NYS Register/October 01, 2003 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was printed, the permanent rule; (2) the proposal is rejected and year in which the notice was printed and the notice’s withdrawn from consideration; or (3) the proposal’s notice serial number.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-25-03-00001-P ...... 12/22/03 National Institute of Standards and To incorporate the 2003 edition Technology Handbook 133

AAM-25-03-00002-P ...... 12/22/03 National Institute of Standards and To incorporate the 2003 edition Technology Handbook 44

AAM-31-03-00003-P ...... 02/02/04 Licensing of farm products dealers To eliminate obsolete language

AAM-31-03-00004-P ...... 03/23/04 Asian long horned beetle quarantine To add four species to and delete eight species from the list of regulated host materials

ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, OFFICE OF

ASA-37-03-00002-EP ...... 03/15/04 Treatment of chemical dependence To set minimum standards for the authorization of physicians to use buprenorphine

AUDIT AND CONTROL, DEPARTMENT OF

AAC-35-03-00003-P ...... 03/01/04 Committee on investor responsibility To repeal an obsolete rule

AAC-36-03-00004-P ...... 03/08/04 Budgets and financial and strategic operation To prescribe specific requirements plans of the Metropolitan Transportation Authority

BANKING DEPARTMENT

BNK-32-03-00003-P ...... 02/09/04 Principal office location; schedule of fees To amend the principal office location and establish a fee schedule

41 Action Pending Index NYS Register/October 01, 2003

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

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 Cablevision 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

*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

42 NYS Register/October 01, 2003 Action Pending Index

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

CABLE TELEVISION, COMMISSION ON

*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

*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-21-03-00011-P ...... 11/24/03 Subsidized child care services To establish standards

CFS-30-03-00003-P ...... 01/26/04 Administration of medication to children in To regulate child day care providers' ability to day care administer medication

CIVIL SERVICE, DEPARTMENT OF

CVS-27-03-00003-P ...... 01/05/04 Special enrollees designated for inclusion in To delete a title and add a new title theincomeprotectionplan

CVS-31-03-00002-P ...... 02/02/04 Jurisdictional classification To delete positions from the non-competitive class in the Executive Department

CVS-35-03-00004-P ...... 03/01/04 Supplemental military leave To extend the availability of leave benefits

CONSUMER PROTECTION BOARD

CPR-31-03-00006-P ...... 02/02/04 Enrollment on the no telemarketing sales To extend the length of time a consumer calls statewide registry may remain on the registry

CPR-38-03-00005-P ...... 03/22/04 Do-not-call registry To authorize the use of the national do-not-call registry for enforcement purposes

43 Action Pending Index NYS Register/October 01, 2003

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

CORRECTIONAL SERVICES, DEPARTMENT OF

COR-34-03-00001-P ...... 02/23/04 Merit time and earned eligibility To implement changes to sections 803 and 805 of the Correction Law

DEFERRED COMPENSATION BOARD

DCB-20-03-00004-P ...... 11/17/03 Establishment of plan by a local employer To require that an educational employer solicit proposals for plan services prior to adopting a State plan

EDUCATION DEPARTMENT

EDU-05-03-00007-P ...... 02/05/04c Mentoring programs To require that school districts and BOCES include a mentoring program for new teachers from Feb. 2, 2004 and thereafter

EDU-16-03-00028-P ...... 10/20/03 Unprofessional conduct in the practice of To amend the definition public accountancy

EDU-33-03-00011-P ...... 04/07/04 Impartial hearings for students with To prescribe procedures disabilities

EDU-33-03-00012-P ...... 02/16/04 Licensure in massage therapy To clarify clock hour requirements

EDU-34-03-00009-P ...... 02/23/04 School bus monitors and attendants To clarify training and testing requirements

EDU-35-03-00008-P ...... 03/01/04 Mandatory continuing education To set forth requirements and standards requirements for professional engineers

EDU-37-03-00008-P ...... 03/15/04 Classroom teaching certification To establish requirements

EDU-38-03-00007-P ...... 03/22/04 Licensure as a certified public accountant To establish examination standards

EDU-38-03-00008-P ...... 03/22/04 State assessments and graduation and To revise requirements for a regents diploma diploma requirements

EDU-38-03-00009-P ...... 03/22/04 Driver education To establish a certification process for supervised hours in driver education

EDU-39-03-00007-P ...... 03/29/04 Continuing education requirements for To set forth continuing education licensed land surveyors requirements and standards

EDU-39-03-00008-P ...... 03/29/04 Impartial hearing officer determinations for To clarify procedures for practice on State students with disabilities level review of determinations

ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, STATE

ERD-17-03-00004-P ...... 10/27/03 Minimum energy efficiency standards To establish standards for energy using products purchased by or for the State and State agencies

ENVIRONMENTAL CONSERVATION, DEPARTMENT OF

ENV-11-03-00016-P ...... 05/01/04c Architectural coatings VOC limits To control emissions of VOCs

ENV-28-03-00024-P ...... 02/18/04 Stationary combustion installations To reduce emission limits

ENV-31-03-00005-P ...... 02/02/04 Mechanically propelled vessels and aircraft To establish language consistent with the in the forest preserve Adirondack Park State Land Master Plan

ENV-32-03-00008-P ...... 02/09/04 Managed harvest of big game animals and To maintain desirable wildlife species in game birds ecological balance

44 NYS Register/October 01, 2003 Action Pending Index

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

ENVIRONMENTAL CONSERVATION, DEPARTMENT OF

ENV-34-03-00003-P ...... 02/23/04 Managed harvest of beaver and river otter To establish trapping seasons for the 2003-2004 license year

ENV-37-03-00003-EP ...... 03/15/04 Migratory game bird hunting regulations To amend the regulations for the 2003-2004 season

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-33-03-00008-P ...... 02/16/04 Watershed rules and regulations for the City To update existing watershed rules of Syracuse

HLT-34-03-00005-P ...... 02/23/04 Smallpox vaccine To monitor for complications

HLT-36-03-00008-P ...... 03/08/04 Newborn screening To add three conditions to the screening panel

HLT-36-03-00009-P ...... 03/08/04 Public water systems - MTBE To adopt a revised maximum containment level for methyl-tertiary-butyl-ether (MTBE)

HLT-37-03-00001-P ...... 03/15/04 Treatment of opiate addiction To allow treatment in an office-based setting

HLT-37-03-00005-P ...... 03/15/04 Fluoroscopic x-ray equipment To update protocol and quality control testing tool

HLT-37-03-00006-P ...... 03/15/04 Physician profiling To implement the Patient Health Information and Quality Improvement Act of 2000

HLT-38-03-00006-P ...... 03/22/04 Live adult liver donation and transplantation To establish minimum standards

HLT-39-03-00003-P ...... 03/29/04 Smoking cessation products To add over-the-counter products to the Medicaid reimbursable list

HOUSING AND COMMUNITY RENEWAL, DIVISION OF

HCR-26-03-00011-P ...... 02/16/04 New York State rent and eviction regulations To establish uniform standards for rent reductions and recoupment of costs related to electrical conversions

HCR-26-03-00012-P ...... 02/16/04 rent and eviction regulations To establish uniform standards for rent reductions and recoupment of costs related to electrical conversions

HCR-26-03-00013-P ...... 02/17/04 Emergency tenant protection regulations To establish uniform standards for rent reductions and recoupment of costs related to electrical conversions

HCR-26-03-00014-P ...... 02/16/04 Rent stabilization code To establish uniform standards for rent reductions and recoupment of costs related to electrical conversions

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-30-03-00004-P ...... 01/26/04 Allocation of income and expenses To update references

INS-33-03-00001-P ...... 02/16/04 Fees or other allowances To update or delete obsolete references

INS-33-03-00009-P ...... 02/16/04 Statements of financial condition and To repeal an obsolete regulation advertisements

45 Action Pending Index NYS Register/October 01, 2003

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

INSURANCE DEPARTMENT

INS-33-03-00010-P ...... 02/16/04 Reporting of income and expenses To delete an obsolete rule

INS-34-03-00006-P ...... 02/23/04 Treatment of excess profits in motor vehicle To remove outdated references insurance

INS-38-03-00001-P ...... 03/22/04 Viatical settlements To delete an obsolete term

INS-38-03-00002-P ...... 03/22/04 Address updates To update certain addresses

INS-38-03-00003-P ...... 03/22/04 Loss portfolio transfers To remove and correct obsolete references

INS-39-03-00006-P ...... 03/29/04 Accounting calculations for reinsurance To delete references to specific citations in transactions the 1992 annual statement

LABOR, DEPARTMENT OF

LAB-33-03-00003-P ...... 02/16/04 Special September Eleventh Bidders To establish procedures for the application Registry process

LAW, DEPARTMENT OF

LAW-22-03-00001-P ...... 12/01/03 Newly constructed, vacant or non-residential To insure that prospective purchasers condominiums receive material disclosures

LAW-22-03-00002-P ...... 12/01/03 Conversion of occupied residential property To insure that prospective purchasers to condominium ownership receive material disclosures

LAW-22-03-00003-P ...... 12/01/03 Newly constructed and vacant cooperatives To insure that prospective purchasers receive material disclosures

LAW-22-03-00004-P ...... 12/01/03 Conversion of occupied residential property To insure that prospective purchasers to cooperative ownership 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

LPA-13-03-00003-P ...... exempt Charitable contributions program To continue a charitable contributions program

LPA-20-03-00010-P ...... exempt Tariff for electric service To establish a formula rate

LOTTERY, DIVISION OF THE

LTR-28-03-00009-P ...... 01/12/04 Video lottery gaming To allow for licensed operation of video lottery gaming

MENTAL HEALTH, OFFICE OF

OMH-26-03-00007-P ...... 12/29/03 Operation of outpatient programs To delete outdated references

OMH-26-03-00008-EP ...... 12/29/03 Outpatient programs To allow for the conversion of net deficit financing for outpatient programs

46 NYS Register/October 01, 2003 Action Pending Index

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

MOTOR VEHICLES, DEPARTMENT OF

MTV-27-03-00004-P ...... 01/05/04 Vision testing To modify requirements

MTV-32-03-00006-P ...... 02/09/04 Tioga County motor vehicle use tax To impose the tax

MTV-37-03-00007-P ...... 03/15/04 Drivers' schools To require that behind-the-wheel driving school instructors be 21 years of age

NIAGARA FRONTIER TRANSPORTATION AUTHORITY

NFT-19-03-00004-P ...... 11/10/03 Freedom of Information Law regulations To conform regulations to revisions in State law

PARKS, RECREATION AND HISTORIC PRESERVATION, OFFICE OF

PKR-36-03-00005-P ...... 03/08/04 Snowmobile trail development and To allow for greater opportunities for funded maintenance snowmobile trails

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 Time Warner Cable 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

*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

47 Action Pending Index NYS Register/October 01, 2003

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

PUBLIC SERVICE COMMISSION

*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

*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

48 NYS Register/October 01, 2003 Action Pending Index

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

PUBLIC SERVICE COMMISSION

*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

*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

49 Action Pending Index NYS Register/October 01, 2003

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

PUBLIC SERVICE COMMISSION

*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

*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

50 NYS Register/October 01, 2003 Action Pending Index

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

PUBLIC SERVICE COMMISSION

*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

*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

51 Action Pending Index NYS Register/October 01, 2003

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

PUBLIC SERVICE COMMISSION

*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

*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

52 NYS Register/October 01, 2003 Action Pending Index

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

PUBLIC SERVICE COMMISSION

*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 Company of New York, Inc. customer

*PSC-37-97-00012-P ...... exempt Certification and operation of telephone To amend the certificate of public corporations by Vernon Telephone convenience and necessity Company, Inc.

*PSC-51-97-00019-P ...... exempt Open market plan by Frontier Telephone of To modify the plan concerning exclusive Rochester, Inc. counsel

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

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

*PSC-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-08-99-00018-P ...... exempt Uniform system of accounts by Citizens To permit the company to draw on funds Telecommunication Company of New York, Inc.

*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-11-99-00009-P ...... exempt Certificates of incorporation by Ontario To permit the companies to amend their Telephone Company, Inc. and Trumansburg certificates Home Telephone Company

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

*PSC-16-99-00009-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 CCCNY, Inc. d/b/a Connect!

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

*PSC-34-99-00008-P ...... exempt Interconnection agreement between New To add two affiliated entities to the York Telephone Company d/b/a Bell agreement Atlantic-New York and Hyperion Communications of New York, Inc.

*PSC-36-99-00010-P ...... exempt Complaint of fund witholding by Focal To address the complaint against Bell Communications Corporation Atlantic-New York

*PSC-39-99-00006-P ...... exempt Eligibility application processes for natural To consolidate into a single uniform filing gas and electric ESCOs requirement

*PSC-42-99-00017-P ...... exempt Interconnection agreement violation by To address the complaint against Bell Global NAPs, Inc. Atlantic-New York

53 Action Pending Index NYS Register/October 01, 2003

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

PUBLIC SERVICE COMMISSION

*PSC-44-99-00004-P ...... exempt Intercarrier agreement between FairPoint To arbitrate certain unresolved issues Communications Corp. and ALLTEL New York, Inc.

*PSC-45-99-00012-P ...... exempt Monthly reporting of service quality results by To waive certain service quality reporting MCIMetro Access Transmission Services requirements LLC

*PSC-45-99-00013-P ...... exempt Collacation tariff by Bell Atlantic-New York To clarify or reconsider certain provisions

*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-51-99-00007-P ...... exempt Interconnection agreement between New To amend the agreement York Telephone Company d/b/a Bell Atlantic-New York and Teleport Communications Group

*PSC-51-99-00010-P ...... exempt Wholesale quality assurance plan by Bell To approve the plan Atlantic-New York

*PSC-51-99-00014-P ...... exempt Wholesale quality assurance plan by Bell To approve the plan Atlantic-New York

*PSC-51-99-00020-P ...... exempt Fielded completion upgrade by AT&T and To implement the upgrade in April 2000, Bell Atlantic instead of June 2000

*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

*PSC-52-99-00007-P ...... exempt Assignment of NXX codes To implement number conservation measures

*PSC-52-99-00009-P ...... exempt Rate center consolidation To implement number conservation measures

*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-01-00-00010-P ...... exempt Franchises and privileges, transfer and To consider a proposed transfer of operating ownership of stock by MCI WorldCom, Inc. subsidiaries and Sprint Corporation

*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

*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

54 NYS Register/October 01, 2003 Action Pending Index

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

PUBLIC SERVICE COMMISSION

*PSC-07-00-00002-P ...... exempt Digital subscriber loop charges by New York To modify the charges Telephone Company d/b/a Bell Atlantic-New York

*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-12-00-00017-P ...... exempt Number allocation scheme by Broadview To allow the company emergency relief from Networks the number allocation scheme

*PSC-13-00-00011-P ...... exempt Release of telephone NXX numbers by To expand the scope of service in the 716 Dobson Cellular Systems NPA

*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

*PSC-22-00-00010-P ...... exempt Petition for rehearing by Sprint PCS To reconsider the decision to defer implementation of wireless-only wide area rate centers

*PSC-23-00-00017-P ...... exempt Interconnection agreement between New To revise the interconnection agreement York Telephone Company d/b/a Bell issued April 13, 1999 Atlantic-New York and Ernest Communications, Inc.

55 Action Pending Index NYS Register/October 01, 2003

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

PUBLIC SERVICE COMMISSION

*PSC-23-00-00033-P ...... exempt Petitions for rehearing, waiver and/or To consider the petitions clarification by National Fuel Gas Distribution Corporation, et al.

*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-24-00-00007-P ...... exempt Interconnection of networks between To review the terms and conditions of the CCCNY, Inc. d/b/a CONNECT! and Frontier negotiated agreement Telephone of Rochester

*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-29-00-00008-P ...... exempt Line-sharing rates by New York Telephone To consider requested modifications Company d/b/a Bell Atlantic-New York

*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

56 NYS Register/October 01, 2003 Action Pending Index

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

PUBLIC SERVICE COMMISSION

*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

*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

57 Action Pending Index NYS Register/October 01, 2003

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

PUBLIC SERVICE COMMISSION

*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-36-00-00033-P ...... exempt Retail access phase 3 by Consolidated To review the implementation as it pertains Edison Company of New York, Inc. to delivery rates

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

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

*PSC-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. -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.

58 NYS Register/October 01, 2003 Action Pending Index

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

PUBLIC SERVICE COMMISSION

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

*PSC-44-00-00019-P ...... exempt Electronic data interchange transactions To adopt a uniform statewide standard

*PSC-44-00-00020-P ...... exempt Retail access data between jurisdictional To establish uniform statewide data utilities and eligible ESCO/marketers transactions

*PSC-44-00-00021-P ...... exempt New York uniform business rules To consider modifications

*PSC-45-00-00019-P ...... exempt Refund of service quality penalties by To waive certain service quality performance Taconic Telephone Corporation results

*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

*PSC-46-00-00018-P ...... exempt Central office code in 914 area code by To assign a central office code Nextel Communications, Inc.

*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-49-00-00010-P ...... exempt Rules and guidelines for the exchange of To establish uniform statewide retail access retail access data EDI data standards

*PSC-49-00-00013-P ...... exempt Request for a waiver by Verizon New York To consider whether to approve a waiver Inc.

*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 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-04-01-00010-P ...... exempt Interconnection agreement between Verizon To revise the agreement New York Inc. and Advanced TelCom Group, Inc.

*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

59 Action Pending Index NYS Register/October 01, 2003

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

PUBLIC SERVICE COMMISSION

*PSC-06-01-00014-P ...... exempt Deferred accounting by United Water New To defer costs York Inc.

*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-09-01-00008-P ...... exempt Service quality performance by Consolidated To provide metrics and standards for Edison Company of New York, Inc. required services

*PSC-09-01-00016-P ...... exempt Interconnection agreement between AT&T To resolve a dispute regarding the Communications, Inc. and Verizon New York agreement Inc.

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

*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.

60 NYS Register/October 01, 2003 Action Pending Index

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

PUBLIC SERVICE COMMISSION

*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-16-01-00007-P ...... exempt Transfer of property by Consolidated Edison To transfer four parcels of land to FSM East Company of New York, Inc. River Associates 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-19-01-00011-P ...... exempt Restructuring plan by Warwick Valley To accomplish a corporate restructuring Telephone Company

*PSC-20-01-00011-P ...... exempt Allocation of area codes within the State of To assign a single area code within Ontario New York County

*PSC-20-01-00013-P ...... exempt CLEC As-Is-Migration by Verizon New York To consider whether the company should be Inc. allowed to eliminate CLEC As-Is-Migration

*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.

*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

61 Action Pending Index NYS Register/October 01, 2003

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

PUBLIC SERVICE COMMISSION

*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-30-01-00006-P ...... exempt Deferred accounting by New York American To defer expenses associated with an Water Company increase in the cost of water

*PSC-32-01-00016-P ...... exempt Uniform business practices To modify the creditworthiness provisions

*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-34-01-00008-P ...... exempt Extended local calling from the Citizens To allow for expanded local calling Communications exchange of Croghan by Harry Mitchell, et al.

*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-39-01-00027-P ...... exempt Interconnection agreement between Verizon To amend the agreement New York Inc. and Compass Telecommunications

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

*PSC-41-01-00004-P ...... exempt Over-recovery of USF receipts by Champlain To consider rescission, modification and Telephone Company clarification of certain provisions of the commission's order

*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-42-01-00015-P ...... exempt Change control process To establish a change control process for EDI documents

*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-46-01-00024-P ...... exempt Interconnection agreement between Verizon To amend the agreement New York Inc. and Telecommunications Corporation d/b/a Metropolitan Communications

*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

62 NYS Register/October 01, 2003 Action Pending Index

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

PUBLIC SERVICE COMMISSION

*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

*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-07-02-00035-P ...... exempt Request for waiver by Neptune Regional To determine whether appropriate filing Transmission System LLC requirements are met without undue burden

*PSC-07-02-00036-P ...... exempt Request for waiver by GenPower New York, To determine whether appropriate filing LLC requirements are met without undue burden

*PSC-08-02-00017-P ...... exempt Uniform business practices To consider modifications

*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.

63 Action Pending Index NYS Register/October 01, 2003

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

PUBLIC SERVICE COMMISSION

*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

*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 service Electric & Gas Corporation

*PSC-18-02-00024-P ...... exempt Lightened regulation by Flat Rock Wind To determine the regulatory regime to be Power, LLC imposed

*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-20-02-00008-P ...... exempt Electronic data interchange (EDI) transaction To enable utilities to present the customer standards with a consolidated bill

*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-22-02-00019-P ...... exempt New York EDI 814 transaction set standards To establish uniform statewide retail access EDI data standards

*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-23-02-00017-P ...... exempt EDI transaction standards To establish uniform statewide retail access EDI data standards and business practices

64 NYS Register/October 01, 2003 Action Pending Index

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

PUBLIC SERVICE COMMISSION

*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-26-02-00016-P ...... exempt Joint proposal by National Fuel Gas To rehear the April 18, 2002 order Distribution 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-30-02-00011-P ...... exempt Interconnection agreement between Verizon To amend the agreement New York Inc. and A.R.C. Networks, Inc. d/b/a InfoHighway

*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-33-02-00013-P ...... exempt Allocation of a tax refund by KeySpan Gas To approve a method for distribution East Corporation d/b/a KeySpan Energy Delivery Long Island

*PSC-34-02-00009-P ...... exempt Competitive metering To modify competitive metering procedures

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

*PSC-34-02-00016-P ...... exempt Exchange of retail access data between To establish uniform retail access EDI data jurisdictional utilities and eligible standards and business practices ESCO/marketers

*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-34-02-00018-P ...... exempt Stock purchase by United Waterworks Inc. To approve the acquisition of stock and South County Services Company, Inc.

*PSC-35-02-00021-P ...... exempt Deferred accounting treatment by Aquarion To defer expenses Water Company of New York

*PSC-35-02-00022-P ...... exempt Establishment of a surcharge by Hudson To establish a surcharge Valley Water Companies, Inc.

65 Action Pending Index NYS Register/October 01, 2003

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

PUBLIC SERVICE COMMISSION

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

*PSC-36-02-00014-P ...... exempt Water rates and charges by United Water To refund $608,266 through a surcredit New York Inc.

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

PSC-39-02-00004-P ...... exempt Standby service rates by Central Hudson To establish rates Gas & Electric Corporation

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-42-02-00019-P ...... exempt Annual reconciliation of gas expenses and To consider the filing gas cost recoveries by various local distribution companies

PSC-42-02-00020-P ...... exempt Annual reconciliation of gas expenses and To consider the filing gas cost recoveries by various local distribution companies

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

66 NYS Register/October 01, 2003 Action Pending Index

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

PUBLIC SERVICE COMMISSION

PSC-51-02-00004-P ...... exempt Interconnection agreement between Citizens To amend the agreement Telecommunications Company of New York, Inc. and Warwick Valley Telephone Company

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-02-03-00007-P ...... exempt Rental charges for attachments by To modify approved rental charges Consolidated Edison Company of New York, Inc. and Orange and Rockland Utilites, Inc.

PSC-02-03-00008-P ...... exempt Street lighting billing methods by Niagara To more clearly define the netting and Mohawk Power Corporation backbilling methods

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

PSC-03-03-00008-P ...... exempt Use of utility generated funds by The To consider granting approval of the Brooklyn Union Gas Company d/b/a companies' joint petition KeySpan Energy Delivery New York, et al.

PSC-03-03-00009-P ...... exempt Water rates and charges by United Water To recover a net amount of $1,276,931 from New York, Inc. the customers through a surcharge

PSC-03-03-00011-P ...... exempt Deferred property taxes by United Water To determine the disposition of deferred New York property taxes

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-04-03-00009-P ...... exempt Uniform system of accounts by United Water To defer an item of expense beyond the end New Rochelle Inc. of the year in which it was incurred

PSC-04-03-00012-P ...... exempt Billing dispute between Community Network To resolve the matter Services, Inc. and Verizon New York Inc.

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-08-03-00010-P ...... exempt Property tax refunds by New York State To consider the ratemaking treatment Electric & Gas Corporation

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-09-03-00011-P ...... exempt Renewable sources of electricity To develope and implement a renewable portfolio standard for electric energy

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

67 Action Pending Index NYS Register/October 01, 2003

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

PUBLIC SERVICE COMMISSION

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-09-03-00015-P ...... exempt Deferral accounting by Consolidated Edison To defer expense items beyond the end of Company of New York, Inc. the year(s) in which they were incurred

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-09-03-00018-P ...... 03/04/04c Cable television To revise cable television rules

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-10-03-00008-P ...... exempt Water rates and charges by Rowland's To allow the company to set rates, charges, Hollow Water Works, Inc. rules and regulations under which the company will operate

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-15-03-00009-P ...... exempt Minor rate increase by Fishers Island Electric To increase annual electric revenues by 25.6 Company percent

PSC-15-03-00010-P ...... exempt Intracorporate reorganization by Athens To improve the financial condition of the Generating Company, L.P., et al. generation assets

PSC-15-03-00011-P ...... exempt Exchange of retail access data between To establish uniform statewide retail access jurisdictional utilities and eligible EDI data standards ESCO/marketers

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-15-03-00014-P ...... exempt Major rate increase by Orange and Rockland To increase annual gas operating revenues Utilities, Inc. by 14.03 percent

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.

PSC-16-03-00037-P ...... exempt Water rates and charges by Sea Cliff Water To increase annual revenues and change the Company company name

PSC-16-03-00038-P ...... exempt Certificate of environmental compatibility and To insure the environmental compatibility of public need by Flat Rock Wind Power, LLC the proposed facility

68 NYS Register/October 01, 2003 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-18-03-00007-P ...... exempt Calculation of franchise fees by Cablevision To permit exclusion of franchise fee of Rockland/Ramapo Inc. and the Village of collections from calculation of gross Montebello revenues

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

PSC-19-03-00028-P ...... exempt EDI transaction set standards To add additional measurement significance codes

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-21-03-00017-P ...... exempt Submetering of electricity by KSLM To permit submetering at 120 and 160 W. Columbus Apartments 97th St., and 135 W. 96th St., New York, NY

PSC-21-03-00019-P ...... exempt Minor gas rate increase by Fillmore Gas To increase annual gas revenues Company, Inc.

PSC-21-03-00020-P ...... exempt Electric service reliability performance To consider performance mechanism by Consolidated Edison Company of New York, Inc.

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-22-03-00016-P ...... exempt Interconnection agreement between Verizon To review the terms and conditions of the New York Inc. and Nytel Corp. negotiated agreement

PSC-22-03-00017-P ...... exempt Interconnection agreement between Verizon To review the terms and conditions of the New York Inc. and Smart Choice negotiated agreement Communications, LLC

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.

69 Action Pending Index NYS Register/October 01, 2003

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

PUBLIC SERVICE COMMISSION

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-22-03-00024-P ...... exempt Public, educational and governmental To allow the City of Ithaca flexibility to access channels by Time Warner Cable increase commitment

PSC-22-03-00025-P ...... exempt Transfer of certain cable system facilities by To approve the transfer Deposit Television, Inc. to Adams CATV, Inc.

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-24-03-00009-P ...... exempt Transfer of assets by Steven Silverman To transfer all assets to Bethel Water Company, Inc.

PSC-24-03-00010-P ...... exempt Water rates and charges by Arbor Hills To increase annual revenues and establish Waterworks, Inc. an escrow account

PSC-24-03-00011-P ...... exempt Water rates and charges by Boniville Water To increase annual revenues and establish Company, Inc. an escrow account

PSC-25-03-00006-P ...... exempt Security deposit requirements by Niagara To assess a security deposit to certain Mohawk Power Corporation customers

PSC-25-03-00007-P ...... exempt Intercarrier telephone service quality To consider revision and deletion of certain standards and metrics standards

PSC-25-03-00008-P ...... exempt Mandatory hourly pricing by Central Hudson To implement the pricing for electric Gas and Electric Corporation, et al. commodity service

PSC-25-03-00009-P ...... exempt Rates by Orange and Rockland Utilities, Inc. To consider appropriate regulation

PSC-25-03-00010-P ...... exempt Regulation of National Fuel Gas Distribution To consider changes Corporation

PSC-25-03-00011-P ...... exempt Sublease of real property by The Brooklyn To consider the proposed sublease Union Gas Company and ANB Sportswear, Inc.

PSC-25-03-00012-P ...... exempt Gas meters and accessories by KeySpan To approve the Tulsa Gas Technologies Energy Delivery (TGT) compressed natural gas dispenser accuracy prover

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

PSC-26-03-00020-P ...... exempt Gas meters and accessories by KeySpan To approve American Meter Company's Energy Delivery continuous mechanical temperature compensator for use in New York State

PSC-26-03-00021-P ...... exempt Lease of real property by The Brooklyn To consider the proposed lease of a building Union Gas Company and Consolidated Edison Company of New York, Inc.

70 NYS Register/October 01, 2003 Action Pending Index

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-27-03-00006-P ...... exempt Overhead electric lines, underground To revise pricing and reconciliation of certain distribution and extension by Niagara costs to customers Mohawk Power Coproration

PSC-27-03-00007-P ...... exempt Gas pricing method by Consolidated Edison To revise the methodology Company of New York, Inc.

PSC-27-03-00008-P ...... exempt Uniform system of accounts by Corning To defer an item of expense beyond the end Natural Gas Corporation of the year in which it was incurred

PSC-27-03-00009-P ...... exempt Petitions for rehearing and clarification by To determine if clarification of an earlier KeySpan Energy Delivery New York, et al. order should be granted

PSC-27-03-00010-P ...... exempt Gas pricing revisions by Consolidated To revise the methodology Edison Company of New York, Inc.

PSC-27-03-00011-P ...... exempt Transfer of assets by HHD Development To approve the transfer Corp. to Copake Lake South Shore Service, Inc.

PSC-28-03-00011-P ...... exempt Real-time pricing by Orange and Rockland To eliminate termination dates for enrollment Utilities and participation

PSC-28-03-00012-P ...... exempt Voluntary real-time pricing by Consolidated To eliminate termination dates for enrollment Edison Company of New York, Inc. and participation

PSC-28-03-00013-P ...... exempt Electronic meters by Invensys Metering To permit the use of the iCon series of Systems electronic meters

PSC-28-03-00014-P ...... exempt Submetering of electricity by 1400 5th LLC To submeter electricity at 1400 5th Ave., New York, NY

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-28-03-00016-P ...... exempt Submetering of electricity by Queens Fresh To submeter electricity at 188-02 64th Ave., Meadows, LLC New York, NY

PSC-28-03-00017-P ...... exempt Support services by Jefferson Wells To grant permission to perform services International for KeySpan Corporation

PSC-28-03-00018-P ...... exempt Calculation of franchise fees by Cablevision To exclude amount of franchise fees Systems Long Island Corp. collected from inclusion in calculation of gross receipts

PSC-28-03-00019-P ...... exempt Calculation of franchise fees by Cablevision To exclude amount of franchise fees Systems Westchester Corp. collected from inclusion in calculation of gross receipts

PSC-28-03-00020-P ...... exempt Manner of calculation of franchise fees by To exclude amount of franchise fees Cablevision Systems Westchester Corp. collected from inclusion in calculation of gross receipts

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-28-03-00023-P ...... exempt Water rates and charges by Reagans Mill To increase annual revenues Water Company

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

71 Action Pending Index NYS Register/October 01, 2003

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

PUBLIC SERVICE COMMISSION

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-29-03-00006-P ...... 01/19/04 Electric meter testing and reporting To streamline requirements requirements

PSC-29-03-00007-P ...... 01/19/04 Natural gas transmission, distribution and To conform with Federal regulations gathering line facilities

PSC-29-03-00008-P ...... exempt Initial tariff schedule by Great Expectations, To establish metered rates LLC

PSC-29-03-00012-EP ...... exempt Sale of 345kV circuit breaker by To preserve system reliability Consolidated Edison Company of New York, Inc. to Entergy Nuclear Indian Point 3, LLC

PSC-30-03-00005-P ...... exempt Day Ahead Demand Reduction Program by To eliminate the penalty multiplier Consolidated Edison Company 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-30-03-00009-P ...... exempt Relationship with gas marketers by New To consider revisions York State Electric & Gas Corporation

PSC-30-03-00010-P ...... exempt Economic development plan by Rochester To consider the plan Gas and Electric Corporation

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-30-03-00013-P ...... exempt Electronic tariff schedule by Forest Park To approve the conversion to an electronic Water Company, Inc. tariff

PSC-31-03-00008-P ...... exempt Sale of standby service to customers with To revise the method used to bill electric on-site generation by Niagara Mohawk commodity to customers Power Corporation

PSC-31-03-00009-P ...... exempt Sale of standby service to customers with To provide unbundled transmission and on-site generation by Niagara Mohawk distribution rates Power Corporation

PSC-31-03-00010-P ...... exempt Distributed generation service - To institute firm delivery service for nonresidential by Niagara Mohawk Power commercial and industrial customers Corporation

PSC-31-03-00011-P ...... exempt Uniform system of accounts by United Water To reconcile the amount of real estate taxes New Rochelle Inc.

PSC-31-03-00012-P ...... exempt Reconciliation of revenues by United Water To approve revenue reconciliation for the New Rochelle Inc. year ended July 11, 2002

72 NYS Register/October 01, 2003 Action Pending Index

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

PUBLIC SERVICE COMMISSION

PSC-31-03-00013-P ...... exempt Water rates and charges by Somerdel To increase annual revenues Water-Works Corp.

PSC-31-03-00014-P ...... exempt Deferred accounting by Aquarion Water To defer an increase in the cost of water Company of New York purchased from the Westchester Joint Water Works

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-32-03-00010-P ...... exempt Interconnection agreement between Chazy To review the terms and conditions of the and Westport Telephone Corporation and negotiated agreement PrimeLink, Inc.

PSC-32-03-00011-P ...... exempt Gas meters and accessories by Corning To approve use of the Eagle Research Natural Gas Corporation Corporation's XARTU/1-VC-LDVI electronic volume corrector

PSC-32-03-00012-P ...... exempt Non-residential distributed generation firm To institute firm delivery service for sales by Rochester Gas and Electric commercial and industrial distributed Corporation generation customers

PSC-32-03-00013-P ...... exempt Distributed generation service by National To institute firm delivery service for Fuel Gas Distribution Corporation commercial and industrial distributed generation customers

PSC-32-03-00014-P ...... exempt Gas rates for distributed generation facilities To institute firm delivery service for by Orange and Rockland Utilities, Inc. commercial and industrial distributed generation customers

PSC-32-03-00015-P ...... exempt Non-residential distributed generation firm To institute firm delivery service for sales service by New York State Electric & commercial and industrial distributed Gas Corporation generation customers

PSC-32-03-00016-P ...... exempt Baseload distributed generation sales To institute firm delivery service for service by The Brooklyn Union Gas commercial and industrial distributed Company generation customers

PSC-32-03-00017-P ...... exempt Baseload distributed generation sales To institute firm delivery service for service by KeySpan Gas East Corporation commercial and industrial distributed generation customers

PSC-32-03-00018-P ...... exempt Distributed generation rate by Consolidated To institute firm delivery service for Edison Company of New York, Inc. commercial and industrial distributed generation customers

PSC-32-03-00019-P ...... exempt Distributed generation commercial and To institute firm delivery service for industrial by Central Hudson Gas & Electric commercial and industrial distributed Corporation generation customers

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

PSC-33-03-00013-P ...... exempt Interconnection agreement between Citizens To review the terms and conditions of the Telecommunications Company of New York, negotiated agreement Inc. and Southwestern Bell Mobile Systems, LLC

PSC-33-03-00014-P ...... exempt Interconnection agreement between Frontier To review the terms and conditions of the Communications of New York, Inc., Frontier negotiated agreement Communications of Sylvan Lake, Inc. and New York Coin Telephone Company, Inc.

PSC-33-03-00015-P ...... exempt Day Ahead Demand Reduction Program by To eliminate the penalty multiplier applicable Orange and Rockland Utilities, Inc. when the customer's load reduction is less than the customer's bid

PSC-33-03-00016-P ...... exempt Off-peak firm rate by Consolidated Edison To change the timing associated with Company of New York, Inc. notifying customers of monthly rate changes

73 Action Pending Index NYS Register/October 01, 2003

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

PUBLIC SERVICE COMMISSION

PSC-34-03-00010-P ...... exempt Hot-cuts by Verizon New York Inc. To determine the appropriate hot-cuts of Verizon New York Inc.

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-34-03-00012-P ...... exempt Interconnection of networks by Verizon New To review the terms and conditions of the York Inc. and Covad Communications agreement

PSC-34-03-00013-P ...... exempt Interconnection of networks by Verizon New To review the terms and conditions of the York Inc. and Long Island Telephone agreement Company

PSC-34-03-00014-P ...... exempt Rochester Gas and Electric Corporation's To consider the proposal economic development plan

PSC-34-03-00015-P ...... exempt Request for approval of instrument To permit electric utilities to use the transformers by Company transformers

PSC-34-03-00016-P ...... exempt Transfer of assets by Corning Natural Gas To approve the petition

PSC-34-03-00017-P ...... exempt Competitive transition charges by Niagara To revise the charges to reflect forecast Mohawk Power Corporation market prices

PSC-34-03-00018-P ...... exempt Pro-ration of consolidated bills by To consider petitions for rehearing Consolidated Edison Company of New York, Inc.,etal.

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-35-03-00010-P ...... exempt Interconnection agreement between Verizon To amend the agreement New York Inc. and Intermedia Communications, Inc.

PSC-35-03-00011-P ...... exempt Interconnection agreement between Verizon To amend the agreement New York Inc. and Brooks Fiber Communications of New York, Inc.

PSC-35-03-00012-P ...... exempt Interconnection agreement between Verizon To amend the agreement New York Inc. and MCI WORLDCOM Communications, Inc.

PSC-35-03-00013-P ...... exempt Interconnection agreement between DFT To review the terms and conditions of the Local Service Corporation d/b/a Select One negotiated agreement and ALLTEL New York, Inc.

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

PSC-35-03-00016-P ...... exempt Issuance of securities by Bayswater Peaking To permit the companies to issue securities Facility, LLC and Jamaica Bay Peaking Facility, LLC

PSC-35-03-00017-P ...... exempt Market based backout credit by Rochester To eliminate the full requirements option Gas and Electric Corporation

74 NYS Register/October 01, 2003 Action Pending Index

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

PUBLIC SERVICE COMMISSION

PSC-35-03-00018-P ...... exempt Restructuring by Corning Natural Gas To resolve restructuring of utility operations Company

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-36-03-00012-P ...... exempt Lightened regulation by Equus Power 1, L.P. To approve financing

PSC-36-03-00013-P ...... exempt Restructuring of corporate debt by To approve the restructuring Danskammer, LLC and Dynegy Roseton, LLC

PSC-36-03-00014-P ...... exempt Customer service quality mechanism by New To consider revisions York State Electric & Gas Corporation

PSC-36-03-00015-P ...... exempt Transfer of property by New York State To transfer the Court St. building and Electric and Gas Corporation property to 267 Court Street, LLC

PSC-36-03-00016-P ...... exempt Issuance of debt by Bristol Water Works To replace and upgrade water treatment Corporation pumps and piping

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-37-03-00012-P ...... exempt Change in ownership by Global Common To transfer member interests from Hawkeye Greenport, LLC Electric, LLC to Hawkeye Group, LLC and William J. Haugland

PSC-37-03-00013-P ...... exempt Metering by Central Hudson Gas & Electric To eliminate special metering provisions Corporation

PSC-37-03-00014-P ...... exempt Change in ownership by KeySpan-Port To transfer assets of Port Jefferson to Jefferson Energy Center, LLC and KeySpan Generation Generation LLC

PSC-37-03-00015-P ...... exempt Change in ownership by KeySpan-Glenwood To transfer assets from Glenwood to Energy Center, LLC and KeySpan Generation Generation LLC

PSC-37-03-00016-P ...... exempt Economic development plan by Rochester To revise the plan Gas and Electric Corporation

PSC-37-03-00017-P ...... exempt Real estate tax reconciliation by United To resolve the amount to be deferred Water New Rochelle Inc.

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

75 Action Pending Index NYS Register/October 01, 2003

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

PUBLIC SERVICE COMMISSION

PSC-38-03-00013-P ...... exempt Request for approval of utility billing meters To approve use of Electro Industries Nexus by Electro Industries models 1260/1262/1270/1272 utility billing meters

PSC-38-03-00014-P ...... exempt Approval of Encompass kV2c line electronic To permit electric utilities to use the meters by General Electric Company electronic meters

PSC-38-03-00015-P ...... exempt Meter recovery charge by Consolidated To modify tariff language Edison Company of New York, Inc.

PSC-38-03-00016-P ...... exempt Special monthly assessment by Bristol To approve a special monthly assessment Water Works Corporation

PSC-39-03-00009-P ...... exempt Interconnection agreement between Verizon To review the terms and conditions of the New York Inc. and DFT Local Service agreement Corporation d/b/a DFT Select One

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 ...... 03/29/04 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-39-03-00012-P ...... exempt Small Commercial Direct Load Control Pilot To approve proceeding with phase II Program by Consolidated Edison Company of New York, Inc.

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

PSC-39-03-00014-P ...... exempt Mini rate increase by Village of Philadelphia To increase annual electric revenues by approximately

PSC-39-03-00015-P ...... exempt Minor rate increase by Woodhull Municipal To increase annual gas revenues Gas Company

PSC-39-03-00016-P ...... exempt Modifications to performance targets by To approve modifications Niagara Mohawk Power Corporation

PSC-39-03-00017-P ...... exempt Calculation of franchise fees by Cablevision To exclude the amount of franchise fees Systems Long Island Corp. collected from inclusion in gross receipts

PSC-39-03-00018-P ...... exempt Calculation of franchise fees by Cablevision To exclude the amount of franchise fees of Wappingers Falls, Inc. collected from inclusion in gross receipts

PSC-39-03-00019-P ...... exempt Transfer of assets by Time Warner Cable, To approve the transfer of certain assets Inc.

RACING AND WAGERING BOARD

RWB-34-03-00004-P ...... 02/23/04 Submission of veterinarian treatment records To amend the time frames for submitting treatment records

STATE, DEPARTMENT OF

DOS-53-02-00018-RP ...... 12/31/03c Fire safety standards for cigarettes To limit ignition risk

DOS-16-03-00006-P ...... 10/20/03 Uniform Standards of Professional Appraisal To adopt the 2003 edition Practice

DOS-31-03-00001-P ...... 02/02/04 Approval of real estate courses To update existing rules

76 NYS Register/October 01, 2003 Action Pending Index

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

STATE UNIVERSITY OF NEW YORK

SUN-20-03-00009-P ...... 11/17/03 Traffic and parking regulations at the State To clarify regulations and increase certain University College at Oneonta fines

SUN-30-03-00002-EP ...... 01/26/04 Tuition and fees schedule To amend the schedule

SUN-31-03-00007-P ...... 02/02/04 Code and standards and procedures for the To update the code administration and operation of community colleges

TAXATION AND FINANCE, DEPARTMENT OF

TAF-32-03-00004-P ...... 02/09/04 Eligible business facility credit for corporation To repeal obsolete rules taxes

TAF-32-03-00005-P ...... 02/09/04 New York State and City of Yonkers To amend the tables applicable to wages withholding tables and other compensation paid on or after July 1, 2003

TAF-32-03-00007-P ...... 02/09/04 City of New York withholding tables To reflect revision of tax rates and the new tax table benefit recapture for wages and compensation paid on or after July 1, 2003

TAF-36-03-00006-P ...... exempt Fuel use tax To set the sales tax component for motor fuel and diesel motor fuel for the calendar quarter Oct. 1, 2003 through Dec. 31, 2003

TAF-38-03-00017-P ...... 03/22/04 Sales on Indian reservations To implement the collection of excise taxes and sales and compensating use taxes on retail sales made to non-Indians

TEMPORARY AND DISABILITY ASSISTANCE, OFFICE OF

TDA-11-03-00007-P ...... 03/18/04c Fee for lost or stolen identification cards To impose a fee for replacement of lost or stolen cards

TDA-15-03-00003-P ...... 04/15/04c Families in Transition Act To permit the continuation of public assistance eligibility for a child whose adult relative caretaker has died

TDA-19-03-00011-P ...... 11/10/03 Temporary housing assistance To provide safeguards to individuals and families

TDA-20-03-00002-P ...... 11/17/03 Eligibility for food stamps To implement Federal requirements

TDA-24-03-00001-EP ...... 12/15/03 Temporary shelter supplements To provide supplements to persons who are no longer eligible for family assistance

TDA-28-03-00008-P ...... 01/12/04 Eligibility of refugees, asylees and aliens for To implement changes to requirements public assistance

TDA-35-03-00007-P ...... 03/01/04 Veterans' assistance benefits To delete an obsolete provision

THRUWAY AUTHORITY, NEW YORK STATE

THR-26-03-00009-P ...... 12/29/03 Transportation of explosives To update the classification of explosives and delete obsolete references

77