New York State Department of State

October 12, 2016 DEPARTMENT OF STATE Vol. XXXVIII Division of Administrative Rules Issue 41 NEW YORK STATE REGISTER

INSIDE THIS ISSUE: D Sanitation in Retail Food Stores and Method of Sale, at Retail, of Certain Foods D Implementation of Independent Expenditure Disclosure Pursuant to the Election Law D Residential Health Care Facility Quality Pool Court Notices Appendix

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 for which full text was included in the Notice or posted on a state web site, or which is a consensus rule or a rule defined in SAPA § 102(2)(a)(ii); or for a minimum of 60 days following publication in the Register of a Notice of Proposed Rule Making or a Notice of Emergency Adoption and Proposed Rule Making for which a summary of the text of the rule was included in the Notice and the full text of which was not published on a state web site; and for 30 days after publication of a Notice of 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 60-day period expires on December 11, 2016 – the 45-day period expires on November 26, 2016 – the 30-day period expires on November 11, 2016 ANDREW M. CUOMO GOVERNOR

ROSSANA ROSADO SECRETARY OF STATE

NEW YORK STATE DEPARTMENT OF STATE

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To be considered, comments must reach the agency before the proposed rule is adopted. The law provides for a minimum 45-day public comment period after publication in the Register of every Notice of Proposed Rule Making for which full text was included or posted on a state web site, or which is a consensus rule or a rule defined in SAPA § 102(2)(a)(ii); a minimum 60-day public comment period after publication in the Register of a Notice of Proposed Rule Making for which a summary of the text of the rule was included in the Notice and the full text of which was not published on a state web site; and a 30-day public comment period for every Notice of Revised Rule Making. If a public hearing is required by statute, public comments are accepted for at least five days after the last such hearing. Agencies are also required to specify in each notice the last date on which they will accept public comment.

When a time frame calculation ends on a Saturday or Sunday, the agency accepts public comment through the following Monday; when calculation ends on a holiday, public comment will be accepted through the following workday. Agencies cannot take action to adopt until the day after public comments are due.

The Administrative Regulations Review Commission (ARRC) is charged with the task of reviewing newly proposed regulations to examine the issues of compliance with legislative intent, impact on the economy, and impact on affected parties. In addition to sending comments or recommendations to the agency, please do not hesitate to transmit your views to ARRC:

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New York State Register October 12, 2016/Volume XXXVIII, Issue 41

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 Agriculture and Markets, Department of 1 / Sanitation in Retail Food Stores and Method of Sale, at Retail, of Certain Foods (E) Elections, State Board of 2 / Implementation of Independent Expenditure Disclosure Pursuant to the Election Law (E) Environmental Conservation, Department of 3 / Peekamoose Valley Riparian Corridor (A) Financial Services, Department of 4 / Inspecting, Securing and Maintaining Vacant and Abandoned Residential Real Property (P) 5 / Commercial Crime Coverage Exclusions (P) Gaming Commission, New York State 7 / Licensing and Registration of Gaming Facility Employees and Vendors (A) Health, Department of 7 / Residential Health Care Facility Quality Pool (EP) 9 / Compounded Trend to Cost of Living Adjustments (COLAs) for Direct Care Workers (P) Long Island Power Authority 10 / Handling of Certain Responsibilities Regarding Rehearings of Customer Complaints and Shared Meter Determinations (A) 10 / Modifications to the Authority's Tariff for Electric Service (A) 10 / PSEG Long Island's Balanced Billing Program (P) 11 / Authority's Power Supply Charge (P) 11 / Authority's Smart Grid Small Generator Interconnection Procedures (P) 11 / Authority's Revenue Decoupling Mechanism (P) 12 / Authority's Visual Benefits Assessment (P) Parks, Recreation and Historic Preservation, Office of 12 / Criteria Enabling Municipal Law Enforcement Agencies to Receive State Aid for Snowmobile Enforcement Duties (A) Power Authority of the State of New York 12 / Rates for the Sale of Power and Energy (P) Public Service Commission 13 / Submetering of Electricity (A) 13 / Petition for Amendments to Con Edison's SC No. 4—Backup/Supplementary Steam Service (A) 14 / Submetering of Electricity (A) 14 / Amendments to the Retail Access Program Under SC No. 8, Contained in P.S.C. No. 1 — Gas (A) 14 / Amendments to the Retail Access Program Under SC No. 19, Contained in P.S.C. No. 12—Gas (A) 15 / Submetering of Electricity (A) 15 / Tariff Amendments (A) 15 / Submetering of Electricity (A) 16 / Waiver of 16 NYCRR Sections 96.5(k)(3) and 96.6(b) (A) 16 / Petition for a Waiver of a 150-Day Provision (A) 16 / Emergency Rule (A) 17 / To Consider Proposed Amendments to the Original Criteria to Grandfathering Established in the Transition Plan (P) 17 / Proposed Revision to Rule 25.5—Meter Reading (Rule 25.5) (P) 17 / Utility Tariffs to Implement the Clean Energy Standard (P) 18 / Rider T—Commercial Demand Response Programs (Rider T) (P) Transportation, Department of 18 / Provisions Applicable to Administrative Hearings in Office of Proceedings (P) Hearings Schedule for Proposed Rule Makings /20 Action Pending Index /23

Advertisements for Bidders/Contractors 75 / Sealed Bids

Miscellaneous Notices/Hearings 77 / Notice of Abandoned Property Received by the State Comptroller 77 / Public Notice

Court Notices 81 / Supreme Court, Appellate Division, All Departments

Appendix /89 RULE MAKING ACTIVITIES

Each rule making is identified by an I.D. No., which consists Subject: Sanitation in retail food stores and method of sale, at retail, of of 13 characters. For example, the I.D. No. certain foods. Purpose: To cause the republication of regulations governing retail food AAM-01-96-00001-E indicates the following: stores and the method of sale of certain foods at retail. AAM -the abbreviation to identify the adopting agency Substance of emergency rule: Subpart 271-1. General Provisions. This Subpart sets forth the purpose of Part 271 as protecting the public 01 -the State Register issue number health (sec. 271-1.1). 96 -the year This Subpart also contains a definition section (sec. 271-1.2). Subpart 271-2. Food Supplies. 00001 -the Department of State number, assigned upon This Subpart generally sets forth the existing requirements governing receipt of notice. the storage, handling, preparation, offering for sale and sale of food by E -Emergency Rule Making—permanent action retail food stores. Subpart 271-3. Personnel. not intended (This character could also be: A This Subpart sets forth the existing requirements for management and for Adoption; P for Proposed Rule Making; RP personnel in food stores. for Revised Rule Making; EP for a combined Subpart 271-4. Equipment and Utensils. This Subpart sets forth the existing requirements for equipment and Emergency and Proposed Rule Making; EA for utensils, including design and condition. an Emergency Rule Making that is permanent Subpart 271-5. Cleaning, Sanitization and Storage of Equipment and and does not expire 90 days after filing.) Utensils. This Subpart sets forth the existing requirements for maintenance of Italics contained in text denote new material. Brackets equipment and utensils, including cleaning, sanitizing and storage of same. indicate material to be deleted. Subpart 271-6. Sanitary Facilities and Controls. This Subpart sets forth the existing requirements for water, steam, sew- age, plumbing, toilet rooms, handwash facilities, garbage and vermin control. Subpart 271-7. Construction and Maintenance of Physical Facilities. This Subpart sets forth the existing requirements for the physical Department of Agriculture and structure and layout of the store, including the exterior of the establishment. Markets Subpart 271-8. Food Display and Service at Salad Bars. This Subpart generally sets forth the existing requirements for maintaining food free of contamination and ensuring that food displays and salad EMERGENCY bars are kept under sanitary conditions. Subpart 271-9. Compliance and Enforcement. RULE MAKING This Subpart generally sets forth the existing required contents of a Hazard Analysis and Critical Control Point (HACCP) Plan as well as cir- Sanitation in Retail Food Stores and Method of Sale, at Retail, of cumstances under which a HACCP Plan is required for processing certain Certain Foods high risk foods. I.D. No. AAM-41-16-00004-E Subpart 272-1. Meat for Sale at Retail. Filing No. 897 This Subpart sets forth existing requirements and conditions regard- Filing Date: 2016-09-23 ing labeling and advertising; exceptions to labeling and advertising requirements in certain cases; the use of the name of the meat on label- Effective Date: 2016-09-23 ing; use of USDA grading terms; labeling of certain meat food products; and labeling of fabricated steak and frozen meat. There are PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- also charts depicting beef, veal, lamb and pork carcasses. Finally, cedure Act, NOTICE is hereby given of the following action: there is a prohibition against advertising meat for sale at retail unless Action taken: Addition of Parts 271 and 272 to Title 1 NYCRR. there is a sufficient quantity of product available at each outlet listed Statutory authority: Agriculture and Markets Law, sections 16, 18, 96-s in the advertisement to meet demand. and 214-b Subpart 272-2. Advertising and Marketing of Food for Sale at Finding of necessity for emergency rule: Preservation of public health, Retail. public safety and general welfare. Specific reasons underlying the finding of necessity: This regulation re- This Subpart sets forth existing requirements concerning avail- adopts Parts 271 and 272 of 1 NYCRR. This is necessary due to a techni- ability of advertised items; mispricing of advertised items; and gen- cal error affecting Parts 271 and 272 when there was no rule making eral disclaimers. proceeding involving these Parts. In re-adopting these rules, the Depart- Subpart 272-3. Sale of Small Quantities of Prepackaged Fresh Fruits ment is not amending them, but is curing a lapse in coverage due to this and Vegetables. technical error. Based on the facts and circumstances set forth above, the Department This Subpart sets forth existing requirements which provide that has determined that the immediate adoption of these rules is necessary for small quantities of fresh fruits or vegetables shall be made available the preservation of the general welfare and that compliance with 202(1) of by opening a package of the commodity in stock, when the commod- the State Administrative Procedure Act would be contrary to the public ity in question is unavailable in unpackaged form. The Subpart also interest. requires the posting of a sign which reads “Small Quantities of

1 Rule Making Activities NYS Register/October 12, 2016

Prepackaged Fresh Fruits and Vegetables are Available upon regulations, in 1 NYCRR. As a result of a drafting error set forth in the Request.” express terms of a notice of adoption published in the New York State Register on June 22, 2016, all of Subchapter E of Chapter VI of 1 NYCRR Subpart 272-4. Sale of Seafood, Fish, Meat and Poultry in Frozen was repealed (that Subchapter contained Part 270 [maple syrup regula- State. tions], Part 271, and Part 272); the Department intended, however, only to This Subpart sets forth existing requirements which prohibit the delete and move Part 270 from that Subchapter and place it in Subchapter sale of seafood, food fish or shellfish, meat, meat by-product or meat D, not to repeal all of Subchapter E and Parts 271 and 272 therein. food product, poultry or poultry product in a frozen state when it was This emergency rulemaking is technical in nature and has been com- previously offered for sale in an unfrozen state, unless the package or menced to correct the error referred to above. The purported repeal of Subchapter E was, based upon the foregoing, without legal force and ef- container with the product is labeled with the words “This product fect with respect to Parts 271 and 272 and this technical rulemaking was previously offered for sale in an unfrozen state.” This Subpart has ensures that the public will be on notice that Subchapter E, and Parts 271 the same requirements regarding these products sold in bulk. and 272 therein, remain in full force and effect and were and are unaf- This notice is intended to serve only as an emergency adoption, to be fected by the deletion of Part 270 from that Subchapter. valid for 90 days or less. This rule expires December 21, 2016. As such, this emergency rulemaking will have no adverse impact on Text of rule and any required statements and analyses may be obtained jobs or employment opportunities in the State. from: Stephen D. Stich, NYS Department of Agriculture and Markets, 10B Airline Drive, Albany, NY 12235, (518) 457-4492, email: [email protected] State Board of Elections Regulatory Impact Statement The proposed rule will have the effect of republishing Part 271, the retail food store sanitation regulations, and Part 272, the retail food sales EMERGENCY regulations, in 1 NYCRR. As a result of a drafting error set forth in the express terms of a notice of adoption published in the New York State RULE MAKING Register on June 22, 2016, all of Subchapter E of Chapter VI of 1 NYCRR was repealed (that Subchapter contained Part 270 [maple syrup regula- Implementation of Independent Expenditure Disclosure tions], Part 271, and Part 272); the Department intended, however, only to Pursuant to the Election Law delete and move Part 270 from that Subchapter and place it in Subchapter D, not to repeal all of Subchapter E and Parts 271 and 272 therein. I.D. No. SBE-41-16-00003-E This emergency rulemaking has been commenced to correct the error Filing No. 896 referred to above. The purported repeal of Subchapter E was, based upon Filing Date: 2016-09-23 the foregoing, without legal force and effect with respect to Parts 271 and Effective Date: 2016-09-23 272 and this rulemaking ensures that the public will be on notice that Subchapter E, and Parts 271 and 272 therein, remain in full force and effect and were and are unaffected by the deletion of Part 270 from that PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Subchapter. cedure Act, NOTICE is hereby given of the following action: As such, this emergency rulemaking is a technical amendment and is Action taken: Amendment of section 6200.10 of Title 9 NYCRR. therefore exempt from SAPA section 202-a. Statutory authority: Election Law, section 14-107(7) Regulatory Flexibility Analysis Finding of necessity for emergency rule: Preservation of general welfare. The proposed rule will have the effect of republishing Part 271, the Specific reasons underlying the finding of necessity: On August 24, retail food store sanitation regulations, and Part 272, the retail food sales 2016, the Governor signed into law Chapter 286 of the Laws of 2016, regulations, in 1 NYCRR. As a result of a drafting error set forth in the concerning, among other things, modifications and additions to the laws express terms of a notice of adoption published in the New York State relating to the disclosure of Independent Expenditures, certain portions of Register on June 22, 2016, all of Subchapter E of Chapter VI of 1 NYCRR which go into effect 30 days after being signed into law; which is was repealed (that Subchapter contained Part 270 [maple syrup regula- September 23, 2016. tions], Part 271, and Part 272); the Department intended, however, only to It has been long established that timely and accurate disclosure of cam- delete and move Part 270 from that Subchapter and place it in Subchapter paign financial activity is of critical import to the electoral process, and D, not to repeal all of Subchapter E and Parts 271 and 272 therein. that such disclosure also includes the disclosure of Independent Expendi- This emergency rulemaking is technical in nature and has been com- ture activity. menced to correct the error referred to above. The purported repeal of A conflict between the regulations of the Board and the statute would Subchapter E was, based upon the foregoing, without legal force and ef- frustrate disclosure. It is therefore necessary for the general welfare of the fect with respect to Parts 271 and 272 and this technical rulemaking public that Part 6200.10 of the NYCRR be amended on an Emergency ensures that the public will be on notice that Subchapter E, and Parts 271 Basis, to implement the disclosure of Independent Expenditures that are and 272 therein, remain in full force and effect and were and are unaf- required by law. fected by the deletion of Part 270 from that Subchapter. Subject: Implementation of independent expenditure disclosure pursuant As such, this rulemaking will have no impact on regulated parties, to the election law. including small business and local governments. Purpose: The rule effectuates the amendments to article 14 of the Election Rural Area Flexibility Analysis Law resulting from chapter 286 of the Laws of 2016. The proposed rule will have the effect of republishing Part 271, the retail food store sanitation regulations, and Part 272, the retail food sales Substance of emergency rule: The proposed amendment to 6200.10 regulations, in 1 NYCRR. As a result of a drafting error set forth in the implements changes in law resulting from Chapter 286 of the Laws of express terms of a notice of adoption published in the New York State 2016. The rules provides for additional aspects to the definition of what is Register on June 22, 2016, all of Subchapter E of Chapter VI of 1 NYCRR and what is not an independent expenditure, including a definition of was repealed (that Subchapter contained Part 270 [maple syrup regula- activities that are coordination as well as activities that are not tions], Part 271, and Part 272); the Department intended, however, only to coordination. The rule provides for changes to the content and manner of delete and move Part 270 from that Subchapter and place it in Subchapter disclosures required by independent expenditure entities. Political action D, not to repeal all of Subchapter E and Parts 271 and 272 therein. committees are defined, and additional disclosures and limitations required This emergency rulemaking is technical in nature and has been com- by law are provided for. menced to correct the error referred to above. The purported repeal of This notice is intended to serve only as a notice of emergency adoption. Subchapter E was, based upon the foregoing, without legal force and ef- This agency intends to adopt this emergency rule as a permanent rule and fect with respect to Parts 271 and 272 and this technical rulemaking will publish a notice of proposed rule making in the State Register at some ensures that the public will be on notice that Subchapter E, and Parts 271 future date. The emergency rule will expire December 21, 2016. and 272 therein, remain in full force and effect and were and are unaf- Text of rule and any required statements and analyses may be obtained fected by the deletion of Part 270 from that Subchapter. from: Brian L. Quail, New York State Board of Elections, 40 North Pearl As such, this emergency rulemaking will have no impact on regulated Street, Floor 5, Albany, New York 12207, (518) 473-5088, email: parties, including those in rural areas. [email protected] Job Impact Statement Regulatory Impact Statement The proposed rule will have the effect of republishing Part 271, the 1. Statutory authority: Election Law 14-107 requires the New York retail food store sanitation regulations, and Part 272, the retail food sales State Board of Elections to provide for reporting of independent expendi-

2 NYS Register/October 12, 2016 Rule Making Activities tures, and this requires rules for implementation. Election Law 14-107[7] 9. (IF APPLICABLE): Initial review of the rule, pursuant to SAPA expressly authorizes the New York State Board of Elections to promulgate § 207: Not applicable. such rules and regulations. Rural Area Flexibility Analysis 2. Legislative objectives: The legislative objective furthered by the Under SAPA 202-bb(4)(a), when a rule does not impose an adverse eco- regulation is to provide the system of independent expenditure reporting nomic impact on rural areas and the agency finds it would not impose that increases transparency in the election process. Specifically this regulation makes amendments to conform to amendment to Election Law 14- reporting, recordkeeping, or other compliance requirements on public or 107 enacted by Chapter 286 of the Laws of 2016. private entities in rural areas, the agency may file a Statement in Lieu of. 3. Needs and benefits: The regulation amends the independent expendi- This rule has statewide application, amending the rules for independent ture reporting requirements of the Election Law and is required to imple- expenditure reporting as provided by Election Law section 14-107. The ment Chapter 286 of the Laws of 2016. The rules provides for additional proposed rule does not create any new reporting, recordkeeping or other aspects to the definition of what is and what is not an independent expen- routine compliance requirements as they are already expressly required by diture, including a definition of activities that are coordination as well as law. Accordingly, this rule has no adverse impacts on any area. activities that are not coordination. The rule provides for changes to the Job Impact Statement content and manner of disclosures required by independent expenditure 1. Nature of impact: This rule should have minimal or no impact on entities. Political action committees are defined, and additional disclosures jobs as it amends existing independent disclosure requirements by politi- and limitations required by law are provided for. cal committees. Prior to this rule, which amends specific reporting require- 4. Costs: ments to reflect amendments to Election Law § 14-107 in 2016, commit- a. This regulatory amendment does not increase costs to regulated par- tees already had obligations to register and disclose expenditure activity ties as the regulation reflects only existing statutory obligations. There is a with the State Board of Elections. cost to the time and effort required by regulated political committees to 2. Categories and numbers affected: This rule will impact committees register and file reports. which engage in independent expenditure activity. This rules will not cre- b. There is no new agency or state costs created by this rulemaking. ate employment opportunities. c. This assessment of cost is based on the nature of the regulation. 3. Regions of adverse impact. This rules has a statewide applicability, d. This regulatory amendment does not create new costs as the report- and has no disproportionate adverse impact on jobs or employment op- ing obligations are in Election Law 14-107. 5. Local government mandates: There are no additional responsibilities portunities in any region. imposed by this rule upon any county, city, town, village, school district, 4. Minimizing adverse impact: The State Board of Elections has not fire district or other special district. taken any measures to minimize adverse impact on existing jobs or 6. Paperwork: This proposed rule imposes no new reporting or regula- promote the development of new employment opportunities because the tory filing requirements not provided for by statute, but statutory compli- State Board of Elections has determined this rule would not have an ance requires registering as a political committee if engaging in indepen- adverse impact on jobs. dent expenditure activity and filing appropriate reports. 5. (IF APPLICABLE) Self-employment opportunities: Not applicable. 7. Duplication: There is no jurisdictional duplication created by this 6. (IF APPLICABLE) Initial review of the rule, pursuant to SAPA rulemaking. § 207: Not applicable. 8. Alternatives: This rulemaking amends the existing regulations to Assessment of Public Comment conform to the requirements of Election Law 14-107 as amended by The agency received no public comment since publication of the last as- Chapter 286 of the Laws of 2016. There are no known alternatives, but sessment of public comment. public comment will be accepted. 9. Federal standards: Not applicable. 10. Compliance schedule: The rule provides no new compliance schedules not already expressly provided for by section 14-107 of the Department of Environmental Election Law. Regulatory Flexibility Analysis Conservation 1. Effect of rule: There is no impact on local government due to this rule. This rule will have a minimal impact on small business. Should a small business engage in independent expenditures, the existing statute NOTICE OF ADOPTION and regulation would require the committee to register and report activity to the State Board of Elections. This rule reflects a statutory amendment to Election Law 14-107 in 2016. Peekamoose Valley Riparian Corridor 2. Compliance requirements: If a small business engaged in indepen- I.D. No. ENV-23-16-00001-A dent expenditures, they are required under existing law to register with the State Board of Elections as a political committee and to comply with the Filing No. 899 provisions of Article 14 of the Election Law, as applicable. This rule has Filing Date: 2016-09-27 no impact on local governments. Effective Date: 2016-10-12 3. Professional services: A small business that engages in independent expenditures may acquire accounting services to maintain and report activity to comply with the existing reporting requirements. This rule making, PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- conforming the statute to the regulatory text, does not significantly change cedure Act, NOTICE is hereby given of the following action: any such potential need. Action taken: Addition of section 190.35 to Title 6 NYCRR. 4. Compliance costs: It is unclear what the compliance costs are for Statutory authority: Environmental Conservation Law, sections regulated business or industry to comply with this rule. This rule making, 1-0101(3)(b), 3-0301(1)(b), (d), (2)(m), 9-0105(1) and (3) conforming the statute to the regulatory text, does not significantly change Subject: Peekamoose Valley Riparian Corridor. any such potential need. Nothing in this rule mandates any entity to engage in the activities triggering filing requirements. Purpose: Protect public health, safety and general welfare, as well as the 5. Economic and technological feasibility: Our assessment of the eco- natural resources on the Peekamoose Valley Riparian Corridor. nomic and technological feasibility of compliance with this rule, as with Text or summary was published in the June 8, 2016 issue of the Register, the existing rule, is that a small business would need a computer to make I.D. No. ENV-23-16-00001-EP. required disclosures. Final rule as compared with last published rule: No changes. 6. Minimizing adverse impact: The rule requires no mitigation of Text of rule and any required statements and analyses may be obtained impacts on small businesses as it regulates independent expenditures and from: William Rudge, Natural Resources Supervisor, NYS DEC, 21 South reporting by those entities which choose to engage in those activities on an Putt Corners Road, New Paltz, NY 12561-1696, (845) 256-3092, email: equal basis. The rules does not require engaging in such activities. The [email protected] rules has no impact on local governments. 7. Small business and local government participation: The State Board Additional matter required by statute: A Short EAF/Negative Declaration of Elections has solicited and will continue to solicit public comment. has been prepared in compliance with Article 8 of the Environmental Con- This would include comments that may suggest alternatives to minimize servation Law. the impact on small businesses that choose to make independent expendi- Initial Review of Rule tures regulated by Article 14 of the Election Law. As a rule that requires a RFA, RAFA or JIS, this rule will be initially 8. (IF APPLICABLE) For rules that either establish or modify a viola- reviewed in the calendar year 2019, which is no later than the 3rd year af- tion or penalties associated with a violation: Not applicable. ter the year in which this rule is being adopted.

3 Rule Making Activities NYS Register/October 12, 2016

Assessment of Public Comment Subject: Inspecting, Securing and Maintaining Vacant and Abandoned Peekamoose Valley Riparian Corridor (Blue Hole) Special Regulations Residential Real Property. The 45 day public comment period from June 8 through July 23, 2016 Purpose: To implement the requirements imposed by the recent additions resulted in eight written comments. In addition, the Department hosted a to the Real Property Actions and Proceedings Law. public meeting on June 21, 2016 in the local community to explain the regulations and receive public comments. Approximately 20 people at- Substance of proposed rule (Full text is posted at the following State tended the meeting and several made verbal comments. website:www.dfs.ny.gov): Part Q of Chapter 73 of the Laws of 2016 Comment: Strongly support the proposed regulations. Feels that the enacted two new sections to the Real Property Actions and Proceedings regulations will help deter abuse and overuse of the property. (eight writ- Law (“RPAPL”), 1308 and 1310, which impose requirements on certain ten comments, several verbal comments). persons to maintain vacant and abandoned residential real property in Response: Thank you. New York and to report vacant and abandoned properties to the New York Comment: Post “Park head-on” signs to encourage people to park in the State Department of Financial Services (the “Department”), and authorizes most efficient way, given the limited parking available. the Department to promulgate regulations to implement the new Response: The Department will look into ways to delineate parking requirements. The following sections are added as part of the proposed spaces in gravel lots to improve parking. regulation to implement RPAPL Section 1308 and 1310: Comment: Limit the number of people who use the property on a given Section 422.1, the preamble, explains that the proposed regulation day. Require permits for camping and day use. implements RPAPL Sections 1308 and 1310. Response: The new regulations are intended to help reduce natural Section 422.2, defines common terms used throughout the proposed resource damage by addressing the types of uses, not the number of users, regulation. which is limited by available parking. If this approach is unsuccessful, Section 422.3, explains how covered persons are to assess whether they limiting the number of users could be considered. qualify for the exemption provided for in RPAPL Section 1308. Comment: Need more officers to enforce the regulations. Section 422.4, explains how covered persons are to satisfy the vacant Response: The Department is working with other agencies including and abandoned property reporting requirements imposed by RPAPL Sec- the State Police, New York City Department of Environmental Protection, tion 1310. and Ulster County to assist with law enforcement in the valley. Section 422.5, sets forth what information covered persons will provide Comment: Hiking trailhead parking is not useable due to Blue Hole to the Department on a quareterly basis evidencing the satisfaction of the visitors filling it up. maintenance requirements imposed by RPAPL Section 1308. Response: The trailhead parking lot is available to people accessing the Section 422.6, clarifies that the RPAPL Section 1310 reporting require- forest preserve for a variety of public uses, including hiking, hunting, ments apply to mortgagees and mortgage loan servicers for every vacant backpacking, fishing and picnicking. and abandoned property in New York, but that only one report needs to be Comment: What are the results of water samples taken downstream of filed for each vacant and abandoned property. the Blue Hole? Section 422.7, explains how the Department interprets and will apply Response: Water quality samples have not shown adverse impacts to the language in RPAPL 1308(10) relating to federal law, court orders and water quality. investor guidelines. Comment: Can New York City Department of Environmental Protec- Section 422.8, states that the information maintained in the vacant and tion close the road to protect the drinking water supply? abandoned property database will be maintained confidentially in accor- Response: No. dance with the requirements of RPAPL 1310(1), and explains the process Comment: No cell service delays emergency response. that the Department will follow in deciding whether to release information Response: The Department does not provide cell service, but we recog- from the database. nize this problem and are working to improve radio reception for emer- Section 422.9, states that the proposed regulation will be enforced in gency response. accordance with the provisions of the RPAPL, the Financial Services Law Comment: Prohibit diving or swinging from a rope in the Blue Hole. and the Banking Law. Response: The Department prohibits rope swings and removes them Section 422.10, sets the effective date of the proposed regulation as when found. December 20, 2016. Comment: Any progress on a radio repeater? Text of proposed rule and any required statements and analyses may be Response: Yes, we are working to develop a repeater on private land obtained from: Celeste Koeleveld, New York State Department of that will improve radio reception for law enforcement and emergency re- Financial Services, One State Street, New York, NY 10004, (212) 709- sponse organizations. 1663, email: [email protected] Comment: Prohibit shooting. Response: Hunting with a firearm is allowed on state forest preserve Data, views or arguments may be submitted to: Same as above. lands consistent with all laws and rules and regulations. Public comment will be received until: 45 days after publication of this Comment: Get people off the road. notice. Response: The Department is considering the construction of a pedes- Regulatory Impact Statement trian trail from the trailhead parking lot to the Blue Hole Kiosk to reduce 1. Statutory Authority. pedestrian use of the road. This proposal will be included in the Sundown Part Q of Chapter 73 of the Laws of 2016 enacted two new sections of Wild Forest Unit Management Plan revision. the Real Property Actions and Proceedings Law (“RPAPL”), 1308 and Comment: Bear-proof dumpsters and outhouses are needed. 1310, which impose requirements on certain persons to maintain vacant Response: The Department has made arrangements for a bear-proof and abandoned residential real property in New York and to report vacant dumpster and a port-a-john at the Blue Hole from Memorial Day through and abandoned properties to the New York State Department of Financial Columbus Day weekends. Services (the “Department”), and authorizes the Department to promulgate regulations to implement the new requirements. In addition, RPAPL Section 1306 requires that lenders, assignees and mortgage loan servicers file a notice with the Department before com- Department of Financial Services mencing a foreclosure proceeding in New York. 2. Legislative Objectives. The Legislature added Sections 1308 and 1310 to the RPAPL to address the vacant and abandoned property problems facing New York. PROPOSED RULE MAKING These properties create health and safety concerns for the communities in NO HEARING(S) SCHEDULED which they are located, drag down property values in the neighborhood and may be subject to criminal activity. The new RPAPL sections address Inspecting, Securing and Maintaining Vacant and Abandoned these issues by requiring that all vacant and abandoned properties be Residential Real Property reported to a database maintained by the Department and imposing requirements on certain persons to inspect, secure and maintain vacant I.D. No. DFS-41-16-00006-P and abandoned properties. 3. Needs and Benefits. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- The proposed regulation explains the process that will be used to cedure Act, NOTICE is hereby given of the following proposed rule: identify the state or federally chartered banks, savings banks, savings and loan associations, or credit unions subject to the requirements of Section Proposed Action: Addition of Part 422 to Title 3 NYCRR. 1308; the reports that persons subject to the requirements of Section 1308 Statutory authority: Real Property Actions and Proceedings Law, sec- will have to submit to the Department regarding delinquent loans on resi- tions 1306, 1308 and 1310 dential real property and efforts to inspect, secure, maintain and foreclose

4 NYS Register/October 12, 2016 Rule Making Activities on those properties; and the application of federal law and investor 2. Reporting, recordkeeping and other compliance requirements; profes- guidelines under Section 1308(10). In addition, the proposed regulation sional services: explains the process to be followed by covered persons in reporting vacant The proposed regulation identifies the information that mortgagees and and abandoned properties to the Department and the procedures to be fol- mortgage loan servicers are required to provide to the Department of lowed in the event that the Superintendent of Financial Services deter- Financial Services, as contemplated by Real Property Actions and mines, in the exercise of her sole discretion, to release confidential infor- Proceedings Law Sections (“RPAPL”) Sections 1308 and 1310. mation concerning vacant and abandoned properties. 3. Costs: 4. Costs. The proposed regulation imposes no costs in addition to those already The proposed regulation imposes no costs beyond those already contemplated by RPAPL Sections 1308 and 1310. contemplated by RPAPL Sections 1308 and 1310. 4. Minimizing adverse impact: 5. Local Government Mandates. The proposed regulation does not impose a new regulatory require- The proposed regulation does not impose any new programs, services, ment, but implements the requirements imposed by the addition of RPAPL duties or responsibilities on local government. Sections 1308 and 1310. 6. Paperwork. 5. Rural area participation: The proposed regulation identifies the information that mortgagees and Due to the limited amount of time before the effective date of the mortgage loan servicers are required to provide to the Department, as RPAPL Sections 1308 and 1310, the publication of the proposed regula- contemplated by RPAPL Sections 1308 and 1310. tion will be the first opportunity for private and public interests in rural ar- 7. Duplication. eas to comment on the proposal. There is no duplication, overlap or conflict with State or Federal Job Impact Statement regulations. A Job Impact Statement for this proposed rule is not being submitted 8. Alternatives. because it is apparent from the nature and purposes of the proposed rule The Department is not aware of any alternatives to the proposed rule. that it will not have an adverse impact on jobs and/or employment 9. Federal Standards. The proposed regulation does not exceed any minimum standards of the opportunities. Federal government. There are no relevant Federal standards related to PROPOSED RULE MAKING this regulation. 10. Compliance Schedule. NO HEARING(S) SCHEDULED The proposed rule will become applicable upon formal adoption. Regulatory Flexibility Analysis Commercial Crime Coverage Exclusions 1. Effect of the Rule: The proposed rule implements authority granted to the New York State I.D. No. DFS-41-16-00012-P Department of Financial Services (the “Department”) in Sections 1308 and 1310 of the Real Property Actions and Proceedings Law (“RPAPL”), PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- as enacted by Part Q of Chapter 73 of the Laws of 2016. The proposed cedure Act, NOTICE is hereby given of the following proposed rule: regulation explains the process that will be used to identify the state or Proposed Action: Addition of Part 76 (Regulation 209) to Title 11 federally chartered banks, savings banks, savings and loan associations, or NYCRR. credit unions that are subject to the requirements of Section 1308; the reports that persons subject to the requirements of Section 1308 will have Statutory authority: Financial Services Law, sections 202 and 302; Insur- to submit to the Department regarding delinquent loans on residential real ance Law, sections 301, 2307 and arts. 23, 24 and 34 property and efforts to inspect, secure, maintain and foreclose on those Subject: Commercial Crime Coverage Exclusions. properties; and the application of federal law and investor guidelines under Purpose: To prohibit certain insurance exclusions for loss/damage caused Section 1308(10). In addition, the proposed regulation explains the pro- by an employee previously convicted of criminal offense. cess to be followed by covered persons in reporting vacant and abandoned Text of proposed rule: Section 76.0 Preamble and purpose. properties to the Department and the procedures to be followed in the (a) Correction Law section 753 states that the public policy of New event that the Superintendent of Financial Services determines, in the York, as expressed in Correction Law Article 23-A, is to encourage the exercise of her sole discretion, to release confidential information concern- licensure and employment of persons previously convicted of one or more ing vacant and abandoned properties. criminal offenses. Section 752 of the Correction Law forbids discrimina- The proposed rule does not have any impact on local governments. tion based upon a conviction for a previous criminal offense unless there 2. Compliance Requirements: is a direct relationship between one or more of the previous offenses and The proposed rule implements the compliance requirements imposed the specific employment sought or held by the individual; or the granting by Sections 1308 and 1310 of the RPAPL and clarifies how covered or continuation of employment would involve an unreasonable risk to persons are to comply with those legal provisions. property or to the safety or welfare of specific individuals or the general 3. Professional Services: public. Section 753 of the Correction Law specifies eight factors, includ- To the extent a small business is affected by the addition of Sections ing the public policy of the state, to be considered in making a determina- 1308 and 1310 to the RPAPL, a small business will not need any profes- tion pursuant to section 752. sional services, beyond any that may be required by the RPAPL, to comply (b) However, commercial crime insurance policies often have provi- with the proposed rule. sions that will exclude coverage for loss or damage caused by an em- 4. Compliance Costs: ployee who has been convicted of a criminal offense, where the employer There are no compliance costs beyond the existing costs of complying knew about the conviction prior to the loss or damage. This puts employ- with the requirements of the RPAPL. ers in the untenable position of either not being able to obtain insurance 5. Economic and Technological Feasibility: or violating the Correction Law by not hiring the individual, even though Filing of vacant and abandoned property notifications involves com- a review of the Correction Law factors would weigh in favor of mon, everyday functions performed by covered persons. employment. Given the strong public policy of the State, the Superinten- 6. Minimizing Adverse Impacts: dent has determined that it would be an unfair method of competition or The proposed regulation does not impose a new regulatory require- an unfair or deceptive act and practice in the conduct of the business of ment, but implements the requirements imposed by the addition of RPAPL insurance in this state for an insurer that writes commercial crime insur- Sections 1308 and 1310. The proposed regulation is not expected to impact ance policies in this state to exclude coverage where the employer has small businesses. weighed the factors set out in Correction Law Article 23-A and made a de- 7. Small Business and Local Government Participation: termination favorable to the employee. This proposed regulation does not impact local governments. Section 76.1 Definitions. Due to the limited amount of time before the effective date of the For purposes of this Part: RPAPL Sections 1308 and 1310, the publication of the proposed regula- (a) Commercial crime coverage means coverage under a policy of com- tion will be the first opportunity for small businesses to comment on the mercial risk insurance that provides burglary and theft insurance or fidel- proposal. The proposed regulation is not expected to impact small ity insurance; and businesses. (b) Commercial risk insurance has the meaning ascribed by Insurance Rural Area Flexibility Analysis Law section 107(a)(47). 1. Types and estimated numbers of rural areas: § 76.2 Prior convictions. While the regulation is expected to apply to residential real property lo- No policy issued, renewed or delivered in this state that provides com- cated in rural areas, it is not expected to increase costs or otherwise have mercial crime coverage may exclude or limit coverage for loss or damage an adverse impact on private or public interests in rural areas. caused by an employee if:

5 Rule Making Activities NYS Register/October 12, 2016

(a) the employee was convicted of one or more criminal offenses in this 4. Costs: Insurers that write commercial crime insurance will incur state or any other jurisdiction prior to being employed by the employer; some one-time costs to revise their policy forms and, where the forms and have to be filed with the Superintendent, to refile those forms with the (b) after learning about an employee’s past criminal conviction or Superintendent. convictions, the employer made a determination to hire or retain the em- This rule does not impose compliance costs on state or local ployee utilizing the factors set out in Correction Law Article 23-A. governments. The Department of Financial Services does not anticipate § 76.3 Determined violation. that it will incur additional costs, although there will be an increased A contravention of this Part shall be deemed to be an unfair method of number of filings. competition or an unfair or deceptive act and practice in the conduct of 5. Local government mandates: This rule does not impose any program, the business of insurance in this state, and shall be deemed to be a trade service, duty or responsibility upon a city, town, village, school district or practice constituting a determined violation, as defined in section 2402(c) fire district. of the Insurance Law, in violation of section 2403 of such law. 6. Paperwork: Insurance companies will have to submit appropriate Text of proposed rule and any required statements and analyses may be filings. obtained from: Celeste Koeleveld, NYS Department of Financial Ser- 7. Duplication: This rule will not duplicate any existing state or federal vices, One State Street, New York, NY 10004, (212) 709-1640, email: rule. [email protected] 8. Alternatives: One alternative would be to continue to allow insurers Data, views or arguments may be submitted to: Same as above. to exclude the coverage. However, it is unacceptable not to protect Public comment will be received until: 45 days after publication of this employers against losses when they are complying with the strong public notice. policy of the State in hiring individuals who have been convicted of criminal offenses. Another alternative would be simply to prohibit insurers Regulatory Impact Statement 1. Statutory authority: Sections 202 and 302 of the Financial Services from excluding coverage, regardless of whether the employer considered Law and Sections 301 and 2307 and Articles 23, 24 and 34 of the Insur- the Article 23-A factors. However, that would impose a greater risk on ance Law. Financial Services Law Sections 202 and 302 and Insurance insurers than would be necessary to implement the State’s public policy Law Section 301 authorize the Superintendent of Financial Services (the mandate. “Superintendent”) to prescribe regulations interpreting the provisions of 9. Federal standards: There are no federal standards. the Insurance Law and to effectuate any power granted to the Superinten- 10. Compliance schedule: The rule would be effective 90 days after dent under the Insurance Law. publication in the State Register with respect to all policies issued, Insurance Law Section 2307 sets forth the requirement that property/ renewed or delivered in this State on or after that date. This should give casualty insurance policies shall not be misleading or violative of public insurers sufficient time to revise their policy forms and to make appropri- policy. Articles 23 (Property/Casualty Insurance Rates) and 34 (Insurance ate policy form filings with the Superintendent. Contracts-Property/Casualty) are the general articles applicable to most Regulatory Flexibility Analysis property/casualty insurance policies. Article 24 prohibits any insurer from 1. Effect of rule: This rule will prohibit a property/casualty insurer that engaging in unfair methods of competition or unfair and deceptive acts or writes a commercial crime insurance policy from excluding coverage for practices. loss or damage caused by an employee who has been convicted of one or 2. Legislative objectives: Correction Law section 753 states that the more criminal offenses in this state or any other jurisdiction prior to being public policy of New York, as expressed in Correction Law Article 23 -A, employed by the employer, provided that, after learning about the employ- is to encourage the licensure and employment of persons previously ee’s past criminal conviction or convictions, the employer made a deter- convicted of one or more criminal offenses. The law forbids discrimina- mination to hire or retain the employee utilizing the factors set out in Cor- tion based upon a conviction for a previous criminal offense unless there rection Law Article 23-A. is a direct relationship between one or more of the previous offenses and Property/casualty insurers generally do not fall within the definition of the specific employment sought or held by the individual; or the granting a “small business” as defined by the State Administrative Procedure Act or continuation of employment would involve an unreasonable risk to § 102(8), because in general they are not independently owned and do not property or to the safety or welfare of specific individuals or the general have fewer than 100 employees. public. Section 753 of the Correction Law specifies eight factors, includ- Industry has asserted in the past that certain domestic insurers, in par- ing the public policy of the state, to be considered in making a determina- ticular co-op insurers and mutual insurers, subject to the rule are small tion pursuant to section 752. businesses. The Department does not readily know whether any insurer However, commercial crime insurance policies often have provisions that may be a small business is in fact writing commercial crime insurance. that will exclude coverage for loss or damage caused by an employee who 2. Compliance requirements: A local government will not have to has been convicted of a criminal offense, where the employer knew about undertake any reporting, recordkeeping, or other affirmative acts to the conviction prior to the loss or damage. This puts employers in the comply with the rule since the rule does not apply to a local government. untenable position of either not being able to obtain insurance or violating However, an insurer that may be a small business will need to revise its the Correction Law by not hiring the individual, even though a review of commercial crime insurance policy forms if it is currently writing such the Correction Law factors would weigh in favor of employment. Given coverage. the strong public policy of the State, the Superintendent has determined 3. Professional services: A local government will not need any profes- that it would be an unfair method of competition or an unfair or deceptive sional services to comply with this rule since the rule does not apply to a act and practice in the conduct of the business of insurance in this state for local government. It is not anticipated that an insurer that may be a small an insurer that writes commercial crime insurance policies in this state to business will need to utilize any professional services that it does not al- exclude coverage where the employer has weighed the factors and made a ready utilize in preparing policy forms and rate filings. determination favorable to the employee. 4. Compliance costs: A local government will not incur any costs to 3. Needs and benefits: This rule will prohibit an insurer that writes a comply with this rule since the rule does not apply to a local government. commercial crime insurance policy from excluding coverage for loss or An insurer that writes commercial crime insurance will incur some one- damage caused by an employee who has been convicted of one or more time costs to revise its policy forms and, where the forms have to be filed criminal offenses in this state or any other jurisdiction prior to being with the Superintendent, to refile those forms with the Superintendent. employed by the employer, provided that, after learning about the employ- The costs are expected to be minimal because insurers routinely make ee’s past criminal conviction or convictions, the employer made a deter- policy form and rate filings. mination to hire or retain the employee utilizing the factors set out in Cor- 5. Economic and technological feasibility: Economic and technological rection Law Article 23-A. This requirement will further the public policy feasibility is no concern for local governments because the rule does not of New York as stated in Correction Law Article 23-A. Because the apply to local governments. An insurer that has to make a rate or form fil- employer would have to make a determination utilizing the statutory facing in response to this rule would do so by the same method and manner tors, the risk to insurers should be mitigated. The Department is not aware that it already makes rate and form filings, so there should be no issue of any data that would indicate that an employee with a criminal history regarding the economic or technological feasibility of the rule. who has undergone a background check consistent with Article 23-A is 6. Minimizing adverse impact: There will not be an adverse impact on a any more of an insurance risk than an employee without such a criminal local government since the rule does not apply to a local government. history. These factors include the specific duties and responsibilities nec- While an insurer would have to provide coverage to an employer for acts essarily related to the employment sought; the bearing, if any, the offense of employees that are currently being excluded from coverage, the Depart- or offenses will have on the person’s ability to perform these duties; the ment does not anticipate any adverse impact on insurers. The Department time that has elapsed since the time of the offense; the age of the person at is not aware of any data that would indicate that an employee with a crim- the time of the offense, the seriousness of the offense, information about inal history who has undergone a background check consistent with Article the person’s rehabilitation and good conduct; and the legitimate interest of 23-A is any more of an insurance risk than an employee without such a the employer in protecting property and safety. criminal history. These factors include the specific duties and responsibil-

6 NYS Register/October 12, 2016 Rule Making Activities ities necessarily related to the employment sought; the bearing, if any, the not required to be licensed or registered. Section 5307.5 clarifies the forms offense or offenses will have on the person’s ability to perform these required for licensing of casino vendor enterprises or ancillary casino duties; the time that has elapsed since the time of the offense; the age of vendor enterprises, the standards applicable to such licensing, the forms the person at the time of the offense, the seriousness of the offense, infor- required for registration of employees of vendor registrants and the stan- mation about the person’s rehabilitation and good conduct; and the legiti- dards applicable to such employee registrants. mate interest of the employer in protecting property and safety. Final rule as compared with last published rule: Nonsubstantive changes 7. Small business and local government participation. The Department has sent the draft proposal to industry trade groups and is awaiting were made in section 5303.17 and Parts 5305 and 5306. feedback from those groups, including from any insurers in rural areas. In Text of rule and any required statements and analyses may be obtained addition, those insurers will have an opportunity to participate in the rule from: Kristen Buckley, Acting Secretary, New York State Gaming Com- making process when the proposed rule is published in the State Register mission, One Broadway Center, 6th Fl., Schenectady, NY 12305, (518) and posted on the Department’s website. 388-3407, email: [email protected] Rural Area Flexibility Analysis Revised Regulatory Impact Statement, Regulatory Flexibility Analysis, The Department of Financial Services (“Department”) finds that this Rural Area Flexibility Analysis and Job Impact Statement The Commis- rule does not impose any additional burden on persons located in rural ar- sion removed section 5303.17 as a nonsubstantive change. Additionally, eas, and will not have an adverse impact on rural areas. This rule applies the amendments to Parts 5305 through 5306 are no longer set forth for uniformly to regulated parties that do business in both rural and non-rural adoption. These changes do not necessitate a revision to the previously areas of New York State. published RIS, RFA, RAFA and JIS statements. Rural area participation: The Department has sent the draft proposal to Initial Review of Rule industry trade groups and is awaiting feedback from those groups, includ- As a rule that requires a RFA, RAFA or JIS, this rule will be initially ing from any insurers in rural areas. In addition, those insurers will have an opportunity to participate in the rule making process when the proposed reviewed in the calendar year 2019, which is no later than the 3rd year af- rule is published in the State Register and posted on the Department’s ter the year in which this rule is being adopted. website. Assessment of Public Comment Job Impact Statement The Gaming Commission received comments from one entity, Duane The Department of Financial Services finds that this rule should not have Morris LLP on behalf of Tioga Downs Racetrack LLC, in regard to this proposed rulemaking. The Commission has considered each of the com- any negative impact on jobs and employment opportunities. The rule ments received and decided that no changes were appropriate at this time. simply requires property/casualty insurers that write commercial crime in- In particular: surance policies to provide coverage for loss or damage caused by an em- 1. Proposed Rule 5303.14(a)(4). The commentator proposed the addi- ployee who has been convicted of one or more criminal offenses in this tion of language “or the interpretation of such statutory or regulatory pro- state or any other jurisdiction (prior to being employed by the employer), vision is subsequently modified by the commission.” The Commission provided that, after learning about the employee’s past criminal convic- disagrees and declines to add the proposed language. tion or convictions, the employer made a determination to hire or retain the employee utilizing the factors set out in Correction Law Article 23-A. If anything, the rule may make the policies more desirable to insureds and may increase the likelihood that they would purchase the coverage. Department of Health

New York State Gaming EMERGENCY/PROPOSED RULE MAKING Commission NO HEARING(S) SCHEDULED

Residential Health Care Facility Quality Pool NOTICE OF ADOPTION I.D. No. HLT-41-16-00002-EP Licensing and Registration of Gaming Facility Employees and Filing No. 893 Vendors Filing Date: 2016-09-21 I.D. No. SGC-32-16-00001-A Effective Date: 2016-09-21 Filing No. 898 PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Filing Date: 2016-09-27 cedure Act, NOTICE is hereby given of the following action: Effective Date: 2016-10-12 Proposed Action: Addition of section 86-2.42 to Title 10 NYCRR. Statutory authority: Public Health Law, section 2808(2-c)(d) PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedure Act, NOTICE is hereby given of the following action: Finding of necessity for emergency rule: Preservation of public health. Specific reasons underlying the finding of necessity: Public Health Law Action taken: Amendment of Parts 5303, 5304 and 5307 of Title 9 Section 2808(2-c)(d), as enacted by Section 95 of Part H of Chapter 59 of NYCRR. the Laws of 2011, specifically provides the Commissioner of Health with Statutory authority: Racing, Pari-Mutuel Wagering and Breeding Law, authority to issue emergency regulations in order to compute rates of pay- sections 104(19), 1307(1), (2), 1322, 1323, 1324, 1325, 1326 and 1327 ment for residential health care facilities. These regulations should be Subject: Licensing and registration of gaming facility employees and made effective immediately to ensure the preservation of public health vendors. through the continued quality of care to nursing home residents in New Purpose: To govern the licensing and registration of gaming facility em- York State. Of the nursing facilities included in the 2013 quality pool, ployees and vendors. 58% met performance goals sufficient to receive a distribution of the $50 Substance of final rule: The proposed amendments to Parts 5303 through million pool. The immediate implementation of these regulations will 5304 and 5307 of Subtitle T of Title 9 NYCRR clarifies the licensing and result in a Medicaid rate increase for these nursing facilities. The facilities registration process required by the New York Gaming Commission can use the additional funds to facilitate quality improvements through (“Commission”) for gaming facility employees and vendors. activities including, but not limited to, increasing direct care staffing Section 5303.9 clarifies the Commission’s expectations in regard to levels, providing training and education for staff, and utilizing technology. updating a submitted application. Section 5303.15 (renumbered as section Delaying the implementation of these regulations by following the 5303.14) specifies the process and circumstances under which an applicant traditional SAPA procedure would prevent nursing facilities from im- who has been denied a license or registration, or a licensee or registrant mediately using the funds to improve quality of care for their residents, whose license or registration has been revoked, may re-apply for a new and thus contrary to public interest. license or registration. Section 5307.2 revises language to allow for more Subject: Residential Health Care Facility Quality Pool. entities to be categorized as vendor registrants rather than ancillary casino Purpose: To reward NYS facilities with the highest quality outcomes as vendor enterprises. Section 5307.3 designates groups of vendors who are determined by methodology developed by regulation.

7 Rule Making Activities NYS Register/October 12, 2016

Substance of emergency/proposed rule (Full text is posted at the follow- Medicaid reimbursement rates for residential health care facilities. Such ing State website:www.health.ny.gov): The New York State Nursing rate regulations are set forth in Subpart 86-2 of Title 10 (Health) of the Of- Home Quality Pool (NHQP) is a $50 million budget-neutral pool that was ficial Compilation of Codes, Rules, and Regulations of the State of New established in the 2010-2011 final State budget. The pool was created to York. improve the quality of care for residents in Medicaid-certified nursing fa- Legislative Objectives: cilities across the state, and to reward facilities for quality based on their Subpart 86-2 of Title 10 will be amended by adding a new section 86- performance. The New York State Department of Health (NYS DOH) 2.42 to provide for the creation of a quality incentive pool intended to worked in consultation with a workgroup of industry experts, comprised improve the quality of care among nursing home residents in Medicaid- of representatives from five nursing home advocacy groups, as well as certified facilities, and to reward facilities based on their performance nursing home patient advocates to assist in the development of the quality compared to their peers. pool. The proposed regulation permits the Commissioner to establish The 2013 NHQP contains three measurement components comprised of benchmarks and measures toward achievement of raising overall quality. 14 quality measures, three compliance measures, and one efficiency Failure to achieve satisfactory progress in accomplishing such benchmarks measure. All measures are shown below with the measure steward in and goals, as determined by the Commissioner, shall be a basis for declin- parentheses. The measures included in the quality pool were decided upon ing to award quality incentive dollars to a facility. with input and advice from the workgroup based on expert opinions, Needs and Benefits: industry standards, and quality measure outcomes being assessed at the The quality pool is needed to incentivize nursing facilities to maintain national level. and improve the quality of care for their residents. The benefits of the Quality Measures quality pool include improving quality of care and, in turn, reducing over- D Annual level of temporary contract/agency staff used (NYS DOH) all health care costs. Specific benefits that fall under the umbrella of D Centers for Medicare and Medicaid Services (CMS) five-star quality improving quality of care include reducing the percent of residents with rating for staffing (CMS) pressure ulcers, reducing antipsychotic medication use, reducing urinary D Percent of employees vaccinated for the flu (NYS DOH) tract infections, reducing depression, reducing pain, reducing unnecessary D Percent of long stay high risk residents with pressure ulcers (CMS) weight loss, and reducing avoidable hospitalizations. These quality of care D Percent of long stay residents assessed and given, appropriately, the improvements are associated with reductions in health care costs and pneumococcal vaccine (CMS) improved quality of life for nursing home residents. The additional D Percent of long stay residents assessed and given, appropriately, the reimbursement provided by this adjustment will support the intent of the seasonal influenza vaccine (CMS) quality pool. Facilities can use the additional funds to facilitate quality D Percent of long stay residents experiencing one or more falls with ma- improvements through activities including, but not limited to, increasing jor injury (CMS) direct care staffing levels, providing training and education for staff, and D Percent of long stay residents who have depressive symptoms (CMS) utilizing technology. D Percent of long stay low risk residents who lose control of their bowel Costs: or bladder (CMS) Costs to Private Regulated Parties: D Percent of long stay residents who lose too much weight (CMS) There will be no additional costs to private regulated parties. The only D Percent of long stay residents who received an antipsychotic medica- additional data requested from providers are standard periodic report tion (CMS) which are already being completed by providers. D Percent of long stay residents who self-report moderate to severe pain Costs to State Government: (CMS) There is no additional aggregate increase in Medicaid expenditures D Percent of long stay residents whose need for help with daily activi- anticipated as a result of these regulations, as the cost of the temporary ties has increased (CMS) rate adjustment will be offset by the overall reduction in Medicaid. D Percent of long stay residents with a urinary tract infection (CMS) Costs to Local Government: Compliance Measures Local districts’ share of Medicaid costs is statutorily capped; therefore, D CMS Five-Star Quality Rating for Health Inspections (CMS) there will be no additional costs to local governments as a result of this D Timely submission of complete nursing home certified cost reports proposed regulation. (NYS DOH) Costs to the Department of Health: D Timely submission of employee flu immunization data (NYS DOH) There will be no additional costs to the Department of Health as a result Efficiency Measure of this proposed regulation. D Number of potentially avoidable hospitalizations per 10,000 long stay Local Government Mandates: episode days (CMS with NYS DOH modifications) The proposed regulation does not impose any new programs, services, The NYS DOH assesses the nursing homes on their performance in all duties or responsibilities upon any county, city, town, village, school components of the NHQP, as compared to their peers. Nursing homes are district, fire district or other special district. categorized into quintiles based on the distribution of their overall scores. Paperwork: Under the payment methodology of the 2013 NHQP, eligible nursing The proposed regulation does not have any paperwork requirements for homes contribute to the funding of the $50 million pool. The amount of a nursing facilities. nursing home’s contribution is proportional to the nursing home’s Duplication: Medicaid rate and total number of Medicaid patient days. The pool money This is an amendment to an existing State regulation and does not is redistributed to the nursing homes based on their quintile placement. duplicate any existing federal, state or local regulations. Nursing homes in the top three quintiles receive distributions, with nurs- Alternatives: ing homes in the first quintile receiving a proportion larger than nursing The authorizing statute, PHL Section 2808(2-c), specifically provides homes in the second and third quintiles, and nursing homes in the second for facilitating quality improvements through the establishment of a nurs- quintile receiving a proportion larger than nursing homes in the third ing home quality pool. Therefore no alternatives were considered. The quintile. The nursing homes in the fourth and fifth quintiles do not receive Department of Health worked in consultation with a workgroup of industry a redistribution. experts, comprised of representatives from five nursing home advocacy groups, as well as nursing home patient advocates to assist in the develop- This notice is intended: to serve as both a notice of emergency adoption ment of the quality pool. The quality measures included in the quality pool and a notice of proposed rule making. The emergency rule will expire were decided upon with input and advice from the workgroup based on December 19, 2016. expert opinions, industry standards, available data, and quality measure Text of rule and any required statements and analyses may be obtained outcomes being assessed at the national level. During development, the from: Katherine Ceroalo, DOH, Bureau of House Counsel, Reg. Affairs workgroup also provided input on the scoring methods of such quality Unit, Room 2438, ESP Tower Building, Albany, NY 12237, (518) 473- measure outcomes. 7488, email: [email protected] Federal Standards: Data, views or arguments may be submitted to: Same as above. The proposed regulation does not exceed any minimum standards of the Public comment will be received until: 45 days after publication of this federal government for the same or similar subject area. notice. Compliance Schedule: Regulatory Impact Statement This rule does not create new compliance or reporting requirements for Statutory Authority: nursing facilities in New York State. The statutory authority for this regulation is contained in Section Regulatory Flexibility Analysis 2808(2-c) of the Public Health Law (PHL) as enacted by Section 95 of No regulatory flexibility analysis is required pursuant to section 202- Chapter 59 of the Laws of 2011, which authorizes the Commissioner to (b)(3)(a) of the State Administrative Procedure Act. The proposed amend- promulgate regulations, including emergency regulations, with regard to ment does not impose an adverse economic impact on small businesses or

8 NYS Register/October 12, 2016 Rule Making Activities local governments, and it does not impose reporting, record keeping or (xi) Provider average general and administrative component, other compliance requirements on small businesses or local governments. which shall mean the sum of insurance-general and agency administration Rural Area Flexibility Analysis allocation for the base year for a provider, such sum to be divided by (the No rural area flexibility analysis is required pursuant to section 202- sum of total program/site costs and other than to/from transportation al- bb(4)(a) of the State Administrative Procedure Act. The proposed amend- location less the sum of food, repairs and maintenance, utilities, expensed ment does not impose an adverse impact on facilities in rural areas, and it equipment, household supplies, telephone, lease/rental equipment, does not impose reporting, record keeping or other compliance require- depreciation equipment, [insurance – property and casualty,] total ments on facilities in rural areas. The New York State Nursing Home Qual- property-provider paid, housekeeping and maintenance staff, salaried ity Pool places no additional reporting requirements on any nursing facil- clinical dollars, and contracted clinical dollars for the base year for a ity or locality. The data used in the calculation of the quality pool resulting provider). The provider average direct care hourly rate-excluding general and per diem adjustments are culled from existing data sources including and administrative, as computed in subparagraph (x) of this paragraph, the nursing home cost report (RHCF-4, RHCF-2), data from the DOH shall then be divided by (one minus the applicable provider average gen- Bureau of Immunization, Statewide Planning and Research Cooperative eral and administrative quotient), from which the provider average direct System data, and data from the Centers for Medicare and Medicaid care wage hourly rate-excluding general and administrative, as computed Services. in subparagraph (x) of this paragraph, shall be subtracted. Job Impact Statement Subparagraph (ii) of paragraph (3) of subdivision (b) of Section 86-10.5 A Job Impact Statement is not required pursuant to Section 201-a(2)(a) of is amended to read as follows: the State Administrative Procedure Act. It is apparent, from the nature and (ii) April 1, 2015 increase. In addition to the compensation fund- purpose of the proposed rule, that it will not have a substantial adverse ing effective January 1, 2105, providers that operate supervised IRAs, impact on jobs or employment opportunities. The proposed regulation has including supervised community residences, supportive IRAs, including no implications for job opportunities. supportive community residences, and group day habilitation will receive a compensation increase targeted to direct support professional and clini- PROPOSED RULE MAKING cal employees to be effective April 1, 2015. The compensation increase NO HEARING(S) SCHEDULED funding will be inclusive of associated fringe benefits. The April 1, 2015 direct support professionals compensation funding will be [the same, on Compounded Trend to Cost of Living Adjustments (COLAs) for an annualized basis, as that] compounded on the amount which was Direct Care Workers calculated for the January 1, 2105 compensation increase and will be an augmentation to the January 1, 2105 increase. I.D. No. HLT-41-16-00005-P Paragraph (d) of Section 86-10.8 is amended to read as follows: (d) April 1, 2015 increase. In addition to compensation funding effec- PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- tive January 1, 2105, the fees for specialized template population funding cedure Act, NOTICE is hereby given of the following proposed rule: will revised to incorporate funding for a compensation increase to direct Proposed Action: This is a consensus rule making to amend Subpart 86-10 support professional and clinical employees to be effective April 1, 2015. of Title 10 NYCRR. The April 1, 2015 direct support compensation funding will be [the same, on an annualized basis, as that] compounded on the amount which was Statutory authority: Public Health Law, section 201; Mental Hygiene Law, section 43.02; L. 2014, ch. 60, part I, section 2 calculated for the January 1, 2015 compensation increase and will be an augmentation to the January 1, 2015 increase. Subject: Compounded Trend to Cost of Living Adjustments (COLAs) for Direct Care Workers. Text of proposed rule and any required statements and analyses may be Purpose: To update the methodology to reflect a compounded cost of liv- obtained from: Katherine Ceroalo, DOH, Bureau of House Counsel, Reg. ing adjustment and to remove a superfluous component. Affairs Unit, Room 2438, ESP Tower Building, Albany, NY 12237, (518) 473-7488, email: [email protected] Text of proposed rule: Subparagraph (xi) of paragraph (1) of subdivision (c) of Section 86-10.3 is amended to read as follows: Data, views or arguments may be submitted to: Same as above. (xi) Provider average general and administrative component, Public comment will be received until: 45 days after publication of this which shall mean the sum of insurance-general and agency administration notice. allocation for the base year for a provider, such sum to be divided by (the sum of total program/site costs and other than to/from transportation al- This rule was not under consideration at the time this agency submitted location less the sum of food, repairs and maintenance, utilities, expensed its Regulatory Agenda for publication in the Register. equipment, household supplies, telephone, lease/rental equipment, Consensus Rule Making Determination depreciation equipment, [insurance – property and casualty,] total Statutory Authority: property-provider paid, housekeeping and maintenance staff, salaried clinical dollars, and contracted clinical dollars for the base year for a Public Health Law Section 201, Mental Hygiene Law Section 43.02 provider). The provider average direct care hourly rate-excluding general and Section 2 of Part I of Chapter 60 of the Laws of 2014. and administrative, as computed in subparagraph (x) of this paragraph, Basis: shall then be divided by (one minus the applicable provider average gen- There are two types of technical amendments proposed. The first eral and administrative quotient), from which the provider average direct amendment, to various subdivisions of 10 NYCRR Part 86-10.3 removes care wage hourly rate-excluding general and administrative, as computed the insurance-property and casualty subcomponent from the Provider in subparagraph (x) of this paragraph, shall be subtracted. Average General and Administrative component. The removal of the Subparagraph (xi) of paragraph (1) of subdivision (d) of Section 86- insurance-property and casualty subcomponent does not impact provider 10.3 is amended to read as follows: reimbursement, as the amounts intended to be reimbursed by such (xi) Provider average general and administrative component, subcomponent are in fact reimbursed by other subcomponents within the which shall mean the sum of insurance-general and agency administration Provider Average General and Administrative component. The inclusion allocation for the base year for a provider, such sum to be divided by (the of the insurance- property and casualty subcomponent within the Provider sum of total program/site costs and other than to/from transportation allocation less the sum of food, repairs and maintenance, utilities, expensed Average General and Administrative component was an error and has equipment, household supplies, telephone, lease/rental equipment, never been reimbursed. depreciation equipment, [insurance – property and casualty,] total The second amendment, made to 10 NYCRR Part 86-10.5 and 10 property-provider paid, housekeeping and maintenance staff, salaried NYCRR Part 86-10.8 are clarifications that the two percent cost of living clinical dollars, and contracted clinical dollars for the base year for a adjustment mandated by Section 2 of Part I of Chapter 60 of the Laws of provider). The provider average direct care hourly rate-excluding general 2014 are to be compounded annually. The compounding of such cost of and administrative, as computed in subparagraph (x) of this paragraph, living adjustment is mandated by such statute. shall then be divided by (one minus the applicable provider average gen- Job Impact Statement eral and administrative quotient), from which the provider average direct care wage hourly rate-excluding general and administrative, as computed No Job Impact Statement is required pursuant to section 201 a(2)(a) of the in subparagraph (x) of this paragraph, shall be subtracted. State Administrative Procedure Act. It is apparent, from the nature of the Subparagraph (xi) of paragraph (1) of subdivision (e) of Section 86- proposed amendment, that it will not have a substantial adverse impact on 10.3 is amended to read as follows: jobs and employment opportunities.

9 Rule Making Activities NYS Register/October 12, 2016

thorize an additional Commercial Solar Feed-In Tariff for up to 20 MW and an additional Fuel Cell Feed-In Tariff for up 40 MW, at prices to be Long Island Power Authority set by competitive auctions. Final rule as compared with last published rule: Nonsubstantive changes were made in Leaf 16 and Leaves 255I-V. NOTICE OF ADOPTION Text of rule and any required statements and analyses may be obtained from: Justin Bell, Long Island Power Authority, 333 Earle Ovington Handling of Certain Responsibilities Regarding Rehearings of Blvd., Suite 403, Uniondale, NY 11553, (516) 222-7700, email: Customer Complaints and Shared Meter Determinations [email protected] I.D. No. LPA-19-16-00015-A Revised Regulatory Impact Statement A revised regulatory impact statement is not submitted with this notice Filing Date: 2016-09-27 because the rule is within the definition contained in section 102(2)(a)(ii) Effective Date: 2016-10-01 of the State Administrative Procedure Act. Revised Regulatory Flexibility Analysis PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- A revised regulatory flexibility analysis is not submitted with this notice cedure Act, NOTICE is hereby given of the following action: because the rule is within the definition contained in section 102(2)(a)(ii) Action taken: The Long Island Power Authority adopted a proposal to of the State Administrative Procedure Act. modify its Tariff for Electric Service to transfer certain responsibilities Revised Rural Area Flexibility Analysis regarding handling of customer complaints to the Long Island Office of A revised rural area flexibility analysis is not submitted with this notice the Department of Public Service. because the rule is within the definition contained in section 102(2)(a)(ii) Statutory authority: Public Authorities Law, section 1020-f(z) and (u) of the State Administrative Procedure Act. Subject: Handling of certain responsibilities regarding rehearings of Revised Job Impact Statement customer complaints and shared meter determinations. A revised job impact statement is not submitted with this notice because Purpose: To transfer certain responsibilities regarding customer com- the rule is within the definition contained in section 102(2)(a)(ii) of the plaints to the Long Island Office of the Department of Public Service. State Administrative Procedure Act. Text or summary was published in the May 11, 2016 issue of the Regis- Assessment of Public Comment ter, I.D. No. LPA-19-16-00015-P. An assessment of public comment is not submitted with this notice because Final rule as compared with last published rule: No changes. the rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act. Text of rule and any required statements and analyses may be obtained from: Justin Bell, Long Island Power Authority, 333 Earle Ovington PROPOSED RULE MAKING Blvd., Suite 403, Uniondale, NY 11553, (516) 222-7700, email: [email protected] HEARING(S) SCHEDULED Revised Regulatory Impact Statement A revised regulatory impact statement is not submitted with this notice PSEG Long Island's Balanced Billing Program because the rule is within the definition contained in section 102(2)(a)(ii) I.D. No. LPA-41-16-00007-P of the State Administrative Procedure Act. Revised Regulatory Flexibility Analysis PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- A revised regulatory flexibility analysis is not submitted with this notice cedure Act, NOTICE is hereby given of the following proposed rule: because the rule is within the definition contained in section 102(2)(a)(ii) Proposed Action: The Long Island Power Authority (“the Authority”) of the State Administrative Procedure Act. Staff proposes to modify the Tariff for Electric Service effective January Revised Rural Area Flexibility Analysis 1, 2017 to implement improvements to PSEG Long Island's balanced billing program. A revised rural area flexibility analysis is not submitted with this notice because the rule is within the definition contained in section 102(2)(a)(ii) Statutory authority: Public Authorities Law, section 1020-f(u) and (z) of the State Administrative Procedure Act. Subject: PSEG Long Island's balanced billing program. Revised Job Impact Statement Purpose: To implement improvements to the balanced billing program. A revised job impact statement is not submitted with this notice because Public hearing(s) will be held at: 10:00 a.m., Nov. 28, 2016 at H. Lee the rule is within the definition contained in section 102(2)(a)(ii) of the Dennison Bldg., 100 Veterans Memorial Hwy., Hauppauge, NY; and 2:00 State Administrative Procedure Act. p.m., Nov. 28, 2016 at 333 Earle Ovington Blvd., 4th Fl., Uniondale, NY. Assessment of Public Comment Interpreter Service: Interpreter services will be made available to hearing impaired persons, at no charge, upon written request submitted within rea- An assessment of public comment is not submitted with this notice because sonable time prior to the scheduled public hearing. The written request the rule is within the definition contained in section 102(2)(a)(ii) of the must be addressed to the agency representative designated in the paragraph State Administrative Procedure Act. below. NOTICE OF ADOPTION Accessibility: All public hearings have been scheduled at places reason- ably accessible to persons with a mobility impairment. Modifications to the Authority's Tariff for Electric Service Substance of proposed rule: The Long Island Power Authority Staff proposes to modify the Tariff for Electric Service effective January 1, I.D. No. LPA-20-16-00001-A 2017 to update the existing balanced billing program in order to (1) reduce Filing Date: 2016-09-27 the frequency and magnitude of resets to customers’ monthly balanced Effective Date: 2016-10-01 billing charges; (2) provide residential customers with the option to roll over annual reconciliation amounts; and (3) clarify eligibility for the program. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Text of proposed rule and any required statements and analyses may be cedure Act, NOTICE is hereby given of the following action: obtained from: Justin Bell, Long Island Power Authority, 333 Earle Action taken: The Long Island Power Authority adopted a proposal to Ovington Blvd., Suite 403, Uniondale, NY 11553, (516) 719-9886, email: modify its Tariff for Electric Service to establish a Commercial Solar [email protected] Feed-In Tariff and a Fuel Cell Feed-In Tariff. Data, views or arguments may be submitted to: Same as above. Statutory authority: Public Authorities Law, section 1020-f(z), (u) and Public comment will be received until: Five days after the last scheduled (gg) public hearing. Subject: Modifications to the Authority's Tariff for Electric Service. Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Purpose: To establish a Commercial Solar Feed-In Tariff and a Fuel Cell Area Flexibility Analysis and Job Impact Statement Feed-In Tariff. Statements and analyses are not submitted with this notice because the Substance of final rule: The Long Island Power Authority Staff proposes proposed rule is within the definition contained in section 102(2)(a)(ii) of to modify the Tariff for Electric Service, effective October 1, 2016, to au- the State Administrative Procedure Act.

10 NYS Register/October 12, 2016 Rule Making Activities

PROPOSED RULE MAKING p.m., Nov. 28, 2016 at Long Island Power Authority, 333 Earle Ovington Blvd., 4th Fl., Uniondale, NY. HEARING(S) SCHEDULED Interpreter Service: Interpreter services will be made available to hearing impaired persons, at no charge, upon written request submitted within rea- Authority's Power Supply Charge sonable time prior to the scheduled public hearing. The written request I.D. No. LPA-41-16-00008-P must be addressed to the agency representative designated in the paragraph below. Accessibility: All public hearings have been scheduled at places reason- PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- ably accessible to persons with a mobility impairment. cedure Act, NOTICE is hereby given of the following proposed rule: Substance of proposed rule: The Long Island Power Authority Staff Proposed Action: The Long Island Power Authority is proposing to proposes to modify the PSEG-Long Island Smart Grid Small Generator modify its Tariff for Electric Service effective January 1, 2017, to move Interconnection Procedures (“Smart Grid SGIP”), which is an addendum certain capacity related power supply costs from base rates to the to the Tariff for Electric Service in order to reflect the March 2016 updates Authority's Power Supply Charge. made to New York State Standardized Interconnection Requirements and Statutory authority: Public Authorities Law, section 1020-f(u) and (z) Application Process for New Distributed Generators 5 MW or Less Con- Subject: Authority's Power Supply Charge. nected in Parallel with Utility Distribution Systems (“SIR”) and to provide for implementation of the Online Application Portal required by the SIR. Purpose: To move certain capacity related power supply costs from base rates to the Authority's Power Supply Charge. Text of proposed rule and any required statements and analyses may be obtained from: Justin Bell, Long Island Power Authority, 333 Earle Public hearing(s) will be held at: 10:00 a.m., Nov. 28, 2016 at H. Lee Ovington Blvd., Suite 403, Uniondale, NY 11553, (516) 719-9886, email: Dennison Bldg., 100 Veterans Memorial Hwy., Hauppauge, NY; and 2:00 [email protected] p.m., Nov. 28, 2016 at Long Island Power Authority, 333 Earle Ovington Data, views or arguments may be submitted to: Same as above. Blvd., 4th Fl., Uniondale, NY. Public comment will be received until: Five days after the last scheduled Interpreter Service: Interpreter services will be made available to hearing public hearing. impaired persons, at no charge, upon written request submitted within rea- Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural sonable time prior to the scheduled public hearing. The written request Area Flexibility Analysis and Job Impact Statement must be addressed to the agency representative designated in the paragraph Statements and analyses are not submitted with this notice because the below. proposed rule is within the definition contained in section 102(2)(a)(ii) of Accessibility: All public hearings have been scheduled at places reason- the State Administrative Procedure Act. ably accessible to persons with a mobility impairment. Substance of proposed rule: The Long Island Power Authority (“the PROPOSED RULE MAKING Authority”) Staff proposes to modify the Tariff for Electric Service effec- HEARING(S) SCHEDULED tive January 1, 2017 to revise the Authority’s Power Supply Charge (or Fuel and Purchased Power Cost Adjustment, or FPPCA) so as to move the Authority's Revenue Decoupling Mechanism charges related to the Power Supply Agreement (“PSA”) with National Grid power plants that serve Long Island, LIPA’s 18% ownership in the I.D. No. LPA-41-16-00010-P Nine Mile Point Unit 2 nuclear power plant, and payments in lieu of taxes on merchant power plants that serve Long Island from base rates into the PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Power Supply Charge. This change is revenue neutral as these costs are al- cedure Act, NOTICE is hereby given of the following proposed rule: ready charged in base rates at actual cost to customers. Staff also proposes Proposed Action: The Long Island Power Authority Staff proposes to to modify the Power Supply Charge to make clear that costs incurred under modify the Tariff for Electric Service effective January 1, 2017 to make the Clean Energy Standard are recoverable in the Power Supply Charge. revisions to the Revenue Decoupling Mechanism (‘‘RDM’’) to change the Text of proposed rule and any required statements and analyses may be RDM from a semi-annual to an annual rate resetting process. obtained from: Justin Bell, Long Island Power Authority, 333 Earle Statutory authority: Public Authorities Law, section 1020-f(u) and (z) Ovington Blvd., Suite 403, Uniondale, NY 11553, (516) 719-9886, email: [email protected] Subject: Authority's Revenue Decoupling Mechanism. Data, views or arguments may be submitted to: Same as above. Purpose: To change the RDM from a semi-annual to an annual rate resetting process. Public comment will be received until: Five days after the last scheduled public hearing. Public hearing(s) will be held at: 10:00 a.m., Nov. 28, 2016 at H. Lee Dennison Bldg., 100 Veterans Memorial Hwy., Hauppauge, NY; and 2:00 Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural p.m., Nov. 28, 2016 at Long Island Power Authority, 333 Earle Ovington Area Flexibility Analysis and Job Impact Statement Blvd., 4th Fl., Uniondale, NY. Statements and analyses are not submitted with this notice because the proposed rule is within the definition contained in section 102(2)(a)(ii) of Interpreter Service: Interpreter services will be made available to hearing impaired persons, at no charge, upon written request submitted within rea- the State Administrative Procedure Act. sonable time prior to the scheduled public hearing. The written request PROPOSED RULE MAKING must be addressed to the agency representative designated in the paragraph below. HEARING(S) SCHEDULED Accessibility: All public hearings have been scheduled at places reason- ably accessible to persons with a mobility impairment. Authority's Smart Grid Small Generator Interconnection Substance of proposed rule: The Long Island Power Authority (“the Procedures Authority”) Staff proposes to modify the Tariff for Electric Service effec- I.D. No. LPA-41-16-00009-P tive January 1, 2017 to make revisions to the Revenue Decoupling Mech- anism (“RDM”) to change the RDM from a semi-annual to an annual rate resetting process and to align the annual rate resets with the Authority’s PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- other annual rate changes on January 1. cedure Act, NOTICE is hereby given of the following proposed rule: Text of proposed rule and any required statements and analyses may be Proposed Action: The Long Island Power Authority proposes to update obtained from: Justin Bell, Long Island Power Authority, 333 Earle the Authority's Smart Grid Small Generator Interconnection Procedures, Ovington Blvd., Suite 403, Uniondale, NY 11553, (516) 719-9886, email: which is an addendum to the Authority's Tariff, to reflect updates to the [email protected] NY Standardized Interconnection Procedures. Data, views or arguments may be submitted to: Same as above. Statutory authority: Public Authorities Law, section 1020-f(u) and (z) Public comment will be received until: Five days after the last scheduled Subject: Authority's Smart Grid Small Generator Interconnection public hearing. Procedures. Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Purpose: To update the Authority's Smart Grid Small Generator Intercon- Area Flexibility Analysis and Job Impact Statement nection Procedures. Statements and analyses are not submitted with this notice because the Public hearing(s) will be held at: 10:00 a.m., Nov. 28, 2016 at H. Lee proposed rule is within the definition contained in section 102(2)(a)(ii) of Dennison Bldg., 100 Veterans Memorial Hwy., Hauppauge, NY; and 2:00 the State Administrative Procedure Act.

11 Rule Making Activities NYS Register/October 12, 2016

PROPOSED RULE MAKING Text or summary was published in the July 13, 2016 issue of the Register, I.D. No. PKR-28-16-00004-P. HEARING(S) SCHEDULED Final rule as compared with last published rule: No changes. Authority's Visual Benefits Assessment Text of rule and any required statements and analyses may be obtained from: Shari Calnero, Associate Counsel, Office of Parks, Recreation and I.D. No. LPA-41-16-00011-P Historic Preservation, 625 Broadway, Albany, NY 12238, (518) 486-2921, email: [email protected] PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Initial Review of Rule cedure Act, NOTICE is hereby given of the following proposed rule: As a rule that does not require a RFA, RAFA or JIS, this rule will be Proposed Action: The Long Island Power Authority is proposing to initially reviewed in the calendar year 2021, which is no later than the 5th modify its Tariff for Electric Service effective January 1, 2017, to imple- year after the year in which this rule is being adopted. ment changes to its Visual Benefits Assessment to effectuate a settlement Assessment of Public Comment between the Authority and the Town of Southampton. The agency received no public comment. Statutory authority: Public Authorities Law, section 1020-f(u) and (z) Subject: Authority's Visual Benefits Assessment. Purpose: To effectuate a settlement between the Authority and the Town Power Authority of the State of of Southampton regarding collection of arrears. Public hearing(s) will be held at: 10:00 a.m., Nov. 28, 2016 at H. Lee New York Dennison Bldg., 100 Veterans Memorial Hwy., Hauppauge, NY; and 2:00 p.m., Nov. 28, 2016 at Long Island Power Authority, 333 Earle Ovington Blvd., 4th Fl., Uniondale, NY. PROPOSED RULE MAKING Interpreter Service: Interpreter services will be made available to hearing HEARING(S) SCHEDULED impaired persons, at no charge, upon written request submitted within reasonable time prior to the scheduled public hearing. The written request Rates for the Sale of Power and Energy must be addressed to the agency representative designated in the paragraph below. I.D. No. PAS-41-16-00013-P Accessibility: All public hearings have been scheduled at places reason- ably accessible to persons with a mobility impairment. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Substance of proposed rule: The Long Island Power Authority (“the cedure Act, NOTICE is hereby given of the following proposed rule: Authority”) Staff proposes to modify the Tariff for Electric Service effec- Proposed Action: Increase in the Fixed Costs Component of the Produc- tive January 1, 2017 to effectuate a settlement agreement between the tion Rates. Authority and the Town of Southampton regarding collection of arrears Statutory authority: Public Authorities Law, section 1005, 3rd undesig- owed to the Authority pursuant to the Authority’s Visual Benefits nated paragraph and 1005(6) Assessment. Subject: Rates for the Sale of Power and Energy. Text of proposed rule and any required statements and analyses may be Purpose: To recover the Authority's Fixed Costs. obtained from: Justin Bell, Long Island Power Authority, 333 Earle Public hearing(s) will be held at: 11:00 a.m., Nov. 17, 2016 at Power Ovington Blvd., Suite 403, Uniondale, NY 11553, (516) 719-9886, email: Authority of the State of New York, 123 Main St., White Plains, NY. [email protected] Interpreter Service: Interpreter services will be made available to hearing Data, views or arguments may be submitted to: Same as above. impaired persons, at no charge, upon written request submitted within rea- Public comment will be received until: Five days after the last scheduled sonable time prior to the scheduled public hearing. The written request public hearing. must be addressed to the agency representative designated in the paragraph Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural below. Area Flexibility Analysis and Job Impact Statement Accessibility: All public hearings have been scheduled at places reason- Statements and analyses are not submitted with this notice because the ably accessible to persons with a mobility impairment. proposed rule is within the definition contained in section 102(2)(a)(ii) of Substance of proposed rule: The Power Authority of the State of New the State Administrative Procedure Act. York (the “Authority”) proposes to increase the Fixed Costs component of the production rates for its New York City Governmental Customers. Under the proposal, the Authority will increase the Fixed Costs component of the production rates by $16.6 million or 12.7% for the 2017 rate year Office of Parks, Recreation and when compared with the 2016 fixed costs. This increase is based on the Authority’s Preliminary 2017 Cost-of-Service. The new production rates Historic Preservation will become effective with the January 2017 billing period. Text of proposed rule and any required statements and analyses may be obtained from: Karen Delince, Corporate Secretary, Power Authority of NOTICE OF ADOPTION the State of New York, 123 Main Street, 11-P, White Plains, New York 10601, (914) 390-8085, email: [email protected] Criteria Enabling Municipal Law Enforcement Agencies to Data, views or arguments may be submitted to: Same as above. Receive State Aid for Snowmobile Enforcement Duties Public comment will be received until: 45 days after publication of this notice. I.D. No. PKR-28-16-00004-A Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Filing No. 894 Area Flexibility Analysis and Job Impact Statement Filing Date: 2016-09-22 Statements and analyses are not submitted with this notice because the Effective Date: 2016-10-12 proposed rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- PROPOSED RULE MAKING cedure Act, NOTICE is hereby given of the following action: HEARING(S) SCHEDULED Action taken: Amendment of section 457.33(b) of Title 9 NYCRR. Statutory authority: Parks, Recreation and Historic Preservation Law, Rates for the Sale of Power and Energy sections 3.09(8) and 25.01 Subject: Criteria enabling municipal law enforcement agencies to receive I.D. No. PAS-41-16-00014-P state aid for snowmobile enforcement duties. Purpose: To promote local snowmobile enforcement by easing restric- PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- tions on state aid eligibility. cedure Act, NOTICE is hereby given of the following proposed rule:

12 NYS Register/October 12, 2016 Rule Making Activities

Proposed Action: Increase in Production Rates. (15-E-0463SA1) Statutory authority: Public Authorities Law, section 1005, 3rd undesig- nated paragraph and 1005(6) NOTICE OF ADOPTION Subject: Rates for the Sale of Power and Energy. Purpose: To align rates and costs. Submetering of Electricity Public hearing(s) will be held at: 11:00 a.m., Nov. 17, 2016 at Power I.D. No. PSC-39-15-00012-A Authority of the State of New York, 123 Main St., White Plains, NY. Filing Date: 2016-09-22 Interpreter Service: Interpreter services will be made available to hearing impaired persons, at no charge, upon written request submitted within rea- Effective Date: 2016-09-22 sonable time prior to the scheduled public hearing. The written request must be addressed to the agency representative designated in the paragraph PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- below. cedure Act, NOTICE is hereby given of the following action: Accessibility: All public hearings have been scheduled at places reason- Action taken: On 9/15/16, the PSC adopted an order approving 47 East ably accessible to persons with a mobility impairment. 34th Street (NY), L.P.'s (47 East 34th Street) petition to submeter electric- Substance of proposed rule: The Power Authority of the State of New ity at 49 East 34th Street, New York, New York. York (the “Authority”) proposes to increase the production rates for its Westchester County Governmental Customers. The Authority provides Statutory authority: Public Service Law, sections 2, 4(1), 30, 32-48, 52, electricity to 103 customers in Westchester County, including the County 53, 65(1), 66(1), (2), (3), (4), (12) and (14) of Westchester, school districts, housing authorities, cities, towns and Subject: Submetering of electricity. villages. Under the proposal, the overall 2017 production rates will Purpose: To approve 47 East 34th Street's petition to submeter electricity increase by 8.81% when compared with the 2016 rates. The increase, at 49 East 34th Street, New York, New York. which is based on a pro forma Cost-of-Service for 2017, is largely due to expected increases in energy and capacity prices for electricity purchased Substance of final rule: The Commission, on September 15, 2016, from the New York Independent System Operator market to serve these adopted an order approving 47 East 34th Street (NY), L.P.’s petition to customers. The new production rates will become effective with the Janu- submeter electricity at 49 East 34th Street, New York, New York, subject ary 2017 billing period. to the terms and conditions set forth in the order. Text of proposed rule and any required statements and analyses may be Final rule as compared with last published rule: No changes. obtained from: Karen Delince, Corporate Secretary, Power Authority of Text of rule may be obtained from: John Pitucci, Public Service Commis- the State of New York, 123 Main Street, 11-P, White Plains, New York sion, Three Empire State Plaza, Albany, New York, 12223, (518) 486- 10601, (914) 390-8085, email: [email protected] 2655, email: [email protected] An IRS employer ID no. or social Data, views or arguments may be submitted to: Same as above. security no. is required from firms or persons to be billed 25 cents per Public comment will be received until: 45 days after publication of this page. Please use tracking number found on last line of notice in requests. notice. Assessment of Public Comment Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural An assessment of public comment is not submitted with this notice because Area Flexibility Analysis and Job Impact Statement the rule is within the definition contained in section 102(2)(a)(ii) of the Statements and analyses are not submitted with this notice because the State Administrative Procedure Act. proposed rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act. (15-E-0319SA1) NOTICE OF ADOPTION Public Service Commission Petition for Amendments to Con Edison's SC No. 4—Backup/ Supplementary Steam Service I.D. No. PSC-42-15-00010-A NOTICE OF ADOPTION Filing Date: 2016-09-21 Submetering of Electricity Effective Date: 2016-09-21 I.D. No. PSC-35-15-00010-A PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Filing Date: 2016-09-22 cedure Act, NOTICE is hereby given of the following action: Effective Date: 2016-09-22 Action taken: On 9/15/16, the PSC adopted an order approving, in part, The Real Estate Board of New York (REBNY) and the City of New York's PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- (NYC) petition for amendments to Con Edison's Service Classification cedure Act, NOTICE is hereby given of the following action: (SC) No. 4—Backup/Supplementary Steam Service. Action taken: On 9/15/16, the PSC adopted an order approving 605 West Statutory authority: Public Service Law, section 66 42nd Owner LLC's (605 West 42nd Owner) notice of intent to submeter Subject: Petition for amendments to Con Edison's SC No. 4—Backup/ electricity at 605 West 42nd Street, New York, New York. Supplementary Steam Service. Statutory authority: Public Service Law, sections 2, 4(1), 30, 32-48, 52, Purpose: To approve a petition for amendments to Con Edison's SC No. 53, 65(1), 66(1), (2), (3), (4), (12) and (14) 4—Backup/Supplementary Steam Service. Subject: Submetering of electricity. Substance of final rule: The Commission, on September 15, 2016, Purpose: To approve 605 West 42nd Owner's notice of intent to submeter adopted an order approving, in part, The Real Estate Board of New York electricity at 605 West 42nd Street, New York, New York. and the City of New York's petition for amendments to Consolidated Substance of final rule: The Commission, on September 15, 2016, Edison Company of New York, Inc.’s Service Classification (SC) No. 4 – adopted an order approving 605 West 42nd Owner LLC’s notice of intent Backup/Supplementary Service, contained in P.S.C. No. 4 – Steam, to submeter electricity at 605 West 42nd Street, New York, New York, subject to the terms and conditions set forth in the order. subject to the terms and conditions set forth in the order. Final rule as compared with last published rule: No changes. Final rule as compared with last published rule: No changes. Text of rule may be obtained from: John Pitucci, Public Service Commis- Text of rule may be obtained from: John Pitucci, Public Service Commis- sion, Three Empire State Plaza, Albany, New York, 12223, (518) 486- sion, Three Empire State Plaza, Albany, New York, 12223, (518) 486- 2655, email: [email protected] An IRS employer ID no. or social 2655, email: [email protected] An IRS employer ID no. or social security no. is required from firms or persons to be billed 25 cents per security no. is required from firms or persons to be billed 25 cents per page. Please use tracking number found on last line of notice in requests. page. Please use tracking number found on last line of notice in requests. Assessment of Public Comment Assessment of Public Comment An assessment of public comment is not submitted with this notice because 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 the rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act. State Administrative Procedure Act. (15-S-0523SA1)

13 Rule Making Activities NYS Register/October 12, 2016

NOTICE OF ADOPTION NOTICE OF ADOPTION

Submetering of Electricity Amendments to the Retail Access Program Under SC No. 8, Contained in P.S.C. No. 1 — Gas I.D. No. PSC-06-16-00008-A Filing Date: 2016-09-22 I.D. No. PSC-07-16-00017-A Effective Date: 2016-09-22 Filing Date: 2016-09-21 Effective Date: 2016-09-21 PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedure Act, NOTICE is hereby given of the following action: cedure Act, NOTICE is hereby given of the following action: Action taken: On 9/15/16, the PSC adopted an order approving 31 Lincoln Action taken: On 9/15/16, the PSC adopted an order approving KeySpan Road Development LLC's (31 Lincoln Road) notice of intent to submeter Gas East Corporation d/b/a National Grid Long Island's (KEDLI) amend- electricity at 31-33 Lincoln Road, Brooklyn, New York. ments to the retail access program under Service Classification (SC) No. Statutory authority: Public Service Law, sections 2, 4(1), 30, 32-48, 52, 8, contained in P.S.C. No. 1 — Gas. 53, 65(1), 66(1), (2), (3), (4), (12) and (14) Statutory authority: Public Service Law, sections 65 and 66 Subject: Submetering of electricity. Subject: Amendments to the retail access program under SC No. 8, contained in P.S.C. No. 1 — Gas. Purpose: To approve 31 Lincoln Road's notice of intent to submeter electricity at 31-33 Lincoln Road, Brooklyn, New York. Purpose: To approve KEDLI's amendments to the retail access program under SC No. 8. contained in P.S.C. No. 1 — Gas. Substance of final rule: The Commission, on September 15, 2016, Substance of final rule: The Commission, on September 15, 2016, adopted an order approving 31 Lincoln Road Development LLC’s notice adopted an order approving KeySpan Gas East Corporation d/b/a National of intent to submeter electricity at 31-33 Lincoln Road, Brooklyn, New Grid Long Island’s amendments to the retail access program under Ser- York, subject to the terms and conditions set forth in the order. vice Classification No. 8 – Sales Service, contained in P.S.C. No. 1 – Gas, Final rule as compared with last published rule: No changes. subject to the terms and conditions set forth in the order. Text of rule may be obtained from: John Pitucci, Public Service Commis- Final rule as compared with last published rule: No changes. sion, Three Empire State Plaza, Albany, New York, 12223, (518) 486- Text of rule may be obtained from: John Pitucci, Public Service Commis- 2655, email: [email protected] An IRS employer ID no. or social sion, Three Empire State Plaza, Albany, New York, 12223, (518) 486- security no. is required from firms or persons to be billed 25 cents per 2655, email: [email protected] An IRS employer ID no. or social page. Please use tracking number found on last line of notice in requests. security no. is required from firms or persons to be billed 25 cents per page. Please use tracking number found on last line of notice in requests. Assessment of Public Comment Assessment of Public Comment An assessment of public comment is not submitted with this notice because 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 the rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act. State Administrative Procedure Act. (16-E-0011SA1) (14-G-0330SA3) NOTICE OF ADOPTION NOTICE OF ADOPTION

Submetering of Electricity Amendments to the Retail Access Program Under SC No. 19, I.D. No. PSC-06-16-00015-A Contained in P.S.C. No. 12—Gas Filing Date: 2016-09-22 I.D. No. PSC-07-16-00020-A Effective Date: 2016-09-22 Filing Date: 2016-09-21 Effective Date: 2016-09-21 PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedure Act, NOTICE is hereby given of the following action: PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedure Act, NOTICE is hereby given of the following action: Action taken: On 9/15/16, the PSC adopted an order approving 31 Lincoln Road Development LLC's (31 Lincoln Road) notice of intent to submeter Action taken: On 9/15/16, the PSC adopted an order approving The electricity at 510 Flatbush Avenue, Brooklyn, New York. Brooklyn Union Gas Company d/b/a National Grid New York's (KEDNY) amendments to the retail access program under Service Classification Statutory authority: Public Service Law, sections 2, 4(1), 30, 32-48, 52, (SC) No. 19, contained in P.S.C. No. 12—Gas. 53, 65(1), 66(1), (2), (3), (4), (12) and (14) Statutory authority: Public Service Law, sections 65 and 66 Subject: Submetering of electricity. Subject: Amendments to the retail access program under SC No. 19, Purpose: To approve 31 Lincoln Road's notice of intent to submeter contained in P.S.C. No. 12—Gas. electricity at 510 Flatbush Avenue, Brooklyn, New York. Purpose: To approve KEDNY's amendments to the retail access program under SC No. 19, contained in P.S.C. No. 12—Gas. Substance of final rule: The Commission, on September 15, 2016, adopted an order approving 31 Lincoln Road Development LLC’s notice Substance of final rule: The Commission, on September 15, 2016, adopted an order approving The Brooklyn Union Gas Company d/b/a of intent to submeter electricity at 510 Flatbush Avenue, Brooklyn, New National Grid New York's amendments to the retail access program under York, subject to the terms and conditions set forth in the order. Service Classification (SC) No. 19 – Seller Transportation Aggregation Final rule as compared with last published rule: No changes. Service, contained in P.S.C. No. 12 – Gas, subject to the terms and conditions set forth in the order. Text of rule may be obtained from: John Pitucci, Public Service Commis- sion, Three Empire State Plaza, Albany, New York, 12223, (518) 486- Final rule as compared with last published rule: No changes. 2655, email: [email protected] An IRS employer ID no. or social Text of rule may be obtained from: John Pitucci, Public Service Commis- security no. is required from firms or persons to be billed 25 cents per sion, Three Empire State Plaza, Albany, New York, 12223, (518) 486- page. Please use tracking number found on last line of notice in requests. 2655, email: [email protected] An IRS employer ID no. or social security no. is required from firms or persons to be billed 25 cents per Assessment of Public Comment page. Please use tracking number found on last line of notice in requests. An assessment of public comment is not submitted with this notice because Assessment of Public Comment the rule is within the definition contained in section 102(2)(a)(ii) of the An assessment of public comment is not submitted with this notice because State Administrative Procedure Act. the rule is within the definition contained in section 102(2)(a)(ii) of the (16-E-0010SA1) State Administrative Procedure Act.

14 NYS Register/October 12, 2016 Rule Making Activities

(14-G-0331SA3) NOTICE OF ADOPTION

NOTICE OF ADOPTION Submetering of Electricity Submetering of Electricity I.D. No. PSC-15-16-00015-A I.D. No. PSC-13-16-00007-A Filing Date: 2016-09-22 Filing Date: 2016-09-22 Effective Date: 2016-09-22 Effective Date: 2016-09-22 PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedure Act, NOTICE is hereby given of the following action: PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedure Act, NOTICE is hereby given of the following action: Action taken: On 9/15/16, the PSC adopted an order approving IGI-GGP Renwick LLC's (IGI-GGP) petition to submeter electricity at 15 Renwick Action taken: On 9/15/16, the PSC adopted an order approving Skyview Street, New York, New York. Parc II LP's (Skyview) notice of intent to submeter electricity at 131-05, 131-03 and 131-01 40th Road, Flushing, New York. Statutory authority: Public Service Law, sections 2, 4(1), 30, 32-48, 52, Statutory authority: Public Service Law, sections 2, 4(1), 30, 32-48, 52, 53, 65(1), 66(1), (2), (3), (4), (12) and (14) 53, 65(1), 66(1), (2), (3), (4), (12) and (14) Subject: Submetering of electricity. Subject: Submetering of electricity. Purpose: To approve IGI-GGP's petition to submeter electricity at 15 Purpose: To approve Skyview's notice of intent to submeter electricity at Renwick Street, New York, New York. 131-05, 131-03 and 131-01 40th Road, Flushing, New York. Substance of final rule: The Commission, on September 15, 2016, Substance of final rule: The Commission, on September 15, 2016, adopted an order approving IGI-GGP Renwick LLC’s petition to submeter adopted an order approving Skyview Parc II LP’s notice of intent to electricity at 15 Renwick Street, New York, New York, subject to the submeter electricity at 131-05, 131-03 and 131-01 40th Road, Flushing, terms and conditions set forth in the order. New York, subject to the terms and conditions set forth in the order. Final rule as compared with last published rule: No changes. Final rule as compared with last published rule: No changes. Text of rule may be obtained from: John Pitucci, Public Service Commis- Text of rule may be obtained from: John Pitucci, Public Service Commis- sion, Three Empire State Plaza, Albany, New York, 12223, (518) 486- sion, Three Empire State Plaza, Albany, New York, 12223, (518) 486- 2655, email: [email protected] An IRS employer ID no. or social 2655, email: [email protected] An IRS employer ID no. or social security no. is required from firms or persons to be billed 25 cents per security no. is required from firms or persons to be billed 25 cents per page. Please use tracking number found on last line of notice in requests. page. Please use tracking number found on last line of notice in requests. Assessment of Public Comment Assessment of Public Comment An assessment of public comment is not submitted with this notice because 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 the rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act. State Administrative Procedure Act. (16-E-0136SA1) (16-E-0131SA1) NOTICE OF ADOPTION NOTICE OF ADOPTION Submetering of Electricity Tariff Amendments I.D. No. PSC-21-16-00006-A I.D. No. PSC-14-16-00006-A Filing Date: 2016-09-22 Filing Date: 2016-09-21 Effective Date: 2016-09-22 Effective Date: 2016-09-21 PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedure Act, NOTICE is hereby given of the following action: cedure Act, NOTICE is hereby given of the following action: Action taken: On 9/15/16, the PSC adopted an order approving Consoli- Action taken: On 9/15/16, the PSC adopted an order approving HV Hous- dated Edison Company of New York, Inc.'s (Con Edison) tariff amending, LLC's (HV Housing) petition to submeter electricity at 45 Vander- ments to Service Classification (SC) No. 4, contained in P.S.C. No. burgh Avenue, Troy, New York. 4—Steam. Statutory authority: Public Service Law, sections 2, 4(1), 30, 32-48, 52, Statutory authority: Public Service Law, section 66 53, 65(1), 66(1), (2), (3), (4), (12) and (14) Subject: Tariff amendments. Subject: Submetering of electricity. Purpose: To approve Con Edison's tariff amendments to SC No. 4, Purpose: To approve HV Housing's petition to submeter electricity at 45 contained in P.S.C. No. 4—Steam. Vanderburgh Avenue, Troy, New York. Substance of final rule: The Commission, on September 15, 2016, adopted an order approving Consolidated Edison Company of New York, Substance of final rule: The Commission, on September 15, 2016, Inc.'s tariff amendments to Service Classification (SC) No. 4–Backup/ adopted an order approving HV Housing, LLC’s petition to submeter Supplementary Service, contained in P.S.C. No. 4–Steam, provided that electricity at 45 Vanderburgh Avenue, Troy, New York, subject to the further revisions are filed, as described in the order, subject to the terms terms and conditions set forth in the order. and conditions set forth in the order. Final rule as compared with last published rule: No changes. Final rule as compared with last published rule: No changes. Text of rule may be obtained from: John Pitucci, Public Service Commis- Text of rule may be obtained from: John Pitucci, Public Service Commis- sion, Three Empire State Plaza, Albany, New York, 12223, (518) 486- sion, Three Empire State Plaza, Albany, New York, 12223, (518) 486- 2655, email: [email protected] An IRS employer ID no. or social 2655, email: [email protected] An IRS employer ID no. or social security no. is required from firms or persons to be billed 25 cents per security no. is required from firms or persons to be billed 25 cents per page. Please use tracking number found on last line of notice in requests. page. Please use tracking number found on last line of notice in requests. Assessment of Public Comment Assessment of Public Comment An assessment of public comment is not submitted with this notice because 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 the rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act. State Administrative Procedure Act. (16-S-0134SA1) (16-E-0184SA1)

15 Rule Making Activities NYS Register/October 12, 2016

NOTICE OF ADOPTION NOTICE OF ADOPTION

Submetering of Electricity Petition for a Waiver of a 150-Day Provision I.D. No. PSC-22-16-00012-A I.D. No. PSC-27-16-00007-A Filing Date: 2016-09-22 Filing Date: 2016-09-21 Effective Date: 2016-09-22 Effective Date: 2016-09-21 PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedure Act, NOTICE is hereby given of the following action: cedure Act, NOTICE is hereby given of the following action: Action taken: On 9/15/16, the PSC adopted an order approving Corning Action taken: On 9/15/16, the PSC adopted an order approving 20 West Natural Gas Corporation's (Corning) petition for a waiver of a 150-day 53rd Street, LLC's (20 West 53rd Street) notice of intent to submeter provision of the Commission's Statement of Policy on Test periods in Ma- electricity at 20 West 53rd Street, New York, New York. jor Rate Proceedings. Statutory authority: Public Service Law, sections 2, 4(1), 30, 32-48, 52, Statutory authority: Public Service Law, sections 66, 89-c and 92 53, 65(1), 66(1), (2), (3), (4), (12) and (14) Subject: Petition for a waiver of a 150-day provision. Subject: Submetering of electricity. Purpose: To approve Corning's petition for a waiver of a 150-day provision. Purpose: To approve 20 West 53rd Street, LLC's notice of intent to Substance of final rule: The Commission, on September 15, 2016, submeter electricity at 20 West 53rd Street, New York, New York. adopted an order approving Corning Natural Gas Corporation's petition Substance of final rule: The Commission, on September 15, 2016, for a waiver of a 150-day provision of the Commission's Statement of adopted an order approving 20 West 53rd Street, LLC’s notice of intent to Policy on Test periods in Major Rate Proceedings, subject to the terms and submeter electricity at 20 West 53rd Street, New York, New York, subject conditions set forth in the order. to the terms and conditions set forth in the order. Final rule as compared with last published rule: No changes. Final rule as compared with last published rule: No changes. Text of rule may be obtained from: John Pitucci, Public Service Commis- sion, Three Empire State Plaza, Albany, New York, 12223, (518) 486- Text of rule may be obtained from: John Pitucci, Public Service Commis- 2655, email: [email protected] An IRS employer ID no. or social sion, Three Empire State Plaza, Albany, New York, 12223, (518) 486- security no. is required from firms or persons to be billed 25 cents per 2655, email: [email protected] An IRS employer ID no. or social page. Please use tracking number found on last line of notice in requests. security no. is required from firms or persons to be billed 25 cents per Assessment of Public Comment page. Please use tracking number found on last line of notice in requests. An assessment of public comment is not submitted with this notice because Assessment of Public Comment the rule is within the definition contained in section 102(2)(a)(ii) of the An assessment of public comment is not submitted with this notice because State Administrative Procedure Act. the rule is within the definition contained in section 102(2)(a)(ii) of the (16-G-0325SA1) State Administrative Procedure Act. NOTICE OF ADOPTION (15-E-0441SA1) NOTICE OF ADOPTION Emergency Rule I.D. No. PSC-29-16-00019-A Waiver of 16 NYCRR Sections 96.5(k)(3) and 96.6(b) Filing Date: 2016-09-21 I.D. No. PSC-22-16-00014-A Effective Date: 2016-09-21 Filing Date: 2016-09-22 PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Effective Date: 2016-09-22 cedure Act, NOTICE is hereby given of the following action: Action taken: On 9/15/16, the PSC adopted an order approving the emer- PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- gency order issued on June 30, 2016 on a permanent basis. cedure Act, NOTICE is hereby given of the following action: Statutory authority: Public Service Law, sections 89-b, 89-c and 112-a Action taken: On 9/15/16, the PSC adopted an order approving 605 West Subject: Emergency rule. 42nd Owner LLC's (605 West 42nd Owner) request to waive require- Purpose: To approve the emergency rule on a permanent basis. ments of 16 NYCRR sections 96.5(k)(3) and 96.6(b). Substance of final rule: The Commission, on September 15, 2016, adopted an order approving the emergency Order Appointing Temporary Statutory authority: Public Service Law, sections 2, 4(1), 30, 32-48, 52, Operator, issued on June 30, 2016, on a permanent basis, subject to the 53, 65(1), 66(1), (2), (3), (4), (12) and (14) terms and conditions set forth in the order. Subject: Waiver of 16 NYCRR sections 96.5(k)(3) and 96.6(b). Final rule as compared with last published rule: No changes. Purpose: To approve 605 West 42nd Owner's request to waive require- Text of rule may be obtained from: John Pitucci, Public Service Commis- ments of 16 NYCRR sections 96.5(k)(3) and 96.6(b). sion, Three Empire State Plaza, Albany, New York, 12223, (518) 486- 2655, email: [email protected] An IRS employer ID no. or social Substance of final rule: The Commission, on September 15, 2016, security no. is required from firms or persons to be billed 25 cents per adopted an order approving 605 West 42nd Owner LLC’s request to waive page. Please use tracking number found on last line of notice in requests. requirements regarding an energy audit and energy efficiency plan, 16 Assessment of Public Comment NYCRR § 96.5(k)(3); and the capability of termination of electric service An assessment of public comment is not submitted with this notice because to an individual unit, 16 NYCRR § 96.6(b), subject to the terms and condi- the rule is within the definition contained in section 102(2)(a)(ii) of the tions set forth in the order. State Administrative Procedure Act. Final rule as compared with last published rule: No changes. (16-W-0390SA1) Text of rule may be obtained from: John Pitucci, Public Service Commis- sion, Three Empire State Plaza, Albany, New York, 12223, (518) 486- NOTICE OF ADOPTION 2655, email: [email protected] An IRS employer ID no. or social security no. is required from firms or persons to be billed 25 cents per Emergency Rule page. Please use tracking number found on last line of notice in requests. I.D. No. PSC-30-16-00002-A Assessment of Public Comment Filing Date: 2016-09-21 An assessment of public comment is not submitted with this notice because Effective Date: 2016-09-21 the rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- (15-E-0463SA2) cedure Act, NOTICE is hereby given of the following action:

16 NYS Register/October 12, 2016 Rule Making Activities

Action taken: On 9/15/16, the PSC adopted an order approving the emer- PROPOSED RULE MAKING gency order issued on July 11, 2016 on a permanent basis. NO HEARING(S) SCHEDULED Statutory authority: Public Service Law, sections 65 and 66 Subject: Emergency rule. Proposed Revision to Rule 25.5—Meter Reading (Rule 25.5) Purpose: To approve the emergency rule on a permanent basis. I.D. No. PSC-41-16-00016-P Substance of final rule: The Commission, on September 15, 2016, adopted an order approving the emergency Order to Reinstate Billing, issued on July 11, 2016, on a permanent basis, subject to the terms and PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- conditions set forth in the order. cedure Act, NOTICE is hereby given of the following proposed rule: Final rule as compared with last published rule: No changes. Proposed Action: The Commission is considering a proposal filed by Ni- agara Mohawk Power Corporation d/b/a National Grid to modify P.S.C. Text of rule may be obtained from: John Pitucci, Public Service Commis- No. 220—Electricity, Rule No. 25.5—Meter Reading regarding the costs sion, Three Empire State Plaza, Albany, New York, 12223, (518) 486- for telephone circuits for distributed generation projects. 2655, email: [email protected] An IRS employer ID no. or social Statutory authority: Public Service Law, section 66(12) security no. is required from firms or persons to be billed 25 cents per Subject: Proposed revision to Rule 25.5—Meter Reading (Rule 25.5). page. Please use tracking number found on last line of notice in requests. Purpose: To consider a revision to Rule 25.5 regarding the costs for Assessment of Public Comment telephone circuits for distributed generation projects. An assessment of public comment is not submitted with this notice because Substance of proposed rule: The Public Service Commission is consider- the rule is within the definition contained in section 102(2)(a)(ii) of the ing a proposal filed by Niagara Mohawk Power Corporation d/b/a National State Administrative Procedure Act. Grid (National Grid or the Company) to modify its electric tariff schedule, (16-G-0181SA1) P.S.C. No. 220, regarding Rule 25.5 – Meter Reading (Rule 25.5). The Company proposes to revise Rule 25.5 regarding the costs for telephone PROPOSED RULE MAKING circuits for distributed generation (DG) projects when they are connected to the Company’s electric distribution system for Supervisory Control and NO HEARING(S) SCHEDULED Data Acquisition (SCADA) or Direct Transfer Trip (DTT) communications. Currently, DG customers pay for the transmission of To Consider Proposed Amendments to the Original Criteria to measured billing data through the customers’ own telecommunications Grandfathering Established in the Transition Plan service provider but due to a change in National Grid’s communication technology, the Company now has to own the circuits and pays the costs I.D. No. PSC-41-16-00015-P directly to the Company’s telecommunication service provider. National Grid proposes passing these costs from the service provider through to the PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- customer, based on a flat fee, as determined by the service provider and cedure Act, NOTICE is hereby given of the following proposed rule: only for the costs incurred by the Company relative to the customer’s DG project. The proposed amendment has an effective date of January 1, 2017. Proposed Action: The Commission is considering a petition filed by Bor- The Commission may adopt, reject, or modify, in whole or in part, the rego Solar Systems, Inc., to modify the April 17, 2015 Order Granting relief proposed and may resolve related matters. Rehearing in Part, Establishing Transition Plan, and Making Other Text of proposed rule and any required statements and analyses may be Findings. obtained by filing a Document Request Form (F-96) located on our Statutory authority: Public Service Law, sections 5(2), 22, 65(1), (2), (3), website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John 66(1), (2), (3), (4), (5), (9), (12), (12-a), 66-c, 66-j and 66-l Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New Subject: To consider proposed amendments to the original criteria to York 12223-1350, (518) 486-2655, email: [email protected] grandfathering established in the Transition Plan. Data, views or arguments may be submitted to: Kathleen H. Burgess, Purpose: To modify the Transition Plan in response to new and unantici- Secretary, Public Service Commission, 3 Empire State Plaza, Albany, pated conditions. New York 12223-1350, (518) 474-6530, email: [email protected] Public comment will be received until: 45 days after publication of this Substance of proposed rule: The Public Service Commission (Commis- notice. sion) is considering a filing made by Borrego Solar Systems, Inc., on behalf of multiple stakeholders, on September 23, 2016, requesting Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural amendments to the Commission’s Transition Plan established in the Order Area Flexibility Analysis and Job Impact Statement Granting Rehearing in Part, Establishing Transition Plan, and Making Statements and analyses are not submitted with this notice because the Other Findings, issued on April 17, 2015 in Cases 14-E-0151 and 14-E- proposed rule is within the definition contained in section 102(2)(a)(ii) of 0422 (Order). The filing requests that the Commission consider amending the State Administrative Procedure Act. the Transition Plan adopted in the Order to include an alternative qualifi- (16-E-0544SP1) cation for grandfathering projects that cannot meet the December 31, 2017 in-service milestone. Borrego requests that the Commission implement a PROPOSED RULE MAKING second, four-part milestone to allow a project to maintain its grandfathered NO HEARING(S) SCHEDULED status beyond December 31, 2017. The Commission may adopt, reject, or modify, in whole or in part, the requested amendments to the Transition Utility Tariffs to Implement the Clean Energy Standard Plan, and may resolve related matters. I.D. No. PSC-41-16-00017-P Text of proposed rule and any required statements and analyses may be obtained by filing a Document Request Form (F-96) located on our website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New cedure Act, NOTICE is hereby given of the following proposed rule: York 12223-1350, (518) 486-2655, email: [email protected] Proposed Action: The Commission is considering a Staff proposal to Data, views or arguments may be submitted to: Kathleen H. Burgess, direct utility tariff amendments to implement the Clean Energy Standard Secretary, Public Service Commission, 3 Empire State Plaza, Albany, described in the Commission August 1, 2016 Order. New York 12223-1350, (518) 474-6530, email: [email protected] Statutory authority: Public Service Law, sections 4(1), 5(1)(2) and 66(2); Public comment will be received until: 45 days after publication of this Energy Law, section 6-104(5)(b) notice. Subject: Utility tariffs to implement the Clean Energy Standard. Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Purpose: To promote and maintain renewable and zero-emission electric Area Flexibility Analysis and Job Impact Statement energy resources. Statements and analyses are not submitted with this notice because the Substance of proposed rule: The Public Service Commission is consider- proposed rule is within the definition contained in section 102(2)(a)(ii) of ing a Department of Public Service proposal to direct amendments to the State Administrative Procedure Act. electric utility tariffs to allow recovery of costs to implement the Clean (14-E-0151SP2) Energy Standard (CES) which the Commission adopted on August 1,

17 Rule Making Activities NYS Register/October 12, 2016

2016. Specifically, the proposed amendments would provide for recovery (16-E-0543SP1) of the cost of Tier 1 compliant Renewable Energy Credits (RECs), Zero Emission Credits, and Alternative Compliance Payments incurred in compliance with the CES, through a volumetric supply charge collected from retail customers. Additional tariff amendments will provide for Department of Transportation recovery, on a volumetric basis, on all sales (including all New York Power Authority sales), from all delivery customers, the cost of Tier 2 RECs and costs incurred by the electric utilities in their role as the CES financial backstop, as delineated in the August 1, 2016 Order. The Com- PROPOSED RULE MAKING mission may adopt, reject, or modify, in whole or in part, the relief NO HEARING(S) SCHEDULED proposed and may resolve related matters. Text of proposed rule and any required statements and analyses may be Provisions Applicable to Administrative Hearings in Office of obtained by filing a Document Request Form (F-96) located on our Proceedings website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, NY I.D. No. TRN-41-16-00001-P 12223, (518) 486-2655, email: [email protected] Data, views or arguments may be submitted to: Katheen H. Burgess, Sec- PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- retary, Public Service Commission, 3 Empire State Plaza, Albany, NY cedure Act, NOTICE is hereby given of the following proposed rule: 12223, (518) 474-6530, email: [email protected] Proposed Action: This is a consensus rule making to repeal Part 558, sec- Public comment will be received until: 45 days after publication of this tions 508.3 and 508.5; add new sections 508.3 and 508.5; amend sections notice. 501.1, 501.2, 502.1(a), 502.5, 502.6, 503.2(b), (d), 503.5, 504.2, 504.3, Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural 505.6(b), (d), 505.8, 505.9(d), 505.13, 505.15, 508.4 and 508.5 of Title 17 Area Flexibility Analysis and Job Impact Statement NYCRR. Statements and analyses are not submitted with this notice because the Statutory authority: Transportation Law, sections 14(18), 84(1), 138, 139 proposed rule is within the definition contained in section 102(2)(a)(ii) of and 145 the State Administrative Procedure Act. Subject: Provisions applicable to administrative hearings in Office of (15-E-0302SP24) Proceedings. Purpose: Update of rules applicable to administrative hearings and repeal PROPOSED RULE MAKING of obsolete provisions in Part 558. Substance of proposed rule (Full text is not posted on a State website): NO HEARING(S) SCHEDULED The proposed rule-making repeals Title 17 Part 558, sections 508.3 and 508.5. Sections 131.3, 508.3 and 508.5 are re-added to amend the provi- Rider T—Commercial Demand Response Programs (Rider T) sions of the repealed sections as indicated; updates amending other indicated sections and subdivisions are as described below. I.D. No. PSC-41-16-00018-P Section 508.3 documentation requirements related to self-insurance applications are streamlined; an obsolete reference to the Interstate Com- PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- merce Commission is corrected to reflect that the current authority resides cedure Act, NOTICE is hereby given of the following proposed rule: in the Federal Motor Carrier Safety Administration. Section 508.5 is amended to strike subdivision (f) and to renumber subdivisions (g), (h) to Proposed Action: The Commission is considering a proposal filed by (f), (g), respectively. Section 501.1 is amended to allow electronic service Consolidated Edison Company of New York, Inc. to modify Rider T— of notice or papers by the commissioner. Section 501.2 is amended to Commercial Demand Response Programs in its electric tariff schedule, remove an obsolete reference to the Interstate Commerce Commission and P.S.C. No. 10—Electricity. to reflect that said authority now resides in the Surface Transportation Statutory authority: Public Service Law, section 66(12) Board. Section 502.1 is streamlined to reduce paperwork requirements for Subject: Rider T—Commercial Demand Response Programs (Rider T). carriers applying for various items issued by the commissioner. Section Purpose: To consider modifications to Rider T regarding its Commercial 502.5 is amended to allow electronic submission of applications for emer- System Relief Program and Distribution Load Relief Program. gency authority and to correct reference to the chief administrative law judge in this context; reference to the chief administrative law judge is Substance of proposed rule: The Public Service Commission is consider- likewise removed from section 503.9, as the Department no longer retains ing a proposal filed by Consolidated Edison Company of New York, Inc. a chief administrative law judge. Section 502.6 is amended to remove an (Con Edison) to modify Rider T—Commercial Demand Response obsolete reference to the Interstate Commerce Commission and to reflect Programs (Commercial System Relief Program (CSRP) and Distribution that said authority now resides in the Federal Motor Carrier Safety Load Relief Program (DLRP)) in its electric tariff schedule, P.S.C. No. 10. Administration. Section 503.2 is amended to allow electronic notice of Con Edison proposes to revise the CSRP day-ahead Planned Event call to hearing date, time and location to parties of record or via first class mail. a day-ahead Advisory followed by a same-day Planned Event call, if Section 503.5 is amended to reduce paperwork required from respondents needed; align the CSRP Contracted Hours for Service Classification No. in regard to submission of exhibits at administrative hearings. Section 11—Buy-back Service customers to coincide with Network need, where 504.2 is amended to reduce paperwork required from respondents for ap- appropriate; remove the CSRP and DLRP limitation on increasing plications for rehearing on administrative decisions. Section 504.3 is contracted kW of Load Relief in a Network by an Aggregator or Direct amended to allow for electronic submission of appeals of final determina- Participant with a Performance Factor of less than 1; add more time for tions in administrative proceedings. Section 505.6 is amended to allow CSRP participants to correct generator permit issues; and made clarifying electronic transmission of requests for clarification of charges and the tariff changes. The proposed amendments have an effective date of Department’s subsequent response, as well as notice of hearing. Section December 22, 2016. The Commission may adopt, reject, or modify, in 505.8 is amended to allow either electronic submission or first class mail- whole or in part, the relief proposed and may resolve related matters. ing of requests for adjournment of hearings. Subdivision 505.9(d) is Text of proposed rule and any required statements and analyses may be amended to allow electronic transmission of decision to respondents to obtained by filing a Document Request Form (F-96) located on our administrative hearings. Section 505.15 is amended to reduce paperwork website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John required from respondents and to allow respondents choice of performing Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New service of appeal of administrative decisions on the Department via either York 12223-1350, (518) 486-2655, email: [email protected] personal service, electronic transmission of first class mail. Section 508.4 Data, views or arguments may be submitted to: Kathleen H. Burgess, is amended to remove an obsolete reference to the Interstate Commerce Secretary, Public Service Commission, 3 Empire State Plaza, Albany, Commission and to reflect that said authority now resides in the Federal New York 12223-1350, (518) 474-6530, email: [email protected] Motor Carrier Safety Administration. Public comment will be received until: 45 days after publication of this Text of proposed rule and any required statements and analyses may be notice. obtained from: Alan Black, Legal Assistant 2, Department of Transporta- Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural tion, NYSDOT Office of Legal Services, 6th floor, 50 Wolf Road Albany, Area Flexibility Analysis and Job Impact Statement NY 12232, (518) 457-2411, email: [email protected] Statements and analyses are not submitted with this notice because the Data, views or arguments may be submitted to: Same as above. proposed rule is within the definition contained in section 102(2)(a)(ii) of Public comment will be received until: 60 days after publication of this the State Administrative Procedure Act. notice.

18 NYS Register/October 12, 2016 Rule Making Activities

Consensus Rule Making Determination NYSDOT has determined that no person is likely to object to the proposed amendments of 17 NYCRR which are the subject of this rulemaking. The objectives are to update correspondence and notice options to allow for electronic communication in order to reduce paperwork burdens and provide corrections to material rendered erroneous by obsolescence. This will result in a reduction of regulatory requirements and an improvement in the clarity of the provisions involved. Job Impact Statement It is determined that this rulemaking will have no impact on jobs and employment opportunities.

19 Rule Making Activities NYS Register/October 12, 2016

HEARINGS SCHEDULED FOR PROPOSED RULE MAKINGS Agency I.D. No. Subject Matter Location—Date—Time

Adirondack Park Agency APA-39-16-00030-P ...... Access to agency records Department of Environmental Conservation, 625 Broadway, Albany, NY—Nov. 14, 2016, 11:00 a.m. Adirondack Park Agency, 1133 Rte. 86, Ray Brook, NY—Nov. 15, 2016, 7:00 p.m. Environmental Conservation, Department of ENV-36-16-00002-P...... Lake Champlain drainage basin Plattsburgh Town Hall, 151 Banker Rd., Plattsburgh, NY—Nov. 2, 2016, 11:00 a.m. Two public information meetings will be held on Oct. 13, 2016, to provide background information on the proposed rule making. Com- ments regarding the proposed regulations will not be taken during these information sessions. Town of Plattsburgh, Town Office Meeting Rm., 151 Banker Rd., Plattsburgh, NY—Oct. 13, 2016, 2:00-4:00 p.m. and 6:00-8:00 p.m. Long Island Power Authority LPA-41-16-00007-P ...... PSEG Long Island’s balanced billing H. Lee Dennison Bldg., 100 Veterans Memo- program rial Hwy., Hauppauge, NY—Nov. 28, 2016, 10:00 a.m. Long Island Power Authority, 333 Earle Ovington Blvd., 4th Fl., Uniondale, NY—Nov. 28, 2016, 2:00 p.m. LPA-41-16-00008-P ...... Authority’s power supply charge H. Lee Dennison Bldg., 100 Veterans Memo- rial Hwy., Hauppauge, NY—Nov. 28, 2016, 10:00 a.m. Long Island Power Authority, 333 Earle Ovington Blvd., 4th Fl., Uniondale, NY—Nov. 28, 2016, 2:00 p.m. LPA-41-16-00009-P ...... Authority’s smart grid small generator H. Lee Dennison Bldg., 100 Veterans Memo- interconnection procedures rial Hwy., Hauppauge, NY—Nov. 28, 2016, 10:00 a.m. Long Island Power Authority, 333 Earle Ovington Blvd., 4th Fl., Uniondale, NY—Nov. 28, 2016, 2:00 p.m. LPA-41-16-00010-P ...... Authority’s revenue decoupling mechanism H. Lee Dennison Bldg., 100 Veterans Memo- rial Hwy., Hauppauge, NY—Nov. 28, 2016, 10:00 a.m. Long Island Power Authority, 333 Earle Ovington Blvd., 4th Fl., Uniondale, NY—Nov. 28, 2016, 2:00 p.m. LPA-41-16-00011-P ...... Authority’s visual benefits assessment H. Lee Dennison Bldg., 100 Veterans Memo- rial Hwy., Hauppauge, NY—Nov. 28, 2016, 10:00 a.m. Long Island Power Authority, 333 Earle Ovington Blvd., 4th Fl., Uniondale, NY—Nov. 28, 2016, 2:00 p.m. Power Authority of the State of New York PAS-41-16-00013-P ...... Rates for the sale of power and energy Power Authority of the State of New York, 123 Main St., White Plains, NY—Nov. 17, 2016, 11:00 a.m. PAS-41-16-00014-P ...... Rates for the sale of power and energy Power Authority of the State of New York, 123 Main St., White Plains, NY—Nov. 17, 2016, 11:00 a.m.

20 NYS Register/October 12, 2016 Rule Making Activities

Public Service Commission PSC-28-16-00015-P ...... Major water rate filing Department of Public Service, Three Empire State Plaza, 3rd Fl. Hearing Rm., Albany, NY—Oct. 13, 2016, 10:30 a.m., and continuing daily 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 available at the DPS website (www.dps.ny.gov) under Case 16-W-0259. PSC-36-16-00005-P ...... Disposition of tax refunds received by New Department of Public Service, Three Empire York American Water Company, Inc. State Plaza, 3rd Fl., Hearing Rm., Albany, NY—Oct. 25, 2016, 10:30 a.m., and continuing daily 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 available at the DPS website (www.dps.ny.gov) under Case 16-W-0384. PSC-38-16-00005-P ...... Disposition of tax refunds and other related Department of Public Service, Three Empire matters State Plaza, 3rd Fl., Hearing Rm., Albany, NY—Nov. 16, 2016, 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 available at the DPS website (www.dps.ny.gov) under Case 16-M-0300. PSC-38-16-00009-P ...... Disposition of tax refunds and other related Department of Public Service, Three Empire matters State Plaza, 3rd Fl., Hearing Rm., Albany, NY—Nov. 16, 2016, 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 available at the DPS website (www.dps.ny.gov) under Case 16-M-0362. PSC-40-16-00023-P ...... Major gas rate filing Department of Public Service, Agency Bldg. Three, 3rd Fl. Hearing Rm., Albany, NY— Dec. 5, 2016, 10:00 a.m., and daily on succeeding business days 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 available at the DPS website (www.dps.ny.gov) under Case 16-G-0369. State, Department of DOS-40-16-00029-EP ...... Signs on buildings utilizing truss type, pre- Department of State, 99 Washington Ave., Rm. engineered wood or timber construction 505, Albany, NY—Nov. 21, 2016, 10:00 a.m.

NYS Register/October 12, 2016 Action Pending Index

ACTION PENDING INDEX

The action pending index is a list of all proposed rules which are in the action pending index, use the identification number to currently being considered for adoption. A proposed rule is 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 from agency, the issue of the Register in which the notice was printed, the index when any of the following occur: (1) the proposal is the year in which the notice was printed and the notice's serial adopted as a permanent rule; (2) the proposal is rejected and number. The following diagram shows how to read identification withdrawn from consideration; or (3) the proposal's notice number codes. 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 no- AAM 01 12 00001 P tices are identified by the word “exempt” in the second column. Actions pending for one year or more are preceded by an Action codes: P — proposed rule making; EP — emergency and asterisk(*). proposed rule making (expiration date refers to proposed rule); For additional information concerning any of the proposals listed RP — revised rule making

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

ADIRONDACK PARK AGENCY

APA-09-16-00005-P ...... 03/02/17 Access to Agency Records To conform Adirondack Park Agency rules to the Public Officers Law and rules promulgated by the Committee on Open Government

APA-39-16-00030-P ...... 11/15/17 Access to Agency Records To conform Adirondack Park Agency rules to the Public Officers Law and rules promulgated by the Committee on Open Government

AGRICULTURE AND MARKETS, DEPARTMENT OF

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

AAM-34-16-00003-P ...... 08/24/17 Firewood (all hardwood species), nursery To modify the ALB quarantine to prevent the stock, logs, green lumber, stumps, roots, further spread of the beetle and to modify the branches and debris of half an inch or more list of regulated articles

AAM-35-16-00017-P ...... 08/31/17 ProgramrulesforNewYorkStateGrown& Inform interested parties of the program, its Certified purpose, participation requirements, qualifying product & rules of participation

ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, OFFICE OF

ASA-34-16-00001-P ...... 08/24/17 Repeal of obsolete rules: General provisions; To repeal obsolete rules of DSAS/DAAA and HIV-AIDS; Inpatient programs; Funding for the Office services; Hearings; Authorizing MDs

AUDIT AND CONTROL, DEPARTMENT OF

AAC-37-16-00005-P ...... 09/14/17 Pre-employment physicals for presumption To address requirement that records of a pre- provisions employment physical be submitted in the event that such records no longer exist

23 Action Pending Index NYS Register/October 12, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

CHILDREN AND FAMILY SERVICES, OFFICE OF

CFS-23-16-00004-ERP ...... 06/08/17 Requirements regarding the cooperation of To clarify requirements for the cooperation of school districts with investigations of school districts with investigations of suspected suspected child abuse or maltreatment child abuse or maltreatment

CFS-24-16-00001-P ...... 06/15/17 Child care for children experiencing To reduce barriers for children experiencing homelessness. homelessness to receive child care assistance and to attend child care.

CFS-39-16-00002-P ...... 09/28/17 Provisions relating to the revocation, To conform the provisions for actions taken on suspension, limitation or denial of an operating operating certificates for adult care facilities to certificate for an adult care facility State law

CIVIL SERVICE, DEPARTMENT OF

CVS-44-15-00006-P ...... 11/03/16 Jurisdictional Classification To classify positions in the exempt class

CVS-44-15-00008-P ...... 11/03/16 Jurisdictional Classification To classify positions in the non-competitive class

CVS-44-15-00010-P ...... 11/03/16 Jurisdictional Classification To classify positions in the non-competitive class

CVS-44-15-00012-P ...... 11/03/16 Jurisdictional Classification To classify a subheading and positions in the non-competitive class

CVS-44-15-00014-P ...... 11/03/16 Jurisdictional Classification To delete a position from and classify a position in the non-competitive class

CVS-44-15-00017-P ...... 11/03/16 Jurisdictional Classification To classify a position in the non-competitive class

CVS-44-15-00018-P ...... 11/03/16 Jurisdictional Classification To classify positions in the exempt class and to classify a position from the non-competitive class

CVS-07-16-00006-P ...... 02/16/17 JurisdictionalClassification To classify a position in the exempt class

CVS-07-16-00009-P ...... 02/16/17 JurisdictionalClassification To classify a position in the exempt class

CVS-11-16-00001-P ...... 03/16/17 JurisdictionalClassification To delete positions from and classify positions in the exempt and non-competitive classes

CVS-11-16-00002-P ...... 03/16/17 JurisdictionalClassification To classify a position in the exempt class

CVS-11-16-00003-P ...... 03/16/17 JurisdictionalClassification To classify positions in the non-competitive class

CVS-14-16-00005-P ...... 04/06/17 Supplemental military leave benefits To extend the availability of supplemental military leave benefits for certain New York State employees until December 31, 2016

CVS-15-16-00004-P ...... 04/13/17 JurisdictionalClassification To classify a position in the exempt class

CVS-15-16-00005-P ...... 04/13/17 JurisdictionalClassification To delete positions from and classify positions in the non-competitive class

CVS-15-16-00006-P ...... 04/13/17 JurisdictionalClassification To classify a position in the exempt class

24 NYS Register/October 12, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

CIVIL SERVICE, DEPARTMENT OF CVS-15-16-00007-P ...... 04/13/17 JurisdictionalClassification To delete positions from and classify positions in the exempt and non-competitive classes

CVS-15-16-00008-P ...... 04/13/17 JurisdictionalClassification To classify a position in the non-competitive class

CVS-20-16-00005-P ...... 05/18/17 JurisdictionalClassification To delete positions from and classify positions in the non-competitive class

CVS-20-16-00006-P ...... 05/18/17 JurisdictionalClassification To classify positions in the non-competitive class

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

25 Action Pending Index NYS Register/October 12, 2016 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 JurisdictionalClassification To classify positions in the exempt class

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

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

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

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

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

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

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

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

COMMISSIONER OF PILOTS, BOARD OF

COP-31-16-00005-P ...... exempt Supplementary fees--Hudson River Assess supplementary fees for pilotage on the Hudson River

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

26 NYS Register/October 12, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

CRIMINAL JUSTICE SERVICES, DIVISION OF

CJS-09-16-00002-P ...... 03/02/17 Central Registry of Police Officers and Peace To consolidate the police officer and peace Officers officer registries; and to clarify the reporting requirements

CJS-25-16-00004-P ...... 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.

EDUCATION DEPARTMENT

EDU-06-16-00004-P ...... 02/09/17 School counseling, certification requirements To implement policy enacted by the Board of for school counselors and the school counselor Regents to enhance existing public school program registration requirements. district guidance programs to require comprehensive developmental counseling programs for all students in grades prekindergarten through 12 by certified school counselors

EDU-10-16-00018-RP ...... 03/09/17 Dental Anesthesia Certification Requirements To conform regulations to the current practice of for Licensed Dentists dental anesthesia administration

EDU-22-16-00006-EP ...... 06/01/17 Teacher certification in career and technical Establishes a new pathway for Transitional A education certificate

EDU-26-16-00016-ERP ...... 06/29/17 Teacher certification in career and technical Establishes new pathways for Transitional A education certificate

EDU-27-16-00002-EP ...... 07/06/17 Superintendent determination as to academic To expand the safety net options for students proficiency for certain students with disabilities with disabilities to graduate with local diplomas to graduate with a local diploma when certain conditions are met

EDU-27-16-00004-EP ...... 07/06/17 Social Studies examination requirements for a To shift the requirement for students to take and high school diploma pass the new Regents examination in Global History and Geography II for graduation for an additional year

EDU-32-16-00002-EP ...... 08/10/17 Community school grants To implement Chapter 53 of the Laws of 2016 by establishing the criteria for community school grants

EDU-39-16-00009-P ...... 09/28/17 Substitute Teachers To provide a sunset date for the amendments made to 80-5.4 at the July Regents meeting

EDU-39-16-00033-EP ...... 09/28/17 Assessments for the New York State Career Establish conditions and procedures for approval Development and Occupational Studies of work-readiness assessments for the CDOS (CDOS) Commencement Credential credential

EDU-39-16-00034-P ...... 09/28/17 Uniform Violent or Disruptive Incident Reporting To revise the categories of violent and disruptive System (VADIR) incidents for VADIR reporting

ELECTIONS, STATE BOARD OF

SBE-17-16-00009-P ...... 04/27/17 Routine testing of voting systems To provide for testing of voting machines not less than once per year

ENVIRONMENTAL CONSERVATION, DEPARTMENT OF

ENV-45-15-00028-P ...... 11/09/16 Science-based State sea-level rise projections To establish a common source of sea-level rise projections for consideration in relevant programs and decision-making

27 Action Pending Index NYS Register/October 12, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

ENVIRONMENTAL CONSERVATION, DEPARTMENT OF ENV-51-15-00004-P ...... 02/10/17 Distributed generation (DG) sources that feed Establish emission limits for distributed the distribution grid or produce electricity for generation sources use at host facilities or both

ENV-51-15-00005-P ...... 12/22/16 Bigboreairrifles To allow big bore air rifles as legal implements for hunting big game

ENV-52-15-00010-P ...... 12/29/16 Procedures for modifying or extinguishing a Establish standards for the DEC to follow when conservation easement held by the NYS DEC modifying or extinguishing a CE and provide for a formal public review process

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-19-16-00002-P ...... 05/11/17 The management of menhaden To add menhaden and the menhaden trip limit to Table B - Commercial Fishing of 6 NYCRR subdivision 40.1(i)

ENV-19-16-00006-EP ...... 06/30/17 Chemical Bulk Storage (CBS) To amend Part 597 of the CBS regulations

ENV-26-16-00002-P ...... 06/29/17 To amend 6 NYCRR Part 40 pertaining to To allow filleting of striped bass aboard party recreational party and charter boat regulations and charter boats for striped bass

ENV-26-16-00013-P ...... 06/29/17 Rule making to implement ECL 17-0826-a To implement the reporting, notification and record keeping requirements of ECL 17-0826-a

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-39-16-00011-P ...... 09/28/17 Sportfishing (freshwater) and associated To revise sportfishing regulations and activities associated activities

FINANCIAL SERVICES, DEPARTMENT OF

DFS-03-16-00003-ERP ...... 01/19/17 Standard financial aid award information sheet Provides guidance to institutions of higher for institutions of higher education education for the implementation of a financial aid award information sheet

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-24-16-00004-P ...... 06/15/17 Financial statement filings and accounting To update citations in Part 83 to the Accounting practices and procedures Practices and Procedures Manual as of March 2014 (instead of 2013).

DFS-29-16-00020-EP ...... 07/20/17 Workers’ Compensation Safe Patient Handling To implement Part A of Chapter 60 of the Laws Program of 2014

DFS-36-16-00001-EP ...... 09/07/17 Minimum Standards For Form, Content And To allow blanket accident insurance policy Sale Of Health Insurance, Including Standards issued in accordance with GBL section 1015.11 Of Full And Fair Disclosure to be excess to any plan

28 NYS Register/October 12, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

FINANCIAL SERVICES, DEPARTMENT OF DFS-39-16-00007-P ...... 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

DFS-39-16-00008-P ...... 09/28/17 CYBERSECURITY REQUIREMENTS FOR To require effective cybersecurity to protect FINANCIAL SERVICES COMPANIES consumers and ensure the safe and sound operation of Department-regulated entities

DFS-41-16-00006-P ...... 10/12/17 Inspecting, Securing and Maintaining Vacant To implement the requirements imposed by the and Abandoned Residential Real Property recent additions to the Real Property Actions and Proceedings Law

DFS-41-16-00012-P ...... 10/12/17 Commercial Crime Coverage Exclusions To prohibit certain insurance exclusions for loss/damage caused by an employee previously convicted of criminal offense

GAMING COMMISSION, NEW YORK STATE

*SGC-39-15-00006-P ...... 09/29/16 Reimbursement of awards for capital Clarify when VLG agent must reimburse State improvement projects at video lottery gaming upon divestment of a capital improvement for (‘‘VLG’’) facilities which capital award was received

SGC-37-16-00007-P ...... 09/14/17 Requirethoroughbred horse trainers to To preserve the integrity of pari-mutuel racing complete four hours of continuing education while generating reasonable revenue for the each year support of government

SGC-37-16-00016-P ...... 09/14/17 Accounting standards for a licensed gaming To govern a gaming facility licensee’s facility procedures in regard to accounting and record keeping

SGC-37-16-00017-P ...... 09/14/17 ElectronicGamingDevices and Equipment To set forth the practices and procedures for the conduct and operation of electronic gaming devices and equipment

SGC-37-16-00018-P ...... 09/14/17 SlotTournaments and Progressive Gaming To to prescribe the technical standards for the Devices certification of slot tournaments and progressive gaming devices

SGC-37-16-00019-P ...... 09/14/17 Table game rules To set forth the practices and procedures for the conduct and operation of table games

SGC-37-16-00020-P ...... 09/14/17 Monitoring, control systems and validation To prescribe the technical standards for the certification of online monitoring and control and validation systems

SGC-37-16-00021-P ...... 09/14/17 Tosetforththestandardsforthegaming To prescribe the technical standards for the devices certification of gaming devices

SGC-37-16-00022-P ...... 09/14/17 Tosetforththepractice and procedures for To regulate the procedures for the cage and the cage and count standards count standards

SGC-38-16-00004-P ...... 09/21/17 Definition of the “wire” at the finish of a To preserve the integrity of pari-mutuel racing harness race while generating reasonable revenue for the support of government

HEALTH, DEPARTMENT OF

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

29 Action Pending Index NYS Register/October 12, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

HEALTH, DEPARTMENT OF *HLT-30-15-00005-RP ...... 10/26/16 Practice of radiologic technology To update regulations related to the practice of radiologic technology

*HLT-39-15-00015-P ...... 09/29/16 Women Infants and Children (WIC) Program To align NYS WIC Program operations with Vendor Applicant Enrollment Criteria current federal requirements by amending the existing vendor enrollment criteria

HLT-46-15-00006-P ...... 12/20/16 EarlyIntervention Program To conform existing program regulations to federal regulations and state statute

HLT-06-16-00002-P ...... 02/09/17 Perinatal Services To update the Breastfeeding Mother's Bill of Rights to conform with recommended standards of care

HLT-15-16-00016-P ...... 04/13/17 ZikaAction Plan; Performance Standards. To require local health departments to develop a Zika Action Plan as a condition of State Aid

HLT-16-16-00002-P ...... 04/20/17 NYS Medical Indemnity Fund To provide additional guidance and clarity to the Fund's requirements and operations

HLT-21-16-00003-P ...... 05/25/17 New York State Newborn Screening Panel To add adrenoleukodystrophy (ALD) and Pompe disease to the list of diseases and conditions on the newborn screening panel

HLT-24-16-00002-P ...... 06/15/17 Neurodegenerative Specialty Rate To authorize Medicaid rate of payment for providing quality of care to the neurodegenerative population.

HLT-24-16-00003-RP ...... 06/15/17 Specialized Programs for Residents with To establish nursing home specialty units for Neurodegenerative Diseases residents with Huntington's Disease (HD) & Amyotrophic Lateral Sclerosis (ALS).

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

HLT-37-16-00023-P ...... 09/14/17 Medical Use of Marihuana To authorize nurse practitioners to register with DOH in order to issue certifications to patients with qualifying conditions

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

HLT-39-16-00031-P ...... 09/28/17 Non-prescription Emergency Contraceptives Allow pharmacies to dispense non-prescription Drugs emerg. contraceptive drugs for Medicaid female recipients without a written order

HLT-39-16-00032-P ...... 09/28/17 Expanded Syringe Access Program To eliminate the word “demonstration”

HLT-40-16-00030-P ...... 10/05/17 TransgenderRelated Care and Services To amend provisions regarding Medicaid coverage of transition-related transgender care and services

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-41-16-00005-P ...... 10/12/17 Compounded Trend to Cost of Living To update the methodology to reflect a Adjustments (COLAs) for Direct Care Workers compounded cost of living adjustment and to remove a superfluous component

30 NYS Register/October 12, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

JOINT COMMISSION ON PUBLIC ETHICS, NEW YORK STATE

JPE-37-16-00002-EP ...... 09/14/17 Source of funding reporting To implement legislative changes made to the source of funding disclosure requirements

JPE-37-16-00003-EP ...... 09/14/17 Adjudicatoryproceedingsandappeals To implement legislative changes made to the procedures for matters under the Commission's adjudicatory proceedings Commission's jurisdiction

LABOR, DEPARTMENT OF

LAB-03-16-00009-P ...... 01/19/17 Employer Imposed Limitations on the Inquiry, This regulation sets forth standards for Discussion, and Disclosure of Wages limitations on inquiry, discussion, or the disclosure of wages amongst employees

LIQUOR AUTHORITY, STATE

LQR-02-16-00002-P ...... 01/12/17 Update outdated Freedom of Information Law To update Authority procedures and ensure procedures utilized by Authority compliance with Freedom of information Law requirements under Pub. Off. Law., art. 6

LQR-17-16-00002-P ...... 04/27/17 Updated price posting rules, license durations, To update price posting rules, license durations, and recordkeeping requirements, and recordkeeping, and joint advertising rules for rescinding of whiskey dividend rules certain license types

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

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

MOTOR VEHICLES, DEPARTMENT OF

MTV-35-16-00003-P ...... 08/31/17 Noticesofhearing Provides for mailing by first class mail for most DMV hearings

31 Action Pending Index NYS Register/October 12, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

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-30-16-00010-P ...... 07/27/17 Updated list of facilities within the jurisdiction To keep accurate the list of facilities within the of the Office of Parks, Recreation and Historic jurisdiction of the Office of Parks, Recreation Preservation and Historic Preservation

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

PAS-41-16-00013-P ...... exempt Rates for the Sale of Power and Energy To recover the Authority's Fixed Costs

PAS-41-16-00014-P ...... exempt Rates for the Sale of Power and Energy To align rates and costs

PUBLIC SERVICE COMMISSION

*PSC-28-97-00032-P ...... exempt General service by Central Hudson Gas & To limit certain special provisions Electric Corporation

*PSC-34-97-00009-P ...... exempt Collection agency fees by Consolidated Edison To pass collection agency fees on to the Company of New York, Inc. customer

*PSC-04-98-00015-P ...... exempt Interconnection service overcharges by Niagara To consider a complaint by Azure Mountain Mohawk Power Corporation Power Co.

*PSC-19-98-00008-P ...... exempt Call forwarding by CPU Industries Inc./MKL To rehear the petition Net,etal.

*PSC-02-99-00006-EP ...... exempt Intralata freeze plan by New York Telephone To approve the plan Company

*PSC-09-99-00012-P ...... exempt Transfer of books and records by Citizens To relocate Ogden Telephone Company's books Utilities Company 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-50-99-00009-P ...... exempt Retail access uniform business practices by To approve a joint petition requesting a waiver The Brooklyn Union Gas Company and extension of a requirement set forth in the KeySpan Gas East Corporation d/b/a commission's order Brooklyn Union of Long Island

*PSC-52-99-00006-P ...... exempt Wide area rate center calling To implement number conservation measures

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

*PSC-14-00-00004-EP ...... exempt NXX code in the 716 NPA by Broadview To assign an NXX code in Buffalo Networks

32 NYS Register/October 12, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION *PSC-14-00-00026-P ...... exempt Interconnection agreement between New York To review the terms and conditions of the Telephone Company d/b/a Bell Atlantic-New negotiated agreement York and Media Log, Inc.

*PSC-14-00-00027-P ...... exempt Interconnection agreement between New York To review the terms and conditions of the Telephone Company d/b/a Bell Atlantic-New negotiated agreement York and Pilgrim Telephone, Inc.

*PSC-14-00-00029-P ...... exempt Interconnection agreement between New York To review the terms and conditions of the Telephone Company d/b/a Bell Atlantic-New negotiated agreement York and CoreComm New York, Inc.

*PSC-16-00-00012-P ...... exempt Termination of local telecommunications traffic To determine appropriate compensation levels by Hyperion Communications of New York, Inc.

*PSC-21-00-00007-P ...... exempt Initial tariff schedule by Drew Road Association To set forth the rates, charges, rules and regulations

*PSC-31-00-00026-P ...... exempt Water service by Windover Water Works To abandon the water system

*PSC-33-00-00010-P ...... exempt Electric rate and restructuring plan by To evaluate possible modifications Rochester Gas and Electric Corporation

*PSC-36-00-00039-P ...... exempt Steam increase by Consolidated Edison To provide for an annual increase in the first Company of New York, Inc. year of a proposed four-year rate plan

*PSC-37-00-00001-EP ...... exempt Interruptible gas customers To ensure customers have an adequate supply of alternative fuel available

*PSC-39-00-00004-P ...... exempt Blockable central office codes by PaeTec To review the commission's requirements for Communications, Inc. assignment of numbering resources

*PSC-44-00-00014-P ...... exempt Recovery of costs through adjustment To permit the recovery of certain costs mechanisms by Consolidated Edison Company of New York, Inc.

*PSC-49-00-00007-P ...... exempt Gas sales and purchases by Corning Natural To determine whether certain gas sales and Gas Corporation purchases were in the public interest and whether customers should bear the resulting costs

*PSC-01-01-00023-P ...... exempt Installation, maintenance and ownership of To update and clarify the provisions service laterals by Rochester Gas and Electric Corporation

*PSC-06-01-00009-P ...... exempt Uniform system of accounts by Rochester Gas To defer an item of expense beyond the end of and Electric Corporation the year in which it was incurred

*PSC-13-01-00001-P ...... exempt Request for accounting authorization by To defer an item of expense beyond the end of Rochester Gas and Electric Corporation the year in which it was incurred

*PSC-13-01-00002-P ...... exempt Request for accounting authorization by To defer an item of expense beyond the end of Rochester Gas and Electric Corporation the year in which it was incurred

*PSC-13-01-00003-P ...... exempt Request for accounting authorization by To defer an item of expense beyond the end of Rochester Gas and Electric Corporation the year in which it was incurred

*PSC-15-01-00012-P ...... exempt Transfer of a controlling leasehold interest by To approve the transfer Huntley Power LLC

33 Action Pending Index NYS Register/October 12, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION *PSC-22-01-00006-P ...... exempt Con Edison's phase 4 plan for retail access by To review the request for rehearing AES Energy, Inc.

*PSC-26-01-00012-P ...... exempt Interconnection of networks between Sprint To review the terms and conditions of the PCS and Verizon New York Inc. negotiated agreement

*PSC-36-01-00010-P ...... exempt Competitive metering by eBidenergy.com To clarify meter ownership rules and requirements

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

*PSC-01-02-00007-P ...... exempt Accounting and rate treatment of proceeds by To consider proceeds from sale of nuclear Consolidated Edison Company of New York, generating facilities Inc.

*PSC-05-02-00005-P ...... exempt Uniform system of accounts by Consolidated To defer expenditures incurred in connection Edison Company of New York, Inc. with emergency response services affected by the World Trade Center disaster

*PSC-06-02-00015-P ...... exempt Network reliability performance mechanism by To earn rewards for meeting the targets of the Consolidated Edison Company of New York, network reliability performance mechanism Inc.

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

*PSC-29-02-00014-P ...... exempt Financing by Valley Energy, Inc. To issue a note and allocate costs

*PSC-49-02-00021-P ...... exempt Requests for lightened regulation by PSEG To consider the company's request Power Bellport, LLC

*PSC-08-03-00009-P ...... exempt Provision of gas service to World Kitchen To establish terms and conditions Incorporated

*PSC-09-03-00012-P ...... exempt Incremental service line installations by New To revise the current flat rate per foot charged York State Electric & Gas Corporation

*PSC-09-03-00014-P ...... exempt Deferral accounting by Consolidated Edison To defer expense items beyond the end of the Company of New York, Inc. and Orange and year(s) in which they were incurred Rockland Utilities, Inc.

*PSC-11-03-00012-P ...... exempt Economic development plan by New York To consider the plan State Electric & Gas Corporation

*PSC-18-03-00004-P ...... exempt Lightened regulation by East Hampton Power To provide for lightened regulation and grant and Light Corporation (EHPLC) financing approval

*PSC-22-03-00020-P ...... exempt Inter-departmental gas pricing by Consolidated To revise the method used in steam and steam- Edison Company of New York, Inc. electric generating stations

*PSC-32-03-00020-P ...... exempt Issuance of debt and approval of surcharge by To approve necessary financing Rainbow Water Company

*PSC-34-03-00019-P ...... exempt Issuance of securities by KeySpan East To obtain authorization to issue securities Corporation d/b/a KeySpan Energy Delivery Long Island

*PSC-35-03-00009-P ...... exempt Interconnection agreement between Verizon To amend the agreement New York Inc. and MCIMetro Access Transmission Services LLC

34 NYS Register/October 12, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

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

*PSC-39-03-00013-P ...... exempt Complaint by State University of New York To consider the complaint (SUNY) regarding a NYSEG operating agreement

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

*PSC-41-03-00008-P ...... exempt Lightened regulation by Sterling Power To consider granting lightened regulation Partners, L.P.

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

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

*PSC-42-03-00005-P ...... exempt Interest rate by the Bath Electric, Gas, and To use an alternate interest rate Water Systems

*PSC-43-03-00036-P ...... exempt Merchant function backout credit and transition To continue the credit and account until May 31, balancing account by KeySpan Gas East 2005 Corporation

*PSC-43-03-00037-P ...... exempt Merchant function backout credit and transition To continue the credit and account until May 31, balancing account by The Brooklyn Union Gas 2005 Company

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

*PSC-47-03-00024-P ...... exempt Lightened regulation and financing approval by To consider the requests Medford Energy LLC

*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 industrial To submeter gas service to commercial and commercial customers by Hamburg customers located at the Buffalo Speedway 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

35 Action Pending Index NYS Register/October 12, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION *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

*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 Consolidated To provide an application form 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 Consolidated To implement the program Edison Company of New York, Inc.

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

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

36 NYS Register/October 12, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

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

*PSC-41-05-00013-P ...... exempt Annual reconciliation of gas expenses and gas To consider the filings 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

*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 benefits To extend the deadline to Central Hudson's 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

37 Action Pending Index NYS Register/October 12, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION *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 Hudson To consider the petitions for rehearing Gas & Electric Corporation and the Consumer Protection Board

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

*PSC-39-06-00022-P ...... exempt Uniform business practices and related matters To establish a contest period 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 Badger transmitter by New York State Electric and Meter Incorporated Orion Integral transmitters Gas Corporation

*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 Gas To modify enforcement mechanisms Distribution Corporation

*PSC-04-07-00012-P ...... exempt Petition for rehearing by Orange and Rockland To clarify the order 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 staff's the Consolidated Edison Company of New 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

38 NYS Register/October 12, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION *PSC-20-07-00016-P ...... exempt Tariff revisions and making rates permanent by To seek rehearing 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.

*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 codes code region

*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 tariff To grant or deny Turner's petition by Turner Engineering, PC

39 Action Pending Index NYS Register/October 12, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION *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 of To consider whether to grant or deny, in whole the commission's April 25, 2008 order denying or in part, the May 7, 2008 Public Utility Law 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

*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 selection To establish policies and procedures regarding of regulatory proposals to meet reliability the selection of regulatory proposals to meet 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 the cost mitigation reserve (CMR) CMR

*PSC-32-08-00009-P ...... exempt The ESCO referral program for KEDNY to be To approve, reject or modify, in whole or in part, implemented by October 1, 2008 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 tariffs Consideration of the approval of RG&E's 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

40 NYS Register/October 12, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION *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, to submetering of electricity master meter & submeter electricity at 345 E. 81st St., New York, New York

*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 Commission's October 27, 2008 Order in Cases 08-G-0078 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 redefinition Citizens/Frontier 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 for negotiated agreement between Frontier Comm. local exchange service and exchange access and WVT Comm.

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

41 Action Pending Index NYS Register/October 12, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION *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, New customer at Cooper Union, New York, NY 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

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

*PSC-17-09-00010-P ...... exempt Whether to permit the use of Elster REX2 solid To permit electric utilities in New York State to state electric meter for use in residential and use the Elster REX2 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 build antennas on land owned by National Grid 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

42 NYS Register/October 12, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION *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 in part, the petition part, the petition

*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 tw local exchange service and exchange access 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 the implemented by RG&E on June 1, 2009 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

43 Action Pending Index NYS Register/October 12, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION *PSC-39-09-00018-P ...... exempt The offset of deferral balances with Positive To consider a petition to offset deferral balances Benefit Adjustments 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 retail To revise the uniform Electronic Data access data between jurisdictional utilities and Interchange Standards and business practices 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 for condition of merger capital improvement than required by the merger

*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 Consolidated December 17, 2009 related to redevelopment of Edison's Hudson Avenue generating facility the Hudson Avenue 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 or Whether to grant, deny, or modify , in whole or in part, the rehearing petition filed in Case in part, the rehearing petition filed in Case 06-E- 06-E-0847 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

44 NYS Register/October 12, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION *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 in Street, Fort Edward, New York 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 New its affiliated electric corporations in New York York are providing safe service are providing safe service

*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 relating To remove tariff regulations relating to retail 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 a 2001 Rate Order that NMPC Board of majority of NMPC Board of directors consist of Directors consist of ‘‘outside directors’’ ‘‘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 service gas service to a commercial customer at to a commercial customer at Quaker Crossing Quaker Crossing Mall 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

45 Action Pending Index NYS Register/October 12, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION *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, Vernon, NY 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

*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 all utilities 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 Benefits To encourage cost effective gas and electric Charge funds to pay State Cost Recovery Fee energy conservation in the State

*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 low- To promote energy conservation in New York 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%

46 NYS Register/October 12, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION *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 retirement requirements 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 hearing, or in part, Windstream New York's Petition For and petition to stay said Order. Reconsideration and Rehearing.

*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 as Consideration of Con Edison's proposal to 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-52-11-00017-P ...... exempt Reparations and refunds Reparations and refunds

*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

47 Action Pending Index NYS Register/October 12, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION *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 expansion To determine how and to what extent expenses of Con Edison's ESCO referral program, related to the Expansion of Con Edison's ESCO PowerMove 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

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

*PSC-17-12-00007-P ...... exempt Whether a proposed agreement for the Whether the Commission should issue an order provision of water service by Saratoga Water approving the proposed provision of water Services, Inc. is in the public interest service

*PSC-17-12-00008-P ...... exempt Whether a proposed agreement for the Whether the Commission should issue an order provision of water service by Saratoga Water approving the proposed provision of water Services, Inc. is in the public interest service

*PSC-17-12-00009-P ...... exempt Whether a proposed agreement for the Whether the Commission should issue an order provision of water service by Saratoga Water approving the proposed provision of water Services, Inc. is in the public interest service

*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 and performance program funding plan targets to fund the CHP program administered by NYSERDA

*PSC-19-12-00023-P ...... exempt Petition for approval pursuant to Section 70 for To consider whether to grant, deny or modify, in the sale of goods with an original cost of less whole or in part, the petition filed by Orange and than $100,000 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 to and shareholders be applied following the conclusion of Corning's rate plan

48 NYS Register/October 12, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION *PSC-27-12-00012-P ...... exempt Implementation of recommendations made in a To consider implementation of recommendations Management Audit Report 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 abandonment Knight's water system 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

*PSC-42-12-00009-P ...... exempt Regulation of Gipsy Trail Club, Inc.'s long-term To exempt Gipsy Trail Club, Inc. from 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 Commission policy and RG&E tariff 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 in part the petition of Con Edison to grant 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 Gas Corporation 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

49 Action Pending Index NYS Register/October 12, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

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

*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 consumer To consider and further develop policies that acceptance and use of electric vehicles may impact consumer acceptance and use of electric vehicles

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

*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 certain litigation, determine the recovery of certain deferral amounts owed NFG from ratepayers deferred amounts owed NFG by 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-24-13-00009-P ...... exempt Repowering options for the Cayuga generating To establish whether utility plans should include station located in Lansing, New York, and repowering options for the Cayuga generating alternatives station, or other alternatives

*PSC-24-13-00010-P ...... exempt Repowering options for the Dunkirk generating To establish whether utility plans should include station located in Dunkirk, New York, and repowering options for the Dunkirk generating alternatives station, or other alternatives

*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.

50 NYS Register/October 12, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

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

*PSC-28-13-00016-P ...... exempt The request of NGT for lightened regulation as To consider whether to approve, reject, or 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 certain regulations that gas be odorized in certain lines 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 Uniform Business Practices 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 required to undertake actions to protect its to undertake actions to protect its name and to name and to minimize customer confusion 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.

*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 section To consider a waiver of certain regulations 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 section To consider a waiver of certain regulations 88.4(a)(4). relating to the content of an application for transmission line siting

51 Action Pending Index NYS Register/October 12, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION *PSC-45-13-00024-P ...... exempt Waiver of PSC regulations, 16 NYCRR section To consider a waiver of certain regulations 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 section To consider a waiver of certain regulations 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, 2013 submitted in support of a request for a change 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, 2013 submitted in support of a request for a change 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, 2013 submitted in support of a request for a change to support its next rate filing. in rates.

*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-01-14-00017-P ...... exempt Residential Time-of-Use Rates To establish residential optional time of use delivery and commodity rates

*PSC-03-14-00009-P ...... exempt disposition of tax refunds and other related to determine the disposition of tax refunds and matters other related matters

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

52 NYS Register/October 12, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION *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 ensure ESCO compliance ESCO compliance

*PSC-11-14-00003-P ...... exempt Provision for the recovery and allocation of To consider the recovery and allocation of costs costs of transmission projects that reduce of transmission projects that reduce congestion congestion on certain interfaces 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 CPCN of Plattsburgh after approval of a town wide is approved and impose PSL 25-a penalties. CPCN and to impose 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 proposal termination of service. 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

*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.

53 Action Pending Index NYS Register/October 12, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION *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 adopted. enhance the efficiency, safety, reliability and 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 the Heat & Power Performance Program. Combined Heat & Power Performance Program.

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

*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 Michael Bonnie and Michael Cross Cross

*PSC-32-14-00009-P ...... exempt Refueling options for the Dunkirk generating To address the joint petition for rehearing of the station located in Dunkirk, New York, and Commission's Order related to refueling the alternatives Dunkirk generating station

*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 generation To consider regulation of a proposed electricity facility located in the Town of Brookhaven, NY generation facility located in the Town of 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.

54 NYS Register/October 12, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION *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 fuel State's electric utilities. 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 regarding The study and petition of Con Edison regarding use, accounting and ratemaking treatment for use, accounting and ratemaking treatment for 11-23 and 2-28 Hudson Ave. Brooklyn. 11-23 and 2-28 Hudson Ave. Brooklyn.

*PSC-38-14-00005-P ...... exempt Action on the report and petition of Con Edison Action on the report and petition of Con Edison regarding the Storm Hardening and Resiliency regarding the Storm Hardening and 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 regarding The study and petition of Con Edison regarding use, accounting and ratemaking treatment for use, accounting and ratemaking treatment for 11-23 and 2-28 Hudson Ave. Brooklyn. 11-23 and 2-28 Hudson Ave. Brooklyn.

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

*PSC-38-14-00012-P ...... exempt Action on the report and petition of Con Edison Action on the report and petition of Con Edison regarding the Storm Hardening and Resiliency regarding the Storm Hardening and 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 the may be adopted. development and use of DR as an economic system resource.

*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 residential customers. 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 Centron AMR and AMI functionality. 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 gas and related facilities located in the Town of pipeline and related facilities located in the Town Ticonderoga, NY. 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.

55 Action Pending Index NYS Register/October 12, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION *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 in To consider the recommendations contained in Staff' s electric outage investigation report for Staff's electric outage investigation report for MNRR, New Haven Line. MNRR, New Haven Line.

*PSC-52-14-00019-P ...... exempt Petition for a waiver to master meter electricity. Considering the request of 614 South Crouse 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-01-15-00017-P ...... exempt Reimbursement of costs for construction under To determine proper reimbursement for costs 16 NYCRR 230 related to trenching and construction

*PSC-03-15-00002-P ...... exempt Waiver of tariff provisions related to SC 14 To determine whether a waiver is warranted Non-Core Transportation Services for Electric Generation

*PSC-04-15-00008-P ...... exempt Re-billing SC No. 2 customers from March To determine whether re-billing SC No. 2 2008 through March 2014. customers by the Companies' proposed methodology customers is appropriate.

*PSC-04-15-00010-P ...... exempt To modify the retail access program under SC To modify the retail access program to No. 19 - Seller Transportation Aggregation implement Tier 2A – Storage Capacity Release Service. and make other tariff changes.

*PSC-04-15-00011-P ...... exempt To modify the retail access program under SC To modify the retail access program to No. 8 - Seller Services. implement Tier 2A - Storage Capacity Release and make other tariff changes.

*PSC-04-15-00012-P ...... exempt Disposition of tax refunds and other related To determine the disposition of tax refunds and matters. other related matters.

*PSC-07-15-00006-P ...... exempt Whether to order a remand regarding Whether to order a remand regarding payphone payphone rates rates and award refunds

*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 its billing program. 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

56 NYS Register/October 12, 2016 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 to file tariff changes 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 mechanism NYCRR Section 720.6.5

*PSC-13-15-00024-P ...... exempt Whether Leatherstocking should be permitted To decide whether to approve Leatherstocking's to recover a shortfall in earnings 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 Adopting Consideration of a petition for rehearing 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-18-15-00004-P ...... exempt National Grid's electric Economic Development To revise the economic development assistance Programs to qualified businesses

*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-18-15-00007-P ...... exempt National Grid's Economic Development To authorize a new economic development Programs program for National Grid's natural gas service territory

*PSC-19-15-00011-P ...... exempt Gas Safety Performance Measures and To update the performance measures applicable associated negative revenue adjustments 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 and 16 NYCRR 96.1(a) 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

57 Action Pending Index NYS Register/October 12, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION *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.

*PSC-26-15-00014-P ...... exempt To consider the request for partial waiver of To consider the request for partial waiver of the the energy audit requirements in 16 NYCRR energy audit requirements in 16 NYCRR Section Section 96.5(k) 96.5(k)

*PSC-26-15-00016-P ...... exempt Petition to Submeter electricity To consider the request of 39 Plaza Housing Corporation to submeter electricity at 39 Plaza Street West, Brooklyn, New York

*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-28-15-00006-P ...... exempt The minor electric rate filing of Mohawk Whether to increase Mohawk Municipal Municipal Commission Commission's annual electric revenues by approximately $113,119 or 13.74%

*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-31-15-00007-P ...... exempt Plan to convert petroleum pipeline into a Whether to approve the proposed conversion natural gas pipeline plan submitted by NIC Holding Corp

*PSC-32-15-00005-P ...... exempt Petition for rehearing of the Order Adopting To consider a petition for rehearing of the Order Dynamic Load Management Filings with Adopting Dynamic Load Management Filings Modifications with Modifications

*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 Commission of Distributed Energy Resource suppliers. 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 with To consider the petition by NYCOM requesting obtaining information on CLECs and ESCOs assistance with obtaining information on CLECs and ESCOs

*PSC-35-15-00011-P ...... exempt Demand based Standby Service Charges To consider a revision to demand based levied upon Offset Tariff customers accounts Standby Service Charges levied upon Offset Tariff customers accounts

*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

58 NYS Register/October 12, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION *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-41-15-00007-P ...... exempt The allocation of costs for the extension of Whether to grant the complaint of Glenwyck electric service Development, LLC

PSC-41-15-00009-P ...... exempt Main Tier of the Renewable Portfolio Standard To consider allocating funding from the Main 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 new compliance requirements approved by FERC. BES compliance requirements.

PSC-42-15-00013-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-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-47-15-00012-P ...... exempt Reimbursement of costs for construction under To determine proper reimbursement for costs 16 NYCRR 230 related to trenching and construction

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

PSC-48-15-00010-P ...... exempt Lightened and incidental regulation of a 55 MW Consider the lightened and incidental regulation electric and steam generating facility. 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 Establishing To consider a Petition for rehearing of the Order Interim Ceilings on the Interconnection of Net Establishing Interim Ceilings on the 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.

59 Action Pending Index NYS Register/October 12, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION PSC-50-15-00008-P ...... exempt The transfer of 1,064 utility poles. To consider the transfer of 1,064 utility poles from Orange and Rockland Utilities, Inc. to Frontier Communications Corp.

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-51-15-00011-P ...... exempt National Grid's electric Economic Development To consider modifications to the economic Programs development assistance to qualified businesses

PSC-52-15-00015-P ...... exempt Consequences pursuant to the Commission's To consider whether to impose consequences Uniform Business Practices (UBP). on Astral for its apparent non-compliance with Commission requirements.

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-01-16-00003-P ...... exempt Deferral of expenses To consider a petition for the deferral of expenses

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

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

PSC-04-16-00010-P ...... exempt Proposed revisions to add and clarify To consider revisions to SC No. 14 and align the provisions related to electric generators under electric generator provisions with its downstate SC No. 14. companies, KEDLI and KEDNY.

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 claims in violations of HEFPA. of HEFPA violations.

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

PSC-04-16-00013-P ...... exempt Proposal to find that three gas turbines located Consider whether three gas turbines located at at the Astoria Gas Turbine Generating Station the Astoria Gas Turbine Generating Station are 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 duration National Grid is requiring of Lakewood for the used. new interconnection is appropriate.

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.

60 NYS Register/October 12, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION 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-07-16-00018-P ...... exempt The use of the Open Way Centron 3.5 To consider the use of the Itron Open Way commercial meter, with 4G LTE cellular or Centron 3.5 meter modem communications for electric metering

PSC-08-16-00007-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent of BOP MW Residential Market LLC and BOP MW Residential Affordable LLC to submeter electricity.

PSC-10-16-00010-P ...... exempt Stock Acquisition To consider the acquisition of the stock of Whistle Tree Development Corporation by Scribners Catskill Lodge, LLC.

PSC-11-16-00010-P ...... exempt To establish a process to facilitate the transfer To consider the establishment of a process to of complete systems of street lighting facilitate the transfer of complete systems of equipment street lighting equipment

PSC-11-16-00011-P ...... exempt To establish a process to facilitate the transfer To consider the establishment of a process to of complete systems of street lighting facilitate the transfer of complete systems of equipment street lighting equipment

PSC-11-16-00012-P ...... exempt To establish a process to facilitate the transfer To consider the establishment of a process to of complete systems of street lighting facilitate the transfer of complete systems of equipment street lighting equipment

PSC-11-16-00013-P ...... exempt Leakage survey and corrosion inspection To establish protocols and timeframes for requirements completing leakage surveys and corrosion inspections on gas service lines

PSC-11-16-00014-P ...... exempt To establish a process to facilitate the transfer To consider the establishment of a process to of complete systems of street lighting facilitate the transfer of complete systems of equipment street lighting equipment

PSC-11-16-00015-P ...... exempt To establish a process to facilitate the transfer To consider the establishment of a process to of complete systems of street lighting facilitate the transfer of complete systems of equipment street lighting equipment

PSC-11-16-00016-P ...... exempt Notice of Intent to submeter electricity To consider the Notice of Intent of 504 Myrtle Residential Owner LLC to submeter electricity at 504 Myrtle Avenue, Brooklyn, NY

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-11-16-00018-P ...... exempt Rolling Meadows Water Corporation's rates for To consider an increase in Rolling Meadows the provision of water Water Corporation's annual water revenues by approximately $169,841 or 34.05%

PSC-12-16-00003-P ...... exempt The use of the GE Energy low voltage To consider the use of the GE Energy low transformers voltage transformers

61 Action Pending Index NYS Register/October 12, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION 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-12-16-00005-P ...... exempt Notice of Intent to submeter electricity To consider the Notice of Intent of 3475 Third Avenue Owner Realty LLC to submeter electricity at 3475 Third Avenue, Bronx, NY

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-13-16-00008-P ...... exempt Standby rate exemption for Offset Tariff Consideration of the standby rate exemption for customers Offset Tariff customers

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-13-16-00011-P ...... exempt Transfer of stock To consider the sale of all outstanding Crystal Water Corp. stock to Bruce McNab

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 applications grandfathered projects. 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-15-16-00010-P ...... exempt Proposed financial incentives for projects To consider financial incentives for projects undertaken through the Targeted Demand undertaken through the Targeted Demand Management program Management program

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-17-16-00004-P ...... exempt Major electric rate filing To consider an increase in Con Edison's electric delivery revenues of approximately $482 million or 9.5%

PSC-17-16-00005-P ...... exempt Major gas rate filing To consider an increase in KEDNY's gas delivery revenues by approximately $290 million or 32%

PSC-17-16-00006-P ...... exempt Proposal to revise General Rule 20 Standby To consider proposed tariff revisions related to Service standby service multi-party offset under General Rule 20

PSC-17-16-00007-P ...... exempt Major gas rate filing To consider an increase in Con Edison's gas delivery revenues of approximately $154 million or 13.4%

PSC-17-16-00008-P ...... exempt Major gas rate filing To consider an increase in KEDLI's gas delivery revenues by approximately $175 million or 27%

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

62 NYS Register/October 12, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION 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 Further customers. 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.

PSC-19-16-00010-P ...... 05/11/17 Technical Amendments of State regulations To align State regulations with their corollary Federal regulations

PSC-19-16-00011-P ...... exempt Public Street Lighting - LED Options To consider the addition of LED options to O&R's SC No. 4 - Public Street Lighting

PSC-19-16-00012-P ...... exempt Proposed corporate reorganization and transfer To consider corporate reorganization and of ownership interests between members in transfer of ownership interests between Cricket Valley Energy Center, LLC members in Cricket Valley Energy Center, LLC

PSC-20-16-00007-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent of BAM GO Developers, LLC to submeter electricity at 250 Ashland Place, Brooklyn, New York.

PSC-20-16-00008-P ...... exempt Consideration of consequences against Global To consider consequences against Global Energy Group, LLC for violations of the Energy Group, LLC for violations of the Uniform Uniform Business Practices (UBP). 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 expense. To consider deferring costs of conducting leak 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 Residential Non-Intrusive Load Monitoring Device. Appliance Metering Study.

PSC-21-16-00007-P ...... exempt Notice of Intent to submeter electricity To consider the Notice of Intent to submeter electricity at 206 Outer Main Street, Building #67, Potsdam, New York

PSC-21-16-00008-P ...... exempt GE I-210+c with Silver Spring Network To consider the use of the GE I-210+c with Interface Card (NIC) 510 Silver Spring Networks Interface Card (NIC) 510

PSC-22-16-00010-P ...... exempt Notice of Intent to submeter electricity and To consider the Notice of Intent to submeter waiver of 16 NYCRR § 96.5(k)(3). electricity and waiver of 16 NYCRR § 96.5(k)(3).

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.

63 Action Pending Index NYS Register/October 12, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION PSC-22-16-00015-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent to submeter electricity at 100 Willoughby Street and 210 Duffield Street, Brooklyn, New York.

PSC-23-16-00008-P ...... exempt Notice of Intent to submeter electricity To consider the Notice of Intent to submeter electricity at 135 West 52nd Street, New York, New York

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-23-16-00010-P ...... exempt Minor water rate filing To consider an increase in Pheasant Hill Water Corporation's annual water revenues by approximately $66,325 or 126%

PSC-23-16-00011-P ...... exempt Notification concerning tax refunds To consider Verizon New York Inc.'s request to retain a portion of a property tax refund

PSC-23-16-00013-P ...... exempt Acquisition of all of the assets of Beaver Dam To consider the acquisition of all assets of Lake Water Corporation Beaver Dam Lake Water Corporation by New York American 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-25-16-00008-P ...... exempt Consideration of the Avangrid Implementation To consider Avangrid's Implementation Plan. Plan and audit recommendations.

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-25-16-00010-P ...... exempt Consideration of Consolidated Edison To consider Consolidated Edison Company of Company of New York, Inc.'s Implementation New York, Inc.'s Implementation Plan. Plan and audit recommendations.

PSC-25-16-00011-P ...... exempt A petition for rehearing of the Order To determine appropriate rules for Community Authorizing Framework for Community Choice Choice Aggregation Programs. Aggregation Opt-out Program.

PSC-25-16-00012-P ...... exempt Consideration of NYISO's Western New York To identify whether NYISO should proceed to PPTN Viability and Sufficiency Assessment. further evaluate solutions to a Western New York PPTN.

PSC-25-16-00013-P ...... exempt Petition for reconsideration of the Order To determine appropriate rules for Community Authorizing Framework for Community Choice Choice Aggregation Programs Aggregation Opt-out Program

PSC-25-16-00014-P ...... exempt Consideration of the National Grid companies' To consider the National Grid companies' Implementation Plan and audit Implementation Plan. recommendations.

PSC-25-16-00015-P ...... exempt Consideration of the National Fuel Gas To consider National Fuel Gas Distribution Distribution Corporation Implementation Plan Corporation's Implementation Plan. and audit recommendations.

64 NYS Register/October 12, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION PSC-25-16-00016-P ...... exempt Consideration of the Orange and Rockland To consider Orange and Rockland Utilities, Inc.'s Utilities, Inc. Implementation Plan and audit Implementation Plan. recommendations.

PSC-25-16-00017-P ...... exempt Consideration of the Central Hudson Gas & To consider Central Hudson Gas & Electric Electric Corporation Implementation Plan and Corporation ‘s Implementation Plan. audit recommendations.

PSC-25-16-00018-P ...... exempt Proposed Community Choice Aggregation Data To ensure appropriate consumer protections in 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-25-16-00020-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent of Gemini Residential, LLC to submeter electricity at 225 East 39th Street, New York, New York.

PSC-25-16-00021-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent of 28th Highline Associates, LLC to submeter electricity at 520 West 28th Street, New York, NY.

PSC-25-16-00022-P ...... exempt Transfer of ownership interests in Crestwood Consideration of transfer of ownership interests Pipeline East LLC. in Crestwood Pipeline East LLC.

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 Co., the Village of Kiryas Joel. 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.

PSC-25-16-00027-P ...... exempt Use of the Badger Meter HR E LCD High To consider the use of the Badger Meter HR E Resolution E Series Encoder Register. LCD High Resolution E Series Encoder Register.

PSC-25-16-00028-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent of 421 Kent Development LLC to submeter electricity at 60 South 8th Street, Brooklyn, New York.

PSC-25-16-00029-P ...... exempt Use of the Orion Water Endpoints meter To consider the use of the Orion Water reading system. Endpoints.

PSC-26-16-00019-P ...... exempt Major water rate filing. To consider a proposal to increase annual base rates by approximately $11.6 million or 13.7%.

PSC-26-16-00020-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent to submeter electricity at 23-01 42nd Street, Long Island City, New York.

PSC-26-16-00021-P ...... exempt To extend the implementation date for its retail To consider an extension for the implementation access program cash-out process. of the retail access program cash-out process.

65 Action Pending Index NYS Register/October 12, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION PSC-28-16-00013-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-28-16-00014-P ...... exempt Consideration of CECONY and O&R's To consider CECONY and O&R's Implementation Implementation Plan for 36 audit Plan. recommendations.

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-28-16-00016-P ...... exempt A petition for reconsideration of the Order To determine appropriate rules for and Adopting a Ratemaking and Utility Revenue calculation of the distributed generation reliability Model Policy Framework. credit.

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 Policy calculation of the distributed generation reliability Framework. credit.

PSC-29-16-00021-P ...... exempt Use of the Silver Spring Network Commercial To consider the use of the Silver Spring Gas Interface Management Unit - IMU 200. Network Commercial Gas Interface Management Unit - IMU 200.

PSC-29-16-00022-P ...... exempt Petitions for Rehearing of the Commission's To establish rates, terms, and conditions for low Order Adopting Low Income Program income utility programs. Modifications and Directing Utility Filings.

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 and Network Residential Gas Interface Management IMU 300A. Unit - IMU 300 and IMU 300A.

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

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

PSC-30-16-00005-P ...... exempt Notice of Intent to submeter electricity To consider the Notice of Intent of 616 First Avenue LLC to submeter electricity at 626 First Avenue, New York, New York

PSC-30-16-00006-P ...... exempt The application of NYSEG's tariff to a remote To determine the appropriate tariff treatment for net metering host account owned by Cornell the Cornell account University

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

PSC-31-16-00004-P ...... exempt Proposed acquisition of 100% of the assets of To consider the proposed acquisition of all WBA by NYAW and to address other matters assets of WBA by NYAW and other matters related to the acquisition. related to the acquisition.

PSC-32-16-00003-P ...... exempt Performance Assurance Plan waiver for certain To consider Verizon's waiver petition concerning wholesale service quality metrics. certain wholesale service quality results.

PSC-32-16-00004-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent of 58 Corner LLC to submeter electricity at 600 W. 58th Street, New York, New York.

66 NYS Register/October 12, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION PSC-32-16-00005-P ...... exempt Major gas rate filing. To consider an increase in National Fuel's gas delivery revenues of approximately $41.7 million or 15.27%.

PSC-32-16-00006-P ...... exempt Proposed revisions for a new Daily Delivery To consider a new Daily Delivery Service and a Service and the Winter Bundled Sales Service. modified Winter Bundled Sales Service.

PSC-32-16-00007-P ...... exempt Utility DSIPs to achieve the Commission's Development of utility DSIPs for improving utility Reforming the Energy Vision (REV) initiative. planning and operations functions under REV.

PSC-32-16-00008-P ...... exempt Proposed revisions to add and clarify To consider revisions to SC No. 14 - Daily provisions related to electric generators under Balancing Service. SC No. 14.

PSC-32-16-00009-P ...... exempt Proposed acquisition of 100% of the assets of To consider the proposed acquisition of assets New Vernon and Whitlock Farms by NYAW. of New Vernon and Whitlock Farms by NYAW.

PSC-32-16-00010-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent to submeter electricity at 30 Park Place, New York, New York.

PSC-32-16-00011-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent to submeter electricity at 138-35 39th Avenue, Flushing, New York.

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

PSC-32-16-00021-P ...... exempt The continued deferral of $300,000 in property To consider the continued deferral of $300,000 taxes. in property taxes.

PSC-33-16-00001-EP ...... 08/17/17 Useofescrow 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-33-16-00004-P ...... exempt Design and implementation of Low-Income To consider the design and implementation of a Energy Efficiency Program proposed by Low-Income Energy Efficiency Program Massena Electric Department. proposed by Massena Electric Department.

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-33-16-00006-P ...... exempt Lightened regulatory regime applicable to To determine the extent to which Indeck Corinth Indeck Corinth Limited Partnership. Limited Partnership will be regulated under the Public Service Law.

PSC-34-16-00004-P ...... exempt Proposed revisions to the General Information To consider revisions to AMR/AMI meter opt- Section III.8(W) - AMR/AMI Meter Opt-out. out and manual meter reading charge provisions.

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-34-16-00007-P ...... exempt Proposed revisions to the General Rule 6.10 - To consider revisions to AMR/AMI meter opt- AMR/AMI Meter Opt-out. out and manual meter reading charge provisions.

67 Action Pending Index NYS Register/October 12, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION 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.

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-34-16-00014-P ...... exempt Petition to submeter electricity. To consider the petition of Elmo Homes, Inc. to submeter electricity at 728 41st Street, Brooklyn, New York.

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-34-16-00016-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent of Snowplow LH LLC to submeter electricity at 252 East 57th Street, New York, NY.

PSC-34-16-00017-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent of 212 Fifth Avenue Venture LLC to submeter electricity at 212 Fifth Avenue, New York, NY.

PSC-34-16-00018-P ...... exempt Standby Service. To consider the implementation of a standby reliability credit and an offset tariff provision.

PSC-34-16-00019-P ...... exempt Standby Service. To consider the implementation of a standby reliability credit and an offset tariff provision.

PSC-34-16-00020-P ...... exempt Standby Service. To consider the implementation of a standby reliability credit and an offset tariff provision.

PSC-34-16-00021-P ...... exempt Standby Service. To consider the implementation of a standby reliability credit and an offset tariff provision.

PSC-34-16-00022-P ...... exempt Standby Service. To consider the implementation of a standby reliability credit and an offset tariff provision.

PSC-35-16-00014-P ...... exempt Proposed acquisition of 100% of the assets of To consider the proposed acquisition of 100% of Hoey-DeGraw by NYAW and to address other assets of Hoey-DeGraw by NYAW and other matters related to the acquisition matters related to the acquisition

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 installation service. of electric service.

68 NYS Register/October 12, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION 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-37-16-00008-P ...... exempt Sources and mechanisms of funding related to To promote and maintain renewable and zero- the Clean Energy Standard. emission electric energy resources.

PSC-37-16-00009-P ...... exempt Transfer of the James A. FitzPatrick Nuclear To ensure safe and adequate electric generation Power Plant from Entergy Nuclear FitzPatrick, facilities. LLC to Exelon Generation Company, LLC

PSC-37-16-00010-P ...... exempt Zero Emission Credit requirement of the Clean To avoid adverse air emissions from fossil- Energy Standard. fueled generation that would replace nuclear generation.

PSC-37-16-00011-P ...... exempt Temperature Controlled and Interruptible To consider proposed revisions to tariff Provisions. provisions related to temperature controlled and interruptible customers.

PSC-37-16-00012-P ...... exempt Sources and mechanisms of funding related to To promote and maintain renewable and zero- the Clean Energy Standard. emission electric energy resources.

PSC-37-16-00013-P ...... exempt Temperature Controlled and Interruptible To consider proposed revisions to tariff Provisions. provisions related to temperature controlled and interruptible customers.

PSC-37-16-00014-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent to submeter electricity at 301 East 61st Street, New York, New York.

PSC-37-16-00015-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent of 10 Sullivan Condominium to submeter electricity at 10 Sullivan Street, New York, New York.

PSC-38-16-00005-P ...... exempt Disposition of tax refunds and other related To consider the disposition of tax refunds and matters 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 NYCRR individual metering requirements of Opinion Part 96 76-17 and 16 NYCRR Part 96

PSC-38-16-00008-P ...... exempt The capacity limit for net energy metering of Increase in the capacity threshold, from 1 MW to farm waste electric generating equipment 2 MW, for net energy metering of farm waste electric generation

PSC-38-16-00009-P ...... exempt Disposition of tax refunds and other related To consider the disposition of tax refunds and matters other related matters

PSC-39-16-00012-P ...... exempt The Clean Energy Standard. To promote and maintain renewable and zero- emission electric energy resources.

PSC-39-16-00013-P ...... exempt The Clean Energy Standard. To promote and maintain renewable and zero- emission electric energy resources.

PSC-39-16-00014-P ...... exempt The Clean Energy Standard. To promote and maintain renewable and zero- emission electric energy resources.

PSC-39-16-00015-P ...... exempt The Clean Energy Standard. To promote and maintain renewable and zero- emission electric energy resources.

PSC-39-16-00016-P ...... exempt The Clean Energy Standard. To promote and maintain renewable and zero- emission electric energy resources.

69 Action Pending Index NYS Register/October 12, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION PSC-39-16-00017-P ...... exempt The Clean Energy Standard. To promote and maintain renewable and zero- emission electric energy resources.

PSC-39-16-00018-P ...... exempt The Clean Energy Standard. To promote and maintain renewable and zero- emission electric energy resources.

PSC-39-16-00019-P ...... exempt The Clean Energy Standard. To promote and maintain renewable and zero- emission electric energy resources.

PSC-39-16-00020-P ...... exempt The Clean Energy Standard. To promote and maintain renewable and zero- emission electric energy resources.

PSC-39-16-00021-P ...... exempt The Clean Energy Standard. To promote and maintain renewable and zero- emission electric energy resources.

PSC-39-16-00022-P ...... exempt The Clean Energy Standard. To promote and maintain renewable and zero- emission electric energy resources.

PSC-39-16-00023-P ...... exempt The Clean Energy Standard. To promote and maintain renewable and zero- emission electric energy resources.

PSC-39-16-00024-P ...... exempt The Clean Energy Standard. To promote and maintain renewable and zero- emission electric energy resources.

PSC-39-16-00025-P ...... exempt The Clean Energy Standard. To promote and maintain renewable and zero- emission electric energy resources.

PSC-39-16-00026-P ...... exempt The Clean Energy Standard. To promote and maintain renewable and zero- emission electric energy resources.

PSC-39-16-00027-P ...... exempt The Clean Energy Standard. To promote and maintain renewable and zero- emission electric energy resources.

PSC-39-16-00028-P ...... exempt Consolidated Edison Company of New York, To review Consolidated Edison Company of New Inc.'s replevin acts and practices. 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-40-16-00001-EP ...... exempt Prohibition on enrollments, and de-enrollment To protect low-income residential customers requirements, on energy service companies from unnecessary costs and to conserve low- (ESCOs) regarding low-income customers. income assistance program funds.

PSC-40-16-00003-P ...... exempt Low income program implementation plan filed To establish rates, terms, and conditions for the by New York State Electric and Gas Corp. and Companies' low income utility programs. Rochester Gas & Electric Corp.

PSC-40-16-00004-P ...... exempt Low income program implementation plan filed To establish rates, terms, and conditions for the by KeySpan Gas East Corp. d/b/a National Company's low income utility programs. Grid.

PSC-40-16-00005-P ...... exempt Cost recovery for Non-Wire Alternative (NWA) To consider Central Hudson's proposed Project. revisions regarding the recovery of costs and incentives associated with NWA Project.

PSC-40-16-00006-P ...... exempt Petition to waive the ECAM proration billing To consider the request of Central Hudson to method for SC No. 5 customers. waive the ECAM proration billing method for SC No. 5 customers.

PSC-40-16-00007-P ...... exempt Low income program implementation plan filed To establish rates, terms, and conditions for the by National Fuel Gas Distribution Corporation. Company's low income utility programs.

70 NYS Register/October 12, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION PSC-40-16-00008-P ...... exempt Low income program implementation plan filed To establish rates, terms, and conditions for the by Consolidated Edison Company of New Company's low income utility programs. York, Inc.

PSC-40-16-00009-P ...... exempt Low income program implementation plan filed To establish rates, terms, and conditions for the by Niagara Mohawk Power Corporation. Company's low income utility programs.

PSC-40-16-00010-P ...... exempt Low income program implementation plan filed To establish rates, terms, and conditions for the by Orange and Rockland Utilities, Inc.. Company's low income utility programs.

PSC-40-16-00011-P ...... exempt Low income program implementation plan filed To establish rates, terms, and conditions for the by the Brooklyn Union Gas Company d/b/a Company's low income utility programs. National Grid NY.

PSC-40-16-00012-P ...... exempt Low income program implementation plan filed To establish rates, terms, and conditions for the by Central Hudson Gas & Electric Corporation. Company's low income utility programs.

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-40-16-00016-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent to submeter electricity at 301 East 50th Street, New York, New York.

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

PSC-40-16-00022-P ...... exempt The addition of LED lighting options to SC No. To consider the addition of LED lighting options 4 - Off-Street Lighting and SC No. 5 - for Jamestown's street and off-street lighting Municipal Street Lighting Service. service classifications.

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-40-16-00024-P ...... exempt Tariff revisions regarding National Grid's LED To consider National Grid's proposed revisions lighting option wattages. updating its LED lighting option wattages in its street lighting tariff.

71 Action Pending Index NYS Register/October 12, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION 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-40-16-00027-P ...... exempt Consequences pursuant to the Commission's To consider whether to impose consequences Uniform Business Practices (UBP). on Marathon for its apparent non-compliance with Commission requirements.

PSC-40-16-00028-P ...... exempt Consequences pursuant to the Commission's To consider whether to impose consequences Uniform Business Practices (UBP). on ABC for its apparent non-compliance with Commission requirements.

PSC-41-16-00015-P ...... exempt To consider proposed amendments to the To modify the Transition Plan in response to original criteria to grandfathering established in new and unanticipated conditions the Transition Plan

PSC-41-16-00016-P ...... exempt Proposed revision to Rule 25.5 - Meter To consider a revision to Rule 25.5 regarding Reading (Rule 25.5) the costs for telephone circuits for distributed generation projects

PSC-41-16-00017-P ...... exempt Utility tariffs to implement the Clean Energy To promote and maintain renewable and zero- Standard emission electric energy resources

PSC-41-16-00018-P ...... exempt Rider T - Commercial Demand Response To consider modifications to Rider T regarding Programs (Rider T) its Commercial System Relief Program and Distribution Load Relief Program

ROCHESTER-GENESEE REGIONAL TRANSPORTATION AUTHORITY

RGT-04-16-00002-P ...... 01/26/17 Identifies prohibited conduct, consequences of To provide rules governing prohibited conduct to prohibited conduct, and the available appeals enhance the safety of the public using RGRTA's process transportation services

STATE, DEPARTMENT OF

DOS-39-16-00005-P ...... 09/28/17 Requirements regarding brokers receiving To provide clarity regarding brokers obligations funds, course subjects and hours, and when receiving compensation, instruction business cards requirements, and business cards

DOS-40-16-00029-EP ...... 11/21/17 Signs on buildings utilizing truss type, pre- To update references engineered wood or timber construction

STATE UNIVERSITY OF NEW YORK

SUN-37-16-00006-P ...... 09/14/17 StateUniversity of New York's Patents and Model best practices in the areas of innovation Inventions Policy & technology transfer & comply with federal law re: intellectual property rights

TAXATION AND FINANCE, DEPARTMENT OF

TAF-34-16-00023-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 October administered therewith 1, 2016 through December 31, 2016

72 NYS Register/October 12, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

TEMPORARY AND DISABILITY ASSISTANCE, OFFICE OF

TDA-46-15-00005-P ...... 11/17/16 Storage of furniture and personal belongings Provide clarification regarding allowances for the storage of furniture and personal belongings

TDA-36-16-00006-P ...... 09/07/17 Supplemental Nutrition Assistance Program Update State regulations to reflect federal (SNAP) requirements regarding the trafficking of SNAP benefits

TDA-37-16-00001-P ...... 09/14/17 Child Support To help ensure the State's compliance with federal rules for safeguarding confidential information, disclosing said information, where appropriate, to authorized persons and entities; and report delinquent child support payors to credit reporting agencies

TDA-37-16-00004-P ...... 09/14/17 Public Assistance (PA) Use of Resources - To update current PA resource exemptions General Policy related to automobiles

TDA-39-16-00006-P ...... 09/28/17 Operational Plans for Uncertified Shelters for See attached the Homeless

TDA-39-16-00010-EP ...... 09/28/17 Standard Utility Allowances (SUAs) for the These regulatory amendments set forth the Supplemental Nutrition Assistance Program federally mandated and approved SUAs as of (SNAP) 10/1/16

TRANSPORTATION, DEPARTMENT OF

TRN-41-16-00001-P ...... 10/12/17 Provisions applicable to administrative hearings Update of rules applicable to administrative in Office of Proceedings hearings and repeal of obsolete provisions in Part 558

TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY

TBA-08-16-00005-P ...... 02/23/17 Proposal to strengthen toll violation To deter toll evasion enforcement on TBTA bridges and tunnels

WORKERS’ COMPENSATION BOARD

WCB-45-15-00019-P ...... 11/09/16 Stipulations To streamline the process for parties to enter into stipulations in workers' compensation proceedings

WCB-45-15-00025-P ...... 11/09/16 Medical Treatment Guideline variances Permit the Chair to require submission of variance requests via an electronic medical portal

WCB-45-15-00026-P ...... 11/09/16 Medical Authorizations Permit the Chair to require submission of medical authorization requests via an electronic medical portal

WCB-45-15-00027-P ...... 11/09/16 Medical Treatment Guideline optional prior Change the time to respond from business days approval to calendar days

ADVERTISEMENTS FOR BIDDERS/CONTRACTORS SEALED BIDS $50,000 for E. The requirement for Labor and Material and Perfor- mance Bonds may be waived on a bid under $200,000 on a single trade project. NOTICE TO BIDDERS Pursuant to State Finance Law § 139-j and § 139-k, this solicitation Department of Corrections and Community Supervision includes and imposes certain restrictions on communications between Farm Land Availability Notice OGS D&C and a bidder during the procurement process. A bidder is restricted from making contacts from the earliest notice of intent to The Department of Corrections and Community Supervision solicit offers through final award and approval of the Procurement (DOCCS) is advertising the availability of farm/cropland for agricul- Contract by OGS D&C and Office of the State Comptroller (“restricted tural leases at the following Correctional Facilities (CF): period”) to other than designated staff unless it is a contact that is included among certain statutory exceptions set forth in State Finance Clinton CF, Clinton County - 57± acres Law § 139-j(3)(a). Designated staff are Frank Peris and Carl Ruppert Greene CF, Greene County - 165± acres in the Division of Contract Management, telephone (518) 474-0203, Eastern CF, Ulster County - 315± acres fax (518) 473-7862 and John Lewyckyj, Deputy Director, Design & Eastern Colony CF, Ulster County - 106± acres Construction Group, telephone (518) 474-0201, fax (518) 486-1650. Green Haven CF, Dutchess County - 275± acres OGS D&C employees are also required to obtain certain information when contacted during the restricted period and make a determination Washington CF, Washington County - 201± acres of the responsibility of the bidder pursuant to these two statutes. Bidders may view the farm/cropland on either October 19, 2016 or Certain findings of non-responsibility can result in rejection for October 20, 2016 at 9 a.m. Interested bidders should contact DOCCS contract award and in the event of two findings within a 4 year period, by noon on October 17, 2016 at (518) 436-7886, Ext. 3150, to pre- the bidder is debarred from obtaining governmental Procurement register for the land inspections and for further information regarding Contracts. Bidders responding to this Advertisement must familiarize the inspections. themselves with the new Legislative and State Finance Law require- To request a Bid Package, please contact the Legal Services at the ments and will be expected to affirm that they understand and agree to Office of General Services at (518) 474-8831. comply on the bid form. Further information about these requirements All listed acreage at each Correctional Facility will be leased to the can be found within the project manual or at: http://ogs.ny.gov/ successful bidder for that Facility. Bids for individual fields will not aboutogs/regulations/defaultAdvisoryCouncil.asp. be accepted. As a condition of award, within 48 hours of receipt of the proposed Sealed proposals must be received at the following address no later Contract Agreement from the State, the low bidder shall return the than 2:00 PM on November 1, 2016. DOCCS Farm Lease Proposal, Contract Agreement to the State, properly executed, along with the c/o Office of General Services, Legal Services, 41st Fl., Corning Bonds if required by said Agreement. Low bidders who cannot meet Tower, Empire State Plaza, Albany, NY 12242. these provisions may be subject to disqualification and forfeiture of the bid security. REBUILD The State intends to expedite award of this Contract and the DIRECTOR’S CABIN/BATH HOUSE Contractor shall be prepared to proceed with the Work accordingly. Harriman State Park Bidders are warned that time is of the essence of the Contract and Bear Mountain, Orange County completion of the Work must be within 319 days after the Agreement is approved by the Comptroller. Due to the tightness of the construc- Sealed bids for Project Nos. M3051-C, M3051-P, M3051-E, tion schedule, bidders should consider the necessity for an increased comprising separate contracts for Construction Work, Plumbing work force and shift operations. Work, and Electrical Work, Rebuild Director’s Cabin and Bath House, The only time prospective bidders will be allowed to visit the job Harriman State Park, Bear Mountain, (Orange County), NY, will be site to take field measurements and examine existing conditions of the received by the Office of General Services (OGS), Design & Construc- project area will be at 10:00 a.m. on October 6, 2016 at Harriman tion Group (D&C), Division of Contract Management, 35th Fl., Corn- State Park Group Camp Office, 2216 Seven Lakes Drive, Tuxedo ing Tower, Empire State Plaza, Albany, NY 12242, on behalf of the Park, Tuxedo, NY. Prospective bidders are urged to visit the site at Office of Parks and Recreation, until 2:00 p.m. on Wednesday, this time. Prospective bidders or their representatives attending the October 26, 2016, when they will be publicly opened and read. Each pre-bid site visit will not be admitted on facility grounds without bid must be prepared and submitted in accordance with the Instruc- proper photo identification. Note that parking restrictions and security tions to Bidders and must be accompanied by a certified check, bank provisions will apply and all vehicles will be subject to search. check, or bid bond in the amount of $24,800 for C, $11,800 for P, and For assistance pertaining to the site visit only, please phone Robin $3,000 for E. Griffiths (845) 365-0730 Ext. 101. All successful bidders on a multiple trade project or the successful It is the policy of the State and the Office of General Services to bidder with a bid over $200,000 on a single trade project, will be encourage meaningful minority- and women-owned business enter- required to furnish a Performance Bond and a Labor and Material prise participation in this project by contractors, subcontractors and Bond in the statutory form of public bonds required by Sections 136 suppliers under the Contract, and all bidders are expected to cooperate and 137 of the State Finance Law, each for 100% of the amount of the in implementing this policy. OGS hereby establishes an overall goal Contract estimated to be between $500,000 and $1,000,000 for C, be- of 30% for MWBE participation, 15% for Minority-Owned Business tween $100,000 and $250,000 for P, and between $25,000 and Enterprises (“MBE”) participation and 15% for Women-Owned Busi-

75 Advertisements for Bidders/Contractors NYS Register/October 12, 2016 ness Enterprises (“WBE”) participation (based on the current availability of qualified MBEs and WBEs) for Construction and Plumbing. The total contract goal can be obtained by utilizing any combination of MBE and /or WBE participation for subcontracting and supplies acquired under this Contract. The Office of General Services reserves the right to reject any or all bids. The Bidding and Contract Documents for this Project are available on compact disc (CD) only, and may be obtained for an $8.00 deposit per set, plus a $2.00 per set shipping and handling fee. Contractors and other interested parties can order CD’s on-line through a secure web interface available 24 hours a day, 7 days a week. Please use the following link at the OGS website for ordering and payment instructions: http://www.ogs.ny.gov/bu/dc/esb/acquirebid.asp. For questions about purchase of bid documents, please send an e-mail to [email protected], or call 1-877-647-7526. For additional information on this project, please use the link below and then click on the project number: https://online.ogs.ny.gov/dnc/ contractorConsultant/esb/ESBPlansAvailableIndex.asp.

By John D. Lewyckyj, Deputy Director OGS - Design & Construction Group

76 MISCELLANEOUS NOTICES/HEARINGS Notice of Abandoned Property PUBLIC NOTICE Received by the State Comptroller Department of State Pursuant to provisions of the Abandoned Property Law and related F-2016-0472; F-2016-0473; and F-2016-0474 laws, the Office of the State Comptroller receives unclaimed monies Date of Issuance – October 12, 2016 and other property deemed abandoned. A list of the names and last The New York State Department of State (DOS) is required by known addresses of the entitled owners of this abandoned property is Federal regulations to provide timely public notice for the activities maintained by the office in accordance with Section 1401 of the described below, which are subject to the consistency provisions of Abandoned Property Law. Interested parties may inquire if they ap- the Federal Coastal Zone Management Act of 1972, as amended. pear on the Abandoned Property Listing by contacting the Office of Unclaimed Funds, Monday through Friday from 8:00 a.m. to 4:30 The applicant has certified that the proposed activities comply with p.m., at: and will be conducted in a manner consistent to the maximum extent 1-800-221-9311 practicable with the federally approved New York State Coastal or visit our web site at: Management Program (NYSCMP). The applicant's consistency certi- www.osc.state.ny.us fication and accompanying public information and data are available Claims for abandoned property must be filed with the New York for inspection at the New York State Department of State offices lo- State Comptroller's Office of Unclaimed Funds as provided in Sec- cated at One Commerce Plaza, 99 Washington Avenue, in Albany, tion 1406 of the Abandoned Property Law. For further information New York. contact: Office of the State Comptroller, Office of Unclaimed Funds, In F-2016-0472-0474, or the “New York City Citywide Ferry Ser- 110 State St., Albany, NY 12236. vice – 2017 Routes”, the applicant, New York City Economic Development Corporation (NYCEDC or EDC) is proposing to carry out construction of several new ferry landing facilities and/or upgrades PUBLIC NOTICE to existing ferry landing facilities at the following locations and routes: Power Authority of the State of New York Notice of Public Forum on Westchester County and New York D Rockaway Route – City Governmental Customers Rate Increase o Beach 108th Street, Rockaway, Queens Pursuant to the Authority’s Policy and Procedures concerning Pub- D Astoria Route lic Forums on Rate Proposals, the Authority will conduct a Public o Hallets Cove, Astoria, Queens Forum to obtain the views of interested persons on a proposed increase o East Side of Roosevelt Island, Manhattan in the Production Rates for its Westchester County Governmental o Gantry State Park, Center Boulevard, Queens Customers and the Fixed Costs component of its New York City Governmental Customers production rates. Details of the Forum are D South Brooklyn Route – as follows: o American Veterans Memorial Pier, 69th Street, Bay Ridge, Brooklyn Date: November 17, 2016 o Atlantic Basin, Red Hook, Brooklyn Time: 11:00 a.m. to 3:00 p.m. o Brooklyn Bridge Park, Pier 6, Atlantic Avenue, Brooklyn Location: New York Power Authority (Jaguar The proposed Citywide Ferry Service (CFS) would expand the Room) existing East River Ferry (ERF), a privately operated commuter and 123 Main Street recreational transit service paid for by the City of New York and White Plains, NY 10601 NYCEDC and managed by EDC. The proposed new routes (three by 2017 and two additional by 2018) are anticipated to ensure the conti- Interested parties may receive the complete text of the proposed nuity of the East River Ferry service and create a unified system. rate action and the relevant resolutions of the Authority’s Board of The CFS would include 21 new landings, requiring construction of Trustees from the Corporate Secretary of the Authority at the address 10 new ferry landings, upgrades to five existing landings, and the use and phone number below. of six existing landings. Upgrades to existing landings would be Individuals and organizations wishing to make statements at the intended to increase capacity for ferry landings and/or accommodate Public Forum are encouraged to notify the Corporate Secretary of additional passenger circulation. The majority of new landings would their intent to do so at least five days before the Forum and should feature a barge (35 x90) that would be connected to shore by a provide the Authority with two copies of any written statements gangway in order to accommodate passenger queuing and shelter, a concerning the proposal at the Forum. All written statements will be ticket machine, and information kiosk, lighting, and static or digital made part of the record of the Forum whether or not presented orally signage. All landings would be constructed to be ADA compliant and in their entirety. would install berthing infrastructure in accordance with best practices For further information about the rate increase proposal or the for maximum safety. Forum, contact: Karen Delince, Corporate Secretary, New York Additional project information and reports may be referenced on Power Authority, 123 Main St., 11P, White Plains, NY 10601, Phone: line at http://www.nycedc.com/resource/citywide-ferry-study-2013. (914) 390-8085, Fax: (914) 390-8040, E-mail: The proposed activities would be undertaken within the New York [email protected] City Waterfront Revitalization Program (WRP) planning area. As the

77 Miscellaneous Notices/Hearings NYS Register/October 12, 2016

WRP is a component of the NYSCMP, activities under federal permit- 4. Project Sponsor and Facility: Elizabethtown Area Water Author- ting authority are also subject to review for their consistency with the ity, Mount Joy Township, Lancaster County, PA. Groundwater with- local program and its specific provisions and policies. drawal of up to 0.106 mgd (30-day average) from Well 3. Any interested parties and/or agencies desiring to express their 5. Project Sponsor and Facility: Elizabethtown Area Water Author- views concerning any of the above proposed activities may do so by ity, Elizabethtown Borough, Lancaster County, PA. Groundwater filing their comments, in writing, no later than 4:30 p.m., 30 days withdrawal of up to 0.130 mgd (30-day average) from Well 4. from the date of publication of this notice or November 11, 2016. 6. Project Sponsor and Facility: Elizabethtown Area Water Author- Comments should be addressed to the Department of State, Office ity, Mount Joy Township, Lancaster County, PA. Groundwater with- of Planning and Development, ATTN: Consistency Review Unit, One drawal of up to 0.187 mgd (30-day average) from Well 8. Commerce Plaza, Suite 1010, 99 Washington Ave., Albany, NY 7. Project Sponsor and Facility: Elizabethtown Area Water Author- 12231, (518) 474-6000; Fax (518) 473-2464. Comments can also be ity, Mount Joy Township, Lancaster County, PA. Groundwater with- submitted electronically via e-mail to: [email protected]. drawal of up to 0.216 mgd (30-day average) from Well 9. This notice is promulgated in accordance with Title 15, Code of Federal Regulations, Part 930. 8. Project Sponsor and Facility: Geisinger Health System, Mahon- ing Township, Montour County, PA. Modification to increase consumptive water use by an additional 0.319 mgd (peak day), for a PUBLIC NOTICE total consumptive water use of up to 0.499 mgd (peak day) (Docket Susquehanna River Basin Commission No. 19910103). Actions Taken at September 8, 2016, Meeting 9. Project Sponsor: Pennsylvania American Water Company. Proj- SUMMARY: As part of its regular business meeting held on ect Facility: Nittany Water System, Walker Township, Centre County, September 8, 2016, in Cooperstown, New York, the Commission took PA. Groundwater withdrawal of up to 0.262 mgd (30-day average) the following actions: 1) approved or tabled the applications of certain from Nittany Well 1. water resources projects; and 2) took additional actions, as set forth in 10. Project Sponsor and Facility: Republic Services of Pennsylva- the Supplementary Information below. nia, LLC, Windsor and Lower Windsor Townships, York County, PA. DATES: The business meeting was held on September 8, 2016. Renewal of groundwater withdrawal of up to 0.350 mgd (30-day aver- Please refer to the notice published in 81 FR 64812, September 21, age) from groundwater remediation wells (Docket No. 19860903). 2016, for additional information on the proposed rulemaking, includ- 11. Project Sponsor and Facility: SWN Production Company, LLC, ing public hearing dates and locations. Comments on the proposed Herrick Township, Bradford County, PA. Groundwater withdrawal of consumptive use mitigation policy may be submitted to the Commis- up to 0.101 mgd (30-day average) from the Fields Supply Well. sion on or before January 6, 2017. ADDRESSES: Comments may be mailed to: Jason E. Oyler, Esq., 12. Project Sponsor and Facility: Talisman Energy USA Inc. General Counsel, Susquehanna River Basin Commission, 4423 N. (Susquehanna River), Sheshequin Township, Bradford County, PA. Front St., Harrisburg, PA 17110-1788, or submitted electronically at Renewal of surface water withdrawal of up to 1.500 mgd (peak day) http://www.srbc.net/pubinfo/publicparticipation/ (Docket No. 20120912). PublicComments.aspx?type=5&cat=20. 13. Project Sponsor and Facility: Transcontinental Gas Pipe Line FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, Company, LLC. Project: Atlantic Sunrise (Chiques Creek), West General Counsel, telephone: (717) 238-0423, ext. 1312; fax: (717) Hempfield Township, Lancaster County, PA. Surface water with- 238-2436; e-mail: [email protected]. Regular mail inquiries may be drawal of up to 2.880 mgd (peak day). sent to the above address. See also Commission website at 14. Project Sponsor and Facility: Transcontinental Gas Pipe Line www.srbc.net. Company, LLC. Project: Atlantic Sunrise (Conestoga River-1), SUPPLEMENTARY INFORMATION: In addition to the actions Conestoga Township, Lancaster County, PA. Surface water with- taken on projects identified in the summary above and the listings drawal of up to 0.360 mgd (peak day). below, the following items were also presented or acted upon at the 15. Project Sponsor and Facility: Transcontinental Gas Pipe Line business meeting: 1) rescission of the Commission’s Information Company, LLC. Project: Atlantic Sunrise (Conestoga River-1), Technology Services Fee; 2) approval/ratification of a contract and Conestoga Township, Lancaster County, PA. Consumptive water use several grants; 3) release of proposed rulemaking to clarify applica- of up to 0.100 mgd (peak day). tion requirements and standards for review of projects, amend the 16. Project Sponsor and Facility: Transcontinental Gas Pipe Line rules dealing with the mitigation of consumptive uses, add a subpart to Company, LLC. Project: Atlantic Sunrise (Conestoga River-2), provide for registration of grandfathered projects, and revise require- Conestoga Township, Lancaster County, PA. Surface water with- ments dealing with hearings and enforcement actions, and release of a drawal of up to 0.360 mgd (peak day). consumptive use mitigation policy; 4) a report on delegated settle- 17. Project Sponsor and Facility: Transcontinental Gas Pipe Line ments with the following project sponsors, pursuant to SRBC Resolu- Company, LLC. Project: Atlantic Sunrise (Conestoga River-2), tion 2014-15: Lackawanna Energy Center, in the amount of $2,000; Conestoga Township, Lancaster County, PA. Consumptive water use and Troy Borough Municipal Authority, in the amount of $5,000.; 5) of up to 0.100 mgd (peak day). approval to extend the term of an emergency certificate with Furman 18. Project Sponsor and Facility: Transcontinental Gas Pipe Line Foods, Inc. to November 30, 2016; and 6) continuance of the Show Company, LLC. Project: Atlantic Sunrise (Deep Creek), Hegins Cause proceeding granted to Montage Mountain Resorts, LP, to the Township, Schuylkill County, PA. Surface water withdrawal of up to December 2016 Commission meeting. 2.880 mgd (peak day). Project Applications Approved: 19. Project Sponsor and Facility: Transcontinental Gas Pipe Line The Commission approved the following project applications: Company, LLC. Project: Atlantic Sunrise (Fishing Creek), Sugarloaf 1. Project Sponsor and Facility: Bloomfield Borough Water Author- Township, Columbia County, PA. Surface water withdrawal of up to ity, Centre Township, Perry County, PA. Groundwater withdrawal of 2.592 mgd (peak day). up to 0.180 mgd (30-day average) from Well 3. 20. Project Sponsor and Facility: Transcontinental Gas Pipe Line 2. Project Sponsor and Facility: Cabot Oil & Gas Corporation Company, LLC. Project: Atlantic Sunrise (Pequea Creek), Martic (Susquehanna River), Great Bend Township, Susquehanna County, Township, Lancaster County, PA. Surface water withdrawal of up to PA. Renewal of surface water withdrawal of up to 2.000 mgd (peak 2.880 mgd (peak day). day) (Docket No. 20120904). 21. Project Sponsor and Facility: Transcontinental Gas Pipe Line 3. Project Sponsor and Facility: Elizabethtown Area Water Author- Company, LLC. Project: Atlantic Sunrise (Roaring Creek), Franklin ity, Elizabethtown Borough, Lancaster County, PA. Groundwater Township, Columbia County, PA. Surface water withdrawal of up to withdrawal of up to 0.201 mgd (30-day average) from Well 1. 2.880 mgd (peak day).

78 NYS Register/October 12, 2016 Miscellaneous Notices/Hearings

22. Project Sponsor and Facility: Transcontinental Gas Pipe Line Regional Boards of Review. Unless otherwise indicated, they involve Company, LLC. Project: Atlantic Sunrise (Susquehanna River), Eaton requests for relief from provisions of the New York State Uniform Township, Wyoming County, PA. Surface water withdrawal of up to Fire Prevention and Building Code. Persons wishing to review any 2.592 mgd (peak day). petitions, provide comments, or receive actual notices of any subse- 23. Project Sponsor and Facility: Transcontinental Gas Pipe Line quent proceeding may contact Brian Tollisen, Building Standards And Company, LLC. Project: Atlantic Sunrise (Susquehanna River), Eaton Codes, Department of State, One Commerce Plaza, 99 Washington Township, Wyoming County, PA. Consumptive water use of up to Ave., Albany, NY 12231, (518) 474-4073 to make appropriate 0.100 mgd (peak day). arrangements. 24. Project Sponsor and Facility: Transcontinental Gas Pipe Line 2016-0253 Matter of Plattsburgh International Airport, 42 Airport Company, LLC. Project: Atlantic Sunrise (Susquehanna River-1), Lane, Plattsburgh, NY attn.: Scott Beverly, GHD Consulting, 301 Montour Township and Catawissa Borough, Columbia County, PA. Plainfield Road, Syracuse, NY. The petitioner requests to appeal the Surface water withdrawal of up to 0.360 mgd (peak day). determination of the Code Official to allow the construction of a can- 25. Project Sponsor and Facility: Transcontinental Gas Pipe Line opy of Type 2B construction that does not provide the pitch required Company, LLC. Project: Atlantic Sunrise (Susquehanna River-1), of roofs as per Chapter 15, Section 1507.13.1 of the Building Code of Montour Township and Catawissa Borough, Columbia County, PA. New York State. The property is located in the City of Plattsburgh, Consumptive water use of up to 0.100 mgd (peak day). County of Clinton, State of New York. 26. Project Sponsor and Facility: Transcontinental Gas Pipe Line Company, LLC. Project: Atlantic Sunrise (Swatara Creek), East Hanover Township, Lebanon County, PA. Surface water withdrawal of up to 2.880 mgd (peak day). Project Applications Tabled: The Commission tabled action on the following project applications: 1. Project Sponsor: Exelon Generation Company, LLC. Project Facility: Muddy Run Pumped Storage Project, Drumore and Martic Townships, Lancaster County, PA. Application for an existing hydroelectric facility. 2. Project Sponsor and Facility: Gilberton Power Company, West Mahanoy Township, Schuylkill County, PA. Application for renewal of consumptive water use of up to 1.510 mgd (peak day) (Docket No. 19851202). 3. Project Sponsor and Facility: Gilberton Power Company, West Mahanoy Township, Schuylkill County, PA. Application for groundwater withdrawal of up to 1.870 mgd (30-day average) from the Gilberton Mine Pool. 4. Project Sponsor and Facility: Manbel Devco I, LP, Manheim Township, Lancaster County, PA. Application for groundwater withdrawal of up to 4.320 mgd (30-day average) from the Belmont Quarry. 5. Project Sponsor and Facility: Transcontinental Gas Pipe Line Company, LLC. Project: Atlantic Sunrise (Susquehanna River-2), Montour Township, Columbia County, PA. Application for surface water withdrawal of up to 2.880 mgd (peak day). 6. Project Sponsor and Facility: Transcontinental Gas Pipe Line Company, LLC. Project: Atlantic Sunrise (Susquehanna River-2), Montour Township, Columbia County, PA. Application for consumptive water use of up to 0.100 mgd (peak day). 7. Project Sponsor and Facility: Village of Windsor, Broome County, NY. Application for groundwater withdrawal of up to 0.380 mgd (30-day average) from Well 2. 8. Project Sponsor and Facility: West Manchester Township Authority, West Manchester Township, York County, PA. Applica- tion for groundwater withdrawal of up to 0.216 mgd (30-day average) from Well 7. Project Application Withdrawn by Project Sponsor: The following project sponsor withdrew its project application: 1. Project Sponsor and Facility: Transcontinental Gas Pipe Line Company, LLC. Project: Atlantic Sunrise (Little Fishing Creek), Mount Pleasant Township, Columbia County, PA. Application for surface water withdrawal of up to 2.880 mgd (peak day). AUTHORITY: Pub. L. 91-575, 84 Stat. 1509 et seq., 18 CFR Parts 806, 807, and 808. Dated: September 27, 2016. Stephanie L. Richardson, Secretary to the Commission.

PUBLIC NOTICE Uniform Code Regional Boards of Review Pursuant to 19 NYCRR 1205, the petitions below have been received by the Department of State for action by the Uniform Code

COURT NOTICES AMENDMENT OF RULE subject of an investigation or a proceeding before the Committee or Supreme Court, Appellate Division, All Departments the Court pursuant to these Rules. (k) Suspension: the imposition of suspension from practice pursu- Part 1240. RULES FOR ATTORNEY DISCIPLINARY MATTERS ant to Judiciary Law § 90(2). (effective October 1, 2016) § 1240.3 Discipline Under These Rules Not Preclusive § 1240.1 Application Discipline pursuant to these Rules shall not bar or preclude further These Rules shall apply to (a) all attorneys who are admitted to or other action by any court, bar association, or other entity with practice in the State of New York; (b) all in-house counsel registered disciplinary authority. in the State of New York; (c) all legal consultants licensed in the State of New York; (d) all attorneys who have an office in, practice in, or § 1240.4 Appointment of Committees seek to practice in the State of New York, including those who are Each Department of the Appellate Division shall appoint such At- engaged in temporary practice pursuant to Part 523 of this Title, who torney Grievance Committee or Committees (hereinafter referred to are admitted pro hac vice, or who otherwise engage in conduct subject as “Committee”) within its jurisdiction as it may deem appropriate. to the New York Rules of Professional Conduct; and (e) the law firms Each Committee shall be comprised of at least 21 members, of which that have as a member, retain, or otherwise employ any person no fewer than 3 members shall be non-lawyers. A lawyer member of a covered by these Rules. Committee shall be appointed to serve as Chairperson. All members § 1240.2 Definitions of the Committee shall reside or maintain an office within the (a) Professional Misconduct Defined. A violation of any of the Rules geographic jurisdiction of the Committee. Two-thirds of the member- of Professional Conduct, as set forth in Part 1200 of this Title, includ- ship of a Committee shall constitute a quorum for the conduct of busi- ing the violation of any rule or announced standard of the Appellate ness; all Committee action shall require the affirmative vote of at Division governing the personal or professional conduct of attorneys, least a majority of the members present. shall constitute professional misconduct within the meaning of Judi- § 1240.5 Committee Counsel and Staff ciary Law § 90(2). Each Department of the Appellate Division shall appoint to a Com- (b) Admonition: discipline issued at the direction of a Committee or mittee or Committees such chief attorneys and other staff as it deems the Court pursuant to these Rules, where the respondent has engaged appropriate. in professional misconduct that does not warrant public discipline by § 1240.6 Conflicts; Disqualifications from Representation the Court. An Admonition shall constitute private discipline, shall be (a) No (1) current member of a Committee, (2) partner, associate in writing, may be delivered to a recipient by personal appearance or member of a law firm associated with a current member of a Com- before the Committee or its Chairperson, and may be considered by a mittee, (3) current member of a Committee’s professional staff, or (4) Committee or the Court in determining the action to be taken or the immediate family member of a current Committee member or Com- discipline to be imposed upon a subsequent finding of misconduct. mittee staff member, may represent a respondent or complainant in a (c) Censure: censure pursuant to Judiciary Law § 90(2). matter investigated or prosecuted before that Committee. (d) Committee: an attorney grievance committee established pursu- (b) No referee appointed to hear and report on the issues raised in ant to these Rules. a proceeding under these Rules may, in the Department in which he or (e) Complainant: a person or entity that submits a complaint to a she was appointed, represent a respondent or complainant until the Committee. expiration of two years from the date of the submission of that refe- (f) Court: the Appellate Division of the Supreme Court of the State ree’s final report. of New York for the Judicial Department having jurisdiction over a (c) No former member of the Committee, or former member of the complaint, investigation, proceeding or person covered by these Rules. Committee’s professional staff, may represent a respondent or (g) Disbar; Disbarment: to remove, or the removal, from office complainant in a matter investigated or prosecuted by that Committee pursuant to Judiciary Law § 90(2). Such terms shall also apply to any until the expiration of two years from that person’s last date of Com- removal based upon a resignation for disciplinary reasons, a felony mittee service. conviction, or the striking of an attorney’s name from the roll of at- (d) No former member of the Committee, or former member of the torneys for any disciplinary reason, as stated in these Rules. Committee’s professional staff, may represent a respondent or (h) Foreign jurisdiction: a legal jurisdiction of a state (other than complainant in any matter in which the Committee member or staff New York State), territory, or district of the United States, and all member participated personally while in the Committee’s service. federal courts of the United States, including those within the State of § 1240.7 Proceedings Before Committees New York. (a) Complaint (i) Letter of Advisement: letter issued at the direction of a Commit- (1) Investigations of professional misconduct may be authorized tee pursuant to section 1240.7(d)(2)(iv) of these Rules, upon a finding upon receipt by a Committee of a written original complaint, signed that the respondent has engaged in conduct requiring comment that, by the complainant, which need not be verified. Investigations may under the facts of the case, does not warrant the imposition of also be authorized by a Committee acting sua sponte. discipline. A Letter of Advisement shall be confidential and shall not (2) The complaint shall be filed initially in the Judicial Depart- constitute discipline, but may be considered by a Committee or the ment encompassing the respondent’s registration address on file with Court in determining the action to be taken or the discipline to be the Office of Court Administration. If that address lies outside New imposed upon a subsequent finding of misconduct. York State, the complaint shall be filed in the Judicial Department in (j) Respondent: a law firm, an attorney or other person that is the which the respondent was admitted to the practice of law or otherwise

81 Court Notices NYS Register/October 12, 2016 professionally licensed in New York State. The Committee or the Court opportunity to appear personally before the Committee, or a subcom- may transfer a complaint or proceeding to another Department or mittee thereof, on such terms as the Committee deems just, to seek Committee as justice may require. reconsideration of the proposed Admonition. (b) Investigation; Disclosure. The Chief Attorney is authorized to: (vi) when the Committee finds that there is probable cause to (1) interview witnesses and obtain any records and other materi- believe that the respondent engaged in professional misconduct war- als and information necessary to determine the validity of a complaint; ranting the imposition of public discipline, and that such discipline is (2) direct the respondent to provide a written response to the appropriate to protect the public, maintain the integrity and honor of complaint, and to appear and produce records before the Chief At- the profession, or deter others from committing similar misconduct, torney or a staff attorney for a formal interview or examination under authorize a formal disciplinary proceeding as set forth in section oath; 1240.8 of these Rules. (3) apply to the Clerk of the Court for a subpoena to compel the (3) As may be permitted by law, the complainant shall be provided attendance of a person as a respondent or witness, or the production with a brief description of the basis of any disposition of a complaint of relevant books and papers, when it appears that the examination of by the Committee. such person or the production of such books and papers is necessary (e) Review. for a proper determination of the validity of a complaint. Subpoenas (1) Letter of Advisement. shall be issued by the Clerk in the name of the Presiding Justice and (i) Within 30 days of the issuance of a Letter of Advisement, the may be made returnable at a time and place specified therein; and respondent may file a written request for reconsideration with the (4) take any other action deemed necessary for the proper dispo- chair of the Committee, with a copy to the Chief Attorney. Oral argu- sition of a complaint. ment of the request shall not be permitted. The Chair shall have the (c) Disclosure. The Chief Attorney shall provide to the respondent a discretion to deny reconsideration, or refer the request to the full copy of any complaint not otherwise disposed of pursuant to section Committee, or a subcommittee thereof, for whatever action it deems 1240.7(d)(1) of these Rules within 60 days of receipt of that complaint. appropriate. Prior to the taking of any action against a respondent pursuant to sec- (ii) Within 30 days of the final determination denying a request tions 1240.7(d)(2)(iv), (v) or (vi) of these Rules, the Chief Attorney for reconsideration, the respondent may seek review of a Letter of Ad- shall provide the respondent with the opportunity to review all written visement by submitting an application to the Court, on notice to the statements and other documents that form the basis of the proposed Committee, upon a showing that the issuance of the letter was in viola- Committee action, excepting material that is attorney work product or tion of a fundamental constitutional right. The respondent has the otherwise deemed privileged by statute or case law, and materials burden of establishing a violation of such a right. previously provided to the Committee by the respondent. (2) Admonition. Within 30 days of the issuance of an Admonition, (d) Disposition. the respondent may make an application to the Court, on notice to the (1) Disposition by the Chief Attorney. Committee, to vacate the Admonition. Upon such application and the (i) The Chief Attorney may, after initial screening, decline to Committee’s response, if any, the Court may consider the entire rec- investigate a complaint for reasons including but not limited to the ord and take whatever action it deems appropriate. following: (A) the matter involves a person or conduct not covered by (3) Review of Dismissal or Declination to Investigate. Within 30 these Rules; (B) the allegations, if true, would not constitute profes- days of the issuance of notice to a complainant of a Chief Attorney’s sional misconduct; (C) the complaint seeks a legal remedy more ap- decision declining to investigate a complaint, or of a Committee’s dis- propriately obtained in another forum; or (D) the allegations are in- missal of a complaint, the complainant may submit a written request tertwined with another pending legal action or proceeding. The for reconsideration to the chair of the Committee. Oral argument of complainant shall be provided with a brief description of the basis of the request shall not be permitted. The Chair shall have the discretion any disposition of a complaint by the Chief Attorney. to grant or deny reconsideration, or refer the request to the full Com- (ii) The Chief Attorney may, when it appears that a complaint mittee, or a subcommittee thereof, for whatever action it deems involves a fee dispute, a matter suitable for mediation, or a matter appropriate. suitable for review by a bar association grievance committee, refer (4) As permitted by law, a respondent or complainant who has the complaint to a suitable alternative forum upon notice to the re- submitted a request for review pursuant to this section shall be spondent and the complainant. provided with a brief description of the basis for the determination of (2) Disposition by the Committee. After investigation of a com- such request. In the event that such review results in a change in the plaint, with such appearances as the Committee may direct, a Com- outcome of a determination, any respondent or complainant adversely mittee may take one or more of the following actions: affected thereby shall be provided with a brief description of the basis (i) dismiss the complaint by letter to the complainant and to the for the determination. respondent; § 1240.8 Proceedings in the Appellate Division (ii) when it appears that a complaint involves a fee dispute, a (a) Procedure for formal disciplinary proceedings in the Appellate matter suitable for mediation, or a matter suitable for review by a bar Division. association grievance committee, refer the complaint to a suitable (1) Formal disciplinary proceedings shall be deemed special alternative forum upon notice to the respondent and the complainant; proceedings within the meaning of CPLR Article 4, and shall be (iii) make an application for diversion pursuant to section conducted in a manner consistent with the rules of the Court, the rules 1240.11 of these Rules; and procedures set forth in this Part, and the requirements of Judi- (iv) when the Committee finds that the respondent has engaged ciary Law § 90. Unless otherwise directed by the Court, there shall be in conduct requiring comment that, under the facts of the case, does (i) a notice of petition and petition, which the Committee shall serve not warrant imposition of discipline, issue a Letter of Advisement to upon the respondent in a manner consistent with Judiciary Law the respondent; § 90(6), and which shall be returnable on no less than 20 days’ no- (v) when the Committee finds, by a fair preponderance of the tice; (ii) an answer; and (iii) a reply if appropriate. Except upon evidence, that the respondent has engaged in professional misconduct, consent of the parties or by leave of the Court or referee, no other but that public discipline is not required to protect the public, maintain pleadings or amendment or supplement of pleadings shall be the integrity and honor of the profession, or deter the commission of permitted. All pleadings shall be filed with the Court. The Court shall similar misconduct, issue a written Admonition to the respondent, permit or require such appearances as it deems necessary in each which shall clearly state the facts forming the basis for such finding, case. and the specific rule or other announced standard that was violated. (2) Statement of Disputed Facts. Within 20 days after service of Prior to the imposition of an Admonition, the Committee shall give the the answer or, if applicable, a reply, the Committee shall file with the respondent 20 days’ notice by mail of the Committee’s proposed ac- Court a statement of facts that identifies those allegations that the tion and shall, at the respondent’s request, provide the respondent an Committee contends are undisputed and those allegations that the

82 NYS Register/October 12, 2016 Court Notices party contends are disputed and for which a hearing is necessary. may grant requests for additional disclosure as justice may require. Within 20 days following submission by the Committee, the respon- Unless otherwise directed by the Court, the referee shall complete the dent shall respond to the Committee’s statement and, if appropriate, hearing within 60 days following the date of the entry of the order of set forth respondent’s statement of facts identifying those allegations reference, and shall, following post-hearing submissions, file with the that the respondent contends are undisputed and those allegations Court a written report setting forth the referee’s findings and that the respondent contends are disputed and for which a hearing is recommendations. Formal disciplinary charges may be sustained necessary. In the alternative, within 30 days after service of the answer when the referee finds, by a fair preponderance of the evidence, each or, if applicable, a reply, the parties may (i) file a joint statement essential element of the charge. The parties may make such motions to advising the Court that the pleadings raise no issue of fact requiring a affirm or disaffirm the referee’s report as permitted by the Court. hearing, or (ii) file a joint stipulation of disputed and undisputed facts. (2) Discipline. In presenting arguments on the issue of appropri- (3) Disclosure Concerning Disputed Facts. Except as otherwise ate discipline for misconduct, the parties may cite any relevant factor, ordered by the Court, a party must, no later than 14 days after filing a including but not limited to the nature of the misconduct, aggravating statement of facts with the Court as required by section 1240.8(a)(2) of these Rules, provide to any other party disclosure concerning the and mitigating circumstances, the parties’ contentions regarding the allegations that the party contends are disputed. The disclosure shall appropriate sanction under the American Bar Association’s Stan- identify the following: dards for Imposing Lawyer Sanctions, and applicable case law and precedent. Upon a finding that any person covered by these Rules has (i) the name of each individual likely to have relevant and committed professional misconduct, the Court may impose discipline discoverable information that the disclosing party may use to support or take other action that is authorized by law and, in the discretion of or contest the disputed allegation and a general description of the in- the Court, is appropriate to protect the public, maintain the honor and formation likely possessed by that individual; and integrity of the profession, or deter others from committing similar (ii) a copy of each document that the disclosing party has in its misconduct. possession or control that the party may use to support or contest the (c) Applications and Motions to the Appellate Division allegation, unless copying such documents would be unduly burden- some or expensive, in which case the disclosing party may provide a Unless otherwise specified by these Rules, applications and mo- description of the documents by category and location, together with tions shall be made in accordance with the rules of the Court in which an opportunity to inspect and copy such documents. the proceeding is pending. (4) Subpoenas. Upon application by the Committee or the re- § 1240.9 Interim Suspension While Investigation or Proceeding is spondent, the Clerk of the Court may issue subpoenas for the atten- Pending dance of witnesses and the production of books and papers before (a) A respondent may be suspended from practice on an interim Court or the referee designated by the Court to conduct a hearing on basis during the pendency of an investigation or proceeding on ap- the issues raised in the proceeding, at a time and place therein plication or motion of a Committee, following personal service upon specified. When there is good cause to believe that a potential witness the respondent, or by substitute service in a manner approved by the will be unavailable at the time of a hearing, the testimony of that wit- Presiding Justice, and upon a finding by the Court that the respondent ness may be initiated and conducted, and used at the hearing, in a has engaged in conduct immediately threatening the public interest. manner provided by Article 31 of the New York Civil Practice Law Such a finding may be based upon: (1) the respondent’s default in and Rules. responding to a petition, notice to appear for formal interview, exam- (5) Discipline by Consent. ination, or pursuant to subpoena under these Rules; (2) the respondent’s admission under oath to the commission of professional (i) At any time after the filing of the petition with proof of ser- misconduct; (3) the respondent’s failure to comply with a lawful vice, the parties may file a joint motion with the Court requesting the demand of the Court or a Committee in an investigation or proceed- imposition of discipline by consent. The joint motion shall include: ing under these Rules; (4) the respondent’s willful failure or refusal to (A) a stipulation of facts; pay money owed to a client, which debt is demonstrated by an admis- (B) the respondent’s conditional admission of the acts of sion, judgment, or other clear and convincing evidence; or (5) other professional misconduct and the specific rules or standards of conduct uncontroverted evidence of professional misconduct. violated; (b) An application for suspension pursuant to this rule may provide (C) any relevant aggravating and mitigating factors, includ- notice that a respondent who is suspended under this rule and who ing the respondent’s prior disciplinary record; and has failed to respond to or appear for further investigatory or (D) the agreed upon discipline to be imposed, which may disciplinary proceedings within six months from the date of the order include monetary restitution authorized by Judiciary Law § 90(6-a). of suspension may be disbarred by the Court without further notice. (ii) The joint motion shall be accompanied by an affidavit of (c) Any order of interim suspension entered by the Court shall set the respondent acknowledging that the respondent: forth the basis for the suspension and provide the respondent with an (A) conditionally admits the facts set forth in the stipulation opportunity for a post-suspension hearing. of facts; (d) An order of interim suspension together with any decision is- (B) consents to the agreed upon discipline; sued pursuant to this subdivision shall be deemed a public record. The (C) gives the consent freely and voluntarily without coercion papers upon which any such order is based shall be deemed confiden- or duress; and tial pursuant to Judiciary Law § 90(10). (D) is fully aware of the consequences of consenting to such § 1240.10 Resignation While Investigation or Proceeding is Pend- discipline. ing (iii) Notice of the joint motion, without its supporting papers, (a) A respondent may apply to resign by submitting to a Court an shall be served upon the referee, if one has been appointed, and all application in the form in Appendix A to these Rules, with proof of proceedings shall be stayed pending the Court’s determination of the service on the Committee, setting forth the specific nature of the motion. If the motion is granted, the Court shall issue a decision charges or the allegations under investigation and attesting that: imposing discipline upon the respondent based on the stipulated facts (1) the proposed resignation is rendered voluntarily, without co- and as agreed upon in the joint motion. If the motion is denied, the ercion or duress, and with full awareness of the consequences, and conditional admissions shall be deemed withdrawn and shall not be that the Court’s approval of the application shall result in the entry of used against the respondent or the Committee in the pending an order disbarring the respondent; and proceeding. (2) the respondent cannot successfully defend against the charges (b) Disposition by Appellate Division. or allegations of misconduct. (1) Hearing. Upon application of any party, or on its own motion, (b) When the investigation or proceeding includes allegations that the Court may refer a formal disciplinary proceeding to a referee for the respondent has willfully misappropriated or misapplied money or a hearing on any issue that the Court deems appropriate. The referee property in the practice of law, the respondent in the application shall:

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(1) identify the person or persons whose money or property was mitted a felony within the meaning of Judiciary Law § 90(4)(e), the willfully misappropriated or misapplied; Court shall strike the respondent’s name from the roll of attorneys. (2) specify the value of such money or property; and (2) Upon the Court’s determination that the respondent has com- (3) consent to the entry of an order requiring the respondent to mitted a serious crime within the meaning of Judiciary Law § 90(4)(d), make monetary restitution pursuant to Judiciary Law § 90(6-a). (i) the Court may direct that the respondent show cause why a (c) Upon receipt of an application for resignation, and after afford- final order of suspension, censure or disbarment should not be made; ing the Committee an opportunity to respond, the Court may accept and the resignation and remove the respondent from office by order of (ii) the Court may suspend the respondent pending final dispo- disbarment pursuant to Judiciary Law § 90(2). sition unless such a suspension would be inconsistent with the mainte- § 1240.11 Diversion to a Monitoring Program nance of the integrity and honor of the profession, the protection of (a) When in defense or as a mitigating factor in an investigation or the public and the interest of justice; and formal disciplinary charges, the respondent raises a claim of impair- (iii) the Court, upon the request of the respondent, shall refer ment based on alcohol or substance abuse, or other mental or physi- the matter to a referee or judge appointed by the Court for hearing, cal health issues, the Court, upon application of any person or on its report and recommendation; and own motion, may stay the investigation or proceeding and direct the (iv) the Court, upon the request of the Committee or upon its respondent to complete an appropriate treatment and monitoring own motion, may refer the matter to a referee or judge appointed by program approved by the Court. In making such a determination, the the Court for hearing, report and recommendation; and Court shall consider: (v) after the respondent has been afforded an opportunity to be (1) the nature of the alleged misconduct; heard, including any appearances that the Court may direct, the Court (2) whether the alleged misconduct occurred during a time pe- shall impose such discipline as it deems proper under the riod when the respondent suffered from the claimed impairment; and circumstances. (3) whether diverting the respondent to a monitoring program is (3) Upon the Court’s determination that the respondent has com- in the public interest. mitted a crime not constituting a felony or serious crime, it may remit (b) Upon submission of written proof of successful completion of the matter to the Committee to take any action it deems appropriate the monitoring program, the Court may direct the discontinuance or pursuant to section 1240.7 of these Rules, or direct the commence- resumption of the investigation, charges or proceeding, or take other ment of a formal proceeding pursuant to section 1240.8 of these Rules. appropriate action. In the event the respondent fails to comply with (d) A certificate of the conviction of a respondent for any crime the terms of a Court-ordered monitoring program, or the respondent shall be conclusive evidence of the respondent’s guilt of that crime in commits additional misconduct during the pendency of the investiga- any disciplinary proceeding instituted against the respondent based tion or proceeding, the Court may, after affording the parties an op- on the conviction. portunity to be heard, rescind the order of diversion and direct (e) Applications for reinstatement or to modify or vacate any order resumption of the disciplinary charges or investigation. issued pursuant to this section shall be made pursuant to section (c) All aspects of a diversion application or a respondent’s 1240.16 of these Rules. participation in a monitoring program pursuant to this rule and any § 1240.13 Discipline for Misconduct in a Foreign Jurisdiction records related thereto are confidential or privileged pursuant to Ju- (a) Upon application by a Committee containing proof that a person diciary Law §§ 90(10) and 499. or firm covered by these Rules has been disciplined by a foreign juris- (d) Any costs associated with a respondent’s participation in a mon- diction, the Court shall direct that person or firm to demonstrate, on itoring program pursuant to this section shall be the responsibility of terms it deems just, why discipline should not be imposed in New York the respondent. for the underlying misconduct. § 1240.12 Attorneys Convicted of a Crime (b) The respondent may file an affidavit stating defenses to the (a) An attorney to whom the rules of this Part shall apply who has imposition of discipline and raising any mitigating factors. Any or all been found guilty of any crime in a court of the United States or any of the following defenses may be raised: state, territory or district thereof, whether by plea of guilty or nolo (1) that the procedure in the foreign jurisdiction was so lacking contendere, or by verdict following trial, shall, within 30 days thereof in notice or opportunity to be heard as to constitute a deprivation of notify the Committee having jurisdiction pursuant to section due process; or 1240.7(a)(2) of these Rules of the fact of such finding. Such notifica- (2) that there was such an infirmity of proof establishing the tion shall be in writing and shall be accompanied by a copy of any misconduct as to give rise to the clear conviction that the Court could judgment, order or certificate of conviction memorializing such find- not, consistent with its duties, accept as final the finding in the foreign ing of guilt. The attorney shall thereafter provide the Committee with jurisdiction as to the respondent’s misconduct; or any further documentation, transcripts or other materials the Com- (3) that the misconduct for which the respondent was disciplined mittee shall deem necessary to further its investigation. The obliga- in the foreign jurisdiction does not constitute misconduct in New York. tions imposed by this rule shall neither negate nor supersede the (c) After the respondent has had an opportunity to be heard, and obligations set forth in Judiciary Law § 90(4)(c). upon review of the order entered by the foreign jurisdiction, and the (b) Upon receipt of proof that an attorney has been found guilty of record of the proceeding in that jurisdiction, if such record or part any crime described in subdivision (a) of this section, the Committee thereof is submitted by a party and deemed relevant by the Court, the shall investigate the matter and proceed as follows: Court may discipline the respondent for the misconduct committed in (1) If the Committee concludes that the crime in question is not a the foreign jurisdiction unless it finds that the procedure in the foreign felony or serious crime, it may take any action it deems appropriate jurisdiction deprived the respondent of due process of law, that there pursuant to section 1240.7 of these Rules. was insufficient proof that the respondent committed the misconduct, (2) If the Committee concludes that the crime in question is a or that the imposition of discipline would be unjust. felony or serious crime as those terms are defined in Judiciary Law (d) Any person or firm to whom these Rules shall apply who has § 90(4), it shall promptly apply to the Court for an order (i) striking been disciplined in a foreign jurisdiction shall, within 30 days after the respondent’s name from the roll of attorneys; or (ii) suspending such discipline is imposed, advise the appropriate Court (as described the respondent pending further proceedings pursuant to these Rules in section 1240.7(a)(2) of these Rules) and Committee of such and issuance of a final order of disposition. discipline. Such notification shall be in writing and shall be ac- (c) Upon application by the Committee, and after the respondent companied by any judgment, order or certificate memorializing the has been afforded an opportunity to be heard on the application, discipline imposed. The person or firm shall thereafter provide the including any appearances that the Court may direct, the Court shall Committee with any further documentation, transcripts or other proceed as follows: materials the Committee shall deem necessary to further its (1) Upon the Court’s determination that the respondent has com- investigation.

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§ 1240.14 Attorney Incapacity (g) Compensation. A respondent who has been disbarred or (a) Upon application by a Committee that includes proof of a suspended from the practice of law may not share in any fee for legal judicial determination that a respondent is in need of involuntary care services rendered by another attorney during the period of disbar- or treatment in a facility for the mentally disabled, or is the subject of ment or suspension but may be compensated on a quantum meruit an order of incapacity, retention, commitment or treatment pursuant basis for services rendered prior to the effective date of the disbar- to the Mental Hygiene Law, the Court may enter an order immediately ment or suspension. On motion of the respondent, with notice to the suspending the respondent from the practice of law. The Committee respondent’s client, the amount and manner of compensation shall be shall serve a copy of the order upon the respondent, a guardian ap- determined by the court or agency where the action is pending or, if pointed on behalf of the respondent or upon the director of the ap- an action has not been commenced, at a special term of the Supreme propriate facility, as directed by the Court. Court in the county where the respondent maintained an office. The (b) At any time during the pendency of a disciplinary proceeding or total amount of the legal fee shall not exceed the amount that the cli- an investigation conducted pursuant to these Rules, the Committee, or ent would have owed if no substitution of counsel had been required. the respondent, may apply to the Court for a determination that the (h) Required Records. A respondent who has been disbarred or respondent is incapacitated from practicing law by reason of mental suspended from the practice of law shall keep and maintain records of disability or condition, alcohol or substance abuse, or any other the respondent’s compliance with this rule so that, upon any subse- condition that renders the respondent incapacitated from practicing quent proceeding instituted by or against the respondent, proof of law. Applications by respondents shall include medical proof demon- compliance with this rule and with the disbarment or suspension or- strating incapacity. The Court may appoint a medical expert to exam- der or with the order accepting resignation will be available. ine the respondent and render a report. When the Court finds that a § 1240.16 Reinstatement of Disbarred or Suspended Attorneys respondent is incapacitated from practicing law, the Court shall enter (a) Upon motion by a respondent who has been disbarred or an order immediately suspending the respondent from the practice of suspended, with notice to the Committee and the Lawyers’ Fund for law and may stay the pending proceeding or investigation. Upon rein- Client Protection, and following such other notice and proceedings as statement of the incapacitated attorney pursuant to § 1240.17 of these the Court may direct, the Court may issue an order reinstating such rules, the Court may take such action as it deems advisable, including respondent upon a showing, by clear and convincing evidence, that: a direction for the resumption of the proceeding or investigation. the respondent has complied with the order of disbarment, suspension § 1240.15 Conduct of Disbarred or Suspended Attorneys or the order removing the respondent from the roll of attorneys; the (a) Prohibition Against Practicing Law. Attorneys disbarred or respondent has complied with the rules of the court; the respondent suspended shall comply with Judiciary Law §§ 478, 479, 484 and 486. has the requisite character and fitness to practice law; and it would After entry of an order of disbarment or suspension, the affected re- be in the public interest to reinstate the respondent to the practice of spondent shall not accept any new retainer or engage in any new case law. Within thirty days of the date on which the application was served or legal matter of any nature as attorney for another. However, dur- upon the Committee, or within such longer time as the Court may al- ing the period between the entry date of the order and its effective low, the Committee may file an affidavit in relation thereto. date, the respondent may wind up and complete, on behalf of any cli- (b) Necessary papers. Papers on an application for reinstatement ent, all matters which were pending on the entry date. of a respondent who has been disbarred or suspended for more than (b) Notification of Clients. Within 10 days of the date of entry of an six months shall include a copy of the order of disbarment or suspen- order of suspension or disbarment, the affected respondent shall sion, and any related decision; an affidavit in the form in Appendix C notify, by certified mail and, where practical, electronic mail, each to these Rules; and proof that the respondent has, no more than one client of the respondent, the attorney for each party in any pending year prior to the date the application is filed, successfully completed matter, the court in any pending matter, and the Office of Court the Multistate Professional Responsibility Examination described in Administration for each action where a retainer statement has been section 520.9 of this Title. After the application has been filed, the filed pursuant to court rules. The notice shall state that the respondent Court may deny the application with leave to renew upon the submis- is unable to act as counsel due to disbarment or suspension. A notice sion of proof that the respondent has successfully completed the New to a respondent’s client shall advise the client to obtain new counsel. York State Bar Examination described in section 520.8 of this Title, or A notice to counsel for a party in a pending action, or to the Office of a specified requirement of continuing legal education, or both. A re- Court Administration in connection with an action where a retainer spondent who has been suspended for a period of six months or less statement has been filed pursuant to court rule, shall include the name shall not be required to submit proof that the respondent has success- and address of the respondent’s client. Where counsel has been ap- fully completed the Multistate Professional Responsibility Examina- pointed by a court, notice shall also be provided to the appointing tion, unless otherwise directed by the Court. court. (c) Time of application (c) Duty to Return Property and Files. Within 30 days of the date of (1) A respondent disbarred by order of the Court for misconduct entry of the order of suspension or disbarment, the affected respon- may apply for reinstatement to practice after the expiration of seven dent shall deliver to all respondent’s clients or third parties, or to a years from the entry of the order of disbarment. successor attorney designated by such clients or third parties, all (2) A suspended respondent may apply for reinstatement after the money and property (including legal files) in the possession of the re- expiration of the period of suspension or as otherwise directed by the spondent to which such clients or third parties are entitled. Court. (d) Discontinuation of Attorney Advertising. Within 30 days of the (d) Respondents suspended for a fixed term of six months or less. A date of entry of the order of suspension or disbarment, the affected re- respondent who has been suspended for six months or less pursuant to spondent shall discontinue all public and private notices through disciplinary proceedings may file an application for reinstatement advertising, office stationery and signage, email signatures, voicemail with the Court no more than thirty days prior to the expiration of the messages, social media, and other methods, that assert that the re- term of suspension, in the form prescribed at Appendix D to these spondent may engage in the practice of law. Rules, together with proof of service of a copy of same upon the ap- (e) Forfeiture of Secure Pass. Within 30 days of the date of entry of propriate Committee and the Lawyers’ Fund for Client Protection. the order of suspension or disbarment, the affected respondent shall Within twenty days of the date on which the application was served surrender to the Office of Court Administration any Attorney Secure upon the Committee and Lawyers’ Fund, or within such longer time Pass issued to him or her. as the Court may allow, the Committee and Lawyers’ Fund may file a (f) Affidavit of Compliance. Within 45 days after the date of service response thereto. After the Committee and Lawyers’ Fund have had of the order of disbarment or suspension, the affected respondent shall an opportunity to be heard, the Court may issue an order reinstating file with the Court, together with proof of service upon the Committee, the respondent upon a showing, by clear and convincing evidence, an affidavit in the form in Appendix B to these Rules showing a cur- that the respondent has otherwise satisfied the requirements of section rent mailing address for the respondent and that the respondent has 1240.16 (a) of these Rules. complied with the order and these Rules. (e) The Court may establish an alternative expedited procedure for

85 Court Notices NYS Register/October 12, 2016 reinstatement of attorneys suspended for violation of the registration (3) other methods, if any, of obtaining the information sought, requirements set forth in Judiciary Law § 468-a. and the reasons such methods are unavailable or impractical. § 1240.17 Reinstatement of Incapacitated Attorneys (e) Upon written request of a representative of The Lawyers’ Fund (a) Time of application. A respondent suspended on incapacity for Client Protection (“Fund”) certifying that a person or persons has grounds pursuant to section 1240.14 of these Rules may apply for re- filed a claim or claims seeking reimbursement from the Fund for the instatement at such time as the respondent is no longer incapacitated wrongful taking of money or property by any respondent who has from practicing law. been disciplined by the Court, the Committee is authorized to disclose (b) Necessary papers. Papers on an application for reinstatement to the Fund such information as it may have on file relating thereto. following suspension on incapacity grounds shall include a copy of § 1240.19 Medical and Psychological Evidence the order of suspension, and any related decision; proof, in eviden- Whenever a respondent intends to offer evidence of a medical or tiary form, of a declaration of competency or of the respondent's capa- psychological condition in mitigation of allegations or charges, he or city to practice law; a completed affidavit in a form approved by the she shall give written notice to the Committee of the intention to do so Court; a copy of a letter to The Lawyers' Fund for Client Protection no later than 20 days before the scheduled date of any appearance, notifying the Fund that the application has been filed; and such other argument, examination, proceeding, or hearing during which the re- proofs as the Court may require. A copy of the complete application spondent intends to offer such evidence to the Court, referee, Commit- shall be served upon the Committee. tee, subcommittee thereof, or counsel to a Committee. Said notice (c) Such application shall be granted by the Court upon showing by shall be accompanied by (a) the name, business address, and curricu- clear and convincing evidence that the respondent's disability or lum vitae of any health care professional whom the respondent incapacity has been removed and the respondent is fit to resume the proposes to call as a witness, or whose written report the respondent practice of law. Upon such application, the Court may take or direct intends to submit; and (b) a duly executed and acknowledged written such action as it deems necessary or proper for a determination as to authorization permitting the Committee to obtain and make copies of whether the respondent's disability or incapacity has been removed, the records of any such health care professional regarding the re- including a direction of an examination of the respondent by such spondent’s medical or psychological condition at issue. qualified experts as the Court shall designate. In its discretion, the § 1240.20 Abatement; Effect of Pending Civil or Criminal Matters; Court may direct that the expense of such an examination shall be Restitution paid by the respondent. In a proceeding under this section, the burden (a) Any person’s refusal to participate in the investigation of a com- of proof shall rest with the suspended respondent. plaint or related proceeding shall not require abatement, deferral or (d) Where a respondent has been suspended by an order in accor- termination of such investigation or proceeding. dance with the provisions of section 1240.14 of these Rules and there- (b) The acquittal of a respondent on criminal charges, or a verdict, after, in proceedings duly taken, the respondent has been judicially judgment, settlement or compromise in a civil litigation involving ma- declared to be competent, the Court may dispense with further evi- terial allegations substantially similar to those at issue in the disciplin- dence that the respondent’s disability or incapacity has been removed ary matter, shall not require termination of a disciplinary and may direct the respondent’s reinstatement upon such terms as are investigation. deemed proper and advisable. (c) The restitution of funds that were converted or misapplied by a (e) Waiver of Doctor-Patient Privilege Upon Application for person covered by these Rules shall not bar the commencement or Reinstatement. The filing of an application for reinstatement by a re- continuation of a disciplinary investigation or proceeding. spondent suspended for incapacity shall be deemed to constitute a § 1240.21 Appointment of Attorney to Protect Interests of Clients waiver of any doctor-patient privilege existing between the respon- or Attorney dent and any psychiatrist, psychologist, physician, hospital or facility (a) When an attorney is suspended, disbarred or incapacitated from who or which has examined or treated the respondent during the pe- practicing law pursuant to these Rules, or when the Court determines riod of disability. The respondent shall be required to disclose the that an attorney is otherwise unable to protect the interests of his or name of every psychiatrist, psychologist, physician, hospital or facil- her clients and has thereby placed clients’ interests at substantial risk, ity by whom or at which the respondent has been examined or treated the Court may enter an order, upon such notice as it shall direct, ap- since the respondent’s suspension, and the respondent shall furnish to pointing one or more attorneys to take possession of the attorney’s the Court written consent to each to divulge such information and re- files, examine the files, advise the clients to secure another attorney or cords as may be requested by court-appointed experts or by the Clerk take any other action necessary to protect the clients' interests. An ap- of the Court. plication for such an order shall be by motion, with notice to the Com- § 1240.18 Confidentiality mittee, and shall include an affidavit setting forth the relationship, if (a) All disciplinary investigations and proceedings shall be kept any, as between the moving party, the attorney to be appointed and confidential by Court personnel, Committee members, staff, and their the suspended, disbarred or incapacitated attorney. agents. (b) Compensation. The Court may determine and award compensa- (b) All papers, records and documents upon any complaint, inquiry, tion and costs to an attorney appointed pursuant to this rule, and may investigation or proceeding relating to the conduct or discipline of direct that compensation of the appointee and any other expenses be any respondent under these Rules are sealed and deemed private and paid by the attorney whose conduct or inaction gave rise to those confidential pursuant to Judiciary Law § 90(10). This provision is not expenses. intended to proscribe the free interchange of information among the (c) Confidentiality. An attorney appointed pursuant to this rule shall Committees. not disclose any information contained in any client files without the (c) All proceedings before a Committee or the Court shall be closed client’s consent, except as is necessary to carry out the order appoint- to the public absent a written order of the Court opening the proceeding the attorney or to protect the client’s interests. ings in whole or in part. § 1240.22 Resignation for Non-Disciplinary Reasons; Reinstate- (d) Application to Unseal Confidential Records or for Access to ment Closed Proceedings. Unless provided for elsewhere in these Rules, an (a) Resignation of attorney for non-disciplinary reasons. application pursuant to Judiciary Law § 90(10) to unseal confidential (1) An attorney may apply to the Court for permission to resign documents or records, or for access to proceedings that are closed from the bar for non-disciplinary reasons by submitting an affidavit in under these Rules, shall be made to the Court and served upon such the form in Appendix E to these Rules. A copy of the application shall other persons or entities as the Presiding Justice may direct, if any, be served upon the Committee and the Lawyers’ Fund for Client and shall specify: Protection, and such other persons as the Court may direct. (1) the nature and scope of the inquiry or investigation for which (2) When the Court determines that an attorney is eligible to disclosure is sought; resign for non-disciplinary reasons, it shall enter an order removing (2) the papers, records or documents sought to be disclosed, or the attorney’s name from the roll of attorneys and stating the non- the proceedings that are sought to be opened; and disciplinary nature of the resignation.

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(b) Reinstatement. An attorney who has resigned from the bar for non-disciplinary reasons may apply for reinstatement by filing with the Court an affidavit in the form in Appendix F to these Rules. The Court may grant the application and restore the attorney’s name to the roll of attorneys; or deny the application with leave to renew upon proof that the applicant has successfully completed the Multistate Professional Responsibility Examination described in section 520.9 of this Title, or the New York State Bar Examination described in section 520.8 of this Title; or take such other action as it deems appropriate. § 1240.23 Volunteers/Indemnification Members of the Committee, as well as referees, bar mediators, bar grievance committee members when assisting the Court of the Com- mittee, and pro bono special counsel acting pursuant to duties or as- signments under these Rules, are volunteers and are expressly authorized to participate in a State-sponsored volunteer program, pursuant to Public Officers Law § 17(1). § 1240.24 Costs and Disbursements The necessary costs and disbursements of an agency, committee or appointed attorney in conducting a proceeding under this Part shall be paid in accordance with Judiciary Law § 90(6). See Appendix in the back of this issue for the remainder of the text — Appendices A-F.

APPENDIX The following Appendix was filed with a Court Notice published in this issue of the State Register.