reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter B - Procedures And Requirements Concerning Consumer Protections › Part 14 - Rules Governing The Provision Of Service By Certain Water Corporations To Residential Customers › Section 14.6 - Voluntary third-party notice prior to termination of service

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every utility
				  must permit a customer to designate a third party to receive copies of all
				  notices regarding termination of service or other credit actions sent to such
				  customer, provided that the designated third party agrees in writing to receive
				  such notices.
(b) The utility must
				  inform the third party that the agreement to receive notices does not mean the
				  third party must pay for service provided to the customer.
(c) The utility must promptly notify the
				  customer in writing of the third party's refusal or cancellation of the
				  agreement to receive notices.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter B - Procedures And Requirements Concerning Consumer Protections › Part 14 - Rules Governing The Provision Of Service By Certain Water Corporations To Residential Customers › Section 14.7 - Termination of service to entire multiple dwellings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Required notices.
(1) A utility must not terminate service to
				  an entire multiple dwelling unless it fulfills all requirements of this section
				  and provides written notice to:
(i) the owner
				  of the multiple dwelling or the party to whom the last preceding bill was
				  rendered;
(ii) the superintendent
				  or other person in charge of the multiple dwelling, if it can be readily
				  determined that there is such superintendent or other person in
				  charge;
(iii) the occupants of each
				  unit;
(iv) the local health officer
				  and the director of the social services district for the political subdivision
				  in which the multiple dwelling is located;
(v) if the multiple dwelling is located in a
				  city or village, the mayor thereof, or if there is none, the manager; or if the
				  multiple dwelling is located in a town, the town supervisor; and
(vi) the county executive of the county in
				  which the multiple dwelling is located, or if there is none, the chairperson of
				  the county's legislative body.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter B - Procedures And Requirements Concerning Consumer Protections › Part 14 - Rules Governing The Provision Of Service By Certain Water Corporations To Residential Customers › Section 14.8 - Termination of service to two-family dwellings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applicability. If a utility knows that
				  service is provided to a two-family dwelling, as defined in paragraph (b)(21)
				  of section
				  14.2 
				  of this Part, service must not be terminated unless the requirements of this
				  section are complied with; provided, however, that where the utility knows that
				  service is billed separately for each unit, this section does not apply. Each
				  utility must keep a record of two-family dwellings.
(b) Required notices.
(1) A utility must not terminate service to a
				  two-family dwelling unless it fulfills all requirements of this section and
				  provides written notice to:
(i) the owner of
				  the premises or the party to whom the last preceding bill was rendered;
				  and
(ii) the occupants of each
				  unit.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter B - Procedures And Requirements Concerning Consumer Protections › Part 14 - Rules Governing The Provision Of Service By Certain Water Corporations To Residential Customers › Section 14.9 - Reconnection of service

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Obligation
				  to reconnect. A utility must reconnect service that has been terminated within
				  24 hours of the customer's request for reconnection, unless prevented by
				  circumstances beyond the utility's control or unless a customer requests
				  otherwise, under any of the following conditions:
(1) upon receipt of the full amount of
				  arrears for which service was terminated;
(2) upon receipt of a signed payment
				  agreement consistent with section
				  14.10 
				  of this Part, covering the full amount of arrears for which service was
				  terminated, and the receipt of a downpayment, if required under that
				  agreement;
(3) upon the direction
				  by the commission or its designee; or
(4) where a utility has received notice that
				  a serious impairment to health or safety is likely to result if service is not
				  reconnected. Doubts as to whether reconnection is required for health or safety
				  reasons must be resolved in favor of reconnection.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter B - Procedures And Requirements Concerning Consumer Protections › Part 14 - Rules Governing The Provision Of Service By Certain Water Corporations To Residential Customers › Section 14.10 - Deferred payment agreements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Utility's obligations.
(1) A utility must
				  provide a written offer of a payment agreement, in accordance with this
				  section, to an eligible customer or applicant at the following times:
(i) not less than five calendar days before
				  the date of the scheduled termination of service for nonpayment of arrears, as
				  indicated on a final termination notice, or eight calendar days if
				  mailed;
(ii) when payment of
				  outstanding charges is a requirement for acceptance of an application for
				  service, in accordance with section
				  14.3 
				  of this Part; and
(iii) when it
				  renders a backbill which is more than $100; provided, however, that a utility
				  is not required to offer an agreement under this subparagraph where the
				  customer's culpable conduct caused or contributed to the
				  underbilling.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter B - Procedures And Requirements Concerning Consumer Protections › Part 14 - Rules Governing The Provision Of Service By Certain Water Corporations To Residential Customers › Section 14.11 - Residential service deposits

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Deposit requirements.
(1) A utility may only
				  require the payment of a security deposit from:
(i) a seasonal, short-term or temporary
				  customer;
(ii) a delinquent
				  customer, as long as at least 20 calendar days before its request for a
				  deposit, the utility provides the customer with written notice that the failure
				  to make a specified payment before a specified date may result in a request for
				  a deposit and states how the deposit would be calculated; or
(iii) a customer whose service was terminated
				  for nonpayment during the preceding six months.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter B - Procedures And Requirements Concerning Consumer Protections › Part 14 - Rules Governing The Provision Of Service By Certain Water Corporations To Residential Customers › Section 14.12 - Meter reading and estimated bills

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Meter reading.
(1) A utility must attempt to obtain an
				  actual reading for every metered account, on a regularly scheduled basis in
				  accordance with its tariff.
(2) An
				  attempt to obtain a reading from either the meter or from a remote registration
				  device requires that a meter reader follow routine reading procedures and
				  access instructions, if applicable.
(3) Unless a customer does not have access to
				  the meter or the customer will be unable to obtain a reliable reading, the
				  utility must, at the time of any unsuccessful attempt to obtain an actual
				  reading, leave at the premises or mail the customer a meter reading
				  card.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter B - Procedures And Requirements Concerning Consumer Protections › Part 14 - Rules Governing The Provision Of Service By Certain Water Corporations To Residential Customers › Section 14.13 - Backbilling

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Notice.
(1) Every backbill must contain a written
				  explanation of the specific reason for the backbill, and if the bill covers
				  more than a 24-month period, a statement as to why the billing was not limited
				  under subdivision (c) of this section.
(2) Every backbill must contain all required
				  information applicable under section
				  14.15  of this
				  Part.
(3) A backbill must be
				  accompanied by an offer of a payment agreement in accordance with section
				  14.10 
				  of this Part, if applicable.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter B - Procedures And Requirements Concerning Consumer Protections › Part 14 - Rules Governing The Provision Of Service By Certain Water Corporations To Residential Customers › Section 14.14 - Late payment and other charges

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Late payment charges.
(1) A utility may charge
				  for late payments, consistent with its tariff, on the balance of any bill for
				  service, which has not been paid in full within 20 calendar days of the date
				  payment was due.
(2) A utility may
				  not impose a late payment charge on any bill that is the subject of a pending
				  complaint before the utility or the commission; provided, however, that a late
				  payment charge may be imposed if the final resolution of the complaint directs
				  payment of the disputed amount or any portion of it to the utility.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter B - Procedures And Requirements Concerning Consumer Protections › Part 14 - Rules Governing The Provision Of Service By Certain Water Corporations To Residential Customers › Section 14.15 - Contents of bills

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every
				  utility bill must state:
(1) the name and
				  address of the corporation, partnership or person responsible for supplying the
				  service;
(2) where the bill can be
				  paid;
(3) the service
				  classification on which the charges are based, if applicable;
(4) the name of the customer, the account
				  number and the address of the premises where the service was
				  supplied;
(5) the start and end
				  date of the billing period;
(6) the
				  amount of service billed with a separate itemization for minimum charges and
				  usage, a statement of the cost of any other tariff charges and applicable
				  taxes, and the total of the current charges, displayed in a vertical
				  format;
(7) the date payment is
				  due, as long as the date is not before the bill is hand-delivered to the
				  customer or less than three calendar days after the bill is mailed;
(8) the date of the latest payment received
				  or the date through which payments have been credited, and the balance carried
				  over from the prior bill, if any;
(9) whether any charge will be imposed for
				  late payment, if applicable, and the date payment must be received by the
				  utility, in order to avoid a late payment charge;
(10) the amount of any late payment charge
				  applied during the current billing cycle, if applicable;
(11) an explanation of any abbreviation or
				  symbol used that is not common English usage;
(12) a telephone number to call at the
				  utility if the customer has any questions about the bill; and
(13) for metered accounts:
(i) whether the bill is based on a reading
				  obtained from the meter itself or from a remote registration device, a customer
				  reading, or an estimation, and if estimated, the reason for the
				  estimation;
(ii) the next scheduled
				  meter reading date, if applicable; and
(iii) if the bill is for previously unbilled
				  unmetered service, that the bill is for an estimated amount of service used but
				  previously not billed, the reason the bill was not rendered at the time the
				  service was used, the basis used for calculating the amount of service billed,
				  and the period of the unmetered service.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter B - Procedures And Requirements Concerning Consumer Protections › Part 14 - Rules Governing The Provision Of Service By Certain Water Corporations To Residential Customers › Section 14.16 - Notice requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Annual
				  notice of rights.
(1) A utility must, at the
				  time of application for service and at least once each year after service is
				  extended, provide applicants and customers with a brochure containing a
				  detailed description of their rights and obligations under this Part, including
				  the following:
(i) conspicuous notice that
				  customers who are elderly, blind or disabled, or whose service is heat-related
				  must so inform the utility in order to receive special protections;
				  and
(ii) appropriate form(s) to be
				  filled out by customers who may be eligible for special protections including
				  but not limited to elderly, blind and disabled, public assistance recipients,
				  and persons in two-family dwellings.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter B - Procedures And Requirements Concerning Consumer Protections › Part 14 - Rules Governing The Provision Of Service By Certain Water Corporations To Residential Customers › Section 14.17 - Emergency disconnection of residences

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Emergency disconnection. A utility may
				  disconnect service to a premises when an emergency may threaten the health or
				  safety of a person, the surrounding area or the utility's distribution
				  system.
(b) Notice. A utility must,
				  if possible, provide advance notice to those whose service will be disconnected
				  under this section.
(c) Restoration
				  of service. A utility must act promptly to restore service as soon as feasible
				  after disconnection. Service must be restored to any premises which has been
				  disconnected under this section, before it may be terminated for nonpayment of
				  charges.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter B - Procedures And Requirements Concerning Consumer Protections › Part 14 - Rules Governing The Provision Of Service By Certain Water Corporations To Residential Customers › Section 14.18 - Inspection and examination of utility apparatus

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Right to inspect.
(1) An agent of a utility may enter, at all
				  reasonable times, any location supplied with service by the utility for
				  inspection and examination of its equipment related to the provision of such
				  service.
(2) An agent of a utility
				  may not enter locked premises without the permission of a person lawfully in
				  control of the premises, unless explicitly authorized by court order or when an
				  emergency may threaten the health or safety of a person, the surrounding area
				  or the utility's distribution system.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter B - Procedures And Requirements Concerning Consumer Protections › Part 14 - Rules Governing The Provision Of Service By Certain Water Corporations To Residential Customers › Section 14.19 - Complaint handling procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Complaints to the utility.
(1) A utility must establish a written
				  procedure for the handling of customers' complaints to the utility which allows
				  for the acceptance and processing of complaints in a simple manner and form.
				  Such procedure must require that complaints be promptly acknowledged, fairly
				  investigated in a reasonable period of time, and that the results of such
				  investigations be promptly reported to the complainants in plain language. Such
				  procedure must also include notice to the customer of a specified telephone
				  number for customers or applicants to call with any questions or
				  problems.
(2) A utility must not
				  take any steps to terminate a customer's service between the time a complaint
				  is filed with the utility and 15 calendar days after the utility provides the
				  customer with the results of the investigation, as long as the customer pays
				  the undisputed portions of any bills for service, which may include bills for
				  current usage.
(3) After the
				  investigation is completed, a utility must promptly report the results to the
				  customer in plain language. If the report is made orally, the utility must
				  provide the customer with the report in writing upon request.
(4) When the utility gives its final response
				  to a customer's complaint and the complaint resolution is wholly or partially
				  in the utility's favor, the utility must inform the customer of the
				  commission's complaint handling procedures, including the commission's address
				  and telephone number.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter B - Procedures And Requirements Concerning Consumer Protections › Part 14 - Rules Governing The Provision Of Service By Certain Water Corporations To Residential Customers › Section 14.20 - Utility compliance

Current through Register Vol. 46, No. 28, July 10, 2024
All utilities shall conform their practices to comply with
					 rules set forth in this Part not later than January 22, 1991.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter C - Applications For Authority › Article 1 - General › Part 17 - Matters Relative To All Applications › Section 17.1 - Preparation and filing of petition

Current through Register Vol. 46, No. 28, July 10, 2024
All applications for approval, consent, permission or
						certificate of authority shall be by petition duly verified. The petition and
						all accompanying documents shall be filed in accordance with the requirements
						of section
						3.5 
						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 1 - General › Part 17 - Matters Relative To All Applications › Section 17.2 - Attachment of certificate of incorporation

Current through Register Vol. 46, No. 28, July 10, 2024
A certified copy of the certificate of incorporation of
						every corporation directly interested in presenting the petition, together with
						a certified copy of each amendment to such certificate shall accompany the
						petition. If a document has once been filed with the commission, the petitioner
						may, in lieu of filing further copies, state in the petition such fact with the
						date of filing and the proceeding in which the same was
						filed.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter C - Applications For Authority › Article 1 - General › Part 17 - Matters Relative To All Applications › Section 17.3 - Further information required

Current through Register Vol. 46, No. 28, July 10, 2024
The petition shall contain such further information as
						required by law or by rules of the commission and shall set forth in detail
						that compliance has been had with such requirements.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter C - Applications For Authority › Article 1 - General › Part 17 - Matters Relative To All Applications › Section 17.4 - Correction of deficiencies

Current through Register Vol. 46, No. 28, July 10, 2024
Deficiencies in a filed petition, when called to the
						attention of the applicant, must be promptly corrected, or the application may
						be denied for lack of proper submission.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter C - Applications For Authority › Article 1 - General › Part 17 - Matters Relative To All Applications › Section 17.5 - Furnishing of original document

Current through Register Vol. 46, No. 28, July 10, 2024
The petitioner shall furnish and make available for the
						use of the commission the originals of all books, papers and documents which
						may be required or if so directed certified or verified copies of the same.
						Failure so to do may be grounds for rejecting the
						application.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter C - Applications For Authority › Article 2 - Issuance of Certificates and Permits › Part 21 - Gas, Electric, Steam, Waterworks, Telegraph And Telephone Corporations And Municipalities › Section 21.2 - Rules applicable to all petitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 The petition shall state the names of all corporations, including
					 municipalities, rendering the kind of service for which the petitioner requests
					 authority in the territory covered by the application.
(b) The petition shall be accompanied by a
					 certified copy of the franchise granted by the municipality or municipalities
					 in which the construction is proposed or authority is to be exercised, with a
					 verified statement by a responsible official of the petitioner that all
					 municipal consents have been secured that are required by law. Petitions by
					 waterworks corporations shall be accompanied by a certified copy of the order
					 of the Water Power and Control Commission authorizing construction.
(c) If the petitioner has previously secured
					 authority from the commission to exercise the powers granted under a prior
					 franchise that has expired, and has plant in operation, the petitioner shall
					 request only authority to exercise the rights and privileges granted by the new
					 franchise.
(d) If the petitioner
					 has been granted any permit, license or authority by any Federal authority
					 relative to the pending petition, the petitioner shall include a certified copy
					 of such original permit, license, or authority and all amendments
					 thereto.
(e) This section shall not
					 apply to telephone corporations that provide service primarily over their own
					 or leased facilities and that do not provide local exchange service. This
					 section shall not apply to non-incumbent telephone corporations that provide
					 local exchange service primarily over their own or leased facilities.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter C - Applications For Authority › Article 2 - Issuance of Certificates and Permits › Part 21 - Gas, Electric, Steam, Waterworks, Telegraph And Telephone Corporations And Municipalities › Section 21.3 - 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
						by competent evidence:
(a) Description
					 and population of the territory within which it proposes to exercise authority
					 granted by the franchise or consent and to begin construction, including the
					 names of all cities, towns and villages; also the dates when construction will
					 begin and service will be provided.
(b) Description of the plant and system to be
					 constructed and the estimated cost thereof.
(c) The manner in which the cost is to be
					 financed. If the municipality is to be bonded, there shall be submitted a
					 certified copy of the proposition submitted to the voters and the vote
					 thereon.
(d) The rates to be
					 charged for the classes of service rendered.
(e) Estimated revenues to be derived from
					 operations covered by the petition, and the estimated expenses of such
					 operations, each to be complete and in detail for each of the first three years
					 of service; also estimate made from an actual survey of the territory of the
					 number of prospective customers at the end of the first, second and third years
					 of service showing for each date the number of prospective customers in the
					 residential, commercial and industrial classes of service.
(f) The facts upon which it relies to entitle
					 it to exercise the rights and privileges petitioned for, including evidence of
					 the economic feasibility of the enterprise, proof of the applicant's ability to
					 finance the project and to render adequate service and that the proposal is in
					 the public interest.
(g) Where
					 similar services are being rendered in all or part of the area proposed to be
					 served, the public need for the proposed service including, but not limited to:
(1) the adequacy of the existing service to
					 meet the reasonable needs of the public in the territory involved;
(2) the ability and willingness of the
					 present operator(s) to provide such reasonably adequate service; and
(3) the degree of competition desirable or
					 required by the public interest.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter C - Applications For Authority › Article 2 - Issuance of Certificates and Permits › Part 21 - Gas, Electric, Steam, Waterworks, Telegraph And Telephone Corporations And Municipalities › Section 21.4 - Certification of radio-telephone utilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commission shall grant a certificate
					 of public convenience and necessity for the operation of a radio-telephone
					 utility to any applicant:
(1) who shows that
					 its certification:
(i) would provide an
					 entirely new service to the area to be served; or
(ii) would enhance competition in the area to
					 be served; and
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter C - Applications For Authority › Article 2 - Issuance of Certificates and Permits › Part 21 - Gas, Electric, Steam, Waterworks, Telegraph And Telephone Corporations And Municipalities › Section 21.5 - Amendments to radio-telephone utility certificates

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever a radio-telephone utility proposes to make any
						change which would alter its service contours, as authorized by its certificate
						of public convenience and necessity, it shall petition the commission for an
						amendment of said certificate. Said petition shall describe in detail the
						proposed reliable service contour. The commission may act without hearing upon
						petitions which it determines will have no significant impact upon the extent
						of a radio-telephone utility's service territory.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter C - Applications For Authority › Article 2 - Issuance of Certificates and Permits › Part 21 - Gas, Electric, Steam, Waterworks, Telegraph And Telephone Corporations And Municipalities › Section 21.6 - Service changes

Current through Register Vol. 46, No. 28, July 10, 2024
Any new service offering, or change in an existing
						service offering, which does not affect a radio-telephone utility's service
						territory, as described in its certificate of public convenience and necessity
						shall be implemented by tariff filing. The certificate of public convenience
						and necessity need not be amended.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter C - Applications For Authority › Article 2 - Issuance of Certificates and Permits › Part 21 - Gas, Electric, Steam, Waterworks, Telegraph And Telephone Corporations And Municipalities › Section 21.7 - Certification of resellers of telephone service

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commission shall grant a certificate
					 of public convenience and necessity for the resale of telephone services to any
					 applicant who shows that its certification:
(1) would provide an entirely new service to
					 the area to be served; or
(2) would
					 enhance competition in the area to be served.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter C - Applications For Authority › Article 2 - Issuance of Certificates and Permits › Part 21 - Gas, Electric, Steam, Waterworks, Telegraph And Telephone Corporations And Municipalities › Section 21.8 - Alternate service provision for resale

Current through Register Vol. 46, No. 28, July 10, 2024
The availability of resale telephone service shall in no
						way interfere with the right of an owner or occupant of premises to obtain
						service from the duly certificated landline company serving the
						territory.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter C - Applications For Authority › Article 2 - Issuance of Certificates and Permits › Part 21 - Gas, Electric, Steam, Waterworks, Telegraph And Telephone Corporations And Municipalities › Section 21.9 - Filing with other governmental agencies

Current through Register Vol. 46, No. 28, July 10, 2024
Radio-telephone utilities and resellers of telephone
						service shall file contemporaneously with this commission a verified copy of
						applications or petitions being filed by it with other Federal, State or local
						governmental agencies whenever such applications or petitions affect radio-
						telephone operations in New York State.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter C - Applications For Authority › Article 2 - Issuance of Certificates and Permits › Part 21 - Gas, Electric, Steam, Waterworks, Telegraph And Telephone Corporations And Municipalities › Section 21.10 - Expedited proceedings on noncontested applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) Upon
					 the motion of any applicant, the commission may, where it appears to be in the
					 public interest, order that the public hearings required by section 68  of the Public Service Law on an
					 application by a gas corporation or electric corporation, or by section 99  of the Public Service Law on an
					 application by a telephone utility, for the granting, modification or renewal
					 of a certificate of public convenience and necessity, be held before the
					 commission on the application and such exhibits, prepared testimony or other
					 information as may be filed by the applicant or by any party or staff counsel,
					 without oral testimony.
(2) A
					 motion by an applicant for an expedited proceeding under paragraph (1) of this
					 subdivision shall be made at any time before the commission acts on its
					 application. The applicant shall serve a copy of the motion for an expedited
					 proceeding and the public notice required by paragraph (3) of this subdivision
					 on each person or municipality, if any, entitled to service of a copy of the
					 application.
(3) Within 14 days
					 after the date on which it files its motion, an applicant moving under
					 paragraph (1) of this subdivision shall publish in a newspaper, or newspapers
					 of general circulation, in all the areas in which the franchise sought to be
					 granted or renewed would permit it to operate, a notice:
(i) briefly describing the subject matter of
					 the application;
(ii) stating that
					 the applicant has moved that the public hearing required by the Public Service
					 Law be held before the commission on the basis of the application and such
					 exhibits, prepared testimony and any other information as may have been filed
					 by any party or staff counsel, and that oral testimony not be taken;
					 and
(iii) stating that any person
					 opposed to the granting or renewal of the franchise should, within 10 days of
					 the date of the publication of the notice, notify in writing the secretary of
					 the Public Service Commission at Agency Building 3, Empire State Plaza, Albany,
					 NY 12223, of the reasons for the opposition.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter C - Applications For Authority › Article 2 - Issuance of Certificates and Permits › Part 22 - Repealed › Section 22.1 to 22.3 - Repealed

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 2 - Issuance of Certificates and Permits › Part 23 - Repealed › Section 23.1 to 23.3 - Repealed

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 2 - Issuance of Certificates and Permits › Part 24 - Repealed › Section 24.1 to 24.3 - 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 3 - Transfer of Certificates, Permits and/or Property › Part 31 - Gas, Electric, Steam, Waterworks, Telegraph And Telephone Corporations › Section 31.2 - 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
						by competent evidence the facts upon which it relies to establish that the
						transaction is in the public interest, proof of the ability of the petitioner
						to render adequate service and that the statements in the petition are
						true.
Note:
As the Public Service Law prohibits the capitalization of
						franchises, consents or rights to engage in utility business except as provided
						in the Public Service Law, the commission will not approve a transfer or lease
						where it appears that the transferee or the lessee is paying for a franchise,
						consent or right to engage in utility business in excess of legitimate original
						cost less proper amortization. Where the amount authorized to be paid exceeds
						the original cost less accrued depreciation of the physical property
						transferred or leased, together with the unamortized portion of the actual cost
						incurred in securing said franchise, consent or right, the commission may
						refuse to approve the application unless the applicant will amortize
						immediately said excess through charges to surplus.
As the Public Service Law prohibits the capitalization
						  of franchises, consents or rights to engage in utility business except as
						  provided in the Public Service Law, the commission will not approve a transfer
						  or lease where it appears that the transferee or the lessee is paying for a
						  franchise, consent or right to engage in utility business in excess of
						  legitimate original cost less proper amortization. Where the amount authorized
						  to be paid exceeds the original cost less accrued depreciation of the physical
						  property transferred or leased, together with the unamortized portion of the
						  actual cost incurred in securing said franchise, consent or right, the
						  commission may refuse to approve the application unless the applicant will
						  amortize immediately said excess through charges to
						  surplus.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter C - Applications For Authority › Article 3 - Transfer of Certificates, Permits and/or Property › Part 31 - Gas, Electric, Steam, Waterworks, Telegraph And Telephone Corporations › Section 31.3 - Radio-telephone utilities, resellers of telephone services

Current through Register Vol. 46, No. 28, July 10, 2024
Applications pursuant to section 99  of the Public Service Law by
						radio-telephone utilities or resellers of telephone services need contain only
						the information required by subdivisions (b)-(e) of section
						31.1  of 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 3 - Transfer of Certificates, Permits and/or Property › Part 35 - Repealed › Section 35.1 to 35.2 - Repealed

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 3 - Transfer of Certificates, Permits and/or Property › Part 36 - Repealed › Section 36.1 to 36.2 - Repealed

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 4 - Securities › Part 37 - Issuance Of Stocks, Bonds, Notes Or Other Evidences Of Indebtedness: Gas, Electric, Steam, Waterworks, Telegraph And Telephone Corporations › Section 37.1 - Contents of petition

Current through Register Vol. 46, No. 28, July 10, 2024
The petition duly verified shall state or contain:
(a) Financial condition of the applicant (see
					 Part 3 of this Chapter).
(b) The
					 basis of the book cost of utility property of applicant and particularly
					 whether it represents original cost of such property as original cost is
					 defined in subdivision (f) of section
					 31.1  of this
					 Subchapter, if it does not represent original cost, the basis should be fully
					 stated.
(c) Statement of whether
					 such book cost includes any amount for a franchise, consent or right to operate
					 as a public utility.
(d) The amount
					 and kind of stock which the corporation desires to issue, and, if preferred,
					 the nature and extent of the preference.
(e) The amount of bonds, notes and other
					 evidences of indebtedness which the corporation desires to issue, date of
					 maturity, the rate of interest, how secured, and if to be secured by a mortgage
					 or pledge, the terms thereof.
(f)
					 The purposes for which the funds to be derived from the issuance of such
					 securities are to be used, and particularly the amount for each of the
					 following:
(1) acquisition of
					 property;
(2) construction,
					 completion, extension or improvement of facilities;
(3) improvement or maintenance of its
					 service;
(4) discharge or refunding
					 of its obligations; and
(5)
					 reimbursement of moneys actually expended from income or from any other moneys
					 in the treasury not obtained from the issuance of stocks, bonds, notes or other
					 evidences of indebtedness.
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 37.2 - Specific provisions for acquisition of property

Current through Register Vol. 46, No. 28, July 10, 2024
If securities are to be issued to acquire property [the
						petition duly verified shall state or contain]:
(a) General description of the property to be
					 acquired.
(b) Consideration to be
					 paid for property and copy of purchase agreement.
(c) List of franchises, consents and rights
					 to be acquired including the name of the grantor, date when granted, date of
					 approval by this commission and number of case in which approval was granted
					 and copy of said franchises, consents or rights duly certified by the proper
					 official; consent to sale if any is required.
(d) Inventory of the property proposed to be
					 acquired with the original cost of such property, original cost being as
					 defined in section
					 31.1(f) 
					 of this Subchapter.
(e) In said
					 inventory, the property shall be classified according to the requirements of
					 the system of accounts prescribed by this commission applicable to the
					 seller.
(f) An estimate of the
					 accrued depreciation in the property together with a statement of the method or
					 methods used in arriving at such estimate.
(g) The book cost, viz., amount at which said
					 property is shown upon the balance sheet of the seller.
(h) The depreciation and amortization
					 reserves applicable to said property, estimated if not ascertainable from books
					 and records.
(i) A statement of
					 contributions toward construction of said property, such contributions to be
					 subdivided so as to show those subject to refund and those which are
					 not.
(j) Statement of operating
					 revenues, expenses and taxes for each of the three calendar years preceding the
					 date of the petition relating to the property to be sold and balance sheet of
					 the seller for the latest available date.
(k) At the hearing, the 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, that the property to
					 be acquired is necessary to provide adequate service at reasonable rates 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 37.3 - Specific provisions for construction, completion or improvement of facilities

Current through Register Vol. 46, No. 28, July 10, 2024
If securities are to be issued for the construction,
						completion or improvement of facilities [the petition duly verified shall state
						or contain]:
(a) General description
					 of the work proposed and the estimated cost thereof.
(b) Copy of construction or work
					 agreement.
(c) Description and book
					 cost in detail of all property which will be retired in connection with the
					 proposed construction, with an estimate of the cost of removal and the salvage
					 to be recovered.
(d) An affidavit
					 by the chief accounting officer of the petitioner that no part of the cost of
					 the work proposed is in whole or in part reasonably chargeable to operating
					 expenses or to income, except as therein set forth.
(e) At the hearing, the applicant shall be
					 prepared to show by competent evidence that the construction or equipment is
					 required to render adequate service at reasonable cost 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 37.4 - Specific provisions for improvement or maintenance of service

Current through Register Vol. 46, No. 28, July 10, 2024
If securities are to be issued for the improvement or
						maintenance of its service [the petition duly verified shall state or
						contain]:
(a) Statement in detail of
					 the purposes of the proposed expenditure and the estimated cost
					 thereof.
(b) Copy of construction
					 or work agreement.
(c) Description
					 and book cost in detail of all property which will be retired in connection
					 with the proposed construction, with an estimate of the cost of removal and the
					 salvage to be recovered.
(d) An
					 affidavit by the chief accounting officer of the petitioner that no part of the
					 cost of the work proposed is in whole or in part reasonably chargeable to
					 operating expenses or to income, except as therein set forth.
(e) Detailed statement of the reasons why the
					 proposed expenditures should be defrayed by the issuance of
					 securities.
(f) At the hearing, the
					 applicant shall be prepared to show by competent evidence that it is necessary
					 to issue the securities for the purposes proposed, that the proposed
					 expenditures are required to provide adequate service at reasonable rates 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 37.5 - Specific provisions for refunding of obligations or retirement of securities

Current through Register Vol. 46, No. 28, July 10, 2024
If securities are to be issued for refunding of
						obligations or the retirement of other securities [the petition duly verified
						shall state or contain]:
(a)
					 Description of obligations or securities to be refunded including par or face
					 value thereof, interest or dividend rate, date of maturity, call premium to be
					 paid, amount of money or other consideration actually received when refunded
					 obligations or securities were issued, use made of said proceeds, unamortized
					 costs of issue and unamortized premiums.
(b) Proposed disposition of unamortized costs
					 and premiums.
(c) Unpaid interest
					 or accrued dividends.
(d) 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.