May 31, 2017 DEPARTMENT OF STATE Vol. XXXIX Division of Administrative Rules Issue 22 NEW YORK STATE REGISTER

INSIDE THIS ISSUE: D Feminine Hygiene Products in Lockups D Regulations Governing the Recreational Harvest of Summer Flounder D Updating Certificate of Need Thresholds Financial Reports

State agencies must specify in each notice which proposes a rule the last date on which they will accept public comment. Agencies must always accept public comment: for a minimum of 45 days following publication in the Register of a Notice of Proposed Rule Making, or a Notice of Emergency Adoption and Proposed Rule Making; and for 30 days after publication of a Notice of Revised Rule Making, or a Notice of Emergency Adoption and Revised Rule Making in the Register. When a public hearing is required by statute, the hearing cannot be held until 45 days after publication of the notice, and comments must be accepted for at least 5 days after the last required hearing. When the public comment period ends on a Saturday, Sunday or legal holiday, agencies must accept comment through the close of business on the next succeeding workday.

For notices published in this issue: – the 45-day period expires on July 15, 2017 – the 30-day period expires on June 30, 2017 ANDREW M. CUOMO GOVERNOR

ROSSANA ROSADO SECRETARY OF STATE

NEW YORK STATE DEPARTMENT OF STATE

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New York State Register May 31, 2017/Volume XXXIX, Issue 22

KEY: (P) Proposal; (RP) Revised Proposal; (E) Emergency; (EP) Emergency and Proposal; (A) Adoption; (AA) Amended Adoption; (W) Withdrawal

Individuals may send public comment via electronic mail to those recipients who provided an e-mail address in Notices of Proposed Rule Making. This includes Proposed, Emergency Proposed, Revised Proposed and Emergency Revised Proposed rule makings. Choose pertinent issue of the Register and follow the procedures on the website (www.dos.ny.gov) Rule Making Activities Civil Service, Department of 1 / Jurisdictional Classification (A) Correction, State Commission of 1 / Feminine Hygiene Products in Lockups (P) Environmental Conservation, Department of 2 / Regulations Governing the Recreational Harvest of Summer Flounder (EP) Financial Services, Department of 4 / Minimum Standards for the Form and Rating of Family Leave Benefits Coverage, Including the Establishment and Operation of a Risk (A) Health, Department of 7 / Updating Certificate of Need Thresholds (P) Motor Vehicles, Department of 9 / Private Service Bureaus (W) Public Service Commission 10 / Financial Incentives to Create Customer Savings and Develop Market-Enabling Tools, with a Focus on Outcomes and Incentives (P) 10 / To Effectuate Amendments to 49 CFR Part 192 Mandated by the Pipeline and Hazardous Materials Safety Administration (P) 10 / Revisions to the Delivery Discount and Monthly Customer Charge for SC No. 3 and the Commodity Price for SC 15 (P) 11 / Certain Commission Requirements Related to Blockable Central Office Codes (P) 11 / Petition to Submeter Electricity and Waiver Request (P) Taxation and Finance, Department of 11 / Division of Taxation and Finance Powers of Attorney (A) 12 / Fuel Use Tax on Motor Fuel and Diesel Motor Fuel and the Art. 13-A Carrier Tax Jointly Administered Therewith (A) 12 / Fuel Use Tax on Motor Fuel and Diesel Motor Fuel and the Art. 13-A Carrier Tax Jointly Administered Therewith (P) Hearings Scheduled for Proposed Rule Makings / 13 Action Pending Index / 15

Advertisements for Bidders/Contractors 65 / Sealed Bids

Miscellaneous Notices/Hearings 67 / Notice of Abandoned Property Received by the State Comptroller 67 / Public Notice

Financial Reports / 71

RULE MAKING ACTIVITIES

Each rule making is identified by an I.D. No., which consists NOTICE OF ADOPTION of 13 characters. For example, the I.D. No. AAM-01-96- Jurisdictional Classification 00001-E indicates the following: I.D. No. CVS-20-16-00006-A AAM -the abbreviation to identify the adopting agency Filing No. 323 01 -the State Register issue number Filing Date: 2017-05-11 96 -the year Effective Date: 2017-05-31 00001 -the Department of State number, assigned upon PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- receipt of notice. cedure Act, NOTICE is hereby given of the following action: E -Emergency Rule Making—permanent action Action taken: Amendment of Appendix 2 of Title 4 NYCRR. not intended (This character could also be: A Statutory authority: Civil Service Law, section 6(1) Subject: Jurisdictional Classification. for Adoption; P for Proposed Rule Making; RP Purpose: To classify positions in the non-competitive class. for Revised Rule Making; EP for a combined Text or summary was published in the May 18, 2016 issue of the Register, Emergency and Proposed Rule Making; EA for I.D. No. CVS-20-16-00006-P. Final rule as compared with last published rule: No changes. an Emergency Rule Making that is permanent Text of rule and any required statements and analyses may be obtained and does not expire 90 days after filing.) from: Jennifer Paul, NYS Department of Civil Service, Empire State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598, email: Italics contained in text denote new material. Brackets [email protected] indicate material to be deleted. Assessment of Public Comment The agency received no public comment.

State Commission of Department of Civil Service Correction

NOTICE OF ADOPTION PROPOSED RULE MAKING Jurisdictional Classification NO HEARING(S) SCHEDULED I.D. No. CVS-20-16-00005-A Feminine Hygiene Products in Lockups Filing No. 322 I.D. No. CMC-22-17-00003-P Filing Date: 2017-05-11 Effective Date: 2017-05-31 PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedure Act, NOTICE is hereby given of the following proposed rule: PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Proposed Action: Renumbering of section 7506.1(g) to section 7506.1(h); cedure Act, NOTICE is hereby given of the following action: and addition of new section 7506.1(g) to Title 9 NYCRR. Statutory authority: Correction Law, section 45(6) and (15) Action taken: Amendment of Appendix 2 of Title 4 NYCRR. Subject: Feminine hygiene products in lockups. Statutory authority: Civil Service Law, section 6(1) Purpose: To ensure feminine hygiene products are available and acces- Subject: Jurisdictional Classification. sible to female prisoners detained in local lockups. Purpose: To delete positions from and classify positions in the non- Text of proposed rule: Subdivision (g) of section 7506.1 of Title 9 is re- competitive class. numbered subdivision (h), and a new subdivision (g) is added to read as follows: Text or summary was published in the May 18, 2016 issue of the Register, (g) In addition to the items listed in subdivision (f), tampons and I.D. No. CVS-20-16-00005-P. sanitary napkins shall be made available to all female prisoners at facility Final rule as compared with last published rule: No changes. expense. Facilities shall maintain a sufficient supply of tampons and Text of rule and any required statements and analyses may be obtained sanitary napkins, which shall be stored, dispensed and disposed of in a sanitary manner. from: Jennifer Paul, NYS Department of Civil Service, Empire State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598, email: Text of proposed rule and any required statements and analyses may be [email protected] obtained from: Deborah Slack-Bean, Senior Attorney, New York State Commission of Correction, Alfred E. Smith State Office Building, 80 S. Assessment of Public Comment Swan Street, 12th Floor, Albany, New York 12210, (518) 485-2346, email: The agency received no public comment. [email protected]

1 Rule Making Activities NYS Register/May 31, 2017

Data, views or arguments may be submitted to: Same as above. or local governments. The proposed rule seeks only to ensure that feminine Public comment will be received until: 45 days after publication of this hygiene products are available and accessible to female prisoners detained notice. in local lockups. Accordingly, it will not have an adverse impact on small Regulatory Impact Statement businesses or local governments, nor impose any additional significant 1.) Statutory authority: reporting, record keeping, or other compliance requirements on small Subdivision (6) of section 45 of the Correction Law authorizes the Com- businesses or local governments. mission to promulgate rules and regulations establishing minimum stan- Rural Area Flexibility Analysis dards for the care, custody, correction, treatment, supervision, discipline, A rural area flexibility analysis is not required pursuant to subdivision four and other correctional programs for all person confined in the correctional of section 202-bb of the State Administrative Procedure Act because the facilities of New York State. Subdivision (15) of section 45 of the Correc- rule does not impose an adverse impact on rural areas. The proposed rule tion Law allows the Commission to adopt, amend or rescind such rules and regulations as may be necessary or convenient to the performance of seeks only to ensure that feminine hygiene products are available and ac- its functions, powers and duties. cessible to female prisoners detained in local lockups. Accordingly, it will 2.) Legislative objectives: not impose an adverse economic impact on rural areas, nor impose any ad- By vesting the Commission with this rulemaking and oversight author- ditional significant record keeping, reporting, or other compliance require- ity, the Legislature intended the Commission to enact regulations that ments on private or public entities in rural areas. ensure prisoners of local correctional facilities are confined in a humane Job Impact Statement manner under sanitary conditions. A job impact statement is not required pursuant to subdivision two of sec- 3.) Needs and benefits: tion 201-a of the State Administrative Procedure Act because the rule will A recent media account detailed allegations of a female police lockup not have a substantial adverse impact on jobs and employment opportuni- detainee who was not provided feminine hygiene products following her ties, as apparent from its nature and purpose. The proposed rule seeks only request, likely because the police station did not maintain a supply. Upon a to ensure that feminine hygiene products are available and accessible to review of its regulations, the Commission noted that the provision of female prisoners detained in local lockups. As such, there will be no impact feminine hygiene products is required for county jails, Department of Cor- rections and Community Supervision (DOCCS) facilities and juvenile on jobs and employment opportunities. secure facilities operated by the Office of Children and Family Services (OCFS), but no such obligation is contained in the regulations for police lockups. A review of annual reports to the Commission reveals that the popula- Department of Environmental tion of female detainees in police lockups is relatively small, totaling ap- proximately 87,000 in 2016. Approximately 55,000 of those detentions Conservation occurred in lockups of the New York City Police Department, who confirmed that present policy requires feminine hygiene products be made available to female detainees at facility expense. While the Commission is EMERGENCY/PROPOSED confident that the majority of police lockups outside of New York City have a similar policy or practice, it is likely that female detention is so RULE MAKING infrequent in smaller facilities that authorities are unprepared when the NO HEARING(S) SCHEDULED need for feminine hygiene products arises. By instituting this regulation, the Commission will assure that the necessary hygiene needs of female Regulations Governing the Recreational Harvest of Summer detainees are met, while also providing police lockup officials notice to Flounder prepare for such needs beforehand. 4.) Costs: I.D. No. ENV-22-17-00001-EP a. Costs to regulated parties for the implementation of and continuing Filing No. 321 compliance with the rule: Minimal. As stated above, female detainees of the New York City Police Department are presently provided female Filing Date: 2017-05-10 hygiene products per policy. Outside of New York City, there are ap- Effective Date: 2017-05-10 proximately 280 lockups that annually detain the remaining 32,000 female arrestees. Conservatively estimating a need by a quarter of the population, PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- at twenty cents ($0.20) per product, the average annual cost per lockup cedure Act, NOTICE is hereby given of the following action: would approximate $5.71. b. Costs to the agency, the state and local governments for the implemen- Proposed Action: Amendment of Part 40 of Title 6 NYCRR. tation and continuation of the rule: None. The regulation does not apply to Statutory authority: Environmental Conservation Law, sections 3-0301, state agencies or governmental bodies. As set forth above in subdivision 13-0105 and 13-0340-b (a), any additional costs to local governments would be minimal. Finding of necessity for emergency rule: Preservation of general welfare. c. This statement detailing the projected costs of the rule is based upon Specific reasons underlying the finding of necessity: This rulemaking is the Commission’s oversight and experience relative to the operation and necessary for New York to remain in compliance with the Atlantic States function of a local correctional facility. Marine Fisheries Commission’s (ASMFC) approved option in Addendum 5.) Local government mandates: XXVII to the Summer Flounder Fishery Management Plan (FMP). The The regulation imposes a duty on police lockups to provide feminine National Marine Fisheries Service (NMFS) has set the 2017 coast-wide hygiene products to detainees at facility expense, as well as store, dispense recreational harvest limit (RHL) for summer flounder thirty percent lower and dispose of such products in a sanitary manner. than it was in 2016 in response to declining stock biomass. This rulemak- 6.) Paperwork: ing will make New York State’s recreational regulations for summer None. flounder more restrictive to reduce harvest in response to the decrease in 7.) Duplication: RHL. The rule does not duplicate any existing State or Federal requirement. New York State marine recreational anglers had an opportunity to com- 8.) Alternatives: ment upon Addendum XXVII, including the measures proposed in this The alternative, not requiring the provision of feminine hygiene rulemaking, during the ASMFC’s public comment period from December products to lockup detainees, was dismissed by the Commission as incon- 22, 2016 through January 19, 2017. New York’s anglers also had the op- sistent with its statutory mandate to ensure prisoners of local correctional portunity to attend a public hearing on the Addendum at the DEC’s Divi- facilities are confined in a humane manner under sanitary conditions. sion of Marine Resources office in East Setauket on January 9, 2017. 9.) Federal standards: While some anglers questioned the need to reduce harvest at all, support There are no applicable minimum standards of the federal government. was overwhelmingly in favor of the measures included in this rule making 10.) Compliance schedule: when compared to alternative reduction options. The reduction measures Each local correctional facility is expected to be able to achieve compli- included in this rulemaking are: ance with the proposed rule immediately upon its Notice of Adoption. D 19.0” minimum size (increase of 1 inch from current 18.0” size limit) Regulatory Flexibility Analysis D 3 fish possession limit (reduced from current 5 fish possession limit) A regulatory flexibility analysis is not required pursuant to subdivision D Open season (May 17-September 21) remains unchanged. three of section 202-b of the State Administrative Procedure Act because DEC is adopting these changes by emergency rulemaking in order to the rule does not impose an adverse economic impact on small businesses protect the general welfare. The regulations currently in place for

2 NYS Register/May 31, 2017 Rule Making Activities recreational harvest of summer flounder were developed for prior fishing 4. Costs: years, and are not restrictive enough for the current fishing year. Current There are no new costs to state and local governments from this action. summer flounder regulations do not satisfy the latest reduction mandated The Department will incur limited costs associated with both the imple- by the ASMFC, and leaving them unchanged would likely result in the mentation and administration of these rules, including the costs relating to over-harvest of summer flounder by New York anglers. Falling out of notifying recreational harvesters, party and charter boat operators and compliance with the ASMFC requirements could result in federal sanc- other recreational fishing associated businesses of the new rules. tions and closure of the summer flounder fishery. 5. Local government mandates: The normal rulemaking process would not be completed in time to have The emergency rule does not impose any mandates on local government. these changes in place for the season opening on May 17. Emergency 6. Paperwork: rulemaking is necessary to have these provisions in place by May 17 in or- None. der to avoid over-harvest of summer flounder by New York anglers. 7. Duplication: The amendment does not duplicate any state or federal requirement. Subject: Regulations governing the recreational harvest of summer 8. Alternatives: flounder. New York State marine recreational anglers had an opportunity to com- Purpose: To revise regulations concerning the recreational harvest of sum- ment upon the ASMFC Addendum XXVII draft, including the measures mer flounder in New York State. proposed in this rulemaking, during the ASMFC’s public comment period Text of emergency/proposed rule: Existing subdivision 40.1(f) of 6 from December 22, 2016 through January 19, 2017. New York’s anglers NYCRR is amended to read as follows: also had the opportunity to attend a public hearing on the Addendum at the Species Striped bass through Atlantic cod remain the same. Species Division of Marine Resources office in East Setauket on January 9, 2017. Summer flounder is amended to read as follows: While some anglers questioned the need to reduce harvest at all, support 40.1(f) Table A – Recreational Fishing. was overwhelmingly in favor of the measures included in this rule making when compared to alternative reduction options. Species Open Season Minimum Possession “No action” alternative: If New York were to not adopt regulations that Length Limit reduced recreational summer flounder harvest in 2017, the State would be out of compliance with ASMFC and NMFS requirements and subject to Summer May 17 – Sept [18] 19” TL [5] 3 federal sanctions. flounder 21 9. Federal standards: The amendments to Part 40 in this rulemaking are in compliance with Species Yellowtail flounder through Oyster toadfish remain the same. the ASMFC and the Mid-Atlantic Fishery Management Council fishery This notice is intended: to serve as both a notice of emergency adoption management plan for summer flounder. and a notice of proposed rule making. The emergency rule will expire 10. Compliance schedule: August 7, 2017. These regulations are being adopted by emergency rulemaking and Text of rule and any required statements and analyses may be obtained therefore will take effect immediately upon filing with Department of from: John Maniscalco, New York State Department of Environmental State. Regulated parties must comply immediately and will be notified of Conservation, 205 North Belle Mead Rd., Suite 1, East Setauket, NY the changes to the regulations through appropriate news releases, by mail, 11733, (631) 444-0437, email: [email protected] and through DEC’s website. Data, views or arguments may be submitted to: Same as above. Regulatory Flexibility Analysis 1. Effect of rule: Public comment will be received until: 45 days after publication of this The proposed amendment will implement more restrictive fishing rules notice. for New York recreational anglers targeting summer flounder. The Additional matter required by statute: The proposed rulemaking action is proposed rule will adopt the following provisions: increase the minimum subject to SEQR as an Unlisted action and a Short EAF was completed. size by 1 inch, from 18 to 19 inches, and reduce the possession limit from The Department has determined that an EIS need not be prepared and has 5 fish to 3 fish; for the entire season. The open season of May 17 through issued a negative declaration. The EAF and negative declaration are avail- September 21 (128 days) will remain unchanged. able upon request. The emergency adoption of this regulation is Type II. The proposed rule is more restrictive than last year’s regulations. In Regulatory Impact Statement 2016, there were 492 licensed party and charter businesses in New York 1. Statutory authority: State. There were also a number of retail and wholesale marine bait and Environmental Conservation Law (ECL) sections 3-0301, 13-0105, and tackle shop businesses operating in New York. The 1-inch increase in size 13-0340-b authorize the Department of Environmental Conservation limit and 2-fish decrease in possession limit throughout the season may (DEC or the department) to establish by regulation the open season, size, decrease angler interest in targeting summer flounder and may impact catch limits, possession and sale restrictions and manner of taking for businesses dependent upon these trips. The new size limit will not impact summer flounder. all anglers in the same manner; those fishing from shore and within the 2. Legislative objectives: bays may have more difficulty encountering legal sized fish, especially It is the objective of the above-cited legislation that DEC manages later in the season. marine fisheries to optimize resource use for commercial and recreational 2. Compliance requirements: harvesters in a manner that is consistent with marine fisheries conserva- None. tion and management policies and interstate fishery management plans. 3. Professional services: 3. Needs and benefits: None. This rulemaking is necessary for New York to remain in compliance 4. Compliance costs: with the Atlantic States Marine Fisheries Commission’s (ASMFC) ap- There are no initial capital costs that will be incurred by a regulated proved option in Addendum XXVII to the Summer Flounder Fishery business or industry that complies with the emergency rule. Management Plan (FMP). The National Marine Fisheries Service (NMFS) 5. Economic and technological feasibility: has set the 2017 coast-wide recreational harvest limit (RHL) for summer The emergency regulations do not require any expenditure on the part flounder thirty percent lower than it was in 2016 in response to declining of affected businesses in order to comply with the changes. The emer- stock biomass. This rulemaking will make New York State’s recreational gency regulations may decrease the income of party and charter busi- regulations for summer flounder more restrictive to reduce harvest in re- nesses, marinas and marine bait and tackle shops that depend heavily upon sponse to the decrease in RHL. the recreational summer flounder fishery, especially in areas where larger DEC is adopting these changes by emergency rulemaking in order to fish are less available. protect the general welfare. The regulations currently in place for 6. Minimizing adverse impact: recreational harvest of summer flounder were developed for prior fishing The promulgation of this regulation is necessary for DEC to reduce years, and are not restrictive enough for the current fishing year. Current recreational summer flounder harvest in order to maintain compliance summer flounder regulations do not satisfy the latest reduction mandated with the Atlantic States Marine Fisheries Commission (ASMFC) while by the ASMFC, and leaving them unchanged would likely result in the providing New York’s anglers with appropriate and equitable access to over-harvest of summer flounder by New York anglers. Falling out of this popular recreational fishery. These proposed amendments are consis- compliance with the ASMFC requirements could result in federal sanc- tent with the required harvest reduction, and DEC anticipates that New tions and closure of the summer flounder fishery. York State will therefore remain in compliance with ASMFC and federal The normal rulemaking process would not be completed in time to have requirements. these changes in place for the season opening on May 17. Emergency Ultimately, the maintenance of long-term sustainable fisheries will have rulemaking is necessary to have these provisions in place by May 17 in or- a positive effect on employment for the fisheries in question, including der to avoid over-harvest of summer flounder by New York anglers. party and charter boat fisheries as well as wholesale and retail bait and

3 Rule Making Activities NYS Register/May 31, 2017 tackle shops and other support industries for recreational fisheries. Failure a positive effect on employment for the fisheries in question, including to comply and take required actions to protect our natural resources could party and charter boat fisheries as well as wholesale and retail bait and cause the collapse of a stock and have a severe, adverse impact on the tackle shops and other support industries for recreational fisheries. commercial and recreational fisheries for that species as well as the sup- 5. Self-employment opportunities: porting industries for those fisheries. The party and charter boat businesses, the bait and tackle shops, and 7. Small business and local government participation: marinas are, for the most part, small businesses, owned and often operated New York State marine recreational anglers and associated businesses by a single owner. The recreational fishing industry is mostly self- had an opportunity to comment upon Addendum XXVII, including the employed. This rule will likely have a negative effect upon opportunities measures proposed in this rulemaking, during the ASMFC’s public com- for businesses related to the recreational harvest of summer flounder. ment period from December 22, 2016 through January 19, 2017. New However, failing to adopt this rulemaking and comply with ASMFC York’s anglers also had the opportunity to attend a public hearing on the requirements could lead to federal closure of New York’s summer flounder Addendum at the Division of Marine Resources office in East Setauket on fishery. January 9, 2017. While some anglers questioned the need to reduce harvest 6. Initial review of the rule, pursuant to the State Administrative Proce- at all, support was overwhelmingly in favor of the measures included in dure Act § 207 (SAPA): this rule making when compared to alternative reduction options. The Department will conduct an initial review of the rule within three 8. Cure period or other opportunity for ameliorative action: years as required by SAPA § 207(b). Pursuant to the State Administrative Procedure Act § 202-b(1-a)(b) (SAPA), a cure period is not included in the rule because of the potential adverse impact on the resource. Cure periods for the illegal taking of fish or wildlife are neither desirable nor recommended. Immediate compliance Department of Financial Services is required to ensure that the general welfare of the public and the resource are both protected. 9. Initial review of rule: NOTICE OF ADOPTION The Department will conduct an initial review of the rule within three years as required by SAPA § 207(1)(b). Minimum Standards for the Form and Rating of Family Leave Rural Area Flexibility Analysis Benefits Coverage, Including the Establishment and Operation of The Department of Environmental Conservation has determined that this rule will not impose an adverse impact on rural areas. There are no rural a Risk areas within the marine and coastal district. The summer flounder fishery I.D. No. DFS-08-17-00009-A directly affected by the proposed rule is entirely located within the marine Filing No. 326 and coastal district and is not located adjacent to any rural areas of the Filing Date: state. Further, the proposed rule does not impose any reporting, record- 2017-05-16 keeping, or other compliance requirements on public or private entities in Effective Date: 2017-05-31 rural areas. Since no rural areas will be affected by the proposed amend- ments of 6 NYCRR Part 40, a Rural Area Flexibility Analysis is not PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- required. cedure Act, NOTICE is hereby given of the following action: Job Impact Statement Action taken: Addition of Part 363 (Regulation 211) to Title 11 NYCRR. 1. Nature of impact: Statutory authority: Financial Services Law, sections 202 and 302; Insur- The proposed amendment will implement more restrictive fishing rules ance Law, sections 301, 3201, 3217, 3221 and 4235; Workers’ Compensa- for New York recreational anglers targeting summer flounder. The tion Law, sections 204(2)(a), 208(2) and 209(3)(b) proposed rule will adopt the following provisions: increase the minimum size by 1 inch, from 18 to 19 inches, and reduce the possession limit from Subject: Minimum Standards for the Form and Rating of Family Leave 5 fish to 3 fish; for the entire season. The open season of May 17 through Benefits Coverage, Including the Establishment and Operation of a Risk. September 21 (128 days) will remain unchanged. Purpose: Implement statutory mandates for family leave benefits cover- 2. Categories and numbers affected: age set forth in Insurance Law, section 4235(n) and Workers’ Compensa- In 2016, there were 492 licensed party and charter businesses in New tion Law, sections 204(2)(a), 208(2) and 209(3)(b). York State. There were also a number of marinas, retail and wholesale Substance of final rule: As enacted by Part SS of Chapter 54 of the Laws marine bait and tackle shop businesses operating in New York. According of 2016, Insurance Law Section 4235(n)(1) requires the Superintendent of to the American Sportfishing Association, in 2011 New York had an Financial Services (“Superintendent”), in consultation with the Chair of estimated 800,811 marine recreational anglers that spent $1,194,493,042 the Workers’ Compensation Board (“Chair”), to determine by regulation on saltwater fishing, generating $144,539,079 in state and local tax whether family leave benefits coverage issued pursuant to Workers’ revenue. Compensation Law Article 9 will be experience rated or community rated. 3. Regions of adverse impact: Pursuant to Insurance Law Section 4235(n)(1), if the determination is The proposed regulation is more restrictive than last year’s regulations made to community rate such coverage, then the regulation may include and will likely impact recreational fishing anglers and associated busi- subjecting the family leave benefits coverage to a risk adjustment nesses throughout most of New York’s Marine and Coastal District. The mechanism. Insurance Law Section 4235(n)(1) also authorizes the Super- 1-inch increase in size limit and 2-fish decrease in possession limit intendent to establish the rates and Workers’ Compensation Law Section throughout the season may decrease angler interest in targeting summer 209(3)(b) authorizes the Superintendent to set the maximum employee flounder and may impact businesses dependent upon these trips through contribution applicable to family leave benefits coverage. lesser sales of bait, tackle, gas, dockage and for-hire fares. The new size New Part 363 (Insurance Regulation 211) establishes that family leave limit will not impact all anglers in the same manner; those fishing from benefits coverage must be community rated and may be subject to a risk shore and within the bays may have more difficulty encountering legal adjustment mechanism. The regulation also establishes the procedures for sized fish, especially later in the season. establishing the community rate, a risk adjustment mechanism, the rules 4. Minimizing adverse impact: relating to the content and sale of policy forms for family leave benefits The promulgation of this regulation is necessary for DEC to reduce coverage, the maximum employee contribution, and data collection. recreational summer flounder harvest in order to maintain compliance The regulation consists of ten sections addressing the regulation of fam- with the Atlantic States Marine Fisheries Commission and avoid federal ily leave benefits coverage. sanctions. Section 363.1 is the preamble of the regulation, which sets forth the New York State marine recreational anglers and associated businesses Superintendent’s authority for the regulation and summarizes the content had an opportunity to comment upon Addendum XXVII, including the of the regulation. measures proposed in this rulemaking, during the ASMFC’s public com- Section 363.2 is the applicability section, which describes that the ment period from December 22, 2016 through January 19, 2017. New regulation is applicable to issuers providing family leave benefits cover- York’s anglers also had the opportunity to attend a public hearing on the age to employers pursuant to Workers’ Compensation Law Section 211 for Addendum at the Division of Marine Resources office in East Setauket on their employees. The requirements apply to issuers, which includes autho- January 9, 2017. While some anglers questioned the need to reduce harvest rized insurers that write family leave benefits coverage and the State In- at all, support was overwhelmingly in favor of the measures included in surance Fund. Certain reporting requirements and the maximum employee this rule making when compared to alternative reduction options which contribution provision also apply to self-funded employers. would have been even more restrictive. Section 363.3 adds the definitions used within the regulation. Ultimately, the maintenance of long-term sustainable fisheries will have Section 363.4 sets forth that family leave benefits coverage will be com-

4 NYS Register/May 31, 2017 Rule Making Activities munity rated and provides the procedures for establishing rates. The Su- Revised Rural Area Flexibility Analysis perintendent sets the community rate as a defined dollar amount per em- The changes made to the regulation did not impact the Rural Area Flex- ployee or as a percentage of an employee’s weekly wage or the ibility Analysis filed with the Notice of Proposed Rule Making. Superintendent may utilize one of the three classification methodologies specified in the section. Pursuant to the regulation, the community rate for Revised Job Impact Statement premiums shall also be the maximum employee contribution. The changes made to the regulation did not impact the Job Impact State- In establishing the community rate for premiums, the Superintendent ment filed with the Notice of Proposed Rule Making. will apply commonly accepted actuarial principles to establish rates for Initial Review of Rule family leave benefits coverage that are not excessive, inadequate or unfairly discriminatory. The Superintendent may use data collected from As a rule that requires a RFA, RAFA or JIS, this rule will be initially the previous calendar year from issuers and self-funded employers to es- reviewed in the calendar year 2020, which is no later than the 3rd year af- tablish the community rate. ter the year in which this rule is being adopted. Every issuer must file and maintain a current rate manual that includes Assessment of Public Comment specific information for a group accident and health insurance policy Community Rating – Section 363.4 providing family leave benefits. The rate manual pages for family leave Comment benefits must be separately maintained from all other types of insurance. Commenters expressed support for community rating of family leave Section 363.5 contains the risk adjustment mechanism, which is not ap- coverage and further supported premium differentiation based on income. plicable to self-funded employers. Risk adjustment will be applied for calendar year 2018 and the Superintendent will determine, in consultation Commenters requested that the Department clarify that an employee’s with the Chair, if risk adjustment will apply in each subsequent year. Every deduction is only for the actual cost of the premium. issuer is required to participate in the risk adjustment mechanism, although Response the Superintendent has the discretion to exempt the State Insurance Fund The regulation defines maximum employee contribution as the maxi- if the Superintendent finds that such exemption facilitates a fair and ef- mum amount a covered employer is authorized to collect from each of its ficient market for family leave benefits coverage. The risk adjustment employees to fund the family leave benefits. The regulation further sets mechanism will be applied by the Superintendent to equalize the per the community rate for premiums as the maximum employee contribution. member per month claim amounts among issuers by group size in order to The Department has determined that no clarification is necessary. protect issuers from disproportionate adverse risks in accordance with In- Comment surance Law Section 4235(n)(3). Comments were received regarding the rate setting methods available If the Superintendent determines that risk adjustment is appropriate, to the Superintendent. Some commenters requested that the Department then the Superintendent may employ the risk adjustment mechanism speci- adopt a single rating methodology and others expressed preference for a fied in the section. The risk adjustment mechanism targets a defined loss particular rating methodology, i.e., a percent of wages, uniform dollar ratio per group size and equalizes the risk to that target loss ratio. A speci- amount per employee per week. fied initial target loss ratio is applied to each of the group sizes and each Response group size pays into or collects from the risk adjustment pool. The group The Department’s determination that family leave benefits coverage sizes are: small group with one to 49 employees, medium group with 50 to 499 employees, and large group with 500 or more employees. The Super- shall be community rated ensures that employees are similarly treated; all intendent may audit the issuer calculations each calendar year. If the Su- employees are charged a rate based upon the same principles and are not perintendent finds that adjustments are necessary to correct any errors, subject to premium variations based upon age, gender, occupation, health then the corrections will be made to the issuer’s risk adjustment payment status, geographic location or any other demographic factor. The Depart- or distribution in the following calendar year. ment rejected an experience rating method. To ensure that the Superinten- Section 363.6 contains the rules relating to the content and sale of policy dent has discretion to make necessary changes to the rating methodology forms for family leave benefits coverage, including notification to the Su- as the family leave program benefits are phased in over the next four years, perintendent when an issuer elects to discontinue the sale of disability and the existing structure of the proposed regulation was not changed. family leave benefits coverage. Comment Section 363.7 provides that the Superintendent will set the maximum One commenter sought clarification as to whether the premium may employee contribution on or before June 1, 2017 and annually thereafter vary by group size and whether the Superintendent will select one rating on or before September 1 in accordance with Workers’ Compensation Law methodology for all group sizes in any given year. Section 209(3)(b). Response Section 363.8 requires data submissions. Issuers and self-funded The community rate is applicable to all group sizes in any given year. employers must electronically submit data to the Superintendent for each Comment employer and each self-funded employer, details for each family leave One commenter requested that the phrase “up to and including” be benefits coverage claim, and any other data requested by the Superinten- dent on a quarterly basis. Issuers must also report to the Superintendent on added to the rating methodologies in Section 363.4(a)(3). a quarterly basis the data necessary to administer and monitor the risk Response adjustment program including earned premiums and incurred claim data No changes were made because the existing language is clear. by group size. An officer of the issuer or self-funded employer must sign Comment the data submissions, attesting to the best of his or her knowledge and One commenter sought clarification regarding calculation of group size belief that the information provided is accurate. for farm employees. Section 363.9 allows for an exemption from the electronic filing and Response submission requirements for issuers and self-funded employers that Farm laborers are exempt from family leave benefits coverage under provide a written request to the Superintendent. Workers’ Compensation Law Section 201(6), and all non-exempt employ- Section 363.10 sets forth the authority for the Superintendent to ensure ees are counted in calculating group size. As the existing language is clear, compliance with the regulation. no changes were made. Final rule as compared with last published rule: Nonsubstantive changes Comment were made in sections 363.3, 363.4, 363.5, 363.6 and 363.8. One commenter noted that the proposed regulation referenced Septem- Text of rule and any required statements and analyses may be obtained ber 1 instead of October 1 as the start of the fourth quarter. from: Laura Evangelista, NYS Department of Financial Services, One Response State Street, New York, NY 10004, (212) 480-4738, email: This typographical error was corrected in Section 363.4(a)(4)(i). [email protected] Rate Submission – Proposed Section 363.4(c) Comment Summary of Revised Regulatory Impact Statement One commenter suggested that the submission of a rate manual is un- Paragraphs 1 – 9 are not changed from the Regulatory Impact State- necessary because the Superintendent sets the premium rate. Two com- ment filed with the Notice of Proposed Rule Making. Paragraph 10 has menters sought clarification whether the rate manual and schedule of ex- been amended as follows: penses as a percentage of premiums, including administrative expenses, 10. Compliance schedule: The regulation will take effect upon publica- commissions, taxes, fees, and expected profit, are required only in the tion of the Notice of Adoption in the State Register. However, since the context of a policy offering enhanced benefits. family leave benefits program will not begin until the 2018 policy year, is- Response suers and self-funded employers will have more than 30 days to come into Pursuant to Insurance Regulation 62 (11 NYCRR 52), all insurance compliance with the regulation. companies are required to maintain a rate manual that includes informa- Revised Regulatory Flexibility Analysis tion on all of the company’s accident and health insurance offerings, The changes made to the regulation did not impact the Regulatory Flex- including disability benefits and family leave benefits coverage. Consis- ibility Analysis for Small Businesses and Local Governments filed with tent with this rule, the proposed regulation requires that separate rate man- the Notice of Proposed Rule Making. ual pages for family leave benefits be submitted as part of the rate manual,

5 Rule Making Activities NYS Register/May 31, 2017 whether or not the policy includes enhanced benefits. The proposed regula- One commenter expressed a concern that a 1% compound interest per tion clearly indicates when a required rate manual provision only applies month for insurers whose conduct causes them to underpay or be overpaid to additional or enhanced benefits. The Department has determined that no during the risk adjustment process is too high. changes to the proposed regulation are necessary. Response Comment The 1% interest applies only to an issuer whose conduct caused it to One commenter sought clarification as to whether insurance companies underpay or caused it to be overpaid. The 1% rate is appropriate and con- can charge an additional premium for enhanced benefits and, if so, who sistent with the interest rate applied in the market stabilization mechanism determines the rate to be charged for the enhanced benefit. established under Insurance Regulation 146 (11 NYCRR 361). Response Comment Insurance companies may charge an additional premium for enhanced One commenter inquired whether there will be any relief for insurers benefits. Such an additional premium for enhanced benefits is subject to where actual experience is much higher than the target loss ratios. the approval of the Superintendent. A clarification was made to Section Response 363.4(c)(4) to specify that an actuarial memorandum must be included in The risk adjustment mechanism set forth in the proposed regulation has a rate filing to justify the proposed rate. been established to provide the relief the commenter seeks in order to Comment equalize loss ratios across market segments so that no one insurer bears One commenter expressed concerns over broker commissions for fam- the risk of significantly higher experience in any one year. An insurer with ily leave benefits coverage. The commenter sought clarification as to higher experience compared to the market may be eligible for a distribu- whether the commission scale applicable to statutory disability benefits tion from the risk adjustment pool to mitigate its losses. also applies to family leave benefits coverage. The commenter also sug- Comment gested that commissions on family leave benefits be treated as “file and One commenter raised concerns about potential conflicts of interest use.” with any third party vendor employed to administer the risk adjustment Response mechanism. The proposed regulation requires separate rate manual pages for family Response leave benefits coverage that include the schedule of expenses as a percent- The State procurement process will screen bidders for any potential age of premium, including administrative expenses, commissions, taxes, conflict of interest. fees and expected profit. Family leave benefits are accident and health in- Data Collection – Section 363.8 surance benefits and thus its commission filings shall be treated consistent Comment with commission filings for other types of accident and health insurance. Two commenters suggested that the monthly reporting requirements for Accordingly, no changes were made. insurers should be shifted to a quarterly requirement for consistency with Comment other reporting requirements within the proposed regulation. An additional One commenter asked whether the rate for family leave benefits cover- commenter suggested moving the reporting requirements for self-funded age must be shown separately in the rate manual or may be combined with employers from quarterly to annual reporting. the rates for statutory disability coverage. Response Response The Department revised the regulation to replace the monthly reporting As the proposed regulation makes clear, the rate manual must include with quarterly reporting, and has maintained the reporting requirements pages for family leave benefits coverage that are separate from the pages for self-funded employers, for consistency in administration. for statutory disability benefits. Comment Comment Some commenters suggested that zip codes should be used instead of One commenter asked whether the rate manual pages need to be updated county designations to conform to existing insurer data systems. annually. Response Response The Department has determined that this requested change will assist In order to remain in compliance with Section 363.4(c), rate manual issuers in adapting their information technology systems for family leave pages must be current. The Department anticipates that changes in the benefits coverage, without any adverse impact on the information require- statutory benefit level and duration, which are based on the calendar year, ments of the Department. As such, the Department has adopted the will necessitate annual updates to the rate manual pages. requested change. Risk Adjustment – Section 363.5 Comment Comment Two commenters suggested insurers have access to the data collected Some commenters suggested that the proposed regulation’s option of by the Department from all other insurers, including the loss ratios two possible risk adjustment mechanisms may lead to uncertainty in the calculated by group size. market and market disruption. Some commenters suggested that the Response Department should retain the mechanism that provides for target loss ratios The Department believes that requiring the release of family leave and delete other methodologies. One commenter suggested this would benefits coverage information by regulation could have unforeseen conse- ensure that claims will be shifted fairly across case or group size seg- quences on the market. As such, the Department will continue to exercise ments, which would encourage insurance companies to participate in the its discretion and will release such information as is necessary in a manner family leave benefits market. that protects the proprietary information of individual insurers and guards Response the market against adverse consequences. The Department has determined The Department has determined that retaining the mechanism that that no change is necessary for this purpose. utilizes target loss ratios based on case size segments of the market ac- Comment complishes the Department’s purpose while providing more clarity on Three commenters requested clarification on the electronic data collec- how that mechanism will function. tion requirements. Comment Response Two commenters suggested that the New York State Insurance Fund The Department will be issuing specific guidance and instructions on (SIF) should not be exempt from the risk adjustment mechanism. One the data submission requirements, consistent with the requirements of the commenter further suggested that exempting self-funded plans from the proposed regulation. risk adjustment is inconsistent with the use of self-funded plan experience Policy Forms – Section 363.6 in setting the rate. Comment Response One commenter noted that public employers who voluntarily provide The proposed regulation does not automatically exempt SIF but rather statutory disability insurance coverage pursuant to Workers’ Compensa- provides that the Superintendent shall have the discretion to exempt SIF tion Law Section 212(2) are not required to provide family leave benefits from the risk adjustment mechanism if the Superintendent finds that such coverage and requested that the regulations clearly reflect the optional exemption facilitates a fair and efficient market for family leave benefits nature of this coverage. coverage. The Department has determined that the ability to exempt SIF Response from the mechanism is necessary for an effective risk adjustment For consistency with Workers’ Compensation Law Section 212(2), a mechanism. clarification was made in the rulemaking to address this issue. There is no inconsistency in excluding self-funded employers from the Comment risk adjustment mechanism while using their experience to set the One commenter suggested that a surcharge option for late entrants will premium rate. The risk adjustment mechanism is designed to evenly spread raise adverse selection concerns. the risk across the pool of issuers of family leave benefits to ensure market Response stability. To minimize the potential adverse selection consequences of the Comment proposed rule, the regulation has been modified to eliminate the option

6 NYS Register/May 31, 2017 Rule Making Activities whether to apply a surcharge or a waiting period to the late entrants. The Clause (c) of subparagraph (i) of paragraph (2) of subdivision (c) of final rulemaking retains the two year waiting period for late entrants. section 710.1 is amended to read as follows: Comment (c) any proposal involving total project cost in excess of A number of changes were suggested surrounding the market with- $30,000,000 for a general hospital or $15,000,000 for all other facilities, drawal provisions contained in the proposed regulation. Two commenters except as otherwise provided under paragraph (3) of this subdivision; suggested that the notification period for insurers who seek to withdraw Clause (a) of subparagraph (ii) of paragraph (2) of subdivision (c) of from the family leave benefits market be shortened. One commenter sug- section 710.1 is amended to read as follows: gested that, for 2018, the notification to the Superintendent of an insurance (a) The addition of equipment utilized in the provision of company’s intention to exit the market be modified to allow insurers at Cardiac Catheterization Laboratory Center services shall be eligible for least 60 days from the release of the community rate to provide the limited review pursuant to paragraph ([7]6) of this subdivision, to the required withdrawal notice. The same commenter suggested that notifica- extent that it does not otherwise require an administrative or a full review tions of discontinuance required by the proposed regulation should only under this Part; be sent to the employer and not to each employee covered under the policy. The opening paragraph of subparagraph (i) of paragraph (3) of subdivi- Response sion (c) of section 710.1 is amended to read as follows: The Department has made three changes to the proposed regulation in (i) [Except as otherwise stated in this paragraph, the]The commis- response to these comments. The final rulemaking reflects a 90 day sioner may administratively approve applications submitted pursuant to timeframe for notification of withdrawal, shortened from 180 days. The Article 28 of the Public Health Law and this Part [but] without the recom- Department has also expanded for 2018 the timeframe in which an insurer mendation of the [State Hospital Review]Public Health and Health Plan- may provide notice of an intent to exit the market to 60 days from the ning Council[,] when an application has not been recommended for [ap- release of the rate decision. Finally, consistent with existing statutory dis- proval]disapproval by the health systems agency having jurisdiction, and ability insurance policies, the Department clarified that notices of discon- where the total project cost does not exceed $30,000,000 for a general tinuance only need to be sent to employers, but must include a notice to hospital or $15,000,000 for all other facilities. An application shall be employees which is to be distributed by the employer. eligible for administrative review even though total project costs exceed $30,000,000 for a general hospital or $15,000,000 for all other facilities, if: (a) total project costs do not exceed 10% of the total operating costs of the facility for the fiscal year ended two years prior to the submission of the application; and (b) total project costs do not exceed Department of Health [$50,000,000;]$100,000,000 for a general hospital [as defined in section 2801 of the Public Health Law ]or $25,000,000 for all other facilities. Notwithstanding anything in this Part to the contrary, any cost increase of PROPOSED RULE MAKING a project in excess of $30,000,000 for general hospitals or $15,000,000 NO HEARING(S) SCHEDULED for all other facilities that is administratively reviewed under the subparagraph, resulting in total project costs in excess of the [$50,000,000]$100,000,000 for general hospitals or $25,000,000 for all Updating Certificate of Need Thresholds other facilities, or in excess of 10% of the total operating costs of the facil- I.D. No. HLT-22-17-00009-P ity for the fiscal year ended two years prior to the submission of the ap- plication, shall subject the application to full review. The following types of proposals are eligible for administrative review: PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- *** cedure Act, NOTICE is hereby given of the following proposed rule: Clause (f) of subparagraph (i) of paragraph (3) of subdivision (c) of sec- Proposed Action: Amendment of section 710.1 of Title 10 NYCRR. tion 710.1 is amended to read as follows: Statutory authority: Public Health Law, section 2803(2)(a) (f) [in] the addition, updating or modification of equipment utilized in the provision of a service listed in paragraph (2) of this subdivi- Subject: Updating Certificate of Need Thresholds. sion, by a medical facility already approved to provide such service, except Purpose: To update Certificate of Need review thresholds. for the addition of equipment utilized in cardiac catheterization laboratory Text of proposed rule: Paragraph (3) of subdivision (b) of section 710.1 is center services by a facility already approved to provide such service, amended to read as follows: which shall be subject to limited review pursuant to paragraph ([7]6) of (3) [Reserved.] For purposes of this Part, “general hospital” means this subdivision; a general hospital as defined in subdivision 10 of section 2801 of the pub- Clause (q) of subparagraph (i) of paragraph (3) of subdivision (c) of lic health law. section 710.1 is amended to read as follows: Subparagraph (iii) of paragraph (1) of subdivision (c) of section 710.1 (q) [any proposal that relates to health information technology, is amended to read as follows: provided that proposals with a total cost of up to $15 million may be (iii) the initial acquisition or addition of any equipment, regardless reviewed under paragraph (5) of this subdivision]Reserved; of cost, utilized in the provision of a service listed in paragraph (2) of this Subclause (7) of clause (w) of subparagraph (i) of paragraph (3) of subdivision, other than the acquisition or addition of equipment subject to subdivision (c) of section 710.1 is amended to read as follows: paragraph ([7]6) of this subdivision. A proposal for the replacement of (7) neither the facility nor any part thereof, nor the project is existing equipment, regardless of cost, which meets the criteria contained currently or is proposed to be financed by bonds or other debt instruments therein, shall not require an application but shall be processed pursuant to insured, enhanced or guaranteed by any state or municipal agency or pub- [subparagraph]paragraph (4)[(iii)]of this subdivision; lic benefit corporation. Notwithstanding anything in this Part to the con- Subparagraph (vi) of paragraph (1) of subdivision (c) of section 710.1 trary, any cost increase of a primary care services project resulting in total is amended to read as follows: project costs in excess of the $30,000,000 threshold for general hospitals (vi) any other construction, addition or replacement proposal or the $15,000,000 threshold for all other facilities shall subject the ap- involving a total project cost in excess of $15,000,000 for a general plication or amendment, as the case may be, to full review. hospital or $6,000,000 for all other facilities, except non-clinical and Clause (e) of subparagraph (i) of paragraph (4) of subdivision (c) of health information technology projects subject to paragraph [5](4) of this section 710.1 is amended to read as follows: subdivision. (e) Subject to clause (d) of subparagraph (ii) of paragraph (5) of Subclause (3) of clause (b) of subparagraph (i) of paragraph (2) of this subdivision, any proposal for a nonclinical infrastructure project with subdivision (c) of section 710.1 is amended to read as follows: total project costs in excess of $6,000,000 [, regardless of cost], including (3) cardiac catheterization, including the relocation of any but not limited to replacement of heating, ventilating and air conditioning, Cardiac Catheterization Laboratory Center service within a network or to fire alarm and call bell systems or components thereof, roofs, elevators, another site in a multi-site facility, as defined in Section 401.1 of this Title, parking lots and garages, dietary, and solid waste and/or sewage disposal and the addition of a PCI Capable Cardiac Catheterization Laboratory and upgrades of the exterior building envelope. The facility’s written no- Center at a facility that is not already approved to provide cardiac tice to the department shall include a written certification by a New York catheterization services; provided however that the addition of a PCI State licensed architect or engineer that the project meets the applicable Capable Cardiac Catheterization Laboratory Center or Cardiac EP Labora- statutes, codes and regulations; and shall include a plan to protect patient tory Program at a facility approved to provide cardiac catheterization ser- safety during construction consistent with section 711.2 of this part and vices shall be reviewed pursuant to paragraph (3) of this subdivision, and other applicable standards, and as otherwise required by the department. the addition of a Cardiac EP Laboratory Program services at a facility ap- Upon completion of the project, the facility shall, where applicable, submit proved to provide cardiac surgery shall be reviewed pursuant to paragraph written certification by a New York State licensed architect, engineer ([7]6) of this subdivision; and/or physicist that the project as constructed or installed meets ap-

7 Rule Making Activities NYS Register/May 31, 2017 plicable statutes, codes and regulations; and such other close-out docu- which are to align health care resources with community health needs, ments as may be specified by the department. preserve and promote access to high quality health care, and control A new clause (g) is added to subparagraph (i) of paragraph (4) of utilization to promote cost-effective health care. subdivision (c) of section 710.1 to read as follows: PHL section 2801-a provides that hospitals, defined in PHL section (g) Any proposal that relates to health information technology 2801 to mean “general hospitals”, nursing homes and diagnostic and treat- regardless of cost. For health information technology proposals involving ment centers, may not be established except as approved by PHHPC. the implementation of clinical information systems, electronic medical re- PHHPC may not approve establishment unless it is satisfied as to the pub- cords, computerized physician order entry, radiology systems, lab order- lic need for and financial feasibility of the proposed project, the character ing systems or other health information systems impacting patient care, and competence of the proposed owners and operators, and such other the facility’s written notice to the department shall include a certification matters as it deems pertinent. of the technology’s interoperability with other systems and conformance The construction of a hospital, defined by PHL section 2801 to mean with state and federal guidelines and regulations governing the use and the erection, building, or substantial acquisition, alteration, reconstruction, exchange of information, including privacy and security, that is accept- improvement, extension or modification of a hospital, including its equip- able to the department. ment, requires the prior approval of the Commissioner under PHL section A new subparagraph (ii) is added to paragraph (4) of subdivision (c) of 2802. The Commissioner may approve a construction application only af- ter affording PHHPC an opportunity to make a recommendation, except section 710.1 to read as follows: where regulations adopted by PHHPC and approved by the Commissioner (ii) Proposals for a nonclinical infrastructure project, including provide that PHHPC review is not necessary, and only if the Commis- but not limited to replacement of heating, ventilating and air conditioning, sioner is satisfied as to public need, financial feasibility and character and fire alarm and call bell systems or components thereof, roofs, elevators, competence. parking lots and garages, dietary, and solid waste and/or sewage disposal PHL section 2802 details procedures for approval of hospital construc- and upgrades of the exterior building envelope, where total project costs tion projects and provides that certain types of hospital construction proj- do not exceed $6,000,000, shall not require prior approval or written no- ects require written notice to the Department but not prior approval. These tice to the department under this Part, except as required by clause (d) of include the acquisition of minor equipment, non-clinical infrastructure subparagraph (ii) of paragraph (5) of this subdivision. projects (such as replacement of heating, ventilating and air conditioning The opening sentence of paragraph (5) of subdivision (c) of section systems, parking lots and elevators), the replacement of existing equip- 710.1 is amended to read as follows: ment, and other projects set forth in regulation. (5) Proposals requiring a limited review. Proposals where total proj- Current Requirements: ect cost does not exceed $15,000,000 for a general hospital or $6,000,000 Consistent with these provisions, Department regulations establish the for all other facilities, and for which a certificate of need is not otherwise parameters of the CON process for establishment and construction required under this Part, shall be reviewed under this paragraph, except for projects. Part 600, et seq., of Title 10 of the Official Compilation of New proposals covered by paragraph (4) of this subdivision. York Codes, Rules and Regulations (NYCRR) pertains to establishment Clause (g) of subparagraph (iv) of paragraph (5) of subdivision (c) of and 10 NYCRR Part 710, et seq., relates to construction projects. section 710.1 is amended to read as follows: Part 710 of 10 NYCRR, et seq., defines three levels of review for [(g) Any proposal to acquire, install or modify health informa- construction projects. Construction projects of greater complexity and tion technology; provided that, notwithstanding any inconsistent provision higher costs undergo full review, requiring submission of a CON applica- in this paragraph, the cost of the proposal does not exceed $15 million. tion that includes a series of forms and schedules and a detailed review for The applicant shall submit information, as requested by the department, financial feasibility and public need. PHHPC must be afforded an op- including information concerning the technology’s interoperability with portunity to make a recommendation on full review construction projects, other systems and conformance with state and federal guidelines and while the ultimate determination of whether to approve such projects lies regulations governing the use and exchange of information, including with the Commissioner. privacy and security]Reserved. Applications that undergo administrative or limited review may be ap- Clause (b) of subparagraph (ii) of paragraph (6) of subdivision (c) of proved by the Commissioner without the recommendation of PHHPC. section 710.1 is amended to read as follows: Administrative review requires a CON application including forms and (b) Requests for approval of proposals described in this subpara- schedules which are less detailed than those needed for full review, and graph shall be made [directly to the Director of the Division of Health Fa- involves review for financial feasibility and public need. Limited review cility Planning. The applicant shall submit three (3) copies of such request] requires a narrative describing the construction activity to be undertaken, through the electronic application submission process at the address the cost of the construction and where applicable, architecture/engineering posted on the department’s website or any other means approved by the drawings or certification and does not include review for financial feasibil- department, including information indicating the services to be provided, ity or public need. the facility areas to be utilized, and such other information as the Depart- Section 710.1(c)(1) specifies that CON applications are necessary for ment may require. If construction is required, the request should include certain types of construction projects, generally including the addition, the cost of such construction and other information required by the Bureau modification or decertification of licensed services, changes in the method of Architectural and Engineering Facility Planning under this Part. If the of delivery of a licensed service, regardless of cost, or the acquisition or proposal involves the addition of Cardiac EP Laboratory Program Ser- addition of equipment. Subsequent paragraphs delineate the criteria by vices, the applicant shall also submit a copy to the local health systems which projects are assigned an appropriate level of review based on the agency (HSA) having jurisdiction, if any. The HSA shall have 10 days to type of action, the services and specific circumstances of a project as well make a recommendation to the department. as the project cost. Text of proposed rule and any required statements and analyses may be Section 710.1(c)(2) provides that “full review” is required for construc- obtained from: Katherine Ceroalo, DOH, Bureau of House Counsel, Reg. tion applications that involve the addition of beds, the addition or Affairs Unit, Room 2438, ESP Tower Building, Albany, NY 12237, (518) modification of a change in delivery for certain services, and proposals 473-7488, email: [email protected] involving total project costs in excess of $15 million. Section 710.1(c)(3) provides that projects eligible for “administrative review” generally Data, views or arguments may be submitted to: Same as above. include those with a total project cost that does not exceed $15 million. Public comment will be received until: 45 days after publication of this However, an application shall be eligible for administrative review even notice. though total project costs exceed $15 million, if: (a) total project costs do Regulatory Impact Statement not exceed 10 percent of the total operating costs of the facility for the fis- Statutory Authority: cal year ended two years prior to the submission of the application; and (b) Public Health Law (PHL) section 2803(2)(a) provides that the Public total project costs do not exceed $50 million for a general hospital or $25 Health and Health Planning Council (PHHPC) shall adopt rules and million for all other facilities. Further, under section 710.1(c)(3)(i)(q), regulations, subject to the approval of the Commissioner of Health, to ef- administrative review also applies to proposals related to health informa- fectuate the purposes of PHL Article 28 with respect to hospitals. tion technology (HIT) with a total cost above $15 million. Legislative Objectives: Section 710.1(c)(5) identifies construction projects subject to “limited PHL section 2800 declares that “[h]ospital and related services includ- review,” which generally includes projects with costs that do not exceed ing health-related service of the highest quality, efficiently provided and $6 million. Pursuant to section 710.1(c)(5)(ii), limited review also applies properly utilized at a reasonable cost, are of vital concern to the public to non-clinical projects involving heating, ventilating, air conditioning, health” and bestows upon the Department of Health the “central, compre- plumbing, electrical, water supply and fire protection systems where such hensive responsibility for the development and administration of the projects involve the modification or alteration of clinical space, services or state’s policy with respect to hospital and related services.” equipment. Section 710.1(5)(iv)(g) further provides for limited review of The review of applications for hospital establishment and construction any proposal to acquire, install or modify HIT that does not cost more than is referred to as the Certificate of Need (CON) process, the objectives of $15 million.

8 NYS Register/May 31, 2017 Rule Making Activities

Section 710.1(c)(4) provides that certain construction projects do not Costs to Local Government: require review but require written notice to the Department. Such projects This proposal will not impact local governments unless they operate a include non-clinical infrastructure projects (other than projects affecting general hospital, in which case they are likely to experience decreases in clinical space, which would require limited review as noted above). costs as noted above with respect to private entities. Needs and Benefits: Over the last several years, the Department has refined the CON pro- Costs to the Department of Health: cess to ensure that it continues to advance its objectives, is responsive to a This proposal is not anticipated to have a fiscal impact on the changing health care environment, focuses Department and PHHPC re- Department. sources on issues and projects with the greatest impact, and is as stream- Costs to Other State Agencies: lined and expeditious as possible within the parameters of the statutory The proposed regulatory changes will not result in additional costs to authority. other State agencies. This proposal represents the next phase of CON streamlining measures Local Government Mandates: and will: (1) raise the monetary thresholds impacting the level of review The proposed regulatory amendments do not impose new programs, for “general hospital” construction projects; (2) eliminate the requirement services, duties or responsibilities upon any county, city, town, village, that notice be provided for non-clinical infrastructure projects that do not school district, fire district, or other special district. exceed $6 million; (3) eliminate the requirement for Department approval Paperwork: of HIT projects, instead requiring notice which, for HIT projects impact- The proposed amendments will impose no new reporting requirements, ing patient care, will include certification as to interoperability and compli- forms or other paperwork. The amendments will reduce paperwork by ance with other applicable requirements; (4) update language to require shifting projects to lower levels of review or removing the requirement for that construction applications be submitted electronically; and (5) correct several erroneous references within the regulation. The proposal does not the filing of a CON application. modify the level of review required to add, reduce or decertify medical Duplication: services in a community. This rule does not duplicate any other law, rule or regulation. Section 710.1(c)(2)(i)(c) will be amended to subject “general hospital” Alternatives: construction projects to full review if they exceed $30 million. Section The Department considered higher increases of the monetary thresholds 710.1(c)(3)(i) will be amended to require administrative review if costs but ultimately determined that the amounts included in the proposal reflect are not more than $30 million for “general hospitals” or, if in excess of an appropriate balance between the recognition of increased construction $30 million, no more than 10 percent of operating costs and no more than costs for large-scale projects and the desire to maintain sufficient oversight $100 million. Section 710.1(c)(1)(vi) will be amended to raise the thresh- for purposes of promoting high quality services aligned with community old for limited review of a general hospital construction project to $15 need. million. Federal Standards: These increases recognize the overall upward movement in construc- The proposed amendments do not exceed any minimum standards of tion costs for large-scale projects undertaken by “general hospitals”. The the Federal government. There are no Federal rules currently addressing relative size of operating budgets and accumulated financial resources of the CON process. applicants other than “general hospitals” make the current dollar thresholds Compliance Schedule: still appropriate for those facilities. These regulations will be effective upon publication of a Notice of In addition, section 710.1(c)(4)(i)(e) will be amended to apply the no- Adoption in the New York State Register and would apply to all construc- tice requirement to non-clinical infrastructure projects costing over $6 million. A new section 710.1(c)(4)(ii) will reflect that neither review nor tion applications submitted thereafter. Consequently, regulated parties notice is required for non-clinical infrastructure projects that do not exceed should be able to comply with the proposed regulation as of its effective $6 million. Both provisions will reflect, however, that non-clinical proj- date. ects impacting clinical spaces, services or equipment will continue to be Regulatory Flexibility Analysis subject to limited review under section 710.1(c)(5)(ii)(d). No regulatory flexibility analysis is required pursuant to section 202- Section 710.1(c)(3)(i)(q), which subjects HIT projects to administrative (b)(3)(a) of the State Administrative Procedure Act. The proposed rule review if they are over $15 million, and section 710.1(c)(5)(iv)(g), which will not have a substantial adverse impact on small businesses or local subjects HIT projects to limited review if they are no more than $15 mil- governments. lion, will be repealed. A new section 710.1(c)(4)(i)(g) will provide that Rural Area Flexibility Analysis Department review of HIT projects is not required, but a facility will be required to provide notice to the Department that it is undertaking such a No rural area flexibility analysis is required pursuant to section 202- project. For HIT projects involving systems that impact patient care, the bb(4)(a) of the State Administrative Procedure Act. The proposed amend- notice will have to include certification as to the system’s interoperability ments will not impose an adverse impact on facilities in rural areas, and and conformance with state and federal guidelines governing the use and will not impose reporting, record keeping or other compliance require- exchange of information. ments on facilities in rural areas. Finally, this proposal will amend section 710.1(c)(6)(ii)(b), related to Job Impact Statement limited review cardiac catheterization proposals, to update language and No job impact statement is required pursuant to section 201-a(2)(a) of the clarify that applications must be submitted electronically, consistent with State Administrative Procedure Act. No adverse impact on jobs and Department practice. employment opportunities is expected as a result of this proposed The measures included in this streamlining initiative will continue to regulation. reflect the overall objective of the statutory and regulatory framework, as set forth in 10 NYCRR section 710.1(a), to help ensure that medical facil- ities are planned to achieve efficiency and economy of operation and care of high quality. At the same time, it will help support regulated providers in meeting heightened demands to be increasingly agile given ongoing Department of Motor Vehicles health system reform and evolving trends in medicine. Further, these changes are consistent with a broader effort being undertaken by the Department, in consultation with stakeholders, to fundamentally restruc- NOTICE OF WITHDRAWAL ture health care statutes, regulations and policies to better align with changes in the health care system, affording opportunities to streamline Private Service Bureaus requirements and promote flexibility that supports efficiency and innovation. I.D. No. MTV-11-17-00005-W COSTS: Costs to Private Regulated Parties: PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- The proposed amendments will not increase costs for private entities cedure Act, NOTICE is hereby given of the following action: subject to the requirements of PHL Article 28 and in fact are expected to Action taken: Notice of proposed rule making, I.D. No. MTV-11-17- have a favorable fiscal impact. Some applicants either would no longer 00005-P, has been withdrawn from consideration. The notice of proposed need to submit a CON application or would need to prepare a less complex rule making was published in the State Register on March 15, 2017. application, meaning that they will pay less in application fees, which are required in higher amounts for applications requiring higher levels of Subject: Private Service Bureaus. review. These changes also should expedite the time for approval of proj- Reason(s) for withdrawal of the proposed rule: The Department received ects and therefore minimize costs related to construction delays. an objection to the proposed rule.

9 Rule Making Activities NYS Register/May 31, 2017

Purpose: To consider revisions to its gas tariff schedule regarding the in- stallation of excess flow valves. Public Service Commission Substance of proposed rule: The Commission is considering a proposal filed by Central Hudson Gas & Electric Corporation (Central Hudson) to revise P.S.C. No. 12 – Gas, to effectuate amendments to 49 CFR Part 192 PROPOSED RULE MAKING regarding the installation of excess flow valves mandated by the Pipeline NO HEARING(S) SCHEDULED and Hazardous Materials Safety Administration’s Final Rule issued on October 14, 2016 and effective April 14, 2017. The revisions to 49 CFR Part 192 require that excess flow valves be installed at the customer Financial Incentives to Create Customer Savings and Develop request. The proposed amendments have an effective date of August 7, Market-Enabling Tools, with a Focus on Outcomes and 2017. The full text of the proposal may be reviewed online at the Depart- Incentives ment of Public Service web page: www.dps.ny.gov. The Commission may adopt, reject or modify, in whole or in part, the relief proposed and may I.D. No. PSC-22-17-00004-P resolve related matters. Text of proposed rule and any required statements and analyses may be PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- obtained by filing a Document Request Form (F-96) located on our cedure Act, NOTICE is hereby given of the following proposed rule: website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Proposed Action: The Commission is considering the Interconnection Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New Survey and Process proposed by the Joint Utilities on May 8, 2017, to York 12223-1350, (518) 486-2655, email: [email protected] inform each utility’s Earning Adjustment Mechanism. Data, views or arguments may be submitted to: Kathleen H. Burgess, Statutory authority: Public Service Law, sections 4(1), 5(1), (2), 65, 66(1) Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New and (12) York 12223-1350, (518) 474-6530, email: [email protected] Subject: Financial incentives to create customer savings and develop Public comment will be received until: 45 days after publication of this market-enabling tools, with a focus on outcomes and incentives. notice. Purpose: To consider the proposed Interconnection Survey Process and Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Earnings Adjustment Mechanisms. Area Flexibility Analysis and Job Impact Statement Substance of proposed rule: The Public Service Commission (Commis- Statements and analyses are not submitted with this notice because the sion) is considering the Interconnection Survey Process and Proposed proposed rule is within the definition contained in section 102(2)(a)(ii) of Earning Adjustment Mechanism filed by the Joint Utilities on May 8, 2017, the State Administrative Procedure Act. in response to the Commission’s Order Adopting a Ratemaking and Util- (17-G-0256SP1) ity Revenue Model Policy Framework, issued on May 19, 2016 in Case 14-M-0101. Each utility will conduct Interconnection Surveys with PROPOSED RULE MAKING distributed energy resource providers, the results of which will inform NO HEARING(S) SCHEDULED each utility’s positive earning opportunity. Satisfactory achievement of a baseline level of timely and cost-effective interconnection approvals is a threshold condition for earning positive adjustments. Interconnection Revisions to the Delivery Discount and Monthly Customer Earnings Adjustment Mechanisms are financial incentives that a utility Charge for SC No. 3 and the Commodity Price for SC 15 may capture to create customer savings and develop market-enabling tools. The full text may be reviewed online at the Department of Public I.D. No. PSC-22-17-00006-P Service web page: www.dps.ny.gov. The Commission may adopt, reject, or modify, in whole or in part, the proposed Interconnection Survey Pro- PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cess and Proposed Earning Adjustment Mechanism filing, and may resolve cedure Act, NOTICE is hereby given of the following proposed rule: other related matters. Proposed Action: The Commission is considering a proposal filed by Text of proposed rule and any required statements and analyses may be Rochester Gas & Electric Corporation to revise its gas tariff schedule, obtained by filing a Document Request Form (F-96) located on our P.S.C. No. 16, regarding a delivery discount and monthly customer charge website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John for SC No. 3 and the commodity price for SC No. 15. Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New Statutory authority: Public Service Law, section 66(12)(b) York 12223-1350, (518) 486-2655, email: [email protected] Subject: Revisions to the delivery discount and monthly customer charge Data, views or arguments may be submitted to: Kathleen H. Burgess, for SC No. 3 and the commodity price for SC 15. Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 474-6530, email: [email protected] Purpose: To consider revisions to the delivery discount and monthly customer charge for SC No. 3 and the commodity price for SC 15. Public comment will be received until: 45 days after publication of this notice. Substance of proposed rule: The Commission is considering a proposal filed by Rochester Gas and Electric Corporation (RG&E or the Company) Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural to make further revisions to Service Classification (SC) No. 3 – Large Area Flexibility Analysis and Job Impact Statement Transportation Service and SC No. 15 – Interruptible Sales Service Statements and analyses are not submitted with this notice because the contained in P.S.C. No. 16 – Gas. RG&E proposes an interruptible service proposed rule is within the definition contained in section 102(2)(a)(ii) of delivery discount to SC No. 3 of $0.007351 per therm from each of the per the State Administrative Procedure Act. therm rate blocks during the months of December through March. RG&E (16-M-0429SP3) proposes that the charge for the first 1000 therms or less of monthly usage for interruptible customers be set at 80% of the monthly charge paid by PROPOSED RULE MAKING SC No. 3 customers. The Company plans to amend SC No. 15 to state that NO HEARING(S) SCHEDULED the commodity price shall be based on the highest cost of gas delivered on either the Dominion Transmission Incorporated Pipeline or the Empire Pipeline. The proposed amendments have an effective date of September To Effectuate Amendments to 49 CFR Part 192 Mandated by the 1, 2017. The full text of the proposal may be reviewed online at the Depart- Pipeline and Hazardous Materials Safety Administration ment of Public Service web page: www.dps.ny.gov. The Commission may I.D. No. PSC-22-17-00005-P adopt, reject or modify, in whole or in part, the relief proposed and may resolve related matters. Text of proposed rule and any required statements and analyses may be PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- obtained by filing a Document Request Form (F-96) located on our cedure Act, NOTICE is hereby given of the following proposed rule: website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Proposed Action: The Commission is considering a proposal filed by Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New Central Hudson Gas & Electric Corporation to revise its gas tariff sched- York 12223-1350, (518) 486-2655, email: [email protected] ule, P.S.C. No. 12, regarding the installation of excess flow valves pursu- Data, views or arguments may be submitted to: Kathleen H. Burgess, ant to changes to 49 CFR part 192. Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New Statutory authority: Public Service Law, section 66(12)(b) York 12223-1350, (518) 474-6530, email: [email protected] Subject: To effectuate amendments to 49 CFR part 192 mandated by the Public comment will be received until: 45 days after publication of this Pipeline and Hazardous Materials Safety Administration. notice.

10 NYS Register/May 31, 2017 Rule Making Activities

Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Proposed Action: The Public Service Commission is considering a peti- Area Flexibility Analysis and Job Impact Statement tion of 412-14 East 10th Street Housing Development Fund Corporation Statements and analyses are not submitted with this notice because the to submeter electricity at 412-14 East 10th Street, New York, New York proposed rule is within the definition contained in section 102(2)(a)(ii) of and request for a waiver of 16 NYCRR § 96.2(b). the State Administrative Procedure Act. Statutory authority: Public Service Law, sections 2, 4(1), 30, 32-48, 52, (16-G-0533SP2) 53, 65(1), 66(1), (2), (3), (4), (12) and (14) Subject: Petition to submeter electricity and waiver request. PROPOSED RULE MAKING Purpose: To consider the petition to submeter electricity at 412-14 East NO HEARING(S) SCHEDULED 10th Street, New York, New York and waiver of 16 NYCRR § 96.2(b). Substance of proposed rule: The Commission is considering the petition Certain Commission Requirements Related to Blockable Central of 412-14 East 10th Street Housing Development Fund Corporation (Ap- Office Codes plicant), filed on April 25, 2017, to submeter electricity at 412-14 East 10th Street, New York, New York, located in the service territory of I.D. No. PSC-22-17-00007-P Consolidated Edison Company of New York, Inc. The Commission is also considering the Applicant’s request for a waiver of 16 NYCRR § 96.2(b), which requires the applicant to demonstrate that the building will partici- PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- pate in demand response programs or employ on-site co-generation or an cedure Act, NOTICE is hereby given of the following proposed rule: alternative, advanced energy efficiency design when submetering authori- Proposed Action: The Commission is considering a petition by Verizon zation is sought for direct meter to submeter conversions. The full text of New York Inc. to exclude certain central office codes from blocking op- the petition and waiver request may be reviewed online at the Department tions offered to customers. of Public Service web page: www.dps.ny.gov. The Commission may Statutory authority: Public Service Law, sections 94(2) and 97(2) adopt, reject or modify, in whole or in part, the relief proposed and may Subject: Certain Commission requirements related to blockable central resolve related matters. office codes. Text of proposed rule and any required statements and analyses may be Purpose: To consider a change to certain Commission requirements re- obtained by filing a Document Request Form (F-96) located on our lated to blockable central office codes. website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New Substance of proposed rule: The Public Service Commission (Commis- York 12223-1350, (518) 486-2655, email: [email protected] sion) is considering a petition filed by Verizon New York Inc. (Verizon), on May 5, 2017, to exclude certain central office codes from blocking op- Data, views or arguments may be submitted to: Kathleen H. Burgess, tions offered to customers. Blocking services, as offered by Verizon and Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New other local exchange carriers in New York State, enable customers to block York 12223-1350, (518) 474-6530, email: [email protected] outgoing calls to certain central office codes that have been identified as Public comment will be received until: 45 days after publication of this codes used to provide certain information provider (IP) services (block- notice. able codes). Some instances that blocking services may be useful to Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural subscribers are in preventing the billing of IP charges to their lines, or in Area Flexibility Analysis and Job Impact Statement preventing minors in their households from accessing inappropriate Statements and analyses are not submitted with this notice because the content. Verizon requests authorization for all local exchange carriers in proposed rule is within the definition contained in section 102(2)(a)(ii) of New York to re-align the blocking service provisions of their tariffs and the State Administrative Procedure Act. customer service guides and the corresponding switch translations in their networks. The request would authorize and require all regulated carriers in (17-E-0234SP1) the State to remove certain central office codes from any blocking service options offered in their tariffs and customer service guides to address a sit- uation that has resulted from the incorrect assignment of telephone numbers from certain blockable codes to carriers providing “ordinary” or Department of Taxation and “general” telecommunications services, rather than IP services. The carri- ers to which such telephone numbers have been or could be assigned Finance include incumbent local exchange carriers, competitive local exchange carriers, mobile wireless communication companies, and interconnected VoIP providers. The full text of the petition may be reviewed online at the NOTICE OF ADOPTION Department of Public Service web page: www.dps.ny.gov. The Commis- sion may adopt, reject, or modify, in whole or in part, the petition proposed Division of Taxation and Finance Powers of Attorney and may resolve other related matters. I.D. No. TAF-48-16-00003-A Text of proposed rule and any required statements and analyses may be Filing No. 325 obtained by filing a Document Request Form (F-96) located on our website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Filing Date: 2017-05-15 Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New Effective Date: 2017-05-31 York 12223-1350, (518) 486-2655, email: [email protected] Data, views or arguments may be submitted to: Kathleen H. Burgess, PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New cedure Act, NOTICE is hereby given of the following action: York 12223-1350, (518) 474-6530, email: [email protected] Action taken: Amendment of sections 2370.5(b)(3), 2371.5(c)(2), Public comment will be received until: 45 days after publication of this 2390.1(c)(3), (g)(1); and repeal of section 2390.1(f) and (g)(2) of Title 20 notice. NYCRR. Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Statutory authority: Tax Law, section 171, subd. First Area Flexibility Analysis and Job Impact Statement Subject: Division of Taxation and Finance Powers of Attorney. Statements and analyses are not submitted with this notice because the Purpose: To simplify and expedite the process for filing Powers of At- proposed rule is within the definition contained in section 102(2)(a)(ii) of torney with the Division of Taxation and Finance. the State Administrative Procedure Act. Text or summary was published in the November 30, 2016 issue of the (17-C-0278SP1) Register, I.D. No. TAF-48-16-00003-P. Final rule as compared with last published rule: No changes. PROPOSED RULE MAKING Text of rule and any required statements and analyses may be obtained NO HEARING(S) SCHEDULED from: Kathleen D. O’Connell, Tax Regulations Specialist, Department of Taxation and Finance, Office of Counsel, Building 9, W.A. Harriman Petition to Submeter Electricity and Waiver Request Campus, Albany, NY 12227, (518) 530-4153, email: [email protected] I.D. No. PSC-22-17-00008-P Initial Review of Rule As a rule that does not require a RFA, RAFA or JIS, this rule will be PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- initially reviewed in the calendar year 2022, which is no later than the 5th cedure Act, NOTICE is hereby given of the following proposed rule: year after the year in which this rule is being adopted.

11 Rule Making Activities NYS Register/May 31, 2017

Assessment of Public Comment Data, views or arguments may be submitted to: Same as above. The agency received no public comment. Public comment will be received until: 45 days after publication of this notice. NOTICE OF ADOPTION Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement Fuel Use Tax on Motor Fuel and Diesel Motor Fuel and the Art. Statements and analyses are not submitted with this notice because the 13-A Carrier Tax Jointly Administered Therewith proposed rule is within the definition contained in section 102(2)(a)(ii) of I.D. No. TAF-09-17-00003-A the State Administrative Procedure Act. Filing No. 324 Filing Date: 2017-05-15 Effective Date: 2017-05-15

PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedure Act, NOTICE is hereby given of the following action: Action taken: Amendment of section 492.1(b)(1) of Title 20 NYCRR. Statutory authority: Tax Law, sections 171, subd. First, 301-h(c), 509(7), 523(b) and 528(a) Subject: Fuel use tax on motor fuel and diesel motor fuel and the art. 13-A carrier tax jointly administered therewith. Purpose: To set the sales tax component and the composite rate per gallon for the period April 1, 2017 through June 30, 2017. Text or summary was published in the March 1, 2017 issue of the Regis- ter, I.D. No. TAF-09-17-00003-P. Final rule as compared with last published rule: No changes. Text of rule and any required statements and analyses may be obtained from: Kathleen D. O’Connell, Tax Regulations Specialist, Department of Taxation and Finance, Office of Counsel, Building 9, W.A. Harriman Campus, Albany, NY 12227, (518) 530-4153, email: [email protected] Assessment of Public Comment An assessment of public comment is not submitted with this notice because the rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act. PROPOSED RULE MAKING NO HEARING(S) SCHEDULED

Fuel Use Tax on Motor Fuel and Diesel Motor Fuel and the Art. 13-A Carrier Tax Jointly Administered Therewith I.D. No. TAF-22-17-00002-P

PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedure Act, NOTICE is hereby given of the following proposed rule: Proposed Action: Amendment of section 492.1(b)(1) of Title 20 NYCRR. Statutory authority: Tax Law, sections 171, subd. First, 301-h(c), 509(7), 523(b) and 528(a) Subject: Fuel use tax on motor fuel and diesel motor fuel and the art. 13-A carrier tax jointly administered therewith. Purpose: To set the sales tax component and the composite rate per gallon for the period July 1, 2017 through September 30, 2017. Text of proposed rule: Section 1. Paragraph (1) of subdivision (b) of sec- tion 492.1 of such regulations is amended by adding a new subparagraph (lxxxvii) to read as follows:

Motor Fuel Diesel Motor Fuel Sales Tax Composite Aggregate Sales Tax Composite Aggregate Component Rate Rate Component Rate Rate

(lxxxvi) April-June 2017 14.6 22.6 38.8 15.7 23.7 38.15 (lxxxvii) July-Sept. 2017 14.6 22.6 38.8 15.7 23.7 38.15 Text of proposed rule and any required statements and analyses may be obtained from: Kathleen D. O’Connell, Tax Regulations Specialist, Department of Taxation and Finance, Office of Counsel, Building 9, W.A. Harriman Campus, Albany, NY 12227, (518) 530-4153, email: [email protected]

12 NYS Register/May 31, 2017 Rule Making Activities

HEARINGS SCHEDULED FOR PROPOSED RULE MAKINGS Agency I.D. No. Subject Matter Location—Date—Time Environmental Conservation, Department of ENV-19-17-00003-P ...... Part 232 regulates entities that operate dry Department of Environmental Conservation, cleaning machines 625 Broadway, Public Assembly Rm. 129A/B, Albany, NY—June 27, 2017, 6:00 p.m. Reinstein Woods Environmental Education Center, Reinstein Woods Nature Preserve, 93 Honorine Dr., Depew, NY—June 28, 2017, 6:00 p.m. SUNY Stony Brook, 50 Circle Rd., Rm. B02, Stony Brook, NY—June 29, 2017, 6:00 p.m. Department of Transportation, Hunter’s Point Plaza, 47-40 21st St., Rm. 834, Long Island City, NY—June 30, 2017, 6:00 p.m. Public Service Commission PSC-14-17-00017-P ...... Petition for full-scale deployment of AMI and Department of Public Service, Agency Bldg. 3, to establish an AMI surcharge 19th Fl. Boardroom, Albany, NY—August 2, 2017, 10:30 a.m. and continuing as needed (Evidentiary Hearing)* *On occasion there are requests to reschedule or postpone evidentiary hearing dates. If such a request is granted, notification of any subsequent scheduling changes will be avail- able at the DPS website (www.dps.ny.gov) under Cases 17-E-0058 and 17-G-0059.

13

NYS Register/May 31, 2017 Action Pending Index

ACTION PENDING INDEX

The action pending index is a list of all proposed rules which listed in the action pending index, use the identification number are currently being considered for adoption. A proposed rule is to locate the text of the original notice of proposed rule making. added to the index when the notice of proposed rule making is The identification number contains a code which identifies the first published in the Register. A proposed rule is removed agency, the issue of the Register in which the notice was from the index when any of the following occur: (1) the pro- printed, the year in which the notice was printed and the posal is adopted as a permanent rule; (2) the proposal is notice’s serial number. The following diagram shows how to rejected and withdrawn from consideration; or (3) the propo- read identification number codes. sal’s notice expires. Most notices expire in approximately 12 months if the agency Agency Issue Year Serial Action does not adopt or reject the proposal within that time. The code number published number Code expiration date is printed in the second column of the action pending index. Some notices, however, never expire. Those AAM 01 12 00001 P notices are identified by the word “exempt” in the second column. Actions pending for one year or more are preceded by Action codes: P — proposed rule making; EP — emergency an asterisk(*). and proposed rule making (expiration date refers to proposed For additional information concerning any of the proposals rule); RP — revised rule making

Agency I.D. No. Expires Subject Matter Purpose of Action

AGRICULTURE AND MARKETS, DEPARTMENT OF

AAM-23-16-00005-P ...... 06/08/17 National Institute of Standards and To incorporate NIST Handbook 44 (2016 Technology (‘‘NIST’’) Handbook 44; receipts edition); to allow handwritten taxicab receipts; issued by taxicab operators, digital scales to liberalize scale requirements

AAM-13-17-00001-P ...... 03/29/18 Food processing license exemptions for To allow maple syrup and honey processors to maple syrup and honey processors add safe ingredients and remain exempt from licensing

AAM-13-17-00002-P ...... 03/29/18 Requirements applicable to facilities that To incorporate by reference 21 CFR Part 117, manufacture food for human consumption containing such requirements

AAM-16-17-00001-P ...... 04/19/18 National Institute of Standards and To incorporate NIST Handbook 44 (2017 Technology (‘‘NIST’’) Handbook 44; receipts edition); to allow handwritten taxicab receipts; issued by taxicab operators, digital scales to liberalize scale requirements

AAM-17-17-00005-P ...... 04/26/18 Standards for growing, harvesting, packing, To incorporate by reference 21 CFR Part 112, and holding of produce for human containing such Standards consumption (‘‘Standards’’)

AAM-19-17-00006-EP ...... 05/10/18 Species of ash trees, parts thereof and To expand the emerald ash borer (EAB) products and debris therefrom which are at quarantine to points south of the New York risk for infestation by the emerald ash borer State Thruway to Long Island where the EAB is

ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, OFFICE OF

ASA-52-16-00012-P ...... 12/28/17 Repeal Part 830 and add new Part 830 Repeal obsolete regulations and incorporate regarding Ancillary Services and Therapies provisions into a new Part with additional provisions

AUDIT AND CONTROL, DEPARTMENT OF

AAC-19-17-00001-P ...... 05/10/18 The New York Achieving A Better Life To implement the New York Achieving A Better Experience Savings Account Act (ABLE) Life Experience Savings Account Act (ABLE) as a qualified program under IRC § 529-a

15 Action Pending Index NYS Register/May 31, 2017 Agency I.D. No. Expires Subject Matter Purpose of Action

CHILDREN AND FAMILY SERVICES, OFFICE OF

CFS-14-17-00003-EP ...... 04/05/18 Minimum pre-service, orientation health and To implement minimum pre-service, orientation safety training requirements in child day care health and safety training requirements in child programs day care programs

CFS-17-17-00010-P ...... 04/26/18 Increase in the maximum length of stay in To implement changes to section 459-a of the residential domestic violence programs Social Services Law increasing maximum length of stay in domestic violence programs

CIVIL SERVICE, DEPARTMENT OF

CVS-26-16-00003-P ...... 06/29/17 Jurisdictional Classification To classify positions in the exempt class and to delete positions from the non-competitive class

CVS-26-16-00004-P ...... 06/29/17 Jurisdictional Classification To classify a position in the non-competitive class

CVS-26-16-00005-P ...... 06/29/17 Jurisdictional Classification To delete a position from and classify a position in the exempt class

CVS-26-16-00006-P ...... 06/29/17 Jurisdictional Classification To classify a position in the non-competitive class

CVS-26-16-00007-P ...... 06/29/17 Jurisdictional Classification To classify positions in the non-competitive classes

CVS-26-16-00008-P ...... 06/29/17 Jurisdictional Classification To classify a position in the non-competitive class

CVS-26-16-00009-P ...... 06/29/17 Jurisdictional Classification To classify positions in the exempt class

CVS-26-16-00010-P ...... 06/29/17 Jurisdictional Classification To classify positions in the non-competitive class

CVS-26-16-00011-P ...... 06/29/17 Jurisdictional Classification To classify positions in the non-competitive class

CVS-29-16-00001-P ...... 07/20/17 Jurisdictional Classification To classify positions in the exempt class

CVS-29-16-00002-P ...... 07/20/17 Jurisdictional Classification To delete subheading & positions from; to add heading, subheading & positions in exempt and non-competitive classes

CVS-29-16-00003-P ...... 07/20/17 Jurisdictional Classification To delete positions from the exempt and non- competitive classes

CVS-29-16-00004-P ...... 07/20/17 Jurisdictional Classification To delete positions from the non-competitive class

CVS-29-16-00005-P ...... 07/20/17 Jurisdictional Classification To classify a position in the exempt class

CVS-29-16-00006-P ...... 07/20/17 Jurisdictional Classification To classify a position in the exempt class

CVS-29-16-00007-P ...... 07/20/17 Jurisdictional Classification To classify a position in the non-competitive class

CVS-29-16-00008-P ...... 07/20/17 Jurisdictional Classification To classify a position in the exempt class and to delete a position from the non-competitive class

16 NYS Register/May 31, 2017 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

CIVIL SERVICE, DEPARTMENT OF

CVS-29-16-00009-P ...... 07/20/17 Jurisdictional Classification To classify positions in the exempt class

CVS-29-16-00010-P ...... 07/20/17 Jurisdictional Classification To classify positions in the exempt class

CVS-29-16-00011-P ...... 07/20/17 Jurisdictional Classification To classify a position in the exempt class

CVS-29-16-00012-P ...... 07/20/17 Jurisdictional Classification To classify positions in the exempt class

CVS-29-16-00013-P ...... 07/20/17 Jurisdictional Classification To classify a position in the exempt class

CVS-29-16-00014-P ...... 07/20/17 Jurisdictional Classification To classify a position in the non-competitive class

CVS-29-16-00015-P ...... 07/20/17 Jurisdictional Classification To delete positions from the non-competitive class

CVS-29-16-00016-P ...... 07/20/17 Jurisdictional Classification To delete positions from the exempt and non- competitive classes

CVS-29-16-00017-P ...... 07/20/17 Jurisdictional Classification To classify a position in the exempt class and to delete a position from the non-competitive class

CVS-29-16-00018-P ...... 07/20/17 Jurisdictional Classification To delete subheading & positions from; to add heading, subheading & positions in exempt and non-competitive classes

CVS-35-16-00004-P ...... 08/31/17 Jurisdictional Classification To classify positions in the exempt class

CVS-35-16-00005-P ...... 08/31/17 Jurisdictional Classification To delete positions from and classify positions in the non-competitive class.

CVS-35-16-00006-P ...... 08/31/17 Jurisdictional Classification To classify a position in the exempt class

CVS-35-16-00007-P ...... 08/31/17 Jurisdictional Classification To classify a position in the exempt class

CVS-35-16-00008-P ...... 08/31/17 Jurisdictional Classification To classify a position in the exempt class

CVS-35-16-00009-P ...... 08/31/17 Jurisdictional Classification To classify positions in the exempt class

CVS-35-16-00010-P ...... 08/31/17 Jurisdictional Classification To classify positions in the non-competitive class

CVS-35-16-00011-P ...... 08/31/17 Jurisdictional Classification To classify a position in the non-competitive class

CVS-35-16-00012-P ...... 08/31/17 Jurisdictional Classification To classify a position in the exempt class

CVS-44-16-00001-P ...... 11/02/17 Jurisdictional Classification To classify a position in the exempt class

CVS-44-16-00002-P ...... 11/02/17 Jurisdictional Classification To classify a position in the exempt class

CVS-44-16-00003-P ...... 11/02/17 Jurisdictional Classification To classify a position in the exempt class

CVS-44-16-00004-P ...... 11/02/17 Jurisdictional Classification To classify a position in the exempt class and to delete a position from the non-competitive class

17 Action Pending Index NYS Register/May 31, 2017 Agency I.D. No. Expires Subject Matter Purpose of Action

CIVIL SERVICE, DEPARTMENT OF

CVS-44-16-00005-P ...... 11/02/17 Jurisdictional Classification To delete a position from and classify a position in the non-competitive class

CVS-44-16-00006-P ...... 11/02/17 Jurisdictional Classification To classify a position in the exempt class

CVS-44-16-00007-P ...... 11/02/17 Jurisdictional Classification To classify a position in the exempt class

CVS-44-16-00008-P ...... 11/02/17 Jurisdictional Classification To classify a position in the non-competitive class

CVS-44-16-00009-P ...... 11/02/17 Jurisdictional Classification To classify positions in the non-competitive class

CVS-46-16-00001-P ...... 11/16/17 Jurisdictional Classification To classify a position in the exempt class

CVS-46-16-00002-P ...... 11/16/17 Jurisdictional Classification To classify positions in the non-competitive class

CVS-46-16-00003-P ...... 11/16/17 Jurisdictional Classification To classify positions in the exempt class

CVS-46-16-00004-P ...... 11/16/17 Jurisdictional Classification To delete a position from and classify a position in the exempt class

CVS-01-17-00006-P ...... 01/04/18 Jurisdictional Classification To classify a position in the non-competitive class

CVS-01-17-00007-P ...... 01/04/18 Jurisdictional Classification To delete a position from and classify positions in the non-competitive class

CVS-01-17-00008-P ...... 01/04/18 Jurisdictional Classification To classify a position in the exempt class

CVS-01-17-00009-P ...... 01/04/18 Jurisdictional Classification To classify positions in the non-competitive class

CVS-01-17-00010-P ...... 01/04/18 Jurisdictional Classification To classify a position in the exempt class

CVS-01-17-00011-P ...... 01/04/18 Jurisdictional Classification To classify a position in the exempt class

CVS-01-17-00012-P ...... 01/04/18 Jurisdictional Classification To delete a position from and classify a position in the exempt class

CVS-01-17-00013-P ...... 01/04/18 Jurisdictional Classification To classify a position in the exempt class

CVS-01-17-00014-P ...... 01/04/18 Jurisdictional Classification To delete a position from and classify a position in the exempt class

CVS-01-17-00015-P ...... 01/04/18 Jurisdictional Classification To classify a position in the exempt class

CVS-01-17-00017-P ...... 01/04/18 Jurisdictional Classification To delete positions from and classify positions in the non-competitive class

CVS-04-17-00003-P ...... 01/25/18 Jurisdictional Classification To classify a position in the exempt class

CVS-04-17-00004-P ...... 01/25/18 Jurisdictional Classification To classify positions in the exempt class

CVS-07-17-00003-P ...... 02/15/18 Jurisdictional Classification To classify a position in the exempt class

18 NYS Register/May 31, 2017 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

CIVIL SERVICE, DEPARTMENT OF

CVS-07-17-00004-P ...... 02/15/18 Jurisdictional Classification To classify a position in the non-competitive class

CVS-07-17-00005-P ...... 02/15/18 Jurisdictional Classification To classify a position in the exempt class

CVS-07-17-00006-P ...... 02/15/18 Jurisdictional Classification To classify positions in the exempt class

CVS-07-17-00007-P ...... 02/15/18 Jurisdictional Classification To classify a position non-competitive class.

CVS-12-17-00004-P ...... 03/22/18 Jurisdictional Classification To classify a position in the non-competitive class

CVS-12-17-00005-P ...... 03/22/18 Jurisdictional Classification To delete a position from and classify a position in the non-competitive class.

CVS-12-17-00006-P ...... 03/22/18 Jurisdictional Classification To delete positions from and classify positions in the non-competitive class.

CVS-12-17-00007-P ...... 03/22/18 Jurisdictional Classification To classify positions in the exempt class

CVS-12-17-00008-P ...... 03/22/18 Jurisdictional Classification To classify a position in the non-competitive class

CVS-12-17-00009-P ...... 03/22/18 Jurisdictional Classification To classify positions in the non-competitive class

CVS-12-17-00010-P ...... 03/22/18 Jurisdictional Classification To delete positions from and classify positions in the exempt class

CVS-17-17-00002-P ...... 04/26/18 Supplemental military leave benefits To extend the availability of supplemental military leave benefits for certain New York State employees until December 31, 2017

CVS-18-17-00001-P ...... 05/03/18 Jurisdictional Classification To classify a position in the exempt class

CVS-18-17-00002-P ...... 05/03/18 Jurisdictional Classification To classify a position in the exempt class

CVS-18-17-00003-P ...... 05/03/18 Jurisdictional Classification To classify positions in the exempt class

CVS-18-17-00004-P ...... 05/03/18 Jurisdictional Classification To classify a position in the non-competitive class

CVS-18-17-00005-P ...... 05/03/18 Jurisdictional Classification To classify positions in the exempt class

CVS-18-17-00006-P ...... 05/03/18 Jurisdictional Classification To classify a position in the non-competitive class

CVS-18-17-00007-P ...... 05/03/18 Jurisdictional Classification To classify a position in the exempt class

CVS-18-17-00008-P ...... 05/03/18 Jurisdictional Classification To classify positions in the non-competitive class

CVS-18-17-00009-P ...... 05/03/18 Jurisdictional Classification To classify positions in the non-competitive class

CVS-18-17-00010-P ...... 05/03/18 Jurisdictional Classification To classify a position in the non-competitive class

CVS-18-17-00011-P ...... 05/03/18 Jurisdictional Classification To classify positions in the exempt class

19 Action Pending Index NYS Register/May 31, 2017 Agency I.D. No. Expires Subject Matter Purpose of Action

CIVIL SERVICE, DEPARTMENT OF

CVS-18-17-00012-P ...... 05/03/18 Jurisdictional Classification To classify positions in the exempt class

CVS-18-17-00013-P ...... 05/03/18 Jurisdictional Classification To delete a position from and classify a position in the exempt class

CVS-18-17-00014-P ...... 05/03/18 Jurisdictional Classification To classify positions in the exempt and non- competitive classes

CVS-18-17-00015-P ...... 05/03/18 Jurisdictional Classification To classify positions in the exempt class

CVS-18-17-00016-P ...... 05/03/18 Jurisdictional Classification To classify positions in the non-competitive class

CVS-18-17-00017-P ...... 05/03/18 Jurisdictional Classification To classify positions in the exempt class and delete positions from the non-competitive class

CORRECTION, STATE COMMISSION OF

CMC-22-17-00003-P ...... 05/31/18 Feminine hygiene products in lockups To ensure feminine hygiene products are available and accessible to female prisoners detained in local lockups

CORRECTIONS AND COMMUNITY SUPERVISION, DEPARTMENT OF

CCS-39-16-00004-P ...... 09/28/17 Parole Board decision making To clearly establish what the Board must consider when conducting an interview and rendering a decision

CCS-10-17-00002-P ...... 03/08/18 Payment of costs for prosecution of certain To amend the rule in accordance with Mental inmates and certain inmate-patients Hygiene Law and to update the agency name

CCS-10-17-00003-P ...... 03/08/18 Marriages During Confinement Update a job title, clarify rules for existing program, set timing for notification of marriage, delete chaplains interview

CRIMINAL JUSTICE SERVICES, DIVISION OF

CJS-25-16-00004-RP ...... 06/22/17 Handling of Ignition Interlock Cases Involving To promote public/traffic safety, offender Certain Criminal Offenders. accountability and quality assurance through the establishment of minimum standards.

CJS-12-17-00003-P ...... 03/22/18 Partial Match Policy Align language of the Partial Match Policy and regulations with current National DNA Index System (NDIS) operating procedures

EDUCATION DEPARTMENT

EDU-45-16-00006-RP ...... 11/09/17 Eligibility for Participation in Interscholastic Clarifies when a student’s eligibility for athletic Sports and Duration of Competition competition may be extended and the use of the athletic placement process

EDU-04-17-00005-P ...... 01/25/18 Continuing education requirements for Provides that veterinarians may provide free veterinarians and veterinary technicians spaying and neutering services as part of their continuing education requirements

EDU-04-17-00012-ERP ...... 01/25/18 School Health Services To conform school health regulations to Ch.58 of the Laws of 2006, Ch.57 of the Laws of 2013, and Ch.373 of the Laws of 2016

20 NYS Register/May 31, 2017 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

EDUCATION DEPARTMENT

EDU-13-17-00012-EP ...... 03/29/18 Dispensing of post-exposure prophylaxis To allow execution by licensed pharmacists of drugs to prevent HIV in persons who may non-patient specific orders to dispense HIV have been recently exposed post-exposure prophylaxis drugs

EDU-13-17-00013-EP ...... 03/29/18 Screening of individuals at increased risk of To allow execution by registered professional syphilis, gonorrhea and chlamydia (sexually nurses of non-patient specific orders to screen transmitted infections or STIs) persons at increased risk of STIs

EDU-13-17-00014-EP ...... 03/29/18 Eliminate Academic Literacy Skills Test for To implement the recommendations of the teacher certification, remove unnecessary edTPA Task Force references to liberal arts and science

EDU-13-17-00015-EP ...... 03/29/18 Criteria for Approval of Pathway Assessments To provide for approval of pathway in Languages other than English (LOTE) examinations in Languages other than English (LOTE) to meet diploma requirements

EDU-13-17-00016-P ...... 03/29/18 Multiple Measures Process for the edTPA To implement recommendations of the edTPA Task Force to Establish a Multiple Measures Process for the edTPA

EDU-14-17-00006-P ...... 04/05/18 State Aid for Library Construction, and School To Implement Education Law § 273-a and to Library Systrems Update Terminology Related to the Functions of school library systems

EDU-16-17-00008-EP ...... 04/19/18 Eligible Score Band for an Appeal of the To Align with the Recent Expansion of the English Language Arts Regents Examination Eligible Score Band for Appeals for Certain for Eligible English Language Learners (ELLs) Regents Examinations for All Students

EDU-16-17-00009-P ...... 04/19/18 Residency Certificates To establish requirements for candidates seeking a residency certificate

EDU-21-17-00006-P ...... 05/24/18 Education requirements for certification as a To conform to current national education certified athletic trainer standards for certification by eliminating 79- 7.2(b) education pathway by July 1, 2022

EDU-21-17-00007-P ...... 05/24/18 Unit of Study Requirements for Career and To implement Regents policy relating to career Technical Education in Grades 7 and 8 and technical education units of study

EDU-21-17-00008-P ...... 05/24/18 The education of homeless children and Required by the federal McKinney-Vento youths (McKinney-Vento Homeless Homeless Assistance Act (42 U.S.C. section Assistance Act) 11431 et seq.), as amended by ESSA

EDU-21-17-00009-P ...... 05/24/18 Reporting Requirements Relating to Sexual To Implement Chapter 76 of the Laws of 2015 Assault on College Campuses to establish reporting requirements relating to sexual assault on college campuses

EDU-21-17-00010-EP ...... 05/24/18 Teaching Certificates in Career and Technical Establish flexibility in the requirements for Education teaching certificates in career & technical education to address teacher shortage

ELECTIONS, STATE BOARD OF

SBE-21-17-00002-P ...... 05/24/18 Administrative Complaint Procedure for To streamline the HAVA complaint procedure Resolution of Violations of Title III Provisions and clarify that Counsel’s Office at SBOE of HAVA administers the procedure

SBE-21-17-00004-P ...... 05/24/18 Amending 6201.2 and 6201.3 to update and To update 6201.2 and 6201.3 to update and provide clarity on how Fair Campaign Code clarify procedures and to reflect standard for Procedures are administered poll release in Board Op. 1984 # 1

21 Action Pending Index NYS Register/May 31, 2017 Agency I.D. No. Expires Subject Matter Purpose of Action

ELECTIONS, STATE BOARD OF

SBE-21-17-00005-P ...... 05/24/18 Designation of treasurer removal committee To implement the process of treasurer removal and related procedures provided for by Part C of Chapter 286 of the Laws of 2016

ENVIRONMENTAL CONSERVATION, DEPARTMENT OF

*ENV-11-16-00004-P ...... 06/07/17 Solid Waste Management Regulations Amend the rules that implement the solid waste program in New York State to incorporate changes in law and technology

ENV-31-16-00003-P ...... 09/30/17 Waste Fuels Update permit references, rule citations, monitoring, record keeping, reporting requirements, and incorporate federal standards

ENV-36-16-00002-P ...... 11/02/17 Lake Champlain drainage basin To reclassify certain surface waters in Lake Champlain Drainage Basin, in Clinton, Essex, Franklin, Warren, Washington counties

ENV-06-17-00001-P ...... 03/31/18 Amendments to 6 NYCRR Part 617 (which The purpose of the rule making is to streamline implement the State Environmental Quality the SEQR process without sacrificing Review Act [Article 8 of the ECL]) meaningful environmental review

ENV-09-17-00001-P ...... 03/01/18 Regional Hunting Regulations To repeal regional hunting regulations

ENV-12-17-00002-P ...... 03/22/18 Free Sport Fishing Days To expand and establish four additional free sport fishing days

ENV-14-17-00001-P ...... 05/25/18 Prevention and Control of Environmental To amend regulations pertaining to disposal Pollution by Radioactive Materials and release of radioactive materials to the environment

ENV-16-17-00003-P ...... 04/19/18 Permits for taking surfclams To reduce paperwork and streamline the surfclam permitting process

ENV-17-17-00006-P ...... 04/26/18 Protection of diamondback terrapin To close the open season on diamondback terrapin

ENV-17-17-00007-P ...... 04/26/18 Special permit requirement to hunt or trap Revise regulations to remove the requirement bobcats in the Harvest Expansion Area in for a special permit to hunt or trap bobcats in central and western NY the Harvest Expansion Area

ENV-19-17-00003-P ...... 06/30/18 Part 232 regulates entities that operate dry Repeal and replace Part 232 to reduce cleaning machines. alternative solvent and perc emissions.

ENV-22-17-00001-EP ...... 05/31/18 Regulations governing the recreational To revise regulations concerning the harvest of summer flounder recreational harvest of summer flounder in New York State

FINANCIAL SERVICES, DEPARTMENT OF

*DFS-17-16-00003-P ...... exempt Plan of Conversion by Commercial Travelers To convert a mutual accident and health Mutual Insurance Company insurance company to a stock accident and health insurance company

DFS-39-16-00007-RP ...... 09/28/17 Charges for Professional Health Services Limit reimbursement of no-fault health care services provided outside NYS to highest fees in fee schedule for services in NYS

22 NYS Register/May 31, 2017 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

FINANCIAL SERVICES, DEPARTMENT OF

DFS-48-16-00006-RP ...... 11/30/17 Life Insurance and Annuity Non-guaranteed To establish standards for the determination Elements and readjustment of non-guaranteed elements for life insurance and annuities

DFS-06-17-00014-P ...... 02/08/18 Minimum Standards For Form, Content And To ensure that medically necessary abortion Sale Of Health Insurance, Including coverage is maintained for all insureds Standards Of Full And Fair Disclosure

DFS-06-17-00015-P ...... 02/08/18 Minimum Standards For Form, Content And To allow coverage for the dispensing of Sale Of Health Insurance, Including contraceptives and codify additional guidelines Standards Of Full And Fair Disclosure

DFS-11-17-00003-P ...... 03/15/18 Continuing Care Retirement Communities Amend rules related to permitted investments, financial transactions, reporting requirements and add new optional contract type

DFS-17-17-00001-P ...... 04/26/18 Supplementary Uninsured/Underinsured To establish a standard form for SUM coverage Motorists (SUM) Insurance in order to eliminate ambiguity, minimize confusion, and maximize its utility

DFS-17-17-00003-P ...... 04/26/18 Valuation of Individual and Group Accident To adopt the 2013 Individual Disability Income and Health Insurance Reserves Valuation Table

DFS-18-17-00018-P ...... 05/03/18 Statement of Actuarial Opinion and Actuarial To incorporate Section 2A and B of the NAIC’s Opinion Summary for Property/Casualty Property and Casualty Actuarial Opinion Model Insurers Law

DFS-18-17-00019-P ...... 05/03/18 Financial Risk Transfer Agreements Between To permit insurers to enter into financial risk Insurers and Accountable Care Organizations transfer agreements with Accountable Care Organizations

DFS-18-17-00020-P ...... 05/03/18 Establishment And Operation Of Market To allow for the implementation of a market Stabilization Mechanisms For Certain Health stabilization pool for the small group health Insurance Markets insurance market

DFS-18-17-00021-P ...... 05/03/18 TITLE INSURANCE RATES, EXPENSES To insure proper, non-excessive rates, AND CHARGES compliance with Ins. Law 6409(d), and reasonable charges for ancillary services

DFS-18-17-00022-P ...... 05/03/18 Title insurance agents, affiliated relationships, To implement requirements of Chapter 57 of and title insurance business Laws of NY 2014 re: title insurance agents and placement of title insurance business

DFS-20-17-00001-P ...... 05/17/18 Private Passenger Motor Vehicle Insurance To ensure education level attained/occupational Multi-Tier Programs status in initial tier placement/movement does not result in unfair rate

DFS-20-17-00004-P ...... 05/17/18 FINANCIAL STATEMENT FILINGS AND To update citations in Part 83 to the Accounting ACCOUNTING PRACTICES AND practices and Procedures Manual as of March PROCEDURES 2017 (instead of 2016)

GAMING COMMISSION, NEW YORK STATE

SGC-45-16-00004-P ...... 11/09/17 Anti-stacking of NSAIDs and diclofenac made To enable the Commission to preserve the a 48 hour NSAID integrity of pari-mutuel racing while generating reasonable revenue for the support of

SGC-17-17-00004-P ...... 04/26/18 Allow standardbred horses not to requalify To preserve the integrity of pari-mutuel racing when uncontrollable events (e.g., weather) while generating reasonable revenue for the prevent horse from racing on regular basis support of government

23 Action Pending Index NYS Register/May 31, 2017 Agency I.D. No. Expires Subject Matter Purpose of Action

GAMING COMMISSION, NEW YORK STATE

SGC-17-17-00008-P ...... 04/26/18 Licensing and regulation of multi-jurisdictional To adopt rules consistent with and as directed account wagering providers in pari-mutuel by Chapter 174 of the Laws of 2013 horse racing

HEALTH, DEPARTMENT OF

*HLT-14-94-00006-P ...... exempt Payment methodology for HIV/AIDS To expand the current payment to incorporate outpatient services pricing for services

HLT-35-16-00018-P ...... 08/31/17 All Payer Database (APD) To define the parameters for operating the APD regarding mandatory data submission by healthcare payers as well as data release

HLT-37-16-00024-P ...... 09/14/17 Medical Use of Marihuana To comprehensively regulate the manufacture, sale and use of medical marihuana

HLT-41-16-00002-EP ...... 10/12/17 Residential Health Care Facility Quality Pool To reward NYS facilities with the highest quality outcomes as determined by methodology developed by regulation

HLT-07-17-00008-P ...... 02/15/18 Adult Day Health Care Services for To provide programs with the ability to register Registrants with AIDS and service other high-need populations

HLT-07-17-00009-P ...... 02/15/18 Public Water Systems To incorporate federal rules and revisions to Public Health Law

HLT-20-17-00013-P ...... 05/17/18 Lead Testing in School Drinking Water Requires lead testing and remediation of potable drinking water in schools

HLT-21-17-00001-EP ...... 05/24/18 Physician and Pharmacies; Prescribing, To allow any authorized practitioner to Administering and Dispensing for the prescribe, administer & dispense Treatment of Narcotic Addiction buprenorphine for the treatment of narcotic addiction.

HLT-22-17-00009-P ...... 05/31/18 Updating Certificate of Need Thresholds To update Certificate of Need review thresholds

LONG ISLAND POWER AUTHORITY

*LPA-08-01-00003-P ...... exempt Pole attachments and related matters To approve revisions to the authority’s tariff

*LPA-41-02-00005-P ...... exempt Tariff for electric service To revise the tariff for electric service

*LPA-04-06-00007-P ...... exempt Tariff for electric service To adopt provisions of a ratepayer protection plan

*LPA-03-10-00004-P ...... exempt Residential late payment charges To extend the application of late payment charges to residential customers

LPA-41-16-00007-P ...... exempt PSEG Long Island’s balanced billing program To implement improvements to the balanced billing program

LPA-41-16-00008-P ...... exempt The Authority’s Power Supply Charge To move certain capacity related power supply costs from base rates to the Authority’s Power Supply Charge

LPA-41-16-00009-P ...... exempt The Authority’s Smart Grid Small Generator To update the Authority’s Smart Grid Small Interconnection Procedures Generator Interconnection Procedures

LPA-41-16-00010-P ...... exempt The Authority’s Revenue Decoupling To change the RDM from a semi-annual to an Mechanism annual rate resetting process

24 NYS Register/May 31, 2017 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

LONG ISLAND POWER AUTHORITY

LPA-41-16-00011-P ...... exempt The Authority’s Visual Benefits Assessment To effectuate a settlement between the Authority and the Town of Southampton regarding collection of arrears

LPA-11-17-00013-P ...... exempt Dynamic load management provisions of the To update the dynamic load management Authority’s Tariff provisions of the Tariff in order to be consistent with PSC policy

LPA-11-17-00014-P ...... exempt Street lighting provisions of the Authority’s To clarify provisions regarding notification of Tariff for Electric Service street lighting changes and resulting billing modifications

NIAGARA FALLS WATER BOARD

*NFW-04-13-00004-EP ...... exempt Adoption of Rates, Fees and Charges To pay for the increased costs necessary to operate, maintain and manage the system, and to achieve covenants with bondholders

*NFW-13-14-00006-EP ...... exempt Adoption of Rates, Fees and Charges To pay for increased costs necessary to operate, maintain and manage the system and to achieve covenants with the bondholders

PARKS, RECREATION AND HISTORIC PRESERVATION, OFFICE OF

PKR-13-17-00011-P ...... 03/29/18 Amendments to regulations governing use of To make general updates and technical boats and watercraft and control of invasive amendments and to clarify permissible aquatic species inflatable watercraft types

PEOPLE WITH DEVELOPMENTAL DISABILITIES, OFFICE FOR

PDD-08-17-00006-P ...... 02/22/18 Certification of Facilities and Home and To update, reorganize, and relocate existing Community Based Services (HCBS) requirements for certification of programs and services in OPWDD’s system

POWER AUTHORITY OF THE STATE OF NEW YORK

*PAS-01-10-00010-P ...... exempt Rates for the sale of power and energy Update ECSB Programs customers’ service tariffs to streamline them/include additional required information

PUBLIC EMPLOYMENT RELATIONS BOARD

PRB-16-17-00002-P ...... 04/19/18 Rules and regulations to effectuate the Codify existing practices; modernize pleadings; purposes of the Public Employees’ Fair remove outdated rules Employment Act (Civil Service Law Art. 14)

PUBLIC SERVICE COMMISSION

*PSC-09-99-00012-P ...... exempt Transfer of books and records by Citizens To relocate Ogden Telephone Company’s Utilities Company books and records out-of-state

*PSC-15-99-00011-P ...... exempt Electronic tariff by Woodcliff Park Corp. To replace the company’s current tariff with an electronic tariff

*PSC-12-00-00001-P ...... exempt Winter bundled sales service election date by To revise the date Central Hudson Gas & Electric Corporation

25 Action Pending Index NYS Register/May 31, 2017 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*PSC-44-01-00005-P ...... exempt Annual reconciliation of gas costs by Corning To authorize the company to include certain Natural Gas Corporation gas costs

*PSC-07-02-00032-P ...... exempt Uniform business practices To consider modification

*PSC-36-03-00010-P ...... exempt Performance assurance plan by Verizon New To consider changes York

*PSC-40-03-00015-P ...... exempt Receipt of payment of bills by St. Lawrence To revise the process Gas Company

*PSC-41-03-00010-P ...... exempt Annual reconciliation of gas expenses and To consider filings of various LDCs and gas cost recoveries municipalities

*PSC-41-03-00011-P ...... exempt Annual reconciliation of gas expenses and To consider filings of various LDCs and gas cost recoveries municipalities

*PSC-44-03-00009-P ...... exempt Retail access data between jurisdictional To accommodate changes in retail access utilities market structure or commission mandates

*PSC-02-04-00008-P ...... exempt Delivery rates for Con Edison’s customers in To rehear the Nov. 25, 2003 order New York City and Westchester County by the City of New York

*PSC-06-04-00009-P ...... exempt Transfer of ownership interest by SCS Energy To transfer interest in Steinway Creek Electric LLC and AE Investors LLC Generating Company LLC to AE Investors LLC

*PSC-10-04-00005-P ...... exempt Temporary protective order To consider adopting a protective order

*PSC-10-04-00008-P ...... exempt Interconnection agreement between Verizon To amend the agreement New York Inc. and VIC-RMTS-DC, L.L.C. d/b/a Verizon Avenue

*PSC-14-04-00008-P ...... exempt Submetering of natural gas service to To submeter gas service to commercial industrial and commercial customers by customers located at the Buffalo Speedway Hamburg Fairgrounds

*PSC-15-04-00022-P ...... exempt Submetering of electricity by Glenn Gardens To permit submetering at 175 W. 87th St., New Associates, L.P. York, NY

*PSC-21-04-00013-P ...... exempt Verizon performance assurance plan by To clarify the appropriate performance level Metropolitan Telecommunications

*PSC-22-04-00010-P ...... exempt Approval of new types of electricity meters by To permit the use of the PE-1250 electronic Powell Power Electric Company meter

*PSC-22-04-00013-P ...... exempt Major gas rate increase by Consolidated To increase annual gas revenues Edison Company of New York, Inc.

*PSC-22-04-00016-P ...... exempt Master metering of water by South Liberty To waive the requirement for installation of Corporation separate water meters

*PSC-25-04-00012-P ...... exempt Interconnection agreement between Frontier To amend the agreement Communications of Ausable Valley, Inc., et al. and Sprint Communications Company, L.P.

*PSC-27-04-00008-P ...... exempt Interconnection agreement between Verizon To amend the agreement New York Inc. and various Verizon wireless affiliates

26 NYS Register/May 31, 2017 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*PSC-27-04-00009-P ...... exempt Interconnection agreement between Verizon To amend the agreement New York Inc. and various Verizon wireless affiliates

*PSC-28-04-00006-P ...... exempt Approval of loans by Dunkirk & Fredonia To authorize participation in the parent Telephone Company and Cassadaga corporation’s line of credit Telephone Corporation

*PSC-31-04-00023-P ...... exempt Distributed generation service by To provide an application form Consolidated Edison Company of New York, Inc.

*PSC-34-04-00031-P ...... exempt Flat rate residential service by Emerald Green To set appropriate level of permanent rates Lake Louise Marie Water Company, Inc.

*PSC-35-04-00017-P ...... exempt Application form for distributed generation by To establish a new supplementary application Orange and Rockland Utilities, Inc. form for customers

*PSC-43-04-00016-P ...... exempt Accounts recievable by Rochester Gas and To include in its tariff provisions for the Electric Corporation purchase of ESCO accounts recievable

*PSC-46-04-00012-P ...... exempt Service application form by Consolidated To revise the form and make housekeeping Edison Company of New York, Inc. changes

*PSC-46-04-00013-P ...... exempt Rules and guidelines governing installation of To establish uniform statewide business metering equipment practices

*PSC-02-05-00006-P ...... exempt Violation of the July 22, 2004 order by To consider imposing remedial actions against Dutchess Estates Water Company, Inc. the company and its owners, officers and directors

*PSC-09-05-00009-P ...... exempt Submetering of natural gas service by Hamlet To consider submetering of natural gas to a on Olde Oyster Bay commercial customer

*PSC-14-05-00006-P ...... exempt Request for deferred accounting authorization To defer expenses beyond the end of the fiscal by Freeport Electric Inc. year

*PSC-18-05-00009-P ...... exempt Marketer Assignment Program by To implement the program Consolidated Edison Company of New York, Inc.

*PSC-20-05-00028-P ...... exempt Delivery point aggregation fee by Allied To review the calculation of the fee Frozen Storage, Inc.

*PSC-25-05-00011-P ...... exempt Metering, balancing and cashout provisions To establish provisions for gas customers by Central Hudson Gas & Electric Corporation taking service under Service Classification Nos. 8, 9 and 11

*PSC-27-05-00018-P ...... exempt Annual reconciliation of gas costs by New To consider the manner in which the gas cost York State Electric & Gas Corporation incentive mechanism has been applied

*PSC-41-05-00013-P ...... exempt Annual reconciliation of gas expenses and To consider the filings gas cost recoveries by local distribution companies and municipalities

*PSC-45-05-00011-P ...... exempt Treatment of lost and unaccounted gas costs To defer certain costs by Corning Natural Gas Corporation

27 Action Pending Index NYS Register/May 31, 2017 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*PSC-46-05-00015-P ...... exempt Sale of real and personal property by the To consider the sale Brooklyn Union Gas Company d/b/a KeySpan Energy Delivery New York and Steel Arrow, LLC

*PSC-47-05-00009-P ...... exempt Transferral of gas supplies by Corning Natural To approve the transfer Gas Corporation

*PSC-50-05-00008-P ...... exempt Long-term debt by Saratoga Glen Hollow To obtain long-term debt Water Supply Corp.

*PSC-04-06-00024-P ...... exempt Transfer of ownership interests by Mirant NY- To approve of the transfer Gen LLC and Orange and Rockland Utilities, Inc.

*PSC-06-06-00015-P ...... exempt Gas curtailment policies and procedures To examine the manner and extent to which gas curtailment policies and procedures should be modified and/or established

*PSC-07-06-00009-P ...... exempt Modification of the current Environmental To include an attributes accounting system Disclosure Program

*PSC-22-06-00019-P ...... exempt Hourly pricing by National Grid To assess the impacts

*PSC-22-06-00020-P ...... exempt Hourly pricing by New York State Electric & To assess the impacts Gas Corporation

*PSC-22-06-00021-P ...... exempt Hourly pricing by Rochester Gas & Electric To assess the impacts Corporation

*PSC-22-06-00022-P ...... exempt Hourly pricing by Consolidated Edison To assess the impacts Company of New York, Inc.

*PSC-22-06-00023-P ...... exempt Hourly pricing by Orange and Rockland To assess the impacts Utilities, Inc.

*PSC-24-06-00005-EP ...... exempt Supplemental home energy assistance To extend the deadline to Central Hudson’s benefits low-income customers

*PSC-25-06-00017-P ...... exempt Purchased power adjustment by Massena To revise the method of calculating the Electric Department purchased power adjustment and update the factor of adjustment

*PSC-34-06-00009-P ...... exempt Inter-carrier telephone service quality To incorporate appropriate modifications standards and metrics by the Carrier Working Group

*PSC-37-06-00015-P ...... exempt Procedures for estimation of customer bills by To consider estimation procedures Rochester Gas and Electric Corporation

*PSC-37-06-00017-P ...... exempt Procedures for estimation of customer bills by To consider estimation procedures Rochester Gas and Electric Corporation

*PSC-39-06-00018-P ...... exempt Order establishing rate plan by Central To consider the petitions for rehearing Hudson Gas & Electric Corporation and the Consumer Protection Board

*PSC-39-06-00019-P ...... exempt Investigation of Richard M. Osborne by To determine the interests, plans and Corning Natural Gas Corporation commitments that will be in place if he is successful in blocking the merger of Corning Gas and C&T Enterprises

28 NYS Register/May 31, 2017 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*PSC-39-06-00022-P ...... exempt Uniform business practices and related To establish a contest period matters by U.S. Energy Savings Corporation

*PSC-40-06-00005-P ...... exempt Orion Integral automatic meter reading To permit gas utilities in NYS to use the transmitter by New York State Electric and Badger Meter Incorporated Orion Integral Gas Corporation transmitters

*PSC-42-06-00011-P ...... exempt Submetering of electricity by 225 5th LLC To submeter electricity at 255 Fifth Ave., New York, NY

*PSC-43-06-00014-P ...... exempt Electric delivery services by Strategic Power To determine the proper mechanism for the Management, Inc. rate-recovery of costs

*PSC-44-06-00014-P ...... exempt Electric power outages in Northwest Queens To review the terms and conditions of the by Consolidated Edison Company of New agreement York, Inc.

*PSC-45-06-00007-P ...... exempt Alleged failure to provide electricity by Robert To assess validity of allegations and Andrews appropriateness of fines

*PSC-01-07-00031-P ...... exempt Enforcement mechanisms by National Fuel To modify enforcement mechanisms Gas Distribution Corporation

*PSC-04-07-00012-P ...... exempt Petition for rehearing by Orange and To clarify the order Rockland Utilities, Inc.

*PSC-06-07-00015-P ...... exempt Meter reading and billing practices by Central To continue current meter reading and billing Hudson Gas & Electric Corporation practices for electric service

*PSC-06-07-00020-P ...... exempt Meter reading and billing practices by Central To continue current meter reading and billing Hudson Gas & Electric Corporation practices for gas service

*PSC-11-07-00010-P ...... exempt Investigation of the electric power outages by To implement the recommendations in the the Consolidated Edison Company of New staff’s investigation York, Inc.

*PSC-11-07-00011-P ...... exempt Storm-related power outages by Consolidated To modify the company’s response to power Edison Company of New York, Inc. outages, the timing for any such changes and other related matters

*PSC-17-07-00008-P ...... exempt Interconnection agreement between Verizon To amend the agreement New York Inc. and BridgeCom International, Inc.

*PSC-18-07-00010-P ...... exempt Existing electric generating stations by To repower and upgrade existing electric Independent Power Producers of New York, generating stations owned by Rochester Gas Inc. and Electric Corporation

*PSC-20-07-00016-P ...... exempt Tariff revisions and making rates permanent To seek rehearing by New York State Electric & Gas Corporation

*PSC-21-07-00007-P ...... exempt Natural Gas Supply and Acquisition Plan by To revise the rates, charges, rules and Corning Natural Gas Corporation regulations for gas service

*PSC-22-07-00015-P ...... exempt Demand Side Management Program by To recover incremental program costs and lost Consolidated Edison Company of New York, revenue Inc.

29 Action Pending Index NYS Register/May 31, 2017 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*PSC-23-07-00022-P ...... exempt Supplier, transportation, balancing and To explicitly state in the company’s tariff that aggregation service by National Fuel Gas the threshold level of elective upstream Distribution Corporation transmission capacity is a maximum of 112,600 Dth/day of marketer-provided upstream capacity

*PSC-24-07-00012-P ...... exempt Gas Efficiency Program by the City of New To consider rehearing a decision establishing a York Gas Efficiency Program

*PSC-39-07-00017-P ...... exempt Gas bill issuance charge by New York State To create a gas bill issuance charge unbundled Electric & Gas Corporation from delivery rates

*PSC-41-07-00009-P ...... exempt Submetering of electricity rehearing To seek reversal

*PSC-42-07-00012-P ...... exempt Energy efficiency program by Orange and To consider any energy efficiency program for Rockland Utilities, Inc. Orange and Rockland Utilities, Inc.’s electric service

*PSC-42-07-00013-P ...... exempt Revenue decoupling by Orange and Rockland To consider a revenue decoupling mechanism Utilities, Inc. for Orange and Rockland Utilities, Inc.

*PSC-45-07-00005-P ...... exempt Customer incentive programs by Orange and To establish a tariff provision Rockland Utilities, Inc.

*PSC-02-08-00006-P ...... exempt Additional central office codes in the 315 area To consider options for making additional code region codes

*PSC-03-08-00006-P ...... exempt Rehearing of the accounting determinations To grant or deny a petition for rehearing of the accounting determinations

*PSC-04-08-00010-P ...... exempt Granting of easement rights on utility property To grant easement rights to Millennium Pipeline by Central Hudson Gas & Electric Corporation Company, L.L.C.

*PSC-04-08-00012-P ...... exempt Marketing practices of energy service To consider modifying the commission’s companies by the Consumer Protection Board regulation over marketing practices of energy and New York City Department of Consumer service companies Affairs

*PSC-08-08-00016-P ...... exempt Transfer of ownership by Entergy Nuclear To consider the transfer Fitzpatrick LLC, et al.

*PSC-12-08-00019-P ...... exempt Extend the provisions of the existing electric To consider the request rate plan by Rochester Gas and Electric Corporation

*PSC-12-08-00021-P ...... exempt Extend the provisions of the existing gas rate To consider the request plan by Rochester Gas and Electric Corporation

*PSC-13-08-00011-P ...... exempt Waiver of commission policy and NYSEG To grant or deny Turner’s petition tariff by Turner Engineering, PC

*PSC-13-08-00012-P ...... exempt Voltage drops by New York State Electric & To grant or deny the petition Gas Corporation

*PSC-23-08-00008-P ...... exempt Petition requesting rehearing and clarification To consider whether to grant or deny, in whole of the commission’s April 25, 2008 order or in part, the May 7, 2008 Public Utility Law denying petition of public utility law project Project (PULP) petition for rehearing and clarification of the commission’s April 25, 2008 order denying petition of Public Utility Law Project

30 NYS Register/May 31, 2017 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*PSC-23-08-00009-P ...... exempt The transfer of certain real property with an To consider the filing for the transfer of certain original cost under $100,000 in the Town of real property in the Town of Throop Throop

*PSC-25-08-00007-P ...... exempt Policies and procedures regarding the To establish policies and procedures regarding selection of regulatory proposals to meet the selection of regulatory proposals to meet reliability needs reliability needs

*PSC-25-08-00008-P ...... exempt Report on Callable Load Opportunities Rider U report assessing callable load opportunities in New York City and Westchester County during the next 10 years

*PSC-28-08-00004-P ...... exempt Con Edison’s procedure for providing To consider Con Edison’s implementation plan customers access to their account information and timetable for providing customers access to their account information

*PSC-31-08-00025-P ...... exempt Recovery of reasonable DRS costs from the To authorize recovery of the DRS costs from cost mitigation reserve (CMR) the CMR

*PSC-32-08-00009-P ...... exempt The ESCO referral program for KEDNY to be To approve, reject or modify, in whole or in implemented by October 1, 2008 part, KEDNY’s recommended ESCO referral program

*PSC-33-08-00008-P ...... exempt Noble Allegany’s request for lightened To consider Noble Allegany’s request for regulation lightened regulation as an electric corporation

*PSC-36-08-00019-P ...... exempt Land Transfer in the Borough of Manhattan, To consider petition for transfer of real property New York to NYPH

*PSC-39-08-00010-P ...... exempt RG&E’s economic development plan and Consideration of the approval of RG&E’s tariffs economic development plan and tariffs

*PSC-40-08-00010-P ...... exempt Loans from regulated company to its parent To determine if the cash management program resulting in loans to the parent should be approved

*PSC-41-08-00009-P ...... exempt Transfer of control of cable TV franchise To determine if the transfer of control of Margaretville’s cable TV subsidiary should be approved

*PSC-43-08-00014-P ...... exempt Annual Reconcilliation of Gas Expenses and The filings of various LDCs and municipalities Gas Cost Recoveries regarding their Annual Reconciliation of Gas Expenses and Gas Cost Recoveries

*PSC-46-08-00008-P ...... exempt Property transfer in the Village of Avon, New To consider a petition for the transfer of street York lighting and attached equipment to the Village of Avon, New York

*PSC-46-08-00010-P ...... exempt A transfer of indirect ownership interests in Consideration of approval of a transfer of nuclear generation facilities indirect ownership interests in nuclear generation facilities

*PSC-46-08-00014-P ...... exempt The attachment of cellular antennae to an To approve, reject or modify the request for electric transmission tower permission to attach cellular antennae to an electric transmission tower

*PSC-48-08-00005-P ...... exempt A National Grid high efficiency gas heating To expand eligibility to customers converting equipment rebate program from oil to natural gas

*PSC-48-08-00008-P ...... exempt Petition for the master metering and To consider the request of Bay City Metering, submetering of electricity to master meter & submeter electricity at 345 E. 81st St., New York, New York

31 Action Pending Index NYS Register/May 31, 2017 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*PSC-48-08-00009-P ...... exempt Petition for the submetering of electricity To consider the request of PCV/ST to submeter electricity at Peter Cooper Village & Stuyvesant Town, New York, New York

*PSC-50-08-00018-P ...... exempt Market Supply Charge A study on the implementation of a revised Market Supply Charge

*PSC-51-08-00006-P ...... exempt Commission’s October 27, 2008 Order on To consider a Petition for rehearing of the Future of Retail Access Programs in Case Commission’s October 27, 2008 Order in Case 07-M-0458 07-M-0458

*PSC-51-08-00007-P ...... exempt Commission’s October 27, 2008 Order in To consider Petitions for rehearing of the Cases 98-M-1343, 07-M-1514 and 08-G-0078 Commission’s October 27, 2008 Order in Cases 98-M-1343, 07-M-1514 and 08-G-0078

*PSC-53-08-00011-P ...... exempt Use of deferred Rural Telephone Bank funds To determine if the purchase of a softswitch by Hancock is an appropriate use of deferred Rural Telephone Bank funds

*PSC-53-08-00012-P ...... exempt Transfer of permanent and temporary Transfer of permanent and temporary easements at 549-555 North Little Tor Road, easements at 549-555 North Little Tor Road, New City, NY New City, NY

*PSC-53-08-00013-P ...... exempt To transfer common stock and ownership To consider transfer of common stock and ownership

*PSC-01-09-00015-P ...... exempt FCC decision to redefine service area of Review and consider FCC proposed Citizens/Frontier redefinition of Citizens/Frontier service area

*PSC-02-09-00010-P ...... exempt Competitive classification of independent local To determine if Chazy & Westport Telephone exchange company, and regulatory relief Corporation more appropriately belongs in appropriate thereto scenario 1 rather than scenario 2

*PSC-05-09-00008-P ...... exempt Revenue allocation, rate design, performance To consider any remaining non-revenue metrics, and other non-revenue requirement requirement issues related to the Company’s issues May 9, 2008 tariff filing

*PSC-05-09-00009-P ...... exempt Numerous decisions involving the steam To consider the long term impacts on steam system including cost allocation, energy rates and on public policy of various options efficiency and capital projects concerning the steam system

*PSC-06-09-00007-P ...... exempt Interconnection of the networks between To review the terms and conditions of the Frontier Comm. and WVT Communications negotiated agreement between Frontier Comm. for local exchange service and exchange and WVT Comm. access

*PSC-07-09-00015-P ...... exempt Transfer certain utility assets located in the To consider the request to transfer certain Town of Montgomery from plant held for utility assets located in the Town of future use to non-utility property Montgomery to non-utility assets

*PSC-07-09-00017-P ...... exempt Request for authorization to defer the To allow the company to defer the incremental incremental costs incurred in the restoration costs incurred in the restoration work resulting work resulting from the ice storm from the ice storm

*PSC-07-09-00018-P ...... exempt Whether to permit the submetering of natural To consider the request of Cooper Union, to gas service to an industrial and commercial submeter natural gas at 41 Cooper Square, customer at Cooper Union, New York, NY New York, New York

*PSC-12-09-00010-P ...... exempt Charges for commodity To charge customers for commodity costs

*PSC-12-09-00012-P ...... exempt Charges for commodity To charge customers for commodity costs

32 NYS Register/May 31, 2017 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*PSC-13-09-00008-P ...... exempt Options for making additional central office To consider options for making additional codes available in the 718/347 numbering central office codes available in the 718/347 plan area numbering plan area

*PSC-14-09-00014-P ...... exempt The regulation of revenue requirements for To determine whether the regulation of revenue municipal utilities by the Public Service requirements for municipal utilities should be Commission modified

*PSC-16-09-00010-P ...... exempt Petition for the submetering of electricity To consider the request of AMPS on behalf of Park Imperial to submeter electricity at 230 W. 56th Street, in New York, New York

*PSC-16-09-00020-P ...... exempt Whether SUNY’s core accounts should be Whether SUNY’s core accounts should be exempt from the mandatory assignment of exempt from the mandatory assignment of local distribution company (LDC) capacity local distribution company (LDC) capacity

*PSC-17-09-00010-P ...... exempt Whether to permit the use of Elster REX2 To permit electric utilities in New York State to solid state electric meter for use in residential use the Elster REX2 and commerical accounts

*PSC-17-09-00011-P ...... exempt Whether Brooklyn Navy Yard Cogeneration Whether Brooklyn Navy Yard Cogeneration Partners, L.P. should be reimbursed by Con Partners, L.P. should be reimbursed by Con Edison for past and future use taxes Edison for past and future use taxes

*PSC-17-09-00012-P ...... exempt Petition for the submetering of gas at To consider the request of Turner Construction, commercial property to submeter natural gas at 550 Short Ave., & 10 South St., Governors Island, NY

*PSC-17-09-00014-P ...... exempt Benefit-cost framework for evaluating AMI To consider a benefit-cost framework for programs prepared by the DPS Staff evaluating AMI programs prepared by the DPS Staff

*PSC-17-09-00015-P ...... exempt The construction of a tower for wireless To approve, reject or modify the petition to antennas on land owned by National Grid build a tower for wireless antennas in the Town of Onondaga

*PSC-18-09-00012-P ...... exempt Petition for rehearing of Order approving the To consider the request of Frank Signore to submetering of electricity rehear petition to submeter electricity at One City Place in White Plains, New York

*PSC-18-09-00013-P ...... exempt Petition for the submetering of electricity To consider the request of Living Opportunities of DePaul to submeter electricity at E. Main St. located in Batavia, New York

*PSC-18-09-00017-P ...... exempt Approval of an arrangement for attachment of To approve, reject or modify the petition for the wireless antennas to the utility’s transmission existing wireless antenna attachment to the facilities in the City of Yonkers utility’s transmission tower

*PSC-20-09-00016-P ...... exempt The recovery of, and accounting for, costs To consider a filing of the Companies as to the associated with the Companies’ advanced recovery of, and accounting for, costs metering infrastructure (AMI) pilots etc associated with it’s AMI pilots etc

*PSC-20-09-00017-P ...... exempt The recovery of, and accounting for, costs To consider a filing of CHG&E as to the associated with CHG&E’s AMI pilot program recovery of, and accounting for, costs associated with it’s AMI pilot program

*PSC-22-09-00011-P ...... exempt Cost allocation for Consolidated Edison’s East To determine whether any changes are River Repowering Project warranted in the cost allocation of Consolidated Edison’s East River Repowering Project

*PSC-25-09-00005-P ...... exempt Whether to grant, deny, or modify, in whole or Whether to grant, deny, or modify, in whole or in part, the petition in part, the petition

33 Action Pending Index NYS Register/May 31, 2017 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*PSC-25-09-00006-P ...... exempt Electric utility implementation plans for To determine if the proposed web based SIR proposed web based SIR application process systems are adequate and meet requirements and project status database needed for implementation

*PSC-25-09-00007-P ...... exempt Electric rates for Consolidated Edison Consider a Petition for Rehearing filed by Company of New York, Inc Consolidated Edison Company of New York, Inc

*PSC-27-09-00011-P ...... exempt Interconnection of the networks between To review the terms and conditions of the Vernon and tw telecom of new york I.p. for negotiated agreement between Vernon and tw local exchange service and exchange access. telecom of new york I.p.

*PSC-27-09-00014-P ...... exempt Billing and payment for energy efficiency To promote energy conservation measures through utility bill

*PSC-27-09-00015-P ...... exempt Interconnection of the networks between To review the terms and conditions of the Oriskany and tw telecom of new york l.p. for negotiated agreement between Oriskany and local exchange service and exchange access tw telecom of new york l.p

*PSC-29-09-00011-P ...... exempt Consideration of utility compliance filings Consideration of utility compliance filings

*PSC-32-09-00009-P ...... exempt Cost allocation for Consolidated Edison’s East To determine whether any changes are River Repowering Project warranted in the cost allocation of Consolidated Edison’s East River Repowering Project

*PSC-34-09-00016-P ...... exempt Recommendations made in the Management To consider whether to take action or Audit Final Report recommendations contained in the Management Audit Final Report

*PSC-34-09-00017-P ...... exempt To consider the transfer of control of To allow the Plattsburgh Cablevision, Inc. to Plattsburgh Cablevision, Inc. d/b/a Charter distribute its equity interest in CH Communications to CH Communications, LLC Communications, LLC

*PSC-36-09-00008-P ...... exempt The increase in the non-bypassable charge Considering exemptions from the increase in implemented by RG&E on June 1, 2009 the non-bypassable charge implemented by RG&E on June 1, 2009

*PSC-37-09-00015-P ...... exempt Sale of customer-generated steam to the Con To establish a mechanism for sale of customer- Edison steam system generated steam to the Con Edison steam system

*PSC-37-09-00016-P ...... exempt Applicability of electronic signatures to To determine whether electronic signatures can Deferred Payment Agreements be accepted for Deferred Payment Agreements

*PSC-39-09-00015-P ...... exempt Modifications to the $5 Bill Credit Program Consideration of petition of National Grid to modify the Low Income $5 Bill Credit Program

*PSC-39-09-00018-P ...... exempt The offset of deferral balances with Positive To consider a petition to offset deferral Benefit Adjustments balances with Positive Benefit Adjustments

*PSC-40-09-00013-P ...... exempt Uniform System of Accounts - request for To consider a petition to defer and amortize deferral and amortization of costs costs

*PSC-51-09-00029-P ...... exempt Rules and guidelines for the exchange of To revise the uniform Electronic Data retail access data between jurisdictional Interchange Standards and business practices utilities and eligible ESCOs to incorporate a contest period

*PSC-51-09-00030-P ...... exempt Waiver or modification of Capital Expenditure To allow the companies to expend less funds condition of merger for capital improvement than required by the merger

34 NYS Register/May 31, 2017 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*PSC-52-09-00006-P ...... exempt ACE’s petition for rehearing for an order To consider whether to change the Order regarding generator-specific energy Prescribing Study Methodology deliverability study methodology

*PSC-52-09-00008-P ...... exempt Approval for the New York Independent To finance the renovation and construction of System Operator, Inc. to incur indebtedness the New York Independent System Operator, and borrow up to $50,000,000 Inc.’s power control center facilities

*PSC-05-10-00008-P ...... exempt Petition for the submetering of electricity To consider the request of University Residences - Rochester, LLC to submeter electricity at 220 John Street, Henrietta, NY

*PSC-05-10-00015-P ...... exempt Petition for the submetering of electricity To consider the request of 243 West End Avenue Owners Corp. to submeter electricity at 243 West End Avenue, New York, NY

*PSC-06-10-00022-P ...... exempt The Commission’s Order of December 17, To reconsider the Commission’s Order of 2009 related to redevelopment of December 17, 2009 related to redevelopment Consolidated Edison’s Hudson Avenue of the Hudson Avenue generating facility generating facility

*PSC-07-10-00009-P ...... exempt Petition to revise the Uniform Business To consider the RESA petition to allow Practices rescission of a customer request to return to full utility service

*PSC-08-10-00007-P ...... exempt Whether to grant, deny, or modify , in whole Whether to grant, deny, or modify , in whole or or in part, the rehearing petition filed in Case in part, the rehearing petition filed in Case 06-E-0847 06-E-0847

*PSC-08-10-00009-P ...... exempt Consolidated Edison of New York, Inc. energy To modify approved energy efficiency programs efficiency programs

*PSC-12-10-00015-P ...... exempt Recommendations made by Staff intended to To require that Con Edison implement the Staff enhance the safety of Con Edison’s gas recommendations intended to enhance the operations safety of Con Edison’s gas operations

*PSC-14-10-00010-P ...... exempt Petition for the submetering of electricity To consider the request of 61 Jane Street Owners Corporation to submeter Electricity at 61 Jane Street, Manhattan, NY

*PSC-16-10-00005-P ...... exempt To consider adopting and expanding mobile Adopt additional mobile stray voltage testing stray voltage testing requirements requirements

*PSC-16-10-00007-P ...... exempt Interconnection of the networks between TDS To review the terms and conditions of the Telecom and PAETEC Communications for negotiated agreement between TDS Telecom local exchange service and exchange access and PAETEC Communications

*PSC-16-10-00015-P ...... exempt Interconnection of the networks between To review the terms and conditions of the Frontier and Choice One Communications for negotiated agreement between Frontier and local exchange service and exchange access Choice One Communications

*PSC-18-10-00009-P ...... exempt Electric utility transmission right-of-way To consider electric utility transmission right-of- management practices way management practices

*PSC-19-10-00022-P ...... exempt Whether National Grid should be permitted to To decide whether to approve National Grid’s transfer a parcel of property located at 1 Eddy request to transfer a parcel of vacant property Street, Fort Edward, New York in Fort Edward, New York

*PSC-22-10-00006-P ...... exempt Requirement that Noble demonstrate that its Consider requiring that Noble demonstrate that affiliated electric corporations operating in its affiliated electric corporations in New York New York are providing safe service are providing safe service

35 Action Pending Index NYS Register/May 31, 2017 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*PSC-22-10-00008-P ...... exempt Petition for the submetering of electricity To consider the request of 48-52 Franklin Street to submeter electricity at 50 Franklin Street, New York, New York

*PSC-24-10-00009-P ...... exempt Verizon New York Inc. tariff regulations To remove tariff regulations relating to retail relating to voice messaging service voice messaging service from Verizon New York Inc.’s tariff

*PSC-25-10-00012-P ...... exempt Reassignment of the 2-1-1 abbreviated dialing Consideration of petition to reassign the 2-1-1 code abbreviated dialing code

*PSC-25-10-00015-P ...... exempt To allow NYWC to defer and amortize, for Consideration of NYWC’s petition to defer and future rate recognition, pension settlement amortize, for future rate recognition, pension payout losses incurred in 2009 payout losses incurred in 2009

*PSC-27-10-00016-P ...... exempt Petition for the submetering of electricity To consider the request of 9271 Group, LLC to submeter electricity at 960 Busti Avenue, Buffalo, New York

*PSC-31-10-00007-P ...... exempt Waiver of the Attachment 23 requirement in To consider the waiver of the requirement that 2001 Rate Order that NMPC Board of a majority of NMPC Board of directors consist Directors consist of ‘‘outside directors’’ of ‘‘outside directors’’

*PSC-34-10-00003-P ...... exempt The modification of Central Hudson Gas & The modification of Central Hudson Gas & Electric Corporation’s Enhanced Powerful Electric Corporation’s Enhanced Powerful Opportunities Program Opportunities Program

*PSC-34-10-00005-P ...... exempt Approval of a contract for $250,000 in tank To decide whether to approve a contract repairs that may be a financing between the parties that may be a financing of $250,000 for tank repairs

*PSC-34-10-00006-P ...... exempt The modification of Central Hudson Gas & The modification of Central Hudson Gas & Electric Corporation’s Enhanced Powerful Electric Corporation’s Enhanced Powerful Opportunities Program Opportunities Program

*PSC-36-10-00010-P ...... exempt Central Hudson’s procedures, terms and Consideration of Central Hudson’s procedures, conditions for an economic development plan terms and conditions for an economic development plan

*PSC-40-10-00014-P ...... exempt Disposition of a state sales tax refund To determine how much of a state sales tax refund should be retained by National Grid

*PSC-40-10-00021-P ...... exempt Whether to permit the submetering of natural To permit the submetering of natural gas gas service to a commercial customer at service to a commercial customer at Quaker Quaker Crossing Mall Crossing Mall

*PSC-41-10-00018-P ...... exempt Amount of hourly interval data provided to Allow Central Hudson to provide less than a Hourly Pricing customers who have not years worth of interval data and charge for installed a phone line to read meter manual meter reading for some customers

*PSC-41-10-00022-P ...... exempt Request for waiver of the individual living unit Request for waiver of the individual living unit metering requirements at 5742 Route 5, metering requirements at 5742 Route 5, Vernon, NY Vernon, NY

*PSC-42-10-00011-P ...... exempt Petition for the submetering of electricity To consider the request of 4858 Group, LLC to submeter electricity at 456 Main Street, Buffalo, New York

*PSC-43-10-00016-P ...... exempt Utility Access to Ducts, Conduit Facilities and To review the complaint from Optical Utility Poles Communications Group

36 NYS Register/May 31, 2017 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*PSC-44-10-00003-P ...... exempt Third and fourth stage gas rate increase by To consider Corning Natural Gas Corporation’s Corning Natural Gas Corporation request for a third and fourth stage gas rate increase

*PSC-51-10-00018-P ...... exempt Commission proceeding concerning three- Investigate the consistency of the tariff phase electric service by all major electric provisions for three-phase electric service for utilities all major electric utilities

*PSC-11-11-00003-P ...... exempt The proposed transfer of 55.42 acres of land The proposed transfer of 55.42 acres of land and $1.4 million of revenues derived from the and $1.4 million of revenues derived from the rendition of public service rendition of public service

*PSC-12-11-00008-P ...... exempt To allow NYWC to defer and amortize, for Consideration of NYWC’s petition to defer and future rate recognition, pension settlement amortize, for future rate recognition, pension payout losses incurred in 2010 payout losses incurred in 2010

*PSC-13-11-00005-P ...... exempt Exclude the minimum monthly bill component Exclude the minimum monthly bill component from the earnings test calculation from the earnings test calculation

*PSC-13-11-00007-P ...... exempt Budget allocations and use of System To encourage cost effective gas and electric Benefits Charge funds to pay State Cost energy conservation in the State Recovery Fee

*PSC-14-11-00009-P ...... exempt Petition for the submetering of electricity To consider the request of 83-30 118th Street to submeter electricity at 83-30 118th Street, Kew Gardens, New York

*PSC-16-11-00011-P ...... exempt The Energy Efficiency Portfolio Standard To promote gas and electricity energy conservation programs in New York

*PSC-19-11-00007-P ...... exempt Utility price reporting requirements related to Modify the Commission’s utility electric the Commission’s ‘‘Power to Choose’’ website commodity price reporting requirements related to the ‘‘Power to Choose’’ website

*PSC-20-11-00012-P ...... exempt Petition for the submetering of electricity To consider the request of KMW Group LLC to submeter electricity at 122 West Street, Brooklyn, New York

*PSC-20-11-00013-P ...... exempt Determining the reasonableness of Niagara To determine if the make ready charges of Mohawk Power Corporation d/b/a National Niagara Mohawk Power Corporation d/b/a Grid ‘s make ready charges National Grid are reasonable

*PSC-22-11-00004-P ...... exempt Whether to permit the use of the Sensus To permit gas utilities in New York State to use accWAVE for use in residential gas meter the Sensus accWAVE diaphragm gas meter applications

*PSC-23-11-00018-P ...... exempt NYSERDA’s energy efficiency program for To promote energy conservation in New York low-income customers State

*PSC-26-11-00007-P ...... exempt Water rates and charges To approve an increase in annual revenues by about $25,266 or 50%

*PSC-26-11-00009-P ...... exempt Petition for the submetering of electricity at To consider the request of by Hoosick River commercial property Hardwoods, LLC to submeter electricity at 28 Taylor Avenue, in Berlin, New York

*PSC-26-11-00012-P ...... exempt Waiver of generation retirement notice Consideration of waiver of generation requirements retirement notice requirements

*PSC-29-11-00011-P ...... exempt Petition requesting the Commssion reconsider To consider whether to grant or deny, in whole its May 19, 2011 Order and conduct a or in part, Windstream New York’s Petition For hearing, and petition to stay said Order. Reconsideration and Rehearing.

37 Action Pending Index NYS Register/May 31, 2017 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*PSC-35-11-00011-P ...... exempt Whether to permit Consolidated Edison a Permit Consolidated Edison to conduct a waiver to commission regulations Part 226.8 inspection program in lieu of testing the accuracy of Category C meters

*PSC-36-11-00006-P ...... exempt To consider expanding mobile stray voltage Adopt additional mobile stray voltage testing testing requirements requirements

*PSC-38-11-00002-P ...... exempt Operation and maintenance procedures Adopt modified steam operation and pertaining to steam trap caps maintenance procedures

*PSC-38-11-00003-P ...... exempt Waiver of certain provisions of the electric Consideration of waiver of certain provisions of service tariffs of Con Edison the electric service tariffs of Con Edison

*PSC-40-11-00010-P ...... exempt Participation of regulated local exchange Whether to partially modify its order requiring carriers in the New York Data Exchange, Inc. regulated local exchange carriers’ participation (NYDE) NYDE

*PSC-40-11-00012-P ...... exempt Granting of transfer of plant in-service to a To approve transfer and recovery of regulatory asset unamortized plant investment

*PSC-42-11-00018-P ...... exempt Availability of telecommunications services in Providing funding support to help ensure New York State at just and reasonable rates availability of affordable telecommunications service throughout New York

*PSC-43-11-00012-P ...... exempt Transfer of outstanding shares of stock Transfer the issued outstanding shares of stock of The Meadows at Hyde Park Water-Works Corporation to HPWS, LLC

*PSC-47-11-00007-P ...... exempt Remedying miscalculations of delivered gas Consideration of Con Edison’s proposal to as between two customer classes address inter-class delivery imbalances resulting from past Company miscalculations

*PSC-48-11-00007-P ...... exempt Transfer of controlling interests in generation Consideration of the transfer of controlling facilities from Dynegy to PSEG interests in electric generation facilities from Dynegy to PSEG

*PSC-48-11-00008-P ...... exempt Petition for the submetering of electricity To consider the request of To Better Days, LLC to submeter electricity at 37 East 4th Street, New York, New York

*PSC-51-11-00010-P ...... exempt The Total Resource Cost (TRC) test, used to Petitioners request that the TRC test and/or its analyze measures in the Energy Efficiency application to measures should be revised Portfolio Standard program

*PSC-01-12-00007-P ...... exempt The New York State Reliability Council’s To adopt revisions to various rules and revisions to its rules and measurements measurements of the New York State Reliability Council

*PSC-01-12-00008-P ...... exempt Transfer of real property and easements from Consideration of the transfer of real property NMPNS to NMP3 and easements from NMPNS to NMP3

*PSC-01-12-00009-P ...... exempt Recovery of expenses related to the To determine how and to what extent expenses expansion of Con Edison’s ESCO referral related to the Expansion of Con Edison’s program, PowerMove ESCO referral program should be recovered

*PSC-11-12-00002-P ...... exempt Whether to grant, deny or modify, in whole or Whether to grant, deny or modify, in whole or part, Hegeman’s petition for a waiver of part, Hegeman’s petition for a waiver of Commission policy and Con Edison tariff Commission policy and Con Edison tariff

*PSC-11-12-00005-P ...... exempt Transfer of land and water supply assets Transfer the land and associated water supply assets of Groman Shores, LLC to Robert Groman

38 NYS Register/May 31, 2017 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*PSC-13-12-00005-P ...... exempt Authorization to transfer certain real property To decide whether to approve the transfer of certain real property

*PSC-19-12-00019-P ...... exempt EEPS programs administered by New York To modify the C&I sector by combining multiple State Electric & Gas Corporation and approved C&I programs into a single C&I Rochester Gas and Electric Corporation program for each PA

*PSC-19-12-00022-P ...... exempt Approval of a combined heat and power Modify NYSERDA’s EEPS programs budget performance program funding plan and targets to fund the CHP program administered by NYSERDA

*PSC-19-12-00023-P ...... exempt Petition for approval pursuant to Section 70 To consider whether to grant, deny or modify, for the sale of goods with an original cost of in whole or in part, the petition filed by Orange less than $100,000 and Rockland Utilities, Inc.

*PSC-21-12-00006-P ...... exempt Tariff filing requirements and refunds To determine if certain agreements should be filed pursuant to the Public Service Law and if refunds are warranted

*PSC-21-12-00011-P ...... exempt Whether to grant, deny or modify, in whole or Whether to grant, deny or modify, in whole or part, the petition for waiver of tariff Rules 8.6 part, the petition for waiver of tariff Rules 8.6 and 47 and 47

*PSC-23-12-00005-P ...... exempt EEPS multifamily programs administered by To redesign the multifamily electric and gas Consolidated Edison Company of New York, programs and modify the budgets and targets Inc.

*PSC-23-12-00007-P ...... exempt The approval of a financing upon a transfer to To consider the approval of a financing upon a Alliance of upstream ownership interests in a transfer to Alliance of upstream ownership generation facility interests in a generation facility

*PSC-23-12-00009-P ...... exempt Over earnings sharing between rate payers To establish an Earnings Sharing Mechanism and shareholders to be applied following the conclusion of Corning’s rate plan

*PSC-27-12-00012-P ...... exempt Implementation of recommendations made in To consider implementation of a Management Audit Report recommendations made in a Management Audit Report

*PSC-28-12-00013-P ...... exempt Exemption of reliability reporting statistics for Consideration of Orange and Rockland Utilities the purpose of the 2012 Reliability request for exemption of the 2012 reliability Performance Mechanism reporting statistics

*PSC-29-12-00019-P ...... exempt Waiver of 16 NYCRR 894.1 through 894.4 To allow the Town of Hamden to waive certain preliminary franchising procedures to expedite the franchising process.

*PSC-30-12-00010-P ...... exempt Waiver of 16 NYCRR 894.1 through 894.4 To allow the Town of Andes to waive certain preliminary franchising procedures to expedite the franchising process

*PSC-33-12-00009-P ...... exempt Telecommunications companies ability to Consideration of Tech Valley’s ability to attach attach to utility company poles to Central Hudson poles

*PSC-35-12-00014-P ...... exempt To implement an abandonment of White To approve the implementation of Knight’s water system abandonment of White Knight’s water system

*PSC-37-12-00009-P ...... exempt Proposed modification by Con Edison of its Proposed modification by Con Edison of its procedures to calculate estimated bills to its procedures to calculate estimated bills to its customers customers

39 Action Pending Index NYS Register/May 31, 2017 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*PSC-42-12-00009-P ...... exempt Regulation of Gipsy Trail Club, Inc.’s long- To exempt Gipsy Trail Club, Inc. from term financing agreements Commission regulation of its financing agreements

*PSC-45-12-00008-P ...... exempt Whether to grant, deny or modify, in whole or Whether to grant, deny or modify, in whole or part, ESHG’s petition for a waiver of part, ESHG’s petition for a waiver of Commission policy and RG&E tariff Commission policy and RG&E tariff

*PSC-45-12-00010-P ...... exempt Whether to grant, deny or modify, in whole or Whether to grant, deny or modify, in whole or in part the petition of Con Edison to grant in part the petition of Con Edison to grant easements to Millwood Fire District easements to Millwood Fire District

*PSC-50-12-00003-P ...... exempt Affiliate standards for Corning Natural Gas To resolve issues raised by Corning Natural Corporation Gas Corporation in its petition for rehearing

*PSC-04-13-00006-P ...... exempt Expansion of mandatory day ahead hourly To consider the expansion of mandatory day pricing for customers of Orange and Rockland ahead hourly pricing for customers with Utilities with demands above 100 kW demands above 100 kW

*PSC-04-13-00007-P ...... exempt Authorization to transfer certain real property. To decide whether to approve the transfer of certain real property.

*PSC-06-13-00008-P ...... exempt Verizon New York Inc.’s retail service quality To investigate Verizon New York Inc.’s retail service quality

*PSC-08-13-00012-P ...... exempt Filing requirements for certain Article VII To ensure that applications for certain electric electric facilities transmission facilities contain pertinent information

*PSC-08-13-00014-P ...... exempt Uniform System of Accounts - Request for To allow the company to defer an item of Accounting Authorization expense or capital beyond the end of the year in which it was incurred

*PSC-12-13-00007-P ...... exempt Protecting company water mains To allow the company to require certain customers to make changes to the electrical grounding system at their homes

*PSC-13-13-00008-P ...... exempt The potential waiver of 16 NYCRR To determine whether a waiver of the timely 255.9221(d) completion of integrity completion of certain gas transmission line assessments for certain gas transmission integrity assessments should be granted. lines.

*PSC-17-13-00008-P ...... exempt Provision of historical utility pricing information Provision of historical utility pricing information for comparison purposes for residential ESCO for comparison purposes for residential ESCO customers customers

*PSC-17-13-00010-P ...... exempt Provision of historical pricing information for Provision of historical pricing information for comparison purposes for residential ESCO comparison purposes for residential ESCO customers customers

*PSC-18-13-00007-P ...... exempt Whether Demand Energy Networks energy Whether Demand Energy Networks energy storage systems should be designated storage systems should be designated technologies for standby rate eligibility technologies for standby rate eligibility purposes purposes

*PSC-21-13-00003-P ...... exempt To consider policies that may impact To consider and further develop policies that consumer acceptance and use of electric may impact consumer acceptance and use of vehicles electric vehicles

*PSC-21-13-00005-P ...... exempt To implement an abandonment of Windover’s To approve the implementation of water system abandonment of Windover’s water system

40 NYS Register/May 31, 2017 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*PSC-21-13-00008-P ...... exempt Rates of National Fuel Gas Distribution To make the rates of National Fuel Gas Corporation Distribution Corporation temporary, subject to refund, if they are found to be excessive

*PSC-21-13-00009-P ...... exempt Reporting requirements for natural gas local To help ensure efficient and economic distribution companies expansion of the natural gas system as appropriate

*PSC-22-13-00009-P ...... exempt On remand from New York State court On remand, to determine the recovery of litigation, determine the recovery of certain certain deferral amounts owed NFG from deferred amounts owed NFG by ratepayers ratepayers

*PSC-23-13-00005-P ...... exempt Waiver of partial payment, directory database Equalize regulatory treatment based on level of distribution, service quality reporting, and competition and practical considerations service termination regulations

*PSC-25-13-00008-P ...... exempt To deny, grant or modify, in whole or in part, To deny, grant or modify, in whole or in part, Central Hudson’s rehearing request. Central Hudson’s rehearing request.

*PSC-25-13-00009-P ...... exempt Provision by utilities of natural gas main and To help ensure efficient and economic service lines. expansion of the natural gas system as appropriate.

*PSC-25-13-00012-P ...... exempt To deny, grant or modify, in whole or in part, To deny, grant or modify, in whole or in part, Central Hudson’s rehearing request. Central Hudson’s rehearing request.

*PSC-27-13-00014-P ...... exempt Columbia Gas Transmission Corporation Cost For approval for temporary waiver of tariff Refund provisions regarding its Columbia Gas Transmission Corporation cost refund.

*PSC-28-13-00014-P ...... exempt Provision for the recovery and allocation of To consider the recovery and allocation of costs of transmission projects that reduce costs of transmission projects that reduce congestion on certain interfaces congestion on certain interfaces

*PSC-28-13-00016-P ...... exempt The request of NGT for lightened regulation To consider whether to approve, reject, or as a gas corporation. modify the request of Niagara gas transport of Lockport, NY LLC.

*PSC-28-13-00017-P ...... exempt The request by TE for waiver of regulations Consider the request by TE for waiver of requiring that natural gas be odorized in regulations that gas be odorized in certain lines certain gathering line segments

*PSC-32-13-00009-P ...... exempt To consider the definition of ‘‘misleading or To consider the definition of ‘‘misleading or deceptive conduct’’ in the Commission’s deceptive conduct’’ in the Commission’s Uniform Business Practices Uniform Business Practices

*PSC-32-13-00010-P ...... exempt Permission to write off and eliminate record To allow write off and eliminate record keeping keeping for regulatory reserves for Pensions of Pension and Other Post Retirement Benefits and Other Post Retirement Benefits Reserves

*PSC-32-13-00012-P ...... exempt To consider whether NYSEG should be To consider whether NYSEG should be required to undertake actions to protect its required to undertake actions to protect its name and to minimize customer confusion name and to minimize customer confusion

*PSC-33-13-00027-P ...... exempt Waive underground facility requirements for Determine whether Chapin Lumberland, LLC new construction in residential subdivisions to subdivision will be allowed overhead electric allow for overhead electric lines. distribution and service lines.

*PSC-33-13-00029-P ...... exempt Deferral of incremental costs associated with To consider a petition by Con Edison to defer the restoration of steam service following certain incremental steam system restoration Superstorm Sandy. costs relating to Superstorm Sandy.

41 Action Pending Index NYS Register/May 31, 2017 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*PSC-34-13-00004-P ...... exempt Escrow account and surcharge to fund To approve the establishment of an escrow extraordinary repairs account and surcharge

*PSC-37-13-00007-P ...... exempt Dissolution of Garrow Water Works Company, To allow for the dissolution of Garrow Water Inc.. Works Company, Inc.

*PSC-39-13-00010-P ...... exempt NY-Sun initiative within the Customer-Sited To increase the statewide adoption of customer Tier of the RPS Program. sited photovoltaic solar generation through the NY-Sun Initiative.

*PSC-42-13-00013-P ...... exempt Failure to Provide Escrow Information The closure of the Escrow Account

*PSC-42-13-00015-P ...... exempt Failure to Provide Escrow Information The closure of the Escrow Account

*PSC-43-13-00015-P ...... exempt Petition for submetering of electricity To consider the request of 2701 Kingsbridge Terrace L.P. to submeter electricity at 2701 Kingsbridge Terrace, Bronx, N.Y.

*PSC-45-13-00021-P ...... exempt Investigation into effect of bifurcation of gas To consider a Petition for an investigation into and electric utility service on Long Island. effect of bifurcation of gas and electric utility service on Long Island.

*PSC-45-13-00022-P ...... exempt Waiver of PSC regulations, 16 NYCRR To consider a waiver of certain regulations section 88.4(a)(4) relating to the content of an application for transmission line siting

*PSC-45-13-00023-P ...... exempt Waiver of PSC regulations, 16 NYCRR To consider a waiver of certain regulations section 88.4(a)(4). relating to the content of an application for transmission line siting

*PSC-45-13-00024-P ...... exempt Waiver of PSC regulations, 16 NYCRR To consider a waiver of certain regulations section 88.4(a)(4); waiver of filing deadlines. relating to the content of an application for transmission line siting

*PSC-45-13-00025-P ...... exempt Waiver of PSC regulations, 16 NYCRR To consider a waiver of certain regulations section 88.4(a)(4). relating to the content of an application for transmission line siting

*PSC-47-13-00009-P ...... exempt Petition for submetering of electricity. To consider the request of Hegeman Avenue Housing L.P. to submeter electricity at 39 Hegeman Avenue, Brooklyn, N.Y.

*PSC-47-13-00012-P ...... exempt Conditioning,restricting or prohibiting the Consideration of conditioning,restricting or purchase of services by NYSEG and RG&E prohibiting the purchase of services by NYSEG from certain affiliates. and RG&E from certain affiliates.

*PSC-49-13-00008-P ...... exempt Authorization to transfer all of Crystal Water To allow Crystal Water Supply Company, Inc to Supply Company, Inc. stocks to Essel Infra transfer all of its issued and outstanding stocks West Inc. to Essel Infra West Inc.

*PSC-51-13-00009-P ...... exempt Consolidated Edison proposing to use data To ensure there is a reasonable basis for data from a test period ending September 30, submitted in support of a request for a change 2013 to support its next rate filing. in rates.

*PSC-51-13-00010-P ...... exempt Consolidated Edison proposing to use data To ensure there is a reasonable basis for data from a test period ending September 30, submitted in support of a request for a change 2013 to support its next rate filing. in rates.

*PSC-51-13-00011-P ...... exempt Consolidated Edison proposing to use data To ensure there is a reasonable basis for data from a test period ending September 30, submitted in support of a request for a change 2013 to support its next rate filing. in rates.

42 NYS Register/May 31, 2017 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*PSC-52-13-00012-P ...... exempt The development of reliability contingency To address the petition for rehearing and plan(s) to address the potential retirement of reconsideration/motion for clarification of the Indian Point Energy Center (IPEC). IPEC reliability contingency plan(s).

*PSC-52-13-00015-P ...... exempt To enter into a loan agreement with the banks To consider allowing Knolls Water Company to for up to an amount of $94,000. enter into a long-term loan agreement.

*PSC-04-14-00005-P ...... exempt National Fuel Gas Corporation’s Conservation To modify National Fuel Gas Corporation’s Incentive Programs. Non-Residential Conservation Incentive Program.

*PSC-05-14-00010-P ...... exempt The New York State Reliability Council’s To adopt revisions to various rules and revisions to its rules and measurements measurements of the New York State Reliability Council

*PSC-07-14-00008-P ...... exempt Petition for submetering of electricity To consider the request of Greater Centennial Homes HDFC, Inc. to submeter electricity at 102, 103 and 106 W 5th Street, et al.

*PSC-07-14-00012-P ...... exempt Water rates and charges Implementation of Long-Term Water Supply Surcharge to recover costs associated with the Haverstraw Water Supply Project

*PSC-08-14-00015-P ...... exempt Verizon New York Inc.’s service quality and To improve Verizon New York Inc.’s service Customer Trouble Report Rate (CTRR) levels quality andthe Customer Trouble Report Rate at certain central office entities levels at certain central office entities

*PSC-10-14-00006-P ...... exempt Actions to facilitate the availability of ESCO To facilitate ESCO value-added offerings and to value-added offerings, ESCO eligibility and make changes to ESCO eligibility and to ESCO compliance ensure ESCO compliance

*PSC-11-14-00003-P ...... exempt Provision for the recovery and allocation of To consider the recovery and allocation of costs of transmission projects that reduce costs of transmission projects that reduce congestion on certain interfaces congestion on certain interfaces

*PSC-16-14-00014-P ...... exempt Whether to order NYSEG to provide gas To order gas service to customers in the Town service to customers when an expanded of Plattsburgh after approval of a town wide CPCN is approved and impose PSL 25-a CPCN and to impose penalties. penalties.

*PSC-16-14-00015-P ...... exempt Whether Central Hudson should be permitted Consideration of the petition by Central Hudson to defer obligations of the Order issued on to defer reporting obligations of the October 18, October 18, 2013 in Case 13-G-0336. 2013 Order in Case 13-G-0336

*PSC-16-14-00016-P ...... exempt Waiver of Commission regulations governing Consider United Water New York Inc.’s termination of service. proposal to expand termination of service provisions.

*PSC-17-14-00003-P ...... exempt Con Edison’s Report on its 2013 performance Con Edison’s Report on its 2013 performance under the Electric Service Reliability under the Electric Service Reliability Performance Mechanism Performance Mechanism

*PSC-17-14-00004-P ...... exempt To consider certain portions of petitions for To consider certain portions of petitions for rehearing, reconsideration and/or clarification rehearing, reconsideration and/or clarification

*PSC-17-14-00007-P ...... exempt To consider petitions for rehearing, To consider petitions for rehearing, reconsideration and/or clarification reconsideration and/or clarification

*PSC-17-14-00008-P ...... exempt To consider certain portions of petitions for To consider certain portions of petitions for rehearing, reconsideration and/or clarification rehearing, reconsideration and/or clarification

43 Action Pending Index NYS Register/May 31, 2017 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*PSC-19-14-00014-P ...... exempt Market Supply Charge To make tariff revisions to the Market Supply Charge for capacity related costs

*PSC-19-14-00015-P ...... exempt Whether to permit the use of the Sensus To permit gas utilities in New York State to use accuWAVE for use in residential and the Sensus accuWAVE 415TC gas meter commercial gas meter applications

*PSC-19-14-00018-P ...... exempt Uniform System of Accounts, deferral of an Authorization of a deferral for an expense item expense item beyond the end of the year in which it was incurred

*PSC-22-14-00013-P ...... exempt Petition to transfer and merge systems, To consider the Comcast and Time Warner franchises and assets. Cable merger and transfer of systems, franchises and assets.

*PSC-23-14-00010-P ...... exempt Whether to permit the use of the GE Dresser To permit gas utilities in New York State to use Series B3-HPC 11M-1480 rotary gas met for the GE Dresser Series B3-HPC 11M-1480 use in industrial gas meter applications rotary gas meter

*PSC-23-14-00014-P ...... exempt Waiver of the negative revenue adjustment Consideration of KEDLI’s waiver request associated with KEDLI’s 2013 Customer pertaining to its 2013 performance under its Satisfaction Performance Metric Customer Satisfaction Metric

*PSC-24-14-00005-P ...... exempt To examine LDC’s performance and To improve gas safety performance. performance measures.

*PSC-26-14-00010-P ...... exempt Petitioner requests an order authorizing its To enable continued operation of a 21 MW participation in the next Main Tier solicitation biomass fueled electric generating facility in offered under the RPS Program. Chateaugay, New York.

*PSC-26-14-00013-P ...... exempt Waiver of RG&E’s tariffed definition of To consider waiver of RG&E’s tariffed definition emergency generator. of emergency generator.

*PSC-26-14-00017-P ...... exempt Existing ratemaking and rate design practices To use the Commission’s ratemaking authority will be revised with a focus on outcomes and to foster a DER-intensive system. incentives.

*PSC-26-14-00020-P ...... exempt New electric utility backup service tariffs and To encourage development of microgrids that standards for interconnection may be enhance the efficiency, safety, reliability and adopted. resiliency of the electric grid.

*PSC-26-14-00021-P ...... exempt Consumer protections, standards and To balance the need for the information protocols pertaining to access to customer necessary to support a robust market with data may be established. customer privacy concerns.

*PSC-28-14-00014-P ...... exempt Petition to transfer systems, franchises and To consider the Comcast and Charter transfer assets. of systems, franchise and assets.

*PSC-30-14-00023-P ...... exempt Whether to permit the use of the Sensus Pursuant to 16 NYCRR Part 500.3 , it is iPERL Fire Flow Meter. necessary to permit the use of the Sensus iPERL Fire Flow Meter.

*PSC-30-14-00025-P ...... exempt Allocation of uncommitted Technology and To consider allocation of uncommitted Market Development Funds to the Combined Technology & Market Development Funds to Heat & Power Performance Program. the Combined Heat & Power Performance Program.

*PSC-30-14-00026-P ...... exempt Petition for a waiver to master meter Considering the request of Renaissance electricity. Corporation of to master meter electricity at 100 Union Drive,Albany, NY.

44 NYS Register/May 31, 2017 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*PSC-31-14-00004-P ...... exempt To transfer 100% of the issued and To transfer 100% of the issued and outstanding outstanding stock from Vincent Cross to stock from Vincent Cross to Bonnie and Bonnie and Michael Cross Michael Cross

*PSC-32-14-00012-P ...... exempt Whether to grant or deny, in whole or in part, To consider the Connect New York Coalition’s the Connect New York Coalition’s petition petition seeking a formal investigation and hearings

*PSC-34-14-00009-P ...... exempt Whether to approve the Quadlogic S10N Approval of the Quadlogic S10N Smart Meter residential submeter. for use in residential electric submetering is required by 16 NYCRR Parts 93 and 96.

*PSC-35-14-00004-P ...... exempt Regulation of a proposed electricity To consider regulation of a proposed electricity generation facility located in the Town of generation facility located in the Town of Brookhaven, NY Brookhaven, NY

*PSC-35-14-00005-P ...... exempt Whether to permit the use of the Sensus Pursuant to 16 NYCRR Parts 92 and 93, iConA electric meter Commission approval is necessary to permit the use of the Sensus iConA electric meter

*PSC-36-14-00009-P ...... exempt Modification to the Commission’s Electric To consider revisions to the Commission’s Safety Standards. Electric Safety Standards.

*PSC-36-14-00010-P ...... exempt The procurement of Main Tier renewable To ensure the development of large-scale resources will become the responsibility of the remnewables in New York State to promote State’s electric utilities. fuel diversity and reduce carbon emissions.

*PSC-36-14-00011-P ...... exempt To defer pension settlement losses associated To resolve the ratemaking of the pension with retirements in the year ended March 31, settlement loss. 2014.

*PSC-38-14-00003-P ...... exempt Whether to approve, reject or modify, in whole Whether to approve, reject or modify, in whole or in part a time-sensitive rate pilot program. or in part a time-sensitive rate pilot program.

*PSC-38-14-00004-P ...... exempt The study and petition of Con Edison The study and petition of Con Edison regarding regarding use, accounting and ratemaking use, accounting and ratemaking treatment for treatment for 11-23 and 2-28 Hudson Ave. 11-23 and 2-28 Hudson Ave. Brooklyn. Brooklyn.

*PSC-38-14-00005-P ...... exempt Action on the report and petition of Con Action on the report and petition of Con Edison Edison regarding the Storm Hardening and regarding the Storm Hardening and Resiliency Resiliency Collaborative, Phase 2. Collaborative, Phase 2.

*PSC-38-14-00007-P ...... exempt Whether to expand Con Edison’s low income Whether to expand Con Edison’s low income program to include Medicaid recipients. program to include Medicaid recipients.

*PSC-38-14-00008-P ...... exempt The study and petition of Con Edison The study and petition of Con Edison regarding regarding use, accounting and ratemaking use, accounting and ratemaking treatment for treatment for 11-23 and 2-28 Hudson Ave. 11-23 and 2-28 Hudson Ave. Brooklyn. Brooklyn.

*PSC-38-14-00010-P ...... exempt Inter-carrier telephone service quality To review recommendations from the Carrier standard and metrics and administrative Working Group and incorporate appropriate changes. modifications to the existing Guidelines.

*PSC-38-14-00012-P ...... exempt Action on the report and petition of Con Action on the report and petition of Con Edison Edison regarding the Storm Hardening and regarding the Storm Hardening and Resiliency Resiliency Collaborative, Phase 2. Collaborative, Phase 2.

*PSC-38-14-00018-P ...... exempt New electric utility demand response tariffs To develop mature DER markets by enabling may be adopted. the development and use of DR as an economic system resource.

45 Action Pending Index NYS Register/May 31, 2017 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*PSC-39-14-00020-P ...... exempt Whether to permit the use of the Mueller Pursuant to 16 NYCRR section 500.3, whether Systems 400 Series and 500 Series of water to permit the use of the Mueller Systems 400, meters and 500 Series of water meters

*PSC-40-14-00008-P ...... exempt To consider granting authorization for Buy To consider granting authorization for Buy Energy Direct to resume marketing to Energy Direct to resume marketing to residential customers. residential customers.

*PSC-40-14-00009-P ...... exempt Whether to permit the use of the Itron Open Pursuant to 16 NYCRR Parts 93, is necessary Way Centron Meter with Hardware 3.1 for to permit the use of the Itron Open Way AMR and AMI functionality. Centron Meter with Hardware 3.1.

*PSC-40-14-00011-P ...... exempt Late Payment Charge. To modify Section 7.6 - Late Payment Charge to designate a specific time for when a late payment charge is due.

*PSC-40-14-00013-P ...... exempt Regulation of a proposed natural gas pipeline To consider regulation of a proposed natural and related facilities located in the Town of gas pipeline and related facilities located in the Ticonderoga, NY. Town of Ticonderoga, NY.

*PSC-40-14-00014-P ...... exempt Waiver of 16 NYCRR Sections 894.1 through To allow the Town of Goshen, NY, to waive 894.4(b)(2) certain preliminary franchising procedures to expedite the franchising process.

*PSC-40-14-00015-P ...... exempt Late Payment Charge. To modify Section 6.6 - Late Payment Charge to designate a specific time for when a late payment charge is due.

*PSC-42-14-00003-P ...... exempt Annual Reconciliation of Gas Expenses and The filings of various LDCs and municipalities Gas Cost Recoveries regarding their Annual Reconciliation of Gas Expenses and Gas Cost Recoveries

*PSC-42-14-00004-P ...... exempt Winter Bundled Sales Service Option To modify SC-11 to remove language relating to fixed storage charges in the determination of the Winter Bundled Sales charge

*PSC-48-14-00014-P ...... exempt Considering the recommendations contained To consider the recommendations contained in in Staff’ s electric outage investigation report Staff’s electric outage investigation report for for MNRR, New Haven Line. MNRR, New Haven Line.

*PSC-52-14-00019-P ...... exempt Petition for a waiver to master meter Considering the request of 614 South Crouse electricity. Avenue, LLC to master meter electricity at 614 South Crouse Avenue, Syracuse, NY..

*PSC-01-15-00014-P ...... exempt State Universal Service Fund Disbursements To consider Edwards Telephone Company’s request for State Universal Service Fund disbursements

*PSC-08-15-00009-P ...... exempt Approval of a surcharge. To allow or disallow Emerald Green Lake Louise Marie Water Company, Inc. for a surcharge.

*PSC-08-15-00010-P ...... exempt Request pertaining to the lawfulness of To grant, deny, or modify URAC Rate National Grid USA continuing its summary Consultants’ request that National Grid cease billing program. its summary billing program.

*PSC-10-15-00007-P ...... exempt Notification concerning tax refunds To consider Verizon New York Inc.’s partial rehearing or reconsideration request regarding retention of property tax refunds

46 NYS Register/May 31, 2017 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*PSC-10-15-00008-P ...... exempt Whether to waive Policy on Test Periods in Whether to waive Policy on Test Periods in Major Rate Proceedings and provide authority Major Rate Proceedings and provide authority to file tariff changes to file tariff changes

*PSC-10-15-00009-P ...... exempt Contingency Tariffs regarding demand To consider Contingency Tariffs regarding response issues demand response issues

*PSC-12-15-00007-P ...... exempt The Annual Reconciliation of Gas Expenses Examine the Annual Reconciliation of Gas and Gas Cost Recoveries codified at Title 16 Expenses and Gas Cost Recoveries NYCRR Section 720.6.5 mechanism

*PSC-13-15-00024-P ...... exempt Whether Leatherstocking should be permitted To decide whether to approve to recover a shortfall in earnings Leatherstocking’s request to recover a shortfall in earnings

*PSC-13-15-00026-P ...... exempt Whether to permit the use of the Sensus To permit the use of the Sensus Smart Point Smart Point Gas AMR/AMI product Gas AMR/AMI product

*PSC-13-15-00027-P ...... exempt Whether to permit the use of the Measurlogic To permit the use of the Measurlogic DTS 310 DTS 310 electric submeter submeter

*PSC-13-15-00028-P ...... exempt Whether to permit the use of the SATEC To permit necessary to permit the use of the EM920 electric meter SATEC EM920 electric meter

*PSC-13-15-00029-P ...... exempt Whether to permit the use the Triacta Power To permit the use of the Triacta submeters Technologies 6103, 6112, 6303, and 6312 electric submeters

*PSC-17-15-00004-P ...... exempt Rehearing of the Commission’s Order Consideration of a petition for rehearing Adopting Regulatory Policy Framework and Implementation Plan

*PSC-17-15-00007-P ...... exempt To consider the petition of Leatherstocking To consider the petition of Leatherstocking Gas Gas Company, LLC seeking authority to issue Company, LLC seeking authority to issue long- long-term debt of $2.75 million term debt of $2.75 million

*PSC-18-15-00005-P ...... exempt Con Edison’s Report on its 2014 performance Con Edison’s Report on its 2014 performance under the Electric Service Reliability under the Electric Service Reliability Performance Mechanism Performance Mechanism

*PSC-19-15-00011-P ...... exempt Gas Safety Performance Measures and To update the performance measures associated negative revenue adjustments applicable to KeySpan Gas East Corporation d/b/a National Grid

*PSC-20-15-00006-P ...... exempt Implementation of the proposed Microgrid Consider implementation of the proposed Business Model as a reliability and demand Microgrid Business Model as a reliability and management resource demand management resource

*PSC-22-15-00015-P ...... exempt To consider the request for waiver of the To consider the request for waiver of the individual residential unit meter requirements individual residential unit meter requirements and 16 NYCRR 96.1(a) and 16 NYCRR 96.1(a)

*PSC-23-15-00005-P ...... exempt The modification of New York American Whether to adopt the terms of the Joint Water’s current rate plan Proposal submitted by NYAW and DPS Staff

*PSC-23-15-00006-P ...... exempt The modification of New York American Whether to adopt the terms of the Joint Water’s current rate plan Proposal submitted by NYAW and DPS Staff

*PSC-25-15-00008-P ...... exempt Notice of Intent to Submeter electricity. To consider the request of 165 E 66 Residences, LLC to submeter electricity at 165 East 66th Street, New York, New York.

47 Action Pending Index NYS Register/May 31, 2017 Agency I.D. No. Expires Subject Matter Purpose of Action

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*PSC-27-15-00014-P ...... exempt Authorization for NYAW to accrue interest on To allow NYAW to accrue interest on internal internal reserve debit balances reserve debit balances

*PSC-29-15-00018-P ...... exempt Approval of ratemaking related to amendment To approve or reject the ratemaking aspects of a certificate of public convenience and SLG’s petition to amend its certificate of public necessity convenience and necessity

*PSC-29-15-00025-P ...... exempt Joint Petition for authority to transfer real Whether to authorize the proposed transfer of property located at 624 West 132nd Street, real property located at 624 West 132nd Street, New York, NY New York, NY

*PSC-32-15-00006-P ...... exempt Development of a Community Solar To approve the development of a Community Demonstration Project. Solar Demonstration Project.

*PSC-32-15-00012-P ...... exempt Proposed standards for Commission oversight To consider proposed standards for of Distributed Energy Resource suppliers. Commission oversight of Distributed Energy Resource suppliers.

*PSC-33-15-00009-P ...... exempt Remote net metering of a demonstration To consider approval of remote net metering of community net metering program. a demonstration community net metering program.

*PSC-33-15-00012-P ...... exempt Remote net metering of a Community Solar To consider approval of remote net metering of Demonstration Project. a Community Solar Demonstration Project.

*PSC-34-15-00021-P ...... exempt Petition by NYCOM requesting assistance To consider the petition by NYCOM requesting with obtaining information on CLECs and assistance with obtaining information on ESCOs CLECs and ESCOs

*PSC-35-15-00014-P ...... exempt Consideration of consequences against Light To consider consequences against Light Power Power & Gas, LLC for violations of the UBP & Gas, LLC for violations of the UBP

*PSC-37-15-00007-P ...... exempt Submetered electricity To consider the request of 89 Murray Street Ass. LLC, for clarification of the submetering order issued December 20, 2007

*PSC-38-15-00008-P ...... exempt Notice of Intent to submeter electricity To consider the request of Community Counseling and Mediation to submeter electricity at 226 Linden Blvd., Brooklyn, New York

*PSC-40-15-00014-P ...... exempt Whether to permit the use of the Open Way To consider the use of the Open Way 3.5 3.5 with cellular communications electric meter, pursuant to 16 NYCRR Parts 92 and 93

*PSC-41-15-00005-P ...... exempt Intergrow disputes National Grid’s revenue To consider whether the revenue assurance assurance calculations National Grid is requiring of Intergrow for the new interconnection is appropriate

*PSC-41-15-00009-P ...... exempt Main Tier of the Renewable Portfolio To consider allocating funding from the Main Standard program Tier to an eligible hydroelectric facility

*PSC-41-15-00011-P ...... exempt Deferral of incremental costs incurred in 2014 To consider a petition by Con Edison to defer associated with increased gas leak response certain incremental costs associated with gas and repair activities leak response and repair activities

*PSC-42-15-00006-P ...... exempt Deferral of incremental expenses associated Consideration of Central Hudson’s request to with NERC’s new Bulk Electric System (BES) defer incremental expenses associated with compliance requirements approved by FERC. new BES compliance requirements.

48 NYS Register/May 31, 2017 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

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*PSC-44-15-00028-P ...... exempt Deferral of incremental expenses associated Consideration of Central Hudson’s request to with new compliance requirements defer incremental expenses associated with new compliance requirements

*PSC-44-15-00030-P ...... exempt System Improvement Plan mechanism To consider Bath’s petition to implement a SIP mechanism

*PSC-47-15-00013-P ...... exempt Whitepaper on Implementing Lightened Consider Whitepaper on Implementing Ratemaking Regulation. Lightened Ratemaking Regulation.

*PSC-48-15-00010-P ...... exempt Lightened and incidental regulation of a 55 Consider the lightened and incidental MW electric and steam generating facility. regulation of a 55 MW electric and steam generating facility.

*PSC-48-15-00011-P ...... exempt Proposal to retire Huntley Units 67 and 68 on Consider the proposed retirement of Huntley March 1, 2016. Units 67 and 68.

*PSC-49-15-00009-P ...... exempt Petition for rehearing of the Order To consider a Petition for rehearing of the Establishing Interim Ceilings on the Order Establishing Interim Ceilings on the Interconnection of Net Metered Generation Interconnection of Net Metered Generation

*PSC-50-15-00006-P ...... exempt The reduction of rates. To consider the reduction of rates charged by Independent Water Works, Inc.

*PSC-50-15-00009-P ...... exempt Notice of Intent to submeter electricity. To consider the request to submeter electricity at 31-33 Lincoln Road and 510 Flatbush Avenue, Brooklyn, New York.

*PSC-51-15-00010-P ...... exempt Modification of the EDP To consider modifying the EDP

*PSC-01-16-00002-P ...... exempt Revenue assurance calculations To consider whether the revenue assurance National Grid is requiring of Tiashoke for the upgraded service is appropriate

*PSC-01-16-00005-P ...... exempt Proposed amendment to Section 5, To consider amendment to Section 5, Attachment 1.A of the Uniform Business Attachment 1.A of the Uniform Business Practices Practices

*PSC-04-16-00007-P ...... exempt Whether Hamilton Municipal Utilities should Consideration of the petition by Hamilton be permitted to construct and operate a Municipal Utilities to construct and operate a municipal gas distribution facility. municipal gas distribution facility.

*PSC-04-16-00011-P ...... exempt Investigation that certain practices of Central To consider the Petition of Nobody Leaves Mid- Hudson Gas and Electric Corporation resulted Hudson to investigate Central Hudson for in violations of HEFPA. claims of HEFPA violations.

*PSC-04-16-00012-P ...... exempt Proposal to mothball three gas turbines Consider the proposed mothball of three gas located at the Astoria Gas Turbine Generating turbines located at the Astoria Gas Turbine Station. Generating Station.

*PSC-04-16-00013-P ...... exempt Proposal to find that three gas turbines Consider whether three gas turbines located at located at the Astoria Gas Turbine Generating the Astoria Gas Turbine Generating Station are Station are uneconomic. uneconomic.

*PSC-06-16-00007-P ...... exempt Transfer of water supply assets. To consider the sale of water supply assets of Northeast Water Services to Suez Water Owego-Nichols, Inc.

*PSC-06-16-00010-P ...... exempt Lakewood disputes National Grid’s revenue To consider whether the revenue assurance assurance calculations, specifically the National Grid is requiring of Lakewood for the duration used. new interconnection is appropriate.

49 Action Pending Index NYS Register/May 31, 2017 Agency I.D. No. Expires Subject Matter Purpose of Action

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*PSC-06-16-00012-P ...... exempt Inclusion of a Farm and Food Community To consider the inclusion of a Farm and Food program in the community distributed Community program in the community generation program. distributed generation program.

*PSC-06-16-00013-P ...... exempt Continued deferral of approximately To consider the continued deferral of $16,000,000 in site investigation and approximately $16,000,000 in site investigation remediation costs. and remediation costs.

*PSC-06-16-00014-P ...... exempt MEGA’s proposed demonstration CCA To consider MEGA’s proposed demonstration program. CCA program.

*PSC-07-16-00016-P ...... exempt Use of the Electro Industries Shark 200 To consider the use of the Electro Industries electric submeter in residential applications Shark 200 submeter

*PSC-11-16-00017-P ...... exempt Notice of Intent to submeter electricity To consider the Notice of Intent of 140 West Street Condominium to submeter electricity at 100 Barclay Street, New York, NY

*PSC-12-16-00004-P ...... exempt The option to opt out of using an AMR device, To consider the option to opt out of using an and substitute an electro-mechanical meter, at AMR device, and substitute an electro- no additional charge mechanical meter, at no additional charge

*PSC-12-16-00007-P ...... exempt Deferral of incremental costs incurred in 2015 To consider a petition by Con Edison to defer associated with increased gas leak response certain incremental costs associated with gas and repair activities leak response and repair activities

*PSC-12-16-00008-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent of Promenade Global LLC to submeter electricity at 150 West 225th Street, Bronx, New York.

*PSC-13-16-00009-P ...... exempt Notice of Intent to submeter electricity To consider the Notice of Intent of Franklin Place Condominium to submeter electricity at 5 Franklin Place, New York, New York

*PSC-14-16-00007-P ...... exempt Regulation of customer name changes on To consider regulation of customer name pending interconnection applications for changes on pending interconnection grandfathered projects. applications for grandfathered projects.

*PSC-14-16-00008-P ...... exempt Resetting retail markets for ESCO mass To ensure consumer protections with respect to market customers. residential and small non-residential ESCO customers.

*PSC-15-16-00012-P ...... exempt Adequate service of Verizon New York, Inc. To consider the adequacy of Verizon New York Inc.’s service quality

*PSC-18-16-00013-P ...... exempt Amendments to the Uniform Business To ensure consumer protection for ESCO Practices of ESCOs. customers.

*PSC-18-16-00014-P ...... exempt Amendments to the Uniform Business To ensure consumer protection for ESCO Practices of ESCOs. customers.

*PSC-18-16-00015-P ...... exempt Petitions for rehearing of the Order Resetting To ensure consumer protections for ESCO Retail Energy Markets and Establishing customers. Further Process.

*PSC-18-16-00016-P ...... exempt Amendments to the Uniform Business To ensure consumer protection for ESCO Practices of ESCOs. customers.

*PSC-18-16-00018-P ...... exempt Amendments to the Uniform Business To ensure consumer protection for ESCO Practices of ESCOs. customers.

50 NYS Register/May 31, 2017 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*PSC-20-16-00008-P ...... exempt Consideration of consequences against To consider consequences against Global Global Energy Group, LLC for violations of Energy Group, LLC for violations of the the Uniform Business Practices (UBP). Uniform Business Practices (UBP).

*PSC-20-16-00009-P ...... exempt Standards for affiliate relationships. To consider whether to permit the expansion of employees who are permitted to perform services on behalf of affiliates.

*PSC-20-16-00010-P ...... exempt Deferral and recovery of incremental To consider deferring costs of conducting leak expense. survey and repairs for subsequent recovery.

*PSC-20-16-00011-P ...... exempt Enetics LD-1120 Non-Intrusive Load To consider the use of the Enetics LD-1120 Monitoring Device in the Statewide Non-Intrusive Load Monitoring Device. Residential Appliance Metering Study.

PSC-22-16-00011-P ...... exempt Petition for rehearing of the Order Modifying To ensure compliance with the Standardized Standardized Interconnection Requirements Interconnection Requirements. and alternative enforcement mechanisms.

PSC-22-16-00013-P ...... exempt Disposition of tax refunds and other related To consider the disposition of tax refunds and matters. other related matters.

PSC-23-16-00009-P ...... exempt Transfer of assets and dissolution of Birch Hill To consider the transfer of assets and Water Company Inc. dissolution of the Birch Hill Water Company Inc.

PSC-24-16-00008-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent to submeter electricity at 220 Central Park South, New York, New York.

PSC-24-16-00009-P ...... exempt Petition to submeter gas service. To consider the Petition of New York City Economic Development Corp. to submeter gas at Pier 17, 89 South Street, New York, NY.

PSC-25-16-00009-P ...... exempt To delay Companies’ third-party assessments To extend the time period between the of customer personally identifiable information Companies’ third-party assessments of until 2018. customer personally identifiable information.

PSC-25-16-00018-P ...... exempt Proposed Community Choice Aggregation To ensure appropriate consumer protections in Data Security Agreement. Community Choice Aggregation programs.

PSC-25-16-00019-P ...... exempt Revision of customer service metrics. To consider revisions to customer service metrics previously approved by the Commission.

PSC-25-16-00023-P ...... exempt Use of the Elster Solutions Energy Axis To consider the use of the Elster Solutions transponder. Energy Axis transponder.

PSC-25-16-00024-P ...... exempt Pole Attachment Rules. To determine that the Commission’s existing pole attachment rules apply to wireless providers.

PSC-25-16-00025-P ...... exempt Acquisition of all water supply assets of To consider acquisition of all water supply Woodbury Heights Estates Water Co., Inc. by assets of Woodbury Heights Estates Water the Village of Kiryas Joel. Co., Inc. by the Village of Kiryas Joel.

PSC-25-16-00026-P ...... exempt Use of the Badger E Series Ultrasonic Cold To consider the use of the Badger E Series Water Stainless Steel Meter, in residential fire Ultrasonic Cold Water Stainless Steel Meter in service applications. fire service applications.

51 Action Pending Index NYS Register/May 31, 2017 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-28-16-00015-P ...... exempt Major water rate filing. To consider a proposal to increase revenues by approximately $8.49 million or 8.3% and consolidate tariffs and rates.

PSC-28-16-00017-P ...... exempt A petition for rehearing of the Order Adopting To determine appropriate rules for and a Ratemaking and Utility Revenue Model calculation of the distributed generation Policy Framework. reliability credit.

PSC-29-16-00023-P ...... exempt Use of the Silver Spring Network Residential To consider the use of the Silver Spring Gas Interface Management Unit - IMU 300 Network Residential Gas Interface and IMU 300A. Management Unit - IMU 300 and IMU 300A.

PSC-29-16-00024-P ...... exempt Participation of NYPA customers in To consider participation of NYPA customers in surcharge-funded clean energy programs. surcharge-funded clean energy programs.

PSC-29-16-00025-P ...... exempt Proposed modifications to gas safety To consider NMPC’s petition to modify gas violations metric adopted in Case 12-G-0202. safety violations metric.

PSC-30-16-00007-P ...... exempt The Municipal Electric and Gas Alliance’s To ensure appropriate consumer protections Community Choice Aggregation Implementation Plan

PSC-32-16-00012-P ...... exempt Benefit-Cost Analysis Handbooks. To evaluate proposed methodologies of benefit- cost evaluation.

PSC-33-16-00001-EP ...... 08/17/17 Use of escrow funds for repairs. To authorize the use of escrow account funds for repairs.

PSC-33-16-00003-P ...... exempt Use of the Silver Spring Network To consider the use of the Silver Spring communication device in utility metering Network communication device. applications.

PSC-33-16-00005-P ...... exempt Exemption from certain charges for delivery of Application of System Benefits Charges, electricity to its Niagara Falls, New York Renewable Portfolio Standard charges and facility. Clean Energy Fund surcharges.

PSC-34-16-00005-P ...... exempt Community Choice Aggregation (CCA) Data To consider the implementation of fees for CCA Services. Data Services requested by CCA Administrators.

PSC-34-16-00006-P ...... exempt Community Choice Aggregation (CCA) Data To consider the implementation of fees for CCA Services. Data Services requested by CCA Administrators.

PSC-34-16-00008-P ...... exempt Community Choice Aggregation (CCA) Data To consider the implementation of fees for CCA Services. Data Services requested by CCA Administrators.

PSC-34-16-00009-P ...... exempt Community Choice Aggregation (CCA) Data To consider the implementation of fees for CCA Services. Data Services requested by CCA Administrators.

PSC-34-16-00010-P ...... exempt Community Choice Aggregation (CCA) Data To consider the implementation of fees for CCA Services. Data Services requested by CCA Administrators.

PSC-34-16-00011-P ...... exempt Community Choice Aggregation (CCA) Data To consider the implementation of fees for CCA Services. Data Services requested by CCA Administrators.

52 NYS Register/May 31, 2017 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-34-16-00012-P ...... exempt Community Choice Aggregation (CCA) Data To consider the implementation of fees for CCA Services. Data Services requested by CCA Administrators.

PSC-34-16-00013-P ...... exempt Community Choice Aggregation (CCA) Data To consider the implementation of fees for CCA Services. Data Services requested by CCA Administrators.

PSC-34-16-00015-P ...... exempt Community Choice Aggregation (CCA) Data To consider the implementation of fees for CCA Services. Data Services requested by CCA Administrators.

PSC-35-16-00015-P ...... exempt NYSRC’s revisions to its rules and To consider revisions to various rules and measurements measurements of the NYSRC

PSC-36-16-00003-P ...... exempt Petition regarding the Commission’s July 14, To consider the terms and conditions of utility 2016 Order Denying Petition. service received by Fastrac Markets, LLC.

PSC-36-16-00004-P ...... exempt Recovery of costs for installation of electric To consider the recovery of costs for service. installation of electric service.

PSC-36-16-00005-P ...... exempt Disposition of tax refunds received by New To determine the disposition of tax refunds and York American Water Company, Inc. other related matters.

PSC-38-16-00006-P ...... exempt Request for waiver of the individual metering To consider the request for waiver of the requirements of Opinion 76-17 and 16 individual metering requirements of Opinion NYCRR Part 96 76-17 and 16 NYCRR Part 96

PSC-39-16-00028-P ...... exempt Consolidated Edison Company of New York, To review Consolidated Edison Company of Inc.’s replevin acts and practices. New York, Inc.’s replevin acts and practices.

PSC-39-16-00029-P ...... exempt Minor rate filing. To consider an increase in annual revenues of about $158,709 or 20%.

PSC-40-16-00013-P ...... exempt Surcharge to recover costs of Dynamic Load To consider a surcharge to recover costs of the Management Programs. Dynamic Load Management Programs.

PSC-40-16-00014-P ...... exempt Surcharge to recover costs of Dynamic Load To consider a surcharge to recover costs of the Management Programs. Dynamic Load Management Programs.

PSC-40-16-00015-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent to submeter electricity at 175 Huguenot Street, New Rochelle, New York.

PSC-40-16-00017-P ...... exempt Request for waiver of 16 NYCRR sections To consider the request for waiver of 16 96.5(a) and 96.6(b) NYCRR sections 96.5(a) and 96.6(b)

PSC-40-16-00018-P ...... exempt Petition for commercial electric meter. To consider the petition to use the Itron OpenWay Riva commerical meter in electric metering applications.

PSC-40-16-00019-P ...... exempt Surcharge to recover costs of Dynamic Load To consider a surcharge to recover costs of the Management Programs. Dynamic Load Management Programs.

PSC-40-16-00020-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent of 501 Broadway Troy, LLC to submeter electricity at 501 Broadway, Troy, New York.

PSC-40-16-00021-P ...... exempt Surcharge to recover costs of Dynamic Load To consider a surcharge to recover costs of the Management Programs. Dynamic Load Management Programs.

53 Action Pending Index NYS Register/May 31, 2017 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-40-16-00023-P ...... exempt Major gas rate filing. To consider an increase in Corning’s gas delivery revenues of approximately $5.9 million or 44.7%.

PSC-40-16-00025-P ...... exempt Consequences pursuant to the Commission’s To consider whether to impose consequences Uniform Business Practices (UBP). on Smart One for its apparent non-compliance with Commission requirements.

PSC-40-16-00026-P ...... exempt Compliance filing establishing an interruptible To consider RG&E’s proposed revisions to gas service sales rate. establish an interruptible gas service sales rate.

PSC-42-16-00014-P ...... exempt Proposed Public Policy Transmission Needs/ To identify any proposed Public Policy Public Policy Requirements, as defined under Transmission Needs/Public Policy the NYISO tariff. Requirements for referral to the NYISO.

PSC-44-16-00015-P ...... exempt Surcharge to recover costs of Dynamic Load To consider a surcharge to recover costs of the Management Programs Dynamic Load Management Programs

PSC-45-16-00008-P ...... exempt Petition to use a commercial electric meter. To consider the petition to use the Landis+Gyr S4X Commercial Meter with Gridstream Series 5 RF Mesh IP AMI.

PSC-45-16-00009-P ...... exempt Petition to use a residential gas meter. To consider the petition to use the Elster/ American AT210TC gas meter in residential applications.

PSC-45-16-00010-P ...... exempt Petition to use a residential gas meter. To consider the petition to use the Sensus RT230TC temperature compensated gas meter in residential applications.

PSC-45-16-00011-P ...... exempt Petition to use a residential electric meter. To consider the petition to use the Landis+Gyr Focus AXe Meter with Gridstream Series 5 RF Mesh IP AMI.

PSC-45-16-00012-P ...... exempt Disposition of property tax benefits. To consider the disposition of property tax benefits.

PSC-45-16-00014-P ...... exempt Disposition of property tax benefits. To consider the disposition of property tax benefits.

PSC-45-16-00015-P ...... exempt Arbor Hills Water Works Inc.’s rates for the To consider an increase in Arbor Hills Water provision of water. Works Inc.’s annual water revenues by approximately $36,500 or 45%.

PSC-45-16-00016-P ...... exempt Boniville Water Company Inc.’s rates for the To consider an increase in Boniville Water provision of water. Company Inc.’s annual water revenues by approximately $25,000 or 45%.

PSC-45-16-00017-P ...... exempt Knolls Water Co., Inc.’s rates for the provision To consider an increase in Knolls Water Co., of water. Inc.’s annual water revenues by approximately $26,600 or 45%.

PSC-45-16-00018-P ...... exempt Proposed water supply agreement between To consider the proposed water supply NYAW and Glen Cove. agreement between NYAW and Glen Cove.

PSC-46-16-00015-P ...... exempt The eligibility of street lighting and area Consideration of eligibility for remote net lighting accounts for remote net metering. metering.

PSC-46-16-00018-P ...... exempt Con Edison’s proposed pilot shared solar Consideration of the authorization and program for low-income customers. appropriate design of a utility-owned low- income shared solar program.

54 NYS Register/May 31, 2017 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

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PSC-47-16-00009-P ...... exempt Petition to use commercial electric meters To consider the petition of Itron, Inc. to use the Itron CP2SO and CP2SOA in commercial electric meter applications

PSC-47-16-00010-P ...... exempt Standby Service rate design To consider the report filed and the recommendations therein

PSC-47-16-00011-P ...... exempt Petition to use residential electric meters To consider the petition of Itron, Inc. to use the Itron C2SRD and CN2SRD in residential electric meter applications

PSC-47-16-00013-P ...... exempt Standby Service rate design To consider the report filed and the recommendations therein

PSC-47-16-00014-P ...... exempt Standby Service rate design To consider the report filed and the recommendations therein

PSC-47-16-00016-P ...... exempt Standby Service rate design To consider the report filed and the recommendations therein

PSC-49-16-00003-P ...... exempt Stock Acquisition. To consider the transfer of all S&S Rhinebeck Water-Works Corporation stock to RIC Rhinebeck and MHMG-KM Rhinebeck.

PSC-49-16-00004-P ...... exempt Waiver of certain rules and requirements To determine whether to waive any regulations. pertaining to cable television franchise.

PSC-49-16-00005-P ...... exempt Waiver of certain rules and requirements To determine whether to waive any regulations. pertaining to cable television franchise.

PSC-49-16-00006-P ...... exempt Waiver of certain rules and requirements To determine whether to waive any regulations. pertaining to cable television franchise.

PSC-49-16-00007-P ...... exempt Waiver of certain rules and requirements To determine whether to waive any regulations. pertaining to cable television franchise.

PSC-50-16-00005-P ...... exempt Notice of Intent to submeter electricity To consider the Notice of Intent of 2 North 6th Place Owner, LLC, to submeter electricity at 2 North 6th Place, Brooklyn, NY

PSC-52-16-00003-P ...... exempt Transfer of controlling interest and associated To consider the transfer of controlling interest financial transactions. and associated financial transactions.

PSC-52-16-00004-P ...... exempt Waiver of certain rules and requirements To determine whether to waive any regulations. pertaining to cable television franchise.

PSC-52-16-00005-P ...... exempt Lease of real property. To consider NYSEG’s request to lease a portion of certain real properties located throughout New York State.

PSC-52-16-00007-P ...... exempt Waiver of certain rules and requirements To determine whether to waive any regulations. pertaining to cable television franchise.

PSC-01-17-00018-P ...... exempt The addition of Company-owned LED options To consider the addition of Company-owned under SC No. 1 - Street Lighting Service LED lighting options for customers served under SC No. 1

PSC-01-17-00021-P ...... exempt Petition for clarification To consider the petition for clarification of the Order Authorizing Submetering, Ordering Clause 4

55 Action Pending Index NYS Register/May 31, 2017 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-01-17-00022-P ...... exempt The addition of Company-owned LED options To consider the addition of Company-owned under SC No. 3 - Standard Street Lighting LED lighting options for customers served Service under SC No. 3

PSC-01-17-00023-P ...... exempt Transfer of certain pipeline facilities and To consider a request to transfer certain applicability of Public Service Law (PSL) pipeline facilities and a declaration regarding Article 4 application of the PSL

PSC-02-17-00008-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent to submeter electricity at 416 Kent Avenue, Brooklyn, NY and 420 Kent Avenue, Brooklyn, NY.

PSC-02-17-00010-P ...... exempt Implementation of the four EAMs. To consider the implementation of EAMs for RG&E.

PSC-02-17-00012-P ...... exempt Implementation of the four EAMs. To consider the implementation of EAMs for NYSEG.

PSC-03-17-00003-P ...... exempt Good Energy, L.P.’s Community Choice To ensure appropriate consumer protections. Aggregation Implementation Plan and Data Protection Plan.

PSC-03-17-00005-P ...... exempt Initial Tariff Schedule which includes rates, To consider the proposed Initial Tariff Schedule charges, rules and regulations for water and initial rate for water service. service.

PSC-03-17-00006-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent of West 30th HL LLC to submeter electricity at 520 West 30th Street, New York, New York.

PSC-03-17-00008-P ...... exempt Petition to submeter electricity. To consider the petition to submeter electricity at 33 Bond Street, Brooklyn, New York and the request for waiver of 16 NYCRR.

PSC-04-17-00010-P ...... exempt The inclusion of interest in a payment To consider whether to include interest in the compensating developer for work performed calculation of the amount owed in in preparation for electric service compensation

PSC-05-17-00002-P ...... exempt Minor rate filing. To consider an increase in annual revenues of about $1,526,480 or 8.44%.

PSC-05-17-00004-P ...... exempt Petition to submeter electricity. To consider the petition to submeter electricity at 336 Himrod Street, Brooklyn, New York and waiver request of § 96.5(k)(3).

PSC-06-17-00004-P ...... exempt Waiver to permit National Fuel Resources, To consider the Petition for a waiver Inc. to serve low-income customers

PSC-06-17-00005-P ...... exempt Waiver and rates for Saratoga Water To consider the waiver and rates for Saratoga Services, Inc. to provide water service to Water Services, Inc. to provide water service to GLOBALFOUNDRIES U.S. Inc. GLOBALFOUNDRIES U.S. Inc.

PSC-06-17-00006-P ...... exempt Waiver of certain rules and requirements To determine whether to waive any regulations. pertaining to cable television franchise.

PSC-06-17-00007-P ...... exempt Waiver of certain rules and requirements To determine whether to waive any regulations. pertaining to cable television franchise.

PSC-06-17-00008-P ...... exempt Waiver to permit Ambit New York, LLC to To consider the Petition for a waiver. serve low-income customers.

56 NYS Register/May 31, 2017 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-06-17-00010-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent of VillaBXV Condominium to submeter electricity at 15 Kensington Road, Bronxville, New York.

PSC-06-17-00011-P ...... exempt A waiver to permit Zone One Energy LLC to To consider the Petition for a waiver. serve low-income customers.

PSC-06-17-00013-P ...... exempt Extension of the Brooklyn/Queens Demand To extend the Brooklyn/Queens Demand Management Program. Management Program.

PSC-07-17-00011-P ...... exempt Petition to submeter electricity To consider the petition of One West End Avenue Condominium to submeter electricity at 1 West End Avenue, New York, New York

PSC-07-17-00012-P ...... exempt Implementation program rules for the To promote and maintain renewable and zero- Renewable Energy Standard (RES) and Zero- emission electric energy resources Emission Credit (ZEC) requirement

PSC-07-17-00013-P ...... exempt Whether a proposed agreement for the To consider a waiver and approval of terms of provision of water service by Saratoga Water a service agreement Services, Inc. is in the public interest

PSC-07-17-00014-P ...... exempt Petition for rehearing of the December 16, To consider the petition for rehearing of the 2016 Order with respect to rate proceedings December 16, 2016 Order in Cases 16-G-0058 and 16-G-0059

PSC-07-17-00015-P ...... exempt Consequences pursuant to the Commission’s To consider whether to impose consequences Uniform Business Practices (UBP) on Spark for its apparent non-compliance with Commission requirements

PSC-07-17-00016-P ...... exempt Whether a proposed agreement for the To consider a waiver and approval of terms of provision of water service by Saratoga Water a service agreement Services, Inc. is in the public interest

PSC-07-17-00017-P ...... exempt Disposition of tax refunds and other related To consider the disposition of tax refunds and matters other related matters

PSC-07-17-00019-P ...... exempt Deferral and recovery of incremental costs To consider deferring costs related to water main leak repairs for subsequent recovery

PSC-07-17-00020-P ...... exempt Notice of Intent to submeter electricity and To consider the Notice of Intent to submeter request for a waiver of 16 NYCRR electricity at 988 East 180th St., Bronx, NY and § 96.5(k)(3) waiver request of § 96.5(k)(3)

PSC-08-17-00007-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent to submeter electricity at 327 Central Park West, New York, New York.

PSC-08-17-00008-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent to submeter electricity at 45 East 22nd Street, New York, New York.

PSC-09-17-00005-P ...... exempt Notice of Intent to submeter electricity and To consider the Notice of Intent to submeter waiver request of energy audit requirement electricity at 2351-2359 Adam Clayton Powell Jr. Blvd., NY, NY and waiver request

PSC-09-17-00006-P ...... exempt Waiver of incremental metering costs To waive the incremental $3.36 per month associated with Voluntary Time of Use customer charge for certain VTOU rate (VTOU) rates customers

57 Action Pending Index NYS Register/May 31, 2017 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-09-17-00007-P ...... exempt Petition to submeter electricity To consider the petition of 587-91 Third Owner LLC to submeter electricity at 591 Third Avenue, New York, New York

PSC-09-17-00008-P ...... exempt Petition to submeter electricity To consider the petition of Red Hook 160, LLC to submeter electricity at 160 Imlay Street, Brooklyn, New York

PSC-09-17-00009-P ...... exempt Extension of an outstanding loan’s repayment To consider the extension of an outstanding schedule loan’s repayment schedule

PSC-11-17-00006-P ...... exempt Use of the Itron 100W+, to collect and To consider the use of the Itron 100W+, to transmit meter data, in water metering collect and transmit meter data in water applications. metering applications.

PSC-11-17-00007-P ...... exempt Minor rate filing. To consider an increase in annual revenues of about $395,756, or 5.3%.

PSC-11-17-00008-P ...... exempt Effectuate amendments to 49 CFR Part 192 To consider revisions to its gas tariff schedule mandated by the Pipeline and Hazardous regarding the installation of excess flow valves. Materials Safety Administration.

PSC-11-17-00009-P ...... exempt Petition to submeter electricity. To consider the petition of 8th and C HDFC to submeter electricity at 334 East 8th Street, New York, New York.

PSC-11-17-00010-P ...... exempt Permit the export of electricity discharged by To consider revising General Rule 8.3 - battery storage systems during demand- Generating Facilities Used on an Emergency response events under the BQDM Program. Basis for Export.

PSC-11-17-00011-P ...... exempt Proposed transfers of property interests To consider proposed transfers of property between APGI and Arconic Inc. and incidental interests and incidental regulation of water- regulation of water-works corporation. works corporation.

PSC-11-17-00012-P ...... exempt Enter into a long-term loan agreement with To consider HCHA’s petition to enter into a the EFC. long-term loan agreement with the EFC and establish a surcharge mechanism.

PSC-12-17-00012-P ...... exempt Amendments to the UBP. To consider amendments to the UBP.

PSC-12-17-00014-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent to submeter electricity at 1501 Voorhies Avenue, Brooklyn, New York.

PSC-12-17-00017-P ...... exempt Amendments to the UBP. To consider the petition for amendments to the UBP.

PSC-13-17-00003-P ...... exempt Rehearing of Commission’s January 25, 2017 To consider Petitions for Rehearing regarding Order Approving Electric and Gas Rate Plans certain metering costs as addressed in Cases in Cases 16-E-0060 and 16-G-0061. 16-E-0060 and 16-G-0061.

PSC-13-17-00004-P ...... exempt Notice of Intent to submeter electricity and To consider the Notice of Intent to submeter request for waiver of energy audit. electricity and request for waiver of energy audit.

PSC-13-17-00005-P ...... exempt Transfer of certain street lighting facilities To consider the transfer of certain street located in the City of Middletown. lighting facilities from Orange and Rockland Utilities, Inc. to City of Middletown.

PSC-13-17-00007-P ...... exempt Petition for rehearing of the Rate Plan Order. To consider the petition for rehearing of the Rate Plan Order.

58 NYS Register/May 31, 2017 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-13-17-00008-P ...... exempt Petition for rehearing of the Rate Plan Order. To consider the petition for rehearing of the Rate Plan Order.

PSC-13-17-00009-P ...... exempt Petition for rehearing and clarification of the To consider the petition for rehearing and Rate Plan Order. clarification of the Rate Plan Order.

PSC-13-17-00010-P ...... exempt Rehearing of Commission’s January 25, 2017 To consider Petitions for Rehearing regarding Order Approving Electric and Gas Rate Plans certain metering costs as addressed in Cases in Cases 16-E-0060 and 16-G-0061. 16-E-0060 and 16-G-0061.

PSC-14-17-00007-P ...... exempt Temperature for daily contact with DRCs, To consider waivers adjusting temp., interruptible temperature in procedures and referencing actual temp. in company O&R to follow upstate DRC rules. procedures and allowing O&R to follow upstate rules.

PSC-14-17-00008-P ...... exempt Waiver to the prohibition on service to low- To consider the petition for a waiver to the income customers by ESCOs. prohibition on service to low-income customers by ESCOs.

PSC-14-17-00009-P ...... exempt Waiver to the prohibition on service to low- To consider the petition for a waiver to the income customers by ESCOs. prohibition on service to low-income customers by ESCOs.

PSC-14-17-00010-P ...... exempt Waiver to the prohibition on service to low- To consider the petition for a waiver to the income customers by ESCOs. prohibition on service to low-income customers by ESCOs.

PSC-14-17-00011-P ...... exempt Waiver to the prohibition on service to low- To consider the petition for a waiver to the income customers by ESCOs. prohibition on service to low-income customers by ESCOs.

PSC-14-17-00012-P ...... exempt Waiver to the prohibition on service to low- To consider the petition for a waiver to the income customers by ESCOs. prohibition on service to low-income customers by ESCOs.

PSC-14-17-00013-P ...... exempt Waiver to the prohibition on service to low- To consider the petition for a waiver to the income customers by ESCOs. prohibition on service to low-income customers by ESCOs.

PSC-14-17-00014-P ...... exempt Waiver to the prohibition on service to low- To consider the petition for a waiver to the income customers by ESCOs. prohibition on service to low-income customers by ESCOs.

PSC-14-17-00015-P ...... exempt Waiver to the prohibition on service to low- To consider the petition for a waiver to the income customers by ESCOs. prohibition on service to low-income customers by ESCOs.

PSC-14-17-00016-P ...... exempt Waiver to the prohibition on service to low- To consider the petition for a waiver to the income customers by ESCOs.. prohibition on service to low-income customers by ESCOs.

PSC-14-17-00017-P ...... exempt Petition for Full-Scale Deployment of AMI and To consider the petition for Full-Scale to Establish an AMI Surcharge. Deployment of AMI and to Establish an AMI Surcharge.

PSC-14-17-00018-P ...... exempt Deferral of incremental REV expenses and Consideration of the incremental REV expense recovery through its existing Miscellaneous deferral and recovery petition filed by Central Charge. Hudson Gas & Electric Corporation.

PSC-14-17-00019-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent to submeter electricity at 94 North 3rd St., Brooklyn, NY and waiver of 16 NYCRR § 96.5(k)(3).

59 Action Pending Index NYS Register/May 31, 2017 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-15-17-00003-P ...... exempt Pole Attachment Rates. To consider an update to its pole attachment rate for Cable System Operators and Telecommunication Carriers.

PSC-15-17-00004-P ...... exempt Rolling Meadows Water Corporation’s rates To consider increasing the volumetric rate from for the provision of water. $8.57 to $8.84 and increasing the allowed rate case expense to $37,000.

PSC-16-17-00004-P ...... exempt Proposed transfer of assets of Corbin Hill to To consider the transfer of assets of Corbin Hill the Town and dissolution of the Company to the Town and dissolution of the Company

PSC-16-17-00005-P ...... exempt Revisions to the Form of Application for To consider revisions to the Form of Application Service under General Information Section for Service under General Information Section No. 14 No. 14

PSC-16-17-00006-P ...... exempt Revisions to the Form of Application for To consider revisions to the Form of Application Service under General Information Section for Service under General Information Section No. 13 No. 13

PSC-16-17-00007-P ...... exempt Cancellation of Roosevelt Drive Water Users To consider the cancellation of Roosevelt Drive Association’s tariff Water Users Association’s tariff

PSC-17-17-00009-P ...... exempt Potential revisions to the testing requirement To promote and maintain renewable and zero- for syngas technologies related to eligibility emission electric energy resources for the Clean Energy Standard

PSC-18-17-00023-P ...... exempt Second stage rate filing. To consider an increase in rate year revenues by approximately $247,086 or 8.24%.

PSC-18-17-00024-P ...... exempt A petition for rehearing or reconsideration of To determine whether Public Policy the Order Addressing Public Policy Transmission Need/Public Policy Requirements Transmission Need for AC Transmission continue to exist. Upgrades

PSC-18-17-00025-P ...... exempt A petition for rehearing or reconsideration of To determine whether IPANY and individual the Order on Remand Denying Refunds. pay telephone providers are entitled to refunds from Verizon New York Inc.

PSC-18-17-00026-P ...... exempt Revisions to the Dynamic Load Management To consider revisions to the Dynamic Load surcharge. Management surcharge.

PSC-18-17-00027-P ...... exempt A petition for rehearing or clarification of the To determine appropriate treatment of March 9, 2017 Order. submetered energy users in community distributed generation programs.

PSC-18-17-00028-P ...... exempt A petition for rehearing, reconsideration, or To determine appropriate treatment of clarification of the March 9, 2017 Order. environmental attributes related to distributed energy resources.

PSC-18-17-00029-P ...... exempt Commission oversight of distributed energy To consider proposed standards for resource suppliers. Commission oversight of distributed energy resource suppliers.

PSC-18-17-00030-P ...... exempt Pareto Energy Ltd.’s petition for rehearing. To consider Pareto’s petition for rehearing.

PSC-18-17-00031-P ...... exempt Notice of Intent to submeter electricity and To consider the Notice of Intent to submeter waiver of energy audit requirement. electricity at 1328 Fulton Street, Brooklyn, NY and waiver of 16 NYCRR § 96.5(k)(3).

PSC-18-17-00032-P ...... exempt Application of Gas Safety Metrics to NFGD’s To consider NFGD’s appeal of Gas Safety 2014 Records and Field audits. Metrics as applied to NFGD’s 2014 Records and Field audits.

60 NYS Register/May 31, 2017 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-18-17-00033-P ...... exempt Use of the ROMET AdEM-T volumetric To consider the use of the ROMET AdEM-T corrector. volumetric corrector.

PSC-18-17-00034-P ...... exempt Use of the ROMET AdEM-PTZ volumetric To consider the use of the ROMET AdEM-PTZ corrector. volumetric corrector.

PSC-19-17-00004-P ...... exempt NYAW’s request to defer and amortize, for Consideration of NYAW’s petition to defer and future rate recognition, pension settlement amortize, for future rate recognition, pension payout losses incurred in 2016. payour losses incurred in 2016.

PSC-20-17-00006-P ...... exempt Public Street Lighting - LED Options. To consider the addition of a 23 Watt LED luminaire option under SC No. 4 - Public Street Lighting - Company Owned.

PSC-20-17-00007-P ...... exempt Minor rate filing. To consider an increase in annual revenues of about $319,412 or 12.9%.

PSC-20-17-00008-P ...... exempt Compressed natural gas as a motor fuel for To consider a report filed by National Grid NY diesel fueled vehicles. regarding the potential for adoption of compressed natural gas as a motor fuel.

PSC-20-17-00009-P ...... exempt Proof of distributed generation project site To support developing mature project control and local moratoria attestation. applications and appropriately focus utility resources.

PSC-20-17-00010-P ...... exempt Compressed natural gas as a motor fuel for To consider a report filed by National Grid diesel fueled vehicles. regarding the potential for adoption of compressed natural gas as a motor fuel.

PSC-20-17-00011-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent of FreeWythe, LLC to submeter electricity at 60 South 2nd Street, Brooklyn, New York.

PSC-21-17-00011-P ...... exempt Pole Attachment Rates. To consider an update to the proxy pole attachment rate used by New York Municipal Power Agency’s municipal utility members.

PSC-21-17-00012-P ...... exempt Compensation for distributed generation To consider appropriate compensation and systems located at farms. policies for distributed generation systems located at farms.

PSC-21-17-00013-P ...... exempt The establishment and implementation of To consider the establishment and Earnings Adjustment Mechanisms. implementation of Earnings Adjustment Mechanisms.

PSC-21-17-00014-P ...... exempt Grandfathering provisions for sites served by To consider appropriate grandfathering multiple remote net metered projects. provisions for sites served by multiple remote net metered projects.

PSC-21-17-00015-P ...... exempt Expansion of Energy Efficiency and Advanced To consider expanded Energy Efficiency and Metering Infrastructure Programs, and AMI programs and framework for implementing implementation of NWA framework. NWA projects and related cost recovery.

PSC-21-17-00016-P ...... exempt Compensation for distributed energy To implement appropriate compensation resources through the Value Stack methodologies for distributed energy resources. methodology.

PSC-21-17-00017-P ...... exempt Petition to defer incremental vegetation To consider the petition for deferral accounting management funding and relief of 2016 SAIFI and relief of 2016 SAIFI negative revenue negative revenue adjustment. adjustment.

61 Action Pending Index NYS Register/May 31, 2017 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-21-17-00018-P ...... exempt Proposed agreement for the provision of To consider a waiver and approval of terms of water service by Saratoga Water Services, a service agreement. Inc.

PSC-21-17-00019-P ...... exempt Notice of Intent to submeter electricity and To consider the Notice of Intent to submeter waiver request. electricity at 918 East New York Avenue, Brooklyn, NY and waiver request.

PSC-21-17-00020-P ...... exempt Mitigation of distributed energy resource To implement policies that mitigate costs of project costs and bill impacts. distributed energy resource projects.

PSC-22-17-00004-P ...... exempt Financial incentives to create customer To consider the proposed Interconnection savings and develop market-enabling tools, Survey Process and Earnings Adjustment with a focus on outcomes and incentives Mechanisms

PSC-22-17-00005-P ...... exempt To effectuate amendments to 49 CFR Part To consider revisions to its gas tariff schedule 192 mandated by the Pipeline and Hazardous regarding the installation of excess flow valves Materials Safety Administration

PSC-22-17-00006-P ...... exempt Revisions to the delivery discount and To consider revisions to the delivery discount monthly customer charge for SC No. 3 and and monthly customer charge for SC No. 3 and the commodity price for SC 15 the commodity price for SC 15

PSC-22-17-00007-P ...... exempt Certain Commission requirements related to To consider a change to certain Commission blockable central office codes requirements related to blockable central office codes

PSC-22-17-00008-P ...... exempt Petition to submeter electricity and waiver To consider the petition to submeter electricity request at 412-14 East 10th Street, New York, New York and waiver of 16 NYCRR § 96.2(b)

STATE, DEPARTMENT OF

DOS-14-17-00004-P ...... 05/22/18 New York State Uniform Fire Prevention and To amend the existing Uniform Code and to Building Code (the Uniform Code) make conforming changes to 19 NYCRR Parts 1264 and 1265

DOS-14-17-00005-P ...... 05/22/18 State Energy Conservation Construction Code To amend the existing Energy Code (the Energy Code)

STATE UNIVERSITY OF NEW YORK

SUN-06-17-00003-P ...... 02/08/18 proposed amendments to traffic and parking Amend existing regulations to update traffic regulations at SUNY Binghamton and parking regulations

SUN-19-17-00005-P ...... 05/10/18 Proposed amendments to traffic and parking Amend existing regulations to update traffic regulations at State University College at and parking regulations Plattsburgh

TAXATION AND FINANCE, DEPARTMENT OF

TAF-51-16-00002-EP ...... 12/21/17 Metropolitan Transportation Business Tax To provide metropolitan transportation business Surcharge tax rate for tax year 2017

TAF-22-17-00002-P ...... exempt Fuel use tax on motor fuel and diesel motor To set the sales tax component and the fuel and the art. 13-A carrier tax jointly composite rate per gallon for the period July 1, administered therewith 2017 through September 30, 2017

62 NYS Register/May 31, 2017 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

TEMPORARY AND DISABILITY ASSISTANCE, OFFICE OF

TDA-01-17-00002-ERP ...... 01/04/18 Emergency measures for the homeless during To mitigate the effects and impact of inclement inclement winter weather winter weather on individuals experiencing homelessness

TRANSPORTATION, DEPARTMENT OF

TRN-10-17-00001-P ...... 03/08/18 The Uniform Code of Bridge Inspection Define applicability / terms, inspection details, inspector qualifications, reporting, etc.

WORKERS’ COMPENSATION BOARD

WCB-08-17-00010-RP ...... 02/22/18 Paid Family Leave Identify requirements and process for implementation of paid family leave program

WCB-20-17-00012-P ...... 05/17/18 Attorneys fees and representation of clients Create criteria for legal bills and withdrawal of representation

63

ADVERTISEMENTS FOR BIDDERS/CONTRACTORS SEALED BIDS Watertown, NY. Prospective bidders are urged to visit the site at this time. Prospective bidders or their representatives attending the pre-bid site visit will not be admitted on facility grounds without proper photo REPLACE identification. Note that parking restrictions and security provisions STEAM PIPING/DOMESTIC WATER HEATERS will apply and all vehicles will be subject to search. Watertown Correctional Facility Phone the office of Megan Miller, (315) 785-6447 a minimum of 72 Watertown, Jefferson County hours in advance of the date to provide the names of those who will attend the pre-bid site visit. Sealed bids for Project Nos. 45215-H, 45215-E, comprising sepa- It is the policy of the State and the Office of General Services to rate contracts for HVAC Work and Electrical Work, Replace Steam encourage meaningful minority- and women-owned business enter- Piping and Domestic Water Heaters, Watertown Correctional Facility, prise participation in this project by contractors, subcontractors and 23147 Swan Road, Watertown (Jefferson County), NY, will be suppliers under the Contract, and all bidders are expected to cooperate received by the Office of General Services (OGS), Design & Construc- in implementing this policy. OGS hereby establishes an overall goal tion Group (D&C), Division of Contract Management, 35th Fl., Corn- of 20% for MWBE participation, 10% for Minority-Owned Business ing Tower, Empire State Plaza, Albany, NY 12242, on behalf of the Department of Corrections and Community Supervision, until 2:00 Enterprises (“MBE”) participation and 10% for Women-Owned Busi- p.m. on Wednesday, June 7, 2017, when they will be publicly opened ness Enterprises (“WBE”) participation (based on the current avail- and read. Each bid must be prepared and submitted in accordance with ability of qualified MBEs and WBEs) for HVAC Work. The total the Instructions to Bidders and must be accompanied by a certified contract goal can be obtained by utilizing any combination of MBE check, bank check, or bid bond in the amount of $68,300 for H and and /or WBE participation for subcontracting and supplies acquired $3,900 for E. under this Contract. All successful bidders on a multiple trade project or the successful The Office of General Services reserves the right to reject any or all bidder on a single trade project will be required to furnish a Perfor- bids. mance Bond and a Labor and Material Bond in the statutory form of The Bidding and Contract Documents for this Project are available public bonds required by Sections 136 and 137 of the State Finance on compact disc (CD) only, and may be obtained for an $8.00 deposit Law, each for 100% of the amount of the Contract estimated to be be- per set, plus a $2.00 per set shipping and handling fee. Contractors tween $2,000,000 and $3,000,000 for H and between $25,000 and and other interested parties can order CD’s on-line through a secure $50,000 for E. web interface available 24 hours a day, 7 days a week. Please use the Pursuant to State Finance Law § 139-j and § 139-k, this solicitation following link at the OGS website for ordering and payment includes and imposes certain restrictions on communications between instructions: http://www.ogs.ny.gov/bu/dc/esb/acquirebid.asp. OGS D&C and a bidder during the procurement process. A bidder is For questions about purchase of bid documents, please send an restricted from making contacts from the earliest notice of intent to e-mail to [email protected], or call 1-877-647-7526. solicit offers through final award and approval of the Procurement For additional information on this project, please use the link below Contract by OGS D&C and Office of the State Comptroller (“restricted and then click on the project number: https://online.ogs.ny.gov/dnc/ period”) to other than designated staff unless it is a contact that is contractorConsultant/esb/ESBPlansAvailableIndex.asp. included among certain statutory exceptions set forth in State Finance Law § 139-j(3)(a). Designated staff are Frank Peris and Carl Ruppert in the Division of Contract Management, telephone (518) 474-0203, By John D. Lewyckyj, Deputy Director fax (518) 473-7862 and John Lewyckyj, Deputy Director, Design & OGS - Design & Construction Group Construction Group, telephone (518) 474-0201, fax (518) 486-1650. OGS D&C employees are also required to obtain certain information when contacted during the restricted period and make a determination of the responsibility of the bidder pursuant to these two statutes. Certain findings of non-responsibility can result in rejection for contract award and in the event of two findings within a four-year pe- riod, the bidder is debarred from obtaining governmental Procurement Contracts. Bidders responding to this Advertisement must familiarize themselves with the new Legislative and State Finance Law require- ments and will be expected to affirm that they understand and agree to comply on the bid form. Further information about these requirements can be found within the project manual or at: http://ogs.ny.gov/ aboutogs/regulations/defaultAdvisoryCouncil.asp. The substantial completion date for this project is 518 days after the Agreement is approved by the Comptroller. The only time prospective bidders will be allowed to visit the job site to take field measurements and examine existing conditions of the project area will be at 9:00 a.m. on May 19, 2017 at Watertown Cor- rectional Facility, Administration Building, 23147 Swan Road,

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MISCELLANEOUS NOTICES/HEARINGS

Notice of Abandoned Property Jill Taylor, Ph.D. Director, Wadsworth Center Received by the State Comptroller New York State Department of Health Pursuant to provisions of the Abandoned Property Law and related laws, the Office of the State Comptroller receives unclaimed monies PUBLIC NOTICE and other property deemed abandoned. A list of the names and last known addresses of the entitled owners of this abandoned property is Department of Health maintained by the office in accordance with Section 1401 of the Pursuant to 42 CFR Section 447.205, the Department of Health Abandoned Property Law. Interested parties may inquire if they ap- hereby gives public notice of the following: pear on the Abandoned Property Listing by contacting the Office of The Department of Health proposes to amend the Title XIX Unclaimed Funds, Monday through Friday from 8:00 a.m. to 4:30 (Medicaid) State Plan for long term care services to comply with p.m., at: enacted statutory provisions. The following changes are proposed: 1-800-221-9311 Institutional Services or visit our web site at: The following is a clarification to the March 29, 2017 noticed pro- www.osc.state.ny.us vision for additional payments to non-state government operated pub- Claims for abandoned property must be filed with the New York lic residential health care facilities, including public residential health State Comptroller’s Office of Unclaimed Funds as provided in Section care facilities located in Nassau, Westchester, and Erie Counties, but 1406 of the Abandoned Property Law. For further information contact: excluding public residential health care facilities operated by a town or city within a county, in aggregate amounts of up to $500 million. Office of the State Comptroller, Office of Unclaimed Funds, 110 State This notice clarifies that the patient days shall be utilized for such St., Albany, NY 12236. computation reflecting actual reported data for 2015 and each repre- sentative succeeding year as applicable. PUBLIC NOTICE There is no additional estimated annual change to gross Medicaid Office of General Services expenditures as a result of this clarification. Pursuant to Section 30-a of the Public Lands Law, the Office of The public is invited to review and comment on this proposed State General Services hereby gives notice to the following: Plan Amendment, a copy of which will be available for public review Notice is hereby given that the Office of General Services has on the Department’s website at http://www.health.ny.gov/regulations/ determined that the vacant parcel of land located on the southwest state_plans/status. In addition, approved SPA’s beginning in 2011, are corner of Bronx River Road and Midland Avenue, City of Yonkers, also available for viewing on this website. Westchester County, consisting of 7,705± square feet, is no longer Copies of the proposed State Plan Amendments will be on file in useful or necessary for their purposes and has declared the same each local (county) social services district and available for public abandoned for sale or other disposition as Unappropriated State land. review. For further information, please contact: Frank Pallante, Esq., Of- For the New York City district, copies will be available at the fol- fice of General Services, Legal Services, 41st Fl., Corning Tower, lowing places: Empire State Plaza, Albany, NY 12242, (518) 474-8831, (518) 473- 4973 fax New York County 250 Church Street PUBLIC NOTICE New York, New York 10018 Department of Health Queens County, Queens Center Certification 3220 Northern Boulevard Section 1198 of the New York State Vehicle and Traffic Law Long Island City, New York 11101 authorizes me, as delegated by the Commissioner of Health, to ap- prove ignition interlock devices for installation in the vehicles of Kings County, Fulton Center persons required or otherwise ordered by a court as a condition of 114 Willoughby Street probation to install and operate such devices in any vehicle that he or Brooklyn, New York 11201 she owns or operates. Ignition interlock devices must meet or exceed minimum performance specifications established by the Department of Health, as set forth in Sections 59.10, 59.11 and 59.12 of 10 Bronx County, Tremont Center NYCRR. 1916 Monterey Avenue This is to certify that the L250 model ignition interlock, manufac- Bronx, New York 10457 tured by #1 A LifeSafer, Inc., has met device performance specifica- tions and is in compliance with all requirements of 10 NYCRR Part Richmond County, Richmond Center 59. 95 Central Avenue, St. George This certification is effective May 12, 2017, and notice thereof will Staten Island, New York 10301 be published in the New York State Register. For further information and to review and comment, please contact:

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Department of Health, Division of Finance and Rate Setting, 99 depending on conditions at the site. The project also includes Washington Ave., One Commerce Plaza, Suite 1432, Albany, NY maintenance/ repair of the existing bulkhead. The site is located at 12210, e-mail: [email protected] 3966 Provost Avenue, Bronx on the Cowanus Canal. In F-2017-0321, “Mill Basin Bulkhead Replacement”, the applicant PUBLIC NOTICE –KIOP, Mill Basin, LLP – proposes replacement of an existing, severely deteriorated, anchored, steel sheet pile bulkhead to a safe Department of State condition and prevent further loss of material into the adjacent water F-2017-0132; F-2017-0300; F-2017-0309; F-2017-0321; and body. Numerous corrosion holes exist in the sheet piling causing loss F-2017-0346 of fill from behind the bulhead with potential impacts to the support- Date of Issuance – May 31, 2017 ing pedestrian walkway and vehicle roadway. The horizontal wale anchoring the bulkhead is completely corroded in several locations. The New York State Department of State (DOS) is required by The replacement involves installation of a new cantilever steel Federal regulations to provide timely public notice for the activities bulkhead, approximately 5’-6’ outboard of the existing bulkhead face, described below, which are subject to the consistency provisions of and placement of approximately 3,160 cubic yards of clean, granular the Federal Coastal Zone Management Act of 1972, as amended. fill within the gap. Of this fill material, 1,735 cubic yards would be The applicants below have certified that proposed activities comply below mean high water. The project plan includes proposed removal with and will be conducted in a manner consistent with the approved of approximately 3,220 square feet of riprap along the south side of New York State Coastal Management Program (NYSCMP). The ap- the site adjacent to the existing bulkhead, resulting in 602 cubic yards plicants’ consistency certifications and accompanying public informa- of fill removed below the mean high water line. A new concrete tion and data are available for inspection at the New York State Depart- walkway will be installed atop the new bulkhead as well as a pedes- ment of State offices located at One Commerce Plaza, 99 Washington trian railing and the vehicle roadway will be paved. The site is located Avenue, in Albany, New York. at 5702 Avenue U, Brooklyn, NY on the Mill Basin. In F-2017-0132, “Hart Island Shoreline Restoration”, the applicant In F-2017-0346, the applicant –Nick’s Lobster House – proposes to – NYC Department of Corrections – proposes implementation of a install a 6’ x 100’ floating dock, a 6’ x 150’ floating dock, (5) 3’ x 20’ shoreline stabilization plan for Hart Island, Bronx, situated in the Long finger floats, and (4) 12’ x 50’ mooring piles within an existing marina Island Sound. The island has historic and archaeological significance servicing access to Nick’s Lobster House – a fish market and seafood due to the former uses of the site dating back to the Civil War to sup- restaurant open to the public. The business and marina facility are lo- port a prison, asylum, hospital, and reformatory. It is presently used as cated at 2777 Flatbush Avenue, Brooklyn, NY on the Mill Basin. a graveyard for the poor and for unidentified citizens from New York Interested parties and/or agencies desiring to express their views City. The shoreline plan is composed of three focus areas – East, West, concerning any of the above proposed activities may do so by filing and North shorelines. Existing, historic stone and mortar walls located their comments, in writing, no later than 4:30 p.m., 15 days from the along the East and West shorelines will be repaired in kind and in date of publication of this notice or June 15, 2017. Comments should place where there are localized damages. On the West shoreline, where be addressed to the Consistency Review Unit, Department of State, the structure has locally failed, the shore will be graded and sloped Office of Planning and Development, One Commerce Plaza, 99 and a rip rap revetment will be emplaced. The North shoreline is fully Washington Ave., Albany, NY 12231, (518) 474-6000, Fax (518) 473- exposed to wave and wind energy as no protective structures are 2464. Electronic submissions can be made by email at: present. To mitigate this exposure, the applicant proposes installation [email protected]. of 1,630 linear feet of riprap revetment. All activities are proposed in This notice is promulgated in accordance with Title 15, Code of the interest of protecting historic, archaelogically and culturally sig- Federal Regulations, Part 930. nificant features comprising the site and any disturbance of these re- sources will be avoided. The proposed work includes prior removal of debris and trash from the island. PUBLIC NOTICE In F-2017-0300, “Pier 42 Redevelopment, Phases 1a and 1b”, the Susquehanna River Basin Commission applicant – NYC Economic Development Corporation – proposes, as Commission Meeting 1a, demolition of a vacant, 106,900 square foot, one-story, steel frame SUMMARY: The Susquehanna River Basin Commission will hold warehouse structure. The facility sits on a concrete deck supported by its regular business meeting on June 16, 2017, in Entriken, concrete piles. This phase of work involves lead and asbestos abate- Pennsylvania. Details concerning the matters to be addressed at the ment of the warehouse structure and partial demolition of the building. business meeting are contained in the Supplementary Information sec- An existing reinforced concrete deck bulkhead and piles will remain tion of this notice. in place in current condition. No filling, dredging, or work below mean high water is associated with phase 1a. Phase 1b involves mainte- DATES: The meeting will be held on Friday, June 16, 2017, at 9 nance of an existing 240 linear foot concrete and granite block seawall. a.m. Work involves re-grouting, resetting, or replacing missing or loose ADDRESSES: The meeting will be held at the Lake Raystown granite blocks, repairing spalling concrete, and installing a new Resort, River Birch Ballroom, 3101 Chipmunk Crossing, Entriken, capstone. Areas of maintenance below mean high water will be PA 16638. repaired during low tide cycles. The site is located south of the FDR FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, drive and north of the East River, between Montgomery Street and General Counsel, 717-238-0423, ext. 1312. East River Park. An asphalt bike path that is part of the Manhattan SUPPLEMENTARY INFORMATION: The business meeting will Greenway runs alongside the northern border of the parcel, within the include actions or presentations on the following items: (1) informa- Project site. The remainder of the Project area consists of paved tional presentation of interest to the Juniata Subbasin area; (2) election parking. of officers for FY2018; (3) the proposed Water Resources Program for In F-2017-0309, the applicant – Peckham Materials Corporation – fiscal years 2018 and 2019; (4) amendment of the Comprehensive proposes maintenance dredging to restore and preserve safe draft Plan for the Water Resources of the Susquehanna River Basin; (5) the depths along an existing industrial site bulkhead for commercial proposed FY2018 Regulatory Program Fee Schedule; (6) adoption of barges entering and leaving the site. The proposed dredge area is 60’ x a preliminary FY2019 budget; (7) treasury management services 690’ (41,400 square feet) with a maximum depth of 12’ below mean agreement with First National Bank; (8) ratification/approval of low water. The estimated volume of material to be removed is contracts/grants; (9) rulemaking action to amend Commission regula- estimated to be between 10,000 and 15,000 cubic yards to accomplish tions to clarify application requirements and standards for review of the first dredging event. Future maintenance will involve less material projects, amend the rules dealing with the mitigation of consumptive – approximately 1,000 cubic yards per dredging event with an uses, add a subpart to provide for registration of grandfathered proj- anticipated frequency of one dredging event to occur each year ects, and revise requirements dealing with hearings and enforcement

68 NYS Register/May 31, 2017 Miscellaneous Notices/Hearings actions; (10) report on delegated settlements; (11) EOG Resources 5. SWN Production Company, LLC, Pad ID: Wheeler Well Pad, Inc. request for waiver of application required by 18 CFR § § 806.3 ABR-201205022.R1, Silver Lake Township, Susquehanna County, and 806.4; (12) Middletown Borough request for waiver of applica- Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: April 12, tion required by 18 CFR § 806.6(a)(5) and (b); and (13) Regulatory 2017. Program projects and requests for extension of emergency certificates, 6. SWN Production Company, LLC, Pad ID: O’Reilly Well Pad, including for Susquehanna Nuclear, LLC. ABR-201205023.R1, Forest Lake Township, Susquehanna County, Projects, the fee schedule, the request of waiver by EOG Resources Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: April 12, Inc., and amendments to the Comprehensive Plan listed for Commis- 2017. sion action are those that were the subject of a public hearing 7. SWN Production Company, LLC, Pad ID: Humbert Pad (RU-8), conducted by the Commission on May 11, 2017, and identified in the ABR-201206003.R1, New Milford Township, Susquehanna County, notice for such hearing, which was published in 82 FR 17497, April 11, 2017. The rulemaking was published in 81 FR 64814, September Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: April 12, 21, 2016, and subject to four public hearings on November 3, 2016; 2017. November 9, 2016; November 10, 2016; and December 8, 2016, and a 8. SWN Production Company, LLC, Pad ID: KOZIAL PAD, ABR- public comment period that closed on January 30, 2017. 201206016.R1, New Milford Township, Susquehanna County, Pa.; The public is invited to attend the Commission’s business meeting. Consumptive Use of Up to 4.9990 mgd; Approval Date: April 12, Comments on the Regulatory Program projects, the fee schedule, the 2017. request for waiver by EOG Resources Inc., and amendments to the 9. SWN Production Company, LLC, Pad ID: Marcucci_Jones Pad, Comprehensive Plan were subject to a deadline of May 22, 2017. Writ- ABR-201205017.R1, Stevens Township, Bradford County, Pa.; ten comments pertaining to other items on the agenda at the business Consumptive Use of Up to 4.9990 mgd; Approval Date: April 17, meeting may be mailed to the Susquehanna River Basin Commission, 2017. 4423 North Front Street, Harrisburg, Pennsylvania 17110-1788, or 10. Chief Oil & Gas, LLC, Pad ID: Teeter Drilling Pad, ABR- submitted electronically through http://www.srbc.net/pubinfo/ 201210013.R1, Smithfield Township, Bradford County, Pa.; Con- publicparticipation.htm. Such comments are due to the Commission sumptive Use of Up to 2.0000 mgd; Approval Date: April 17, 2017. on or before June 9, 2017. Comments will not be accepted at the busi- 11. Energy Corporation of America, Pad ID: COP 324 A, ABR- ness meeting noticed herein. 201208011.R1, Girard Township, Clearfield County, Pa.; Consump- AUTHORITY: Pub. L. 91-575, 84 Stat. 1509 et seq., 18 CFR Parts tive Use of Up to 5.0000 mgd; Approval Date: April 24, 2017. 806, 807, and 808. 12. Chief Oil & Gas, LLC, Pad ID: Tague West Drilling Pad, ABR- Dated: May 11, 2017. 201210012.R1, Lemon Township, Wyoming County, Pa.; Consump- Stephanie L. Richardson, tive Use of Up to 2.0000 mgd; Approval Date: April 24, 2017. Secretary to the Commission. 13. Chief Oil & Gas, LLC, Pad ID: SGL 12 D DRILLING PAD, ABR-201704002, Leroy Township, Bradford County, Pa.; Consump- tive Use of Up to 2.5000 mgd; Approval Date: April 26, 2017. PUBLIC NOTICE 14. SWEPI, LP, Pad ID: Owlett 843R, ABR-201204007.R1, Susquehanna River Basin Commission Middlebury Township, Tioga County, Pa.; Consumptive Use of Up to Projects Approved for Consumptive Uses of Water 4.0000 mgd; Approval Date: April 27, 2017. SUMMARY: This notice lists the projects approved by rule by the 15. SWEPI, LP, Pad ID: Hepler 235, ABR-201204008.R1, Sullivan Susquehanna River Basin Commission during the period set forth in Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; “DATES.” Approval Date: April 27, 2017. DATES: April 1-30, 2017. 16. Pennsylvania General Energy Company, LLC, Pad ID: COP ADDRESSES: Susquehanna River Basin Commission, 4423 N. Tract 293 Pad B, ABR-201206006.R1, Cummings Township, Lycom- Front St., Harrisburg, PA 17110-1788. ing County, Pa.; Consumptive Use of Up to 3.5000 mgd; Approval FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, Date: April 28, 2017. General Counsel, 717-238-0423, ext. 1312, [email protected]. Regular 17. Pennsylvania General Energy Company, LLC, Pad ID: COP mail inquiries may be sent to the above address. Tract 293 Pad C, ABR-201207010.R1, Cummings Township, Lycom- SUPPLEMENTARY INFORMATION: This notice lists the proj- ing County, Pa.; Consumptive Use of Up to 3.5000 mgd; Approval ects, described below, receiving approval for the consumptive use of Date: April 28, 2017. water pursuant to the Commission’s approval by rule process set forth AUTHORITY: Pub. L. 91-575, 84 Stat. 1509 et seq., 18 CFR Parts in 18 CFR § 806.22(e) and § 806.22 (f) for the time period specified 806, 807, and 808. above: Dated: May 16, 2017. Approvals By Rule Issued Under 18 CFR 806.22(e): Stephanie L. Richardson, 1. Mount Nittany Medical Center, ABR-201704001, College Town- Secretary to the Commission. ship, Centre County, Pa.; Consumptive Use of Up to 0.0750 mgd; Ap- proval Date: April 10, 2017. PUBLIC NOTICE Approvals By Rule Issued Under 18 CFR 806.22(f): Susquehanna River Basin Commission 1. Chief Oil & Gas, LLC, Pad ID: Romisoukas Drilling Pad, ABR- 201209021.R1, Canton Township, Bradford County, Pa.; Consump- Projects Rescinded for Consumptive Uses of Water tive Use of Up to 2.0000 mgd; Approval Date: April 3, 2017. SUMMARY: This notice lists the approved by rule project rescinded 2. Chief Oil & Gas, LLC, Pad ID: T. Brown Drilling Pad, ABR- by the Susquehanna River Basin Commission during the period set 201210006.R1, Lemon Township, Wyoming County, Pa.; Consump- forth in “DATES.” tive Use of Up to 2.0000 mgd; Approval Date: April 12, 2017. DATES: April 1-30, 2017. 3. SWN Production Company, LLC, Pad ID: Coyle Well Pad, ABR- ADDRESSES: Susquehanna River Basin Commission, 4423 N. 201205006.R1, Liberty Township, Susquehanna County, Pa.; Con- Front St., Harrisburg, PA 17110-1788. sumptive Use of Up to 4.0000 mgd; Approval Date: April 12, 2017. FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, 4. SWN Production Company, LLC, Pad ID: Moore Well Pad, ABR- General Counsel, 717-238-0423, ext. 1312, [email protected]. Regular 201205021.R1, Silver Lake Township, Susquehanna County, Pa.; mail inquiries may be sent to the above address. Consumptive Use of Up to 4.0000 mgd; Approval Date: April 12, SUPPLEMENTARY INFORMATION: This notice lists the proj- 2017. ects, described below, being rescinded for the consumptive use of wa-

69 Miscellaneous Notices/Hearings NYS Register/May 31, 2017 ter pursuant to the Commission’s approval by rule process set forth in 18 CFR § 806.22(e) and § 806.22(f) for the time period specified above: Rescinded ABR Issued: 1. Ultra Resources, Inc., Pad ID: Brown #1 Pad Site, ABR- 201510004, West Branch Township, Potter County, Pa., Rescind Date: April 24, 2017. AUTHORITY: Pub. L. 91-575, 84 Stat. 1509 et seq., 18 CFR Parts 806, 807, and 808. Dated: May 16, 2017. Stephanie L. Richardson, Secretary to the Commission.

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