New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 8 - Executive Orders (Andrew M. Cuomo) › Section 8.73 - Executive order no. 73: designation pursuant to section 6 of the executive law

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, beginning on October 29, 2012, Hurricane Sandy
					 caused massive power outages throughout Long Island, New York City,
					 Westchester, Rockland and surrounding counties, affecting over two million
					 customers, including ninety percent of customers on Long Island; and
WHEREAS, storm emergencies have effected, as well as
					 thousands of businesses and private and public services providers charged with
					 the protection of the health and safety of New Yorkers, including hospitals,
					 adult homes, nursing homes and other residences serving persons with
					 disabilities and other special needs; and
WHEREAS, storm emergencies crippled major public
					 transportation systems, including mass transportation, bridges, tunnels, roads
					 and several waterways, throughout the region; and
WHEREAS, the loss of power adversely affected a variety of
					 other critical systems including communications services, gasoline terminals
					 and stations, natural gas delivery to residences and steam delivery to large
					 residential and commercial complexes; and
WHEREAS, on November 7, 2012, a Nor'easter with snow
					 exacerbated the suffering, property damage and power outages sustained in some
					 of the same areas affected by Hurricane Sandy; and
WHEREAS, such sustained disruption of the power supply and
					 its cascading damage to other critical systems in many communities,
					 neighborhoods and industrial areas, as well as the continued prevalence of
					 downed utility lines, has jeopardized the health and safety of New Yorkers and
					 undermined public confidence in the public utility service system; and
WHEREAS, in August and September of 2011, as a result of
					 Hurricane Irene and Tropical Storm Lee over one million customers in New York
					 State lost power and some communities suffered prolonged power outages which
					 not only impacted Long Island, New York City, Westchester, Rockland and
					 surrounding counties, but also the counties of Albany, Broome, Chenango,
					 Chemung, Clinton, Columbia, Delaware, Dutchess, Essex, Franklin, Fulton,
					 Greene, Hamilton, Herkimer, Montgomery, Oneida, Otsego, Rensselaer, Saratoga,
					 Schenectady, Schoharie, Tioga, Tompkins, Warren and Washington; and
WHEREAS, in December 2008, an ice storm caused over 300,000
					 power outages in New York State, and many customers were still without power a
					 week after the storm; and
WHEREAS, these recent and past events indicate that utility
					 emergency response planning and procedures must anticipate future emergencies
					 and be prepared; and
WHEREAS, utilities are required to provide safe, adequate
					 and reliable services to the public; and
WHEREAS, while the New York State Public Service Commission
					 is the regulatory agency charged with oversight of private utilities in the
					 State of New York, there exists a labyrinth of other regulatory bodies, state
					 agencies, authorities and quasi-governmental bodies including but not limited
					 to the New York Power Authority, the Long Island Power Authority, and the New
					 York State Energy and Research Development Authority, whose overlapping
					 mandates, jurisdiction and responsibilities have contributed to a dysfunctional
					 utility system; and
WHEREAS, serious questions have been raised about the
					 adequacy of utility management, structures, resources, the current regulatory
					 framework and oversight to ensure effective preparation for and response to
					 natural disasters by utilities in this State, particularly in light of the
					 increasing frequency and intensity of such disasters as well as the licensing,
					 certification, supervision and regulation of the power industry in New York;
					 and
WHEREAS, to maintain public confidence in the provision of
					 vital services by utilities, it is manifestly in the public interest to study,
					 examine, investigate and review each and every component of the provision of
					 power to New York State; and
WHEREAS, Article IV, Section 3, of the New York
					 Constitution vests the Governor with the obligation to take care that the laws
					 are faithfully executed;
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State
					 of New York, by virtue of the authority vested in me by the Constitution and
					 laws of the State of New York, do hereby order as follows:
1. Pursuant to Section 6  of the Executive
				  Law, I hereby appoint a Commission to:
(A)
				  study, examine, investigate and review:
(i)
				  the emergency preparedness and response of utilities during and following
				  emergency weather events, including the performance of the utilities during and
				  following emergency weather events;
(ii) the adequacy of present laws, rules,
				  regulations, practices and procedures with respect to utilities' emergency
				  preparedness and response;
(iii)
				  the adequacy of existing oversight and enforcement mechanisms;
(iv) the structure, organization, ownership,
				  financing, control, management and practices of the utilities as they affect
				  emergency preparedness and response; and
(v) the provision of utility services to New
				  York State under the existing legal regulatory framework, including but not
				  limited to the jurisdiction, responsibilities and missions of the New York
				  Power Authority, the Long Island Power Authority, the New York State Energy and
				  Research Development Authority, as well as the Public Service
				  Commission;