New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 452 - Resale Rates-municipalities And Cooperatives › Section 452.3 - Rate revisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
				considering applications for rate revisions, the authority will consider annual
				reports submitted by the applicant in accordance with section
				452.2 of this Part. Applications
				for rate revisions shall be accompanied by such information as the authority
				may require to update information contained in the most recent annual report
				submitted by the applicant and such other information as the authority deems
				necessary to demonstrate that the requested rate revision is needed and is in
				compliance with the intent and purposes of the Power Authority Act, as amended
				(Public Authorities Law, article 5, title 1), and the Niagara Redevelopment Act
				( Public Law 85-159).
(b) Local
				public hearings re rate revision. In connection with any request for rate
				revision by the preference customers of the Power Authority, a contracting
				municipality shall hold a public hearing at an appropriate local office to
				afford reasonable opportunity for participation by all interested parties, or
				their representatives concerning such proposed rate revision. In the event
				there is a governing electric commission or board, the public hearing should be
				a joint undertaking between members of such commission or board and the
				municipal governing body. In order to provide for a reasonable opportunity for
				participation by the residents of the service area in which electric service is
				provided there shall be published in the local media, newspapers or otherwise,
				notice of such hearing in the manner required for an official notice to be
				issued by any municipality. The listing of such a hearing as an agenda item to
				be considered in addition to other items scheduled for a public hearing or
				consideration published in accordance with local law, custom or requirement
				shall constitute compliance with this provision. A contracting cooperative
				seeking such rate revision shall hold a meeting, upon 30 days' notice unless
				such notice be waived by its members, at which time such proposal for a rate
				revision shall be the subject of approval or disapproval. At this hearing or
				meeting as the case may be it shall be necessary to have data available to
				answer reasonable and responsible questions that could be reasonably
				anticipated. Such data should include, but not be limited to, the following:
(1) comparison of present and proposed net
				rates;
(2) comparison of annual
				revenues by amount and percent change for each service classification under
				present and proposed rates; and
(3)
				typical net monthly bills comparison for each service classification under
				present and proposed rates by amount and percent change.
If at such hearing or meeting as the case may be or the
				  conclusion thereof, application for such request rate revision is approved,
				  there shall be furnished to the authority a transcript of said hearing or
				  meeting, if any, and if there be none a summary of the proceedings attested to
				  by the official of the municipality or cooperative designated to act in the
				  premises together with a request and recommendation to implement the proposed
				  revised rates included in the form of an appropriate duly executed board
				  resolution.