December 7, 2016 DEPARTMENT OF STATE Vol. XXXVIII Division of Administrative Rules Issue 49 NEW YORK STATE REGISTER

INSIDE THIS ISSUE: D Assessments for the New York State Career Development and Occupational Studies (CDOS) Commencement Credential D Waiver of Certain Rules and Requirements Pertaining to Cable Television Franchise D A Proposal to Establish a New Crossing Charge Schedule for Use of Bridges and Tunnels Operated by TBTA 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 February 5, 2017 – the 45-day period expires on January 21, 2017 – the 30-day period expires on January 6, 2017 ANDREW M. CUOMO GOVERNOR

ROSSANA ROSADO SECRETARY OF STATE

NEW YORK STATE DEPARTMENT OF STATE

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New York State Register December 7, 2016/Volume XXXVIII, Issue 49

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 / Growth, Cultivation, Sale, Distribution, Transportation, and Processing of Industrial Hemp Children and Family Services, Office of 2 / Provisions Relating to the Revocation, Suspension, Limitation or Denial of an Operating Certificate for an Adult Care Facility (A) Education Department 3 / Assessments for the New York State Career Development and Occupational Studies (CDOS) Com- mencement Credential (E) Health, Department of 5 / Transgender Related Care and Services (A) People with Developmental Disabilities, Office for 8 / Agency Name Change Terminology Update (P) Public Service Commission 8 / Notice of withdrawal 8 / Tariff Amendments to SC No. 1—Residential, Contained in P.S.C. No. 220—Electricity (A) 9 / Modifications to Two Electric Economic Development Programs (A) 9 / New Gas Economic Development Program (A) 9 / Reimbursement for Trenching Costs (A) 9 / Transfer of Ownership of Joint Use Poles (A) 10 / Modifications to Seven Electric Economic Development Programs (A) 10 / Tariff Amendments (A) 10 / Low-Income Energy Efficiency Program (A) 11 / Sources and Mechanisms of Funding Related to the Clean Energy Standard (A) 11 / Transfer of Nuclear Power Plant and Continued Lightened Regulation (A) 11 / Tariff Amendments (A) 11 / Sources and Mechanisms of Funding Related to the Clean Energy Standard (A) 12 / Tariff Amendments (A) 12 / Tariff Amendments to Establish Net Energy Metering Limits of Farm Waste Electric Generating Equipment (A) 12 / Transfer of Certain Street Lighting Facilities Located in the Town of Ramapo (P) 13 / Stock Acquisition (P) 13 / Waiver of Certain Rules and Requirements Pertaining to Cable Television Franchise (P) Temporary and Disability Assistance, Office of 14 / Standard Utility Allowances (SUAs) for the Supplemental Nutrition Assistance Program (SNAP) (A) Triborough Bridge and Tunnel Authority 14 / Proposal to Establish a New Crossing Charge Schedule for Use of Bridges and Tunnels Operated by TBTA (P) Hearings Schedule for Proposed Rule Makings / 16 Action Pending Index / 17

Securities Offerings 69 / State Notices

Advertisements for Bidders/Contractors 73 / Sealed Bids

Miscellaneous Notices/Hearings 75 / Notice of Abandoned Property Received by the State Comptroller 75 / Public Notice

Appendix / 83 RULE MAKING ACTIVITIES

Each rule making is identified by an I.D. No., which consists commodity. A&ML section 508 authorizes the Commissioner to promul- gate regulations to carry out the provisions of the A&ML that authorize of 13 characters. For example, the I.D. No. AAM-01-96- him to permit such institutions to grow, cultivate, sell, distribute, process, 00001-E indicates the following: and/or transport industrial hemp. 2. Legislative objectives: AAM -the abbreviation to identify the adopting agency In 2015, the legislature enacted Article 29 of the A&ML that, generally, 01 -the State Register issue number allowed the Commissioner to authorize a limited number of educational institutions to study the growth and cultivation of industrial hemp; pursu- 96 -the year ant to section 508 therein, the Commissioner promulgated regulations in 00001 -the Department of State number, assigned upon Title One of the Official Compilation of Codes, Rules and Regulations of receipt of notice. the State of New York (“1 NYCRR”) Part 159, to implement the provi- sions of that Article. In chapter 256 of the laws of 2016, the legislature E -Emergency Rule Making—permanent action amended Article 29 to allow the Commissioner to authorize such educa- not intended (This character could also be: A tional institutions to not only grow and cultivate industrial hemp but, also, for Adoption; P for Proposed Rule Making; RP to sell, distribute, process, and/or transport such commodity; the proposed rule implements the legislature’s objective in this regard by amending 1 for Revised Rule Making; EP for a combined NYCRR Part 159 accordingly. Emergency and Proposed Rule Making; EA for 3. Needs and benefits: an Emergency Rule Making that is permanent The proposed rule is needed to allow educational institutions that have been authorized by the Commissioner to grow and cultivate industrial and does not expire 90 days after filing.) hemp to, also, sell, distribute, process, and/or transport the commodity. Once such educational institutions are so authorized to conduct these Italics contained in text denote new material. Brackets activities, they will be in a better position to accomplish the objective of indicate material to be deleted. determining whether there is a market for industrial hemp and, if so, the broad contours of that market. The State’s agricultural industry will benefit by the adoption of the proposed rule. Farmers in other states where the sale and distribution of industrial hemp is permitted have profited thereby and authorized educational institutions in this State will, after having engaged in the Department of Agriculture and activities that will be permitted after the proposed rule is promulgated, be better able to determine if the State’s farmers will, also, be able to so Markets benefit. Furthermore, certain manufacturers of such products as apparel, paper, and tools that are located in the State could benefit in that locally- produced industrial hemp will be available, albeit most likely in limited REGULATORY IMPACT quantities, for use as a component in such products. STATEMENT, 4. Costs: a. Costs to regulated parties: REGULATORY FLEXIBILITY None; the proposed rule merely permits the Commissioner to allow an educational institution that has been or will be authorized to grow and ANALYSIS, RURAL AREA cultivate industrial hemp to, also, sell, distribute, process, and/or transport FLEXIBILITY ANALYSIS that commodity. b. Costs to state and local governments: AND/OR None. JOB IMPACT STATEMENT 5. Local government mandates: None. Growth, Cultivation, Sale, Distribution, Transportation, and 6. Paperwork: Processing of Industrial Hemp None; the proposed rule merely permits the Commissioner to allow an educational institution that has been or will be authorized to grow and I.D. No. AAM-47-16-00005-EP cultivate industrial hemp to, also, sell, distribute, process, and/or transport that commodity. 7. Duplication: This regulatory impact statement, regulatory flexibility analysis, rural Section 7606 of the federal Agricultural Reform, Food and Jobs Act of area flexibility analysis and/or job impact statement pertain(s) to a notice 2013 (Public Law 113-79) amended Title 7 of the United States Code of emergency adoption and proposed rulemaking, I.D. No. AAM-47-16- (“USC”) to add section 5940 thereto to authorize states to enact statutes 00005-EP, printed in the State Register on November 23, 2016. allowing educational institutions to grow and cultivate industrial hemp. Regulatory Impact Statement Pursuant to section 763 of the Consolidated Appropriations Act of 2016, 7 1. Statutory authority: USC section 5940 was functionally amended to authorize states to permit Agriculture and Markets Law (“A&ML”) section 16 authorizes the educational institutions that have been authorized to grow and cultivate Commissioner of Agriculture and Markets (“Commissioner”) to execute industrial hemp to, also, sell, distribute, process and transport that the laws of the State relative to agriculture. A&ML section 18 authorizes commodity. Pursuant to such authorizations, the New York State legislature the Commissioner to enact rules necessary for the exercise of his power to passed, and the Governor signed, legislation that permits the Commis- execute such laws. A&ML section 506, as amended by chapter 256 of the sioner to authorize educational institutions to engage in such activities. laws of 2016, allows the Commissioner to authorize an educational institu- The federal laws referred to above do not set forth any duplicative, tion to not only grow and cultivate industrial hemp but, in connection with overlapping or conflicting requirements. such authorization, to also sell, distribute, process, and/or transport such 8. Alternatives:

1 Rule Making Activities NYS Register/December 7, 2016

The Department did not consider any alternatives to the proposed rule. ments to the express terms and, after the meeting was concluded, the As set forth above, the legislature, in chapter 256 of the laws of 2016, Department assessed such comments and made substantial revisions to amended A&ML section 506 to permit the Commissioner to allow such provisions. On January 13, 2016, the Commissioner adopted 1 educational institutions that have been or will be authorized to grow and NYCRR Part 159 and this rulemaking would amend that Part only to al- cultivate industrial hemp to, also, sell, distribute, process, and/or transport that commodity; the proposed rule merely amends 1 NYCRR Part 159 low the Commissioner to permit educational institutions that are autho- which, currently, sets forth regulations to implement the provisions of rized to grow and cultivate industrial hemp to, also, sell, distribute, pro- A&ML Article 29 to reflect the latest amendments to that Article. cess, and/or transport that commodity. 9. Federal standards: The proposed rule is authorized by A&ML section 508 which is part of Rural Area Flexibility Analysis A&ML Article 29 which, in turn, was authorized pursuant to 7 USC sec- tion 5940 as functionally amended by section 763 of the Consolidated Ap- The proposed rule implements the provisions of Agriculture and propriations Act of 2016. Markets Law Article 29, as amended by chapter 256 of the laws of 2016, 10. Compliance schedule: and allows an educational institution to sell, distribute, process and An educational institution that has been authorized to grow and cultivate transport industrial hemp if authorized by the Commissioner of Agriculture industrial hemp and, in connection therewith, to sell, distribute, process, and Markets to do so – such activities were not, prior to the passage of the and/or transport that commodity, will be required to comply with all of the 2016 amendments to Agriculture and Markets Law Article 29 and under provisions of the proposed rule immediately upon being granted current regulations, permissible. authorization. Regulatory Flexibility Analysis Because this proposal does not impose an adverse impact upon rural ar- 1. Effect of rule: eas and because it imposes no reporting, recordkeeping or other compli- The proposed rule amends 1 NYCRR Part 159, entitled “Industrial ance requirements on public or private entities in rural areas that have not Hemp”, by allowing the Commissioner of Agriculture and Markets applied and have not been granted authorization to grow and cultivate (“Commissioner”) to permit an educational institution that has been au- industrial hemp, no rural area flexibility has been prepared in connection thorized to grow and cultivate industrial hemp to, also, sell, distribute, with the proposed rule, pursuant to SAPA section 202-bb(4)(a). process, and/or transport that commodity. It is anticipated that the rule will have only an incidental impact on lo- cal governments. Local governments may, for example, decide to increase the number of police patrols in areas where industrial hemp is grown or cultivated by institutions of higher education that have been authorized by Office of Children and Family the Commissioner to do so (“authorized institutions”). The rule will have no impact on small businesses, will not impose any compliance require- Services ments upon them, will not require them to obtain any professional ser- vices, and will not cause them to incur any compliance costs. 2. Compliance requirements: NOTICE OF ADOPTION None. The proposed rule, as described above, imposes no substantial compliance requirements; rather, it merely allows the Commissioner to Provisions Relating to the Revocation, Suspension, Limitation or permit an educational institution that has been authorized to grow and cultivate industrial hemp to sell, distribute, process, and/or transport that Denial of an Operating Certificate for an Adult Care Facility commodity. A small business to which industrial hemp has been sold or I.D. No. CFS-39-16-00002-A distributed, however, will be required to maintain a record that sets forth the volume of industrial hemp received, the use to which it was put and Filing No. 1061 the volume allocated to each use, and the volume disposed of. Filing Date: 2016-11-21 3. Professional services: Effective Date: 2016-12-07 None. 4. Compliance costs: (a) Initial capital costs that will be incurred by a small business that has contracted with an authorized institution of higher education: PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- None. The proposed rule, as described above, imposes no substantial cedure Act, NOTICE is hereby given of the following action: compliance costs; rather, it merely allows the Commissioner to permit an educational institution that has been authorized to grow and cultivate Action taken: Amendment of section 485.5 of Title 18 NYCRR. industrial hemp to also sell, distribute, process, and/or transport that commodity. A small business to which industrial hemp has been sold or Statutory authority: Social Services Law, sections 20(3)(d), 34(3)(f), 460 distributed, however, will be required to maintain a record that sets forth and 460-b the volume of industrial hemp received, the use to which it was put and the volume allocated to each use, and the volume disposed of. It is not Subject: Provisions relating to the revocation, suspension, limitation or anticipated that his record keeping requirement will cause a small business denial of an operating certificate for an adult care facility. to incur a substantial initial capital cost nor ongoing annual costs. (b) Annual cost for continuing compliance with the proposed rule: Purpose: To conform the provisions for actions taken on operating certifi- None. cates for adult care facilities to State law. 5. Economic and technological feasibility: The proposed rule merely allows the Commissioner to allow an educational institution that has been authorized to grow and cultivate Text or summary was published in the September 28, 2016 issue of the industrial hemp to sell, distribute, process, and/or transport that commod- Register, I.D. No. CFS-39-16-00002-P. ity; as such, compliance therewith is economically and technologically feasible. Final rule as compared with last published rule: No changes. 6. Minimizing adverse impact: The rule will not have adverse impact upon local governments. Text of rule and any required statements and analyses may be obtained Furthermore, the rule does not regulate institutions of higher education in from: Public Information Office, New York State Office of Children and general; rather, only those institutions that choose to seek authorization Family Services, 52 Washington Street, Rensselaer, New York 12144, from the Commissioner of Agriculture and Markets will be regulated by (518) 473-7793, email: [email protected] the rule. 7. Small business and local government participation: Initial Review of Rule On February 24, 2014, a meeting of the Industrial Hemp Work Group As a rule that requires a RFA, RAFA or JIS, this rule will be initially was held at the Department’s offices. This group consisted of Department reviewed in the calendar year 2019, which is no later than the 3rd year af- representatives; manufacturers of products that contain industrial hemp; representatives of educational institutions involved in the study of ter the year in which this rule is being adopted. industrial hemp; and a state assemblywoman. Prior to the meeting, the participants were furnished with a copy of the proposed provisions of 1 Assessment of Public Comment NYCRR Part 259. At the meeting, several participants suggested amend- The agency received no public comment.

2 NYS Register/December 7, 2016 Rule Making Activities

(a) Approval of work-readiness assessments by the commissioner. Each work work-readiness assessment approved by the Education Department commissioner shall meet the following criteria, in addition to any criteria set forth in any request for qualifications process: (1) measure universal foundation knowledge, skills and abili- EMERGENCY ties necessary for entry-level employment across multiple industries and occupations and the assessment shall be reviewed at least every five years RULE MAKING and be updated accordingly; (2) be designed in consultation with workforce experts, such Assessments for the New York State Career Development and as, but not limited to, employers, national business organizations, or Occupational Studies (CDOS) Commencement Credential federal or State labor agencies; (3) be consistent with technical criteria for validity, reliability, I.D. No. EDU-39-16-00033-E and fairness in testing; Filing No. 1043 (4) be developed by an entity other than a local school or Filing Date: 2016-11-16 school district; Effective Date: (5) be available for use by any school or school district in 2016-12-12 New York State; and (6) be administered in accordance with assessment security PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- conditions, directions and procedures established by the Commissioner. cedure Act, NOTICE is hereby given of the following action: This notice is intended to serve only as a notice of emergency adoption. Action taken: Amendment of section 100.6(b)(4) of Title 8 NYCRR. This agency intends to adopt the provisions of this emergency rule as a Statutory authority: Education Law, sections 101(not subdivided), permanent rule, having previously submitted to the Department of State a 207(not subdivided), 208(not subdivided), 209(not subdivided), 305(1), notice of proposed rule making, I.D. No. EDU-27-16-00002-EP, Issue of (2), 308(not subdivided) and 309(not subdivided) July 6, 2016. The emergency rule will expire January 14, 2017. Finding of necessity for emergency rule: Preservation of general welfare. Text of rule and any required statements and analyses may be obtained from: Kirti Goswami, New York State Education Department, 89 Washing- Specific reasons underlying the finding of necessity: The proposed ton Avenue, Room 148, Albany, NY 12234, (518) 474-8966, email: amendment is necessary to implement Regents policy to require that, on [email protected] or after April 3, 2017, any work-readiness assessments used to meet the requirements for the New York State Career Development and Oc- Regulatory Impact Statement cupational Studies (CDOS) Commencement Credential shall be approved STATUTORY AUTHORITY: by the Commissioner and meet certain criteria and conditions prescribed Education Law section 101 continues the existence of the Education by the Commissioner in regulations. Department, with the Board of Regents at its head and the Commissioner Because the Board of Regents meets at scheduled intervals, the earliest of Education as the chief administrative officer, and charges the Depart- the proposed amendment could be presented for regular (non-emergency) ment with the general management and supervision of public schools and adoption, after publication in the State Register on September 28, 2016 the educational work of the State. and expiration of the 45-day public comment period provided for in State Education Law section 207 empowers the Regents and the Commis- Administrative Procedure Act (SAPA) section 202(1) and (5), is the sioner to adopt rules and regulations to carry out State laws regarding December 12-13, 2016 Regents meeting. Furthermore, pursuant to SAPA education and the functions and duties conferred on the State Education section 203(1), the earliest effective date of the proposed amendment, if Department by law. adopted at the December meeting, would be December 28, 2016, the date Education Law section 208 authorizes the Regents to establish examina- a Notice of Adoption would be published in the State Register. tions as to attainments in learning and to award and confer suitable certifi- Emergency action is therefore necessary for the preservation of the gen- cates, diplomas and degrees on persons who satisfactorily meet the eral welfare in order to ensure that there is sufficient time for the Commis- requirements prescribed. sioner to approve work-readiness assessments pursuant to the criteria Education Law section 209 authorizes the Regents to establish second- outlined in the proposed amendment so that affected students know which ary school examinations in studies furnishing a suitable standard of gradu- work-readiness assessments have been approved by the Commissioner so ation and of admission to colleges; to confer certificates or diplomas on they can earn a NYS CDOS Commencement Credential on or after April students who satisfactorily pass such examinations; and requires the 3, 2017 and to ensure that the emergency rule adopted at the September admission to these examinations of any person who shall conform to the 2016 Regents meeting remains in effect until it can be adopted as a perma- rules and pay the fees prescribed by the Regents. nent rule. Education Law section 305 (1) and (2) provide that the Commissioner, It is anticipated that the proposed amendment will be presented for as chief executive officer of the State system of education and of the Board adoption as a permanent rule at the December 2016 Regents meeting, after of Regents, shall have general supervision over all schools and institutions publication of the proposed amendment in the State Register and expira- subject to the provisions of the Education Law, or of any statute relating to tion of the 45-day public comment period prescribed by the State education, and execute all educational policies determined by the Regents. Administrative Procedure Act for State agency rule makings. Education Law section 308 authorizes the Commissioner to enforce and give effect to any provision in the Education Law or in any other general Subject: Assessments for the New York State Career Development and or special law pertaining to the school system of the State or any rule or Occupational Studies (CDOS) Commencement Credential. direction of the Regents. Purpose: Establish conditions and procedures for approval of work- Education Law section 309 charges the Commissioner with the general readiness assessments for the CDOS credential. supervision of boards of education and their management and conduct of Text of emergency rule: 1. Paragraph (4) of subdivision (b) of section all departments of instruction. 100.6 of the Regulations of the Commissioner of Education is amended, LEGISLATIVE OBJECTIVES: effective December 12, 2016, as follows: The proposed amendment is consistent with the above statutory author- (4)(i) Notwithstanding the provisions of paragraph (3) of this ity and is necessary to implement policy enacted by the Regents to require subdivision, a board of education or trustees of the school district, or the that, effective April 3, 2017, work-readiness assessments used to meet the governing body of the nonpublic school, may award the career develop- requirements for the New York State (NYS) Career Development and Oc- ment and occupational studies commencement credential prior to April 3, cupational Studies (CDOS) Commencement Credential must be approved 2017 to a student who has met the requirements for a nationally-recognized by the Commissioner and establish conditions and criteria by which such work-readiness credential, including but not limited to SkillsUSA Work assessments may be approved. Force Ready Employability Assessment, the National Work Readiness NEEDS AND BENEFITS: Credential, the National Career Readiness Certificate – (ACT) WorkKeys The NYS CDOS Commencement Credential is a credential recognized and the Comprehensive Adult Student Assessment Systems Workforce by the Board of Regents that certifies a student has the standards-based Skills Certification System. knowledge and skills necessary for entry-level employment. The require- (ii) On or after April 3, 2017, a board of education or trustees of ments to earn the credential were developed consistent with research and the school district, or the governing body of the nonpublic school, may the guiding principles established by the Regents. The requirements are award the career development and occupational studies commencement rigorous in that the student must successfully complete additional courses credential to a student who has received a satisfactory passing score on of study and hours in work-based learning, demonstrate competency at the any work-readiness assessment approved by the commissioner pursuant to commencement level of the CDOS learning standards, participate in career this subparagraph. planning and preparation and have an employability profile showing readi-

3 Rule Making Activities NYS Register/December 7, 2016 ness for entry-level employment. There are two options available for sessments, credential and diploma requirements and higher levels of students to earn the credential. Option 1 - Students must meet each of the student achievement, and does not impose any adverse economic impact, following: development of a Career Plan; demonstrated achievement of reporting, record keeping or other compliance requirements on small the commencement level CDOS learning standards 1, 2 and 3a; successful businesses. Because it is evident from the nature of the proposed amend- completion of at least 216 hours of CTE coursework and/or work-based ment that it does not affect small businesses, no further steps were needed learning experiences (of which at least 54 hours must be in work-based to ascertain that fact and none were taken. Accordingly, a regulatory flex- learning experiences); and have a completed employability profile. Option ibility analysis for small businesses is not required and one has not been 2 - In lieu of a student meeting the requirements of Option 1 to be awarded prepared. the NYS CDOS Commencement Credential, a district may award a student Local Governments: this credential if the student has met the requirements for one of the nation- EFFECT OF RULE: ally recognized rigorous work readiness credentials, including but not The proposed amendment applies to each of the 689 public school limited to: National Work Readiness Credential; SkillsUSA Work Force districts in the State and to charter schools and nonpublic schools to the Ready Employability Assessment; National Career Readiness Certificate extent that they offer instruction in the high school grades. WorkKeys - (ACT); and Comprehensive Adult Student Assessment COMPLIANCE REQUIREMENTS: Systems Workforce Skills Certification System. The proposed amendment does not impose any additional compliance In order to ensure that the assessments taken under Option 2 to earn the requirements on school districts, charter schools or registered nonpublic CDOS Commencement Credential measure universal foundation skills schools high schools. The amendment implements Regents policy to necessary for entry-level employment, are of sufficient rigor, meet require- require that, effective April 3, 2017, work-readiness assessments used to ments for validity and reliability, and are available to all NYS students, the meet the requirements for the CDOS Commencement Credential must be proposed regulations require that, effective April 3, 2017, work-readiness approved by the Commissioner and establish conditions and criteria by which such assessments may be approved. It would not change existing assessments used to meet the requirements for the CDOS Commencement requirements that allow a student to take an assessment of work-readiness Credential must be approved by the Commissioner and establish condi- to earn a NYS CDOS Commencement Credential pursuant to section tions and criteria by which such assessments may be approved. The 100.6(b) of the Commissioner’s Regulations. Department will be working to identify which work-readiness assessments Section 100.6(b)(4), as amended, provides that effective April 3, 2017, meet the criteria established in regulations for use in the 2016-17 school any assessment of work-readiness used to meet the requirements for the year. CDOS Commencement Credential must be approved by the Commis- Section 100.6(b)(4), as amended, provides that, effective April 3, 2017, sioner and establishes the conditions and criteria by which such assess- any assessment of work-readiness used to meet the requirements for the ments may be approved. CDOS Commencement Credential must be approved by the Commis- PROFESSIONAL SERVICES: sioner and establishes the conditions and criteria by which such assess- The proposed amendment does not impose any additional professional ments may be approved. service requirements. COSTS: COMPLIANCE COSTS: (a) Costs to State government: none. The proposed amendment does not impose any additional costs on (b) Costs to local government: none. school districts or charter schools. The amendment implements Regents (c) Costs to private regulated parties: none. policy to require that, effective April 3, 2017, work-readiness assessments (d) Costs to regulating agency for implementation and continued used to meet the requirements for the CDOS Commencement Credential must be approved by the Commissioner and establish conditions and administration of this rule: none. criteria by which such assessments may be approved. There are many The proposed amendment does not impose any additional costs on the NYS school districts and Boards of Cooperative Educational Services State, school districts, charter schools, registered nonpublic schools or the (BOCES) that already provide students with opportunities to earn take State Education Department. The amendment implements Regents policy work-readiness assessments to earn the CDOS Commencement Credential. to require that, effective April 3, 2017, work-readiness assessments used ECONOMIC AND TECHNOLOGICAL FEASIBILTY: to meet the requirements for the CDOS Commencement Credential must The proposed amendment does not impose any additional technological be approved by the Commissioner and establish conditions and criteria by requirements on school districts, charter schools or registered nonpublic which such assessments may be approved. There are many NYS school schools high schools. Economic feasibility is addressed above under districts and Boards of Cooperative Educational Services (BOCES) that compliance costs. already provide students with opportunities to earn take work-readiness MINIMIZE ADVERSE IMPACT: assessments to earn the CDOS Commencement Credential. The proposed amendment does not impose any additional compliance LOCAL GOVERNMENT MANDATES: requirements or significant costs and therefore would have no adverse The proposed amendment does not impose any additional program, ser- impact on the regulated parties. The amendment implements Regents vice, duty or responsibility upon school districts beyond those imposed by policy to require that, effective April 3, 2017, work-readiness assessments federal and State statutes and regulations. The proposed amendment used to meet the requirements for the CDOS Commencement Credential merely implements Regents policy to require that, effective April 3, 2017, must be approved by the Commissioner and establish conditions and work-readiness assessments used to meet the requirements for the CDOS criteria by which such assessments may be approved. It would not change Commencement Credential must be approved by the Commissioner and existing requirements that allow a student to take an assessment of work- establish conditions and criteria by hich such assessments may be readiness to earn a NYS CDOS Commencement Credential pursuant to approved. section 100.6(b) of the Commissioner’s Regulations. PAPERWORK: LOCAL GOVERNMENT PARTICIPATION: The proposed amendment does not impose any specific additional Copies of the proposed amendment have been provided to District recordkeeping, reporting or other paperwork requirements. Superintendents with the request that they distribute them to school DUPLICATION: districts within their supervisory districts for review and comment. Copies The proposed amendment does not duplicate existing State or Federal were also provided for review and comment to the chief school officers of requirements. the five big city school districts and to charter schools. ALTERNATIVES: INITIAL REVIEW OF RULE (SAPA § 207): There were no significant alternatives to the rule and none were Pursuant to State Administrative Procedure Act section 207(1)(b), the considered. State Education Department proposes that the initial review of this rule FEDERAL STANDARDS: shall occur in the fifth calendar year after the year in which the rule is There are no applicable Federal standards. adopted, instead of in the third calendar year. The justification for a five COMPLIANCE SCHEDULE: year review period is that the proposed amendment is necessary to imple- It is anticipated that regulated parties will be able to achieve compli- ment long-range Regents policy relating to State learning standards, State ance with the proposed amendment by its effective date. assessments, credential and diploma requirements and higher levels of Regulatory Flexibility Analysis student achievement. Accordingly, there is no need for a shorter review Small Businesses: period. The proposed amendment is necessary to implement Regents policy to The Department invites public comment on the proposed five year establish is necessary to implement policy enacted by the Regents to review period for this rule. Comments should be sent to the agency contact require that, effective April 3, 2017, work-readiness assessments used to listed in item 10. of the Notice of Proposed Rule Making published here- meet the requirements for the New York State (NYS) Career Development with, and must be received within 45 days of the State Register publica- and Occupational Studies (CDOS) Commencement Credential must be tion date of the Notice. approved by the Commissioner and establish conditions and criteria by Rural Area Flexibility Analysis which such assessments may be approved. 1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS: The proposed amendment relates to State learning standards, State as- The proposed amendment applies to each of the 689 public school

4 NYS Register/December 7, 2016 Rule Making Activities districts in the State, charter schools, and registered nonpublic schools in on jobs or employment opportunities, no further steps were needed to the State, to the extent that they offer instruction in the high school grades, ascertain that fact and none were taken. Accordingly, a job impact state- including those located in the 44 rural counties with less than 200,000 in- ment is not required and one has not been prepared. habitants and the 71 towns in urban counties with a population density of Assessment of Public Comment 150 per square mile or less. At present, there is one charter school located The agency received no public comment since publication of the last as- in a rural area that is authorized to issue Regents diplomas. sessment of public comment. 2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES: The proposed amendment does not impose any additional compliance requirements or professional services requirements on entities that are lo- cated in rural areas. The proposed amendment implements Regents policy Department of Health to require that, April 3, 2017, work-readiness assessments used to meet the requirements for the New York State (NYS) Career Development and Oc- cupational Studies (CDOS) Commencement Credential must be approved NOTICE OF ADOPTION by the Commissioner and establish conditions and criteria by which such assessments may be approved. It would not change existing requirements Transgender Related Care and Services that allow a student to take an assessment of work-readiness to earn a NYS CDOS Commencement Credential pursuant to section 100.6(b) of I.D. No. HLT-40-16-00030-A the Commissioner’s Regulations. Filing No. 1063 Section 100.6(b)(4), as amended, provides that effective April 3, 2017, Filing Date: 2016-11-22 any assessment of work-readiness used to meet the requirements for the Effective Date: CDOS Commencement Credential must be approved by the Commis- 2016-12-07 sioner and establishes the conditions and criteria by which such assess- ments may be approved. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- 3. COMPLIANCE COSTS: cedure Act, NOTICE is hereby given of the following action: The proposed amendment will not impose any significant costs on Action taken: Amendment of section 505.2(l) of Title 18 NYCRR. schools located in rural areas. The proposed amendment implements Regents policy to require that, effective April 3, 2017, work-readiness as- Statutory authority: Public Health Law, sections 201 and 206; Social Ser- sessments used to meet the requirements for the CDOS Commencement vices Law, sections 363-a and 365-a(2) Credential must be approved by the Commissioner and establish condi- Subject: Transgender Related Care and Services. tions and criteria by which such assessments may be approved. There are Purpose: To amend provisions regarding Medicaid coverage of transition- many NYS school districts and Boards of Cooperative Educational Ser- related transgender care and services. vices (BOCES) that already provide students with opportunities to earn Text of final rule: Subdivision (l) of section 505.2 is amended to read as take work-readiness assessments to earn the CDOS Commencement follows: Credential. (l) Gender dysphoria treatment. 4. MINIMIZING ADVERSE IMPACT: (1) As provided in this subdivision, payment is available for medi- The proposed amendment does not impose any additional compliance cally necessary hormone therapy and/or gender reassignment surgery for requirements or significant costs and therefore would have no adverse the treatment of gender dysphoria. impact on the regulated parties. The amendment implements Regents (2)(i) Hormone therapy, whether or not in preparation for gender policy to require that, effective April 3, 2017, work-readiness assessments reassignment surgery, [may] shall be covered [for individuals 18 years of used to meet the requirements for the CDOS Commencement Credential age or older.] as follows: must be approved by the Commissioner and establish conditions and (a) treatment with gonadotropin-releasing hormone agents criteria by which such assessments may be approved. It would not change (pubertal suppressants), based upon a determination by a qualified medi- existing requirements that allow a student to take an assessment of work- cal professional that an individual is eligible and ready for such treat- readiness to earn a NYS CDOS Commencement Credential pursuant to ment, i.e., that the individual: section 100.6(b) of the Commissioner’s Regulations. (1) meets the criteria for a diagnosis of gender dysphoria; Because the Regents policy upon which the proposed amendment is (2) has experienced puberty to at least Tanner stage 2, and based applies to all school districts in the State and to charter schools and pubertal changes have resulted in an increase in gender dysphoria; registered nonpublic high schools, it is not possible to establish differing (3) does not suffer from psychiatric comorbidity that interferes compliance or reporting requirements or timetables or to exempt schools with the diagnostic work-up or treatment; in rural areas from coverage by the proposed amendment. (4) has adequate psychological and social support during 5. RURAL AREA PARTICIPATION: treatment; and Comments on the proposed rule were solicited from the Department’s (5) demonstrates knowledge and understanding of the Rural Advisory Committee, whose membership includes school districts expected outcomes of treatment with pubertal suppressants and cross-sex located in rural areas. hormones, as well as the medical and social risks and benefits of sex reas- 6. INITIAL REVIEW OF RULE (SAPA § 207): signment; Pursuant to State Administrative Procedure Act section 207(1)(b), the (b) treatment with cross-sex hormones for patients who are State Education Department proposes that the initial review of this rule sixteen years of age and older, based upon a determination of medical ne- shall occur in the fifth calendar year after the year in which the rule is cessity made by a qualified medical professional; patients who are under adopted, instead of in the third calendar year. The justification for a five eighteen years of age must meet the applicable criteria set forth in clause year review period is that the proposed amendment is necessary to imple- (a). ment long-range Regents policy relating to State learning standards, State (ii) Notwithstanding the requirement in clause (b) of subparagraph assessments, credential and diploma requirements and higher levels of (i) of this paragraph that an individual be sixteen years of age or older, student achievement. Accordingly, there is no need for a shorter review payment for cross-sex hormones for patients under sixteen years of age period. who otherwise meet the requirements of clause (b) of subparagraph (i) of The Department invites public comment on the proposed five year this paragraph shall be made in specific cases if medical necessity is dem- review period for this rule. Comments should be sent to the agency contact onstrated and prior approval is received. listed in item 10. of the Notice of Proposed Rule Making published here- (3)(i) Gender reassignment surgery [may] shall be covered for an with, and must be received within 45 days of the State Register publica- individual who is 18 years of age or older and has letters from two quali- tion date of the Notice. fied New York State licensed health professionals who have independently Job Impact Statement assessed the individual and are referring the individual for the surgery. The proposed amendment is necessary to implement Regents policy to One of these letters must be from a psychiatrist, psychologist, [or] psychi- require that, effective April 3, 2017, work-readiness assessments used to atric nurse practitioner, or licensed clinical social worker with whom the meet the requirements for the New York State Career Development and individual has an established and ongoing relationship. The other letter Occupational Studies Commencement Credential must be approved by the may be from a [licensed] psychiatrist, psychologist, physician, psychiatric Commissioner and establish conditions and criteria by which such assess- nurse practitioner, or licensed clinical social worker acting within the ments may be approved. scope of his or her practice, who has only had an evaluative role with the The proposed amendment will not have a substantial adverse impact on individual. Together, the letters must establish that the individual: jobs or employment opportunities. Because it is evident from the nature of [(i)](a) has a persistent and well-documented case of gender the proposed amendment that it will have no impact, or a positive impact, dysphoria;

5 Rule Making Activities NYS Register/December 7, 2016

[(ii)](b) has received hormone therapy appropriate to the indi- claiming reimbursement for sterilization procedures must be followed vidual’s gender goals, which shall be for a minimum of 12 months in the when transgender care involves sterilization. case of an individual seeking genital surgery, unless such therapy is medi- Final rule as compared with last published rule: Nonsubstantive changes cally contraindicated or the individual is otherwise unable to take were made in section 505.2(l)(3)(i), (4) and (5). hormones; [(iii)](c) has lived for 12 months in a gender role congruent with Text of rule and any required statements and analyses may be obtained the individual’s gender identity, and has received mental health counsel- from: Katherine Ceroalo, DOH, Bureau of House Counsel, Reg. Affairs ing, as deemed medically necessary, during that time; Unit, Room 2438, ESP Tower Building, Albany, NY 12237, (518) 473- [(iv)](d) has no other significant medical or mental health condi- 7488, email: [email protected] tions that would be a contraindication to gender reassignment surgery, or Revised Regulatory Impact Statement, Regulatory Flexibility Analysis, if so, that those are reasonably well-controlled prior to the gender reas- Rural Area Flexibility Analysis and Job Impact Statement signment surgery; and Changes made to the last published rule do not necessitate revision to the [(v)](e) has the capacity to make a fully informed decision and previously published Revised RIS, RFA, RAFA and JIS. to consent to the treatment. Assessment of Public Comment (ii) Notwithstanding subparagraph (i) of this paragraph, payment The proposed regulation would, among other things: provide coverage for gender reassignment surgery, services, and procedures for patients of medically necessary treatments for gender dysphoria in individuals under eighteen years of age may be made in specific cases if medical ne- under 18 years of age; specify gender reassignment surgeries, services, cessity is demonstrated and prior approval is received. and procedures that the Medicaid program will cover without the need for [(4) Payment will not be made for the following services and the practitioner to obtain prior approval; reiterate that Medicaid will cover procedures: other surgeries, services, and procedures if it is demonstrated that such (i) cryopreservation, storage, and thawing of reproductive tissue, surgery, service, or procedure is medically necessary to treat a particular and all related services and charges; patient’s GD, and prior approval is received; and add licensed clinical (ii) reversal of genital and/or breast surgery; social workers to the list of licensed NYS health professionals, with whom (iii) reversal of surgery to revise secondary sex characteristics; and an individual has an established and ongoing relationship, who can provide (iv) reversal of any procedure resulting in sterilization. a letter referring the individual for gender reassignment surgery (GRS). In (5) Payment will not be made for any surgery, services, or procedures short, the proposed changes would make Medicaid coverage of transgender that are performed solely for the purpose of improving an individual’s ap- care and services available, regardless of an individual’s age, whenever pearance (cosmetic procedures). The following surgery, services, and such care and services are medically necessary to treat the individual’s procedures will be presumed to be cosmetic and will not be covered, un- gender dysphoria. less justification of medical necessity is provided and prior approval is Comments on the proposed rulemaking were received from a State received: senator (who was strongly supportive of the regulation and did not recom- (i) abdominoplasty, blepharoplasty, neck tightening, or removal of mend any further revisions), a community health center with experience in redundant skin; transgender health care, a network of federally qualified health centers (ii) breast augmentation, unless the individual has completed a (FQHCs), a law firm representing a managed care organization, the LGBT minimum of 24 months of hormone therapy during which time breast Rights Committee of the New York City Bar Association, two legal aid growth has been negligible, or hormone therapy is medically contraindi- organizations and a law firm commenting jointly, and 61 individuals. cated or the individual is otherwise unable to take hormones; Comment: Two commenters were opposed to Medicaid covering ser- (iii) breast, brow, face, or forehead lifts; vices for the treatment of gender dysphoria. One objected generally to (iv) calf, cheek, chin, nose, or pectoral implants; medical intervention for a “delusion.” The other contended that gender (v) collagen injections; dysphoria does not meet the criteria set forth in Social Services Law sec- (vi) drugs to promote hair growth or loss; tion 365-a, which provides for Medicaid coverage of “medical, dental and (vii) electrolysis, unless required for vaginoplasty or phalloplasty; remedial care, services and supplies. . . which are necessary to prevent, di- (viii) facial bone reconstruction, reduction, or sculpturing, includ- agnose, correct or cure conditions in the person that cause acute suffering, ing jaw shortening and rhinoplasty; endanger life, result in illness or infirmity, interfere with such person’s (ix) hair transplantation; capacity for normal activity, or threaten some significant handicap.” (x) lip reduction; Response: No changes were made to the proposed regulation as a result (xi) liposuction; of these comments. Gender dysphoria is a condition recognized by the (xii) thyroid chondroplasty; and American Psychiatric Association in its Diagnostic and Statistical Manual (xiii) voice therapy, voice lessons, or voice modification surgery.] of Mental Disorders. The Manual describes the condition, in part, as one (4) For individuals meeting the requirements of paragraph (3) of this which causes clinically significant distress or impairment in social, oc- subdivision, Medicaid coverage will be available for the following gender cupational, or other important areas of functioning. Therefore, the Depart- reassignment surgeries, services, and procedures, based upon a determi- ment interprets the language of section 365-a of the Social Services Law nation of medical necessity made by a qualified medical professional: (SSL) as encompassing the condition of gender dysphoria. (i) mastectomy, hysterectomy, salpingectomy, oophorectomy, From the Department’s standpoint, the question is not whether Medicaid vaginectomy, urethroplasty, metoidioplasty, phalloplasty, scrotoplasty, should pay for treatment of gender dysphoria, but instead what treatments penectomy, orchiectomy, vaginoplasty, labiaplasty, clitoroplasty, and/or are medically necessary and what standards should such treatment meet in placement of a testicular prosthesis and penile prosthesis; order to qualify for Medicaid reimbursement. (ii) breast augmentation, provided that: the patient has completed Sections 363 and 364 of the SSL make clear that the primary purpose of a minimum of 24 months of hormone therapy, during which time breast the Medicaid program is to ensure the availability of uniform, high-quality growth has been negligible; or hormone therapy is medically contraindi- medical care to all New Yorkers. Section 363-a of the SSL designates the cated; or the patient is otherwise unable to take hormones; Department as the single State agency charged with the responsibility to (iii) electrolysis when required for vaginoplasty or phalloplasty; supervise the administration of the Medicaid State plan in New York. Sec- and tion 364 of the SSL further authorizes the Department to establish and (iv) such other surgeries, services, and procedures as may be speci- maintain standards for medical care reimbursed through the program. fied by the Department in billing guidance to providers. In this rulemaking, and in prior rulemakings, the Department has [(6)] (5) [For purposes of this subdivision, cosmetic surgery, ser- established standards intended to ensure Medicaid pays for high-quality vices, and procedures refers to anything solely directed at improving an care that is not medically contraindicated, is medically necessary to treat individual’s appearance.] For individuals meeting the requirements of an individual’s gender dysphoria, and is undertaken with the informed paragraph (3) of this subdivision, surgeries, services, and procedures in consent of the individual. connection with gender reassignment not specified in paragraph (4) of Comment: A commenter noted that although the Department indicates this subdivision, or to be performed in situations other than those in the Regulatory Impact Statement for the proposed rulemaking that described in such paragraph, including those done to change the patient’s licensed clinical social workers are being added to the list of licensed NYS physical appearance to more closely conform secondary sex characteris- health professionals, with whom an individual has an established and tics to those of the patient’s identified gender, shall be covered if it is dem- ongoing relationship, who can provide a letter referring the individual for onstrated that such surgery, service, or procedure is medically necessary GRS, this is not reflected in the text of the regulation. to treat a particular patient’s gender dysphoria, and prior approval is Response: The Department thanks the commenter for pointing out this received. Coverage is not available for surgeries, services, or procedures oversight. The Department has added an explicit reference to licensed that are purely cosmetic, i.e., that enhance a patient’s appearance but are clinical social workers in the text of the regulation, as was intended. not medically necessary to treat the patient’s underlying gender dysphoria. Comment: The community health center and the FQHC network both [(7)] (6) All legal and program requirements related to providing and expressed support for the proposed expansion of coverage to treatment of

6 NYS Register/December 7, 2016 Rule Making Activities individuals under age 18, and the addition of licensed clinical social work- untreated psychiatric comorbidity, based on its understanding that cover- ers to the list of health professionals who can provide a letter referring an age of transgender care should be available if the psychiatric comorbidity individual for GRS. However, they recommended that the list of referring has been addressed and the individual is stable. professionals be further expanded to include licensed therapists, physician assistants, nurse practitioners, and family nurse practitioners. Response: The Department disagrees with the commenter’s assumption Response: The list of health professionals who can supply referral let- that undergoing treatment for a psychiatric comorbidity necessarily means ters for GRS strikes a balance between enabling access to services and that it has been addressed and that the individual is stable. The proposed ensuring that Medicaid coverage of GRS is based on determinations of medical necessity made by individuals qualified to make such regulatory language, which is identical to language in the Endocrine Soc- determinations. The Department does not believe its policy will prevent iety’s standard of care, is intended to avoid transgender care being transgender individuals from accessing necessary care, and is a valid provided when an existing psychiatric comorbidity prevents or interferes exercise of the discretion granted to it as the single State Medicaid agency with making a definitive diagnosis of gender dysphoria or with obtaining responsible for establishing standards to ensure high quality Medicaid informed consent for transgender treatment. The fact that the individual is services. receiving treatment is not, by itself, dispositive as to whether the existing Comment: The community health center and the FQHC network also psychiatric comorbidity raises these concerns. No changes were made to recommended that the following services be covered by Medicaid for the the proposed regulation as a result of this comment. treatment of gender dysphoria, without the need to obtain prior approval: breast, brow, face, and forehead lifts; drugs to promote hair growth or Approximately 57 of the comments followed a common template and loss; electrolysis for the entire body; facial bone reconstruction, reduction, were virtually identical. These commenters expressed strong support for or sculpturing; hair transplantation; vocal surgeries and coaching; and the proposed regulation to the extent that it: expands Medicaid coverage thyroid chondroplasty. The community health center went on in its com- of pubertal suppressants and cross-sex hormones; includes licensed clini- ment to state that “these surgeries are all medically-necessary for an indi- cal social workers in the list of health professionals who can provide a let- vidual seeking gender affirmation.” ter referring an individual for GRS; and continues to recognize that Response: Not all individuals seek the full range of potential treatments hormone therapy may be medically contraindicated for some individuals for the symptoms of gender dysphoria, which belies the commenter’s state- and is not part of every individual’s transition. These commenters also ment that all of the listed surgeries are medically necessary procedures for expressed concerns about the proposed rulemaking, summarized below. any individual seeking to transition. Whether one or more of the listed surgeries is medically necessary for an individual will depend on the cir- Comment: The proposed regulation contains a definition of “cosmetic cumstances of the particular case. Therefore the Department, as the single services” that is different than the definition used elsewhere. The defini- State agency charged with the responsibility of supervising the administra- tion in the proposed regulation is “not accessible,” “exclusionary,” and tion of the Medicaid program, finds it appropriate to require prior approval, will invite incorrect denials of care. based on a showing of medical necessity by the health practitioner in a particular case, as a prerequisite to payment for these services. Response: The Department does not agree that there is any significance Comment: The bar association LGBT committee objected, among other to slight differences in wording in references to cosmetic procedures in its things, to: requiring prior approval for hormone treatments provided to regulations and policies. As the Department has stressed in previous individuals under age 16 and surgical interventions undertaken prior to rulemakings amending section 505.2(l), the language in question is age 18; requiring two letters from health care practitioners referring an in- intended to ensure that Medicaid pays only for medically necessary care, dividual for GRS, rather than one; and requiring prior approval for any services, and supplies. The Medicaid program is statutorily constrained to transition-related treatments, which the commenter contends is equivalent do so, and therefore is prohibited from paying for care, services, or sup- to labeling such treatments as “presumptively cosmetic.” Instead, the com- plies whose purpose is not medical but cosmetic. No changes were made menter urges that the regulation be revised to simply state that any and all to the proposed regulation as a result of this comment. treatments for gender dysphoria consistent with contemporary standards of care must be covered. Comment: The proposed regulation provides for the coverage of breast Response: Decisions on discrete aspects of the coverage policy augmentation, without the requirement of obtaining prior approval, if an (prerequisites for Medicaid coverage of hormone therapy or GRS; two individual has completed 24 months of hormone therapy, during which referral letters for GRS versus one; when and if prior approval is required) time breast growth has been negligible. The term “negligible” is vague are appropriately made by the Department in its role as the single State and undefined, may be used by insurance companies against persons with Medicaid agency. The commenter suggested alternative policies, in order gender dysphoria, and does not affirm the need of many individuals to to give individuals with gender dysphoria maximum access to the services receive this care. A separate commenter suggested replacing negligible they seek. However, the Department’s statutory obligation is not simply to provide access to desired services, but to make sure that Medicaid pays breast growth with “insufficient breast growth in proportion to the patient’s only for high-quality and medically necessary services. The Department body type such that it has failed to alleviate the patient’s gender dysphoria believes the policy determinations it has made promote the receipt of high as determined by the treating medical or mental health professional.” quality, medically necessary care by Medicaid recipients, are reasonable, Response: The regulation intends to distinguish between a situation in and are fully within the discretion afforded to it by the Legislature when which hormone therapy has failed to achieve the goal of conforming this the Department was designated as the single State Medicaid agency. The Department disagrees that the proposed regulation labels any ser- sex characteristic to that of the individual’s identified gender, and a situa- vices as presumptively cosmetic. Rather, the prior approval requirements tion where it has succeeded. In the former situation, breast augmentation in the proposed regulation reflect the Department’s recognition that not all will be covered, without the need to obtain prior approval, based on the transition-related services will be medically necessary for every individual reasonable judgment of the medical practitioner that breast growth has with gender dysphoria. As the commenter itself observed, citing the Stan- been negligible. In the latter, a question exists as to whether further, surgi- dards of Care of the World Professional Association for Transgender cal augmentation is medically necessary to treat the individual’s gender Health, “what constitutes medically necessary treatment, is a highly dysphoria, or is instead being sought for solely cosmetic reasons; individualized process that can vary significantly from one person to therefore, breast augmentation will be covered only if medical necessity is another. For some transgender people, hormones provide adequate treat- demonstrated and prior approval received. ment for gender dysphoria. For many others, surgery is essential and medi- cally necessary to treat their gender dysphoria. What surgery is required The Department shares the commenters’ interest in clear Medicaid will depend on the clinical needs and overall health of a particular person.” coverage standards and will take their comments under advisement in The commenter’s suggestion that the criteria for Medicaid coverage of crafting billing guidance for providers and considering future amendments transgender services be any of multiple standards of care propounded by to the regulation. individual practitioners, medical societies, and advocacy organizations, is untenable. It would create uncertainty among providers and recipients as Comment: The Department should continue to review the current medi- to what Medicaid does and does not cover, and would be an abdication of cal consensus with respect to the treatment of gender dysphoria, and be the Department’s responsibility to establish standards for the care, ser- cognizant of any changing opinions of leading medical professional vices, and supplies eligible for Medicaid reimbursement. No changes were organizations such as the Endocrine Society or the World Professional As- made to the proposed regulation as a result of these comments. sociation for Transgender Health. Comment: One of the prerequisites for coverage of hormone therapy is that the individual does not suffer from psychiatric comorbidity that Response: The Department will propose future amendments to the interferes with the diagnostic work-up or treatment. The managed care or- regulation if necessitated by an evolving medical consensus on medically ganization recommends that the language be revised to refer to an necessary treatment of gender dysphoria.

7 Rule Making Activities NYS Register/December 7, 2016

determined that the action described herein will have no effect on the environment and an E.I.S. is not needed. Office for People with Consensus Rule Making Determination In conformance with Mental Hygiene Law, OPWDD is updating the Developmental Disabilities existing regulation in Title 14 Part 622 NYCRR to change the agency’s name from “Office of Mental Retardation (OMRDD)” to “Office for People With Developmental Disabilities (OPWDD).” PROPOSED RULE MAKING OPWDD has determined that due to the nature and purpose of these NO HEARING(S) SCHEDULED amendments, and the support for these amendments from individuals with developmental disabilities, family members, and other interested parties, Agency Name Change Terminology Update no person is likely to object to the rule as written. I.D. No. Job Impact Statement PDD-49-16-00001-P OPWDD is not submitting a Job Impact Statement for this proposed rulemaking because this rulemaking will not have a substantial adverse PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- impact on jobs or employment opportunities. cedure Act, NOTICE is hereby given of the following proposed rule: The proposed regulation updates terminology found in Title 14 NYCRR Proposed Action: This is a consensus rule making to amend Part 622 of Part 622 regulations to change the agency’s name from “Office of Mental Title 14 NYCRR. Retardation (OMRDD)” to “Office for People With Developmental Dis- abilities (OPWDD).” The amendments make technical, conforming Statutory authority: Mental Hygiene Law, section 13.09(b) changes that will not result in any increased costs (including staffing costs) Subject: Agency Name Change Terminology Update. or compliance activities. Consequently, the proposed regulation will not Purpose: To update the agency name in Title 14 NYCRR Part 622 have a substantial adverse impact on jobs or employment opportunities. regulations. Text of proposed rule: Section 622.1 is amended as follows: D Paragraphs (a)(2) and (3) (2) … [of Mental Retardation and] for People With … [(OMRDD)] Public Service Commission (OPWDD) … (3) … [OMRDD] OPWDD … [OMRDD] OPWDD … D Subparagraphs (a)(3)(i) and (ii) NOTICE OF WITHDRAWAL (i) … [OMRDD] OPWDD … (ii) … [OMRDD] OPWDD … PURSUANT TO THE PROVISIONS OF THE State D Paragraph (a)(4) Administrative Procedure Act, NOTICE is hereby given of the (4) [of Mental Retardation and] for People With … following actions: Section 622.2 is amended as follows: D Paragraphs (a)(2) and (3) The following rule makings have been withdrawn from (2) … [OMRDD] OPWDD … [OMRDD] OPWDD … consideration: (3) … [OMRDD] OPWDD … [OMRDD] OPWDD. I.D. No. Publication Date of Proposal Section 622.3 is amended as follows: PSC-34-97-00009-P August 27, 1997 D Paragraph (a)(1) PSC-22-03-00020-P June 4, 2003 … … … (1) [OMRDD] OPWDD [OMRDD] OPWDD PSC-34-03-00019-P August 27, 2003 Section 622.4 is amended as follows: D Paragraph (a)(1) PSC-35-03-00009-P September 3, 2003 (1) … [OMRDD] OPWDD … PSC-04-15-00010-P January 28, 2015 D Clause (a)(2)(i)(a) PSC-04-15-00011-P January 28, 2015 (a) … [OMRDD] OPWDD … PSC-26-15-00014-P July 1, 2015 D Subparagraph (a)(2)(ii) PSC-28-15-00006-P July 15, 2015 (ii) … [OMRDD] OPWDD. PSC-31-15-00007-P August 5, 2015 D Clause (a)(4)(i)(b) PSC-32-15-00005-P August 12, 2015 … … (b) [OMRDD] OPWDD PSC-42-15-00013-P October 21, 2015 Section 622.99 is amended as follows: PSC-19-16-00012-P May 11, 2016 D Subdivision (a) (a) … [OMRDD] OPWDD … PSC-38-16-00005-P September 21, 2016 D Subparagraphs (a)(1)(i), (ii) and (iii) PSC-38-16-00009-P September 21, 2016 (i) … [OMRDD] OPWDD … (ii) … [OMRDD] OPWDD … NOTICE OF ADOPTION (iii) … [OMRDD] OPWDD … D Paragraphs (a)(2) and (3) Tariff Amendments to SC No. 1—Residential, Contained in (2) [OMRDD] OPWDD … P.S.C. No. 220—Electricity (3) … [OMRDD] OPWDD … D Subdivisions (c), (d), (e), (h), (i), (k) and (o) I.D. No. PSC-01-14-00017-A (c) … [OMRDD] OPWDD … Filing Date: 2016-11-21 (d) … [OMRDD] OPWDD … Effective Date: 2016-11-21 (e) … [OMRDD] OPWDD … [OMRDD] OPWDD. (h) … [of Mental Retardation and] for People With … (i) … [OMRDD] OPWDD … PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- (k) [OMRDD] OPWDD … [of Mental Retardation and] for People With cedure Act, NOTICE is hereby given of the following action: … Action taken: On 11/17/16, the PSC adopted an order approving Niagara (o) … [OMRDD] OPWDD … Mohawk Power Corporation d/b/a National Grid’s (National Grid) tariff Text of proposed rule and any required statements and analyses may be amendments to Service Classification (SC) No. 1—Residential, contained obtained from: Office of Counsel, Bureau of Policy and Regulatory Af- in P.S.C. No. 220—Electricity. fairs, Office for People With Developmental Disabilities (OPWDD), 44 Statutory authority: Public Service Law, section 66(12) Holland Avenue, 3rd Floor, Albany, NY 12229, (518) 474-7700, email: Subject: Tariff amendments to SC No. 1—Residential, contained in P.S.C. [email protected] No. 220—Electricity. Data, views or arguments may be submitted to: Same as above. Purpose: To approve National Grid’s tariff amendments to SC No. Public comment will be received until: 45 days after publication of this 1—Residential, contained in P.S.C. No. 220—Electricity. notice. Substance of final rule: The Commission, on November 17, 2016, Additional matter required by statute: Pursuant to the requirements of the adopted an order approving Niagara Mohawk Power Corporation d/b/a State Environmental Quality Review Act, OPWDD, as lead agency, has National Grid’s tariff amendments to Service Classification No. 1 – Resi-

8 NYS Register/December 7, 2016 Rule Making Activities dential, contained in P.S.C. No. 220 – Electricity, establishing voluntary 2655, email: [email protected] An IRS employer ID no. or social time-of-use rates, subject to the terms and conditions set forth in the order. security no. is required from firms or persons to be billed 25 cents per Final rule as compared with last published rule: No changes. page. Please use tracking number found on last line of notice in requests. Text of rule may be obtained from: John Pitucci, Public Service Commis- Assessment of Public Comment sion, Three Empire State Plaza, Albany, New York, 12223, (518) 486- An assessment of public comment is not submitted with this notice because 2655, email: [email protected] An IRS employer ID no. or social the rule is within the definition contained in section 102(2)(a)(ii) of the security no. is required from firms or persons to be billed 25 cents per State Administrative Procedure Act. page. Please use tracking number found on last line of notice in requests. (12-G-0202SA5) Assessment of Public Comment NOTICE OF ADOPTION 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 Reimbursement for Trenching Costs State Administrative Procedure Act. (12-E-0201SA4) I.D. No. PSC-47-15-00012-A Filing Date: 2016-11-18 NOTICE OF ADOPTION Effective Date: 2016-11-18 Modifications to Two Electric Economic Development Programs PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- I.D. No. PSC-18-15-00004-A cedure Act, NOTICE is hereby given of the following action: Filing Date: 2016-11-18 Action taken: On 11/17/16, the PSC adopted an order approving Megnin Effective Date: 2016-11-18 Farms at Poolsbrooke, LLC (Megnin) and North Ridge, LLC’s (North Ridge) petition for reimbursement by Niagara Mohawk Power Corpora- tion d/b/a National Grid for trenching costs. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedure Act, NOTICE is hereby given of the following action: Statutory authority: Public Service Law, sections 65 and 66 Subject: Reimbursement for trenching costs. Action taken: On 11/17/16, the PSC adopted an order accepting Niagara Mohawk Power Corporation d/b/a National Grid’s (National Grid) pro- Purpose: To approve Megnin and North Ridge’s petition to be reimbursed posal for modifications to two electric Economic Development Programs. for trenching costs. Statutory authority: Public Service Law, sections 4, 5 and 66 Substance of final rule: The Commission, on November 17, 2016, adopted an order approving Megnin Farms at Poolsbrooke, LLC (Megnin) Subject: Modifications to two electric Economic Development Programs. and North Ridge, LLC’s (North Ridge) petition for reimbursement by Ni- Purpose: To accept National Grid’s proposal for modifications to two agara Mohawk Power Corporation d/b/a National Grid, in the amount of electric Economic Development Programs. $29,925 for Megnin and $53,802 for North Ridge, for trenching costs, Substance of final rule: The Commission, on November 17, 2016, subject to the terms and conditions set forth in the order. adopted an order accepting Niagara Mohawk Power Corporation d/b/a Final rule as compared with last published rule: No changes. National Grid’s proposal for modifications to two electric Economic Text of rule may be obtained from: John Pitucci, Public Service Commis- Development Programs; Building Ready Upstate and Main Street Revital- sion, Three Empire State Plaza, Albany, New York, 12223, (518) 486- ization, subject to the terms and conditions set forth in the order. 2655, email: [email protected] An IRS employer ID no. or social Final rule as compared with last published rule: No changes. security no. is required from firms or persons to be billed 25 cents per Text of rule may be obtained from: John Pitucci, Public Service Commis- page. Please use tracking number found on last line of notice in requests. sion, Three Empire State Plaza, Albany, New York, 12223, (518) 486- Assessment of Public Comment 2655, email: [email protected] An IRS employer ID no. or social An assessment of public comment is not submitted with this notice because security no. is required from firms or persons to be billed 25 cents per the rule is within the definition contained in section 102(2)(a)(ii) of the page. Please use tracking number found on last line of notice in requests. State Administrative Procedure Act. Assessment of Public Comment (15-E-0646SA1) 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 NOTICE OF ADOPTION State Administrative Procedure Act. (12-E-0201SA7) Transfer of Ownership of Joint Use Poles NOTICE OF ADOPTION I.D. No. PSC-50-15-00008-A Filing Date: 2016-11-18 New Gas Economic Development Program Effective Date: 2016-11-18 I.D. No. PSC-18-15-00007-A Filing Date: 2016-11-18 PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedure Act, NOTICE is hereby given of the following action: Effective Date: 2016-11-18 Action taken: On 11/17/16, the PSC adopted an order approving, with modifications, Orange and Rockland Utilities, Inc.’s (O&R) petition to PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- transfer the ownership of 1,064 joint use poles to Frontier Communica- cedure Act, NOTICE is hereby given of the following action: tions Corporation (Frontier). Action taken: On 11/17/16, the PSC adopted an order accepting Niagara Statutory authority: Public Service Law, sections 65, 66 and 70 Mohawk Power Corporation d/b/a National Grid’s (National Grid) pro- Subject: Transfer of ownership of joint use poles. posal for a new gas Economic Development Program. Purpose: To approve O&R’s petition, with modifications, to transfer the Statutory authority: Public Service Law, sections 4, 5 and 66 ownership of 1,064 joint use poles to Frontier. Subject: New gas Economic Development Program. Substance of final rule: The Commission, on November 17, 2016, Purpose: To accept National Grid’s proposal for a new gas Economic adopted an order approving, with modifications, Orange and Rockland Development Program. Utilities, Inc.’s petition to transfer the ownership of 1,064 joint use poles Substance of final rule: The Commission, on November 17, 2016, to Frontier Communications Corporation for a purchase price of adopted an order accepting Niagara Mohawk Power Corporation d/b/a $1,665,179, subject to the terms and conditions set forth in the order. National Grid’s proposal for a new gas Economic Development Program; Final rule as compared with last published rule: No changes. Natural Gas Manufacturing Productivity, subject to the terms and condi- Text of rule may be obtained from: John Pitucci, Public Service Commis- tions set forth in the order. sion, Three Empire State Plaza, Albany, New York 12223, (518) 486-2655, Final rule as compared with last published rule: No changes. email: [email protected] An IRS employer ID no. or social secu- Text of rule may be obtained from: John Pitucci, Public Service Commis- rity no. is required from firms or persons to be billed 25 cents per page. sion, Three Empire State Plaza, Albany, New York, 12223, (518) 486- Please use tracking number found on last line of notice in requests.

9 Rule Making Activities NYS Register/December 7, 2016

Assessment of Public Comment Final rule as compared with last published rule: No changes. An assessment of public comment is not submitted with this notice because Text of rule may be obtained from: John Pitucci, Public Service Commis- the rule is within the definition contained in section 102(2)(a)(ii) of the sion, Three Empire State Plaza, Albany, New York, 12223, (518) 486- State Administrative Procedure Act. 2655, email: [email protected] An IRS employer ID no. or social (15-M-0687SA1) 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. NOTICE OF ADOPTION Assessment of Public Comment An assessment of public comment is not submitted with this notice because Modifications to Seven Electric Economic Development the rule is within the definition contained in section 102(2)(a)(ii) of the Programs State Administrative Procedure Act. (15-G-0759SA1) I.D. No. PSC-51-15-00011-A Filing Date: 2016-11-18 NOTICE OF ADOPTION Effective Date: 2016-11-18 Tariff Amendments PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- I.D. No. PSC-32-16-00008-A cedure Act, NOTICE is hereby given of the following action: Filing Date: 2016-11-21 Action taken: On 11/17/16, the PSC adopted an order accepting Niagara Effective Date: 2016-11-21 Mohawk Power Corporation d/b/a National Grid’s (National Grid) pro- posal for modifications to seven electric Economic Development PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Programs. cedure Act, NOTICE is hereby given of the following action: Statutory authority: Public Service Law, sections 4, 5 and 66 Action taken: On 11/17/16, the PSC adopted an order approving Niagara Subject: Modifications to seven electric Economic Development Mohawk Power Corporation d/b/a National Grid’s (National Grid) Programs. supplemental tariff amendments to Service Classification (SC) No. 14, Purpose: To accept National Grid’s proposal for modifications to seven contained in P.S.C. No. 219—Gas. electric Economic Development Programs. Statutory authority: Public Service Law, section 66 Substance of final rule: The Commission, on November 17, 2016, Subject: Tariff amendments. adopted an order accepting Niagara Mohawk Power Corporation d/b/a Purpose: To approve National Grid’s supplemental tariff amendments to National Grid’s proposal for modifications to seven electric Economic SC No. 14, contained in P.S.C. No. 219—Gas. Development Programs; Capital Investment Incentive, Agri-Business Pro- ductivity, Main Street Revitalization, 3-Phase Power Incentive, Urban Substance of final rule: The Commission, on November 17, 2016, Center/Commercial District Revitalization, Power Quality Enhancement adopted an order approving Niagara Mohawk Power Corporation d/b/a and Targeted Financial Assisstance, subject to the terms and conditions set National Grid’s (National Grid) supplemental tariff amendments to Ser- forth in the order. vice Classification (SC) No. 14 – Gas Transportation Service for Dual Fuel Electric Generators, contained in P.S.C. No. 219 – Gas, specifying Final rule as compared with last published rule: No changes. requirements for customers to be eligible to subscribe to the new proposed Text of rule may be obtained from: John Pitucci, Public Service Commis- Daily Balancing Service and to clarify the definitions of Daily Gas sion, Three Empire State Plaza, Albany, New York, 12223, (518) 486- Purchase Price and Daily Gas Sales Price, subject to the terms and condi- 2655, email: [email protected] An IRS employer ID no. or social tions set forth in the order. security no. is required from firms or persons to be billed 25 cents per Final rule as compared with last published rule: No changes. page. Please use tracking number found on last line of notice in requests. Text of rule may be obtained from: John Pitucci, Public Service Commis- Assessment of Public Comment sion, Three Empire State Plaza, Albany, New York, 12223, (518) 486- An assessment of public comment is not submitted with this notice because 2655, email: [email protected] An IRS employer ID no. or social the rule is within the definition contained in section 102(2)(a)(ii) of the security no. is required from firms or persons to be billed 25 cents per State Administrative Procedure Act. page. Please use tracking number found on last line of notice in requests. (12-E-0201SA8) Assessment of Public Comment An assessment of public comment is not submitted with this notice because NOTICE OF ADOPTION the rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act. Tariff Amendments (15-G-0759SA2) I.D. No. PSC-04-16-00010-A NOTICE OF ADOPTION Filing Date: 2016-11-21 Effective Date: 2016-11-21 Low-Income Energy Efficiency Program I.D. No. PSC-33-16-00004-A PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedure Act, NOTICE is hereby given of the following action: Filing Date: 2016-11-21 Action taken: On 11/17/16, the PSC adopted an order approving Niagara Effective Date: 2016-11-21 Mohawk Power Corporation d/b/a National Grid’s (National Grid) tariff amendments to Service Classification (SC) No. 14, contained in P.S.C. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- No. 219—Gas. cedure Act, NOTICE is hereby given of the following action: Statutory authority: Public Service Law, section 66(12) Action taken: On 11/17/16, the PSC adopted an order approving Massena Subject: Tariff amendments. Electric Department’s (Massena) proposal to implement the Low-Income Purpose: To approve National Grid’s tariff amendments to SC No. 14, Efficiency Program. contained in P.S.C. No. 219—Gas. Statutory authority: Public Service Law, sections 5, 65 and 66 Substance of final rule: The Commission, on November 17, 2016, Subject: Low-Income Energy Efficiency Program. adopted an order approving Niagara Mohawk Power Corporation d/b/a Purpose: To approve Massena’s proposal to implement the Low-Income National Grid’s (National Grid) tariff amendments to Service Classifica- Efficiency Program. tion (SC) No. 14 – Gas Transportation Service for Dual Fuel Electric Generators, contained in P.S.C. No. 219 – Gas, adding and clarifying pro- Substance of final rule: The Commission, on November 17, 2016, visions related to electric generators that take transportation under SC No. adopted an order approving Massena Electric Department’s proposal to 14 and align the provisions with National Grid’s two downstate companies, implement the Low-Income Efficiency Program, subject to the terms and KeySpan Gas East Corporation d/b/a National Grid (KEDLI) and The conditions set forth in the order. Brooklyn Union Gas Company d/b/a National Grid NY (KEDNY), subject Final rule as compared with last published rule: No changes. to the terms and conditions set forth in the order. Text of rule may be obtained from: John Pitucci, Public Service Commis-

10 NYS Register/December 7, 2016 Rule Making Activities sion, Three Empire State Plaza, Albany, New York, 12223, (518) 486- Subject: Transfer of nuclear power plant and continued lightened 2655, email: [email protected] An IRS employer ID no. or social regulation. security no. is required from firms or persons to be billed 25 cents per Purpose: To approve FitzPartick and ExGen’s petition to transfer the page. Please use tracking number found on last line of notice in requests. FitzPatrick Facility to ExGen. Assessment of Public Comment Substance of final rule: The Commission, on November 17, 2016, An assessment of public comment is not submitted with this notice because adopted an order approving Entergy Nuclear FitzPatrick, LLC (FitzPat- the rule is within the definition contained in section 102(2)(a)(ii) of the rick) and Exelon Generation Company, LLC’s (ExGen) petition to transfer State Administrative Procedure Act. the James A. FitzPatrick Nuclear Power Plant Facility (FitzPatrick Facil- (15-E-0307SA2) ity) and related assets from FitzPatrick to ExGen. The lightened regulatory regime applicable to the FitzPatrick Facility will continue unchanged after NOTICE OF ADOPTION the transfer to ExGen, subject to the terms and conditions set forth in the order. Sources and Mechanisms of Funding Related to the Clean Final rule as compared with last published rule: No changes. Energy Standard Text of rule may be obtained from: John Pitucci, Public Service Commis- I.D. No. PSC-37-16-00008-A sion, Three Empire State Plaza, Albany, New York, 12223, (518) 486- Filing Date: 2016-11-17 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 Effective Date: 2016-11-17 page. Please use tracking number found on last line of notice in requests. Assessment of Public Comment PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- An assessment of public comment is not submitted with this notice because cedure Act, NOTICE is hereby given of the following action: the rule is within the definition contained in section 102(2)(a)(ii) of the Action taken: On 11/17/16, the PSC adopted an order approving New State Administrative Procedure Act. York State Energy Research and Development Authority’s (NYSERDA) (16-E-0472SA1) petition for administrative cost recovery, standardized agreements and backstop principles. NOTICE OF ADOPTION Statutory authority: Public Service Law, sections 4(1), 5(1), (2), 66(2); New York Energy Law, section 6-104(5)(b) Tariff Amendments Subject: Sources and mechanisms of funding related to the Clean Energy I.D. No. PSC-37-16-00011-A Standard. Filing Date: 2016-11-21 Purpose: To promote and maintain renewable and zero-emission electric energy resources. Effective Date: 2016-11-21 Substance of final rule: The Commission, on November 17, 2016, adopted an order approving New York State Energy Research and PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Development Authority’s (NYSERDA) petition (1) for a reduced Zero- cedure Act, NOTICE is hereby given of the following action: Emission Credit (ZEC) adder for the recovery of ZEC administrative costs; Action taken: On 11/17/16, the PSC adopted an order approving KeySpan (2) other Renewable Energy Credit (REC) and ZEC administrative costs, Gas East Corporation d/b/a National Grid’s (National Grid LI) tariff reduced from the amounts initially projected by NYSERDA, to be amendments to P.S.C. No. 1—Gas. recovered by NYSERDA from existing fund balances; (3) the form and content of standard ZEC and REC agreements to govern REC and ZEC Statutory authority: Public Service Law, sections 65 and 66 transactions between NYSERDA and the Load-Serving Entities (LSEs); Subject: Tariff amendments. (4) principles for the electric distribution companies to provide a customer Purpose: To approve National Grid LI’s tariff amendments to P.S.C. No. funded financial backstop guarantee mechanism to ensure payments will 1—Gas. be made to REC and ZEC generators; and (5) to direct electric distribution Substance of final rule: The Commission, on November 17, 2016, companies to collaborate with NYSERDA and Staff of the Department of adopted an order approving KeySpan Gas East Corporation d/b/a National Public Service to develop an implementation process to effectuate the Grid’s tariff amendments to revise certain tariff provisions related to ser- backstop mechanism, subject to the terms and conditions set forth in the vice provided to temperature controlled and interruptible customers, order. contained in P.S.C. No. 1 – Gas, subject to the terms and conditions set Final rule as compared with last published rule: No changes. 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 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 (15-E-0302SA6) State Administrative Procedure Act. NOTICE OF ADOPTION (16-G-0485SA1) NOTICE OF ADOPTION Transfer of Nuclear Power Plant and Continued Lightened Regulation Sources and Mechanisms of Funding Related to the Clean I.D. No. PSC-37-16-00009-A Energy Standard Filing Date: 2016-11-17 I.D. No. PSC-37-16-00012-A Effective Date: 2016-11-17 Filing Date: 2016-11-17 Effective Date: 2016-11-17 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- Action taken: On 11/17/16, the PSC adopted an order approving Entergy cedure Act, NOTICE is hereby given of the following action: Nuclear FitzPatrick, LLC (FitzPatrick) and Exelon Generation Company, Action taken: On 11/17/16, the PSC adopted an order approving New LLC’s (ExGen) petition to transfer the FitzPatrick Facility and related as- York State Energy Research and Development Authority’s (NYSERDA) sets to ExGen. petition for administrative cost recovery, standardized agreements and Statutory authority: Public Service Law, section 70 backstop principles.

11 Rule Making Activities NYS Register/December 7, 2016

Statutory authority: Public Service Law, sections 4(1), 5(1), (2), 66(2); NOTICE OF ADOPTION New York Energy Law, section 6-104(5)(b) Subject: Sources and mechanisms of funding related to the Clean Energy Tariff Amendments to Establish Net Energy Metering Limits of Standard. Farm Waste Electric Generating Equipment Purpose: To promote and maintain renewable and zero-emission electric I.D. No. PSC-38-16-00008-A energy resources. Filing Date: 2016-11-17 Substance of final rule: The Commission, on November 17, 2016, Effective Date: 2016-11-17 adopted an order approving New York State Energy Research and Development Authority’s (NYSERDA) petition (1) for a reduced Zero- PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Emission Credit (ZEC) adder for the recovery of ZEC administrative costs; cedure Act, NOTICE is hereby given of the following action: (2) other Renewable Energy Credit (REC) and ZEC administrative costs, Action taken: On 11/17/16, the PSC adopted an order directing the major reduced from the amounts initially projected by NYSERDA, to be electric utilities to file tariff amendments to establish the 2 Megawatt recovered by NYSERDA from existing fund balances; (3) the form and (MW) limit for net energy metering of farm waste electric generating content of standard ZEC and REC agreements to govern REC and ZEC equipment. transactions between NYSERDA and the Load-Serving Entities (LSEs); Statutory authority: Public Service Law, sections 5(1)(b), 64, 65(1), 66(1), (4) principles for the electric distribution companies to provide a customer (5), (9), (10), (12) and 66-j funded financial backstop guarantee mechanism to ensure payments will Subject: Tariff amendments to establish net energy metering limits of be made to REC and ZEC generators; and (5) to direct electric distribution farm waste electric generating equipment. companies to collaborate with NYSERDA and Staff of the Department of Purpose: To direct the major electric utilities to file tariff amendments Public Service to develop an implementation process to effectuate the establishing net energy metering limits. backstop mechanism, subject to the terms and conditions set forth in the Substance of final rule: The Commission, on November 17, 2016, order. adopted an order directing Central Hudson Gas and Electric Corporation, Consolidated Edison Company of New York, Inc., New York State Electric Final rule as compared with last published rule: No changes. and Gas Corporation, Niagara Mohawk Power Corporation d/b/a National Text of rule may be obtained from: John Pitucci, Public Service Commis- Grid, Orange and Rockland Utilities, Inc., and Rochester Gas and Electric sion, Three Empire State Plaza, Albany, New York, 12223, (518) 486- Corporation to file tariff amendments to effectuate changes to Public Ser- 2655, email: [email protected] An IRS employer ID no. or social vice Law § 66-j, establishing a 2 Megawatt limit for net energy metering security no. is required from firms or persons to be billed 25 cents per of farm waste electric generating equipment, and the Standardized page. Please use tracking number found on last line of notice in requests. Interconnection Requirements to implement the new statutory provisions, subject to the terms and conditions set forth in the order. Assessment of Public Comment Final rule as compared with last published rule: No changes. An assessment of public comment is not submitted with this notice because Text of rule may be obtained from: John Pitucci, Public Service Commis- the rule is within the definition contained in section 102(2)(a)(ii) of the sion, Three Empire State Plaza, Albany, New York, 12223, (518) 486- State Administrative Procedure Act. 2655, email: [email protected] An IRS employer ID no. or social (15-E-0302SA7) 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. NOTICE OF ADOPTION Assessment of Public Comment An assessment of public comment is not submitted with this notice because Tariff Amendments the rule is within the definition contained in section 102(2)(a)(ii) of the I.D. No. PSC-37-16-00013-A State Administrative Procedure Act. (16-E-0497SA1) Filing Date: 2016-11-21 Effective Date: 2016-11-21 PROPOSED RULE MAKING NO HEARING(S) SCHEDULED PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedure Act, NOTICE is hereby given of the following action: Transfer of Certain Street Lighting Facilities Located in the Town of Ramapo Action taken: On 11/17/16, the PSC adopted an order approving The Brooklyn Union Gas Company d/b/a National Grid NY’s (National Grid I.D. No. PSC-49-16-00002-P NY) tariff amendments to P.S.C. No. 12—Gas. Statutory authority: Public Service Law, sections 65 and 66 PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Subject: Tariff amendments. cedure Act, NOTICE is hereby given of the following proposed rule: Proposed Action: The Commission is considering a petition filed by Purpose: To approve National Grid NY’s tariff amendments to P.S.C. No. Orange and Rockland Utilities, Inc. to transfer certain street lighting facil- 12—Gas. ities to the Town of Ramapo, located in the Town of Ramapo, Rockland Substance of final rule: The Commission, on November 17, 2016, County, New York. adopted an order approving The Brooklyn Union Gas Company d/b/a Statutory authority: Public Service Law, sections 65, 66 and 70 National Grid NY’s tariff amendments to revise certain tariff provisions Subject: Transfer of certain street lighting facilities located in the Town of related to service provided to temperature controlled and interruptible Ramapo. customers, contained in P.S.C. No. 12 – Gas, subject to the terms and Purpose: To consider the transfer of certain street lighting facilities from conditions set forth in the order. Orange and Rockland Utilities, Inc. to the Town of Ramapo. Final rule as compared with last published rule: No changes. Substance of proposed rule: The Public Service Commission is consider- ing a petition, filed November 10, 2016, by Orange and Rockland Utili- Text of rule may be obtained from: John Pitucci, Public Service Commis- ties, Inc. (Company) for authorization to transfer certain street lighting fa- sion, Three Empire State Plaza, Albany, New York, 12223, (518) 486- cilities (Facilities) to the Town of Ramapo, a New York municipal 2655, email: [email protected] An IRS employer ID no. or social corporation. The Facilities consist of luminaries, lamps, mast arms, their security no. is required from firms or persons to be billed 25 cents per associated wiring, electrical connections, and appurtenances. The purchase page. Please use tracking number found on last line of notice in requests. price for these Facilities is $435,740, plus any accrued taxes as set forth in Assessment of Public Comment the agreement attached to the petition. The Company proposes to defer An assessment of public comment is not submitted with this notice because 100 percent of the net after-tax proceeds on the sale of the Facilities, plus accrued interest at the Commission-approved other customer provided the rule is within the definition contained in section 102(2)(a)(ii) of the capital rate, for the future benefit of the Company’s electric customers. State Administrative Procedure Act. The Commission may adopt, reject, or modify, in whole or in part, the (16-G-0486SA1) relief proposed and may resolve related matters.

12 NYS Register/December 7, 2016 Rule Making Activities

Text of proposed rule and any required statements and analyses may be waivers filed by Citizens Telecommunications Company of New York, obtained by filing a Document Request Form (F-96) located on our Inc. in connection with a cable television franchise for the Town of website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Deerpark. Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New Statutory authority: Public Service Law, sections 215, 216 and 221 York 12223-1350, (518) 486-2655, email: [email protected] Subject: Waiver of certain rules and requirements pertaining to cable tele- Data, views or arguments may be submitted to: Kathleen H. Burgess, vision franchise. Public Service Commission, 3 Empire State Plaza, Albany, New York Purpose: To determine whether to waive any regulations. 12223-1350, (518) 474-6530, email: [email protected] Substance of proposed rule: The Commission is considering a petition Public comment will be received until: 45 days after publication of this filed by Citizens Telecommunications Company of New York, Inc. d/b/a/ notice. Frontier Communications of New York, for certain waivers in connection Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural with its proposed cable television franchise agreement with the Town of Area Flexibility Analysis and Job Impact Statement Deerpark. Frontier requests full or partial waivers of 16 NYCRR § § 890, 895 with respect to build out requirements, installation intervals, system Statements and analyses are not submitted with this notice because the description, and public, educational and governmental access availability. proposed rule is within the definition contained in section 102(2)(a)(ii) of The full text of the petition may be reviewed online at the Department of the State Administrative Procedure Act. Public Service web page: www.dps.ny.gov. The Commission may adopt, (16-E-0636SP1) reject or modify, in whole or in part, the relief proposed and may resolve related matters. PROPOSED RULE MAKING Text of proposed rule and any required statements and analyses may be NO HEARING(S) SCHEDULED obtained by filing a Document Request Form (F-96) located on our website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New Stock Acquisition York 12223-1350, (518) 486-2655, email: [email protected] I.D. No. PSC-49-16-00003-P Data, views or arguments may be submitted to: Kathleen H. Burgess, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 474-6530, email: [email protected] PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Public comment will be received until: 45 days after publication of this cedure Act, NOTICE is hereby given of the following proposed rule: notice. Proposed Action: The Public Service Commission is considering a peti- Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural tion to transfer all S&S Rhinebeck Water—Works Corporation stock from Area Flexibility Analysis and Job Impact Statement The Stop & Shop Supermarket Company, LLC to RIC Rhinebeck Associ- Statements and analyses are not submitted with this notice because the ates, LLC and MHMG-KM Rhinebeck, LLC. proposed rule is within the definition contained in section 102(2)(a)(ii) of Statutory authority: Public Service Law, sections 4(1), 5(1)(f), 89-c(1), the State Administrative Procedure Act. (10) and 89-h(1) (16-V-0645SP1) Subject: Stock Acquisition. PROPOSED RULE MAKING Purpose: To consider the transfer of all S&S Rhinebeck Water-Works Corporation stock to RIC Rhinebeck and MHMG-KM Rhinebeck. NO HEARING(S) SCHEDULED Text of proposed rule: The Public Service Commission is considering a petition filed October 3, 2016 by The Stop & Shop Supermarket Company, Waiver of Certain Rules and Requirements Pertaining to Cable LLC (Stop & Shop), RIC Rhinebeck Associates, LLC (RIC), MHMG-KM Television Franchise Rhinebeck, LLC (MHMG-KM), and S&S Rhinebeck Water-Works I.D. No. PSC-49-16-00005-P Corporation (the Corporation) for the transfer of all outstanding shares of the Corporation from Stop & Shop equally to RIC and MHMG-KM for no consideration pursuant to section 89-h of the Public Service Law. The PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Corporation provides water for domestic and firefighting service to three cedure Act, NOTICE is hereby given of the following proposed rule: customers in the Town of Rhinebeck, Dutchess County. The Commission Proposed Action: The Commission is considering a petition for certain may adopt, reject, or modify, in whole or in part, the relief proposed and waivers filed by Frontier Telephone of Rochester, Inc. in connection with may resolve related matters. a cable television franchise for the Town of Gates. Text of proposed rule and any required statements and analyses may be Statutory authority: Public Service Law, sections 215, 216 and 221 obtained by filing a Document Request Form (F-96) located on our Subject: Waiver of certain rules and requirements pertaining to cable tele- website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John vision franchise. Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New Purpose: To determine whether to waive any regulations. York 12223-1350, (518) 486-2655, email: [email protected] Substance of proposed rule: The Commission is considering a petition Data, views or arguments may be submitted to: Kathleen H. Burgess, filed by Frontier Telephone of Rochester, Inc., for certain waivers in con- Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New nection with its proposed cable television franchise agreement with the York 12223-1350, (518) 474-6530, email: [email protected] Town of Gates. Frontier requests full or partial waivers of 16 NYCRR § § Public comment will be received until: 45 days after publication of this 890, 895 with respect to build out requirements, installation intervals, notice. system description, and public, educational and governmental access availability. The full text of the petition may be reviewed online at the Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Department of Public Service web page: www.dps.ny.gov. The Commis- Area Flexibility Analysis and Job Impact Statement sion may adopt, reject or modify, in whole or in part, the relief proposed Statements and analyses are not submitted with this notice because the and may resolve related matters. proposed rule is within the definition contained in section 102(2)(a)(ii) of Text of proposed rule and any required statements and analyses may be the State Administrative Procedure Act. obtained by filing a Document Request Form (F-96) located on our (16-W-0557SP1) website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New PROPOSED RULE MAKING York 12223-1350, (518) 486-2655, email: [email protected] NO HEARING(S) SCHEDULED Data, views or arguments may be submitted to: Kathleen H. Burgess, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New Waiver of Certain Rules and Requirements Pertaining to Cable York 12223-1350, (518) 474-6530, email: [email protected] Television Franchise Public comment will be received until: 45 days after publication of this notice. I.D. No. PSC-49-16-00004-P Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Statements and analyses are not submitted with this notice because the cedure Act, NOTICE is hereby given of the following proposed rule: proposed rule is within the definition contained in section 102(2)(a)(ii) of Proposed Action: The Commission is considering a petition for certain the State Administrative Procedure Act.

13 Rule Making Activities NYS Register/December 7, 2016

(16-V-0656SP1) Text of proposed rule and any required statements and analyses may be obtained by filing a Document Request Form (F-96) located on our PROPOSED RULE MAKING website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New NO HEARING(S) SCHEDULED York 12223-1350, (518) 486-2655, email: [email protected] Data, views or arguments may be submitted to: Kathleen H. Burgess, Waiver of Certain Rules and Requirements Pertaining to Cable Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New Television Franchise York 12223-1350, (518) 474-6530, email: [email protected] I.D. No. PSC-49-16-00006-P Public comment will be received until: 45 days after publication of this notice. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural cedure Act, NOTICE is hereby given of the following proposed rule: Area Flexibility Analysis and Job Impact Statement Statements and analyses are not submitted with this notice because the Proposed Action: The Commission is considering a petition for certain waivers filed by Frontier Communications of New York, Inc. in connec- proposed rule is within the definition contained in section 102(2)(a)(ii) of tion with a cable television franchise for the Town of Goshen. the State Administrative Procedure Act. Statutory authority: Public Service Law, sections 215, 216 and 221 (16-V-0668SP1) Subject: Waiver of certain rules and requirements pertaining to cable tele- vision franchise. Purpose: To determine whether to waive any regulations. Office of Temporary and Substance of proposed rule: The Commission is considering a petition filed by Frontier Communications of New York, Inc., for certain waivers Disability Assistance in connection with its proposed cable television franchise agreement with the Town of Goshen. Frontier requests full or partial waivers of 16 NYCRR § § 890, 895 with respect to build out requirements, installation NOTICE OF ADOPTION intervals, system description, and public, educational and governmental access availability. The full text of the petition may be reviewed online at Standard Utility Allowances (SUAs) for the Supplemental the Department of Public Service web page: www.dps.ny.gov. The Com- mission may adopt, reject or modify, in whole or in part, the relief Nutrition Assistance Program (SNAP) proposed and may resolve related matters. I.D. No. TDA-39-16-00010-A Text of proposed rule and any required statements and analyses may be Filing No. 1062 obtained by filing a Document Request Form (F-96) located on our Filing Date: 2016-11-22 website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New Effective Date: 2016-12-07 York 12223-1350, (518) 486-2655, email: [email protected] Data, views or arguments may be submitted to: Kathleen H. Burgess, PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New cedure Act, NOTICE is hereby given of the following action: York 12223-1350, (518) 474-6530, email: [email protected] Action taken: Amendment of section 387.12 of Title 18 NYCRR. Public comment will be received until: 45 days after publication of this Statutory authority: Social Services Law, sections 17(a)-(b), (j), 20(3)(d), notice. 95; 7 United States Code section 2014(e)(6)(C); and 7 Code of Federal Regulations section 273.9(d)(6)(iii) Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement Subject: Standard Utility Allowances (SUAs) for the Supplemental Nutri- tion Assistance Program (SNAP). 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 Purpose: These regulatory amendments set forth the federally mandated and approved SUAs as of 10/1/16. the State Administrative Procedure Act. Text or summary was published in the September 28, 2016 issue of the (16-V-0575SP1) Register, I.D. No. TDA-39-16-00010-EP. PROPOSED RULE MAKING Final rule as compared with last published rule: No changes. Text of rule and any required statements and analyses may be obtained NO HEARING(S) SCHEDULED from: Richard P. Rhodes, Jr., New York State Office of Temporary and Disability Assistance, 40 North Pearl Street, Floor 16C, Albany, NY Waiver of Certain Rules and Requirements Pertaining to Cable 12243-0001, (518) 486-7503, email: [email protected] Television Franchise Initial Review of Rule I.D. No. PSC-49-16-00007-P As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2019, which is no later than the 3rd year af- ter the year in which this rule is being adopted. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedure Act, NOTICE is hereby given of the following proposed rule: Assessment of Public Comment The agency received no public comment. Proposed Action: The Commission is considering a petition for certain waivers filed by Citizens Telecommunications Company of New York, Inc. in connection with a cable television franchise for the City of Port Jervis. Triborough Bridge and Tunnel Statutory authority: Public Service Law, sections 215, 216 and 221 Subject: Waiver of certain rules and requirements pertaining to cable tele- Authority vision franchise. Purpose: To determine whether to waive any regulations. Substance of proposed rule: The Commission is considering a petition PROPOSED RULE MAKING filed by Citizens Telecommunications Company of New York, Inc. d/b/a Frontier Communications of New York, for certain waivers in connection HEARING(S) SCHEDULED with its proposed cable television franchise agreement with the City of Port Jervis, Orange County. Specifically, Frontier requests full or partial Proposal to Establish a New Crossing Charge Schedule for Use of waivers of 16 NYCRR § § 890, 895 with respect to build out require- Bridges and Tunnels Operated by TBTA ments, installation intervals, system description, and public, educational I.D. No. TBA-49-16-00008-P and governmental access availability. The full text of the petition may be reviewed online at the Department of Public Service web page: www.dps.ny.gov. The Commission may adopt, reject or modify, in whole PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- or in part, the relief proposed and may resolve related matters. cedure Act, NOTICE is hereby given of the following proposed rule:

14 NYS Register/December 7, 2016 Rule Making Activities

Proposed Action: Repeal of Part 1021.1; and addition of new Part 1021.1 to Title 21 NYCRR. Statutory authority: Public Authorities Law, section 553(5) Subject: Proposal to establish a new crossing charge schedule for use of bridges and tunnels operated by TBTA. Purpose: Proposal to raise additional revenue. Public hearing(s) will be held at: 5:00 p.m., Dec. 5, 2016 at York College, 94-20 Guy Brewer Blvd., Jamaica, NY; 5:00 p.m., Dec. 6, 2016 at College of Staten Island, 2800 Victory Blvd., Staten Island, NY; 5:00 p.m., Dec. 7, 2016 at Hilton Long Island, 598 Broad Hollow Rd., Melville, NY; 5:00 p.m., Dec. 8, 2016 at Baruch College, 17 Lexington Ave., Manhattan, NY; 5:00 p.m., Dec. 13, 2016 at Hostos Center for the Arts and Culture, Main Theater, 450 Grand Concourse at 149th St., Bronx, NY; 5:00 p.m., Dec. 15, 2016 at Crowne Plaza Suffern, Montebello Ballroom, Three Executive Blvd., Suffern, NY; 6:00 p.m., Dec. 19, 2016 at Brooklyn College, Walt Whitman Theater, 2900 Campus Rd. (near the junction of Norstrand Ave. and Ave. H), Brooklyn, NY; 5:00 p.m., Dec. 20, 2016 at New York Power Authority, Jaguar Rm., 123 Main St., White Plains, NY. Interpreter Service: Interpreter services will be made available to hearing impaired persons, at no charge, upon written request submitted within rea- sonable time prior to the scheduled public hearing. The written request must be addressed to the agency representative designated in the paragraph below. Accessibility: All public hearings have been scheduled at places reason- ably accessible to persons with a mobility impairment. Text of proposed rule: See Appendix in the back of this issue. Text of proposed rule and any required statements and analyses may be obtained from: M. Margaret Terry, Esq., Triborough Bridge and Tunnel Authority, 2 Broadway, 24th Floor, New York, New York 10004, (646) 252-7619, email: [email protected] Data, views or arguments may be submitted to: Same as above. Public comment will be received until: 45 days after publication of this notice. Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement 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 the State Administrative Procedure Act.

15 Rule Making Activities NYS Register/December 7, 2016

HEARINGS SCHEDULED FOR PROPOSED RULE MAKINGS Agency I.D. No. Subject Matter Location—Date—Time State, Department of DOS-46-16-00007-P ...... Sugarhouse alternative activity provisions Department of State, 99 Washington Ave., Rm. 505, Albany, NY—Jan. 3, 2017, 10:00 a.m. Triborough Bridge and Tunnel Authority TBA-49-16-00008-P ...... Proposal to establish a new crossing charge York College, 94-20 Guy Brewer Blvd., schedule for use of bridges and tunnels oper- Jamaica, NY—Dec. 5, 2016, 5:00 p.m. ated by TBTA College of Staten Island, 2800 Victory Blvd., Staten Island, NY—Dec. 6, 2016, 5:00 p.m. Hilton Long Island, 598 Broad Hollow Rd., Melville, NY—Dec. 7, 2016, 5:00 p.m. Baruch College, 17 Lexington Ave., Manhat- tan, NY—Dec. 8, 2016, 5:00 p.m. Hostos Center for the Arts and Culture, Main Theater, 450 Grand Concourse at 149th St., Bronx, NY—Dec. 13, 2016, 5:00 p.m. Crowne Plaza Suffern, Montebello Ballroom, Three Executive Blvd., Suffern, NY—Dec. 15, 2016, 5:00 p.m. Brooklyn College, Walt Whitman Theater, 2900 Campus Rd. (near the junction of Norstrand Ave. and Ave. H), Brooklyn, NY— Dec. 19, 2016, 6:00 p.m. New York Power Authority, Jaguar Rm., 123 Main St., White Plains, NY—Dec. 20, 2016, 5:00 p.m.

16 NYS Register/December 7, 2016 Action Pending Index

ACTION PENDING INDEX

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

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

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 To incorporate NIST Handbook 44 (2016 Technology (‘‘NIST’’) Handbook 44; receipts edition); to allow handwritten taxicab receipts; issued by taxicab operators, digital scales to liberalize scale requirements

AAM-42-16-00006-P ...... 10/19/17 Sanitation in retail food stores and method of To cause the republication of regulations sale, at retail, of certain food governing retail food stores and the method of sale of certain foods at retail

AAM-47-16-00005-EP ...... 11/23/17 Growth, cultivation, sale, distribution, To allow industrial hemp to be sold, distributed, transportation, and processing of industrial transported and processed hemp

AUDIT AND CONTROL, DEPARTMENT OF

AAC-46-16-00019-P ...... 11/16/17 Contract Award Protest Procedure for Sets forth the procedure to be used when an Contract Awards Subject to The Comptroller’s interested party challenges certain contract Approval awards by a public contracting entity

CHILDREN AND FAMILY SERVICES, OFFICE OF

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-45-16-00001-P ...... 11/09/17 Criminal history checks of prospective foster To implement changes to the Social Services and adoptive parents and adult household Law regarding criminal history checks members

17 Action Pending Index NYS Register/December 7, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

CIVIL SERVICE, DEPARTMENT OF

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

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

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

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

CVS-11-16-00003-P ...... 03/16/17 Jurisdictional Classification 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 Jurisdictional Classification To classify a position in the exempt class

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

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

CVS-15-16-00007-P ...... 04/13/17 Jurisdictional Classification To delete positions from and classify positions in the exempt and non-competitive classes

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

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

CVS-20-16-00006-P ...... 05/18/17 Jurisdictional Classification 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

18 NYS Register/December 7, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

CIVIL SERVICE, DEPARTMENT OF

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

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

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

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

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

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

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

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

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

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

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

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

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

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

19 Action Pending Index NYS Register/December 7, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

CIVIL SERVICE, DEPARTMENT OF

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CORRECTION, STATE COMMISSION OF

CMC-44-16-00022-P ...... 11/02/17 Annual report of pregnant inmate restraint To prescribe a form and manner for local correctional facilities to submit a statutorily required annual report

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

20 NYS Register/December 7, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

CRIMINAL JUSTICE SERVICES, DIVISION OF

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-RP ...... 05/10/17 School counseling, certification requirements To implement policy enacted by the Board of for school counselors and the school Regents to enhance existing public school counselor 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 for Licensed Dentists of 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-ERP ...... 07/06/17 Superintendent determination as to academic To expand the safety net options for students proficiency for certain students with with disabilities to graduate with local diplomas disabilities to graduate with a local diploma when certain conditions are met

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 Development and Occupational Studies approval of work-readiness assessments for (CDOS) Commencement Credential the CDOS credential

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

EDU-42-16-00001-EP ...... 10/19/17 Establishment of tuition rates To clarify that the Education Department maintains discretion in establishing tuition rates based on a financial audit

EDU-44-16-00012-P ...... 11/02/17 Education requirements for Occupational Provides that licenses may be granted to Therapists and Occupational Therapy applicants who have completed education Assistants exceeding current requirements for licensure

EDU-44-16-00013-EP ...... 11/02/17 Teacher certification examination To establish additional safety nets for the requirements content specialty examinations

EDU-44-16-00023-P ...... 11/02/17 Posting of Child Abuse Hotline Number and To implement the requirements of Chapter 105 Instructions to Use Office of Children and of the Laws of 2016 Family Services Website

EDU-45-16-00005-EP ...... 11/09/17 Annual Professional Performance Reviews To provide New York City with flexibility in the (APPR) of classroom teachers and building student performance category for teacher and principals principal evaluations.

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

21 Action Pending Index NYS Register/December 7, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

EDUCATION DEPARTMENT

EDU-48-16-00007-P ...... 11/30/17 Extension of time validity of certificates To automatically provide for a three year time extension, instead of initial two-year extension for certain candidates

ENVIRONMENTAL CONSERVATION, DEPARTMENT OF

*ENV-45-15-00028-RP ...... 02/07/17 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

ENV-51-15-00005-P ...... 12/22/16 Big bore air rifles 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-19-16-00006-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-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-17-16-00003-P ...... exempt Plan of Conversion by Commercial Travelers To convert a mutual accident and health Mutual Insurance Company insurance company to a stock accident and health insurance company

DFS-39-16-00007-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

22 NYS Register/December 7, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

FINANCIAL SERVICES, DEPARTMENT OF

DFS-45-16-00003-P ...... 11/09/17 Agent Training Allowance Subsidies To update the limits of training allowance subsidies contained in 11 NYCRR 12 (Regulation 50)

DFS-47-16-00006-P ...... 11/23/17 Regs Implementing Comprehensive Motor To update references to the address of the Veh Ins Reparations Act; Unfair Claims Department’s Long Island office Settlement Practices & Claim Cost Control Measures

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

GAMING COMMISSION, NEW YORK STATE

SGC-37-16-00007-P ...... 09/14/17 Require thoroughbred 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-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

SGC-42-16-00002-P ...... 10/19/17 Casino alcoholic beverage licenses To regulate the presence and sale of alcoholic beverages on the premises of gaming facilities

SGC-42-16-00003-P ...... 10/19/17 Prescribing methods of notice to applicants, To set forth the methods of notice and restrict registrants, and licensees and restrictions on employee wagering employee wagering

SGC-42-16-00004-P ...... 10/19/17 To set forth the standards for electronic table To prescribe the technical standards for the game systems testing and certification of electronic table game systems

SGC-45-16-00002-P ...... 11/09/17 Permit jockeys to wear trade logos and own To preserve the safety and integrity of pari- name on jockey clothing mutuel racing while generating reasonable revenue for the support of government

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

SGC-47-16-00002-P ...... 11/23/17 Bonding of video lottery agents to prevent To revise the manner in which the bond potential loss of State revenue earned from amount required from each VLG agent is video lottery gaming (‘‘VLG’’) determined, reflecting current vendor fees

SGC-47-16-00017-P ...... 11/23/17 Expands the conflict of interest restrictions on To ensure the integrity of harness racing racing secretaries and their assistants and substitutes

HEALTH, DEPARTMENT OF

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

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

23 Action Pending Index NYS Register/December 7, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

HEALTH, DEPARTMENT OF

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-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

HLT-47-16-00007-P ...... 11/23/17 Direct Clinical Services-Supervised Individual To exclude direct clinical services from the Residential Alternatives (IRAs), Community reimbursement for Supervised IRAs, CRs and Residences (CRs) & Day Habilitation Day Habilitation

HLT-48-16-00008-P ...... 11/30/17 Medical Use of Marihuana - Physician To authorize physician assistants to register Assistants with DOH in order to issue certifications to patients with qualifying conditions

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 Adjudicatory proceedings and appeals 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

LAB-42-16-00015-P ...... 10/19/17 Minimum Wage To comply with chapter 54 of the Laws of 2016 that increased the minimum wage

LAB-42-16-00016-P ...... 12/05/17 Farm Worker Minimum Wage To comply with chapter 54 of the Laws of 2016 that increased the minimum wage

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

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

24 NYS Register/December 7, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

LONG ISLAND POWER AUTHORITY

*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-46-16-00020-P ...... 11/16/17 Hearings for persons who persistently evade To hold hearings for persons subject to a the payment of tolls registration suspension due to persistently evading the payment of tolls

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

PEOPLE WITH DEVELOPMENTAL DISABILITIES, OFFICE FOR

PDD-49-16-00001-P ...... 12/07/17 Agency Name Change Terminology Update To update the agency name in Title 14 NYCRR Part 622 regulations

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

25 Action Pending Index NYS Register/December 7, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

*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 Utilities Company books and records out-of-state

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

*PSC-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

*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 To set forth the rates, charges, rules and Association 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

26 NYS Register/December 7, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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 To defer an item of expense beyond the end of Gas 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

*PSC-22-01-00006-P ...... exempt Con Edison’s phase 4 plan for retail access To review the request for rehearing by 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 Natural Gas Corporation gas 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

27 Action Pending Index NYS Register/December 7, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

*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 To consider filings of various LDCs and gas cost recoveries municipalities

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

*PSC-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 To continue the credit and account until May transition balancing account by KeySpan Gas 31, 2005 East Corporation

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

28 NYS Register/December 7, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

29 Action Pending Index NYS Register/December 7, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

*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.

30 NYS Register/December 7, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

31 Action Pending Index NYS Register/December 7, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

32 NYS Register/December 7, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

33 Action Pending Index NYS Register/December 7, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

34 NYS Register/December 7, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

35 Action Pending Index NYS Register/December 7, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

36 NYS Register/December 7, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

37 Action Pending Index NYS Register/December 7, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

38 NYS Register/December 7, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

39 Action Pending Index NYS Register/December 7, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

*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

40 NYS Register/December 7, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

*PSC-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

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

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

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

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

*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 provision of water service by Saratoga Water order approving the proposed provision of Services, Inc. is in the public interest water service

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

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

41 Action Pending Index NYS Register/December 7, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

42 NYS Register/December 7, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

*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

43 Action Pending Index NYS Register/December 7, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

*PSC-24-13-00009-P ...... exempt Repowering options for the Cayuga To establish whether utility plans should include generating station located in Lansing, New repowering options for the Cayuga generating York, and alternatives station, or other alternatives

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

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

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

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

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

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

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

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

44 NYS Register/December 7, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

45 Action Pending Index NYS Register/December 7, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

*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-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 Incentive Programs. Non-Residential Conservation Incentive Program.

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

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

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

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

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

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

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

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

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

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

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

46 NYS Register/December 7, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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.

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

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

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

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

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

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

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

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

47 Action Pending Index NYS Register/December 7, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

*PSC-32-14-00009-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 To consider regulation of a proposed electricity generation facility located in the Town of generation facility located in the Town of Brookhaven, NY Brookhaven, NY

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

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

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

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

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

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

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

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

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

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

48 NYS Register/December 7, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

*PSC-01-15-00017-P ...... exempt Reimbursement of costs for construction To determine proper reimbursement for costs under 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

49 Action Pending Index NYS Register/December 7, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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-04-15-00012-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 rates payphone 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 billing program. its summary billing program.

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

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

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

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

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

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

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

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

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

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

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

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

50 NYS Register/December 7, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

*PSC-35-15-00011-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

*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

51 Action Pending Index NYS Register/December 7, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

PSC-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

52 NYS Register/December 7, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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, To consider amendment to Section 5, Attachment 1.A of the Uniform Business Attachment 1.A of the Uniform Business Practices Practices

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

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

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

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

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

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

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

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

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

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

PSC-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-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-11-16-00016-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

53 Action Pending Index NYS Register/December 7, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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 To consider an increase in Rolling Meadows for 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

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

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

PSC-15-16-00010-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

54 NYS Register/December 7, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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.

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

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

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

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

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

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

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

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

PSC-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.

55 Action Pending Index NYS Register/December 7, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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-25-16-00014-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.

PSC-25-16-00016-P ...... exempt Consideration of the Orange and Rockland To consider Orange and Rockland Utilities, Utilities, Inc. Implementation Plan and audit Inc.’s 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 To ensure appropriate consumer protections in Data Security Agreement. Community Choice Aggregation programs.

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

PSC-25-16-00020-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.

56 NYS Register/December 7, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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 the Village of Kiryas Joel. Co., Inc. by the Village of Kiryas Joel.

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

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

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-28-16-00015-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 Model Policy Framework. reliability 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 calculation of the distributed generation Policy Framework. reliability 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.

57 Action Pending Index NYS Register/December 7, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-29-16-00022-P ...... exempt Petitions for Rehearing of the Commission’s To establish rates, terms, and conditions for Order Adopting Low Income Program low 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 Network Residential Gas Interface and IMU 300A. Management Unit - IMU 300 and IMU 300A.

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

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

PSC-30-16-00005-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 To consider Verizon’s waiver petition certain wholesale service quality metrics. concerning 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.

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

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

58 NYS Register/December 7, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

PSC-33-16-00006-P ...... exempt Lightened regulatory regime applicable to To determine the extent to which Indeck Indeck Corinth Limited Partnership. Corinth 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.

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.

59 Action Pending Index NYS Register/December 7, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

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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% Hoey-DeGraw by NYAW and to address other of 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 service. installation of electric service.

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

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

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

PSC-39-16-00012-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.

60 NYS Register/December 7, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

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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.

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 Inc.’s replevin acts and practices. New York, Inc.’s replevin acts and practices.

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

PSC-40-16-00001-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 To establish rates, terms, and conditions for the filed by New York State Electric and Gas Companies’ low income utility programs. Corp. and Rochester Gas & Electric Corp.

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

61 Action Pending Index NYS Register/December 7, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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 To establish rates, terms, and conditions for the filed by National Fuel Gas Distribution Company’s low income utility programs. Corporation.

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

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

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

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

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

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 96.5(a) and 96.6(b) NYCRR sections 96.5(a) and 96.6(b)

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

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

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

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

62 NYS Register/December 7, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-40-16-00022-P ...... exempt The addition of LED lighting options to SC To consider the addition of LED lighting options No. 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.

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 new and unanticipated conditions in 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

PSC-42-16-00005-EP ...... exempt Appointment of a temporary operator for To ensure the provision of safe and adequate Whitlock Farms Water Company and New water service to customers by appointment of a Vernon Water Company temporary operator

PSC-42-16-00007-P ...... exempt New communications protocols for To establish new communications protocols to interruptible customers. ensure that interruptible customers have sufficient back-up fuel.

PSC-42-16-00008-P ...... exempt Annual Reconciliation of Gas Expenses and To consider filings of LDCs and municipalities Gas Cost Recoveries. regarding their Annual Reconciliation of Gas Expenses and Gas Cost Recoveries.

PSC-42-16-00009-P ...... exempt Petition to submeter electricity. To consider the petition to submeter electricity at 549-561 41st Street, Brooklyn, New York.

PSC-42-16-00010-P ...... exempt Request for a limited waiver of certain tariff To consider a request for a limited waiver of provisions. the tariff’s unauthorized gas usage and non- compliance penalty provisions.

63 Action Pending Index NYS Register/December 7, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-42-16-00011-P ...... exempt Petition for modifications to the New York To update the SIR to clear the backlog, State Standardized Interconnection implement cost sharing, and streamline Requirements and Application Process. interconnection.

PSC-42-16-00012-P ...... exempt Transfer of certain streetlights located in the To consider the transfer of certain streetlights Town of Orangetown. from Orange and Rockland to the Town of Orangetown.

PSC-42-16-00013-P ...... exempt Annual Reconciliation of Gas Expenses and To consider a request for a waiver of certain Gas Cost Recoveries. tariff provisions and 16 NYCRR Section 720- 6.5(g).

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

PSC-43-16-00003-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent of Haus LLC to submeter electricity at 152 Freeman Street, Brooklyn, New York.

PSC-43-16-00004-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent of 50 West Street Condominium to submeter electricity at 50 West Street, New York, New York.

PSC-43-16-00005-P ...... exempt NYSRC’s revisions to its rules and To consider revisions to various rules and measurements. measurements of the NYSRC.

PSC-44-16-00010-EP ...... exempt Use of escrow funds for repairs. To condition the use of escrow account funds for repairs.

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

PSC-44-16-00016-P ...... exempt Consideration of comments made by NFG To consider NFG’s arguments and if the regarding the audit process and the use of Commission should modify its practices guidance documents in regulation

PSC-44-16-00017-P ...... exempt Valuation of and compensation for electricity To implement framework that will benefit generated by distributed resources ratepayers and customer-generators and further State policy

PSC-44-16-00018-P ...... exempt Notice of Intent to submeter electricity To consider the Notice of Intent to submeter electricity at 325 Kent Avenue, Brooklyn, New York

PSC-44-16-00019-P ...... exempt Transfer of certain streetlights located in the To consider the transfer of certain streetlights City of Kingston from Central Hudson to the City of Kingston

PSC-44-16-00020-P ...... exempt Transfer of a parcel of property located in the To consider the transfer of a parcel of property Town of North Castle from Con Edison to the Town of North Castle

PSC-44-16-00021-P ...... exempt Minor rate filing of Municipal Commission of To consider an increase in annual revenues of Boonville about $161,477 or 4.2%

PSC-45-16-00007-P ...... exempt Proposed debt financing for CCI Rensselaer To consider proposed debt financing for CCI LLC. Rensselaer LLC.

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

64 NYS Register/December 7, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

PSC-45-16-00013-P ...... exempt Financial incentives to create customer To consider the Interconnection Survey savings and develop market-enabling tools, Process and Proposed Earnings Adjustment with a focus on outcomes and incentives. Mechanism.

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

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

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

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

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

PSC-46-16-00008-P ...... exempt Consideration of the NYISO’s AC To consider whether NYISO should proceed to Transmission Public Policy Transmission further evaluate solutions to a AC Transmission Need (PPTN) Viability and Sufficiency PPTN. Assessment.

PSC-46-16-00009-P ...... exempt Waiver of the ten-member minimum for CDG Consideration of appropriate treatment of small projects in appropriate circumstances. CDG projects on multi-resident properties.

PSC-46-16-00010-P ...... exempt Proposed modifications to the Phase III Storm To consider modifications to the Phase III Hardening Order. Storm Hardening Order.

PSC-46-16-00011-P ...... exempt Excess generation credits held by CDG Consideration of appropriate treatment of project sponsors at the end of an annual excess generation credits. billing period.

PSC-46-16-00012-P ...... exempt Implementation program rules for the To promote and maintain renewable and zero- Renewable Energy Standard (RES) and Zero- emission electric energy resources. Emission Credit (ZEC) requirement.

PSC-46-16-00013-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent of Hudson Cornell Tech LLC, to submeter electricity at 1 East Loop Road, New York, New York.

65 Action Pending Index NYS Register/December 7, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-46-16-00014-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent of 846 6th Avenue Venture, to submeter electricity at 50 West 30th Street, New York, New York.

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

PSC-46-16-00016-P ...... exempt Tariff revisions regarding Central Hudson’s To consider revisions to Central Hudson’s LED LED lighting options under its service lighting options in area lighting and street classifications, SC No. 5 and SC No. 8. lighting service classifications.

PSC-46-16-00017-P ...... exempt Tariff revisions regarding Central Hudson’s To consider revisions to Central Hudson’s traffic signal service classification, SC No. 9. traffic signal service classification.

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

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

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

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

PSC-47-16-00012-P ...... exempt Lease of real property To consider NYSEG’s request to lease a portion of certain real property to Allied Dog Training, LLC

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

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

PSC-47-16-00015-P ...... exempt Joint Utilities’ SDSIP to achieve the Development of utilities’ joint SDSIP for Commission’s Reforming the Energy Vision improving utility planning and operations (REV) initiative functions under REV

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

PSC-48-16-00004-P ...... exempt Extension of the air conditioning incentive To consider extending the application date for programs application date. its air conditioning incentive programs.

PSC-48-16-00005-P ...... exempt Clarification of an Order Approving Tariff To consider the petition for clarification filed in Amendments with Modifications, issued Cases 15-E-0745, et al. October 14, 2016 in Cases 15-E-0745, et al.

PSC-49-16-00002-P ...... exempt Transfer of certain street lighting facilities To consider the transfer of certain street located in the Town of Ramapo. lighting facilities from Orange and Rockland Utilities, Inc. to the Town of Ramapo.

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

66 NYS Register/December 7, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

DOS-45-16-00019-P ...... 11/09/17 Rules relating to political consultants To prescribe the statutorily mandated form for political consultants and related regulations relating to political consultants

DOS-46-16-00007-P ...... 01/03/18 Sugarhouse Alternative Activity Provisions To allow sugarhouses to conduct alternative activities that will support the maple product industry

TAXATION AND FINANCE, DEPARTMENT OF

TAF-48-16-00002-P ...... exempt Fuel use tax on motor fuel and diesel motor To set the sales tax component and the fuel and the art. 13-A carrier tax jointly composite rate per gallon for the period administered therewith January 1, 2017 through March 31, 2017

TAF-48-16-00003-P ...... 11/30/17 Division of Taxation and Finance Powers of To simplify and expedite the process for filing Attorney Powers of Attorney with the Division of Taxation and Finance

TEMPORARY AND DISABILITY ASSISTANCE, OFFICE OF

*TDA-46-15-00005-RP ...... 02/15/17 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

67 Action Pending Index NYS Register/December 7, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

THRUWAY AUTHORITY, NEW YORK STATE

THR-46-16-00022-P ...... 11/16/17 Amend the Authority’s toll rules to enhance To deter toll evasion violation enforcement on the Thruway System

TRANSPORTATION, DEPARTMENT OF

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

TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY

TBA-46-16-00021-P ...... 11/16/17 Proposal to strengthen toll violation To deter toll evasion enforcement at TBTA bridges and tunnels

TBA-49-16-00008-P ...... exempt A proposal to establish a new crossing charge A proposal to raise additional revenue schedule for use of bridges and tunnels operated by TBTA WORKERS’ COMPENSATION BOARD

WCB-44-16-00011-P ...... 11/02/17 Administrative Appeals Update the process for requesting administrative review of decisions by a law judge

68 SECURITIES OFFERINGS

STATE NOTICES Black Spruce Partners VII LLC 276 Fifth Ave., Suite 402, New York, NY 10001 Published pursuant to provisions of General Business Law [Art. 23-A, § 359-e(2)] B Metro LLC 14 Vanderventer Ave., Suite 255, Port Washington, NY 11050 DEALERS; BROKERS State or country in which incorporated — New York Bourne Seniors Housing III, LLC 3G Special Situations Fund V, L.P. 228 Park Ave. N, Suite A, Winter Park, FL 32789 c/o 3G Capital, Inc., 600 Third Ave., 37th Fl., New York, NY 10016 State or country in which incorporated — Delaware Partnership — 3G Special Situations Fund V Partners, L.P. BSP Neiss Holdings LLC 15 Gemologise/Red Menace, LLC 276 Fifth Ave., Suite 402, New York, NY 10001 800 Arbor Dr. N, Louisville, KY 40223 Cambria Investments Holdings II, LLC ABRY Senior Equity V, L.P. 2321 Rosecrans Ave., Suite 3225, El Segundo, CA 90245 c/o ABRY Partners II, LLC, 888 Boylston St., Suite 1600, Boston, Partnership — Cambria GP, LLC, general partner MA 02199 Partnership — ABRY Senior Equity Investors V, L.P. Catalyst Energy 2016-1, LP Analytic All Country World Low Volatility Equity Fund, LP 424 S. 27th St., Suite 304, Pittsburgh, PA 15203 555 W. Fifth St., 50th Fl., Los Angeles, CA 90013 Partnership — Catalyst Energy 2016 MGP, LLC Partnership — Analytic Investors, LLC Comvest Capital IV, L.P. Analytic Core Equity Plus Fund LP 525 Okeechobee Blvd., Suite 1050, West Palm Beach, FL 33401 555 W. Fifth St., 50th Fl., Los Angeles, CA 90013 Partnership — Comvest Capital IV Partners, L.P. Partnership — Analytic Investors, LLC Comvest Capital IV International (Cayman), L.P. Analytic Investors U.S. Equity Market Neutral Fund, LP 525 Okeechobee Blvd., Suite 1050, West Palm Beach, FL 33401 555 W. Fifth St., 50th Fl., Los Angeles, CA 90013 Partnership — Comvest Capital IV Partners, L.P. Partnership — Analytic Investors, LLC Convergence Equity Partners, LP Antwerp Partners, LLC 109 Lawton St., San Francisco, CA 94122 805 3rd Ave., 15th Fl., New York, NY 10022 Partnership — Convergence Investment Management, LLC Partnership — WVP Management LLC Craig-Hallum Capital Group LLC Arcadis NV 222 S. Ninth St., Suite 350, Minneapolis, MN 55402 Gustav Mahlerplein 97-103, 1082 MS Amsterdam, The Netherlands State or country in which incorporated — Minnesota State or country in which incorporated — The Netherlands Eagle’s View International, Ltd. ATP Fund 1 Tangley 2016, LP Mourant OzannesCorpSvs (Cayman), 94 Solaris Ave., Camana Bay, 2606 Grant St., Houston, TX 77006 P.O. Box 1348, Grand Cayman, KY1-1108 Partnership — ATP Fund 1 GP Tangley 2016, LP State or country in which incorporated — Cayman Islands

Axiom Practice Management, LLC Eagle’s View Partners, L.P. 610 President Clinton Ave., Suite 110, Little Rock, AR 72201-1732 135 E. 57th St., 23rd Fl., New York, NY 10022 State or country in which incorporated — Arkansas Partnership — Eagle’s View Partners GP, LLC

AXPM Services, LLC Eagle’s View Vega Offshore Fund, Ltd. 610 President Clinton Ave., Suite 110, Little Rock, AR 72201-1732 Mourant OzannesCorpSvs (Cayman), 94 Solaris Ave., Camana Bay, State or country in which incorporated — Arkansas P.O. Box 1348, Grand Cayman, KY1-1108 State or country in which incorporated — Cayman Islands Basswood Co-Investment Fund, Ltd. c/o IMS Fund Services, Harbour Centre, 3rd Fl., N. Church St., Eversept Global Healthcare Fund, LP Georgetown, Grand Cayman, Cayman Islands KY1-1103 444 Madison Ave., 22nd Fl., New York, NY 10022 State or country in which incorporated — Cayman Islands Partnership — Eversept GP, LLC

69 Securities Offerings NYS Register/December 7, 2016

Foot in the Door LLC OREI Fund LP 1560 Broadway, Suite 700, New York, NY 10036 1991 Broadway St., Suite 160, Redwood City, CA 94063 State or country in which incorporated — Delaware limited liability Partnership — OREI Fund I GP LP company Peak Rock Capital Credit Fund II LP Frontier Financial Alternative Investment Fund, LP 13413 Galleria Circle, Suite Q-300, Austin, TX 78738 Partnership — Peak Rock Capital Credit Holdings II LP 401 Requeza St., F4, Encinitas, CA 92024 Partnership — Weiss Capital Group II, LLC Peak Rock Capital Credit Fund II-A LP 13413 Galleria Circle, Suite Q-300, Austin, TX 78738 Granite State Capital Partners, LP Partnership — Peak Rock Capital Credit Holdings II LP 529 5th Ave., 8th Fl., Suite B-2, New York, NY 10017 Partnership — Granite State Capital GP, LLC Peak Rock Capital Fund II LP 13413 Galleria Circle, Suite Q-300, Austin, TX 78738 Harkrider Capital Total Return Fund, LP Partnership — Peak Rock Capital Credit Holdings II LP 18310 Memorial Estates Dr., Spring, TX 77379 Partnership — Tiger Rising Capital, LP Peak Rock Capital Fund II-A LP 13413 Galleria Circle, Suite Q-300, Austin, TX 78738 Harvest Agriculture Select, L.P. Partnership — Peak Rock Capital Credit Holdings II LP 600 Montgomery St., Suite 1700, San Francisco, CA 94111 PMATIC PE, LP Partnership — Harvest Capital Strategies LLC 2021 McKinney Ave., Suite 1950, Dallas, TX 75201 Harvest Small Cap Partners, L.P. Partnership — PMATIC PE GP, LLC 600 Montgomery St., Suite 1700, San Francisco, CA 94111 Poetic Holdings VII LLC Partnership — Harvest Capital Strategies LLC 1330 Avenue of the Americas, 14th Fl., New York, NY 10019

Harvest Small Cap Partners Qualified, L.P. Prime Meridian Income QP Fund, LP 600 Montgomery St., Suite 1700, San Francisco, CA 94111 200 S. Virginia St., 8th Fl., Reno, NV 89501 Partnership — Harvest Capital Strategies LLC Partnership — Prime Meridian Capital Management, LLC

Infinite Conferencing Partners, LLC Ranger Global Real Estate Advisors, LLC 2005 Merrick Rd., Suite 243, Merrick, NY 11566 1515 Wynkoop St., Suite 360, Denver, CO 80202 State or country in which incorporated — Florida ReGrained, LLC Kanen Wealth Management, LLC 1525 Clement St., #2, San Francisco, CA 94118 10141 Sweet Bay Court, Parkland, FL 33076 State or country in which incorporated — California

Lingerfelt Commonwealth Income Fund, LLC Ripple Labs Inc. 4198 Cox Rd., Suite 201, Glen Allen, VA 23060 300 Montgomery St., San Francisco, CA 94104 State or country in which incorporated — Delaware State or country in which incorporated — Delaware

Morphogenesis, Inc. Roupologia, Inc. 4613 N. Clark Ave., Tampa, FL 33614 80 SW. 8th St., Suite 2000, Miami, FL 33130 State or country in which incorporated — Florida State or country in which incorporated — Delaware

National Rural Utilities Cooperative Finance Corporation Sensor-Kinesis Corporation 20701 Cooperative Way, Dulles, VA 20166 6053 W. Century Blvd., Suite 1000, Los Angeles, CA 90045 State or country in which incorporated — District of Columbia State or country in which incorporated — Delaware

Navy Capital Management Partners, LLC Sidoti & Company, LLC 295 Madison Ave., 12th Fl., New York, NY 10017 122 E. 42nd St., 3rd Fl., New York, NY 10168 State or country in which incorporated — Delaware limited liability Next Realty Fund IX, LP company 5215 Old Orchard Rd., Suite 880, Skokie, IL 60077 Partnership — Next Realty Fund IX GP, LLC Source Capital Group, Inc. 276 Post Rd. W, Westport, CT 06880 NRIA 434 Union Manager, LLC State or country in which incorporated — Delaware c/o National Realty Investment Advisors, LLC, 1325 Paterson Plank Rd., 2nd Fl., Secaucus, NJ 07094 Southern States Bancshares, Inc. State or country in which incorporated — Delaware limited liability 615 Quintard Ave., Anniston, AL 36201 company State or country in which incorporated — Alabama

Oppenheimer & Co. Inc. Strategas VC One, LP 85 Broad St., New York, NY 10004 52 Vanderbilt Ave., 8th Fl., New York, NY 10017 State or country in which incorporated — New York Partnership — Strategas Capital Partners, LLC

Orchard Securities, LLC TacOpps Feeder Fund I, L.P. 401 S. 850 E. Suite C1, Lehi, UT 84043 50 S. LaSalle St., Chicago, IL 60603 State or country in which incorporated — Utah Partnership — 50 South Capital Advisors, LLC

70 NYS Register/December 7, 2016 Securities Offerings

TacOpps Feeder Fund I (Offshore), L.P. Yukon Capital Partners 3(c)(7) Parallel III, L.P. 50 S. LaSalle St., Chicago, IL 60603 8500 Normandale Lake Blvd., Suite 830, Minneapolis, MN 55437 Partnership — 50 South Capital Advisors, LLC Partnership — Yukon Partners III, L.P.

Tangerine Storage, L.P. Yukon Capital Partners III, L.P. c/o Macritchie Storage LLC, 435 4th Ave. SW, Suite 750, Calgary, 8500 Normandale Lake Blvd., Suite 830, Minneapolis, MN 55437 Alberta T2P 3A8 Canada Partnership — Yukon Partners III, L.P. Partnership — Macritchie Storage LLC Yukon Capital Partners Parallel III, L.P. Tatcha, LLC 8500 Normandale Lake Blvd., Suite 830, Minneapolis, MN 55437 350 Rhode Island St., Suite 110, San Francisco, CA 94103 Partnership — Yukon Partners III, L.P. State or country in which incorporated — Delaware limited liability Zeconomy, Inc. company 110 W. 40th St., #1104, New York, NY 10018 State or country in which incorporated — Delaware Texas Securities, Inc. 4024 Nazarene Dr., Suite B, Carrollton, TX 75010 ZoneFlow Reactor Technologies, LLC State or country in which incorporated — Texas 130 West St., Windsor, CT 06095 Thomas Capital Group, Inc. 4221 Harborview Dr., Suite 200, Gig Harbor, WA 98332 State or country in which incorporated — Washington

Tradiux Fund LP 135 E. 57th St., Suite 08-A110, New York, NY 10022 Partnership — Tradiux Advisors LLC

TruePic Inc. 369 Mesa Way, San Diego, CA 92037 State or country in which incorporated — Delaware

Union Street Capital 434, LLC c/o National Realty Investment Advisors, LLC, 1325 Paterson Plank Rd., 2nd Fl., Secaucus, NJ 07094 State or country in which incorporated — Delaware limited liability company

Varana Capital Partners, LP 205 E. 42nd St., 14th Fl., New York, NY 10017 Partnership — Varana Capital GP, LLC

VO2 Partners VI LLC 450 Lexington Ave., New York, NY 10017 State or country in which incorporated — Delaware limited liability company

VPC Onshore Specialty Finance Fund II, L.P. 227 W. Monroe St., Suite 3900, Chicago, IL 60606 Partnership — VPC Specialty Finance Fund GP II, L.P.

Warrior Resources II LP 14201 Caliber Dr., Suite 200, Oklahoma City, OK 73134 Partnership — Tribune Capital Partners LLC

Wells Fargo Investment Institute, Inc. 401 S. Tryon St., Charlotte, NC 28202 State or country in which incorporated — North Carolina

Wheat Self-Storage Partners II, LP 100 SE. 3rd Ave., Suite 601, Fort Lauderdale, FL 33394 Partnership — Wheat Capital Management, LLC

WVP Emerging Manager Onshore Fund, LLC 805 3rd Ave., 15th Fl., New York, NY 10022 Partnership — WVP Management LLC

Ytel, Inc. 27422 Portola Pkwy., Suite 100, Foothill Ranch, CA 92610 State or country in which incorporated — California

71

ADVERTISEMENTS FOR BIDDERS/CONTRACTORS

project area will be at 10:00 a.m. on December 29, 2016 at Groveland SEALED BIDS Correctional Facility, Route 36, Sonyea Road, Sonyea, NY. Prospec- tive bidders are urged to visit the site at this time. Prospective bidders REHABILITATE or their representatives attending the pre-bid site visit will not be ELEVATOR admitted on facility grounds without proper photo identification. Note Groveland Correctional Facility that parking restrictions and security provisions will apply and all Sonyea, Livingston County vehicles will be subject to search. Phone the office of Vicki Thielges, (585) 658-2900 a minimum of Sealed bids for Project Nos. 45192-C, 45192-H, 45192-P, 45192-E, 72 hours in advance of the date to provide the names of those who will 45192-U, comprising separate contracts for Construction Work, attend the pre-bid site visit. HVAC Work, Plumbing Work, Electrical Work and Elevator Work, It is the policy of the State and the Office of General Services to Rehabilitate Elevator, Building 82, Groveland Correctional Facility, encourage meaningful minority- and women-owned business enter- 7000 Sonyea Road, Sonyea (Livingston County), NY, will be received prise participation in this project by contractors, subcontractors and by the Office of General Services (OGS), Design & Construction suppliers under the Contract, and all bidders are expected to cooperate Group (D&C), Division of Contract Management, 35th Fl., Corning in implementing this policy. OGS hereby establishes an overall goal Tower, Empire State Plaza, Albany, NY 12242, on behalf of the of 30% for MWBE participation, 15% for Minority-Owned Business Department of Corrections and Community Supervision, until 2:00 Enterprises (“MBE”) participation and 15% for Women-Owned Busi- p.m. on Wednesday, January 11, 2017, when they will be publicly ness Enterprises (“WBE”) participation (based on the current avail- opened and read. Each bid must be prepared and submitted in accor- ability of qualified MBEs and WBEs) FOR construction and Elevator. dance with the Instructions to Bidders and must be accompanied by a The total contract goal can be obtained by utilizing any combination certified check, bank check, or bid bond in the amount of $20,700 for of MBE and /or WBE participation for subcontracting and supplies C, $1,600 for H, $4,700 for P, $5,500 for E and $22,600 for U. acquired under this Contract. All successful bidders on a multiple trade project or the successful The Office of General Services reserves the right to reject any or all bidder on a single trade project will be required to furnish a Perfor- bids. mance Bond and a Labor and Material Bond in the statutory form of The Bidding and Contract Documents for this Project are available public bonds required by Sections 136 and 137 of the State Finance on compact disc (CD) only, and may be obtained for an $8.00 deposit Law, each for 100% of the amount of the Contract estimated to be be- per set, plus a $2.00 per set shipping and handling fee. Contractors tween $250,000 and $500,000 for C, under $25,000 for H, between and other interested parties can order CD’s on-line through a secure $50,000 and $100,000 for P, between $50,000 and $100,000 for E and web interface available 24 hours a day, 7 days a week. Please use the between $250,000 and $500,000 for U. following link at the OGS website for ordering and payment Pursuant to State Finance Law § 139-j and § 139-k, this solicitation instructions: http://www.ogs.ny.gov/bu/dc/esb/acquirebid.asp. includes and imposes certain restrictions on communications between For questions about purchase of bid documents, please send an OGS D&C and a bidder during the procurement process. A bidder is e-mail to [email protected], or call 1-877-647-7526. restricted from making contacts from the earliest notice of intent to For additional information on this project, please use the link below solicit offers through final award and approval of the Procurement and then click on the project number: https://online.ogs.ny.gov/dnc/ Contract by OGS D&C and Office of the State Comptroller (“restricted contractorConsultant/esb/ESBPlansAvailableIndex.asp. period”) to other than designated staff unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law § 139-j(3)(a). Designated staff are Frank Peris and Carl Ruppert John D. Lewyckyj, Deputy Director in the Division of Contract Management, telephone (518) 474-0203, OGS - Design & Construction Group fax (518) 473-7862 and John Lewyckyj, Deputy Director, Design & Construction Group, telephone (518) 474-0201, fax (518) 486-1650. PROVIDE OGS D&C employees are also required to obtain certain information CELL LOCKING DEVICES when contacted during the restricted period and make a determination Coxsackie Correctional Facility of the responsibility of the bidder pursuant to these two statutes. West Coxsackie, Greene County Certain findings of non-responsibility can result in rejection for contract award and in the event of two findings within a four-year pe- Sealed bids for Project No. 45285-C, for Construction Work, riod, the bidder is debarred from obtaining governmental Procurement Provide Cell Locking Devices, Building 2, A & C Blocks, Coxsackie Contracts. Bidders responding to this Advertisement must familiarize Correctional Facility, 11260 Route 9W, West Coxsackie (Greene themselves with the new Legislative and State Finance Law require- County), NY, will be received by the Office of General Services ments and will be expected to affirm that they understand and agree to (OGS), Design & Construction Group (D&C), Division of Contract comply on the bid form. Further information about these requirements Management, 35th Fl., Corning Tower, Empire State Plaza, Albany, can be found within the project manual or at: http://ogs.ny.gov/ NY 12242, on behalf of the Department of Corrections and Com- aboutogs/regulations/defaultAdvisoryCouncil.asp. munity Supervision, until 2:00 p.m. on Wednesday, December 14, The substantial completion date for this project is 335 days after the 2016, when they will be publicly opened and read. Each bid must be Agreement is approved by the Comptroller. prepared and submitted in accordance with the Instructions to Bidders The only time prospective bidders will be allowed to visit the job and must be accompanied by a certified check, bank check, or bid site to take field measurements and examine existing conditions of the bond in the amount of $87,500 for C.

73 Advertisements for Bidders/Contractors NYS Register/December 7, 2016

All successful bidders on a multiple trade project or the successful For additional information on this project, please use the link below bidder on a single trade project will be required to furnish a Perfor- and then click on the project number: https://online.ogs.ny.gov/dnc/ mance Bond and a Labor and Material Bond in the statutory form of contractorConsultant/esb/ESBPlansAvailableIndex.asp. public bonds required by Sections 136 and 137 of the State Finance Law, each for 100% of the amount of the Contract estimated to be be- John D. Lewyckyj, Deputy Director tween $3,000,000 and $4,000,000 for C. OGS - Design & Construction Group Pursuant to State Finance Law § 139-j and § 139-k, this solicitation includes and imposes certain restrictions on communications between OGS D&C and a bidder during the procurement process. A bidder is restricted from making contacts from the earliest notice of intent to solicit offers through final award and approval of the Procurement Contract by OGS D&C and Office of the State Comptroller (“restricted period”) to other than designated staff unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law § 139-j(3)(a). Designated staff are Frank Peris and Carl Ruppert in the Division of Contract Management, telephone (518) 474-0203, fax (518) 473-7862 and John Lewyckyj, Deputy Director, Design & Construction Group, telephone (518) 474-0201, fax (518) 486-1650. OGS D&C employees are also required to obtain certain information when contacted during the restricted period and make a determination of the responsibility of the bidder pursuant to these two statutes. Certain findings of non-responsibility can result in rejection for contract award and in the event of two findings within a four-year pe- riod, the bidder is debarred from obtaining governmental Procurement Contracts. Bidders responding to this Advertisement must familiarize themselves with the new Legislative and State Finance Law require- ments and will be expected to affirm that they understand and agree to comply on the bid form. Further information about these requirements can be found within the project manual or at: http://ogs.ny.gov/ aboutogs/regulations/defaultAdvisoryCouncil.asp The substantial completion date for this project is 900 days after the Agreement is approved by the Comptroller. The only time prospective bidders will be allowed to visit the job site to take field measurements and examine existing conditions of the project area will be at 10:00 a.m. on December 1, 2016 at Coxsackie Correctional Facility, Field Office, 11262 Route 9W, West Coxsackie, NY. Prospective bidders are urged to visit the site at this time. Pro- spective bidders or their representatives attending the pre-bid site visit will not be admitted on facility grounds without proper photo identification. Note that parking restrictions and security provisions will apply and all vehicles will be subject to search. Phone the office of Karen Disonell, (518) 731-8290 a minimum of 72 hours in advance of the date to provide the names of those who will attend the pre-bid site visit. It is the policy of the State and the Office of General Services to encourage meaningful minority- and women-owned business enter- prise participation in this project by contractors, subcontractors and suppliers under the Contract, and all bidders are expected to cooperate in implementing this policy. OGS hereby establishes an overall goal of 30% for MWBE participation, 15% for Minority-Owned Business Enterprises (“MBE”) participation and 15% for Women-Owned Busi- ness Enterprises (“WBE”) participation (based on the current avail- ability of qualified MBEs and WBEs). The total contract goal can be obtained by utilizing any combination of MBE and /or WBE participa- tion 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.

74 MISCELLANEOUS NOTICES/HEARINGS Notice of Abandoned Property PUBLIC NOTICE Received by the State Comptroller Erie County Deferred Compensation Committee Request for Proposals Pursuant to provisions of the Abandoned Property Law and related External Annual Audit laws, the Office of the State Comptroller receives unclaimed monies The Erie County Deferred Compensation Committee is conducting and other property deemed abandoned. A list of the names and last a Request for Proposals (“RFP”) for the External Annual Audit for the known addresses of the entitled owners of this abandoned property is Erie County Deferred Compensation Plan, a government-sponsored maintained by the office in accordance with Section 1401 of the 457(b) deferred compensation plan. The RFP can be found at http:// Abandoned Property Law. Interested parties may inquire if they ap- www2.erie.gov/purchasing/index.php?q=requests-proposals-amp- pear on the Abandoned Property Listing by contacting the Office of construction-bids. Written proposals must be received by 3 p.m. on Unclaimed Funds, Monday through Friday from 8:00 a.m. to 4:30 December 15, 2016. For any questions concerning the RFP, contact: David Palmer, Chairman, Erie County Deferred Compensation Com- p.m., at: mittee, c/o Erie County Department of Personnel, 95 Franklin St., Rm. 1-800-221-9311 604, Buffalo, NY 14202 or via email at [email protected] or visit our web site at: www.osc.state.ny.us PUBLIC NOTICE Claims for abandoned property must be filed with the New York Erie County Deferred Compensation Committee State Comptroller’s Office of Unclaimed Funds as provided in Section Request for Proposals 1406 of the Abandoned Property Law. For further information contact: Fiduciary Consultant Office of the State Comptroller, Office of Unclaimed Funds, 110 State The Erie County Deferred Compensation Committee is conducting a St., Albany, NY 12236. Request for Proposals (“RFP”) for Fiduciary Consultant for the Com- mittee and the Erie County Deferred Compensation Plan, a PUBLIC NOTICE government-sponsored 457(b) deferred compensation plan. The RFP REVISED can be found at http://www2.erie.gov/purchasing/ index.php?q=requests-proposals-amp-construction-bids. Written Division of Criminal Justice Services proposals must be received by 3 p.m. on December 15, 2016. For any Commission on Forensic Science questions concerning the RFP, contact: David Palmer, Chairman, Erie County Deferred Compensation Committee, c/o Erie County Depart- Pursuant to Public Officers Law section 104, the Division of Crimi- ment of Personnel, 95 Franklin St., Rm. 604, Buffalo, NY 14202 or nal Justice Services gives notice of a meeting of the New York State via email at [email protected] Commission on Forensic Science to be held on:

Date: Friday, Dec. 9, 2016 PUBLIC NOTICE Time: 9:00 a.m.-1:00 p.m. Department of Health Place: Empire State Development Corporation Pursuant to 42 CFR Section 447.205, the Department of Health (ESDC) hereby gives public notice of the following: 633 3rd Ave. The Department of Health proposes to amend the Title XIX 37th Fl./Conference Rm. (Medicaid) State Plan for non-institutional services to comply with enacted statutory provisions. The following changes are proposed: New York, NY Non-Institutional Services *Identification and sign-in required The following is a clarification to the March 25, 2015 noticed pro- Video Conference Site: vision to continue supplemental upper payment limit payments to gen- Division of Criminal Justice Services eral hospitals, other than major public general hospitals under Alfred E. Smith Office Bldg. institutional services. This provision is to also include non-institutional CrimeStat Rm. 118 services. 80 S. Swan St. There is no additional net aggregate increase in gross Medicaid expenditures attributable to this initiative contained in the budget for Albany, NY state fiscal year 2015/2016. The public is invited to review and comment on this proposed State *Identification and sign-in is required at this location. For further Plan Amendment (SPA). Copies of which will be available for public information, or if you need a reasonable accommodation to attend review on the Department’s website at http://www.health.ny.gov/ this meeting, contact: Catherine White, Division of Criminal Justice regulations/state_plans/status. In addition, approved SPA’s beginning Services, Office of Forensic Services, 80 Swan St., Albany NY 12210, in 2011, are also available for viewing on this website. (518) 485-5052 Copies of the proposed State Plan Amendments will be on file in

75 Miscellaneous Notices/Hearings NYS Register/December 7, 2016 each local (county) social services district and available for public state_plans/status. In addition, approved SPA’s beginning in 2011, are review. also available for viewing on this website. For the New York City district, copies will be available at the fol- Copies of the proposed State Plan Amendments will be on file in lowing places: each local (county) social services district and available for public review. New York County For the New York City district, copies will be available at the fol- 250 Church Street lowing places: New York, New York 10018 New York County Queens County, Queens Center 250 Church Street 3220 Northern Boulevard New York, New York 10018 Long Island City, New York 11101

Kings County, Fulton Center Queens County, Queens Center 114 Willoughby Street 3220 Northern Boulevard Brooklyn, New York 11201 Long Island City, New York 11101

Bronx County, Tremont Center Kings County, Fulton Center 1916 Monterey Avenue 114 Willoughby Street Bronx, New York 10457 Brooklyn, New York 11201

Richmond County, Richmond Center Bronx County, Tremont Center 95 Central Avenue, St. George 1916 Monterey Avenue Staten Island, New York 10301 Bronx, New York 10457

For further information and to review and comment, please contact: Richmond County, Richmond Center Department of Health, Division of Finance and Rate Setting, 99 95 Central Avenue, St. George Washington Ave., One Commerce Plaza, Suite 1460, Albany, NY Staten Island, New York 10301 12210, [email protected] For further information and to review and comment, please contact: PUBLIC NOTICE Department of Health, Division of Finance and Rate Setting, 99 Department of Health Washington Ave., One Commerce Plaza, Suite 1432, Albany, NY 12210, [email protected] Pursuant to 42 CFR Section 447.205, the Department of Health hereby gives public notice of the following: The Department of Health proposes to amend the Title XIX PUBLIC NOTICE (Medicaid) State Plan for non-institutional services to comply with New York State and Local Retirement System enacted statutory provisions. The following changes are proposed: Pursuant to Retirement and Social Security Law, the New York State Non-Institutional Services and Local Employees’ Retirement System hereby gives public notice This notice clarifies the notice previously published on August 26, of the following: 2015. Effective on or after July 1, 2017, the Early Intervention The persons whose names and last known addresses are set forth Program targeted case management (service coordination) services below appear from records of the above named Retirement System to will be revised to update the plan content and format consistent with be entitled to accumulated contributions held by said retirement Medicaid requirements for case management. The reimbursement system whose membership terminated pursuant to Section 517-a of methodology and rate structure for targeted case management (service the Retirement and Social Security Law on or before October 31, coordination services) are being revised from hourly rates billed in 2016. This notice is published pursuant to Section 109 of the Retire- fifteen minute units, to two separate fixed rates for initial case manage- ment and Social Security Law of the State of New York. A list of the ment (service coordination) services and one per member per month names contained in this notice is on file and open to public inspection fixed rate for ongoing case management (service coordination) at the office of the New York State and Local Retirement System lo- services. These rates are being revised to create administrative ef- cated at the 110 State St, in the City of Albany, New York. At the ficiencies for billing providers and adjust for administrative activities expiration of six months from the date of the publication of this notice. assumed by providers in direct billing to third party payers through a The accumulated contributions of the persons so listed shall be deemed state fiscal agent established April 1, 2013. abandoned and shall be placed in the pension accumulation fund to be Initial service coordination services followed by no Individualized used for the purpose of said fund. Any accumulated contributions so Family Service Plan meeting will have a minimum base of two hours deemed abandoned and transferred to the pension accumulation fund with no cap. Initial service coordination followed by an Individualized may be claimed by the persons who made such accumulated contribu- Family Service Plan meeting will have a minimum base of three hours tions or, in the event of his death, by his estate or such person as he with no cap. Ongoing service coordination services will have a mini- shall have nominated to receive such accumulated contributions, by mum base of 1.25 hours. Rates for case management will be set filing a claim with the State Comptroller in such form and in such a prospectively and will cover labor, administrative overhead, general manner as may be prescribed by him, seeking the return of such operating and capital costs. The rates are also adjusted to reflect abandoned contributions. In the event such claim is properly made the regional differences in costs. State Comptroller shall pay over to the person or persons or estate making the claim such amount of such accumulated contributions The estimated annual net aggregate increase in gross Medicaid without interest. expenditures attributable to this initiative contained in the budget for state fiscal year 2017/18 is $2,824,649.00. Loretto, Leonard C - Blasdell, NY The public is invited to review and comment on this proposed State Mason, Carolyn M - Marlboro, NY Plan Amendment, a copy of which will be available for public review Newtown, Jason A - Massena, NY on the Department’s website at http://www.health.ny.gov/regulations/ Rice, David T - Auburn, NY

76 NYS Register/December 7, 2016 Miscellaneous Notices/Hearings

PUBLIC NOTICE Bhandarkar,Priya P - Potomac, MD New York State and Local Retirement System Birone,Claire M - East Islip, NY Pursuant to Retirement and Social Security Law, the New York State Bishop,James N - Troy, NY and Local Employees’ Retirement System hereby gives public notice Blasich,Angelina M - Endicott, NY of the following: Blomquist,Michael J - Brooklyn, NY The persons whose names and last known addresses are set forth Bortscheller,Laurie L - Averill Park, NY below appear from records of the above named Retirement System to be entitled to accumulated contributions held by said retirement Boshi,Emily A - White Plains, NY system whose membership terminated pursuant to Section 613 of the Bowen,Andrew W - Albany, NY Retirement and Social Security Law on or before October 31, 2016. Boyle,Kevin P - Amsterdam, NY This notice is published pursuant to Section 109 of the Retirement and Social Security Law of the State of New York. A list of the names Bradley,Krystle A - Greenfld Ctr, NY contained in this notice is on file and open to public inspection at the Bradway,Destiny R - Watervliet, NY office of the New York State and Local Retirement System located at Brady,Sean M - Bellmore, NY the 110 State St., in the City of Albany, New York. At the expiration of Brickler,Meredith J - Hilton, NY six months from the date of the publication of this notice. The ac- cumulated contributions of the persons so listed shall be deemed Brochetti,Denise - Albuquerque, NM abandoned and shall be placed in the pension accumulation fund to be Brown,Elizabeth M - Lorraine, NY used for the purpose of said fund. Any accumulated contributions so Brown,Michelle L - Mattydale, NY deemed abandoned and transferred to the pension accumulation fund Brown,Phillip Q - Brewerton, NY may be claimed by the persons who made such accumulated contribu- tions or, in the event of his death, by his estate or such person as he Brunelle, COdy M - Binghamton, NY shall have nominated to receive such accumulated contributions, by Bryant,Sheliah E - Brooklyn, NY filing a claim with the State Comptroller in such form and in such a Buckner, PAtrice - Cambria Hts, NY manner as may be prescribed by him, seeking the return of such Buffa,Domenico J - Mastic Beach, NY abandoned contributions. In the event such claim is properly made the State Comptroller shall pay over to the person or persons or estate Burrowes,Raymond A - Modena, NY making the claim such amount of such accumulated contributions Burt,Rebecca A - Cuba, NY without interest. Byrnes,James J - Levittown, NY Abadzic,Lejla - Baldwinsville, NY Calabrese,Michele A - Islip, NY Acoy,Andre - Nanuet, NY Calhoun,Katrina L - Gloversville, NY Adams,Jamie L - Schodack Landing, NY Calo,Craig G - Point Lookout, NY Adams,Wilnetta R - Buffalo, NY Campbell,Denzer R - Weedsport, NY Aiuto, PAul J - Coram, NY Campos,Abigail - Hempstead, NY Aldrich,Terry L - Corning, NY Canales,Jose - Hempstead, NY Aldridge,Trenelle C - Buffalo, NY Caron,Kelly L - Peru, NY Allan,William J - Miller Place, NY Carrasco,Enrique - Syracuse, NY Allen,Johnnetta L - Freeport, NY Carusillo,Jennifer A - Lake Grove, NY Allen,William H - Fairport, NY Cervi,Suzanne - Cheektowaga, NY Andrew,Annette M - Little Valley, NY Chakmakas,Andrew A - Waterford, NY Annable,William B - Middleport, NY Cherchio,Charles J - Oswego, NY Anselmo,Carlo - Franklin Square, NY Chi,James Y - Bridgeport, NY Argus, COlleen K - Chittenango, NY Chinappi,Serafina M - Hilton, NY Athenas,Nicholas H - Westbury, NY Cho,An-Mei - Great Neck, NY Austin,Samantha R - East Sandwich, MA Ciko,Erica S - Herkimer, NY Bacon,Gary E - Syracuse, NY Clemons,Joanne A - Scotia, NY Bailey-Sternfeld,Rebecca M - Lake George, NY Cleveland, Courtney E - Brightwaters, NY Bal,Yasemin - Nesconset, NY Cobb,Evan T - Frankfort, NY Balderas,Amanda M - Nichols, NY Cohen,Emily B - Oceanside, NY Ballantyne, PAtrick E - Clifton Park, NY Collier,Daniele L - Cohoes, NY Barnes,Viquita - East Patchogue, NY Colopy,Mary Ann - East Aurora, NY Barrie,Hawanatu - Lanham, MD Colston,Bianca A - Buffalo, NY Bayles,Shawn M - Auburn, NY Comiskey,Kevin J - Floral Pk, NY Beach,Timothy M - Niagara Falls, NY Compres,Felix V - Garnerville, NY Beaulac,Rachel - Troy, NY Conant,Andrew F - Greenfield Center, NY Beckmann,Jacqueline V - Oyster Bay, NY Conklin Karp,Ryan A - San Diego, CA Beebe,Ariel K - Morian, NY Conway,Scott F - Camillus, NY Behrmann,Erna P - Analomink, PA Cook,Hayden L - Johnsonville, NY Beigel,Brittney S - Miami,FL Cook,Tomasina L - Niagara Falls, NY Bennett,Tonya L - Colorado Springs, CO Cooper,Andrea - Hicksville, NY Bennett,Victoria S - Fort Montgomery, NY Cosentino,Christopher - Geneva, NY Benson,Victoria M - Lansing, NY Cowan,Steven R - Batavia, NY Berman,Stephanie N - Wilbraham, MA Crim,Daniel J - Burlngtn Flt, NY Bernier,John B - Endwell, NY Crosley,Markus T - Hempstead, NY

77 Miscellaneous Notices/Hearings NYS Register/December 7, 2016

Cullinan,Allison - Port Jefferson Stat, NY Gedeon,Mark A - East Amherst, NY Curry,Terrell C - Troy, NY Genereux,John D - Leicester, NY Cutillo,Vaughan D - Montauk, NY Gifford,Lashonda C - Gloversville, NY Danjou,Sherry Ann S - Queens, NY Gilkes,Mishka - Hempstead, NY Davis,April S - Catskill, NY Gill,Steven M - Patchogue, NY Day,Matthew W - Ilion, NY Gilroy,Molly P - Latham, NY De Fruscio,Samantha L - Halfmoon, NY Giordano,Justine J - Brooklyn, NY De Magistris-Mittler,Kameron - Amsterdam, NY Giroux,Danielle L - Waterford, NY Decker,Sara E - Philmont, NY Giuffre,Lauren D - Setauket, NY Del Piano,Michael J - Rome, NY Glasser,Sarah L - E Northport, NY Devlin,Christopher J - Queensbury, NY Gleason,Teresa A - Penn Yan, NY Di Milia,Peter R - Claryville, NY Gonzalez,Gloria E - Syracuse, NY Di Nanno,John A - Depew, NY Goodale,Donna L - East Marion, NY Dickinson,Porter S - Clark Mills, NY Gorman,Christopher N - Fremont, CA Dickson,Michele L - Marion, NY Gorman,Elizabeth A - Port Jefferson Sta, NY Dietz,Shane C - Buffalo, NY Goulding,Charles A - Lakewood, NY Doane,Michael D - Lakewood, NY Graci,Charles J - Briarcliff, NY Docalavich,Sarah M - Johnson City, NY Grady,Martha E - Delmar, NY Douglas,Sara F - New York, NY Grant,Derek J - Brooklyn, NY Dunbar,Amy E - Saratoga Springs, NY Gray,Denise A - Watertown, NY Earl,Kristen M - Penn Yan, NY Green, Corey A - Syracuse, NY Eberz,Melissa A - Buffalo, NY Griese,Shannon D - Dansville, NY Edmunds,Emily M - Schenectady, NY Griffin,Kelly L - Albany, NY Edwards,Melvin L - Yonkers, NY Guelfi,Michele L - Medford, NY Elmore,Christine G - Sea Cliff, NY Guiliano,Jacqueline E - Lake Ronkonkoma, NY Elmore,Kathryn E - Newfield, NY Gunderson,Erik W - New York, NY Esposito,Andrew D - Monroe, NY Hall,Dylan J - Schenectady, NY Eugene,Joseph Fred A - Middletown, NY Hall,Jennifer M - Coram, NY Evans Del Rosario,Danubio - Hempstead, NY Hamilton,Andrew Z - Skaneateles, NY Facchiano,Michael J - West Babylon, NY Hammond,Michael S - Rensslaer Fls, NY Fasano,Christine M - Bethpage, NY Haner,Kayla M - Elmira, NY Fayo, PAtricia A - Newburgh, NY Hanley,Kyle R - West Seneca, NY Feehan,Eileen E - Athens, PA Hans,Victoria A - Glenmont, NY Felder,Swain - Poughkeepsie, NY Harris,Diane - Kingston, NY Fiacco,Douglas M - Norfolk, NY Hartino,David A - Rochester, NY Figliuolo,Shaun M - Bay Shore, NY Hartwell,Mark J - Canandaigua, NY Finlayson,Claudius - Roosevelt, NY Hastings,Andrew J - Binghamton, NY Fiore,Charles F - Mount Sinai, NY Heatley,Jasmin J - Bronx, NY First,Brandon R - Huntington, NY Heim,Jennifer L - Canandaigua, NY Fitzgerald,John R - Lake Clear, NY Heinlein,Richard T - Saugerties, NY Fletcher,Veronica R - Yonkers, NY Hendrix,Victoria L - Ilion, NY Flores,Rosa - Farmingdale, NY Herring,Carol P - Geneva, NY Folks,Zepora R - Lawton,OK Herth,Devery A - Bay Shore, NY Ford,Juanita - West Babylon, NY Heuer,Amy W - Shoreham, NY Foster,Seth M - El Paso,TX Hewett,Carol A - Glens Falls, NY Franklin,Ann-Marie - Monticello, NY Hill,Timothy D - Mount Morris, NY Fratantonio,Jonathan T - Hamburg, NY Hillman,Erik L - Trumansburg, NY Frost,Craig J - Gasport, NY Hoffman,Daniel H - Mountain View, CA Frost, Parris-Lavon H - Troy, NY Hoglin,James P - Jamestown, NY Fudin,Hannah R - Delmar, NY Hollis,George - Yonkers, NY Fullem,Sharbani I - Jefferson Hills, PA Holtzmaster,James D - Chenango Forks, NY Fulton,Durand A - Central Islip, NY Horace,Edmund J - Rockville Centre, NY Gabbidon,Marsha V - Ossining, NY Hosford,Allison M - Bethpage, NY Gage,Joseph S - Canandaigua, NY Hotaling,Bonnie S - Jamesville, NY Gagnon,Tracy L - Morristown, NY House,Nicole J - Philadelphia, NY Garafola,Vincent J - Medford, NY Howe,Sarah R - Owego, NY Gaudette,Robert L - Latham, NY Hoyt,Melissa L - Broadalbin, NY Gay,Stephanie M - Ilion, NY Hubbard,Randolph J - Hempstead, NY Gebo,Kimberly A - Hemlock, NY Hulbert,Robin S - Watertown, NY

78 NYS Register/December 7, 2016 Miscellaneous Notices/Hearings

Husted,Ginelle R - Lockport, NY Leibowitz,Michael M - Brooklyn, NY Imbriano,Michael - Kearneysville,WV Leis,Justin C - Island Park, NY Ingleston,William G - Whitehall, NY Leithead,Matthew H - New York, NY Inmon,Shenetta L - Brooklyn, NY Livsey,Heidi L - Plattsburgh, NY Inniss,Tamara - Sugarland,TX Lobosco,Christopher J - Derby, NY Interlicchia,Anne E - Farmington, NY Loiacono,Regina L - Burlington Flats, NY Isoldi,Thomas - Pomona, NY Longobardi,Vincent - Brooklyn, NY Izzo,Christie - Astoria, NY Lovett,Kevin J - Rome, NY Jacknis,David K - Cortlandt, NY Ludwiczak,Jeffrey A - Falconer, NY Jackson,Erin B - Syracuse, NY Lynch,Amanda E - Geneseo, NY Jemmott,Thomas M - Kent Lakes, NY Mac Intyre-Ross,Adam M - Clifton Park, NY Jennings,Marques J - Highland Falls, NY Machuca,Ruth E - Rochester, NY John,Lucretia R - Brooklyn, NY Maloney,Jacqueline H - Mattituck, NY Johnson,Andre - Bronx, NY Maloney,Michael D - Buffal0, NY Johnson,Artemus K - Columbus,GA Manning,Brittany L - Baldwin, NY Johnson,Austin M - Long Beach, NY Marable,Ar’jay T - Sanford,FL Johnson,Digna N - Port Chester, NY Marriott,Rita C - Mohawk, NY Johnson,Donald E - Stony Creek, NY Mars, Corey E - Binghamton, NY Johnson,Lorenzo T - Schenectady, NY Martensson,Keven L - Castleton, NY Jones,Charles W - Roosevelt, NY Martin,Deana M - Long Beach, NY Jones,Kyle J - Troy, NY Martin,Kaechen S - Knightdale,NC Jones,Matthew D - Cobleskill, NY Martin,Laura J - Long Beach, NY Jones,Michelle A - Conewango Valley, NY Martinez,Oscar - White Plains, NY Jones,Samantha - Ellenville, NY Matrazzo,Karen - Ballston Lake, NY Jordan,Andrew B - West Hampton, NY Mattes,Joshua E - North Syracuse, NY Jordan,Sharon H - Pooler,GA Maynor,Chauncey M - Taunton, MA Joseph,Auny - Brooklyn, NY Mc Cann,Timothy P - Sound Beach, NY Jouissance,Ralph - Brooklyn, NY Mc Clain,Raymond - Hollis, NY Kane,Mary Kate - Williston Park, NY Mc Gintee,Brian E - East Hampton, NY Karaszewski,Daniel J - Harrisburg,NC Mc Grath,Christine J - Lehigh Acres,FL Kasouf,Daniel J - Fayetteville, NY Mc Grath,Kate A - East Meadow, NY Kawasaki,Miki - Bronx, NY Mc Kasty,Guerdy M - Farmingville, NY Keeley,Sean M - Queensbury, NY Mc Kenna,Glenn P - Garden City, NY Kelly,Therese R - Cohoes, NY Mc Lernon, PAtricia A - Massapequa Park, NY Kennish,Charles E - Marcy, NY Mc Neil,Nathan W - Portland,OR Kerr,Katherine R - Houston,TX Mcmahon Smith,Jacqueline A - Brooklyn, NY Kibby,Nicole M - Hornell, NY Meadows,Carolette D - Buffalo, NY King,Amy L - Saratoga Spgs, NY Meyer,Alexandra S - Asheville,NC King, PAtrick M - Buskirk, NY Meyer,Robert W - Ronkonkoma, NY Klopp,Allyson N - Derby, NY Mgbeme,Lynne - Queens Village, NY Knapp,James E - Lyons, NY Micek,Caitlin A - New Rochelle, NY Kogler,Shawn M - Webster, NY Milien,Joseph R - New City, NY Kompson,John A - Buffalo, NY Miller-Boyar,Suzann - Stony Point, NY Koster,Diane C - Albany, NY Miller,Lauren B - Massapequa, NY Kostyo,Anthony R - Mendon, NY Miner,Adam M - Newfield, NY Kowalczyk,Kris M - Troy, NY Mitchell,Jennifer S - Clifton Park, NY Kowalski,Peter U - Wantagh, NY Mitchell,Maghan L - Elizabethtown, NY Kruty,Andrea L - New York, NY Moffatt,Cassandra L - Herkimer, NY Kudrewicz,Peter J - Schenectady, NY Mokszycki,Robert K - Tinley Park,IL Kurshals,Cheryl M - E Northport, NY Montuma,Jessie - Garnerville, NY Laine,Scott W - Farmingdale, NY Moody,Raheen T - Jersey City,NJ Lamagra,Kaitlin M - Rochester, NY Moon,Robert - N Tonawanda, NY Langdon,Stacey L - Albany, NY Mooney,Melissa E - Levittown, NY Laracuenta,Melissa - Bronx, NY Moreau,Eric T - Ilion, NY Latter,Jacob T - Ravena, NY Morganelli,Holly A - Brooklyn, NY Laubach,Michael J - Owego, NY Neild,Magnolia J - Spencer, NY Le Suer,Jonathan M - Syracuse, NY Nembhard,Charmaine - Brooklyn, NY Lederman,Katherine D - Mongaup Vly, NY Newton,Brandy M - Willsboro, NY Lee,Inkyoung - New York, NY Niebour,Rachel L - Schenectady, NY

79 Miscellaneous Notices/Hearings NYS Register/December 7, 2016

Niven,John P - Long Beach, NY Rodgers,Teresa A - West Henrietta, NY Nolder,Brandy J - Olean, NY Rodriguez,Jaime - Buena Vista,VA O Dell,Tyler J - Carthage, NY Rooney,Robert M - Long Beach, NY O’Brien,Rachael E - Lowville, NY Rubino,Nicole M - Herkimer, NY O’Neal,Bobbie M - Wayland, NY Rubio,Laurie A - Farmingdale, NY Olivo,Jayson E - Lindenhurst, NY Ruffino,John J - Buffalo, NY Osborne,Darius K - Colonie, NY Rugaber,Kevin R - Ithaca, NY Osborne,Ryan M - New Windsor, NY Russell,Christopher B - Youngstown, NY Overton,Victor A - Garnerville, NY Ruvinov,Anna - Staten Island, NY Overton,Wayne M - Bloomingburg, NY Sabtow,Abdi U - Buffalo, NY Parana,Leah M - Vestal, NY Saenz,Nelly - Centereach, NY Parascandola,Meggie M - Averill Park, NY Sakli,Sule - East Rockaway, NY Parris,Michael J - Franklin Square, NY Sanchez,Keyshla M - Waterbury,CT Parrott,Kiera L - Oakland Gardens, NY Santarelli-Howarth,Nancy A - East Amherst, NY Parsons,Crystalyn A - East Syracuse, NY Saunds,Medina N - New Milford,NJ Parthasarathy,Arjun - Saratoga Spgs, NY Schaeffer,Elaine B - Cooperstown, NY Passarette,Jean - New Hyde Park, NY Scherer,Barbara E - Oneida, NY Pereira,Pedro - Port Washington, NY Schreiner,Matthew M - Valley Stream, NY Perez De Jesus,Joelle M - Albany, NY Schwier,Sabrina P - Huntington, NY Perez,Amarillys - New Windsor, NY Schwind,Maryann - Katonah, NY Perkins,Michael J - Ft Montgomery, NY Scibilia,James C - Levittown, NY Perri,Gabrielle V - Niagara Falls, NY Scofield,Leslie E - Clinton Corners, NY Persaud,Dalin - Queens Village, NY Scott,Jeannette M - Highland Falls, NY Petrie,Michael D - Fayetteville, NY Scuderi,Joseph M - Lindenhurst, NY Phillips,Timothy J - Merrick, NY Selby,Timothy F - Utica, NY Piazza,Marisa D - Carmel, NY Semler,Erin M - Staten Island, NY Pichichero,Evan - Lindenhurst, NY Shaffer,John D - Amherst, NY Pierro,Josh D - Phoenix,AZ Shatraw, Pamela J - Castleton, NY Pierson,Jocelyn M - Schodack Lndg, NY Sheocharan,Janice - Philadelphia, PA Pope,Mable B - Elmont, NY Shepard,Marianne - Albany, NY Porter,Valerie E - Romulus, NY Sheridan,James M - Elmont, NY Pratt, Cory J - Plainview, NY Sica-Fasano,Susan C - Thornwood, NY Pratt,Moriah E - Herkimer, NY Sidor,Thomas P - Mattituck, NY Price,Hugh S - Contoocook,NH Simon,Kyle J - Geneva, NY Provanzana,Edward J - Wallkill, NY Sisto,John R - Brooklyn, NY Pyne,Serehna C - Yonkers, NY Skiff,Kayla J - Tupperlake, NY Quan, PAtricia - San Francisco, CA Skinner,Kathryn - Hamilton, NY Quatrale,Keith J - Patchogue, NY Skyers,Daniel E - Saint Albans, NY Quinlan,Catherine C - Delmar, NY Smith,Nathan J - Brooklyn, NY Quinn,Brendan J - Sodus Point, NY Smith,Rachel H - Valatie, NY Radley,Matthew C - Syracuse, NY Smith,Shatica L - Buffalo, NY Rama,Gatete K - Albany, NY Smith,Thomas M - Latham, NY Ramdharry,Sita W - Middletown, NY Spath,Matthew J - Rensselaer, NY Ramirez,Crucita - Yonkers, NY Spivey,Timothy V - Buffalo, NY Rappaport,Michael D - Westbury, NY Springfield,Yvette - Ronkonkoma, NY Ray,Jessie C - Niskayuna, NY St Laurent,Michael J - Minoa, NY Raynor,Lorisha L - White Plains, NY Staiano,Cathie - Baldwin, NY Raza,Farwah - Old Bethpage, NY Stallworth,Nicole A - Rochester, NY Re Jack,Heather J - Schenectady, NY Stalteri,Emily C - Herkimer, NY Reid,Bryan A - White Plains, NY Stanley,Lisa A - Ballston Spa, NY Reilly,Kathryn A - Framingham, MA Stanton,Ryan W - Islip Terrace, NY Reinhart,Erica D - East Aurora, NY Stebbins,Alexanderia K - Newark Valley, NY Richards,David K - Baldwinsville, NY Steele,Kristin S - Mattituck, NY Rickard,Levi P - Lewiston, NY Steinhauer,Anne M - Wappingers Falls, NY Riemer,Lindsay L - Peconic, NY Stephens,Bethany C - Norwich, NY Riggs-Larson,Joellen M - Candor, NY Sterling,Daniel - Bethpage, NY Robertson,Clifford B - Climax, NY Stockton,Marie Anne N - East Syracuse, NY Robertson,Ty A - Canastota, NY Stoliker,Ryan J - Waterford, NY Robinson,Diana O - Bronx, NY Stolz,Victoria T - Commack, NY

80 NYS Register/December 7, 2016 Miscellaneous Notices/Hearings

Stone,Geoffrey O - Corning, NY Zaffrano,Julianne - Holtsville, NY Stroman,April V - Syracuse, NY Zummo,Joseph R - Medford, NY Strouse,James W - Levittown, NY For further information contact: Marrianne Miller, New York State Strys,Michael E - Tomkins Cove, NY Retirement Systems, 110 State St., Albany, NY 12244, (518) 474- Stuber,Tracy M - Cape Coral,FL 3502 Sturgill,Gregory E - Palmyra, NY Supovitz,Matthew H - Merrick, NY Swift,Mary C - Queensbury, NY Swinton,Elizabeth P - Baldwin, NY Talman,Sara M - Fort Montgomery, NY Tamashiro,Kevin K - East Rockaway, NY Tasaddaq,Muhammad - Latham, NY Taylor,Kari K - Saint Cloud,MN Taylor,Kimiko A - Saint Albans, NY Tennant,Bryan A - Newark Valley, NY Theodore-Romelus,Jocelyne - Brooklyn, NY Thomas,Ezra J - Brockport, NY Torres,Carlos - Brockport, NY Trivino,Gladys V - Bayport, NY Turcic,Anthony - Guilderland, NY Turner,Katherine E - Speculator, NY Uhrich,Stephen T - Buffalo, NY Urso,Marissa R - Lindenhurst, NY Valdez,Kelly S - Ithaca, NY Vangalio,Lisa D - Ovid, NY Vargas,Adrienne L - Medford, NY Vargas,Miguel A - Bronx, NY Velonis,Kendra E - Richardson,TX Vendura,Linda-Joy - Pomona, NY Vescera,Christopher D - Hauppauge, NY Villone,Christina M - Levittown, NY Vincek,Josiah J - Saratoga Springs, NY Walker,Genevive S - Kingston, NY Walsh,Brianne M - Ronkonkoma, NY Wapnick,Samantha D - Mahopac, NY Ward,Amanda N - Rome, NY Watkins,Nicole D - Mount Vernon, NY Watson,Andrea K - Pine Plains, NY Watts,Ingrid W - Jamaica, NY Weeks,Matthew B - Hannacroix, NY Weiss,Katherine A - Floral Park, NY Wellbrock,Anne M - Warsaw, NY Welsh,Heather M - Cortland, NY Western,Scott C - Amityville, NY White,Marva K - Brooklyn, NY Williams,Anthony A - Wyandanch, NY Williams,Owen C - Buffalo, NY Williams,Rebekah A - South Byron, NY Windstein,Kenneth Z - Ithaca, NY Wolcott,Katherine J - Sinclairville, NY Wolson,Ahren G - Elizabethtown, NY Wood,Rosalinda O - Hamburg, NY Woodford,Ryan D - Johnson City, NY Woods,Dana A - Lake Oswego,OR Wutz,Amanda T - Depew, NY Yeang,Sarah Y - Summit,NJ Yearwood,Vincent J - Brooklyn, NY Yermakov,Andrei V - Albany, NY Yip,Kevin G - Hanover, MD

81

APPENDIX The following Appendix was filed with a Notice of Proposed by TBTA, I.D. TBA-49-16-00008-P published in this issue of Rule Making pertaining to a Proposal to Establish a New Cross- the State Register. ing Charge Schedule for Use of Bridges and Tunnels Operated

83 Appendix NYS Register/December 7, 2016

84 NYS Register/December 7, 2016 Appendix

85 Appendix NYS Register/December 7, 2016

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