NYS Register/November 10, 2004 Action Pending Index ACTION PENDING INDEX The action pending index is a list of all proposed rules For additional information concerning any of the which are currently being considered for adoption. A proposals listed in the action pending index, use the proposed rule is added to the index when the notice of identification number to locate the text of the original proposed rule making is first published in the Register.A notice of proposed rule making. The identification proposed rule is removed from the index when any of the number contains a code which identifies the agency, the following occur : (1) the proposal is adopted as a issue of the Register in which the notice was printed, the permanent rule; (2) the proposal is rejected and year in which the notice was printed and the notice’s withdrawn from consideration; or (3) the proposal’s notice serial number. The following diagram shows how to expires. read identification number codes. Most notices expire in approximately six months if the agency does not adopt or reject the proposal within that Agency Issue Year Serial Action code number published number Code time. The expiration date is printed in the second column of the action pending index. Some notices, AAM 01 96 00001 P however, never expire. Those notices are identified by the word “exempt” in the second column. If an agency Action codes: P - proposed rule making; EP - emergency submits a notice of continuation, the letter “c” follows the and proposed rule making (expiration date refers to new expiration date. Actions pending for one year or proposed rule); RP - revised rule making more are preceded by an asterisk(*).

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

AGRICULTURE AND MARKETS, DEPARTMENT OF

AAM-42-04-00008-P ...... 06/06/05 Pine shoot beetle quarantine To prevent the spread of the beetle

AAM-45-04-00008-P ...... 05/09/05 Standards and testing procedures for To update requirements and testing gasoline and kerosene procedures

BANKING DEPARTMENT

BNK-35-04-00003-P ...... 02/28/05 Change of individual designated to receive To lessen the burden on foreign banking process corporations when changing the individual designated to receive process

BNK-35-04-00012-P ...... 02/28/05 Public access of Banking Department To clarify the department's procedures in records under the Freedom of Information responding to Freedom of Information Law Law requests

CABLE TELEVISION, COMMISSION ON

*CTV-23-94-00010-P ...... exempt Rates for basic service and equipment of To determine whether the company's rates Adelphia Communications - Chautauqua for basic service and equipment are justified system

*CTV-23-94-00011-P ...... exempt Rates for basic service and equipment of To determine whether the company's rates Adelphia Communications - Grand Island for basic service and equipment are justified system

*CTV-23-94-00012-P ...... exempt Rates for basic service and equipment of To determine whether the company's rates Adelphia Communications - Riverview for basic service and equipment are justified system

*CTV-23-94-00030-P ...... exempt Rates for basic service and equipment of To determine whether the company's rates Systems Corp. - Long for basic service and equipment are justified Island/V-Cable/Shelter Island system

*CTV-23-94-00035-P ...... exempt Rates for basic service and equipment of To determine whether the company's rates C-TEC Corp. - C-TEC Cable system for basic service and equipment are justified

*CTV-24-94-00013-P ...... exempt Rates for basic service and equipment of To determine whether the company's rates Cablevision Systems Corp. - Long Island - for basic service and equipment are justified Riverhead system

27 Action Pending Index NYS Register/November 10, 2004

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

CABLE TELEVISION, COMMISSION ON

*CTV-24-94-00026-P ...... exempt Rates for basic service and equipment of To determine whether the company's rates Cablevision Systems Corp. - Long Island for basic service and equipment are justified system

*CTV-24-94-00034-P ...... exempt Rates for basic service and equipment of To determine whether the company's rates Cablevision System Corp. - Long for basic service and equipment are justified Island/V-Cable system

*CTV-24-94-00037-P ...... exempt Rates for basic service and equipment of To determine whether the company's rates Adelphia Communications - International for basic service and equipment are justified system

*CTV-24-94-00042-P ...... exempt Rates for basic service and equipment of To determine whether the company's rates Adelphia Communications/Resort system for basic service and equipment are justified

*CTV-24-94-00043-P ...... exempt Rates for basic service and equipment of To determine whether the company's rates Adelphia Communications - Hoosick system for basic service and equipment are justified

*CTV-24-94-00051-P ...... exempt Rates for basic service and equipment of To determine whether the company's rates Cablevision Systems Corp. - Long for basic service and equipment are justified Island/Great Neck system

*CTV-25-94-00015-P ...... exempt Rates for basic service and equipment of To determine whether the company's rates Selectavision of Cazenovia - Cazenovia for basic service and equipment are justified system

*CTV-25-94-00021-P ...... exempt Rates for basic service and equipment of To determine whether the company's rates Cablevision Systems Corp. - A-R Cable for basic and equipment are justified Services-NY, Inc. Lynbrook system

*CTV-25-94-00023-P ...... exempt Rates for basic service and equipment of To determine whether the company's rates Cablevision Systems Corp. - Dutchess for basic service and equipment are justified system

*CTV-25-94-00026-P ...... exempt Rates for basic service and equipment of To determine whether the company's rates Adelphia Communications - Harbor Vue for basic service and equipment are justified system

*CTV-25-94-00033-P ...... exempt Rates for basic service and equipment of To determine whether the company's rates Cablevision Systems Corp. - East Hampton for basic service and equipment are justified system

*CTV-27-94-00029-P ...... exempt Rates for basic service and equipment of To determine whether the company's rates Cablevision Systems Corp.-Huntington for basic service and equipment are justified system

*CTV-27-94-00031-P ...... exempt Rates for basic service and equipment of To determine whether the company's rates Adelphia Communications-Niagara system for basic service and equipment are justified

*CTV-39-94-00017-P ...... exempt Rates for basic service and equipment of To determine whether the company's rates Time Warner - ATC - ACC Dryden system for basic service and equipment are justified

*CTV-39-94-00018-P ...... exempt Rates for basic service and equipment of To determine whether the company's rates Adelphia Communications-Aurora, for basic service and equipment are justified Chautauqua, Grand Island, Harbor Vue, Hoosick, International, Niagara, Resort and River Valley systems

*CTV-39-94-00019-P ...... exempt Rates for basic service and equipment of To determine whether the company's rates C-Tec Cable Corp.-C-Tec Cable system for basic service and equipment are justified

*CTV-39-94-00023-P ...... exempt Rates for basic service and equipment of To determine whether the company's rates United Video Cablevision of New for basic service and equipment are justified York-Community Cable system

*CTV-39-94-00033-P ...... exempt Rates for basic service and equipment of To determine whether the company's rates Simmons Communications-Simmons for basic service and equipment are justified Cable-Salamanca system

28 NYS Register/November 10, 2004 Action Pending Index

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

CABLE TELEVISION, COMMISSION ON

*CTV-39-94-00035-P ...... exempt Rates for basic service and equipment of To determine whether the company's rates TKR Cable Company-Ramapo, Rockland for basic service and equipment are justified and Warwick systems

*CTV-39-94-00037-P ...... exempt Rates for basic service and equipment of To determine whether the company's rates U.S. Cable Corp.-Evangola, Westfield and for basic service and equipment are justified Tri - County/Arcade systems

*CTV-39-94-00039-P ...... exempt Rates for basic service and equipment of To determine whether the company's rates Time Warner-Warner for basic service and equipment are justified Communications/Olean system

*CTV-45-94-00010-P ...... exempt Rates for basic service and equipment of To determine whether the company's rates Cablevision Industries, for basic service and equipment are justified Inc.-Genesee/Tri-County/Medina system

CHILDREN AND FAMILY SERVICES, OFFICE OF

CFS-09-04-00015-P ...... 03/03/05c Statewide Automated Child Welfare To implement the system Information System (SACWIS)

CIVIL SERVICE, DEPARTMENT OF

CVS-31-04-00001-P ...... 01/31/05 Jurisdictional classification To classify positions in the exempt class in the Department of Law

CVS-31-04-00002-P ...... 01/31/05 Jurisdictional classification To delete a position from and classify a position in the exempt class in the Executive Department

CVS-31-04-00003-P ...... 01/31/05 Jurisdictional classification To classify a position in the non-competitive class in the State University of New York

CVS-31-04-00004-P ...... 01/31/05 Jurisdictional classification To classify a position in the non-competitive class in the Department of Family Assistance

CVS-31-04-00005-P ...... 01/31/05 Jurisdictional classification To delete positions from and classify postitions in the non-competitive class in the State Department Service and the Executive Department

CVS-31-04-00006-P ...... 01/31/05 Jurisdictional classification To delete positions from and classify positions in the non-competitive class in the Executive Department

CVS-35-04-00004-P ...... 02/28/05 Jurisdictional classification To classify a position in the exempt class in the New York State Thruway Authority

CVS-35-04-00005-P ...... 02/28/05 Jurisdictional classification To classify a position in the exempt class in the State University of New York

CVS-35-04-00006-P ...... 02/28/05 Jurisdictional classification To classify a position in the exempt class in the Department of Civil Service

CVS-35-04-00007-P ...... 02/28/05 Jurisdictional classification To delete a position from and classify a position in the exempt class in the Executive Department

CVS-35-04-00008-P ...... 02/28/05 Jurisdictional classification To classify a position in the non-competitive class in the Department of Mental Hygiene

CVS-35-04-00009-P ...... 02/28/05 Jurisdictional classification To delete positions from and classify positions in the non-competitive class in the Department of Mental Hygiene and Executive Department

29 Action Pending Index NYS Register/November 10, 2004

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

CIVIL SERVICE, DEPARTMENT OF

CVS-42-04-00004-P ...... 04/18/05 Jurisdictional classification To delete a position from and classify a position in the exempt class in the Insurance Department

CVS-42-04-00005-P ...... 04/18/05 Jurisdictional classification To delete a position from the non-competitive class in the Executive Department

CVS-42-04-00006-P ...... 04/18/05 Jurisdictional classification To delete a position from and classify a position in the non-competitive class in the Department of Economic Development

CVS-42-04-00007-P ...... 04/18/05 Jurisdictional classification To delete a position from and classify a position in the non-competitive class in the Executive Department

CORRECTIONAL SERVICES, DEPARTMENT OF

COR-45-04-00006-P ...... 05/09/05 Departmental records and release of To conform to the requirements of the Health information Information Portability and Accountability Act

EDUCATION DEPARTMENT

EDU-24-04-00005-RP ...... 06/16/05c Supplementary certificate in the classroom To establish a new teaching certificate teaching service

EDU-33-04-00008-P ...... 02/14/05 Residency option pathway for dental To adjust the requirements licensure

EDU-33-04-00009-P ...... 02/14/05 Executive director of the Office of Teaching To update the office title Initiatives

EDU-33-04-00010-P ...... 02/14/05 Local high school equivalency diploma To extend certain provisions for three years

EDU-33-04-00011-P ...... 02/14/05 Adult literacy education aid To amend requirements for not-for-profit organizations

EDU-34-04-00011-P ...... 02/21/05 Professional licensure in mental health To establish education, experience and counseling examination requirements

EDU-34-04-00012-P ...... 02/21/05 Professional licensure in marriage and family To establish education, experience and therapy examination requirements

EDU-34-04-00013-P ...... 02/21/05 Professional licensure in creative arts To establish education, experience and therapy examination requirements

EDU-34-04-00014-P ...... 02/21/05 Professional licensure in psychoanalysis To establish education, experience and examination requirements

EDU-39-04-00004-P ...... 03/28/05 Qualifications for teachers and To incorporate by reference requirements of paraprofessionals the No Child Left Behind Act of 2001

EDU-43-04-00005-P ...... 04/25/05 The period of validity of the initial teaching To increase the duration of the initial certificate and flexibility in the staffing of teaching certificate and provide teacher teacher preparation programs preparation programs greater flexibility in the staffing of those programs

ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, NEW YORK STATE

ERD-35-04-00011-P ...... 02/28/05 Minimum energy efficiency standards To establish minimum energy efficiency standards for energy using products purchased by or for the State or any agency thereof

30 NYS Register/November 10, 2004 Action Pending Index

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

ENVIRONMENTAL CONSERVATION, DEPARTMENT OF

ENV-14-04-00003-RP ...... 05/14/05c Emission standards for motor vehicles and To incorporate modifications motor vehicle engines

ENV-35-04-00024-P ...... 04/13/05 Acid deposition reduction budget trading To reduce emissions of NOx and SO2 from programs for NOx and SO2 fossil fuel-fired electric generating sources statewide

ENV-37-04-00003-P ...... 04/03/05 Bear hunting in the Southern Zone To expand the areas open for black bear hunting

ENV-37-04-00008-P ...... 03/14/05 Beaver trapping regulations To reduce the accidental taking of river otter in body-gripping traps set for beaver in areas closed to river otter trapping

ENV-40-04-00001-EP ...... 04/04/05 Migratory game bird hunting regulations To adjust hunting areas, season dates and bag limits for the 2004-2005 season

ENV-42-04-00002-EP ...... 04/18/05 Sportfishing regulations To correct or clarify existing fishing regulations

ENV-44-04-00002-P ...... 05/02/05 Sanitary condition of shellfish lands To reclassify underwater lands for shellfishing purposes

ENV-44-04-00012-P ...... 06/07/05 Emissions testing, sampling, analytical To revise the emission statement rule determinations and emission statements

ENV-44-04-00013-P ...... 06/07/05 Regulating sulfur content of motor vehicle To establish a backstop to Federal motor diesel fuel vehicle diesel fuel sulfur content regulations

ENV-44-04-00014-P ...... 06/07/05 National Emission Standards for Hazardous To incorporate NESHAPs and add a Air Pollutants (NESHAP) regulations reference test method

HEALTH, DEPARTMENT OF

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

HLT-07-04-00027-RP ...... 02/17/05c Criminal history record check of certain To protect nursing home residents and home non-licensed nursing home and home care care clients staff

HLT-12-04-00015-P ...... 03/24/05c Approval of laboratories performing To establish conditions under which approval environmental analysis shall be granted

HLT-13-04-00017-P ...... 03/31/05c Managed care organizations To amend obsolete provisions

HLT-21-04-00011-P ...... 11/22/04 Perinatal regionalization To update standards for perinatal designation of obstetrical hospitals and consolidate standards for perinatal regionalization

HLT-26-04-00003-P ...... 12/27/04 Animals in health care facilities To bring current standards for accessing service animals into compliance with the Americans with Disabilities Act and update additional standards

HLT-31-04-00013-P ...... 01/31/05 DRGs, SIWs, trimpoints and arithmetic mean To modify the DRG listing, SIWs, trimpoints LOS and arithmetic mean LOS

HLT-32-04-00002-P ...... 02/07/05 Emergency department/services data To include emergency department/services collection by SPARCS data collection as a required submission

HLT-32-04-00003-P ...... 02/07/05 watershed rules and To make the State-adopted New York City regulations watershed regulations consistent with the revised New York City regulations

31 Action Pending Index NYS Register/November 10, 2004

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

HEALTH, DEPARTMENT OF

HLT-32-04-00007-P ...... 02/07/05 Part-time clinics To clarify and enhance the requirements that apply to part-time clinics and require prior limited review of all part-time clinic sites

HLT-32-04-00008-P ...... 02/07/05 Payment for psychiatric social work services To permit psychotherapy by certified social workers as a billable service under certain circumstances

HLT-32-04-00009-P ...... 02/07/05 Standard autopsy protocols for unanticipated To establish protocols infant deaths

HLT-33-04-00004-P ...... 02/14/05 Water well construction To establish standards for water well construction

HLT-34-04-00005-P ...... 02/21/05 Medicaid enteral nutrition reimbursement To decrease Medicaid reimbursement for methodology enteral nutrition

HLT-36-04-00001-P ...... 03/07/05 Rate of payment for limited home care To reduce Medicaid expenditures for certain services agencies personal care services

INSURANCE DEPARTMENT

*INS-52-00-00004-P ...... exempt Plan of conversion by Utilities Mutual To convert into a stock property/casualty Insurance Company insurance company

INS-44-04-00003-P ...... 05/02/05 New York State Partnership for Long Term To add new plan designs and update current Care Program plan design

INS-45-04-00002-EP ...... 05/09/05 Claim submission guidelines for medical To determine when a health care insurance service and hospital claims claim is considered complete and ready for payment

LAW, DEPARTMENT OF

LAW-07-04-00012-P ...... 02/17/05c Senior residential communities To insure residents receive material disclosures

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

MENTAL HEALTH, OFFICE OF

OMH-35-04-00010-P ...... 02/28/05 Audits of Office of Mental Health licensed or To clarify authority to require financial reports operated facilities, programs or units and audits

MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, OFFICE OF

MRD-34-04-00008-P ...... 02/21/05 Definition of developmental disability To change the definition by adding the disorder, familial dysautonomia

MRD-39-04-00005-P ...... 03/28/05 Reimbursement of HCBS waiver services To establish an hourly unit of service for HCBS waiver respite service

MRD-42-04-00010-P ...... 04/18/05 Rate setting for intermediate care facilities To implement an efficiency adjustment for persons with developmental disabilities applicable to under 31-bed ICF/DD facilities

32 NYS Register/November 10, 2004 Action Pending Index

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

MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, OFFICE OF

MRD-43-04-00004-P ...... 04/25/05 Responsibility for home health aide and To require that certain residential facilities personal care services in certain residential and day care programs be responsible for facilities and day care programs Medicaid-reimbursable home aide and personal care services provided to participants in those settings

MOTOR VEHICLES, DEPARTMENT OF

MTV-37-04-00001-P ...... 03/14/05 Abandoned vehicles To raise the threshold value of abandoned vehicles, delete references to obsolete forms, update form numbers and make other minor clarifying revisions

MTV-42-04-00009-P ...... 04/18/05 Dealers and transporters To amend search fees for certain documents

NIAGARA FALLS WATER BOARD

NFW-42-04-00003-EP ...... 04/18/05 Schedule of rates, fees and charges To amend the schedule

POWER AUTHORITY OF THE STATE OF NEW YORK

PAS-41-04-00006-P ...... exempt Rates for the sale of certain power and To recover the cost of providing firm power energy and energy services

PAS-41-04-00007-P ...... exempt Rates for the sale of certain power and To maintain the system's fiscal integrity energy

PAS-45-04-00007-P ...... exempt Charges applicable to the sale of certain To maintain the system's fiscal integrity power and energy

PUBLIC SERVICE COMMISSION

*PSC-29-95-00032-P ...... exempt Extension of facilities by electric corporations To extend the low income line extension and municipalities program

*PSC-35-96-00013-P ...... exempt Rates for basic service and equipment by To review the company's rates in its Olean system

*PSC-36-96-00032-P ...... exempt Rates for basic service and equipment by To review the company's rates Paragon Cable in its Elmira system

*PSC-37-96-00006-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable (Binghamton) in its Waverly system

*PSC-37-96-00007-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable (Syracuse) in its Chittenango system

*PSC-37-96-00008-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable (Syracuse) in its Oneida system

*PSC-37-96-00009-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable (Rochester) in its Macedon system

*PSC-37-96-00010-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable (Rochester) in its Cayuga system

33 Action Pending Index NYS Register/November 10, 2004

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

PUBLIC SERVICE COMMISSION

*PSC-37-96-00011-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable (Albany) in its Port Henry system

*PSC-37-96-00012-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable (Albany) in its Whitehall system

*PSC-37-96-00013-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable (Liberty) in its Highland system

*PSC-37-96-00014-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable (Liberty) in its Washingtonville system

*PSC-37-96-00015-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable (Rochester) in its South Seneca system

*PSC-37-96-00016-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable (Binghamton) in its Watkins Glen system

*PSC-37-96-00017-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable (Liberty) in its Freedonia system

*PSC-37-96-00018-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable (Liberty) in its New Paltz system

*PSC-37-96-00019-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable (Liberty) in its Port Jervis system

*PSC-37-96-00020-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable (Liberty) in its Saugerties system

*PSC-37-96-00021-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable (Binghamton) in its Owego system

*PSC-37-96-00022-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable (Albany) in its Glens Falls system

*PSC-37-96-00023-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable (Liberty) in its Walden system

*PSC-37-96-00024-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable (Liberty) in its Wurtsboro system

*PSC-37-96-00025-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable (Albany) in its Glenville system

*PSC-37-96-00026-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable (Albany) in its Saratoga system

*PSC-37-96-00028-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable (Liberty) in its Ellenville system

34 NYS Register/November 10, 2004 Action Pending Index

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

PUBLIC SERVICE COMMISSION

*PSC-37-96-00029-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable (Rochester) in its Canandaiugua system

*PSC-37-96-00030-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable (Rochester) in its Sodus system

*PSC-37-96-00031-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable (Rochester) in its Attica system

*PSC-37-96-00032-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable (Rochester) in its Avon system

*PSC-37-96-00033-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable (Rochester) in its Covington system

*PSC-37-96-00034-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable (Liberty) in its Monticello system

*PSC-37-96-00035-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable (Binghamton) in its Whitney Point system

*PSC-37-96-00036-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable (Rochester) in its Geneva system

*PSC-37-96-00037-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable (Liberty) in its Middletown system

*PSC-37-96-00038-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable (Rochester) in its Newark system

*PSC-37-96-00039-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable (Liberty) in its Hunter system

*PSC-37-96-00040-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable (Syracuse) in its Constantia system

*PSC-37-96-00049-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable (Liberty) in its Narrowsburg system

*PSC-37-96-00050-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable (Rochester) in its Perry system

*PSC-37-96-00051-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable (Syracuse) in its Seneca system

*PSC-37-96-00052-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable (Rochester) in its Stafford system

*PSC-37-96-00053-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable (Albany) in its Ticonderoga system

35 Action Pending Index NYS Register/November 10, 2004

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

PUBLIC SERVICE COMMISSION

*PSC-37-96-00054-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable (Binghamton) in its Walton system

*PSC-37-96-00055-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable (Liberty) in its Liberty system

*PSC-37-96-00056-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable (Rochester) in its Bennington system

*PSC-38-96-00025-P ...... exempt Rates for basic service and equipment by To review the company's rates TCI of New York in its Lowville system

*PSC-38-96-00026-P ...... exempt Rates for basic service and equipment by To review the company's rates Adelphia Cable Communications in its Aurora system

*PSC-38-96-00027-P ...... exempt Rates for basic service and equipment by To review the company's rates Adelphia Cable Communications in its Chautauqua system

*PSC-38-96-00028-P ...... exempt Rates for basic service and equipment by To review the company's rates Adelphia Cable Communications in its Grand Island system

*PSC-38-96-00029-P ...... exempt Rates for basic service and equipment by To review the company's rates Adelphia Cable Communications in its Niagara Frontier system

*PSC-38-96-00030-P ...... exempt Rates for basic service and equipment by To review the company's rates TCI of New York in its Schenectady system

*PSC-38-96-00031-P ...... exempt Rates for basic service and equipment by To review the company's rates TCI of New York in its Westchester system

*PSC-38-96-00032-P ...... exempt Rates for basic service and equipment by To review the company's rates TCI of New York in its Amsterdam system

*PSC-38-96-00033-P ...... exempt Rates for basic service and equipment by To review the company's rates Adelphia Cable Communications in its Global Acquisition system

*PSC-38-96-00034-P ...... exempt Rates for basic service and equipment by To review the company's rates TCI of Brookhaven in its Brookhaven system

*PSC-38-96-00035-P ...... exempt Rates for basic service and equipment by To review the company's rates Adelphia Cable Communications in its International system

*PSC-38-96-00036-P ...... exempt Rates for basic service and equipment by To review the company's rates TCI of New York in its Adams system

*PSC-38-96-00037-P ...... exempt Rates for basic service and equipment by To review the company's rates Adelphia Cable Communications in its Mountain Cable system

*PSC-38-96-00038-P ...... exempt Rates for basic service and equipment by To review the company's rates Adelphia Cable Communications in its Hoosick system

*PSC-38-96-00039-P ...... exempt Rates for basic service and equipment by To review the company's rates TCI of New York in its Mexico system

*PSC-38-96-00040-P ...... exempt Rates for basic service and equipment by To review the company's rates TCI of New York in its Kingston system

*PSC-38-96-00041-P ...... exempt Rates for basic service and equipment by To review the company's rates TCI of New York in its Boonville system

36 NYS Register/November 10, 2004 Action Pending Index

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

PUBLIC SERVICE COMMISSION

*PSC-38-96-00042-P ...... exempt Rates for basic service and equipment by To review the company's rates TCI of New York in its Poughkeepsie system

*PSC-38-96-00043-P ...... exempt Rates for basic service and equipment by To review the company's rates Adelphia Cable Communications in its Harbor Vue system

*PSC-51-96-00009-P ...... exempt Safe and adequate service by Long Island To ensure that utilities provide safe and Lighting Company's Glenwood Landing adequate service propane plant

*PSC-04-97-00017-P ...... exempt Rates for basic service by C-TEC Cable To review the rates Systems of New York, Inc.

*PSC-04-97-00018-P ...... exempt Rates for basic service by Continental To review the rates Cablevision in its Westchester system

*PSC-04-97-00023-P ...... exempt Rates for basic service by Time Warner To review the rates Cable in its Olean system

*PSC-06-97-00001-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable in its Elmira system

*PSC-06-97-00002-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable in its Jamestown system

*PSC-06-97-00004-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable in its Waverly system

*PSC-06-97-00005-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable in its Chittenango system

*PSC-06-97-00006-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable in its Oneida system

*PSC-06-97-00007-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable in its Macedon system

*PSC-06-97-00008-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable in its Cayuga system

*PSC-06-97-00009-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable in its Port Henry system

*PSC-06-97-00010-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable in its Whitehall system

*PSC-06-97-00011-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable in its Highland system

*PSC-06-97-00012-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable in its Washingtonville system

*PSC-06-97-00013-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable in its South Seneca system

*PSC-06-97-00014-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable in its Watkins Glen system

*PSC-06-97-00015-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable in its Fredonia system

*PSC-06-97-00016-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable in its New Paltz system

37 Action Pending Index NYS Register/November 10, 2004

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

PUBLIC SERVICE COMMISSION

*PSC-06-97-00017-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable in its Port Jervis system

*PSC-06-97-00018-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable in its Saugerties system

*PSC-06-97-00020-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable in its Owego system

*PSC-06-97-00021-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable in its Glens Falls system

*PSC-06-97-00022-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable in its Walden system

*PSC-06-97-00023-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable in its Wurtsboro system

*PSC-06-97-00024-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable in its Glenville system

*PSC-06-97-00025-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable in its Saratoga system

*PSC-06-97-00027-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable in its Ellenville system

*PSC-06-97-00028-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable in its Canandaigua system

*PSC-06-97-00029-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable in its Sodus system

*PSC-06-97-00030-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable in its Attica system

*PSC-06-97-00031-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable in its Avon system

*PSC-06-97-00032-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable in its Covington system

*PSC-06-97-00033-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable in its Monticello system

*PSC-06-97-00034-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable in its Whitney Point system

*PSC-06-97-00035-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable in its Geneva system

*PSC-06-97-00036-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable in its Middletown system

*PSC-06-97-00037-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable in its Newburgh system

*PSC-06-97-00038-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable in its Newark system

*PSC-06-97-00039-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable in its Hunter system

*PSC-06-97-00040-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable in its Constantia system

38 NYS Register/November 10, 2004 Action Pending Index

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

PUBLIC SERVICE COMMISSION

*PSC-06-97-00041-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable in its Narrowsburg system

*PSC-06-97-00042-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable in its Perry system

*PSC-06-97-00043-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable in its Seneca system

*PSC-06-97-00044-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable in its Stafford system

*PSC-06-97-00046-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable in its Ticonderoga system

*PSC-06-97-00048-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable in its Walton system

*PSC-06-97-00049-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable in its Liberty system

*PSC-06-97-00050-P ...... exempt Rates for basic service and equipment by To review the company's rates Time Warner Cable in its Bennington system

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

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

*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 , et al.

*PSC-51-98-00034-P ...... exempt Rates for basic service by Cablevision To review the company's rates Systems Corp. (A-R Cable) in its Yorktown (North) system

*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-33-99-00007-P ...... exempt Transfer of hydroelectric facilities by the City To establish conditions of Oswego

*PSC-50-99-00004-P ...... exempt Electric service by the University of To establish the extent and type of regulatory Rochester provisions applicable to the University of Rochester as a provider of electric service within its campus

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

*PSC-51-99-00025-P ...... exempt Fixed pressure factor accuracy maintenance To waive certain requirements by Brooklyn Union Gas

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

39 Action Pending Index NYS Register/November 10, 2004

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

PUBLIC SERVICE COMMISSION

*PSC-52-99-00015-P ...... exempt Retail access in Rochester Gas and Electric To enhance and increase the availability of Corporation's service territory by New York retail access State Electric & Gas Corporation

*PSC-52-99-00016-P ...... exempt Applicability of Public Service Law to To interpret the law so as to carry out its telephone companies and wholesale intent generators

*PSC-02-00-00018-P ...... exempt Retail access by Rochester Gas and Electric To enhance and increase the availability of Corporation retail access to competitive suppliers of electricity

*PSC-04-00-00019-P ...... exempt Standby service by Rochester Gas and To establish the service for certain Electric Corporation customers

*PSC-04-00-00023-P ...... exempt Deferred accounting by New York-American To defer expenses associated with an Water Company increase in the cost of water purchased from Westchester Joint Water Works

*PSC-07-00-00020-P ...... exempt Uniform system of accounts by Rochester To defer items of expense beyond the end of Gas and Electric Corporation the year in which they were incurred

*PSC-10-00-00012-P ...... exempt Master metering and remetering of electricity To waive requirements in residential by Glen Eddy, Inc. buildings

*PSC-10-00-00013-P ...... exempt Master metering and remetering of electricity To waive requirements in residential by The Glen at Highland Meadows, Inc. buildings

*PSC-11-00-00005-P ...... exempt Master metering and remetering of electricity To waive certain requirements in residential buildings by Westwood Village, Inc.

*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 To review the terms and conditions of the York Telephone Company d/b/a Bell negotiated agreement Atlantic-New York and Media Log, Inc.

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

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

*PSC-14-00-00030-P ...... exempt Electric utility tariffs for standby service To adopt new or modified methods for establishing rates, terms and conditions

*PSC-15-00-00012-P ...... exempt Gas meters by Atlantic Equipment To consider the issues Corporation

*PSC-15-00-00013-P ...... exempt Transfer of property by New York State To allow the company to transfer its Electric and Gas Corporation Binghamton General Office Building

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

*PSC-17-00-00008-P ...... exempt Capacity issues by the Small Customer To investigate certain capacity issues Marketer Coalition

*PSC-21-00-00006-P ...... exempt Electric utility outage emergency plan To ensure compliance and implement best compliance and best practices practices

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

40 NYS Register/November 10, 2004 Action Pending Index

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

PUBLIC SERVICE COMMISSION

*PSC-23-00-00034-P ...... exempt Transfer of real property and stocks by To consider if the issues necessitated Hunter Mountain Water Supply Corporation commission approval

*PSC-24-00-00010-P ...... exempt Submetering of electricity by Brodsky To allow submetering of electricity at 410 E. Organization 61st St., New York, NY

*PSC-25-00-00006-P ...... exempt Interruptible gas rates To establish criteria for interruptible gas rates

*PSC-26-00-00010-P ...... exempt Transfer of certain books and records by To transfer certain records from Lynbrook, Long Island Water Corporation NY to Marlton and Vorhees, NJ

*PSC-28-00-00017-P ...... exempt Water rates and charges by Willow Towers, To determine whether a charge for system Inc. upgrading is invalid

*PSC-31-00-00025-P ...... exempt Reinforcement of gas distribution facilities by To consider the conditions Consolidated Edison Company of New York, Inc.

*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-33-00-00014-P ...... exempt Compliance with certain legal requirements To specify the regulatory regime under which by Seneca Resources Corporation the company will continue to operate

*PSC-33-00-00015-P ...... exempt Interruptible gas transportation service by To consider a complaint regarding service New York Organic Fertilizer Company and and related matters Consolidated Edison Company of New York, Inc.

*PSC-34-00-00015-P ...... exempt Rates for basic service by Time Warner To review the basic service level rate filings CableintheWatkinsGlenAreaSystem

*PSC-35-00-00027-P ...... exempt Issuance of securities by The New York To increase the limit on its revolving credit Independent System Operator, Inc. agreement by $38 million

*PSC-35-00-00028-P ...... exempt Rates for basic service of Time Warner To review the basic service level rate filings Cable in the Walton area system

*PSC-35-00-00029-P ...... exempt Rates for basic service of Time Warner To review the basic service level rate filings Cable in the Whitney Point area system

*PSC-35-00-00030-P ...... exempt Rates for basic service of Time Warner To review the basic service level rate filings Cable in the Owego area system

*PSC-35-00-00031-P ...... exempt Rates for basic service of Time Warner To review the basic service level rate filings CableintheWaverlyareasystem

*PSC-35-00-00032-P ...... exempt Rates for basic service of Time Warner To review the basic service level rate filings CableintheCorningareasystem

*PSC-35-00-00033-P ...... exempt Rates for basic service of Time Warner To review the basic service level rate filings CableintheNewarkValleyareasystem

*PSC-35-00-00034-P ...... exempt Rates for basic service of Time Warner To review the basic service level rate filings Cable in the Binghamton area system

*PSC-35-00-00035-P ...... exempt Rates for basic service of Time Warner To review the basic service level rate filings Cable in the Elmira area system

*PSC-35-00-00036-P ...... exempt Rates for basic service of Time Warner To review the basic service level rate filings Cable in the Oneonta area system

*PSC-35-00-00037-P ...... exempt Rates for basic service of Time Warner To review the basic service level rate filings CableintheDelhiareasystem

*PSC-35-00-00038-P ...... exempt Rates for basic service of Time Warner To review the basic service level rate filings Cable in the New Berlin area system

41 Action Pending Index NYS Register/November 10, 2004

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

PUBLIC SERVICE COMMISSION

*PSC-35-00-00039-P ...... exempt Rates for basic service of Time Warner To review the basic service level rate filings Cable in the Cooperstown area system

*PSC-35-00-00040-P ...... exempt Rates for basic service of Time Warner To review the basic service level rate filings Cable in the Sidney area system

*PSC-35-00-00041-P ...... exempt Rates for basic service of Time Warner To review the basic service level rate filings Cable in the Oxford area system

*PSC-35-00-00042-P ...... exempt Rates for basic service of Time Warner To review the basic service level rate filings Cable in the Bainbridge area system

*PSC-35-00-00043-P ...... exempt Rates for basic service of Time Warner To review the basic service level rate filings Cable in the Rochester area system

*PSC-35-00-00044-P ...... exempt Rates for basic service of Time Warner To review the basic service level rate filings CableintheBataviaareasystem

*PSC-35-00-00045-P ...... exempt Rates for basic service of Time Warner To review the basic service level rate filings Cable in the Honeoye area system

*PSC-35-00-00046-P ...... exempt Rates for basic service of Time Warner To review the basic service level rate filings Cable in the Finger Lakes area system

*PSC-35-00-00047-P ...... exempt Rates for basic service of Time Warner To review the basic service level rate filings CableintheWatertownareasystem

*PSC-35-00-00048-P ...... exempt Rates for basic service of Time Warner To review the basic service level rate filings Cable in the Syracuse area system

*PSC-35-00-00049-P ...... exempt Rates for basic service of Time Warner To review the basic service level rate filings Cable in the Rome area system

*PSC-35-00-00050-P ...... exempt Rates for basic service of Time Warner To review the basic service level rate filings Cable in the Potsdam area system

*PSC-35-00-00051-P ...... exempt Rates for basic service of Time Warner To review the basic service level rate filings Cable in the Oswego area system

*PSC-35-00-00052-P ...... exempt Rates for basic service of Time Warner To review the basic service level rate filings Cable in the Oneida area system

*PSC-35-00-00053-P ...... exempt Rates for basic service of Time Warner To review the basic service level rate filings Cable in the Ogdensburg area system

*PSC-35-00-00054-P ...... exempt Rates for basic service of Time Warner To review the basic service level rate filings Cable in the Massena area system

*PSC-35-00-00055-P ...... exempt Rates for basic service of Time Warner To review the basic service level rate filings Cable in the Malone area system

*PSC-35-00-00056-P ...... exempt Rates for basic service of Time Warner To review the basic service level rate filings Cable in the Ithaca area system

*PSC-35-00-00057-P ...... exempt Rates for basic service of Time Warner To review the basic service level rate filings CableintheIlionareasystem

*PSC-35-00-00058-P ...... exempt Rates for basic service of Time Warner To review the basic service level rate filings Cable in the Fulton area system

*PSC-35-00-00059-P ...... exempt Rates for basic service of Time Warner To review the basic service level rate filings Cable in the Champlain area system

*PSC-35-00-00060-P ...... exempt Rates for basic service of Time Warner To review the basic service level rate filings Cable in the Carthage area system

*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

42 NYS Register/November 10, 2004 Action Pending Index

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

PUBLIC SERVICE COMMISSION

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

*PSC-37-00-00002-P ...... exempt Retail access program by Central Hudson To revise the program Gas & Electric Corporation

*PSC-37-00-00005-P ...... exempt Submetering of electricity by American To allow submetering at 399 East 72nd St., Metering and Planning New York, NY

*PSC-37-00-00007-P ...... exempt Rates and charges by Consolidated Edison To review the rates and charges Company of New York, Inc.

*PSC-37-00-00009-P ...... exempt Exemption from regulation by Lake Joseph To consider the petition Homeowners' Association, Inc.

*PSC-38-00-00011-P ...... exempt Certificate of environmental compatibility and To insure environmental compatibility of public need by Southern Energy Bowline, proposed facilities L.L.C.

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

*PSC-40-00-00005-P ...... exempt Marketers' charges by Central Hudson To consider the issues

*PSC-41-00-00015-P ...... exempt Transfer of franchises or stock by Sithe To transfer stock of Sithe Energies to Energies, Inc., et al. Exelon-Fossil

*PSC-41-00-00019-P ...... exempt Niagara Mohawk Power Corporation's To request that the commission intercede supervisor/inspector quality control checklist and mandate a change by Local 97, International Brotherhood of Electrical Workers Union

*PSC-41-00-00021-P ...... exempt Exemption from certain provisions by Norse To specify the regulatory regime under which Pipeline, LLC Norse will operate

*PSC-42-00-00007-P ...... exempt Electric rates by Orange and Rockland To consider a proposed resolution to Utilities, Inc. and the Orange County investigate increased electric rates Legislature

*PSC-42-00-00008-P ...... exempt Electric rates by Orange and Rockland To consider a petition from the Attorney Utilities, Inc. General of the State of New York for reconsideration of the automatic rate adjustment mechanisms

*PSC-43-00-00015-P ...... exempt Water rates and charges by Summit To request a determination Landing, LLC

*PSC-43-00-00018-P ...... exempt Gas transportation operating procedures To update the tariff manual by Central Hudson Gas & Electric Corporation

*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-44-00-00018-P ...... exempt Gas meters and accessories by Tiger To permit approval of the data collection Natural Gas, Inc. device

*PSC-45-00-00020-P ...... exempt Street lighting service by Niagara Mohawk To give relief to municipal and other similarly Power Corporation situated street lighting customers

*PSC-45-00-00021-P ...... exempt Billing of municipal and other street lighting To examine revisions in the acts and customers by Niagara Mohawk Power practices in order to facilitate accurate billing Corporation

*PSC-45-00-00025-P ...... exempt Franchising standards by the Town of To waive certain franchising standards Spafford

43 Action Pending Index NYS Register/November 10, 2004

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

PUBLIC SERVICE COMMISSION

*PSC-47-00-00006-P ...... exempt Interim metering/billing arrangement by To allow Niagara Mohawk to bill PSEG Niagara Mohawk Power Corporation Power New York, Inc. for electricity usage at the Albany Steam Station

*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-49-00-00014-P ...... exempt Limitations of liability by Consolidated Edison To revise the standards for reviewing and Company of New York, Inc. satisfying claims for loss of food or perishable goods

*PSC-50-00-00009-P ...... exempt Backbilling by Niagara Mohawk Power To avoid noncompliance with the Corporation commission's rules and regulations

*PSC-51-00-00006-P ...... exempt Master metering of water by Helmer-Cronin To master meter the potable water supply Construction and United Water New York

*PSC-01-01-00022-P ...... exempt Interim metering/billing arrangement by To bill Entergy Nuclear Fitzpatrick for Niagara Mohawk Power Corporation electricity usage at James A. Fitzpatrick Nuclear Plant

*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-02-01-00012-P ...... exempt Cable television rules by MTC Cable To waive specified rules

*PSC-04-01-00011-P ...... exempt Submetering at 349 East 49th Street To prohibit submetering Tenants Corp. by David Transom

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

*PSC-08-01-00013-P ...... exempt Long-term capacity availability To evaluate capacity related issues that have arisen or may arise in rate and restructuring negotiations

*PSC-08-01-00014-P ...... exempt Long-term capacity availability To evaluate capacity related issues that have arisen or may arise in rate and restructuring negotiations

*PSC-08-01-00015-P ...... exempt Long-term capacity availability To evaluate capacity related issues that have arisen or may arise in rate and restructuring negotiations

*PSC-08-01-00016-P ...... exempt Long-term capacity availability To evaluate capacity related issues that have arisen or may arise in rate and restructuring negotiations

*PSC-08-01-00020-P ...... exempt Long-term capacity availability To evaluate capacity related issues that have arisen or may arise in rate and restructuring negotiations

*PSC-08-01-00021-P ...... exempt Long-term capacity availability To evaluate capacity related issues that have arisen or may arise in rate and restructuring negotiations

*PSC-08-01-00022-P ...... exempt Long-term capacity availability To evaluate capacity related issues that have arisen or may arise in rate and restructuring negotiations

*PSC-08-01-00024-P ...... exempt Long-term capacity availability To evaluate capacity related issues that have arisen or may arise in rate and restructuring negotiations

*PSC-09-01-00017-P ...... exempt Farm and Food Processor Retail Access To consider further extending the existing Pilot Program program

44 NYS Register/November 10, 2004 Action Pending Index

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

PUBLIC SERVICE COMMISSION

*PSC-09-01-00019-P ...... exempt Utility demand response plans To put relevant programs of six major electric utilities in place

*PSC-10-01-00026-P ...... exempt New York Independent System Operator's To implement the program Emergency Price Responsive Program by Consolidated Edison Company of New York, Inc.

*PSC-10-01-00027-P ...... exempt New York Independent System Operator's To implement the program Emergency Price Responsive Program by Central Hudson Gas and Electric Corporation

*PSC-10-01-00028-P ...... exempt New York Independent System Operator's To implement the program Emergency Price Responsive Program by New York State Electric and Gas Corporation

*PSC-10-01-00029-P ...... exempt New York Independent System Operator's To implement the program Emergency Price Responsive Program by Niagara Mohawk Power Corporation

*PSC-10-01-00030-P ...... exempt New York Independent System Operator's To implement the program Emergency Price Responsive Program by Orange and Rockland Utilities, Inc.

*PSC-10-01-00031-P ...... exempt New York Independent System Operator's To implement the program Emergency Price Responsive Program by Rochester Gas and Electric Corporation

*PSC-12-01-00004-P ...... exempt Methods of monitoring contractors of To mandate changes KeySpan Energy/Brooklyn Gas by Local 101 Transportation Workers Union of America

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

*PSC-13-01-00011-P ...... exempt Meter reading by Long Island Water To approve the remote meter reading plan Corporation

*PSC-14-01-00021-P ...... exempt Issuance of debt by AES Eastern Energy, To approve the issuance of debt by a lightly L.P. regulated wholesale generator

*PSC-14-01-00023-P ...... exempt Market supply charge by Industrial Energy To grant or deny, in whole or in part, the Users Associates, Inc., et al. petition for rehearing

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

*PSC-17-01-00008-P ...... exempt Alternate meter in-test program by Long To allow the company to implement the Island Water Corporation program

*PSC-18-01-00004-P ...... exempt Pole attachment rates To consider pole attachment rates

*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-22-01-00009-P ...... exempt Retail rates for service at 138kV by To review the plan Consolidated Edison Company of New York, Inc.

*PSC-23-01-00031-P ...... exempt Rent inclusion and submetering by To allow submetering of electricity Consolidated Edison Company of New York, Inc.

45 Action Pending Index NYS Register/November 10, 2004

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

PUBLIC SERVICE COMMISSION

*PSC-23-01-00032-P ...... exempt Rent inclusion and submetering by To allow submetering of electricity Consolidated Edison Company of New York, Inc.

*PSC-24-01-00014-P ...... exempt Waiver of specified cable rules by Time To provide cable television service in the Warner Cable Town of French Creek, Chautauqua County

*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-26-01-00015-P ...... exempt Purchase of electricity from a hydroelectric To establish the terms, conditions and qualifying facility by Chittenden Falls Hydro payments for the purchase from a Power, Inc. and Niagara Mohawk Power hydroelectric qualifying facility under tariff or Corporation contract

*PSC-30-01-00005-P ...... exempt Business Incentive Rate Program by To extend the program for three years Keyspan Gas East Corp. d/b/a Brooklyn Union of Long Island

*PSC-33-01-00009-P ...... exempt Interconnection agreement between El Paso To review the terms and conditions of the Networks, LLC and Verizon New York Inc. proposed agreement

*PSC-33-01-00016-P ...... exempt Wholesale electric supply portfolio between To approve a series of contracts Niagara Mohawk Power Corporation and Tractebel Energy Marketing, Inc.

*PSC-36-01-00009-P ...... exempt Issuance of securities by Niagara Mohawk To issue and sell securities Power Corporation

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

*PSC-37-01-00003-P ...... exempt Service quality reporting requirements by To waive certain requirements MCIMetro Access Transmission Services LLC

*PSC-39-01-00039-P ...... exempt Lightened regulation by Berrians 1 Gas To determine which provisions apply Turbine Power LLC

*PSC-41-01-00005-P ...... exempt Rehearing of commission order by To consider rescission or modification of Consolidated Edison Company of New York, certain provisions of the commission's order Inc.

*PSC-42-01-00007-P ...... exempt Use of multi-jurisdictional trunks by Sprint To review petition of relief Communications Company L.P.

*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-48-01-00013-P ...... exempt Water rates and charges by United Water To refund an overcollection in revenue and New Rochelle Inc. property taxes

*PSC-49-01-00012-P ...... exempt Day-Ahead Demand Reduction Program and To reflect program experience during the Emergency Demand Response Program by summer of 2001 Central Hudson Gas and Electric Corporation, et al.

*PSC-50-01-00008-P ...... exempt Interconnection agreement between To review the terms and conditions of the Interactive Information Network, Inc. and negotiated agreement Verizon New York Inc.

*PSC-50-01-00010-P ...... exempt Experimental POLR alternative by Rochester To waive the requirement that an Gas & Electric Corporation experimental alternative to POLR be developed

*PSC-50-01-00011-P ...... exempt Lightened regulatory regime by Fortistar To determine what provisions of the Public Chelsea, LLC Service Law pertain

*PSC-50-01-00012-P ...... exempt Lightened regulatory regime by Fortistar To determine which provisions of the Public South Avenue, LLC Service Law pertain

46 NYS Register/November 10, 2004 Action Pending Index

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

PUBLIC SERVICE COMMISSION

*PSC-52-01-00020-P ...... exempt Environmental compatibility by Long Island To insure environmental compatibility of Power Authority proposed facilities

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

*PSC-01-02-00008-P ...... exempt Model restrictive covenant To adopt a covenant for the sale or trade of sulfur dioxide allowance credits

*PSC-05-02-00004-P ...... exempt Interconnection agreement between Verizon To review the terms and conditions of the New York Inc. and Global NAPs, Inc. negotiated agreement

*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-05-02-00006-P ...... exempt Uniform system of accounts by United Water To defer expenditures relating to an early Owego Inc. retirement program

*PSC-05-02-00007-P ...... exempt Uniform system of accounts by United Water To defer expenditures relating to an early New Rochelle Inc. retirement program

*PSC-05-02-00008-P ...... exempt Uniform system of accounts by United Water To defer expenditures relating to an early New York Inc. retirement program

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

*PSC-06-02-00016-P ...... exempt Waiver of requirements by Charter To waive requirements issued in the July 2, Communications Entertainment I, LLC 2001 order

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

*PSC-09-02-00016-P ...... exempt Submetering of electricity by the City of New To waive 16 NYCRR section 96.2(e)(1) for York Department of Housing Preservation 35 non-refinanced City Mitchell-Lama and Development cooperative developments

*PSC-12-02-00008-P ...... exempt Interconnection agreement between XO New To determine where Verizon must York, Inc. and Verizon New York Inc. interconnect with XO New York, Inc.

*PSC-12-02-00009-P ...... exempt NXX codes in 716 area by Cricket To assign two central office codes Communications, Inc.

*PSC-13-02-00024-P ...... exempt Petition for deferred accounting by New To defer expenses incurred for additional York-American Water Company, Inc. security initiatives in response to Sept. 11, 2001

*PSC-13-02-00025-P ...... exempt Deferred accounting by New York-American To defer expenses associated with its Water Company, Inc. transfer of function to the national customer service call center

*PSC-14-02-00005-P ...... exempt Standby service rates by Niagara Mohawk To implement lost revenue rate adjustments Power Corporation and deferrals

*PSC-15-02-00010-P ...... exempt Certificate of confirmation by Hometown To operate a cable television system in the Online, Inc. Village of Warwick

*PSC-16-02-00018-P ...... exempt Pole attachment rates by Central Hudson To revise the rate Gas & Electric Corporation

*PSC-16-02-00019-P ...... exempt Certificate of environmental compatibility and To determine whether the appropriate filing public need by Kings Park Energy, LLC requirements are met without imposing any undue burdens

*PSC-16-02-00021-P ...... exempt Affiliate agreement by United Water New To approve the agreement with United Rochelle Inc. Metering Inc. for replacement of water meters

47 Action Pending Index NYS Register/November 10, 2004

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

PUBLIC SERVICE COMMISSION

*PSC-17-02-00013-P ...... exempt Electric service by Nucor Steel Auburn, Inc. To establish conditions for service

*PSC-18-02-00020-P ...... exempt Pole attachment charges by Fiber To consider a complaint against Niagara Technologies Network, L.L.C. Mohawk Power Corporation

*PSC-18-02-00023-P ...... exempt Flexible rate contract by New York State To establish conditions for & Gas Corporation

*PSC-18-02-00025-P ...... exempt Transfer of utility property by New York State To amend the current lease Electric and Gas Corporation

*PSC-20-02-00005-P ...... exempt Interconnection agreement between To review the terms and conditions of the Manhattan Telecommunications Corporation agreement d/b/a Metropolitan Communications and Verizon New York Inc.

*PSC-21-02-00010-P ...... exempt Economic development zone rider by To update rates and charges Niagara Mohawk Power Corporation

*PSC-21-02-00011-P ...... exempt Natural gas metering and heat content To allow for the use of heat content measurement by nonutility entities measurement in rendering bills

*PSC-22-02-00021-P ...... exempt Rate adjustment waiver by Orange and To waive rate adjustment for failure to meet Rockland Utilities, Inc. customer service performance targets

*PSC-22-02-00022-P ...... exempt Water tariff surcharge by HHD Development To collect a surcharge of $3,000 per Corp. customer

*PSC-23-02-00012-P ...... exempt Real Time Pricing Program To extend the pilot and begin the expansion

*PSC-25-02-00021-P ...... exempt Use of refunded over-charges by the Village To use refunded over-charges for imported of Rockville Centre power

*PSC-25-02-00024-P ...... exempt Customer average interruption duration index To update the CAIDI targets for the central (CAIDI) target levels by Orange and and western operating divisions Rockland Utilities, Inc.

*PSC-26-02-00014-P ...... exempt Outreach and education plan by New York To consider modifications State Electric & Gas Corporation

*PSC-27-02-00015-P ...... exempt Daily balancing service by Keyspan Gas To provide a daily balancing program East Corporation, d/b/a Brooklyn Union of L.I.

*PSC-28-02-00014-P ...... exempt Underground electric service lines To require that utilities locate underground electric service lines prior to excavation or demolition work

*PSC-29-02-00012-P ...... exempt Approval of rates and types of service by the To provide billing service for customers Small Customer Marketer Coalition

*PSC-29-02-00013-P ...... exempt Submetering of electricity by Municipal To permit a conversion to electric Housing Authority of the City of Utica, NY submetering

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

*PSC-29-02-00019-P ...... exempt Designation of channel capacity by To establish specific standards Cablevision Systems Long Island Corporation

*PSC-31-02-00010-P ...... exempt Interconnection agreement between Verizon To review the terms and conditions of the New York Inc. and Global NAPs, Inc. negotiated agreement

*PSC-32-02-00011-P ...... exempt Restructuring of corporate debt by Orion To approve the restructuring of corporate Power New York, L.P. debt

*PSC-33-02-00011-P ...... exempt Gas practices by Corning Natural Gas To change gas practices Corporation

*PSC-34-02-00009-P ...... exempt Competitive metering To modify competitive metering procedures 48 NYS Register/November 10, 2004 Action Pending Index

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

PUBLIC SERVICE COMMISSION

*PSC-34-02-00014-P ...... exempt Accounting authorization by Bath Electric, To defer an item of expense Gas and Water Systems

*PSC-34-02-00017-P ...... exempt Uniform methods of keeping accounts and To investigate the need for generic rules records regarding cash management systems

*PSC-36-02-00013-P ...... exempt Permanent rates by Forever Wild Water To establish permanent rates Company, Inc.

*PSC-36-02-00015-P ...... exempt Water service by Roland Properties, Inc. To allow abandonment of the water system

*PSC-41-02-00014-P ...... exempt Calculation of franchise fees by Cablevision To exclude franchise fees from inclusion in Systems Westchester Corp. the calculation of gross receipts

*PSC-42-02-00007-P ...... exempt Rehearing of incentive plan by Verizon New To reexamine the plan York Inc.

*PSC-43-02-00008-P ...... exempt Utility billing by Niagara Mohawk Power To rehear the petition Corporation

*PSC-43-02-00009-P ...... exempt Utility billing by Cost Control Associates, Inc. To rehear the petition

*PSC-43-02-00010-P ...... exempt Lightened regulation by PPL Freeport To consider the request for lightened Energy, LLC regulation

*PSC-43-02-00011-P ...... exempt Utility billing by Niagara Mohwak Power To consider rehearing/clarification of the Corporation order

*PSC-43-02-00012-P ...... exempt Utility billing by Cost Control Associates, Inc. To rehear/clarify the order

*PSC-44-02-00005-P ...... exempt Accounting for affiliate transactions by To accurately reflect all transactions between Frontier Telephone of Rochester, Inc. et al. affiliated companies

*PSC-44-02-00010-P ...... exempt Petition for clarification by Consolidated To clarify the current ratemaking framework Edison Company of New York, Inc. application to the company's steam operation

*PSC-48-02-00010-P ...... exempt Application for non-residential service form To revise the form by The Brooklyn Union Gas Company d/b/a KeySpan Energy Delivery New York

*PSC-48-02-00011-P ...... exempt Submetering of natural gas service by To extend service to commercial customers Quaker Crossing, LLC at the Quaker Crossing Retail Center

*PSC-48-02-00014-P ...... exempt New types of water meters by Sea Cliff To approve the use of PSION/RAMAR radio Water Company frequency meter reading device

*PSC-49-02-00018-P ...... exempt Water service by Gilbert Road Water Works, To allow abandonment of the water system Inc.

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

*PSC-49-02-00025-P ...... exempt Pole attachment rate by Cable Television To consider petition for rehearing and Telecommunications Association of New York, Inc.

*PSC-49-02-00026-P ...... exempt Public interest payphones To consider modification procedures

*PSC-50-02-00016-P ...... exempt Rate changes by Constellations New Energy, To revise New York State Electric and Gas Inc. Corporation's bundled rate option

*PSC-53-02-00007-P ...... exempt Long-term debt requirement by Frontier To waive certain conditions Telephone of Rochester, Inc.

*PSC-53-02-00008-P ...... exempt Petition for rehearing by New York State To consider the approved revisions Electric & Gas Corporation

*PSC-02-03-00008-P ...... exempt Street lighting billing methods by Niagara To more clearly define the netting and Mohawk Power Corporation backbilling methods 49 Action Pending Index NYS Register/November 10, 2004

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

PUBLIC SERVICE COMMISSION

*PSC-03-03-00006-P ...... exempt Recovery of costs by Consolidated Edison To approve the request Company of New York, Inc.

*PSC-04-03-00008-P ...... exempt Uniform system of accounts by United Water To defer an item of expense beyond the end New York Inc. of the year in which it was incurred

*PSC-05-03-00011-P ...... exempt Submetering of natural gas service by To provide gas service at 110 Leroy St., New Royalton Realty Company York, NY

*PSC-05-03-00012-P ...... exempt Uniform system of accounts by Rochester To defer an item of expense beyond the end Gas and Electric Corporation of the year in which it was incurred

*PSC-06-03-00015-P ...... exempt Interconnection agreement between Verizon To amend the agreement New York Inc. and Teleport Communications Group Inc.

*PSC-06-03-00028-P ...... exempt Discontinuance of water service by HHD To allow the company to abandon the water Development Corp. system

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

*PSC-09-03-00009-P ...... exempt Individual metering rules by Bowery To master meter at the Glass Factory, 139 Residence Committee Ave. D, New York, NY

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

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

*PSC-09-03-00016-P ...... exempt Steam rates by Consolidated Edison To modify the steam joint proposal Company of New York, Inc.

*PSC-09-03-00017-P ...... exempt Steam service by Consolidated Edison To amend the steam joint proposal Company of New York, Inc.

*PSC-10-03-00002-P ...... exempt Termination of restructure plan by Verizon To terminate the restructure plan New York Inc.

*PSC-10-03-00003-P ...... exempt Rehearing of commission's order by To rehear the commission's order Statutory Residents of the Royal York

*PSC-10-03-00006-P ...... exempt Issuance of securities by New York State To permit the company to issue securities Electric & Gas Corporation

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

*PSC-11-03-00014-P ...... exempt Stock purchase by Wellesley Island Holding To acquire The Thousand Islands Club Corp. Water Company, Inc.'s stock

*PSC-14-03-00005-P ...... exempt Service Quality Assurance Program by To increase certain performance targets Niagara Mohawk Power Corporation

*PSC-15-03-00012-P ...... exempt Customer service center closures by To consider the impact on customer service Rochester Gas and Electric Corporation quality

*PSC-15-03-00013-P ...... exempt Customer service center closures by New To consider the impact on customer service York State Electric & Gas Corporation quality

*PSC-16-03-00031-P ...... exempt Interconnection agreement between Frontier To review the terms and conditions of the Communications of New York, Inc. and negotiated agreement T-Mobile USA

*PSC-16-03-00032-P ...... exempt Interconnection agreement between Citizens To review the terms and conditions of the Telecommunications Company of New York, negotiated agreement Inc., et al. and AT&T Communications of New York, Inc., et al.

50 NYS Register/November 10, 2004 Action Pending Index

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

PUBLIC SERVICE COMMISSION

*PSC-17-03-00006-P ...... exempt Interconnection agreement between Crown To review the terms and conditions of the Point Telephone Corporation and PrimeLink, negotiated agreement Inc.

*PSC-17-03-00008-P ...... exempt Gas Low-Income Program by Orange and To modify the program Rockland Utilities, Inc.

*PSC-17-03-00009-P ...... exempt Pole attachments To resolve issues

*PSC-17-03-00010-P ...... exempt Cost deferrals by Rochester Gas & Electric To defer incremental costs related to the Corporation April 3, 2003 ice storm

*PSC-18-03-00003-P ...... exempt System average interruption frequency index To utilize a different methodology for (SAIFI) by Central Hudson Gas & Electric recalculation Corporation

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

*PSC-19-03-00015-P ...... exempt Interconnection agreement between Verizon To amend the agreement New York Inc. and Level 3 Communications, LLC

*PSC-20-03-00013-P ...... exempt Performance regulatory plan by Verizon New To modify the service accuracy audit process York Inc.

*PSC-20-03-00014-P ...... exempt Designation as eligible telecommunications To allow participation in Federal universal carrier by AT&T Communications of New support programs York, Inc.

*PSC-20-03-00019-P ...... exempt Waivers of certain filing requirements by To determine whether appropriate filing Niagara Mohawk Power Corporation requirements are met

*PSC-21-03-00016-P ...... exempt Verizon incentive plan To modify the existing complaint performance objective

*PSC-22-03-00015-P ...... exempt Interconnection agreement between Verizon To amend the agreement New York Inc. and Time Warner Telecom - NY L.P.

*PSC-22-03-00019-P ...... exempt Interruptible gas service To revise the rates

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

*PSC-22-03-00021-P ...... exempt Unbundling by Consolidated Edison To establish a method for calculations Company of New York, Inc. and New York State Electric and Gas Corporation

*PSC-22-03-00023-P ...... exempt Franchise fee due the City of Ithaca by Time To exclude public, educational and Warner Cable governmental access fees from the definition of gross revenues

*PSC-22-03-00026-P ...... exempt Inter-departmental gas pricing by To revise the pricing method Consolidated Edison Company of New York, Inc.

*PSC-22-03-00027-P ...... exempt Water service by Shelter Valley Water To abandon the water system Works, Inc.

*PSC-23-03-00007-P ...... exempt Opinion 99-5 by information providers and IP To extend the transition period for Verizon support providers New York Inc.'s Info FONE services

*PSC-23-03-00008-P ...... exempt Authorization to defer losses from pension To resolve the rate making of the pension settlement by Niagara Mohawk Power settlement loss Corporation

*PSC-26-03-00019-P ...... exempt Rehearing by New York State Electric and To allow a rehearing of commission orders Gas Corporation

51 Action Pending Index NYS Register/November 10, 2004

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

PUBLIC SERVICE COMMISSION

*PSC-26-03-00022-P ...... exempt Water rate increase by Fishers Island Water To increase annual revenues Works Corporation

*PSC-28-03-00015-P ...... exempt Commodity adjustment clause reconciliation To recoup from customers net mechanism by Niagara Mohawk Power underrecoveries of commodity charges Corporation

*PSC-28-03-00021-P ...... exempt Issuance of debt by Birch Hill Water Supply To construct a water filtration system Corporation

*PSC-28-03-00022-P ...... exempt Special annual assessment by Birch Hill To support a drinking water State revolving Water Supply Corporation fund loan

*PSC-29-03-00001-P ...... exempt Pole attachment rates by Verizon New York To determine the appropriate rates Inc.

*PSC-29-03-00002-P ...... exempt Interconnection agreement between Verizon To amend the agreement New York Inc. and Broadview Networks, Inc.

*PSC-29-03-00003-P ...... exempt Interconnection agreement between Verizon To review the terms and conditions of the New York Inc. and InterGlobe negotiated agreement Communications

*PSC-29-03-00004-P ...... exempt Interconnection agreement between Verizon To review the terms and conditions of the New York Inc. and Cypress Communications negotiated agreement Operating Company, Inc.

*PSC-29-03-00005-P ...... exempt Interconnection agreement between Verizon To review the terms and conditions of the New York Inc. and Northeast Optic Network negotiated agreement of New York, Inc.

*PSC-30-03-00008-P ...... exempt Recovery of cost energy conservation To recover the costs of the Municipal programs by the New York Municipal Power Alternative-Vehicle Program and other Agency programs

*PSC-30-03-00011-P ...... exempt Water rates and charges by United Water To recover a net revenue undercollection New York Inc.

*PSC-30-03-00012-P ...... exempt Stock purchase by Birmingham Utilities, Inc. To acquire the stock from Philadelphia Suburban Corporation

*PSC-32-03-00009-P ...... exempt Interconnection agreement between To review the terms and conditions of the Champlain Telephone Company and negotiated agreement Westelcom Network, Inc.

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

*PSC-34-03-00011-P ...... exempt Mutual aid and restoration consortium by the To require mandatory participation by New City of New York York City metropolitan area telecommunications carriers

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

*PSC-34-03-00020-P ...... exempt Issuance of securities by Brooklyn Union To obtain authorization to issue securities Gas Company d/b/a KeySpan Energy Delivery New York

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

*PSC-35-03-00014-P ...... exempt Merger by Berkshire Telephone Corporation, To approve the merger of FairPoint et al. Berkshire Corporation into Berkshire Telephone Corporation

*PSC-35-03-00015-P ...... exempt Standby rates and charges by Consolidated To revise the tariff regarding on-site Edison Company of New York, Inc. generation

52 NYS Register/November 10, 2004 Action Pending Index

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

PUBLIC SERVICE COMMISSION

*PSC-35-03-00019-P ...... exempt Long Term Main Renewal Program by United To extend the program Water New Rochelle Inc.

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

*PSC-36-03-00011-P ...... exempt Customer service quality mechanism by New To consider revisions York State Electric & Gas Corporation

*PSC-37-03-00009-P ...... exempt Local circuit switches serving DS1 capacity To review specific operational and economic and higher enterprise customers criteria

*PSC-37-03-00010-P ...... exempt Rates for standby electric service by Orange To determine conditions of eligibility for & Rockland Utilities, Inc. exemption from, or phase-in of, standby rates

*PSC-37-03-00011-P ...... exempt Rates for standby electric service by To determine conditions of eligibility for Consolidated Edison Company of New York, exemption from, or phase-in of, standby Inc. rates

*PSC-37-03-00018-P ...... exempt Property tax refunds by United Water New To resolve the amount to be deferred York Inc.

*PSC-38-03-00010-P ...... exempt FCC's triennial review order To undertake review of specific requirements due to results of order

*PSC-38-03-00011-P ...... exempt FCC's triennial review order To undertake review of specific requirements as a result of the order

*PSC-38-03-00012-P ...... exempt FCC's triennial review order To undertake review of specific requirements as a result of order

*PSC-39-03-00010-P ...... exempt Interconnection agreeement between To review terms and conditions of the Verizon New York Inc. and XO New York, agreement Inc.

*PSC-39-03-00011-P ...... exempt Interconnection agreement between Citizens To review the terms and conditions of the Telecommunications Company of New York, agreement Inc. d/b/a Frontier Citizens Communications of New York and Time Warner Telecom-NY, L.P.

*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-40-03-00016-P ...... exempt Deferral request by United Water New To resolve the amount to be deferred Rochelle Inc.

*PSC-41-03-00007-P ...... exempt Definition of telephone service by Frontier To investigate and determine telephone Telephone of Rochester, Inc. services

*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-41-03-00012-P ...... exempt Customer service agreements by Niagara To seek release from terms of two particular Mohawk Power Corporation customer service agreements

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

53 Action Pending Index NYS Register/November 10, 2004

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

PUBLIC SERVICE COMMISSION

*PSC-42-03-00006-P ...... exempt Non-core transportation service for electric To revise the methodology generation by the Brooklyn Union Gas Company

*PSC-42-03-00007-P ...... exempt Non-core transportation service for electric To revise the methodology generation by KeySpan Gas East Corporation

*PSC-42-03-00008-P ...... exempt Distributed generation by St. Lawrence Gas To institute firm delivery service Company

*PSC-42-03-00009-P ...... exempt Services for KeySpan Corporation by To grant permission to perform services Jefferson Wells International

*PSC-43-03-00036-P ...... exempt Merchant function backout credit and To continue the credit and account until May transition balancing account by KeySpan 31, 2005 Gas 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-43-03-00038-P ...... exempt Distributed generation commercial and To institute firm delivery service industrial by Corning Natural Gas Corporation

*PSC-43-03-00040-P ...... exempt Waiver of franchise procedures by the Town To expedite the franchising process with of Angelica Time Warner Cable

*PSC-44-03-00008-P ...... exempt Submetering of natural gas by New York City To approve for submetering at Fulton Fish Economic Development Corporation Market, 800 Food Center Dr., Bronx, NY

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

*PSC-44-03-00010-P ...... exempt Bill formats To propose a uniform bill format

*PSC-44-03-00012-P ...... exempt Waivers of filing requirements by Rochester To determine whether the appropiate filing Gas & Electric Corporation requirements are met

PSC-45-03-00006-P ...... exempt Complaint by Global NAPs, Inc. To consider a complaint against Verizon New York Inc.

PSC-45-03-00007-P ...... exempt Temporary suspension of obligations by New To consider the effects of requests for York State Telecommunications Association, number portability Inc.

PSC-45-03-00009-P ...... exempt Rate and restructuring plans by National Fuel To consider whether NFGD should be Gas Distribution Corporation (NFGD) required to purchase the accounts receivable of energy service companies

PSC-45-03-00010-P ...... exempt Environmental expenses by the Brooklyn To recover certain environmental costs Union Gas Company d/b/a KeySpan Energy Delivery New York and the KeySpan Gas East Corporation d/b/a KeySpan Energy Delivery Long Island

PSC-46-03-00009-P ...... exempt Interconnection agreement between Verizon To amend and clarify provisions regarding New York Inc. and ICG Telecom Group, Inc. resale attachment

PSC-46-03-00013-P ...... exempt Interconnection of networks between To review the terms and conditions of the Citizens Telecommunications Company of negotiated agreement New York, Inc. and Cat Communications International, Inc.

PSC-46-03-00015-P ...... exempt Deferral and recovery of costs by To recover costs associated with the Consolidated Edison Company of New York, implementation of a demand side Inc. management program

54 NYS Register/November 10, 2004 Action Pending Index

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

PUBLIC SERVICE COMMISSION

PSC-47-03-00008-P ...... exempt Interconnection of networks between Verizon To review terms and conditions of the New York Inc. and USA Easy Pay Phone negotiated agreement

PSC-47-03-00009-P ...... exempt Interconnection agreement between Verizon To review the terms and conditions of the New York Inc. and Prepaytel, Inc. negotiated agreement

PSC-47-03-00010-P ...... exempt Interconnection agreement between Verizon To review the terms and conditions of the New York Inc. and Westelcom Network, Inc. negotiated agreement

PSC-47-03-00011-P ...... exempt Interconnection agreement between Verizon To review the terms and conditions of the New York Inc. and WorldxChange negotiated agreement Corporation

PSC-47-03-00012-P ...... exempt Interconnection agreement between Verizon To review the terms and conditions of the New York Inc. and Norvergence, Inc. negotiated agreement

PSC-47-03-00013-P ...... exempt Interconnection agreement between Verizon To review the terms and conditions of the New York Inc. and Now Acquisition negotiated agreement Corporation

PSC-47-03-00014-P ...... exempt Interconnection agreement between Verizon To review the terms and conditions of the New York Inc. and PNG negotiated agreement Telecommunications, Inc.

PSC-47-03-00015-P ...... exempt Interconnection agreement between Verizon To review the terms and conditions of the New York Inc. and Focal Communications negotiated agreement Corporation of New York

PSC-47-03-00016-P ...... exempt Interconnection agreement between Verizon To review the terms and conditions of the New York Inc. and KMC Data, LLC negotiated agreement

PSC-47-03-00017-P ...... exempt Interconnection agreement between Verizon To review the terms and conditions of the New York Inc. and KMC Telecom V, Inc. negotiated agreement

PSC-47-03-00018-P ...... exempt Interconnection agreement between Verizon To review the terms and conditions of the New York Inc. and Digizip.com Inc. negotiated agreement

PSC-47-03-00019-P ...... exempt Interconnection agreement between To review the terms and conditions of the Signatory Independent Local Exchange negotiated agreement Carrier and Southwestern Bell Mobile Systems LLC d/b/a Cingular Wireless

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

PSC-47-03-00027-P ...... exempt Issuance of debt by Emerald Green Lake To enter into a loan agreement with Louise Marie Water Company Community Bank of Sullivan County

PSC-48-03-00010-P ...... exempt Provision of high capacity loops as To determine whether further proceedings unbundled network elements by Verizon New are necessary to ensure compliance York Inc.

PSC-49-03-00006-P ...... exempt Interconnection of networks between Cellco To provide telephone exchange services and Partnership d/b/a Verizon Wireless and the exchange access Signatory Independent Local Exchange Carrier

PSC-51-03-00003-P ...... exempt Standardized interconnection requirements To increase the upper threshold capacity to 2 MW

PSC-51-03-00007-P ...... exempt Filing requirements in article VII proceedings To insure the environmental compatibility by Conjunction, LLC

PSC-52-03-00021-P ...... exempt Interconnection of networks between Verizon To review the terms and conditions of the New York Inc. and Telecon Communications negotiated agreeement Corporation

PSC-52-03-00023-P ...... exempt Request for accounting authorization by To allow the company to defer an item of Rochester Gas & Electric Corporation expense beyond the end of the year in which it was incurred

55 Action Pending Index NYS Register/November 10, 2004

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

PUBLIC SERVICE COMMISSION

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-03-04-00006-P ...... exempt Interconnection of networks between Time To review terms and conditions of negotiated Warner Telecom-NY d/b/a Time Warner agreement Telecom and ALLTEL New York, Inc.

PSC-03-04-00007-P ...... exempt Interconnection of networks between Dobson To review the terms and conditions of the Communications Corporation and Signatory negotiated agreement Independent Local Exchange Carrier

PSC-03-04-00008-P ...... exempt Interconnection of networks between Frontier To review the terms and conditions of the Telephone of Rochester, Inc. and Sprint negotiated agreement Communications Company, L.P.

PSC-03-04-00009-P ...... exempt Interconnection of networks between To review the terms and conditions of the Citizens Telecommunications Company of negotiated agreeement New York, Inc. and Sprint Communications Company, L.P.

PSC-03-04-00010-P ...... exempt Interconnection of networks between Sprint To review the terms and conditions of the Communications Company L.P. and ALLTEL negotiated agreement New York, Inc.

PSC-05-04-00008-P ...... exempt Property tax refunds by United Water New To resolve treatment for excess property tax Rochelle, Inc. refunds

PSC-06-04-00007-P ...... exempt Interconnection of networks between AT&T To review the terms and conditions of the Communications of New York, Inc. and negotiated agreement Berkshire Telephone Corporation

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

PSC-07-04-00013-P ...... exempt Intercarrier agreeement between Verizon To amend the agreement New York, Inc. and MCImetro Access Transmission Services, LLC

PSC-07-04-00014-P ...... exempt Intercarrier agreement between Verizon New To amend the agreement York Inc. and Intermedia Communications, Inc.

PSC-07-04-00015-P ...... exempt Intercarrier agreement between Verizon New To amend the agreement York Inc. and Brooks Fiber Communications of New York, Inc.

PSC-07-04-00016-P ...... exempt Intercarrier agreement between Verizon New To amend the agreement York Inc. and MCI WorldCom Communications, Inc.

PSC-07-04-00017-P ...... exempt Interconnection of networks between Verizon To review the terms and conditions of the New York Inc. and MCI WorldCom negotiated agreement Communications, Inc.

PSC-07-04-00024-P ...... exempt Gas reliability by Orange and Rockland To revise Service Classification No. 11 Utilities, Inc.

PSC-08-04-00009-P ...... exempt Flexible rate contracts between electric To update policies and procedures for utilities and business customers negotiating flexible rate contracts

PSC-08-04-00010-P ...... exempt Submetering of electricity by Rachel Bridge To permit electric submetering at Rachel Corporation Bridge Apartments

PSC-08-04-00015-P ...... exempt Initial tariff schedule - electronic filing by To set forth the initial rates, charges, rules Corbin Hill Water Corp. and regulations

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

56 NYS Register/November 10, 2004 Action Pending Index

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

PUBLIC SERVICE COMMISSION

PSC-10-04-00006-P ...... exempt Interconnection agreement between Verizon To amend the agreement New York Inc. and Sprint Communications Company L.P.

PSC-10-04-00007-P ...... exempt Interconnection agreement between Verizon To amend the agreement New York Inc. and RCN Telecom Services, Inc.

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-10-04-00009-P ...... exempt Interconnection agreement between Verizon To amend the agreement New York Inc. and Cypress Communications Operating Company, Inc.

PSC-10-04-00010-P ...... exempt Interconnection agreement between Verizon To review the terms and conditions of the New York Inc. and Volo Communications of negotiated agreement New York, Inc.

PSC-10-04-00011-P ...... exempt Interconnection agreement between Verizon To review the terms and conditions of the New York Inc. and Slic Network Solutions negotiated agreement Inc. d/b/a slic.com

PSC-10-04-00012-P ...... exempt Interconnection agreement between Verizon To review the terms and conditions of the New York Inc. and BAK Communications, negotiated agreement LLC

PSC-10-04-00013-P ...... exempt Interconnection agreement between Verizon To review the terms and conditions of the New York Inc. and Globecom Inc. negotiated agreement

PSC-11-04-00030-P ...... exempt Revised cost studies by Champlain To request a waiver or modification Telephone Company

PSC-11-04-00031-P ...... exempt Interconnection of the networks between To review the terms and conditions of the Verizon New York Inc. and Covista Inc. negotiated agreement

PSC-11-04-00032-P ...... exempt Interconnection of the networks between To review the terms and conditions of the Cassadaga Telephone Corporation and DFT negotiated agreement Local Service Corporation

PSC-11-04-00033-P ...... exempt Interconnection of the networks between To review the terms and conditions of the Dunkirk and Fredonia Telephone Company negotiated agreement and DFT Local Service Corporation

PSC-11-04-00037-P ...... exempt Deferral of extraordinary expenses by United To resolve the amount to be deferred for Water New Rochelle Inc. subsequent recovery from customers

PSC-12-04-00003-P ...... exempt Charges for audits of pole attachments by To consider the charges the Cable Telecommunication Association of New York, Inc.

PSC-12-04-00004-P ...... exempt Interconnection agreement between Citizens To review the terms and conditions of the Telecommunications Company of New York, negotiated agreement Inc. and KMC Telecom V, Inc.

PSC-12-04-00006-P ...... exempt Basic rates for cable television service by To review the rates Time Warner Cable

PSC-12-04-00007-P ...... exempt Basic rates for cable television service by To review the rates Time Warner Cable

PSC-12-04-00008-P ...... exempt Basic rates for cable television service by To review the rates Time Warner Cable

PSC-12-04-00009-P ...... exempt Basic rates for cable television service by To review the rates Time Warner Cable

PSC-12-04-00010-P ...... exempt Basic rates for cable television service by To review the rates Time Warner Cable

57 Action Pending Index NYS Register/November 10, 2004

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

PUBLIC SERVICE COMMISSION

PSC-13-04-00009-P ...... exempt Transfer of an easement by Consolidated To approve the transfer Edison Company of New York, Inc. and Astoria Energy LLC

PSC-13-04-00010-P ...... exempt Refund of residual net benefit by Long Island To resolve the amount to be refunded Water Corporation

PSC-13-04-00011-P ...... exempt Merger of Wellesley Island Water Corp. and To approve the merger The Thousand Islands Club Water Company, Inc.

PSC-13-04-00012-P ...... exempt Issuance of debt by Wellesley Island Water To construct new wells, pump house, Corp. storage tank and mains

PSC-13-04-00013-P ...... exempt Request for a special annual assesment by To approve Surcharge Statement No. 1 The Thousand Islands Club Water Company, Inc.

PSC-13-04-00014-P ...... exempt Annual revenue decrease by The Thousand To decrease rates and modify rate structure Islands Club Water Company, Inc.

PSC-13-04-00015-P ...... exempt Request for a special annual assessment by To approve Surcharge Statement No.1 Wellesley Island Water Corp.

PSC-13-04-00016-P ...... exempt New rate structure by Wellesley Island Water To modify the company's rate structure Corp.

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-14-04-00009-P ...... exempt Long-term debt agreement by Fillmore Gas To authorize long-term debt for the financing Company, Inc. of various purposes

PSC-14-04-00011-P ...... exempt Request for rehearing by New York State To consider modification of the accounting Gas & Electric Corporation and rate treatment

PSC-15-04-00011-P ...... exempt Intercarrier agreement by Citizens To amend the agreement Telecommunications Company of New York, Inc. and PaeTec Communications, Inc.

PSC-15-04-00012-P ...... exempt Interconnection of networks between PaeTec To review the terms and conditions of the Communications, Inc. and Alltel New York, negotiated agreement Inc.

PSC-15-04-00013-P ...... exempt Interconnection of the networks between To review the terms and conditions of the Verizon New York Inc. and Trans National negotiated agreement Communication International

PSC-15-04-00014-P ...... exempt Interconnection of the networks between To review the terms and conditions of the Verizon New York Inc. and CornerStone negotiated agreement Telephone Company

PSC-15-04-00015-P ...... exempt Interconnection of the networks between To review the terms and conditions of the Verizon New York Inc. and NextGen negotiated agreement Telephone, Inc.

PSC-15-04-00017-P ...... exempt Interconnection of the networks between To review the terms and conditions of the Verizon New York Inc. and Econodial, LLC negotiated agreement

PSC-15-04-00018-P ...... exempt Interconnection of the networks between To review the terms and conditions of the Frontier Telephone of Rochester, Inc. and negotiated agreement Corporatepage.com, Inc. d/b/a Upstate Telephone and Cellular

PSC-15-04-00020-P ...... exempt Interconnection of the networks between To review the terms and conditions of the of New York, Inc. negotiated agreement and PAETEC Communications, Inc.

58 NYS Register/November 10, 2004 Action Pending Index

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

PUBLIC SERVICE COMMISSION

PSC-15-04-00021-P ...... exempt Rates for unbundled network elements To consider filing a tariff platform (UNE-Ps) and transport rates by Verizon New York Inc.

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

PSC-15-04-00032-P ...... exempt Water rates and charges by High Meadow To increase annual revenues Water Company, Inc

PSC-16-04-00002-P ...... exempt Federal Communication Commission's To consider the effect on interconnection triennial review order by Verizon New York agreements Inc.

PSC-16-04-00003-P ...... exempt Federal Communications Commission's To consider the effect on interconnection triennial review order by AT&T agreements Communications of New York Inc.

PSC-16-04-00006-P ...... exempt Payment of interest on customer To revise the method for refunding of overcharges by Niagara Mohawk Power customer overpayments and interest Corporation

PSC-16-04-00008-P ...... exempt Payment of interest on customer To revise the method for refunding of overcharges by Niagara Mohawk Power customer overpayments and interest Corporation

PSC-16-04-00009-P ...... exempt Service Quality Assurance Program by To modify certain performance indicators Niagara Mohawk Power Corporation

PSC-16-04-00011-P ...... exempt Calculation of franchise fees by Cablevision To exclude the amount of the franchise fees Rockland/Ramapo, Inc. and the Village of collected from inclusion in the calculation of Suffern gross receipts

PSC-16-04-00012-P ...... exempt Calculation of franchise fees by Cablevision To exclude the amount of the franchise fees of Southern Westchester, Inc. and the collected from inclusion in the calculation of Village of Pelham gross receipts

PSC-16-04-00013-P ...... exempt Calculation of franchise fees by Cablevision To exclude the amount of the franchise fees Systems Long Island Corp. and the Village of collected from inclusion in the calculation of Manorhaven gross receipts

PSC-16-04-00015-P ...... exempt Calculation of franchise fees by Cablevision To exclude the amount of the franchise fees of Wappingers Falls, Inc. and the Town of collected from inclusion in the calculation of Monroe gross receipts

PSC-16-04-00017-P ...... exempt Water rates and charges by the Birch Hill To increase annual revenues Water Supply Corporation

PSC-17-04-00018-P ...... exempt Interconnection of networks between Sprint To review the terms and conditions of the Communications Company L.P. and Taconic negotiated agreement Telephone Corporation

PSC-18-04-00008-P ...... exempt Transfer of certain cable franchises by Bath To transfer assets to Time Warner Television & Service Co., Inc. Entertainment-Advance/Newhouse Partnership

PSC-19-04-00009-P ...... exempt Lease of real property by the Brooklyn Union To consider the proposed lease of a portion Gas Company d/b/a KeySpan Energy of a building Delivery New York and Consolidated Edison Company of New York, Inc.

PSC-19-04-00010-P ...... exempt Abandonment of water system by Antlers of To allow Antlers of Raquette Lake, Inc. to Raquette Lake, Inc. abandon its water system

PSC-20-04-00011-P ...... exempt Petition of rehearing by Tenant Research To consider the submetering proposal by Team KSLM Columbus Apartments

PSC-20-04-00013-P ...... exempt Long term indebtedness by Chautauqua To authorize long term indebtedness for Utilities, Inc. construction of a natural gas pipeline

59 Action Pending Index NYS Register/November 10, 2004

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

PUBLIC SERVICE COMMISSION

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

PSC-21-04-00015-P ...... exempt Metering by Niagara Mohawk Power To modify customer-requested enhanced Corporation metering

PSC-21-04-00016-P ...... exempt Sublease of real property by The Brooklyn To consider the proposed sublease, Union Gas Company d/b/a KeySpan Energy accounting and rate treatment and related Delivery New York, et al. matters

PSC-22-04-00008-P ...... exempt Modification of mass migration guidelines To consider the modifications

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

PSC-22-04-00011-P ...... exempt Transfer of ownership interests by Atlantic To transfer ownership to Constellation Renewable Projects LLC and Zilkha Generation Group, LLC, et al. Renewable Energy, LLC

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

PSC-22-04-00014-P ...... exempt Major rate increase by Consolidated Edison To provide a net increase in annual steam Company of New York, Inc. revenues

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-23-04-00008-P ...... exempt Transfer of hard copies of accounts, books To transfer from the principal office in and records by Long Island Water Lynbrook, NY to Mt. Laurel, NJ Corporation

PSC-24-04-00009-P ...... exempt Water rates and charges by National To increase annual revenues and establish Aqueous Corporation an escrow account

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-25-04-00015-P ...... exempt Lightened regulation by Flat Rock To consider the regulatory regime Windpower II, LLC

PSC-25-04-00018-P ...... exempt Dishonored check charge by Fillmore Gas To revise the rules and establish charges for Company, Inc. special services

PSC-26-04-00004-P ...... exempt Refund of overpayments of intrastate access To determine the amount of overcollected charges intrastate access charges and the appropriate level of interest to be refunded with the overcharges

PSC-26-04-00009-P ...... exempt Transfer of assets by Farms Water To approve the transfer Company, Inc. and the Dutchess County Water and Wastewater Authority

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-27-04-00010-P ...... exempt Interconnection agreement between To review the terms and conditions of the Conversent Communications of New York, negotiated agreement LLC and Verizon New York Inc.

PSC-27-04-00011-P ...... exempt Interconnection agreement between Verizon To review the terms and conditions of the New York Inc. and Think 12 Corporation negotiated agreement d/b/a Hello Depot

60 NYS Register/November 10, 2004 Action Pending Index

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

PUBLIC SERVICE COMMISSION

PSC-27-04-00012-P ...... exempt Interconnection agreement between Verizon To review the terms and conditions of the New York Inc. and Diversified Telecom negotiated agreement Corporation NY

PSC-27-04-00013-P ...... exempt Interconnection agreement between Verizon To review the terms and conditions of the New York Inc. and ATD Communications, negotiated agreement Ltd.

PSC-27-04-00014-P ...... exempt Interconnection agreement between Verizon To review the terms and conditions of the New York Inc. and Buffalo-Lake Erie negotiated agreement Wireless Systems Company, L.L.C.

PSC-27-04-00015-P ...... exempt Interconnection agreement between Verizon To review the terms and conditions of the New York Inc. and Neutral Tandem-New negotiated agreement York, LLC

PSC-27-04-00016-P ...... exempt Interconnection agreement between Verizon To review the terms and conditions of the New York Inc. and Great America Networks, negotiated agreement Inc.

PSC-27-04-00021-P ...... exempt Cessation of electric service by the Village of To approve cessation of electric service Springville

PSC-27-04-00024-P ...... exempt Adjustment of rates by Corning Natural Gas To provide safe and adaquate natural gas Corporation service

PSC-27-04-00026-P ...... exempt Low-Income Aggregation Program by To approve the program Orange and Rockland Utilities, Inc.

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-28-04-00007-P ...... exempt New types of electricity meters, transformers To permit the use of the Sentry 30, Sentry 50 and ancillary devices by Rochester Gas and and Sentry 70 isolation relays Electric Corporation

PSC-28-04-00010-P ...... exempt Calculation of franchise fees by Cablevision To exclude the amount of franchise fees of Ossining and the City of Peekskill collected from inclusion in the calculation of gross receipts

PSC-28-04-00011-P ...... exempt Calculation of franchise fees by Cablevision To exclude the amount of the franchise fees of Wappingers Falls, Inc. and the Town of collected from inclusion in the calculation of Cortlandt gross receipts

PSC-29-04-00002-P ...... exempt Return of number blocks to the pooling To return all but one block of numbers in administrator by Global NAPs, Inc. each of the 540 and 550 central office codes

PSC-29-04-00003-P ...... exempt New types of electricity meters, transformers To approve the use of the NxtPhase and ancillary devices by Niagara Mohawk Company instrument transformers Power Corporation

PSC-29-04-00007-P ...... exempt Minor rate increase by Valley Energy, Inc. To increase gas revenues

PSC-30-04-00003-P ...... exempt Interconnection agreement between Ogden To review the terms and conditions of the Telephone Company and negotiated agreement Corporatepage.com, Inc. d/b/a Upstate Telephone and Cellular

PSC-30-04-00004-P ...... exempt Submetering of electricity by Elad Properties To permit electric submetering at 21 Astor Place, New York, NY

PSC-30-04-00006-P ...... exempt Water rates and charges by United Water To recover a net amount from customers New York Inc. through a surcharge

PSC-31-04-00019-P ...... exempt Telephone network reliability To achieve the level of telephone network reliability

61 Action Pending Index NYS Register/November 10, 2004

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

PUBLIC SERVICE COMMISSION

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

PSC-31-04-00024-P ...... exempt 810 Invoice - Utility Rate Ready To revise the EDI transaction set standard

PSC-31-04-00025-P ...... exempt 568 payment advisement by Niagara To revise the EDI transaction set standard Mohawk Power Corporation

PSC-31-04-00026-P ...... exempt 814 enrollment request and response by To revise the EDI transaction set standard Orange & Rockland Utilities, Inc. and Niagara Mohawk Power Corporation

PSC-31-04-00027-P ...... exempt 814 drop request and response by Orange & To revise the EDI transaction set standard Rockland Utilities, Inc. and Niagara Mohawk Power Corporation

PSC-31-04-00029-P ...... exempt Water rates and charges by the Beekman To increase annual revenues Water Company, Inc.

PSC-32-04-00012-P ...... exempt 2-1-1 dialed calls by the County of Rockland To consider authorizing Rockland County to receive all 2-1-1 calls originating in Rockland County

PSC-32-04-00013-P ...... exempt Redistribution of funds by National Fuel Gas To approve a limited waiver of the terms and Distribution Corporation conditions governing the use of specific research and development funds

PSC-32-04-00014-P ...... exempt 814 consumption history request and To revise the EDI transaction set standard response standard by Orange & Rockland Utilities, Inc.

PSC-32-04-00016-P ...... exempt Rehearing by Reagans Mill Water Company To rehear the commission's order setting rates issued May 21, 2004

PSC-32-04-00017-P ...... exempt Deferred accounting by Aquarion Water To defer an increase in the cost of Company of New York purchased water from the Westchester Joint Water Works Company and the New York City Water Board

PSC-33-04-00012-P ...... exempt Interconnection agreement between Verizon To review the terms and conditions of the New York Inc. and Atlantic Telecom, Inc. negotiated agreement

PSC-33-04-00013-P ...... exempt Interconnection agreement between Verizon To review the terms and conditions of the New York Inc. and New Horizons negotiated agreement Communications Corp.

PSC-33-04-00015-P ...... exempt Two-meter and time-differentiated metering To approve the options options by Central Hudson Gas & Electric Corporation

PSC-33-04-00016-P ...... exempt New types of electricity meters, transformers To permit the use of the Kuhlman voltage and auxiliary devices by Consolidated Edison transformer type POF-350-2 Company of New York, Inc.

PSC-33-04-00017-P ...... exempt Two-meter and time-differentiated metering To approve the options options

PSC-33-04-00021-P ...... exempt Electric safety requirements by Consolidated To consider the nature and scope of the Edison Company of New York, Inc. requirements

PSC-33-04-00026-P ...... exempt Water rates and charges by Long Island To increase annual revenues Water Corporation

PSC-33-04-00027-P ...... exempt Lightened regulation by Northrup Grumman To establish the extent of the lightened Corporation and Northrop Grumman regulation Systems Corporation

62 NYS Register/November 10, 2004 Action Pending Index

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

PUBLIC SERVICE COMMISSION

PSC-34-04-00015-P ...... exempt Interconnection agreement between Verizon To amend the interconnection agreement New York Inc. and Austin Computer Enterprises, Inc.

PSC-34-04-00016-P ...... exempt Verizon New York Inc.'s billing practices by To review the complaint A.R.C. Networks Inc. d/b/a InfoHighway Communications Corporation, et al.

PSC-34-04-00017-P ...... exempt Interconnection agreement between Port To review the terms and conditions of the Byron Telephone Company and Time negotiated agreement Warner Telecom-NY, L.P.

PSC-34-04-00018-P ...... exempt Transfer of property between New York State To determine whether to approve or reject Electric & Gas Corporation and Niagara the transfer of property Mohawk Power Corporation

PSC-34-04-00019-P ...... exempt Submetering of electricity by Carousel Park To permit electric submetering at Carousel Preservation, LP Park Apartments

PSC-34-04-00020-P ...... exempt Allocation of gas cost savings by New York To consider whether NYSEG has justified its State Electric & Gas Corporation proposed allocation of gas cost savings

PSC-34-04-00022-P ...... exempt Gas cost adjustment calculation by the To approve changes to the methods of Brooklyn Union Gas Company d/b/a calculating bills KeySpan Energy Delivery NewYork

PSC-34-04-00025-P ...... exempt Sublease of real property by The Brooklyn To consider the proposed sublease of a Union Gas Company d/b/a Keyspan Energy portion of a building Delivery New York (Keyspan), et al.

PSC-34-04-00026-P ...... exempt Calculation of franchise fees by Cablevision To exclude the amount of franchise fees Southern Westchester, Inc. collected from inclusion in the calculation of gross revenues

PSC-34-04-00027-P ...... exempt Calculation of franchise fees by Cablevision To exclude the amount of franchise fees of Wappingers Falls, Inc. collected from inclusion in the calculation of gross revenues

PSC-34-04-00028-P ...... exempt Calculation of franchise fees by Cablevision To exclude the amount of franchise fees of Wappingers Falls, Inc. collected from inclusion in the calculation of gross revenues

PSC-34-04-00029-P ...... exempt Excess property tax refunds by United Water To recover excess property tax refunds paid New Rochelle Inc. to customers

PSC-34-04-00030-P ...... exempt Capital reserve fee (statement no. 1) by To establish the fee Emerald Green Lake Louise Marie Water Company, Inc.

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

PSC-34-04-00032-P ...... exempt Water rates and charges by Arbor Hills To increase annual revenues Waterworks, Inc.

PSC-34-04-00033-P ...... exempt Water rates and charges by Boniville Water To increase annual revenues Company, Inc.

PSC-34-04-00034-P ...... exempt Water rates and charges by Knolls Water To increase annual revenues Co., Inc.

PSC-35-04-00014-P ...... exempt Demand response programs by To allow customers to use on-site Consolidated Edison Company of New York, generation Inc.

PSC-35-04-00015-P ...... exempt Contract consultant and associated To conduct a study of the oil industry expenditures by ICF Associates, LLC infrastructure

63 Action Pending Index NYS Register/November 10, 2004

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

PUBLIC SERVICE COMMISSION

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

PSC-35-04-00018-P ...... exempt Schedule for gas service by Orange and To establish additional eligibility Rockland Utilities, Inc. requirements for new customers

PSC-35-04-00019-P ...... exempt Authorization to defer actuarial experience To resolve the ratemaking of the pension pension settlement for fiscal year 2004 by settlement loss Niagara Mohawk Power Corporation

PSC-35-04-00020-P ...... exempt Calculation of franchise fees in the Village of To agree to exclude the amount of the Millbrook by Cablevision Systems of franchise fees collected from subscribers Dutchess Corp.

PSC-35-04-00021-P ...... exempt Calculation of franchise fees in the Village of To agree to exclude the amount of franchise Harriman by Cablevision of Wappingers fees collected from subscribers Falls, Inc.

PSC-35-04-00022-P ...... exempt Water rates and charges by the Aquarion To reconcile both property taxes and interest Water Company of Sea Cliff rates for the period Oct. 1, 2003 through Sept. 30, 2004

PSC-36-04-00003-P ...... exempt Purchase of accounts receivable by To consider the approval Rochester Gas and Electric Corporation

PSC-36-04-00004-P ...... exempt Submetering of electricity by Elmwood Park To permit electric submetering at 505-515 Preservation, LP Elmwood Ave., Buffalo, NY

PSC-36-04-00005-P ...... exempt Submetering of electricity by Urge Electrical To submeter electricity at 3-9 Hubert St., Management Company, Inc. New York, NY

PSC-36-04-00006-P ...... exempt Purchase of accounts receivable by To consider the approval Rochester Gas and Electric Corporation

PSC-36-04-00007-P ...... exempt Annual inspection requirements by the To approve a waiver Northeast Gas Association

PSC-36-04-00008-P ...... exempt Pole attachment rates by Cable To consider Rochester Gas & Electric Telecommunications Association of New Corporation's pole attachment rates York, Inc.

PSC-36-04-00009-P ...... exempt Calculation of franchise fees by Cablevision To exclude the amount of the franchise fees of Southern Westchester, Inc. and the Town collected from inclusion in the calculation of of Bedford gross receipts

PSC-36-04-00010-P ...... exempt Water rates and charges by Birch Hill Water To increase annual revenues on a temporary Supply Corporation basis

PSC-36-04-00011-P ...... exempt Rates, charges and water quality by Birch To increase revenues and water quality Hill Water Supply Corporation

PSC-37-04-00009-P ...... exempt Interconnection of networks by Citizens To amend the mutual traffic exchange Telecommunications of New York, Inc. d/b/a agreement Frontier Citizens Communications of New York and Time Warner Telecom-NY, L.P.

PSC-37-04-00010-P ...... exempt Interconnection of networks by Citizens To amend the mutual traffic exchange Telecommunications of New York, Inc. and agreement KMC Telecom V, Inc.

PSC-37-04-00011-P ...... exempt Interconnection of networks by Sprint To review the terms and conditions of the Communications Company L.P. and negotiated agreement Pattersonville Telephone Company, et al. (independant local exchange carriers)

PSC-37-04-00012-P ...... exempt Interconnection of networks by Citizens To review the terms and conditions of the Telecommunications Company of New York, negotiated agreement Inc. and Choice One Communications of New York, Inc.

64 NYS Register/November 10, 2004 Action Pending Index

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

PUBLIC SERVICE COMMISSION

PSC-37-04-00013-P ...... exempt Interconnection of networks by Frontier To review the terms and conditions of the Communications of New York, Inc. and negotiated agreement Global NAPs, Inc.

PSC-37-04-00014-P ...... exempt Interconnection of networks by Supra To review the terms and conditions of the Telecommunications and Information negotiated agreement Systems, Inc. and Verizon New York Inc.

PSC-37-04-00015-P ...... exempt Correction of tariff errors by the Village of To correct tariff errors contained in the minor Silver Springs rate case filing

PSC-37-04-00016-P ...... exempt Working capital facility financing by AES To approve a working capital facility Eastern Energy, L.P. financing under lightened regulation

PSC-37-04-00017-P ...... 03/14/05 Liquefied natural gas (LNG) To bring the safety standards for LNG facilities into conformance with recent amendments and update certain codes and standards

PSC-37-04-00018-P ...... exempt Waiver of the commission's regulations To approve the waiver governing gas cost adjustment clauses by Brooklyn Union Gas Company d/b/a KeySpan Energy Delivery New York, et al.

PSC-37-04-00019-P ...... exempt Submetering of natural gas service to To submeter electricity at Bush Terminal industrial and commercial customers by Bldg. 57, Brooklyn, NY Syska Hennessy Group

PSC-38-04-00004-P ...... exempt Inter-carrier telephone service quality To incorporate appropriate modifications measure and standards by the Carrier Working Group

PSC-38-04-00005-P ...... exempt Ancillary procedures by Central Hudson Gas To revise the procedures applicable to retail & Electric Corporation suppliers/direct customers

PSC-38-04-00006-P ...... exempt Request for accounting authorization by To defer expenses beyond the end of the Corning Natural Gas Corporation year in which they were incurred

PSC-39-04-00006-P ...... exempt Incentive mechanisims by Verizon New York To establish incentive mechanisms Inc.

PSC-39-04-00007-P ...... exempt Tariffing certain intrastate telecommunication To consider the tariff services by Verizon New York Inc.

PSC-39-04-00008-P ...... exempt License agreement of real property by the To consider the license agreement Brooklyn Union Gas Company d/b/a KeySpan Energy Delivery New York and M&M Parking Systems

PSC-39-04-00009-P ...... exempt Regulation of utility operations by Eastman To apply regulation to the utility operations Kodak Company

PSC-39-04-00010-P ...... exempt Transfer of utility franchise by Niagara To request approval of transfers of Mohawk Power Corporation and National franchises and transactions with affiliated Grid Communications, Inc. interests

PSC-39-04-00011-P ...... exempt Loan agreement between Fishers Island To allow Fishers Island Water Works Corp. Water Works Corp. and Citizens Bank of to enter into a loan agreement Connecticut

PSC-40-04-00005-P ...... exempt Flex rates by the City of Jamestown To initiate individual and specialized service contracts for flexible rates

PSC-40-04-00006-P ...... exempt Quarterly reports by Niagara Mohawk Power To waive certain requirements Corporation

PSC-40-04-00007-P ...... exempt Petition for the issuance of debt by Niagara To issue long-term debt Mohawk Power Corporation

65 Action Pending Index NYS Register/November 10, 2004

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

PUBLIC SERVICE COMMISSION

PSC-41-04-00001-P ...... exempt Economic development by the Massena To implement Rider 1 Electric Department

PSC-41-04-00002-P ...... exempt Net lost revenues by National Fuel Gas To recover the revenues Distribution Corporation

PSC-41-04-00003-P ...... exempt Pole attachments by Fibertech Networks, To reconsider the order adopting policy LLC and Cable Telecommunications statement Association of New York, Inc.

PSC-41-04-00004-P ...... exempt Transfer of certain real property by New York To transfer property to New England Waste State Electric & Gas Corporation Services of New York Inc.

PSC-41-04-00005-P ...... exempt Transfer of franchises or stocks by Mt. Ebo To allow the purchase of stock Water Works, Inc. and Mt. Ebo Associates, Inc.

PSC-42-04-00011-P ...... exempt Petition for rehearing by Glenn Gardens To reverse the submetering order and refund Tenants' Association money

PSC-42-04-00012-P ...... exempt Interconnection of the networks between To review the terms and conditions of the Sprint Communications Company L.P. and negotiated agreement Berkshire Telephone Corporation

PSC-42-04-00013-P ...... exempt Interconnection of the networks between To review the terms and conditions of the Sprint Communications Company L.P. and negotiated agreement Taconic Telephone Company

PSC-42-04-00014-P ...... exempt Interconnection of the networks between To review the terms and conditions of the Sprint Communications Company L.P. and negotiated agreement Delhi Telephone Company

PSC-42-04-00015-P ...... exempt Interconnection of the networks between To review the terms and conditions of the Frontier Telephone of Rochester, Inc. and negotiated agreement Frontier Communications of America, Inc.

PSC-42-04-00016-P ...... exempt Interconnection of the networks between To review the terms and conditions of the Sprint Communications Company L.P. and negotiated agreement Middleburgh Telephone Company

PSC-42-04-00017-P ...... exempt Interconnection of the networks between To review the terms and conditions of the Sprint Communications Company L.P. and negotiated agreement Crown Point Telephone Corporation

PSC-42-04-00018-P ...... exempt Interruptible and temperature-controlled To revise the calculation of the penalty transportation service by KeySpan Gas East charge Corporation d/b/a KeySpan Energy Delivery Long Island

PSC-42-04-00019-P ...... exempt Amendment to waiver by Central Hudson To allow the use of mechanical fittings in Gas & Electric Corporation place of heat fusions in plastic pipe

PSC-42-04-00020-P ...... exempt Disposition of Federal tax refunds by To distribute tax refund money to customers Consolidated Edison Company of New York, Inc. and Orange and Rockland Utilities, Inc.

PSC-42-04-00021-P ...... exempt Distribution delivery and competitive To revise the competitive transaction transition charge adjustments by Niagara charges in retail delivery rates to reflect Mohawk Power Corporation forecast market prices

PSC-42-04-00022-P ...... exempt Disposition of State tax refund by Central To determine whether or not to pass the Hudson Gas & Electric Corporation refund on to customers

PSC-43-04-00006-P ...... exempt Fixed price rates by New York State Electric To establish the bundled rate option or fixed & Gas Corporation price rates

66 NYS Register/November 10, 2004 Action Pending Index

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

PUBLIC SERVICE COMMISSION

PSC-43-04-00007-P ...... exempt Economic development rate incentives by To approve the joint proposal Rochester Gas and Electric Corporation

PSC-43-04-00008-P ...... exempt Economic development incentive programs To revise the empire zone programs and add by Rochester Gas and Electric Corporation a new Incremental Load Rate Program

PSC-43-04-00009-P ...... exempt Unbundling and accounts receivable by To include in its tariff provisions for the Rochester Gas and Electric Corporation purchase of ESCO accounts receivable and the unbundling of electric rates

PSC-43-04-00010-P ...... exempt Submetering of electricity by Dara Gardens To reverse the commission's Sept. 1, 2004 Residents' Association order

PSC-43-04-00011-P ...... exempt New types of electricity meters, transformers To permit use of the Ritz instrument and auxiliary devices by Ritz Instrument transformers in New York State Transformers Inc.

PSC-43-04-00012-P ...... exempt Submetering of electricity by American To submeter electricity at 125 Court St., Metering & Planning Services, Inc. Brooklyn, NY

PSC-43-04-00013-P ...... exempt Interruptible service by New York State To eliminate interruptible rate, special Electric & Gas Corporation provision (c) of S.C. No. 7

PSC-43-04-00014-P ...... exempt Economical development incentive programs To revise the empire zone programs and add by Rochester Gas and Electric Corporation a new Incremental Load Rate Program

PSC-43-04-00015-P ...... exempt Economic development rate incentives by To approve the joint proposal Rochester Gas and Electric Corporation

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-43-04-00017-P ...... exempt Submetering of natural gas to a commercial To approve submetering of natural gas to a customer by Syska Hennessy Group commercial customer

PSC-43-04-00018-P ...... exempt Service Quality Assurance Program by To modify certain performance indicators Niagara Mohawk Power Corporation and targets

PSC-43-04-00019-P ...... exempt Standard agreement for attachments to utility To consider approval of a standard form pole poles by Central Hudson Gas & Electric attachment agreement Corporation, et al.

PSC-43-04-00020-P ...... exempt Transfer of certain cable system facilities in To allow Time Warner Entertainment the City of New York by Time Warner Company, L.P. to acquire certain cable Entertainment Company, L.P. system franchise from Staten Island Cable, LLC

PSC-43-04-00021-P ...... exempt Transfer of certain cable system facilities in To allow Time Warner the City of New York by Time Warner EntertainmentCompany, L.P. to acquire Entertainment Company, L.P. certain cable system franchise from Queens Inner Unity Cable System

PSC-43-04-00022-P ...... exempt Transfer of certain cable system facilities in To allow Time Warner Entertainment and around Watertown, NY by Time Warner Advance/Newhouse Partnership to acquire Entertainment Advance/Newhouse certain cable system facilities from CAT Partnership (TWEAN) Holdings, LLC

PSC-43-04-00023-P ...... exempt Water rates and charges by New York Water To increase annual revenues Service Corporation

PSC-43-04-00024-P ...... exempt Water rates, charges and water service by To investigate the water service and the National Aqueous Corporation company's May 25, 2004 application for an increase in revenues

PSC-43-04-00025-P ...... exempt Water rates and charges by United Water To reconcile both revenue and purchased New Rochelle Inc. water for the year ended July 11, 2003

PSC-44-04-00005-P ...... exempt New types of electricity meters by General To permit electric utilities in New York State Electric Energy to use the General Electric I-210 line of electricity meters

67 Action Pending Index NYS Register/November 10, 2004

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

PUBLIC SERVICE COMMISSION

PSC-44-04-00006-P ...... exempt Accounting authorization by Corning Natural To defer the incremental uncollected account Gas Corporation expense incurred in the fiscal year ended Sept. 30, 2004

PSC-44-04-00007-P ...... exempt Accounting authorization by Corning Natural To defer the costs incurred in reopening the Gas Corporation joint proposal of Aug. 26, 2002

PSC-44-04-00008-P ...... exempt Daily balancing service by Niagara Mohawk To clarify the eligibility requirements Power Corporation

PSC-44-04-00009-P ...... exempt Annual reconciliation of gas expenses and To consider the filings of various LCDs and gas cost recoveries municipalities

PSC-44-04-00010-P ...... exempt Water rates and charges by H and H Budd To increase annual revenues Earth Moving and Excavating Co., Inc.

PSC-45-04-00009-P ...... exempt Intercarrier agreement between Sprint To amend the agreement Communications Company L.P. and Verizon New York Inc.

PSC-45-04-00010-P ...... exempt Intercarrier agreement between PAETEC To amend the agreement Communications, Inc. and Citizens Telecommunications of New York, Inc. d/b/a Frontier Citizens Communications of New York

PSC-45-04-00011-P ...... exempt Order setting permanent cut rates by To modify the order in response to three Bridgecom International Inc., et al. petitions for rehearing and/or clarification

PSC-45-04-00012-P ...... exempt Interconnection agreement between Verizon To review the terms and conditions of the New York Inc. and Broadview NP Acquisition negotiated agreement Corp.

PSC-45-04-00013-P ...... exempt Retail renewable portfolio standard To consider the plan implementation plan

PSC-45-04-00014-P ...... exempt Retail renewable portfolio standard To consider measures appropriate for the implementation plan 2005 plan

PSC-45-04-00015-P ...... exempt Service Quality Performance Program by To establish a complaint rate target Rochester Gas and Electric Corporation

PSC-45-04-00016-P ...... exempt Distributed generation by Consolidated To revise standby service Edison Company of New York, Inc.

PSC-45-04-00017-P ...... exempt Service Quality Performance Program by To establish a complaint rate target Rochester Gas and Electric Corporation

PSC-45-04-00018-P ...... exempt Rehearing and clarification by Consolidated To clarify various aspects of the utilities' Edison Company of New York, et al. obligations regarding the development of retail competition

PSC-45-04-00019-P ...... exempt Rehearing by Consolidated Edison Company To establish a consistent statewide policy of New York, Inc. regarding the unbundling of utility costs and recovery of lost revenues

PSC-45-04-00020-P ...... exempt Energy competitive rate design policy To establish a uniform approach to the design of gas and electric rates

PSC-45-04-00021-P ...... exempt Public access procedures by William A. To consider a petition regarding the public Huston access procedures of Time Warner Cable-Binghamton

PSC-45-04-00022-P ...... exempt Transfer of water plant assets by the Town of To approve the transfer of water plant assets Schodack of Golf View Water Supply Co. to the Town of Schodack, Rensselaer County

68 NYS Register/November 10, 2004 Action Pending Index

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

RACING AND WAGERING BOARD

RWB-40-04-00004-P ...... 04/04/05 Video lottery gaming occupational licensing To permit the occupational licensing of video lottery gaming employees

REAL PROPERTY SERVICES, OFFICE OF

RPS-36-04-00002-P ...... 03/23/05 State assistance for annual assessment To set forth filing requirements for six-year programs plans

STATE, DEPARTMENT OF

DOS-34-04-00006-P ...... 02/21/05 Identification of buildings utilizing truss type To establish requirements for signs which construction identify the existence of truss construction in a building

DOS-34-04-00010-P ...... 04/26/05 Administration and enforcement of the To revise the minimum standards uniform code

STATE UNIVERSITY OF NEW YORK

SUN-31-04-00010-P ...... 01/31/05 Traffic and parking regulations at the State To increase parking fines and install parking University of New York College at Old meters Westbury

SUN-38-04-00003-P ...... 03/21/05 Traffic and parking regulations at the State To change parking and enforcement University College of Technology at Canton regulations and add traffic stop intersections

SUN-39-04-00012-EP ...... 03/28/05 Tuition and fees schedule To amend the schedule

SUN-40-04-00002-EP ...... 04/04/05 State basic financial assistance To modify the existing limitations formula

TAXATION AND FINANCE, DEPARTMENT OF

TAF-40-04-00003-P ...... 04/04/05 New York State, City of New York and City of To reflect the revision of certain tax rates and Yonkers withholding tables and other the tax table benefit recapture for wages and methods compensation paid on or after Jan. 1, 2005

TAF-45-04-00003-P ...... exempt Fuel use tax on motor fuel and diesel motor To set the sales tax component for the fuel calendar quarter Jan. 1, 2005 to March 31, 2005

TAF-45-04-00004-P ...... 05/09/05 Abatement of penalties To update the regulations

TEMPORARY AND DISABILITY ASSISTANCE, OFFICE OF

TDA-06-04-00006-P ...... 02/10/05c Operational plans for room and board To require an operational plan for room and facilities board facilities

TDA-17-04-00001-P ...... 04/28/05c Temporary absences To make it easier for social services districts to determine eligibility for assistance

THRUWAY AUTHORITY, NEW YORK STATE

THR-34-04-00002-P ...... 02/21/05 Management and operation of the New York To simplify the rules State Canal System

69 Action Pending Index NYS Register/November 10, 2004

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

TRANSPORTATION, DEPARTMENT OF

TRN-25-04-00002-P ...... 12/20/04 State Public Transportation Safety Board To provide consistency with the standards and requirements of the Code of Federal Regulations

TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY

TBA-41-04-00008-P ...... 04/11/05 Crossing charge schedule To raise additional revenue

70