electric  corporation  shall
periodically  send  a  notice  explaining  the  rates and informing such
customers and organizations that the rates are available.
(b) Any electric corporation which offers its customers  time  of  use
rates  shall  notify  those  customers  who  elect  or receive such rate
regarding the following:
(1) the hours for which such rates are available for both standard and
daylight savings time;
(2) the procedure such customers shall follow in order to  have  their
meter  clocks  reset  following  an  interruption  of  service  if  such
resetting is necessary to restore the effective hours of the time of use
rates; and
(3) when the utility has knowledge of an outage,  a  statement  within
sixty  days of such outage that the time of use rates may not be applied
at the previously stated times until the meter clock is reset,  if  such
resetting is necessary.
28.  No  revenues  foregone by an electric corporation, as a result of
subjecting  certain  veterans'  organizations  with  rates  or   charges
applicable to domestic consumers pursuant to section seventy-six of this
article, shall be recovered from the customers of such corporation.
29.  (a) Each electric corporation subject to section twenty-five-a of
this chapter shall prepare and submit  a  climate  change  vulnerability
study  to the commission within eighteen months of the effective date of
this act. The commission shall provide such study to  the  governor  and
the  legislature.  The climate change vulnerability study shall evaluate
the electric corporation's infrastructure,  design  specifications,  and
procedures  to  better  understand  the  corporation's  vulnerability to
climate-driven  risks,  and  shall  include,  but  not  be  limited  to,
adaptation measures to address vulnerabilities and any other information
deemed necessary by the commission.
(b)   Within   sixty   days   from  submission  of  a  climate  change
vulnerability study to the commission, each electric corporation subject
to  section  twenty-five-a  of  this  chapter  shall  submit  a  climate
resilience  plan  to  the  commission for review and approval. Each plan
shall: (i) propose storm hardening and resiliency measures for the  next
ten  years  and  twenty years, and shall explain the systematic approach
the corporation will follow to achieve the objectives of mitigating  the
impacts   of   climate   change   to  utility  infrastructure,  reducing
restoration costs and  outage  times  associated  with  extreme  weather
events,  and  enhancing  reliability,  as  well as such other additional
objectives the commission may require consistent with ensuring increased
resiliency of utility  infrastructure  and  overall  reliability  during
extreme weather events; (ii) detail how the corporation will incorporate
climate  change  into  its  planning,  design, operations, and emergency
response; (iii) incorporate climate change into existing  processes  and
practices,  manage  climate  change  risks  and  build  resilience; (iv)
propose adjustments, as necessary, to  how  the  corporation  plans  and
designs  infrastructure  for the increasing impacts from climate change;
and (v) address each of the elements specified in paragraph (d) of  this
subdivision and any additional elements specified by the commission. The

commission  shall  adopt  rules  to specify any additional elements that
must be included  in  a  corporation's  filing  for  review  of  climate
resilience plans.
(c)  Each  subject  electric corporation shall contemporaneously serve
the climate resilience plan on the parties from its last rate case filed
pursuant to subdivision twelve of this section.
(d) In its review of each climate resilience plan  filed  pursuant  to
this  subdivision,  which  shall  be  separate from a corporation's rate
proceeding, the commission shall, at minimum, consider:
(i) the extent to which the plan is expected to mitigate  the  impacts
of  climate change, reduce restoration costs and outage times associated
with extreme weather events, and enhance reliability, including  whether
the plan examines areas of lower reliability performance;
(ii)   the   extent   to  which  storm  protection  and  hardening  of
transmission and distribution infrastructure is feasible, reasonable, or
practical in certain  areas  of  the  corporation's  service  territory,
including,  but  not  limited  to, coastal areas, flood zones, and rural
areas;
(iii) the estimated costs and benefits  to  the  corporation  and  its
customers  of  making  the  improvements proposed in the plan, including
considerations of equity in  the  plan  as  applied  across  the  entire
service  territory,  with  particular  attention  paid  to the costs and
benefits in undergrounding transmission and distribution lines;
(iv) a schedule for implementing  each  of  the  storm  hardening  and
resiliency measures included in the plan;
(v)  whether  the  plan  includes  major  performance  benchmarks that
measure the effectiveness of the implementation of the plan;
(vi) the estimated annual rate impact resulting from implementation of
the plan during the first five years addressed in the plan;
(vii) the extent to which the plan considers a multi-pronged  strategy
appropriately  tailored  to  addressing  the  impacts of climate change,
reducing restoration costs and outage times and enhancing infrastructure
reliability, including,  but  not  limited  to,  vegetation  management,
improvements   to   system   management   practices,  undergrounding  of
distribution and transmission lines,  replacement  of  obsolete  cables,
wires  and  poles,  automation and circuit reconfiguration, investing in
infrastructure that supports the development of technologies that  would
improve response to extreme weather events and reduce restoration costs,
and  system  resiliency  through  the  deployment  of distributed energy
resources, and fortifying critical facilities;
(viii) the extent to  which  the  plan  identifies  opportunities  for
coordination   with   municipalities,   customer  advocate  groups,  the
independent  system  operator,  the  energy  research  and   development
authority,  and  other  utility  or telecommunication service providers;
and,
(ix) the recommendations from the utility climate  resilience  working
group established pursuant to paragraph (h) of this subdivision.
(e)  No  later  than eleven months after a corporation files a climate
resilience plan that contains all  of  the  elements  required  by  this
subdivision, and after a public hearing on the plan, which shall include
a public forum at a physical location, attended by commission members or
their designees to take in written or oral comment, the commission shall
determine  whether it is in the public interest to approve or modify the
plan.
(f) At least every  five  years  after  approval  of  a  corporation's
climate  resilience  plan, or more frequently upon a schedule determined
to be appropriate by the commission, each  corporation  must  file,  for
commission review, an updated plan that addresses each element specified

in  paragraph  (b)  of  this  subdivision. The commission shall approve,
modify, or deny each updated plan  pursuant  to  the  criteria  used  to
review the initial plan.
(g)  The commission shall authorize each electric corporation to fully
recover in the context of rate proceedings  the  costs  associated  with
each project included in such corporation's climate resilience plan that
is  approved  or  modified by the commission, so long as such costs were
prudently incurred. Each corporation may  begin  implementation  of  the
climate   and  resilience  measures  in  accordance  with  the  schedule
specified in its climate resilience plan once such plan is  approved  or
modified  by  the  commission. For capital projects that are placed into
service and additional unrecovered expenses incurred prior to  the  base
rates  being  reset  in  the  first  rate  proceeding  commenced by such
corporation subsequent to the commission's approval or  modification  of
the  climate  resilience  plan,  the  company  shall  recover such costs
through a "climate resiliency cost recovery" surcharge. The costs to  be
recovered  through such a surcharge shall be detailed in a filing to the
commission, and each corporation shall propose a  method  of  allocating
costs  to  customer  classes  in  said  filing.  Such  costs for capital
projects in service may include an annual depreciation cost,  calculated
at  the  corporation's  approved  depreciation rates and a return on the
undepreciated  balance  of  the  plant  in  service  calculated  at  the
corporation's  approved  weighted  average cost of capital. In addition,
all unrecovered expense balances, net of taxes, shall also earn carrying
charges at the corporation's approved weighted average cost of  capital.
The  commission  may  roll  any  unrecovered  costs associated with such
surcharge into base rates when the corporation's base rates  are  reset.
The  commission  shall  identify  in  any order approving or modifying a
corporation's rate plan the resiliency and storm hardening component  of
the revenue requirement on a cost and/or percentage basis.
(h)  Each  corporation  shall  establish  a utility climate resilience
working group no later than one year after the effective  date  of  this
subdivision. Such working group shall advise and make recommendations to
the corporation and the commission on the development and implementation
of  the corporation's climate resilience plan. The corporation shall, in
consultation  with  the  department,  include  in  the   working   group
representatives  from  municipalities,  customer  advocacy  groups,  and
energy and environmental advocacy organizations. The working group shall
meet at least twice annually.
(i) Each corporation shall provide to  the  county  executive  or  the
chief  elected  official  of a county for each county within its service
territory the most recent approved copy of the climate  resilience  plan
required  pursuant  to this subdivision. For the purposes of an electric
corporation operating within the city  of  New  York,  such  corporation
shall provide the most recent approved climate resilience plan with both
the  mayor's  office  and emergency management office of the city of New
York.
(j) The commission shall provide access  to  such  climate  resilience
plans pursuant to article six of the public officers law.
(k) Beginning December first of the year after the second full year of
implementation  of  a climate resilience plan and biennially thereafter,
the corporation shall file with the commission a report on the status of
its activities to comply with the  plan,  which  report  the  commission
shall,  after  review,  submit  to the governor and the legislature. The
report shall include, but is not limited to, identification of all storm
protection  and  resiliency  activities   completed   or   planned   for
completion,  the actual costs and rate impacts associated with completed
activities as compared to the estimated costs and rate impacts for those

activities,  the  estimated  costs  and  rate  impacts  associated  with
activities  planned  for  completion,  and the governance, planning, and
operational activities undertaken by the corporation in  furtherance  of
the climate resilience plan.
(l)   The   commission   shall  promulgate  any  necessary  rules  and
regulations  to  implement  and  administer  the  provisions   of   this
subdivision.
30.  Promulgate  rules  and  regulations  to  direct  electric  or gas
corporations to develop and implement tools to monitor: (a)  operational
control  networks  giving the electric or gas corporation the ability to
undertake the detection of unauthorized network behavior related to such
corporation's industrial control  systems,  as  defined  in  subdivision
fifteen  of section 1-103 of the energy law; and (b) monitor and protect
customer privacy, including but not limited to customer electric and gas
consumption data from unauthorized disclosure.  On  or  before  December
thirty-first,  two  thousand  twenty-three and not later than five years
after such date, and every five years thereafter, the  commission  shall
provide a report to the governor, the temporary president of the senate,
the  speaker  of  the assembly, the chairperson of the assembly standing
committee  on  energy,  and  the  chairperson  of  the  senate  standing
committee  on  energy  and  telecommunications reviewing electric or gas
corporation compliance  with  this  section,  including,  as  necessary,
recommendations  to  the  legislature  if the commission determines that
additional measures are required to ensure the effective  protection  of
electric or gas corporation critical infrastructure.
31.  Promulgate  rules  and  regulations  to  direct  electric  or gas
corporations  to  require  the   installation   of   advanced   metering
infrastructure that connects to the electric or gas distribution network
operated  by  such electric or gas corporation be permitted only so long
as  access  to  the  advanced  meter  infrastructure   enables   two-way
communication   between   utilities   and  meters  through  the  optimal
communications network option, such  as  a  wireless  network,  that  is
shared  by  at  least  two  meter  providers operating within the United
States of  America,  if  the  commission  determines  that  it  is  cost
effective and technically feasible to do so.
32.  Customer  electric  and  gas consumption data shall be considered
confidential. The commission shall  have  the  authority  to  promulgate
rules  and  regulations  to require gas or electric corporations to take
necessary measures to protect such data from unauthorized or unconsented
disclosure.