reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter C - Applications For Authority › Article 4 - Securities › Part 37 - Issuance Of Stocks, Bonds, Notes Or Other Evidences Of Indebtedness: Gas, Electric, Steam, Waterworks, Telegraph And Telephone Corporations › Section 37.6 - Specific provisions for reimbursement

Current through Register Vol. 46, No. 28, July 10, 2024
If securities are to be issued for reimbursement [the
						petition duly verified shall state or contain]:
(a) Balance sheets of the corporation at the
					 beginning and end of the period covered by reimbursement proceeding.
(b) Balances in operating property account
					 (or its equivalent) at the beginning and end of the period and by
					 subaccounts.
(c) Original cost of
					 property added to each subaccount of the operating property account (or its
					 equivalent) for each of the years covered by the reimbursement
					 proceeding.
(d) Credits to each
					 subaccount for property retired in each year.
(e) Details of all other debits and credits
					 to each of said subaccounts in each year.
(f) Analysis of retirements year by year to
					 show book cost of each credit to operating property accounts, debit to
					 depreciation reserve or other account, cost of removal and salvage.
(g) Analysis of credits to depreciation or
					 retirement reserve to show the nature and source of each and basis of contra
					 charges to expense or other account.
(h) Amount of fees in detail charged by
					 affiliated interests, as such term is defined in the Public Service Law, which
					 were included in the amounts required to be stated in subdivision (c)
					 above.
(i) Funds available from
					 other sources during the reimbursement period to meet the gross cost of
					 additions to operating property account, including proceeds from salvage,
					 contributions from customers and others and depreciation reserve
					 accruals.
(j) Affidavit by
					 petitioner's principal financial officer that proper credits to said
					 subaccounts have been made for all property which was removed, sold, abandoned
					 or destroyed or which for any cause ceased to be used and useful in the service
					 of the public during the reimbursement period as required by the applicable
					 system of accounts prescribed by this commission; that during the reimbursement
					 period the debits to each of said subaccounts represent the original cost of
					 the property used and useful in the service of the public; that the funds
					 expended for purposes for which reimbursement is sought were not directly or
					 indirectly derived from the sale of stocks, bonds, notes or other evidences of
					 indebtedness or from open accounts of the petitioner.
(k) Purposes for which the funds to be
					 obtained from the securities to be issued are to be used.
(l) At the hearing, applicant shall be
					 prepared to show by competent evidence the facts upon which it relies to
					 establish that the transaction is in the public interest and that the
					 statements in the petition are true.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter C - Applications For Authority › Article 4 - Securities › Part 37 - Issuance Of Stocks, Bonds, Notes Or Other Evidences Of Indebtedness: Gas, Electric, Steam, Waterworks, Telegraph And Telephone Corporations › Section 37.7 - Submission of proposed consideration

Current through Register Vol. 46, No. 28, July 10, 2024
All data required by the above rules or considered
						necessary by the commission, except the consideration, for which said
						securities are to be issued or sold, must be submitted at least 20 days before
						final action by the commission thereon; and said consideration must be
						submitted before approval is given, together with an affidavit of the president
						of the applicant that the proposed issued is to be sold on the most
						advantageous terms obtainable.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter C - Applications For Authority › Article 4 - Securities › Part 37 - Issuance Of Stocks, Bonds, Notes Or Other Evidences Of Indebtedness: Gas, Electric, Steam, Waterworks, Telegraph And Telephone Corporations › Section 37.8 - Radio-telephone utilities and resellers of telephone service

Current through Register Vol. 46, No. 28, July 10, 2024
Applications pursuant to section 101  of the Public Service Law by
						radio-telephone utilities and resellers of telephone services need contain only
						a description of the securities to be issued and the purposes for which the
						issuance is sought.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter C - Applications For Authority › Article 4 - Securities › Part 38 - Reorganizations › Section 38.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
Applications under sections 69-a, 82-a, 89-g and
						101-a  of the Public Service Law are
						treated as capitalization matters (see Part 48 of this Subchapter) and there
						shall be filed a petition to which shall be annexed a copy of the proposed
						reorganization agreement. As a part of the petition, there shall be full
						information with reference to the matters which by such sections are
						specifically required to be considered by the commission before reorganization
						can be had.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter C - Applications For Authority › Article 4 - Securities › Part 38 - Reorganizations › Section 38.2 - Contents of petition

Current through Register Vol. 46, No. 28, July 10, 2024
The petition shall include the following:
(a) The facts called for in subdivisions (f),
					 (g), (h), and (k) of section
					 37.1  of this
					 Article.
(b) Non-operating property
					 and its present market value.
(c)
					 Estimate of the maximum amount for reorganization costs.
(d) Balance sheets for the last five
					 years.
(e) Income statement for the
					 last five years.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter C - Applications For Authority › Article 4 - Securities › Part 38 - Reorganizations › Section 38.3 - Reorganization pursuant to the federal bankruptcy act

Current through Register Vol. 46, No. 28, July 10, 2024
Reorganizations of New York State public utilities
						pursuant to the provisions of the Federal Bankruptcy Act require the approval
						of the Public Service Commission. Upon the submission of such a plan of
						reorganization, the commission will determine if the public interest is
						involved. When such a determination is made, the Federal court will be duly
						notified. Thereafter, public hearings will be held at which the reorganization
						committee of the utility must establish by competent proof that the proposed
						plan is in the public interest. It should appear that the securities proposed
						to be issued by the reorganized company do not exceed the value of the property
						to be held by such corporation and that the prospective earnings are sufficient
						to pay a return on the new securities. The approval of the commission to a
						reorganization plan does not relieve the reorganized company from securing
						necessary consents to the transfer of property, amendments of its certificate
						of incorporation or the issuance of securities.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter C - Applications For Authority › Article 4 - Securities › Part 39 - Acquisition Of Capital Stock Or Bonds Of Gas, Electric, Steam, Waterworks, Telegraph And Telephone Corporations › Section 39.1 - Contents of petition

Current through Register Vol. 46, No. 28, July 10, 2024
In all applications for authorization to purchase or
						acquire capital stock of any domestic railroad corporation, other common
						carrier, a telegraph or telephone corporation, or capital stock or bonds of an
						omnibus corporation, a gas, electric, steam or waterworks corporation, the
						petition shall be made by the corporation proposing to acquire the securities
						and shall show:
(a) The financial
					 condition of the applicant if a public utility and of the corporation whose
					 stock or bonds are sought to be acquired or held as required. (See Part 3 of
					 this Chapter.)
(b) The reasons in
					 detail why the applicant desires to make the purchase and the amount of such
					 stock or bonds already owned by the applicant.
(c) The market value of the stock or bonds to
					 be purchased, if practicable, with highest and lowest sale price during a
					 period of at least three years prior to the making of the petition and the
					 dates of such sales; dividends, if any, paid on the stock proposed to be
					 acquired for a period of five years prior to the making of the petition; the
					 price proposed to be paid and the terms of payment.
(d) Certified copy of authorizations already
					 received and a statement of authorizations which must be obtained from other
					 State or Federal authorities before acquisition of the securities may legally
					 be consummated.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter C - Applications For Authority › Article 4 - Securities › Part 39 - Acquisition Of Capital Stock Or Bonds Of Gas, Electric, Steam, Waterworks, Telegraph And Telephone Corporations › Section 39.2 - Evidence to be presented at hearing

Current through Register Vol. 46, No. 28, July 10, 2024
At the hearing, the applicant shall be prepared to show
						that the proposal is in the public interest and that the statements made in the
						petition are true.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter C - Applications For Authority › Article 4 - Securities › Part 39 - Acquisition Of Capital Stock Or Bonds Of Gas, Electric, Steam, Waterworks, Telegraph And Telephone Corporations › Section 39.3 - Radio-telephone utilities and resellers of telephone services

Current through Register Vol. 46, No. 28, July 10, 2024
Applications pursuant to section 100  of the Public Service Law by
						radio-telephone utilities and resellers of telephone services shall
						contain:
(a) a description of the
					 securities to be purchased or acquired;
(b) the reasons in detail why the applicant
					 desires to make the purchase or acquisition; and
(c) the amount of such stock or bonds already
					 owned by the applicant.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter C - Applications For Authority › Article 5 - Uniform System of Accounts › Part 46 - Applications Under Uniform System Of Accounts › Section 46.1 - Verification by principal accounting officer

Current through Register Vol. 46, No. 28, July 10, 2024
Applications by municipal electric utilities and omnibus
						corporations for authority to carry to surplus portions of delayed items, and
						by these and other classes of corporations to spread over a future period
						unusual items includible in revenue, operating expense or income account for a
						single month and applications for authority to set up in suspense or deferred
						debit or deferred credit accounts items coming within the intent thereof, shall
						be verified by the principal accounting officer of the
						petitioner.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter C - Applications For Authority › Article 5 - Uniform System of Accounts › Part 46 - Applications Under Uniform System Of Accounts › Section 46.2 - Contents of petition

Current through Register Vol. 46, No. 28, July 10, 2024
The application shall describe in detail the nature of
						the particular item or items under consideration and the circumstances which
						warrant the treatment petitioned for, and the extent to which reserves are
						available or have been utilized in respect to such items.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter C - Applications For Authority › Article 5 - Uniform System of Accounts › Part 46 - Applications Under Uniform System Of Accounts › Section 46.3 - Petition for spreading items

Current through Register Vol. 46, No. 28, July 10, 2024
Applications for spreading revenue, expense or income
						items shall state whether they relate primarily to past or future operations
						and the relation of each such item to:
(a) the normal monthly balance in the
					 particular account in which it is includible; and
(b) the normal monthly total of the balances
					 of the group of revenue, expense or income accounts within which such account
					 falls.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter C - Applications For Authority › Article 5 - Uniform System of Accounts › Part 46 - Applications Under Uniform System Of Accounts › Section 46.4 - Information to be filed with petition

Current through Register Vol. 46, No. 28, July 10, 2024
Petitioner shall file with its petition:
(a) Detailed balance sheet as of the end of
					 each of the two fiscal years next preceding.
(b) Detailed balance sheet as of the end of
					 the month preceding that in which the delayed item was recorded, the unusual
					 item originated or the retirement of property took place.
(c) Detailed revenue, expense and income
					 accounts for each of the two preceding fiscal years and for the portion of the
					 current year up to and including the month preceding that in which the delayed
					 item was recorded, the unusual item originated or the retirement of property
					 took place.
(d) The exact titles of
					 the account and subaccount in which the item is to be held during the
					 amortization period.
(e) The period
					 over which the item is to be spread and the titles of the accounts to be used
					 and the amount to be carried monthly to each such account to accomplish the
					 purpose covered by the petition.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter C - Applications For Authority › Article 5 - Uniform System of Accounts › Part 46 - Applications Under Uniform System Of Accounts › Section 46.5 - Evidence to be presented at hearing

Current through Register Vol. 46, No. 28, July 10, 2024
At the hearing, applicant shall be prepared to justify
						the proposal and to show that the statements made in the petition are
						true.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter C - Applications For Authority › Article 5 - Uniform System of Accounts › Part 47 - Applications Provided For In Notes To Accounts For Capital Stock For Electric, Gas, Steam, Waterworks, Omnibus Corporations And Class C Telephone Corporation › Section 47.1 - Verification and contents of petition

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applications for authority to make
					 entries in capital stock accounts shall be verified by an officer of the
					 petitioner competent under the law to verify an annual report to the
					 commission, shall state in detail the nature of the entry to be made and the
					 accounts concurrently affected thereby, and shall cite the authority under
					 which the right to make such entry is claimed.
(b) The application shall contain:
(1) certified copy of the resolution or other
					 official act of the board of directors authorizing the proposed change in the
					 capital stock account;
(2)
					 comparative balance sheet as of the date on which the adjustment in capital
					 stock is to be made, showing accounts before and after giving effect to the
					 proposed change; and
(3) a
					 statement of financial condition as required under Part 3 of this Title, except
					 as specified in greater detail herein.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter C - Applications For Authority › Article 5 - Uniform System of Accounts › Part 47 - Applications Provided For In Notes To Accounts For Capital Stock For Electric, Gas, Steam, Waterworks, Omnibus Corporations And Class C Telephone Corporation › Section 47.2 - Articles of incorporation to be filed

Current through Register Vol. 46, No. 28, July 10, 2024
The petitioner shall file with its application a copy of
						its original articles of incorporation and each amendment thereto affecting its
						capital structure.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter C - Applications For Authority › Article 5 - Uniform System of Accounts › Part 47 - Applications Provided For In Notes To Accounts For Capital Stock For Electric, Gas, Steam, Waterworks, Omnibus Corporations And Class C Telephone Corporation › Section 47.3 - Tabulation of capitalization proceedings to be filed

Current through Register Vol. 46, No. 28, July 10, 2024
The petitioner shall also file with its application a
						tabulation of proceedings before the Public Service Commission, or its
						predecessors, in which authorization of capital stock was petitioned for,
						showing for each such proceeding:
(a)
					 class of stock;
(b) number of
					 shares petitioned for;
(c) number
					 of shares and par value thereof authorized, or if nonpar stock, the estimated
					 selling price;
(d) number of shares
					 sold and proceeds realized;
(e)
					 number of shares for which authorization was canceled prior to issue;
					 and
(f) number of unissued shares
					 covered by unexercised authority.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter C - Applications For Authority › Article 5 - Uniform System of Accounts › Part 47 - Applications Provided For In Notes To Accounts For Capital Stock For Electric, Gas, Steam, Waterworks, Omnibus Corporations And Class C Telephone Corporation › Section 47.4 - Evidence to be presented at hearing

Current through Register Vol. 46, No. 28, July 10, 2024
At the hearing, the petitioner shall be prepared to
						justify the proposal and to show that the statements made in petition are
						true.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter C - Applications For Authority › Article 5 - Uniform System of Accounts › Part 48 - Material Changes In Accounting For Class A Utilities › Section 48.1 - Material changes

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part
					 applies only to changes in accounting which have a material effect on utility
					 prices.
(b) A change in accounting
					 is material if the after-tax effect of such change exceeds 0.05 percent of
					 common equity.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter C - Applications For Authority › Article 5 - Uniform System of Accounts › Part 48 - Material Changes In Accounting For Class A Utilities › Section 48.2 - Time of changes

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A change in
					 accounting may be proposed in conjunction with a general rate filing.
(b) If not proposed in conjunction with a
					 general rate filing, advance notification (60 days) to the office of accounting
					 and finance is required. The director of accounting and finance shall then
					 negotiate changes in substance or timing in instances where he disagrees. If
					 agreement cannot be reached, the matter may be referred to the commissioner for
					 resolution. While the matter is pending, the utility shall continue to use the
					 existing accounting methods.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter C - Applications For Authority › Article 5 - Uniform System of Accounts › Part 48 - Material Changes In Accounting For Class A Utilities › Section 48.3 - Contents of notice

Current through Register Vol. 46, No. 28, July 10, 2024
A notice filed pursuant to section
						48.2(b) 
						of this Part shall set forth in detail that special circumstances exist which
						warrant approval of the proposed change in accounting before the commission
						renders its decision on the petitioner's next general rate
						filing.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter C - Applications For Authority › Article 5 - Uniform System of Accounts › Part 48 - Material Changes In Accounting For Class A Utilities › Section 48.4 - Evidence to be presented at hearings

Current through Register Vol. 46, No. 28, July 10, 2024
At a hearing held on a petition filed pursuant to section
						48.2(b) 
						of this Part, the petitioner shall be prepared to justify the proposal and to
						show that the statements made in the petition are true.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter C - Applications For Authority › Article 5 - Uniform System of Accounts › Part 48 - Material Changes In Accounting For Class A Utilities › Section 48.5 to 48.7 - Renumbered

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter C - Applications For Authority › Article 6 - Miscellaneous › Part 55 - Destruction Of Records › Section 55.1 - Verification and contents of petition

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applications shall be verified by the
					 person designated to exercise supervision over the destruction of records (see
					 section 152.5 of regulations to govern the preservation of records [Part 152 of
					 this Title]) or, in the absence of such a person, by the principal accounting
					 officer of the petitioner, and shall set out in detail the nature of the
					 papers, records, books, invoices, stubs, maps or documents which it wishes to
					 destroy and the necessity for such action.
(b) The application shall show:
(1) whether the papers to be destroyed are
					 originals or copies;
(2) whether or
					 not they directly support financial records;
(3) the subject to which they relate,
					 classified as nearly as possible in accordance with regulations adopted by the
					 commission to govern the preservation of records; and
(4) the period of time to which the records
					 apply.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter C - Applications For Authority › Article 6 - Miscellaneous › Part 55 - Destruction Of Records › Section 55.2 - Telephone corporations

Current through Register Vol. 46, No. 28, July 10, 2024
Applications by telephone corporations shall be made
						under general instruction 2 of the uniform system of accounts of this
						commission.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter C - Applications For Authority › Article 6 - Miscellaneous › Part 55 - Destruction Of Records › Section 55.4 - Electric, gas, steam and waterworks corporations

Current through Register Vol. 46, No. 28, July 10, 2024
Applications by electric, gas, steam and waterworks
						corporations and municipal electric, gas and steam utilities shall be submitted
						under section 152.9 of regulations to govern the preservation of records (Part
						152 of this Title).
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter C - Applications For Authority › Article 6 - Miscellaneous › Part 56 - Use Of Revenues For Purposes Other Than Operating, Maintenance And Depreciation Expenses, Construction, Extension, Improvement Or Maintenance, Payment Of Indebtedness And Interest Thereon Or Dividends › Section 56.1 - Contents of petition

Current through Register Vol. 46, No. 28, July 10, 2024
Application for consent and approval of the use of
						revenues, as required by section 107  of the Public Service Law, shall set
						forth the purposes for which the funds are to be used with the reasons for such
						use in sufficient detail to enable the commission to determine if consent and
						approval should be granted. The application shall state the financial condition
						of the applicant. (See Part 3 of this Title.)
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter C - Applications For Authority › Article 6 - Miscellaneous › Part 56 - Use Of Revenues For Purposes Other Than Operating, Maintenance And Depreciation Expenses, Construction, Extension, Improvement Or Maintenance, Payment Of Indebtedness And Interest Thereon Or Dividends › Section 56.2 - Evidence to be presented at hearing

Current through Register Vol. 46, No. 28, July 10, 2024
At the hearing, the applicant shall be prepared to
						establish that the proposed use of its revenues will not adversely affect its
						ability to provide adequate service at reasonable rates and that the proposed
						use is justified. The commission may require such additional evidence as it
						deems desirable.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter C - Applications For Authority › Article 6 - Miscellaneous › Part 56 - Use Of Revenues For Purposes Other Than Operating, Maintenance And Depreciation Expenses, Construction, Extension, Improvement Or Maintenance, Payment Of Indebtedness And Interest Thereon Or Dividends › Section 56.3 to 56.5 - Renumbered

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter C - Applications For Authority › Article 6 - Miscellaneous › Part 57 - Sundry Applications › Section 57.1 - Contents of petition

Current through Register Vol. 46, No. 28, July 10, 2024
Applications under sections of the Railroad Law, the
						Transportation Corporations Law, the Stock Corporation Law or other statutes
						shall be made by verified petition which shall set forth the facts upon which
						petitioner relies to establish its right to the authority
						sought.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter C - Applications For Authority › Article 6 - Miscellaneous › Part 58 - Petitions For Exemption From Compliance With Provisions Of The Public Service Law › Section 58.1 - Applicability of part

Current through Register Vol. 46, No. 28, July 10, 2024
This Part applies to any person deemed a gas corporation,
						electric corporation, steam corporation or waterworks corporation for the
						purpose of the Public Service Law, who or which is engaged in carrying on any
						business other than owning, operating or managing a gas plant, electric plant,
						steam plant or water system, respectively, provided that such person's other
						business is not 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, electric or
						steam plant or water system, and that the ownership, operation or control of
						any gas, electric or steam plant or water system by such person is wholly
						subsidiary and incidental to the other business carried on by it and is
						inconsiderable in amount and not general in its character. Any such person may
						petition the commission for exemption from compliance with the provisions of
						the Public Service Law as specified in this Part.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter C - Applications For Authority › Article 6 - Miscellaneous › Part 58 - Petitions For Exemption From Compliance With Provisions Of The Public Service Law › Section 58.2 - Contents of petition

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 petition shall set forth in detail the reasons and facts which warrant the
					 granting of the relief requested, and which establish that the exemption is in
					 the public interest. The petition shall contain at least the following:
(1) a description of the nature and extent of
					 both the petitioner's general business and its utility business (including the
					 amount of revenue received from such business);
(2) the names and addresses of utility
					 customers the petitioner wishes to serve;
(3) a description of the type, amount and
					 anticipated duration of the utility service to be provided;
(4) a demonstration that the petitioner will
					 be able to provide safe and adequate utility service; and
(5) the name and address of any franchised
					 utility which is providing similar service to customers in the territory which
					 the petitioner wishes to serve.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter C - Applications For Authority › Article 6 - Miscellaneous › Part 58 - Petitions For Exemption From Compliance With Provisions Of The Public Service Law › Section 58.3 - Gas service to less than 20 customers

Current through Register Vol. 46, No. 28, July 10, 2024
Where the permission granted the petitioner pursuant to
						Public Service Law, section
						68, is to supply gas only to less than 20
						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 Public Service Law, article 4, except those affecting matters
						of public safety and the provisions of sections 26, 65 and 68.[FN*]
[FN*] The power of the commission to commence an
						enforcement proceeding, which is now set forth in section 26 of article 1 of
						the Public Service Law, was previously set forth in section 74 of article
						4.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter C - Applications For Authority › Article 6 - Miscellaneous › Part 58 - Petitions For Exemption From Compliance With Provisions Of The Public Service Law › Section 58.4 - Gas service to 20 or more customers; electric, steam and water service

Current through Register Vol. 46, No. 28, July 10, 2024
Where the permission granted the petitioner pursuant to
						Public Service Law, section
						68,
						81 or
						89-e, is to supply gas to 20 or more
						customers or electricity, steam or water to any number of customers specified
						by the commission, the commission may, if the public interest permits, exempt
						such corporation from making full reports and from keeping accounts as to such
						subsidiary and incidental business.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter D - Rate Proceedings › Part 61 - Rate Proceedings › Section 61.1 - Burden of proof

Current through Register Vol. 46, No. 28, July 10, 2024
The burden of proof is upon the utility whose rates, rules
					 and regulations relating thereto, charged or proposed to be charged, are being
					 considered.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter D - Rate Proceedings › Part 61 - Rate Proceedings › Section 61.2 - Presumption as to existing rates

Current through Register Vol. 46, No. 28, July 10, 2024
The rates, rules and regulations relating thereto that are
					 in effect when the proceeding is initiated will not be presumed to be just and
					 reasonable.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter D - Rate Proceedings › Part 61 - Rate Proceedings › Section 61.3 - Matters to be established by utility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The utility whose rates, rules and
				  regulations are being considered shall establish by competent testimony;
(1) the annual revenues under the existing
				  rates, rules and regulations that are being considered and under those which
				  said utility proposes to charge;
(2) number of units of service rendered
				  (e.g.,kilowatt-hours, M cubic feet, car miles and car hours or telephone calls)
				  for each service classification involved, actual and proposed; and
(3) revenue per unit similarly.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter D - Rate Proceedings › Part 61 - Rate Proceedings › Section 61.4 - Expected changes

Current through Register Vol. 46, No. 28, July 10, 2024
If the utility involved believes that there will be changes
					 in revenues, expenses or income which should be considered in determining
					 reasonable rates for the future, it shall present competent testimony to
					 support such estimates. Speculative or conjectural data are not acceptable and
					 all estimates must be explained in detail and the bases definitely
					 established.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter D - Rate Proceedings › Part 61 - Rate Proceedings › Section 61.5 - Establishment of original cost and accrual depreciation

Current through Register Vol. 46, No. 28, July 10, 2024
Where return is involved or claimed, the utility shall
					 establish by competent evidence the original cost of the property used and
					 useful in the service to which the rates, rules and regulations involved in the
					 proceeding relate and the accrued depreciation thereon. All property not so
					 used and useful shall be excluded (note particularly of section
					 61.3[d][5] 
					 of this Part). Accrued depreciation as used herein means the loss or depletion
					 in worth or value, compared with a specified cost new, due to all causes which
					 bring about the ultimate retirement of the property, such as wear and tear,
					 decay, action of the elements, inadequacy, obsolescence, changes in the art,
					 changes in demand and requirements of public authorities. Departure from
					 newness, estimated cost of needed repairs or that part of depreciation which
					 may be measured by inspection alone will not be accepted as satisfactory
					 evidence of the total amount of accrued depreciation actually existing in the
					 property.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter D - Rate Proceedings › Part 61 - Rate Proceedings › Section 61.6 - Property acquired from affiliated interests

Current through Register Vol. 46, No. 28, July 10, 2024
In the case of property acquired from affiliated interests,
					 as defined in section 110  of the Public Service Law, there shall
					 be shown whenever possible the original cost of such property to the
					 corporation or person constituting such affiliated interest and the
					 depreciation accrued by such corporation or person at the time of sale or
					 transfer to the utility.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter D - Rate Proceedings › Part 61 - Rate Proceedings › Section 61.7 - Reproduction cost

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Evidence of
				  reproduction cost need not be submitted, but if presented, it shall be primary
				  accounts and subdivisions thereof as prescribed in the applicable uniform
				  system of accounts prescribed by this commission and the corresponding original
				  cost and book cost of the property as defined in this section shall be shown if
				  the book cost differs from original cost.
(b) If evidence of reproduction cost is
				  submitted, the accrued depreciation as herein defined, that is applicable to
				  such reproduction cost, shall be shown by primary accounts and subdivisions
				  thereof as provided for in section
				  61.5 
				  of this Part. Reproduction costs without accrued depreciation is not an element
				  in determining the value of the property for the purpose of computing a return
				  and will not be accepted as such.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter D - Rate Proceedings › Part 61 - Rate Proceedings › Section 61.8 - Working capital

Current through Register Vol. 46, No. 28, July 10, 2024
Any claims for working capital or other elements of value
					 must be established by competent evidence.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter D - Rate Proceedings › Part 61 - Rate Proceedings › Section 61.9 - Amounts previously charged to other than capital accounts

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever amounts previously charged to operating expenses
					 or to income accounts or to surplus are included in claimed original cost or
					 book cost of said property, such amounts shall be clearly set forth with the
					 date of such charges.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter D - Rate Proceedings › Part 61 - Rate Proceedings › Section 61.10 - Restriction on rate filings

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Whenever the effective date of any change to any public utility company's
				  tariff schedule is suspended by order of the commission pending an
				  investigation of that company's revenue requirement, no change of any other
				  tariff schedule in force at the time of the commission's suspension order shall
				  be accepted for filing without the approval of the commission, except as
				  provided by subdivision (c) of this section.
(b) No change of any tariff schedule shall be
				  accepted for filing without the approval of the commission, unless the changed
				  schedule:
(1) contains a tariff leaf setting
				  forth a schedule of surcharges designed to allocate the expense of each utility
				  gross revenue tax, imposed by a city, a village, or the State, to the customers
				  whose service produces revenues subject to that tax; or
(2) contains no changes other than those set
				  forth in subdivision (c) of this section.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter F - Long-range Electric System Planning › Part 84 - Transmission Facilities Management › Section 84.1 - Aerial spraying approval

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
				  electric utility in New York State that proposes to apply herbicides using the
				  aerial application technique to manage right-of-way (ROW) vegetation shall, on
				  a site-by-site basis for any given transmission ROW, submit a plan, with
				  suitable maps and charts, justifying its choice of aerial herbicide treatments
				  of ROW vegetation. At a minimum, the plan shall describe vegetation types to be
				  treated, ROW access conditions, and measures to insure that nontarget resources
				  such as surface and ground waters, potable water supplies and nontarget lands,
				  such as residential and recreational areas, croplands, and other sensitive
				  areas, will not be fouled by the herbicides. The statement shall also describe
				  how the proposed aerial applications will achieve the ROW vegetation management
				  goals that the company has established for the ROW system as a whole and
				  management objectives for the affected individual ROW's.
(b) Such information shall be filed at least
				  60 days before the date on which the proposed aerial spraying is scheduled to
				  begin. The proposed aerial spraying will not begin unless the affected company
				  complies with the informational requirements specified in subdivision (a) of
				  this section, and the commission approves the proposal. If, however, the
				  commission has not acted upon the proposal within 45 days after its filing, the
				  plan shall be deemed approved.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter F - Long-range Electric System Planning › Part 84 - Transmission Facilities Management › Section 84.3 - Transmission right-of-way maintenance programs and schedules

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each member
				  system of the New York Power Pool, except the Power Authority of the State of
				  New York, shall, by March 31, 1981, prepare and file with the commission a
				  right-of-way (ROW) maintenance program for its transmission system which is
				  designed to achieve the company's long-range ROW management planning goals. At
				  a minimum, the program should contain the following elements:
(1) provisions for regular inspections of the
				  ROW's, including the specifics of the types of inspection and the frequencies
				  of inspection;
(2) specific
				  quantitative criteria relating to the clearances between conductors and
				  vegetation and the corresponding range of time in which the vegetation
				  maintenance must be performed. These criteria are to be used by ROW inspectors
				  in determining when maintenance is necessary;
(3) a requirement that annual schedules for
				  the treatment of vegetation based on the results of the ROW inspections be
				  prepared;
(4) preparation and use
				  of standardized inspection reports to record the findings of all ROW and
				  vegetation inspections;
(5) the
				  preparation and use of standardized reports of all ROW maintenance and
				  vegetation treatments. Reports must include the type, location, acreage, and
				  date of all mechanical, chemical or other treatments; and
(6) retention, for three years, of herbicide
				  application reports, and retention, for a period to coincide with the
				  maintenance cycle of the company, of ROW inspection dates, maintenance
				  schedules and maintenance activities for each ROW in the transmission system.
				  Maintenance information may be summarized on an annual basis and recorded on
				  the permanent record for each transmission facility.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter G - Certificates Of Environmental Compatibility And Public Need › Part 85 - General Procedures › Subpart 85-1 - Procedures with Respect to Gas Transmission Lines Less Than 10 Miles Long › Section 85-1.0 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Subpart, unless the context requires
						otherwise:
(a) applicant means a
					 person who files any NOI or application;
(b) application means a document filed under
					 section
					 85-1.3 
					 of this Subpart;
(c)
					 EM&CS&P means environmental management and construction standards and
					 practices filed under section
					 85-1.2
					 or
					 85-1.3 
					 of this Subpart;
(d) fuel gas
					 transmission line (line) means a pipeline extending a distance of 1,000 feet or
					 more, to be used to transport fuel gas at pressures of 125 psig or more,
					 excluding appurtenant facilities, [FN1] but shall not include any such
					 transmission line which is located wholly underground in a city, or wholly
					 within the right-of-way of a State, county or town highway or village street,
					 as those terms as defined in article one of the Highway Law and article six of
					 the village law, or which replaces an existing transmission line, including
					 appurtenant facilities, and extends a distance of less than one mile;
(e) municipality means a county, city, town
					 or village;
(f) NOI means a notice
					 of intention filed under section
					 85-1.2 
					 of this Subpart;
(g) person means
					 any individual, corporation, public benefit corporation, political subdivision,
					 governmental agency, municipality, partnership, cooperative association, trust
					 or estate;
(h) pipeline means a
					 line which transports gas at any pressure;
(i) psig means pounds per square inch
					 gauge;
(j) PSL means the New York
					 Public Service Law; and
(k) R/W
					 means right-of-way, which is an easement-acquired or fee-owned corridor in
					 which a gas transmission facility is located.
[FN1] Appurtenant facilities are defined in Public
						Service Law, section
						120(4).
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter G - Certificates Of Environmental Compatibility And Public Need › Part 85 - General Procedures › Subpart 85-1 - Procedures with Respect to Gas Transmission Lines Less Than 10 Miles Long › Section 85-1.1 - Environmental management and construction standards and practices

Current through Register Vol. 46, No. 28, July 10, 2024
All persons who intend to construct fuel gas transmission
						lines as described in this Subpart shall:
(a) file in accordance with the requirements
					 of section
					 3.5 
					 of this Title, the EM&CS&P that will be followed to protect and
					 minimize impact to the environment during installation and maintenance of all
					 such lines; and
(b) file in
					 accordance with the requirements of section
					 3.5 
					 of this Title, a certified statement agreeing to install and maintain such
					 lines in accordance with EM&CS&P approved by the commission.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter G - Certificates Of Environmental Compatibility And Public Need › Part 85 - General Procedures › Subpart 85-1 - Procedures with Respect to Gas Transmission Lines Less Than 10 Miles Long › Section 85-1.3 - Filing and service of applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An application to construct a fuel gas
					 transmission line which is less than 10 miles long, other than as described in
					 section
					 85-1.2(a) 
					 of this Subpart, or section 120 (2)  of the Public
					 Service Law, shall contain:
(1) the
					 information required by:
(i) section
					 85-1.2(a) 
					 of this Subpart; and
(ii) section
					 85-1.2(c)(2) 
					 of this Subpart;
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter G - Certificates Of Environmental Compatibility And Public Need › Part 85 - General Procedures › Subpart 85-1 - Procedures with Respect to Gas Transmission Lines Less Than 10 Miles Long › Section 85-1.4 - Determination of line length and system configuration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In calculating the length of a line to
					 determine whether an application or NOI should be filed:
(1) the length of a well line shall be
					 measured from the trap or separator at the well to the point at which the gas
					 being transported from the well commingles with other gas; and
(2) the length of any other line shall be
					 measured from the point at which gas leaves one pipeline to the point at which
					 it enters another pipeline.