New York State Department of State

August 24, 2016 DEPARTMENT OF STATE Vol. XXXVIII Division of Administrative Rules Issue 34 NEW YORK STATE REGISTER

INSIDE THIS ISSUE: D Specialized Programs for Residents with Neurodegenerative Diseases D Points for Railroad Crossing Violations D Fuel Use Tax on Motor Fuel and Diesel Motor Fuel and the Art. 13-A Carrier Tax Jointly Administered Therewith Notice of Availability of State and Federal Funds

State agencies must specify in each notice which proposes a rule the last date on which they will accept public comment. Agencies must always accept public comment: for a minimum of 45 days following publication in the Register of a Notice of Proposed Rule Making or a Notice of Emergency Adoption and Proposed Rule Making for which full text was included in the Notice or posted on a state web site, or which is a consensus rule or a rule defined in SAPA § 102(2)(a)(ii); or for a minimum of 60 days following publication in the Register of a Notice of Proposed Rule Making or a Notice of Emergency Adoption and Proposed Rule Making for which a summary of the text of the rule was included in the Notice and the full text of which was not published on a state web site; and for 30 days after publication of a Notice of Revised Rule Making in the Register. When a public hearing is required by statute, the hearing cannot be held until 45 days after publication of the notice, and comments must be accepted for at least 5 days after the last required hearing. When the public comment period ends on a Saturday, Sunday or legal holiday, agencies must accept comment through the close of business on the next succeeding workday.

For notices published in this issue: – the 60-day period expires on October 23, 2016 – the 45-day period expires on October 8, 2016 – the 30-day period expires on September 23, 2016 ANDREW M. CUOMO GOVERNOR

ROSSANA ROSADO SECRETARY OF STATE

NEW YORK STATE DEPARTMENT OF STATE

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The public is encouraged to comment on any of the proposed rules appearing in this issue. Comments must be made in writing and must be submitted to the agency that is proposing the rule. Address your comments to the agency representative whose name and address are printed in the notice of rule making. No special form is required; a handwritten letter will do. Individuals who access the online Register (www.dos.ny.gov) may send public comment via electronic mail to those recipients who provide an e-mail address in Notices of Proposed Rule Making. This includes Proposed, Emergency Proposed, Revised Proposed and Emergency Revised Proposed rule makings.

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

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

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

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New York State Register August 24, 2016/Volume XXXVIII, Issue 34

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

Individuals may send public comment via electronic mail to those recipients who provided an e-mail address in Notices of Proposed Rule Making. This includes Proposed, Emergency Proposed, Revised Proposed and Emergency Revised Proposed rule makings. Choose pertinent issue of the Register and follow the procedures on the website (www.dos.ny.gov) Rule Making Activities Agriculture and Markets, Department of 1 / Gasoline and Gasoline Alcohol Blends (P) 2 / Firewood (all Hardwood Species), Nursery Stock, Logs, Green Lumber, Stumps, Roots, Branches and Debris of Half an Inch or More (P) Alcoholism and Substance Abuse Services, Office of 4 / Repeal of Obsolete Rules: General Provisions; HIV-AIDS; Inpatient Programs; Funding for Ser- vices; Hearings; Authorizing MDs (P) Health, Department of 4 / Specialized Programs for Residents with Neurodegenerative Diseases (RP) Motor Vehicles, Department of 5 / Points for Railroad Crossing Violations (A) Public Service Commission 5 / Collection of Additional Funding Through the SBC (A) 5 / Proposed Revisions to the General Information Section III.8(W) - AMR/AMI Meter Opt-Out (P) 6 / Community Choice Aggregation (CCA) Data Services (P) 6 / Proposed Revisions to the General Rule 6.10—AMR/AMI Meter Opt-Out (P) 7 / Community Choice Aggregation (CCA) Data Services (P) 9 / Petition to Submeter Electricity (P) 9 / Community Choice Aggregation (CCA) Data Services (P) 9 / Notice of Intent to Submeter Electricity (P) 10 / Standby Service (P) Taxation and Finance, Department of 11 / Fuel Use Tax on Motor Fuel and Diesel Motor Fuel and the Art. 13-A Carrier Tax Jointly Administered Therewith (A) 11 / Fuel Use Tax on Motor Fuel and Diesel Motor Fuel and the Art. 13-A Carrier Tax Jointly Administered Therewith (P) Hearings Schedule for Proposed Rule Makings /13 Action Pending Index /15

Securities Offerings 65 / State Notices

Advertisements for Bidders/Contractors 69 / Sealed Bids

Notice of Availability of State and Federal Funds 73 / New York Homes and Community Renewal

Miscellaneous Notices/Hearings 79 / Notice of Abandoned Property Received by the State Comptroller 79 / Notice of Annulment Of Dissolution of Certain Business Corporations 85 / Notice of Erroneous Inclusion In Dissolution by Proclamation of Certain Business Corporations 85 / Notice of Erroneous Inclusion In Annulment of Authority of Certain Foreign Corporations 86 / Notice of Cancellation Of Annulment of Authority of Certain Foreign Corporations 87 / Public Notice RULE MAKING ACTIVITIES

Each rule making is identified by an I.D. No., which consists requirement in the Annual Book of ASTM Standards, specification number [D 4814-12] D 4814-15a, except as noted below. of 13 characters. For example, the I.D. No. Subparagraph (i) of paragraph (2) of subdivision (a) of section 224.3 of AAM-01-96-00001-E indicates the following: 1 NYCRR is amended to read as follows: (i) The total [alcohol] ethanol content of any [gasoline-alcohol] AAM -the abbreviation to identify the adopting agency gasoline-ethanol blend shall not exceed [10] 15 percent by volume. 01 -the State Register issue number Paragraph (1) of subdivision (c) of section 224.9 is amended to read as follows: 96 -the year (1) If you are a retailer, you must post the octane rating of [all] 00001 -the Department of State number, assigned upon automotive gasoline, except gasoline-ethanol blends containing more than receipt of notice. 10 percent and not more than 15 percent ethanol by volume, you sell to consumers. You must do this by putting at least one label on each face of E -Emergency Rule Making—permanent action each gasoline dispenser through which you sell gasoline. If you are selling not intended (This character could also be: A two or more kinds of gasoline with different octane ratings from a single dispenser, you must put separate labels for each kind of gasoline on each for Adoption; P for Proposed Rule Making; RP face of the dispenser. for Revised Rule Making; EP for a combined Section 224.11 of 1 NYCRR is amended by adding thereto a new subdivision (h), to read as follows: Emergency and Proposed Rule Making; EA for (h) Labels for gasoline-ethanol blends that contain more than 10 an Emergency Rule Making that is permanent percent and not more than 15 percent ethanol by volume shall be in and does not expire 90 days after filing.) compliance with the requirements set forth in 40 CFR section 80-1501. Text of proposed rule and any required statements and analyses may be Italics contained in text denote new material. Brackets obtained from: Mr. Michael Sikula, Director, Bureau of Weights & Measures, Agriculture and Markets, 10B Airline Drive, Albany, NY indicate material to be deleted. 12235, (518) 457-3146, email: [email protected] Data, views or arguments may be submitted to: Same as above. Public comment will be received until: 45 days after publication of this notice. Consensus Rule Making Determination Department of Agriculture and The proposed rule will amend 1 NYCRR Part 224 to allow for the sale and distribution of gasoline-ethanol fuel blends that contain up to fifteen Markets percent alcohol, in contrast to the presently existing requirement that al- lows for such fuel to contain only up to ten percent alcohol, and will, also, require gasoline-ethanol blends to comply with certain labeling require- PROPOSED RULE MAKING ments set forth in federal regulation. Furthermore, the proposed rule will require automotive gasoline to meet updated requirements published by NO HEARING(S) SCHEDULED ASTM International, an organization comprised of producers and users of industrial commodities, as well as of government regulators, consumers, Gasoline and Gasoline Alcohol Blends and academicians that, inter alia, publishes standards for industrial commodities. I.D. No. AAM-34-16-00002-P As the proposed rule provides greater flexibility in gasoline-ethanol fuel blends and requires compliance applicable federal regulation already PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- applicable for interstate commerce and the updated ASTM industry stan- cedure Act, NOTICE is hereby given of the following proposed rule: dards, it is believed that no one will object to the proposed amendments. Proposed Action: This is a consensus rulemaking to amend Part 224 of Based upon the foregoing, it is anticipated that the proposed rule meets Title 1 NYCRR. the definition of a consensus rule as set forth in SAPA section 102(11). Statutory authority: Agriculture and Markets Law, sections 16(1), 18(1), Job Impact Statement 179(3)(b), 192-a(1) and (7) The proposed rule will not have an adverse impact upon employment opportunities. Subject: Gasoline and gasoline alcohol blends. The proposed rule will amend 1 NYCRR Part 224 to allow gasoline- Purpose: To allow for gasoline alcohol blends that contain up to fifteen ethanol blends to contain up to fifteen percent ethanol, an increase from percent alcohol. the current regulations that permit gasoline-ethanol blends to contain up to Text of proposed rule: Section 224.1 of 1 NYCRR is amended by adding ten percent ethanol. As the proposed rule is permissive and adds no ad- thereto a new subdivision (m), to read as follows: ditional requirements on industry participants than found in the current (m) 40 CFR means Title 40 of the Code of Federal Regulations, revised regulations, employment opportunities in businesses that handle automo- as of July 1, 2016, published by the U.S. Government Printing Office, tive fuel, and particularly gasoline-ethanol blends, should not be affected Washington, D.C. A copy of 40 CFR is maintained in a file at the Depart- by the proposed rule. ment of Agriculture and Markets, Bureau of Weights and Measures, 10B Furthermore, the proposed rule may have a positive indirect impact Airline Drive, Albany, New York 12235, and the Department of State, 99 upon employment opportunities. Currently, there are at least two manufac- Washington Avenue, Suite 650, Albany, New York 12231, and is available turing plants in the State that manufacture ethanol from, at least in part, for public inspection and copying during regular business hours. plant matter grown or harvested in the State. To the extent that gasoline- The portion of subdivision (a) of section 224.3 of 1 NYCRR im- ethanol blends “use” more ethanol in such blends, and use more than is mediately preceding the provisions of paragraph (1) thereof is amended to currently used, employment opportunities on farms and in ethanol read as follows: manufacturing plants in the State that presently exist or that may be built (a) Automotive gasoline. All automotive gasoline shall meet the could very well increase.

1 Rule Making Activities NYS Register/August 24, 2016

PROPOSED RULE MAKING lowing genera: Acer (Maple); Aesculus (Horse Chestnut); Albizia (Silk Tree or Mimosa); Betula (Birch); Cercidiphyllum japonicum (Katsura); NO HEARING(S) SCHEDULED Fraxinus (Ash); Koelreuteria (Goldenrain tree); Platanus (Plane Tree, Sycamore); Populus (Poplar); Salix (Willow); Sorbus (Mountain Ash); Firewood (all Hardwood Species), Nursery Stock, Logs, Green and Ulmus (Elm) are regulated articles. Lumber, Stumps, Roots, Branches and Debris of Half an Inch or Text of proposed rule and any required statements and analyses may be More obtained from: Christopher Logue, NYS Department of Agriculture and Markets, 10B Airline Drive, Albany, New York, 12235, (518) 457-2087, I.D. No. AAM-34-16-00003-P email: [email protected] Data, views or arguments may be submitted to: Same as above. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Public comment will be received until: 45 days after publication of this cedure Act, NOTICE is hereby given of the following proposed rule: notice. Proposed Action: Repeal of sections 139.2(b) and 139.3(b)(1); addition of Regulatory Impact Statement new sections 139.2(b) and 139.3(b)(1) to Title 1 NYCRR. 1. Statutory authority: Statutory authority: Agriculture and Markets Law, sections 16, 164 and Section 18 of Agriculture and Markets Law (AML) provides, in part, 167 that the Commissioner may enact, amend and repeal necessary rules which shall provide generally for the exercise of the powers and performance of Subject: Firewood (all hardwood species), nursery stock, logs, green the duties of the Department as prescribed in the AML and the laws of the lumber, stumps, roots, branches and debris of half an inch or more. State and for the enforcement of their provisions and the provisions of the Purpose: To modify the ALB quarantine to prevent the further spread of rules that have been enacted. the beetle and to modify the list of regulated articles. Section 164 of the AML provides, in part, that the Commissioner shall Text of proposed rule: Subdivision (b) of section 139.2 of 1 NYCRR is take such action as he may deem necessary to control or eradicate any repealed, and a new subdivision (b) is added to read as follows: injurious insects, noxious weeds, or plant diseases existing within the (b) That area in the Villages of Amityville, Babylon, Farmingdale, State. Lindenhurst, Massapequa Park and the hamlets of North Amityville, Section 167 of the AML provides, in part, that the Commissioner is au- Bethpage, Old Bethpage, North Babylon, West Babylon, Copiague, Deer thorized to make, issue, promulgate and enforce such orders, by way of Park, East Farmingdale, South Farmingdale, North Lindenhurst, Melville, quarantines or otherwise, as he may deem necessary or fitting to carry out Massapequa, East Massapequa, North Massapequa, Wheatley Heights the purposes of Article 14 of the AML. Section 167 also provides that the and Wyandanch; in the Towns of Babylon, Oyster Bay and Huntington; in Commissioner may adopt and promulgate such rules and regulations to the Counties of Nassau and Suffolk and bounded by a line beginning at a supplement and give full effect to the provisions of Article 14 of the AML point where West Main Street intersects the west shoreline of Carll's as he may deem necessary. River; then west along West Main Street to its intersection with Route 2. Legislative objectives: 109; then northwest along Route 109 to its junction with Little East Neck The quarantine accords with the public policy objectives the Legislature Road, continuing northwest along Little East Neck Road to its junction sought to advance by enacting the statutory authority in that it will help to with Belmont Avenue; then north along Belmont Avenue to its intersection prevent the further spread within the State of an injurious insect, the Asian with August Road; then southeast on August Road to its junction with long horned beetle (ALB). Chuck Blvd.; then northeast along Chuck Blvd. to its intersection with 3. Need and benefits: Erlanger Blvd.; then east along Erlanger Blvd. to its intersection with The ALB, Anoplophora glabripennis, an insect species non-indigenous Woods Road; then north along Woods Road to its intersection with to the United States, can cause serious damage to healthy trees by boring Westview Avenue; then west along Westview Avenue to its intersection into heartwood and eventually killing them. Nursery stock, logs, green with W 24th Street; then north along W 24th Street to its intersection with lumber, firewood, stumps, roots, branches and debris of a half inch or Grand Blvd.; then east on Grand Blvd. to its intersection with W 23rd more in diameter are subject to infestation. Host hardwood materials at Street; then north along W 23rd Street continuing north over the Long risk to attack and infestation include species of the following: Acer Island Rail Road tracks and intersecting with Acorn Street; then west (Maple); Aesculus (Horse Chestnut); Albizia (Silk Tree or Mimosa); along Acorn Street to its junction with Adams Street; then following Ad- Betula (Birch); Cercidiphyllum japonicum (Katsura); Fraxinus (Ash); ams Street north and then east to its junction with Somerset Place; then Koelreuteria (Goldenrain tree); Platanus (Plane Tree, Sycamore); Populus north on Somerset Place to its intersection with Nicolls Road; then west (Poplar); Salix (Willow); Sorbus (Mountain Ash); and Ulmus (Elm) are on Nicholls Road to its intersection with Venedia Drive; then north on regulated articles. Venedia Drive to its intersection with Straight Path; then southwest on The pest was initially detected in the Greenpoint section of Brooklyn, Straight Path to its junction with Brown Blvd.; then north on Brown Blvd. in August of 1996. Subsequent survey activities delineated other locations to its intersection with Foothill Place; then west on Foothill Place to its in Brooklyn, as well as locations in and about Amityville, the Town of intersection with Landscape Drive; then north on Landscape Drive to the Islip, Queens, Manhattan and Staten Island. As a result, 1 NYCRR Part point it becomes West Hills Place; then north on West Hills Place to the 139 was adopted, establishing a quarantine of those areas in which the point it intersects with West Farm Drive; then west on West Farm Drive to ALB had been observed. The quarantine was lifted in Islip in 2011 and its intersection with Bagatelle Road; then north along Bagatelle Road to Manhattan and Staten Island in 2014, due to the eradication of ALB in its intersection with the south service road of the Long Island Expressway, these area. The boundaries of current quarantine areas are set forth in 1 following the south service road of the Long Island Expressway west to its NYCRR section 139.2(b). intersection with Round Swamp Road; then south on Round Swamp Road A new finding of ALB (trees with ALB exit holes) in the East Farm- to its junction with Quaker Meeting House Road; then southwest on ingdale and Wyandanch areas of central Long Island has demonstrated the Quaker Meeting House Road until it intersects with Merrits Road; then need to expand the quarantined area by two square miles. The proposed west on Merrits Road until the point it becomes Central Avenue; continu- regulations provides for this expansion. ing west on Central Avenue until it intersects with the Bethpage Parkway; The proposed regulations also amend the list of regulated articles in then south on the Bethpage Parkway until its intersection with (Route 24) section 139.3(b)(1) by correcting the spelling of Albizzia to Albizia; add- Hempstead Turnpike; then west along Hempstead Turnpike to its intersec- ing Koelreuteria (Goldenrain tree) as a regulated article; and removing tion with Hemlock Drive; then south along Hemlock Drive to its intersec- Celtis (Hackberry) as a regulated article. tion with Cheryl Lane North; then east and south along Cheryl Lane North 4. Costs: to its intersection with Boundary Avenue; then east on Boundary Avenue (a) Costs to the State government: The Department may incur some ad- to its intersection with North Broadway; then south on North Broadway ditional costs incident to the need to issue phytosanitary certificates or and Broadway to its junction with Hicksville Road; then south along compliance agreements in order to move host materials out of the new Hicksville Road to the point it becomes Division Avenue continuing south quarantined area. However, this cost should be minimal and handled by along Division Avenue to its intersection with South Oyster Bay; then east existing staff. along the shoreline to Carll's River, then north along the west shoreline of (b) Costs to local government: None. Carll's River to the point of beginning. (c) Costs to private regulated parties: The extension of the quarantine Paragraph 1 of subdivision (b) of section 139.3 of 1 NYCRR is repealed two square miles in the Old Bethpage and Wyandanch sections of central and a new paragraph 1 of subdivision (b) of section 139.3 of 1 NYCRR is Long Island area would affect approximately 5 regulated parties located added to read as follows: within that area. (1) Firewood (all hardwood species) and all host material living, Nurseries exporting host material from the quarantine area established dead, cut or fallen, inclusive of nursery stock, logs, green lumber, stumps, by this proposed rule, other than pursuant to compliance agreement, will roots, branches and debris of a half inch or more in diameter of the fol- require an inspection and the issuance of a federal or state phytosanitary

2 NYS Register/August 24, 2016 Rule Making Activities certificate. This service is available at a rate of $25 per hour. Most inspec- such inspections each year, with a total cost of less than $1,000. Most tions will take one hour or less. It is anticipated that there would be 25 or shipments would be made pursuant to compliance agreements for which fewer such inspections each year with a total annual cost of less than there is no charge. $1,000. However, most shipments will be made pursuant to compliance Tree removal services will have to chip host material or transport such agreements for which there is no charge. material under a limited permit to a federal/state disposal site for The changes to the list of regulated articles consist of a correction to the processing. spelling of an article; removal of an article (hackberry); and the addition Firewood from hardwood species within the new quarantine area may of an article (goldenrain tree). We do not anticipate any additional costs not move outside those areas due to the fact that it is not practical at this since hackberry is being removed. time to determine for certifications purposes that the material is free from (d) Costs to the regulatory agency: infestation. (i) The initial expenses: None. The United States Department of Although it is not anticipated that local governments will be involved in Agriculture is dedicating 3.05-million dollars in funding for ongoing the shipment of regulated articles from the proposed quarantine area, in surveys and removal of infested trees. the event that they do, they would be subject to the same costs as other (ii) The ongoing expenses: None. It is anticipated that the Department regulated parties, including small businesses. will be able to administer the quarantine with existing staff. The changes to the list of regulated articles consist of a correction to the 5. Local government mandate: spelling of “albizia;” removal of an article (hackberry); and the addition of Yard waste, storm clean-up and normal tree maintenance activities an article (goldenrain tree). We do not anticipate any additional costs since involving twigs and/or branches of 1/2’’ or more in diameter of host spe- one article is being removed. cies will require handling and disposal, i.e., chipping and/or incineration, 5. Economic and technological feasibility. if such materials are to leave the quarantined area established by this The economic and technological feasibility of compliance with the proposed rule. The Department has identified disposal sites that are ap- proposed rule by small businesses and local governments has been ad- proved to accept and properly handle ALB wood waste from local busi- dressed and such compliance has been determined to be feasible. Regulated nesses within the quarantined area. parties shipping host materials from the new quarantine area, other than 6. Paperwork: pursuant to a compliance agreement, will require an inspection and the is- Regulated articles inspected and certified to be free of ALB moving suance of a phytosanitary certificate. Most shipments, however, will be from the quarantine area established by this proposed rule will have to be made pursuant to compliance agreements for which there is no charge. accompanied by a state or federal phytosanitary certificate and a limited 6. Minimizing adverse impact. permit or be undertaken pursuant to a compliance agreement. The Department has designed the proposed rule to minimize adverse 7. Duplication: economic impact on small businesses and local governments. This is done None. by limiting the new quarantine area to the two square miles where the 8. Alternatives: ALB and infested trees have been detected; and by limiting the inspection The only alternative considered was to not extend the quarantine in and permit requirements to only those necessary to detect the presence of central Long Island. This alternative was rejected. The failure of the State the ALB and prevent its movement in host materials from the quarantine to extend the existing quarantine where the ALB and infested trees have area. As set forth in the regulatory impact statement, the proposed rule been observed could result in exterior quarantines by foreign and domestic provides for agreements between the Department and regulated parties trading partners as well as a federal quarantine of the entire State. It could that permit the shipment of regulated articles without state or federal also place the State’s own natural resources (forest, urban and agricul- inspection. These agreements, for which there is no charge, are another tural) at risk from the spread of ALB that could result from the unrestricted way in which the proposed rule was designed to minimize adverse impact. movement of regulated articles from the areas covered by the modified The approaches for minimizing adverse economic impact required by sec- quarantine. In light of these factors there does not appear to be and any vi- tion 202-a(1) of the State Administrative Procedure Act (SAPA) and sug- able alternative to the modification of quarantine proposed in this gested by section 202-b(1) of SAPA were considered. Given all of the rulemaking. facts and circumstances, it is submitted that the proposed rule minimizes 9. Federal standards: adverse economic impact as much as is currently possible. The United States Department of Agriculture currently has a parallel 7. Small business and local government participation. ALB quarantine in central Long Island where the quarantined area is be- The inspectors are informing the businesses they regulate about the ing expanded. proposed expansion and we had a booth set up at the Nassau-Suffolk Land- 10. Compliance schedule: scape Gardeners conference on March 9, 2016. We used that opportunity It is anticipated that regulated parties would be able to comply with the to discuss the expansion with the estimated 500-750 landscapers/arborists proposed rule immediately. who attended this event. Regulatory Flexibility Analysis Rural Area Flexibility Analysis 1. Effect of rule. The proposed rule will not impose any adverse impact or reporting, There are five regulated parties, most of which are small businesses, affected by the extension of the quarantine by two square miles in the East recordkeeping and other compliance requirements on public or private Farmingdale and Wyandanch areas in central Long Island. entities in rural areas. This finding is based upon the fact that the There are 1,040 regulated entities, most of which are small businesses, quarantine areas to which the amendments apply are not situated in “rural affected by the change in the list of regulated articles. areas,” as defined in section 481(7) of the Executive Law. Although it is not anticipated that local governments will be involved in Job Impact Statement the shipment of regulated articles from the proposed quarantined area, in The proposed rule will not have a substantial adverse impact on jobs the event that they do, they would be subject to the same quarantine and employment opportunities. The extension of the existing quarantine requirements as other regulated parties. area two square miles in central Long Island is designed to prevent the fur- 2. Compliance requirements. ther spread of ALB to other parts of the State. A spread of the infestation All regulated parties in the new quarantined area established by the would have very adverse economic consequences to the nursery, forestry, proposed rule will be required to obtain certificates and limited permits in fruit and maple product industries of the State, both from the destruction order to ship regulated articles from that area. In order to facilitate such of the regulated articles upon which these industries depend, and from the shipments, regulated parties may enter into compliance agreements. more restrictive quarantines that could be imposed by the federal govern- 3. Professional services. ment, other states and foreign countries. By helping to prevent the spread In order to comply with the proposed rule, small businesses and local of the ALB, the proposed rule will help to prevent such adverse economic governments shipping regulated articles from the new quarantined area consequences and in so doing, protect the jobs and employment opportuni- will require professional inspection services, which would be provided by ties associated with the State’s nursery, forestry, fruit and maple product the Department and the United States Department of Agriculture (USDA). industries. 4. Compliance costs. The changes to the list of regulated articles consist of a correction to the (a) Initial capital costs that will be incurred by a regulated business or spelling of “albizia;” removal of an article (hackberry); and the addition of industry or local government in order to comply with the proposed rule: an article (goldenrain tree). We do not anticipate any adverse impact on None. jobs since one article is being removed. Forest related activities in New (b) Annual cost for continuing compliance with the proposed rule: York State provide employment for approximately 70,000 people. The Nurseries exporting host material from the new quarantine area on Long forest-based economy generates payrolls of more than $2 billion. Island, other than pursuant to a compliance agreement, will require an As set forth in the regulatory impact statement, the cost of the proposed inspection and the issuance of a federal or state phytosanitary certificate. rule to regulated parties is relatively small and as such, the proposed rule This service is available at a rate of $25 per hour. Most such inspections should not have a substantial adverse impact on jobs and employment will take one hour or less. It is anticipated that there would be 25 or fewer opportunities.

3 Rule Making Activities NYS Register/August 24, 2016

1072 (HIV Testing and HIV related Information): See Part 309 and Part 1070. Office of Alcoholism and 829 (Authorization for Physicians to use Controlled Substances for Treatment of Chemical Dependence): This requirement is no longer Substance Abuse Services required by statute. Section 32.05(b) was amended by Chapter 204 of the Laws of 2007 making the provisions of Part 829 unnecessary and irrelevant. PROPOSED RULE MAKING Job Impact Statement NO HEARING(S) SCHEDULED OASAS is not submitting a Job Impact Statement for this amendment because OASAS does not anticipate a substantial adverse impact on jobs Repeal of Obsolete Rules: General Provisions; HIV-AIDS; and employment opportunities. The proposed rulemaking repeals obsolete rules of the Office and OASAS predecessor Divisions (DAAA and DSAS) Inpatient Programs; Funding for Services; Hearings; provisions of which have either been made unnecessary by changes in Authorizing MDs statute or have been incorporated into existing rules of the Office. I.D. No. ASA-34-16-00001-P

PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedure Act, NOTICE is hereby given of the following proposed rule: Department of Health Proposed Action: This is a consensus rule making to repeal Parts 309, 369, 829, 1000, 1034, 1050, 1070 and 1072 of Title 14 NYCRR. Statutory authority: Mental Hygiene Law, sections 19.07(e), 19.09(b), REVISED RULE MAKING 32.01 and 32.07(a) NO HEARING(S) SCHEDULED Subject: Repeal of obsolete rules: General provisions; HIV-AIDS; Inpatient programs; Funding for services; Hearings; Authorizing MDs. Specialized Programs for Residents with Neurodegenerative Purpose: To repeal obsolete rules of DSAS/DAAA and the Office. Diseases Text of proposed rule: The following Parts of 14 NYCRR are REPEALED: I.D. No. HLT-24-16-00003-RP 309 (Responsibilities of Facilities for Alcoholism in Regard to AIDS, HIV Illness and HIV-Related Information) PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- 369 (Appeals and Hearings) cedure Act, NOTICE is hereby given of the following revised rule: 1000 (General) 1034 (Requirements for the Operation of Inpatient Substance Abuse Proposed Action: Addition of section 415.41 to Title 10 NYCRR. Treatment and Rehabilitation Programs) Statutory authority: Public Health Law, section 2803(2) 1050 (Funding for Substance Abuse Services) Subject: Specialized Programs for Residents with Neurodegenerative 1070 (Services for Persons with HIV Related Conditions) Diseases. 1072 (HIV Testing and HIV related Information) 829 (Authorization for Physicians to use Controlled Substances for Purpose: To establish nursing home specialty units for residents with Treatment of Chemical Dependence) Huntington's Disease (HD) and Amyotrophic Lateral Sclerosis (ALS). Text of proposed rule and any required statements and analyses may be Substance of revised rule: A new section for Part 415 of Title 10 (Health) obtained from: Sara Osborne, Associate Attorney, NYS OASAS, 1450 of the Official Compilation of Codes, Rules and Regulations of the State Western Ave., Albany, NY 12204, (518) 485-2312, email: of New York is proposed, to be designated as section 415.41 and entitled [email protected] “Specialized Programs for Residents with Neurodegenerative Diseases”. (a) General. For purposes of the proposed regulation, “Neurodegenera- Data, views or arguments may be submitted to: Same as above. tive Disease” shall mean Huntington’s disease or Amyotrophic Lateral Public comment will be received until: 45 days after publication of this Sclerosis. “Specialized program” means a discrete unit within a nursing notice. home that offers services and facilities for individuals with Neurodegen- Consensus Rule Making Determination erative Diseases, with the goal of helping them attain or maintain the high- 14 NYCRR Parts 309 and 369 were promulgated by the Division of est practicable level of physical, affective, behavioral and cognitive Alcoholism and Alcohol Abuse (DAAA); Parts 1000, 1034, 1050, 1070 functioning. The program must be located in a nursing unit which is and 1072 were promulgated by the Division of Substance Abuse Services specifically designated for this purpose and physically separate from other (DSAS). The two divisions were consolidated into the Office of Alcohol- facility units. ism and Substance Abuse Services (OASAS). OASAS has since consoli- The proposed regulation also provides that the facility shall make infor- dated most regulations from the previous Divisions and promulgated new mation and data available to assist the Department of Health (department) regulations under the Part 800 series of Title 14. Mental Hygiene Law in evaluating the effectiveness of specialty units and their impact on § 32.05(b) was amended in 2007 making the provisions of Part 829 unnec- outcomes for individuals with Neurodegenerative Diseases. essary and irrelevant. (b) Admission. The proposed regulation requires nursing homes to This rule making is filed as a Consensus rule because its purpose is to develop written admission criteria for specialty units for individuals with repeal obsolete regulations to which no person is likely to object. This Neurodegenerative Diseases. At a minimum, the resident’s medical record proposal has been circulated within the provider community and received must document that the resident has a Neurodegenerative Disease diagno- no objections. The Behavioral Health Services Advisory Council approved sis, cannot appropriately be served and is not safe in a less restrictive set- on May 24, 2016. These repeals continue the process of consolidation. As ting, and can benefit from the care and services available in a specialty follows, these rules have been substantially incorporated into the Part 800 unit. The proposed regulation also provides that a facility shall evaluate series or, due to statutory changes, have become obsolete and may be the effects of its admission criteria on its success in achieving its goals and repealed: objectives for the specialty unit and requires the facility to report its find- 309 (Responsibilities of Facilities for Alcoholism in Regard to AIDS, ings to the department annually thereafter. HIV Illness and HIV-Related Information): Covered by Article 24 of the (c) Assessment and Care Planning. The proposed regulation requires a public health law; substantively incorporated into requirements for all home evaluation with the future resident and his or her family, as appropri- treatment modalities; required by the federal block grant. No need for ad- ate, prior to admission to discuss care needs. The proposed regulation also ditional regulation. requires development of a care plan for each resident, which shall include 369 (Appeals and Hearings): Incorporated into current Part 831. a discharge plan, by an interdisciplinary resident care team. The care plan 1000 (General): Incorporated into current Part 800. must be reviewed and modified at least once a month for the first three 1034 (Requirements for the Operation of Inpatient Substance Abuse months following admission and then quarterly or upon a significant Treatment and Rehabilitation programs). Incorporated into current Parts change in the resident’s condition thereafter. 817, 818, 819 and 816 and 820. (d) Discharge. The proposed regulation requires that a proposed dis- 1050 (Funding for Substance Abuse Services): Covered by Article 25 charge plan must be developed within 30 days of admission for each resi- of the Mental Hygiene law, state finance law, OASAS administrative and dent as part of the overall care plan and shall include input from all profes- fiscal guidelines. No need for additional regulation. sionals caring for the resident, the resident and his or her family, as 1070 (Services for Persons with HIV Related Conditions): See Part appropriate, and any outside agency or resource anticipated to be involved 309. with the resident following discharge. The resident must be discharged to

4 NYS Register/August 24, 2016 Rule Making Activities a less restrictive setting when he or she no longer meets one or more of the Text or summary was published in the June 22, 2016 issue of the Regis- admission criteria for the unit. Additionally, the proposed regulation ter, I.D. No. MTV-25-16-00003-P. provides that a facility shall evaluate the effects of its discharge criteria on Final rule as compared with last published rule: No changes. its success in achieving the goals and objectives for the specialty unit and requires the facility to report its findings to the department annually Text of rule and any required statements and analyses may be obtained thereafter. from: Heidi Bazicki, DMV, 6 Empire State Plaza, Rm. 522A, Albany, NY Nursing homes with specialty units shall have a written agreement with 12228, (518) 474-0871, email: [email protected] a general hospital or hospitals providing for the transfer of residents in Initial Review of Rule need of emergency or acute inpatient care services. Such hospital(s) shall As a rule that does not require a RFA, RAFA or JIS, this rule will be have expertise in caring for individuals with Neurodegenerative Diseases, initially reviewed in the calendar year 2021, which is no later than the 5th except in cases where a general hospital with such expertise is not avail- year after the year in which this rule is being adopted. able within a distance and time considered reasonable by accepted emer- Assessment of Public Comment gency medical standards. In the event of a transfer to any general hospital, the facility must require a member of the specialty unit’s staff to ac- The agency received no public comment. company the resident, if feasible, and must communicate with the hospital and provide any relevant information about the resident at the time of transfer. The resident shall be given priority readmission status to the unit as warranted by his or her condition. Public Service Commission (e) Program/Unit Staffing Requirements. The facility must maintain consistent assignment of direct care staff to residents in the specialty unit. In addition, the proposed regulation requires that a specialty unit shall be managed by a program coordinator and that a physician must be respon- NOTICE OF ADOPTION sible for medical direction of the unit. The proposed regulation also identifies other specific categories of personnel who must be assigned or avail- Collection of Additional Funding Through the SBC able to the specialty unit, including a psychiatrist, a clinical psychologist or licensed clinical social worker, at least one registered professional nurse I.D. No. PSC-07-16-00021-A on each shift, a respiratory therapist, and a therapeutic recreation specialist. Filing Date: 2016-08-03 Revised rule compared with proposed rule: Substantial revisions were Effective Date: 2016-08-03 made in section 415.41(e)(9). Text of revised proposed rule and any required statements and analyses may be obtained from Katherine Ceroalo, DOH, Bureau of House PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Counsel, Reg. Affairs Unit, Room 2438, ESP Tower Building, Albany, cedure Act, NOTICE is hereby given of the following action: NY 12237, (518) 473-7488, email: [email protected] Action taken: On 8/1/16, the PSC adopted an order approving New York Data, views or arguments may be submitted to: Same as above. State Electric and Gas Corporation's (NYSEG) petition to collect an additional $1,651,000 over a 28-month period beginning September 1, 2016 Public comment will be received until: 30 days after publication of this through the System Benefits Charge (SBC). notice. Statutory authority: Public Service Law, sections 5(2), 65(1) and 66(1) Revised Regulatory Impact Statement, Revised Regulatory Flexibility Analysis, Revised Rural Area Flexibility Analysis and Revised Job Subject: Collection of additional funding through the SBC. Impact Statement Purpose: To approve NYSEG's petition to collect additional funding Changes made to the last published rule do not necessitate revision to the through the SBC. previously published Regulatory Impact Statement, Regulatory Flexibility Substance of final rule: The Commission, on August 1, 2016, adopted an Analysis, Rural Area Flexibility Analysis and Job Impact Statement. order approving New York State Electric and Gas Corporation's petition Assessment of Public Comment to collect an additional $1,651,000 over a 28-month period beginning The Department received one comment during the public comment September 1, 2016 through the System Benefits Charge for its Energy Ef- period. ficiency Portfolio Standard programs, subject to the terms and conditions Comment: set forth in the order. Sitrin Medical Rehabilitation Center, located in New Hartford, New Final rule as compared with last published rule: No changes. York, expressed concern about the ability to secure Registered Nurses in Text of rule may be obtained from: John Pitucci, Public Service Commis- their geographical area. They suggested that the staffing requirement for sion, Three Empire State Plaza, Albany, New York 12223, (518) 486- RNs should be to have an RN in the building where the Neurodegenera- 2655, email: [email protected] An IRS employer ID no. or social tive Disease unit is located who will be readily available to the unit. security no. is required from firms or persons to be billed 25 cents per Response: page. Please use tracking number found on last line of notice in requests. The Department believes that this is a valid concern, and the regulatory Assessment of Public Comment language in section 415.41(e)(9) has been revised accordingly. An assessment of public comment is not submitted with this notice because the rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act. Department of Motor Vehicles (07-M-0548SA82) PROPOSED RULE MAKING NOTICE OF ADOPTION NO HEARING(S) SCHEDULED

Points for Railroad Crossing Violations Proposed Revisions to the General Information Section III.8(W) - AMR/AMI Meter Opt-Out I.D. No. MTV-25-16-00003-A Filing No. 767 I.D. No. PSC-34-16-00004-P Filing Date: 2016-08-09 PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Effective Date: 2016-08-24 cedure Act, NOTICE is hereby given of the following proposed rule: Proposed Action: The Commission is considering a proposal by Consoli- PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- dated Edison Company of New York, Inc. to revise the General Informa- cedure Act, NOTICE is hereby given of the following action: tion Section III.8(W) — AMR/AMI Meter Opt-out contained in its sched- Action taken: Amendment of section 131.3 of Title 15 NYCRR. ule for gas service, P.S.C. No. 9—Gas. Statutory authority: Vehicle and Traffic Law, sections 215(a) and Statutory authority: Public Service Law, sections 65 and 66 510(3)(i) Subject: Proposed revisions to the General Information Section III.8(W) - Subject: Points for railroad crossing violations. AMR/AMI Meter Opt-out. Purpose: Increases the points for railroad crossing violations from 3 to 5 Purpose: To consider revisions to AMR/AMI meter opt-out and manual points. meter reading charge provisions.

5 Rule Making Activities NYS Register/August 24, 2016

Substance of proposed rule: The Public Service Commission is consider- Public comment will be received until: 45 days after publication of this ing modifications proposed by Consolidated Edison Company of New notice. York, Inc. (Con Edison or Company) to General Information Section Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural III.8(W) – AMR/AMI Meter Opt-out contained in its gas tariff schedule, Area Flexibility Analysis and Job Impact Statement P.S.C. No. 9 – Gas. On July 29, 2016, Con Edison proposed changes to its Statements and analyses are not submitted with this notice because the Automated Meter Reading (AMR) and Advanced Metering Infrastructure proposed rule is within the definition contained in section 102(2)(a)(ii) of (AMI) meter opt-out provision to extend the availability of AMR/AMI meter opt-out to all residential customers. Currently, the tariff provision is the State Administrative Procedure Act. only applicable to residential customers in one to four family homes. The (14-M-0224SP9) Company also proposes tariff changes to: (1) clarify that the monthly charge per account, at half the charge specified in General Information PROPOSED RULE MAKING Section IV.3.(b) (Special Meter Reading Fees), is applicable to either a NO HEARING(S) SCHEDULED gas or a combined electric and gas account; (2) revise tariff language to indicate that a customer who opts out of AMR/AMI metering may elect to participate in AMI metering in the future; (3) indicate that customers will Community Choice Aggregation (CCA) Data Services be subject to the manual meter reading charge if they refuse installation of I.D. No. PSC-34-16-00006-P an AMR/AMI meter without completing an opt-out form; (4) clarify that the exemption of the meter change-out fee applies to the initial installation of the AMI/AMR meter when the Company did not notify the customer in PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- writing at least 30 days in advance of the AMR/AMI installation; and (5) cedure Act, NOTICE is hereby given of the following proposed rule: revise language to indicate the meter opt-out form will be available Proposed Action: The Commission is considering a proposal filed by electronically. The proposed amendments have an effective date of National Fuel Gas Distribution Corporation to make various changes in November 28, 2016. The Commission may adopt, reject or modify, in the charges, rules and regulations contained in P.S.C. No. 8—Gas. whole or in part, the relief proposed and may resolve related matters. Statutory authority: Public Service Law, sections 5(1)(b), (2), 65(1), (2), Text of proposed rule and any required statements and analyses may be (3), 66(2) and (12) obtained by filing a Document Request Form (F-96) located on our website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Subject: Community Choice Aggregation (CCA) Data Services. Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New Purpose: To consider the implementation of fees for CCA Data Services York 12223-1350, (518) 486-2655, email: [email protected] requested by CCA Administrators. Data, views or arguments may be submitted to: Kathleen H. Burgess, Substance of proposed rule: The Public Service Commission is consider- Secretary, Public Service Commission, 3 Empire State Plaza, Albany, ing a proposal filed by National Fuel Gas Distribution Corporation New York 12223-1350, (518) 474-6530, email: [email protected] (National Fuel) to revise its gas tariff schedule, P.S.C. No. No.8–Gas. Public comment will be received until: 45 days after publication of this National Fuel proposes to implement provisions and tariff fees for Com- notice. munity Choice Aggregation (CCA) Data Services as requested by CCA Administrators pursuant to Commission Order issued April 21, 2016 in Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Case 14-M-0224. The proposed amendment has an effective date of Area Flexibility Analysis and Job Impact Statement December 1, 2016. The Commission may adopt, reject, or modify, in Statements and analyses are not submitted with this notice because the whole or in part, the relief proposed and may resolve related matters. proposed rule is within the definition contained in section 102(2)(a)(ii) of Text of proposed rule and any required statements and analyses may be the State Administrative Procedure Act. obtained by filing a Document Request Form (F-96) located on our (13-G-0031SP5) website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New PROPOSED RULE MAKING York 12223-1350, (518) 486-2655, email: [email protected] NO HEARING(S) SCHEDULED Data, views or arguments may be submitted to: Kathleen H. Burgess, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, Community Choice Aggregation (CCA) Data Services New York 12223-1350, (518) 474-6530, email: [email protected] Public comment will be received until: 45 days after publication of this I.D. No. PSC-34-16-00005-P notice. Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Area Flexibility Analysis and Job Impact Statement cedure Act, NOTICE is hereby given of the following proposed rule: Statements and analyses are not submitted with this notice because the Proposed Action: The Commission is considering a proposal filed by proposed rule is within the definition contained in section 102(2)(a)(ii) of New York State Electric & Gas Corporation to make various changes in the State Administrative Procedure Act. the charges, rules and regulations contained in P.S.C. No. 120 — Electric- (14-M-0224SP8) ity and P.S.C. No. 88—Gas. Statutory authority: Public Service Law, sections 5(1)(b), (2), 65(1), (2), PROPOSED RULE MAKING (3), 66(2) and (12) NO HEARING(S) SCHEDULED Subject: Community Choice Aggregation (CCA) Data Services. Purpose: To consider the implementation of fees for CCA Data Services Proposed Revisions to the General Rule 6.10—AMR/AMI Meter requested by CCA Administrators. Opt-Out Substance of proposed rule: The Public Service Commission is considering a proposal filed by New York State Electric & Gas Corporation I.D. No. PSC-34-16-00007-P (NYSEG) to revise its electric and gas tariff schedules, P.S.C. No. 120 – Electricity and P.S.C. No. 88 – Gas. NYSEG proposes to implement pro- PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- visions and tariff fees for Community Choice Aggregation (CCA) Data cedure Act, NOTICE is hereby given of the following proposed rule: Services as requested by CCA Administrators pursuant to Commission Order issued April 21, 2016 in Case 14-M-0224. The proposed amend- Proposed Action: The Commission is considering a proposal by Consoli- ments have an effective date of December 1, 2016. The Commission may dated Edison Company of New York, Inc. to revise General Rule 6.10— adopt, reject, or modify, in whole or in part, the relief proposed and may AMR/AMI Meter Opt-out contained in its schedule for electric service, resolve related matters. P.S.C. No. 10—Electricity. Text of proposed rule and any required statements and analyses may be Statutory authority: Public Service Law, sections 65 and 66 obtained by filing a Document Request Form (F-96) located on our Subject: Proposed revisions to the General Rule 6.10—AMR/AMI Meter website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Opt-out. Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New Purpose: To consider revisions to AMR/AMI meter opt-out and manual York 12223-1350, (518) 486-2655, email: [email protected] meter reading charge provisions. Data, views or arguments may be submitted to: Kathleen H. Burgess, Substance of proposed rule: The Public Service Commission is consider- Secretary, Public Service Commission, 3 Empire State Plaza, Albany, ing modifications proposed by Consolidated Edison Company of New New York 12223-1350, (518) 474-6530, email: [email protected] York, Inc. (Con Edison or Company) to General Rule 6.10 – AMR/AMI

6 NYS Register/August 24, 2016 Rule Making Activities

Meter Opt-out contained in its electric tariff schedule, P.S.C. No. 10 – Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Electricity. On July 29, 2016, Con Edison proposed changes to its Area Flexibility Analysis and Job Impact Statement Automated Meter Reading (AMR) and Advanced Metering Infrastructure Statements and analyses are not submitted with this notice because the (AMI) meter opt-out provision to extend the availability of AMR/AMI proposed rule is within the definition contained in section 102(2)(a)(ii) of meter opt-out to all residential customers. Currently, the tariff provision is the State Administrative Procedure Act. only applicable to residential customers in one to four family homes. The (14-M-0224SP11) Company also proposes tariff changes to: (1) clarify that the monthly charge per account, at half the charge specified in General Rule 17.1.f PROPOSED RULE MAKING (Special Services at Stipulated Rates), is applicable to either an electric or NO HEARING(S) SCHEDULED a combined electric and gas account; (2) revise tariff language to indicate that a customer who opts out of AMR/AMI metering may elect to partici- Community Choice Aggregation (CCA) Data Services pate in AMI metering in the future; (3) indicate that customers will be subject to the manual meter reading charge if they refuse installation of an I.D. No. PSC-34-16-00009-P AMR/AMI meter without completing an opt-out form; (4) clarify that the exemption of the meter change-out fee applies to the initial installation of PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- the AMI/AMR meter when the Company did not notify the customer in writing at least 30 days in advance of the AMR/AMI installation; and (5) cedure Act, NOTICE is hereby given of the following proposed rule: revise language to indicate the meter opt-out form will be available Proposed Action: The Commission is considering a proposal filed by electronically. The proposed amendments have an effective date of Rochester Gas and Electric Corporation to make various changes in the November 28, 2016. The Commission may adopt, reject or modify, in charges, rules and regulations contained in P.S.C. No. 19—Electricity and whole or in part, the relief proposed and may resolve related matters. P.S.C. No. 16—Gas. Text of proposed rule and any required statements and analyses may be Statutory authority: Public Service Law, sections 5(1)(b), (2), 65(1), (2), obtained by filing a Document Request Form (F-96) located on our (3), 66(2) and (12) website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Subject: Community Choice Aggregation (CCA) Data Services. Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New Purpose: To consider the implementation of fees for CCA Data Services York 12223-1350, (518) 486-2655, email: [email protected] requested by CCA Administrators. Data, views or arguments may be submitted to: Kathleen H. Burgess, Substance of proposed rule: The Public Service Commission is consider- Secretary, Public Service Commission, 3 Empire State Plaza, Albany, ing a proposal filed by Rochester Gas and Electric Corporation (RG&E) to New York 12223-1350, (518) 474-6530, email: [email protected] revise its electric and gas tariff schedules, P.S.C. No. 19 – Electricity and Public comment will be received until: 45 days after publication of this P.S.C. No. 16 – Gas. RG&E proposes to implement provisions and tariff notice. fees for Community Choice Aggregation (CCA) Data Services as re- Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural quested by CCA Administrators pursuant to Commission Order issued Area Flexibility Analysis and Job Impact Statement April 21, 2016 in Case 14-M-0224. The proposed amendments have an ef- Statements and analyses are not submitted with this notice because the fective date of December 1, 2016. The Commission may adopt, reject, or proposed rule is within the definition contained in section 102(2)(a)(ii) of modify, in whole or in part, the relief proposed and may resolve related the State Administrative Procedure Act. matters. (13-E-0030SP12) Text of proposed rule and any required statements and analyses may be obtained by filing a Document Request Form (F-96) located on our PROPOSED RULE MAKING website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New NO HEARING(S) SCHEDULED York 12223-1350, (518) 486-2655, email: [email protected] Data, views or arguments may be submitted to: Kathleen H. Burgess, Community Choice Aggregation (CCA) Data Services Secretary, Public Service Commission, 3 Empire State Plaza, Albany, I.D. No. PSC-34-16-00008-P New York 12223-1350, (518) 474-6530, email: [email protected] Public comment will be received until: 45 days after publication of this notice. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedure Act, NOTICE is hereby given of the following proposed rule: Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement Proposed Action: The Commission is considering a proposal filed by Statements and analyses are not submitted with this notice because the Orange and Rockland Utilities, Inc. to make various changes in the charges, rules and regulations contained in P.S.C. No. 3—Electricity and proposed rule is within the definition contained in section 102(2)(a)(ii) of P.S.C. No. 4—Gas. the State Administrative Procedure Act. Statutory authority: Public Service Law, sections 5(1)(b), (2), 65(1), (2), (14-M-0224SP12) (3), 66(2) and (12) PROPOSED RULE MAKING Subject: Community Choice Aggregation (CCA) Data Services. Purpose: To consider the implementation of fees for CCA Data Services NO HEARING(S) SCHEDULED requested by CCA Administrators. Community Choice Aggregation (CCA) Data Services Substance of proposed rule: The Public Service Commission is considering a proposal filed by Orange and Rockland Utilities, Inc. (O&R) to revise I.D. No. PSC-34-16-00010-P its electric and gas tariff schedules, P.S.C. No.3–Electricity and P.S.C. No. 4 – Gas. O&R proposes to implement provisions and tariff fees for PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Community Choice Aggregation (CCA) Data Services as requested by CCA Administrators pursuant to Commission Order issued April 21, 2016 cedure Act, NOTICE is hereby given of the following proposed rule: in Case 14-M-0224. The proposed amendments have an effective date of Proposed Action: The Commission is considering a proposal filed by November 28, 2016. The Commission may adopt, reject, or modify, in KeySpan Gas East d/b/a/ Brooklyn Union of L.I. to make various changes whole or in part, the relief proposed and may resolve related matters. in the charges, rules and regulations contained in P.S.C. No. 1—Gas. Text of proposed rule and any required statements and analyses may be Statutory authority: Public Service Law, sections 5(1)(b), (2), 65(1), (2), obtained by filing a Document Request Form (F-96) located on our (3), 66(2) and (12) website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Subject: Community Choice Aggregation (CCA) Data Services. Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New Purpose: To consider the implementation of fees for CCA Data Services York 12223-1350, (518) 486-2655, email: [email protected] requested by CCA Administrators. Data, views or arguments may be submitted to: Kathleen H. Burgess, Substance of proposed rule: The Public Service Commission is consider- Secretary, Public Service Commission, 3 Empire State Plaza, Albany, ing a proposal filed by KeySpan Gas East d/b/a Brooklyn Union of L.I. New York 12223-1350, (518) 474-6530, email: [email protected] (KEDLI) to revise its gas tariff schedule, P.S.C. No. No. 1 – Gas. KEDLI Public comment will be received until: 45 days after publication of this proposes to implement provisions and tariff fees for Community Choice notice. Aggregation (CCA) Data Services as requested by CCA Administrators

7 Rule Making Activities NYS Register/August 24, 2016 pursuant to Commission Order issued April 21, 2016 in Case 14-M-0224. Proposed Action: The Commission is considering a proposal filed by The proposed amendments have an effective date of December 1, 2016. Consolidated Edison Company of New York, Inc. to make various changes The Commission may adopt, reject, or modify, in whole or in part, the in the charges, rules and regulations contained in P.S.C. No. 10 — Electric- relief proposed and may resolve related matters. ity and P.S.C. No. 9 — Gas. Text of proposed rule and any required statements and analyses may be obtained by filing a Document Request Form (F-96) located on our Statutory authority: Public Service Law, sections 5(1)(b), (2), 65(1), (2), website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John (3), 66(2) and (12) Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New Subject: Community Choice Aggregation (CCA) Data Services. York 12223-1350, (518) 486-2655, email: [email protected] Purpose: To consider the implementation of fees for CCA Data Services Data, views or arguments may be submitted to: Kathleen H. Burgess, requested by CCA Administrators. Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 474-6530, email: [email protected] Substance of proposed rule: The Public Service Commission is considering a proposal filed by Consolidated Edison Company of New York, Inc. Public comment will be received until: 45 days after publication of this notice. (Con Edison) to revise its electric and gas tariff schedules, P.S.C. No. 10 – Electricity and P.S.C. No.9–Gas.ConEdison proposes to implement Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural provisions and tariff fees for Community Choice Aggregation (CCA) Data Area Flexibility Analysis and Job Impact Statement Services as requested by CCA Administrators pursuant to Commission Statements and analyses are not submitted with this notice because the Order issued April 21, 2016 in Case 14-M-0224. The proposed amend- proposed rule is within the definition contained in section 102(2)(a)(ii) of ments have an effective date of November 28, 2016. The Commission the State Administrative Procedure Act. may adopt, reject, or modify, in whole or in part, the relief proposed and (14-M-0224SP7) may resolve related matters. Text of proposed rule and any required statements and analyses may be PROPOSED RULE MAKING obtained by filing a Document Request Form (F-96) located on our NO HEARING(S) SCHEDULED website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New Community Choice Aggregation (CCA) Data Services York 12223-1350, (518) 486-2655, email: [email protected] Data, views or arguments may be submitted to: Kathleen H. Burgess, I.D. No. PSC-34-16-00011-P Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 474-6530, email: [email protected] PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Public comment will be received until: 45 days after publication of this cedure Act, NOTICE is hereby given of the following proposed rule: notice. Proposed Action: The Commission is considering a proposal filed by Ni- Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural agara Mohawk Power Corporation d/b/a National Grid to make various Area Flexibility Analysis and Job Impact Statement changes in the charges, rules and regulations contained in P.S.C. No. 220 Statements and analyses are not submitted with this notice because the — Electricity and P.S.C. No. 219 — Gas. proposed rule is within the definition contained in section 102(2)(a)(ii) of Statutory authority: Public Service Law, sections 5(1)(b), (2), 65(1), (2), the State Administrative Procedure Act. (3), 66(2) and (12) (14-M-0224SP6) Subject: Community Choice Aggregation (CCA) Data Services. Purpose: To consider the implementation of fees for CCA Data Services PROPOSED RULE MAKING requested by CCA Administrators. NO HEARING(S) SCHEDULED Substance of proposed rule: The Public Service Commission is considering a proposal filed by Niagara Mohawk Power Corporation d/b/a National Community Choice Aggregation (CCA) Data Services Grid (Niagara Mohawk) to revise its electric and gas tariff schedules, P.S.C. No. 220 – Electricity and P.S.C. No. 219 – Gas. Niagara Mohawk I.D. No. PSC-34-16-00013-P proposes to implement provisions and tariff fees for Community Choice Aggregation (CCA) Data Services as requested by CCA Administrators PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- pursuant to Commission Order issued April 21, 2016 in Case 14-M-0224. cedure Act, NOTICE is hereby given of the following proposed rule: The proposed amendments have an effective date of December 1, 2016. Proposed Action: The Commission is considering a proposal filed by The Commission may adopt, reject, or modify, in whole or in part, the Central Hudson Gas & Electric Corporation to make various changes in relief proposed and may resolve related matters. the charges, rules and regulations contained in P.S.C. No. 15 — Electric- Text of proposed rule and any required statements and analyses may be ity and P.S.C. No. 12 — Gas. obtained by filing a Document Request Form (F-96) located on our Statutory authority: Public Service Law, sections 5(1)(b), (2), 65(1), (2), website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John (3), 66(2) and (12) Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486-2655, email: [email protected] Subject: Community Choice Aggregation (CCA) Data Services. Data, views or arguments may be submitted to: Kathleen H. Burgess, Purpose: To consider the implementation of fees for CCA Data Services Secretary, Public Service Commission, 3 Empire State Plaza, Albany, requested by CCA Administrators. New York 12223-1350, (518) 474-6530, email: [email protected] Substance of proposed rule: The Public Service Commission is consider- Public comment will be received until: 45 days after publication of this ing a proposal filed by Central Hudson Gas & Electric Corporation notice. (Central Hudson) to revise its electric and gas tariff schedules, P.S.C. No. 15 – Electricity and P.S.C. No. 12 – Gas. Central Hudson proposes to Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural implement provisions and tariff fees for Community Choice Aggregation Area Flexibility Analysis and Job Impact Statement (CCA) Data Services as requested by CCA Administrators pursuant to Statements and analyses are not submitted with this notice because the Commission Order issued April 21, 2016 in Case 14-M-0224. The proposed rule is within the definition contained in section 102(2)(a)(ii) of proposed amendments have an effective date of January 1, 2017. The the State Administrative Procedure Act. Commission may adopt, reject, or modify, in whole or in part, the relief (14-M-0224SP10) proposed and may resolve related matters. Text of proposed rule and any required statements and analyses may be PROPOSED RULE MAKING obtained by filing a Document Request Form (F-96) located on our NO HEARING(S) SCHEDULED website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New Community Choice Aggregation (CCA) Data Services York 12223-1350, (518) 486-2655, email: [email protected] Data, views or arguments may be submitted to: Kathleen H. Burgess, I.D. No. PSC-34-16-00012-P Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 474-6530, email: [email protected] PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Public comment will be received until: 45 days after publication of this cedure Act, NOTICE is hereby given of the following proposed rule: notice.

8 NYS Register/August 24, 2016 Rule Making Activities

Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Text of proposed rule and any required statements and analyses may be Area Flexibility Analysis and Job Impact Statement obtained by filing a Document Request Form (F-96) located on our Statements and analyses are not submitted with this notice because the website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John proposed rule is within the definition contained in section 102(2)(a)(ii) of Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New the State Administrative Procedure Act. York 12223-1350, (518) 486-2655, email: [email protected] (14-M-0224SP5) Data, views or arguments may be submitted to: Kathleen H. Burgess, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, PROPOSED RULE MAKING New York 12223-1350, (518) 474-6530, email: [email protected] Public comment will be received until: 45 days after publication of this NO HEARING(S) SCHEDULED notice. Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Petition to Submeter Electricity Area Flexibility Analysis and Job Impact Statement I.D. No. PSC-34-16-00014-P Statements and analyses are not submitted with this notice because the proposed rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedure Act, NOTICE is hereby given of the following proposed rule: (14-M-0224SP13) Proposed Action: The Public Service Commission is considering the peti- PROPOSED RULE MAKING tion, filed by Elmo Homes, Inc., to submeter electricity at 728 41st Street, Brooklyn, New York. NO HEARING(S) SCHEDULED Statutory authority: Public Service Law, sections 2, 4(1), 30, 32-48, 52, 53, 65(1), 66(1), (2), (3), (4), (12) and (14) Notice of Intent to Submeter Electricity Subject: Petition to submeter electricity. I.D. No. PSC-34-16-00016-P Purpose: To consider the petition of Elmo Homes, Inc. to submeter electricity at 728 41st Street, Brooklyn, New York. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Substance of proposed rule: The Commission is considering the Petition, cedure Act, NOTICE is hereby given of the following proposed rule: filed by Elmo Homes, Inc. on July 19, 2016, to submeter electricity at 728 Proposed Action: The Public Service Commission is considering the No- 41st Street, Brooklyn, New York, located in the service territory of tice of Intent, filed by Snowplow LH LLC, to submeter electricity at 252 Consolidated Edison Company of New York, Inc. The Commission may East 57th Street, New York, New York. adopt, reject or modify, in whole or in part, the relief proposed and may resolve related matters. Statutory authority: Public Service Law, sections 2, 4(1), 30, 32-48, 52, 53, 65(1), 66(1), (2), (3), (4), (12) and (14) Text of proposed rule and any required statements and analyses may be obtained by filing a Document Request Form (F-96) located on our Subject: Notice of Intent to submeter electricity. website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Purpose: To consider the Notice of Intent of Snowplow LH LLC to Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New submeter electricity at 252 East 57th Street, New York, NY. York 12223-1350, (518) 486-2655, email: [email protected] Substance of proposed rule: The Commission is considering the Notice Data, views or arguments may be submitted to: Kathleen H. Burgess, of Intent, filed by Snowplow LH LLC on June 27, 2016, to submeter Secretary, Public Service Commission, 3 Empire State Plaza, Albany, electricity at 252 East 57th Street, New York, New York, located in the New York 12223-1350, (518) 474-6530, email: [email protected] service territory of Consolidated Edison Company of New York, Inc. The Public comment will be received until: 45 days after publication of this Commission may adopt, reject or modify, in whole or in part, the relief notice. proposed and may resolve related matters. Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Text of proposed rule and any required statements and analyses may be Area Flexibility Analysis and Job Impact Statement obtained by filing a Document Request Form (F-96) located on our website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Statements and analyses are not submitted with this notice because the Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New proposed rule is within the definition contained in section 102(2)(a)(ii) of York 12223-1350, (518) 486-2655, email: [email protected] the State Administrative Procedure Act. Data, views or arguments may be submitted to: Kathleen H. Burgess, (16-E-0403SP1) Secretary, Public Service Commission, 3 Empire State Plaza, Albany, PROPOSED RULE MAKING New York 12223-1350, (518) 474-6530, email: [email protected] Public comment will be received until: 45 days after publication of this NO HEARING(S) SCHEDULED notice. Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Community Choice Aggregation (CCA) Data Services Area Flexibility Analysis and Job Impact Statement I.D. No. PSC-34-16-00015-P Statements and analyses are not submitted with this notice because the proposed rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedure Act, NOTICE is hereby given of the following proposed rule: (16-E-0385SP1) Proposed Action: The Commission is considering a proposal filed by The PROPOSED RULE MAKING Brooklyn Union Gas Company d/b/a National Grid NY to make various changes in the charges, rules and regulations contained in P.S.C. No. 12 NO HEARING(S) SCHEDULED — Gas. Statutory authority: Public Service Law, sections 5(1)(b), (2), 65(1), (2), Notice of Intent to Submeter Electricity (3), 66(2) and (12) I.D. No. PSC-34-16-00017-P Subject: Community Choice Aggregation (CCA) Data Services. Purpose: To consider the implementation of fees for CCA Data Services PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- requested by CCA Administrators. cedure Act, NOTICE is hereby given of the following proposed rule: Substance of proposed rule: The Public Service Commission is consider- Proposed Action: The Public Service Commission is considering the No- ing a proposal filed by The Brooklyn Union Gas Company d/b/a National tice of Intent, filed by 212 Fifth Avenue Venture LLC, to submeter Grid NY (KEDNY) to revise its gas tariff schedule, P.S.C. No. 12 – Gas. electricity at 212 Fifth Avenue, New York, New York. KEDNY proposes to implement provisions and tariff fees for Community Choice Aggregation (CCA) Data Services as requested by CCA Adminis- Statutory authority: Public Service Law, sections 2, 4(1), 30, 32-48, 52, trators pursuant to Commission Order issued April 21, 2016 in Case 14- 53, 65(1), 66(1), (2), (3), (4), (12) and (14) M-0224. The proposed amendment has an effective date of December 1, Subject: Notice of Intent to submeter electricity. 2016. The Commission may adopt, reject, or modify, in whole or in part, Purpose: To consider the Notice of Intent of 212 Fifth Avenue Venture the relief proposed and may resolve related matters. LLC to submeter electricity at 212 Fifth Avenue, New York, NY.

9 Rule Making Activities NYS Register/August 24, 2016

Substance of proposed rule: The Commission is considering the Notice Proposed Action: The Commission is considering a proposal filed by of Intent, filed by 212 Fifth Avenue Venture LLC on July 20, 2016, to New York State Electric & Gas Corporation to implement a standby reli- submeter electricity at 212 Fifth Avenue, New York, New York, located ability credit and an offset tariff provision in its electric tariff schedule, in the service territory of Consolidated Edison Company of New York, P.S.C. No. 120. Inc. The Commission may adopt, reject or modify, in whole or in part, the Statutory authority: Public Service Law, section 66(12) relief proposed and may resolve related matters. Subject: Standby Service. Text of proposed rule and any required statements and analyses may be obtained by filing a Document Request Form (F-96) located on our Purpose: To consider the implementation of a standby reliability credit website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John and an offset tariff provision. Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New Substance of proposed rule: The Public Service Commission is consider- York 12223-1350, (518) 486-2655, email: [email protected] ing a proposal filed by New York State Electric & Gas Corporation (NYSEG) to revise Service Classification No. 11 – Standby Service in its Data, views or arguments may be submitted to: Kathleen H. Burgess, electric tariff schedule, P.S.C. No. 120 – Electricity. NYSEG proposes to Secretary, Public Service Commission, 3 Empire State Plaza, Albany, implement a standby reliability credit and an offset tariff provision pursu- New York 12223-1350, (518) 474-6530, email: [email protected] ant to Commission Order issued May 19, 2016 in Case 14-M-0101. The Public comment will be received until: 45 days after publication of this proposed amendments have an effective date of December 1, 2016. The notice. Commission may adopt, reject, or modify, in whole or in part, the relief Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural proposed and may resolve related matters. Area Flexibility Analysis and Job Impact Statement Text of proposed rule and any required statements and analyses may be Statements and analyses are not submitted with this notice because the obtained by filing a Document Request Form (F-96) located on our proposed rule is within the definition contained in section 102(2)(a)(ii) of website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John the State Administrative Procedure Act. Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New (16-E-0404SP1) York 12223-1350, (518) 486-2655, email: [email protected] Data, views or arguments may be submitted to: Kathleen H. Burgess, PROPOSED RULE MAKING Secretary, Public Service Commission, 3 Empire State Plaza, Albany, NO HEARING(S) SCHEDULED New York 12223-1350, (518) 474-6530, email: [email protected] Public comment will be received until: 45 days after publication of this Standby Service notice. Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural I.D. No. PSC-34-16-00018-P Area Flexibility Analysis and Job Impact Statement Statements and analyses are not submitted with this notice because the PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- proposed rule is within the definition contained in section 102(2)(a)(ii) of cedure Act, NOTICE is hereby given of the following proposed rule: the State Administrative Procedure Act. Proposed Action: The Commission is considering a proposal filed by (16-M-0430SP2) Central Hudson Gas & Electric Corporation to implement a standby reliability credit and an offset tariff provision in its electric tariff schedule, PROPOSED RULE MAKING P.S.C. No. 15. NO HEARING(S) SCHEDULED Statutory authority: Public Service Law, section 66(12) Subject: Standby Service. Standby Service Purpose: To consider the implementation of a standby reliability credit I.D. No. PSC-34-16-00020-P and an offset tariff provision. Substance of proposed rule: The Public Service Commission is considering a proposal filed by Central Hudson Gas & Electric Corporation PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- (Central Hudson) to revise Service Classification No. 14 – Standby Ser- cedure Act, NOTICE is hereby given of the following proposed rule: vice in its electric tariff schedule, P.S.C. No. 15 – Electricity. Central Proposed Action: The Commission is considering a proposal filed by Ni- Hudson proposes to implement a standby reliability credit and an offset agara Mohawk Power Corporation d/b/a National Grid to implement a tariff provision pursuant to Commission Order issued May 19, 2016 in standby reliability credit and an offset tariff provision in its electric tariff Case 14-M-0101. The proposed amendments have an effective date of schedule, P.S.C. No. 220. January 1, 2017. The Commission may adopt, reject, or modify, in whole Statutory authority: Public Service Law, section 66(12) or in part, the relief proposed and may resolve related matters. Subject: Standby Service. Text of proposed rule and any required statements and analyses may be Purpose: To consider the implementation of a standby reliability credit obtained by filing a Document Request Form (F-96) located on our and an offset tariff provision. website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New Substance of proposed rule: The Public Service Commission is consider- York 12223-1350, (518) 486-2655, email: [email protected] ing a proposal filed by Niagara Mohawk Power Corporation d/b/a National Grid (NMPC) to revise Service Classification No. 7 – Standby Service in Data, views or arguments may be submitted to: Kathleen H. Burgess, its electric tariff schedule, P.S.C. No. 220 – Electricity. NMPC proposes Secretary, Public Service Commission, 3 Empire State Plaza, Albany, to implement a standby reliability credit and an offset tariff provision pur- New York 12223-1350, (518) 474-6530, email: [email protected] suant to Commission Order issued May 19, 2016 in Case 14-M-0101. The Public comment will be received until: 45 days after publication of this proposed amendments have an effective date of December 1, 2016. The notice. Commission may adopt, reject, or modify, in whole or in part, the relief Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural proposed and may resolve related matters. Area Flexibility Analysis and Job Impact Statement Text of proposed rule and any required statements and analyses may be Statements and analyses are not submitted with this notice because the obtained by filing a Document Request Form (F-96) located on our proposed rule is within the definition contained in section 102(2)(a)(ii) of website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John the State Administrative Procedure Act. Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New (16-M-0430SP1) York 12223-1350, (518) 486-2655, email: [email protected] Data, views or arguments may be submitted to: Kathleen H. Burgess, PROPOSED RULE MAKING Secretary, Public Service Commission, 3 Empire State Plaza, Albany, NO HEARING(S) SCHEDULED New York 12223-1350, (518) 474-6530, email: [email protected] Public comment will be received until: 45 days after publication of this Standby Service notice. Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural I.D. No. PSC-34-16-00019-P Area Flexibility Analysis and Job Impact Statement Statements and analyses are not submitted with this notice because the PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- proposed rule is within the definition contained in section 102(2)(a)(ii) of cedure Act, NOTICE is hereby given of the following proposed rule: the State Administrative Procedure Act.

10 NYS Register/August 24, 2016 Rule Making Activities

(16-M-0430SP3) Data, views or arguments may be submitted to: Kathleen H. Burgess, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, PROPOSED RULE MAKING New York 12223-1350, (518) 474-6530, email: [email protected] NO HEARING(S) SCHEDULED Public comment will be received until: 45 days after publication of this notice. Standby Service Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural I.D. No. PSC-34-16-00021-P Area Flexibility Analysis and Job Impact Statement Statements and analyses are not submitted with this notice because the PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- proposed rule is within the definition contained in section 102(2)(a)(ii) of cedure Act, NOTICE is hereby given of the following proposed rule: the State Administrative Procedure Act. Proposed Action: The Commission is considering a proposal filed by (16-M-0430SP4) Rochester Gas and Electric Corporation to implement a standby reliability credit and an offset tariff provision in its electric tariff schedule, P.S.C. No. 19. Statutory authority: Public Service Law, section 66(12) Department of Taxation and Subject: Standby Service. Purpose: To consider the implementation of a standby reliability credit Finance and an offset tariff provision. Substance of proposed rule: The Public Service Commission is considering a proposal filed by Rochester Gas and Electric Corporation (RG&E) to revise Service Classification No. 14 – Standby Service in its electric tariff NOTICE OF ADOPTION schedule, P.S.C. No. 19 – Electricity. RG&E proposes to implement a standby reliability credit and an offset tariff provision pursuant to Com- Fuel Use Tax on Motor Fuel and Diesel Motor Fuel and the Art. mission Order issued May 19, 2016 in Case 14-M-0101. The proposed 13-A Carrier Tax Jointly Administered Therewith amendments have an effective date of December 1, 2016. The Commis- sion may adopt, reject, or modify, in whole or in part, the relief proposed I.D. No. TAF-23-16-00003-A and may resolve related matters. Filing No. 768 Text of proposed rule and any required statements and analyses may be obtained by filing a Document Request Form (F-96) located on our Filing Date: 2016-08-09 website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Effective Date: 2016-08-09 Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486-2655, email: [email protected] PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Data, views or arguments may be submitted to: Kathleen H. Burgess, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, cedure Act, NOTICE is hereby given of the following action: New York 12223-1350, (518) 474-6530, email: [email protected] Action taken: Amendment of section 492.1(b)(1) of Title 20 NYCRR. Public comment will be received until: 45 days after publication of this Statutory authority: Tax Law, sections 171, subd. First, 301-h(c), 509(7), notice. 523(b) and 528(a) Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Subject: Fuel use tax on motor fuel and diesel motor fuel and the art. 13-A Area Flexibility Analysis and Job Impact Statement carrier tax jointly administered therewith. Statements and analyses are not submitted with this notice because the Purpose: To set the sales tax component and the composite rate per gallon proposed rule is within the definition contained in section 102(2)(a)(ii) of for the period July 1, 2016 through September 30, 2016. the State Administrative Procedure Act. Text or summary was published in the June 8, 2016 issue of the Register, (16-M-0430SP5) I.D. No. TAF-23-16-00003-P. PROPOSED RULE MAKING Final rule as compared with last published rule: No changes. Text of rule and any required statements and analyses may be obtained NO HEARING(S) SCHEDULED from: Kathleen D. O'Connell, Tax Regulations Specialist, Department of Taxation and Finance, Office of Counsel, Building 9, W.A. Harriman Standby Service Campus, Albany, NY 12227, (518) 530-4153, email: [email protected] I.D. No. PSC-34-16-00022-P Assessment of Public Comment An assessment of public comment is not submitted with this notice because PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- the rule is within the definition contained in section 102(2)(a)(ii) of the cedure Act, NOTICE is hereby given of the following proposed rule: State Administrative Procedure Act. Proposed Action: The Commission is considering a proposal filed by Orange and Rockland Utilities, Inc. to implement a standby reliability PROPOSED RULE MAKING credit and an offset tariff provision in its electric tariff schedule, P.S.C. NO HEARING(S) SCHEDULED No. 3. Statutory authority: Public Service Law, section 66(12) Fuel Use Tax on Motor Fuel and Diesel Motor Fuel and the Art. Subject: Standby Service. 13-A Carrier Tax Jointly Administered Therewith Purpose: To consider the implementation of a standby reliability credit and an offset tariff provision. I.D. No. TAF-34-16-00023-P Substance of proposed rule: The Public Service Commission is considering a proposal filed by Orange and Rockland Utilities, Inc. (O&R) to revise PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Service Classification No. 25 – Standby Service in its electric tariff sched- cedure Act, NOTICE is hereby given of the following proposed rule: ule, P.S.C. No. 3 – Electricity. O&R proposes to implement a standby reli- Proposed Action: Amendment of section 492.1(b)(1) of Title 20 NYCRR. ability credit and an offset tariff provision pursuant to Commission Order Statutory authority: Tax Law, sections 171, subd. First, 301-h(c), 509(7), issued May 19, 2016 in Case 14-M-0101. The proposed amendments have 523(b) and 528(a) an effective date of December 1, 2016. The Commission may adopt, reject, or modify, in whole or in part, the relief proposed and may resolve related Subject: Fuel use tax on motor fuel and diesel motor fuel and the art. 13-A matters. carrier tax jointly administered therewith. Text of proposed rule and any required statements and analyses may be Purpose: To set the sales tax component and the composite rate per gallon obtained by filing a Document Request Form (F-96) located on our for the period October 1, 2016 through December 31, 2016. website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Text of proposed rule: Section 1. Paragraph (1) of subdivision (b) of sec- Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New tion 492.1 of such regulations is amended by adding a new subparagraph York 12223-1350, (518) 486-2655, email: [email protected] (lxxxiv) to read as follows:

11 Rule Making Activities NYS Register/August 24, 2016

Motor Fuel Diesel Motor Fuel Sales Tax Composite Aggregate Sales Tax Composite Aggregate Component Rate Rate Component Rate Rate (lxxxiii) July-September 2016 13.6 21.6 38.6 14.5 22.5 37.75 (lxxxiv) October-December 2016 14.1 22.1 39.1 15.0 23.0 38.25

Text of proposed rule and any required statements and analyses may be obtained from: Kathleen D. O'Connell, Tax Regulations Specialist, Department of Taxation and Finance, Office of Counsel, Building 9, W.A. Harriman Campus, Albany, NY 12227, (518) 530-4153, email: [email protected] Data, views or arguments may be submitted to: Same as above. Public comment will be received until: 45 days after publication of this notice. Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement Statements and analyses are not submitted with this notice because the proposed rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act.

12 NYS Register/August 24, 2016 Rule Making Activities

HEARINGS SCHEDULED FOR PROPOSED RULE MAKINGS Agency I.D. No. Subject Matter Location—Date—Time Environmental Conservation, Department of ENV-31-16-00003-P...... Waste fuels Department of Environmental Conservation, 625 Broadway, Public Assembly Rm. 129A/B, Albany, NY—Sept. 30, 2016, 1:00 p.m. Public Service Commission PSC-28-16-00015-P ...... Major water rate filing Department of Public Service, Three Empire State Plaza, 3rd Fl. Hearing Rm., Albany, NY—Oct. 13, 2016, 10:30 a.m., and continuing daily as needed. (Evidentiary Hearing)* *On occasion, there are requests to reschedule or postpone evidentiary hearing dates. If such a request is granted, notification of any subsequent scheduling changes will be available at the DPS website (www.dps.ny.gov) under Case 16-W-0259. PSC-32-16-00005-P ...... Major gas rate filing Department of Public Service, Agency Bldg. 3, 3rd Fl. Hearing Rm., Albany, NY—Oct. 5, 2016, 10:00 a.m., and daily on succeeding business days as needed. (Evidentiary Hearing)* *On occasion, there are requests to reschedule or postpone evidentiary hearing dates. If such a request is granted, notification of any subsequent scheduling changes will be available at the DPS website (www.dps.ny.gov) under Case 16-G-0257.

NYS Register/August 24, 2016 Action Pending Index

ACTION PENDING INDEX

The action pending index is a list of all proposed rules which are in the action pending index, use the identification number to currently being considered for adoption. A proposed rule is locate the text of the original notice of proposed rule making. added to the index when the notice of proposed rule making is The identification number contains a code which identifies the first published in the Register. A proposed rule is removed from agency, the issue of the Register in which the notice was printed, the index when any of the following occur: (1) the proposal is the year in which the notice was printed and the notice's serial adopted as a permanent rule; (2) the proposal is rejected and number. The following diagram shows how to read identification withdrawn from consideration; or (3) the proposal's notice number codes. expires. Most notices expire in approximately 12 months if the agency Agency Issue Year Serial Action does not adopt or reject the proposal within that time. The expiration date is printed in the second column of the action code number published number Code pending index. Some notices, however, never expire. Those no- AAM 01 12 00001 P tices are identified by the word “exempt” in the second column. Actions pending for one year or more are preceded by an Action codes: P — proposed rule making; EP — emergency and asterisk(*). proposed rule making (expiration date refers to proposed rule); For additional information concerning any of the proposals listed RP — revised rule making

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

ADIRONDACK PARK AGENCY

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

AGRICULTURE AND MARKETS, DEPARTMENT OF

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

AAM-25-16-00006-EP ...... 06/22/17 Species of ash trees, parts thereof and To expand and combine the 14 existing products and debris therefrom which are at restricted zones where EAB infestations exist. risk for infestation by the emerald ash borer.

AAM-34-16-00002-P ...... 08/24/17 Gasoline and gasoline alcohol blends To allow for gasoline alcohol blends that contain up to fifteen percent alcohol

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

ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, OFFICE OF

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

ATHLETIC COMMISSION, NEW YORK STATE

ATH-28-16-00018-P ...... 07/13/17 Conduct and regulation of authorized To implement the provisions of ch. 32 of the combative sports Laws of 2016, effective September 1, 2016, authorizing certain combative sports

CHILDREN AND FAMILY SERVICES, OFFICE OF

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

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

CHILDREN AND FAMILY SERVICES, OFFICE OF CFS-24-16-00001-P ...... 06/15/17 Child care for children experiencing To reduce barriers for children experiencing homelessness. homelessness to receive child care assistance and to attend child care.

CFS-30-16-00001-EP ...... 07/27/17 Child Day Care Safety Enforcement and Amends child day care safety regulations and Administrative Hearing Regulations administrative hearing regulations pertaining to child day care safety enforcement

CIVIL SERVICE, DEPARTMENT OF

CVS-34-15-00007-P ...... 08/25/16 Jurisdictional Classification To classify a position in the exempt class and to classify a position in the non-competitive class

CVS-34-15-00009-P ...... 08/25/16 Jurisdictional Classification To delete positions from and classify positions in the non-competitive class

CVS-34-15-00010-P ...... 08/25/16 Jurisdictional Classification To classify a position in the non-competitive class

CVS-34-15-00012-P ...... 08/25/16 Jurisdictional Classification To delete positions from and classify positions in the exempt class

CVS-36-15-00001-P ...... 09/08/16 Jurisdictional Classification To classify a position in the non-competitive class

CVS-36-15-00006-P ...... 09/08/16 Jurisdictional Classification To classify a position in the non-competitive class

CVS-36-15-00007-P ...... 09/08/16 Jurisdictional Classification To classify a position in the non-competitive class

CVS-36-15-00016-P ...... 09/08/16 Jurisdictional Classification To delete positions from and classify positions in the non-competitive class

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

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

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

CVS-44-15-00011-P ...... 11/03/16 Jurisdictional Classification To delete a position from and classify positions in the exempt class

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

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

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

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

CVS-45-15-00003-P ...... 11/09/16 Jurisdictional Classification To classify positions in the exempt class

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

CIVIL SERVICE, DEPARTMENT OF CVS-45-15-00004-P ...... 11/09/16 Jurisdictional Classification To classify a position in the exempt class

CVS-45-15-00005-P ...... 11/09/16 Jurisdictional Classification To classify a position in the exempt class

CVS-45-15-00006-P ...... 11/09/16 Jurisdictional Classification To classify a position in the non-competitive class

CVS-45-15-00007-P ...... 11/09/16 Jurisdictional Classification To classify positions in the non-competitive class

CVS-51-15-00002-P ...... 12/22/16 JurisdictionalClassification To classify a position in the non-competitive class

CVS-51-15-00003-P ...... 12/22/16 JurisdictionalClassification To classify a position in the exempt class

CVS-02-16-00003-P ...... 01/12/17 Jurisdictional Classification To classify a position in the exempt class

CVS-02-16-00004-P ...... 01/12/17 Jurisdictional Classification To delete positions from and classify positions in the non-competitive class

CVS-02-16-00005-P ...... 01/12/17 Jurisdictional Classification To delete a position from and classify a position in the non-competitive class

CVS-02-16-00006-P ...... 01/12/17 Jurisdictional Classification To delete positions from the non-competitive class

CVS-07-16-00005-P ...... 02/16/17 JurisdictionalClassification To delete positions from and classify positions in the exempt class

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

CVS-07-16-00007-P ...... 02/16/17 JurisdictionalClassification To classify a position in the non-competitive class

CVS-07-16-00008-P ...... 02/16/17 JurisdictionalClassification To classify a position in the non-competitive class

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

CVS-07-16-00010-P ...... 02/16/17 JurisdictionalClassification To delete a position from and to classify a position in the non-competitive class

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

COMMISSIONER OF PILOTS, BOARD OF

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

CORRECTIONS AND COMMUNITY SUPERVISION, DEPARTMENT OF

CCS-35-15-00018-P ...... 09/01/16 Applicability of Title and Definitions Update the Department name and add new definitions

CCS-24-16-00006-P ...... 06/15/17 Department Records Update Department name and address, update who appoints records access officer, and adds Regional Directors as custodians.

CRIMINAL JUSTICE SERVICES, DIVISION OF

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

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

EDUCATION DEPARTMENT

EDU-04-16-00004-RP ...... 02/25/17 Procedures for State-level review of impartial To revise the procedures for appealing impartial hearing officer determinations regarding hearing officer decisions to a State review services for students with disabilities. officer.

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

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

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

EDU-18-16-00004-P ...... 05/04/17 To authorize NY Higher Education Institutions To set forth requirements for authorization of to participate in SARA and approve out-of- NYS higher education institutions to participate state institutions for distance learning in State Authorization Reciprocity Agreement (SARA)

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

EDU-22-16-00008-EP ...... 06/01/17 Licensure of Occupational Therapy Assistants To define the practice of OTAs, establish (OTAs) requirements for licensure, and alter the composition of the State Board

EDU-26-16-00015-EP ...... 06/29/17 Annual Professional Performance Reviews Technical Amendments (APPR) of classroom teachers and building principals

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

EDU-26-16-00017-P ...... 06/29/17 Licensure of Perfusionists To establish licensure requirements for perfusionists, including education, experience and examination

EDU-26-16-00018-P ...... 06/29/17 Regulation of consent orders in disciplinary To remove requirement that the State Board of proceedings in the professions Pharmacy Executive Secretary agree to consent orders for pharmacists/pharmacies

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

EDU-27-16-00003-EP ...... 07/06/17 Annual Professional Performance Reviews To provide hardship Waiver from Independent (APPR) of classroom teachers and building Evaluator Requirement principals

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

EDU-27-16-00005-EP ...... 07/06/17 District-wide school safety plans and building- The purpose of the proposed rule is to level emergency response plans implement the provisions of Part B of Chapter 54 of the Laws of 2016

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

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

ELECTIONS, STATE BOARD OF

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

ENVIRONMENTAL CONSERVATION, DEPARTMENT OF

ENV-34-15-00028-P ...... 08/25/16 Qualifications for License Issuing Agents and To remove regulatory requirements that exclude Wildlife Rehabilitators individuals with felonies from obtaining certain licenses and authorizations

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

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

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

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

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

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

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

ENV-23-16-00001-EP ...... 06/21/17 Peekamoose Valley Riparian Corridor Protect public health, safety and general welfare, as well as the natural resources on the Peekamoose Valley Riparian Corridor

ENV-25-16-00007-P ...... 08/08/17 Low emission vehicle (LEV) III and zero To incorporate revisions to California's LEV III emission vehicle (ZEV) emission standards. and ZEV standards.

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

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

ENV-28-16-00002-EP ...... 07/13/17 Regulationsgoverningtherecreational harvest To reduce recreational black sea bass harvest in of black sea bass New York State

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

FINANCIAL SERVICES, DEPARTMENT OF

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

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

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

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

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

GAMING COMMISSION, NEW YORK STATE

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

SGC-24-16-00007-P ...... 06/15/17 Repeal of obsolete thoroughbred rule giving To preserve the safety and integrity of pari- extra weight allowance for apprentice jockey mutuel racing while generating reasonable riding for “original contract employer’’ revenue for the support of government.

SGC-28-16-00006-P ...... 07/13/17 Criteria and procedures for patron exclusion at To establish criteria and procedures for patron a gaming facility exclusion at a gaming facility

SGC-28-16-00007-P ...... 07/13/17 Definitions of terms used throughout To define terms applicable to Subchapter B, Subchapter B, Casino Gaming Casino Gaming

SGC-28-16-00008-P ...... 07/13/17 Theregulationoftablegameequipment To set forth the physical characteristics, inspection, use, storage and destruction of table game equipment

SGC-28-16-00009-P ...... 07/13/17 Thelicensing and registration of junkets and To govern the licensing and registration of junket enterprises junkets and junket enterprises

SGC-28-16-00010-P ...... 07/13/17 Theregistration of labor organizations To govern the registration of labor organizations

SGC-28-16-00012-P ...... 07/13/17 Theregistration of lobbyists To govern the registration of lobbyists

SGC-32-16-00001-P ...... 08/10/17 Thelicensing and registration of gaming facility To govern the licensing and registration of employees and vendors gaming facility employees and vendors

GENERAL SERVICES, OFFICE OF

GNS-07-16-00013-P ...... 02/16/17 Outdoor lighting standards To provide lighting standards that will help state agencies comply with Public Buildings Law section 143

HEALTH, DEPARTMENT OF

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

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

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

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

HEALTH, DEPARTMENT OF HLT-46-15-00006-P ...... 01/10/17 Early Intervention Program To conform existing program regulations to federal regulations and state statute

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

HLT-06-16-00005-P ...... 02/09/17 Hospice Operational Rules To implement hospice expansion

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

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

HLT-19-16-00008-P ...... 05/11/17 Transgender Related Care and Services To revise and clarify the criteria for Medicaid coverage of transgender related care and services

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

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

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

HIGHER EDUCATION SERVICES CORPORATION

ESC-26-16-00012-P ...... 06/29/17 Tuition awards for part-time undergraduate The purpose of the rule is to conform the students provision regarding income to a recent statutory change

LABOR, DEPARTMENT OF

*LAB-21-15-00009-RP ...... 08/24/16 Methods of Payment of Wages This regulation provides clarification and specification as to the permissible methods of payment, including payroll debit cards

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

LAW, DEPARTMENT OF

LAW-47-15-00007-ERP ...... 11/24/16 Clarification of Protections for Senior and To clarify the Martin Act’s non-purchasing Disabled Tenants During Condominium or tenant protections for eligible senior citizens and Cooperative Ownership Conversions eligible disabled persons

LIQUOR AUTHORITY, STATE

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

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

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

LONG ISLAND POWER AUTHORITY

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

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

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

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

LPA-19-16-00015-P ...... exempt Customer requests for rehearings of LIPA's To transfer certain responsibilities regarding decisions on appeals and shared meter handling of customer petitions to DPS Long determinations Island

LPA-20-16-00001-P ...... exempt Proposed Feed-in Tariffs for new commercial To authorize development of up to 20MW of solar and fuel cell generation new solar generation and 40MW of new fuel cell generation through feed-in tariffs

MENTAL HEALTH, OFFICE OF

OMH-17-16-00010-P ...... 04/27/17 Telepsychiatry Services Establish basic standards to approve telepsychiatry in certain OMH-licensed programs; repeal unnecessary existing provisions

MOTOR VEHICLES, DEPARTMENT OF

MTV-27-16-00001-P ...... 07/06/17 Certified examiners To clarify and strengthen guidelines regarding certified examiners

MTV-27-16-00008-P ...... 07/06/17 Driving schools Makes technical and clarifying amendments to improve consumer rotection & increases Department effeciency

MTV-28-16-00003-P ...... 07/13/17 Feescharged for the Impaired Driving Program To increase the fee for the Impaired Driving course Program course, so that $20 may be directed to curriculum development

NIAGARA FALLS WATER BOARD

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

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

PARKS, RECREATION AND HISTORIC PRESERVATION, OFFICE OF

PKR-28-16-00004-P ...... 07/13/17 Criteria enabling municipal law enforcement To promote local snowmobile enforcement by agencies to receive state aid for snowmobile easing restrictions on state aid eligibility enforcement duties

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

PARKS, RECREATION AND HISTORIC PRESERVATION, OFFICE OF PKR-30-16-00010-P ...... 07/27/17 Updated list of facilities within the jurisdiction To keep accurate the list of facilities within the of the Office of Parks, Recreation and Historic jurisdiction of the Office of Parks, Recreation Preservation and Historic Preservation

PEOPLE WITH DEVELOPMENTAL DISABILITIES, OFFICE FOR

PDD-48-15-00003-P ...... 12/01/16 Agency Name Change and Terminology To update the agency name and other Updates terminology in the Title 14 NYCRR Part 600 series

POWER AUTHORITY OF THE STATE OF NEW YORK

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

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

*PSC-52-11-00017-P ...... exempt Reparations and refunds Reparations and refunds

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

*PSC-01-15-00017-P ...... exempt Reimbursement of costs for construction under To determine proper reimbursement for costs 16 NYCRR 230 related to trenching and construction

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

*PSC-18-15-00004-P ...... exempt National Grid's electric Economic Development To revise the economic development assistance Programs to qualified businesses

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

PSC-35-15-00010-P ...... exempt Notice of Intent to Submeter Electricity To consider the request of 605 West 42nd Owner LLC to submeter electricity at 605 West 42nd Street, New York, New York

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

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

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

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

PSC-39-15-00012-P ...... exempt Petition to submeter electricity To consider the request of 47 East 34th Street (NY), L.P., to submeter electricity at 49 East 34th Street New York, New York

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

PUBLIC SERVICE COMMISSION PSC-40-15-00012-P ...... exempt Establishment of the regulatory regime Consideration of approval of a lightened applicable to an approximately 106 MW regulatory regime for an approximately 106 MW electric generating facility electric generating facility

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

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

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

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

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

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

PSC-42-15-00010-P ...... exempt Petition for modification of Con Edison's S.C. To consider modifications to S.C. No. 4 of Con No. 4 (Back-up/Supplementary) Steam Edison's Schedule for Steam Service. Service.

PSC-42-15-00012-P ...... exempt Establishment of the regulatory regime Consideration of a lightened regulatory regime applicable to a proposed natural gas pipeline for a proposed natural gas pipeline facility. facility.

PSC-42-15-00013-P ...... exempt Annual Reconciliation of Gas Expenses and The filings of various LDCs and municipalities Gas Cost Recoveries. regarding their Annual Reconciliation of Gas Expenses and Gas Cost Recoveries.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

PSC-03-16-00008-P ...... exempt Petition to submeter electricity To consider the request of 910 Fifth Avenue Corporation to submeter electricity at 910 Fifth Avenue, New York, New York

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

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

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

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

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

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

PSC-06-16-00008-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent of 31 Lincoln Road Development LLC to submeter electricity at 31-33 Lincoln Road, Brooklyn, NY.

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

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

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

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

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

PSC-06-16-00015-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent of 31 Lincoln Road Development LLC to submeter electricity at 510 Flatbush Ave., Brooklyn, NY.

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

PSC-07-16-00017-P ...... exempt To modify the retail access program under SC To consider changes to the retail access No. 8 - Seller Services program to implement Tier 2A - Storage Capacity Release and other tariff revisions

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

PSC-07-16-00020-P ...... exempt To modify the retail access program under SC To consider changes to the retail access No. 19 - Seller Transportation Aggregation program to implement Tier 2A – Storage Service Capacity Release and other tariff revisions

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

PSC-13-16-00007-P ...... exempt Notice of Intent to submeter electricity To consider the Notice of Intent to submeter electricity at 131-05, 131-03 and 131-01 40th Road, Flushing, New York

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

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

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

PSC-14-16-00006-P ...... exempt Revisions to S.C. No. 4 Back-Up/ To consider revisions to S.C. No. 4 Back-Up/ Supplementary Service related to contract Supplementary Service related to contract demand. demand.

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

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

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

PUBLIC SERVICE COMMISSION PSC-15-16-00010-P ...... exempt Proposed financial incentives for projects To consider financial incentives for projects undertaken through the Targeted Demand undertaken through the Targeted Demand Management program Management program

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

PSC-15-16-00015-P ...... exempt Notice of Intent to submeter electricity To consider the Notice of Intent of IGI-GGP Renwick LLC to submeter electricity at 15 Renwick Street, New York, New York

PSC-16-16-00004-P ...... exempt Utility Codes of Conduct for affiliate To update and/or modify utility codes of interactions. conduct in anticipation of changes related to evolving Commission policies.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

PSC-21-16-00006-P ...... exempt Petition to submeter electricity To consider the petition of HV Housing, LLC to submeter electricity at 45 Vanderburgh Avenue, Troy, New York

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

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

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

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

PSC-22-16-00012-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent of 20 West 53rd Street, L.L.C. to submeter electricity at 20 West 53 Street, New York, NY.

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

PSC-22-16-00014-P ...... exempt Request for waiver of 16 NYCRR § 96.5(k)(3) To consider the request for waiver of 16 NYCRR and § 96.6(b). § 96.5(k)(3) and 16 NYCRR § 96.6(b)

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

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

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

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

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

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

PSC-23-16-00012-P ...... exempt Area Code Overlay To consider an area code overlay in the current 518 area code

PSC-23-16-00013-P ...... exempt Acquisition of all of the assets of Beaver Dam To consider the acquisition of all assets of Lake Water Corporation Beaver Dam Lake Water Corporation by New York American Water Company Inc.

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

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

PSC-24-16-00010-P ...... exempt Establishment of reliability contingency plan(s) To address reliability needs associated with the to address the potential closure of Indian Point potential closure of the Indian Point Energy Energy Center. Center.

PSC-25-16-00008-P ...... exempt Consideration of the Avangrid Implementation To consider Avangrid's Implementation Plan. Plan and audit recommendations.

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

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

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

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

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

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

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

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

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

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

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

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

PSC-25-16-00020-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent of Gemini Residential, LLC to submeter electricity at 225 East 39th Street, New York, New York.

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

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

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

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

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

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

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

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

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

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

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

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

PSC-27-16-00006-P ...... exempt Continuation of the State Universal Service To consider a proposal to continue the SUSF for Fund. an additional four years, through 12/31/20.

PSC-27-16-00007-P ...... exempt The waiver of a Commission policy on test To consider the waiver of the Commission's 150 years in rate cases. day requirement.

PSC-28-16-00013-P ...... exempt Initial Tariff Schedule which includes rates, To consider the proposed Initial Tariff Schedule charges, rules and regulations for water and initial rate for water service. service.

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

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

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

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

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

PSC-29-16-00019-EP ...... exempt Appointment of a temporary operator. To ensure safe water supply through appointment of a temporary operator.

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

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

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

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

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

PSC-30-16-00002-EP ...... exempt Resuming billing of six gas customers on To allow Reserve Gas Company to resume Sullivan Rd., Alden, NY. billing its six Sullivan Rd. customers.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

ROCHESTER-GENESEE REGIONAL TRANSPORTATION AUTHORITY

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

STATE, DEPARTMENT OF

*DOS-22-15-00017-RP ...... 08/31/16 Facility requirements for businesses which Increase ventilation standards for businesses offer appearance enhancement services which offer appearance enhancement services

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

STATE UNIVERSITY OF NEW YORK

SUN-28-16-00005-P ...... 07/13/17 StateUniversity of New York's Patents and Model best practices in the areas of innovation Inventions Policy & technology transfer & comply with federal law re: intellectual property rights

SUN-30-16-00003-EP ...... 07/27/17 State University of New York Tuition and Fees To amend the Tuition and Fees Schedule to Schedule increase tuition for students in all programs in the State University of New York

SUN-30-16-00004-EP ...... 07/27/17 College tuition and fees and Definition of a To provide flexibility in establishing community nonresident student college tuition rates for students from outside the state

SUN-30-16-00009-P ...... 07/27/17 State basic financial assistance for operating To modify limitations formula for basic State expenses of community colleges under the Financial assistance and conform to the program of SUNY and CUNY Education Law and the 2016-17 Budget Bill

TAXATION AND FINANCE, DEPARTMENT OF

TAF-34-16-00023-P ...... exempt Fuel use tax on motor fuel and diesel motor To set the sales tax component and the fuel and the art. 13-A carrier tax jointly composite rate per gallon for the period October administered therewith 1, 2016 through December 31, 2016

TEMPORARY AND DISABILITY ASSISTANCE, OFFICE OF

*TDA-22-15-00005-RP ...... 08/31/16 Supplemental Nutrition Assistance Program Update regulations for the Transitional Benefits Alternative program

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

TDA-25-16-00002-EP ...... 06/22/17 Emergency shelters To address security measures and incident reporting in shelters for the homeless

TRANSPORTATION, DEPARTMENT OF

TRN-47-15-00002-P ...... 11/24/16 Various regulations addressing accident Updates to regulations addressing accident reporting, record retention, insurance, vehicle reporting, record retention, insurance, vehicle inspection and equipment identification inspection, equipment identification

TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY

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

WORKERS’ COMPENSATION BOARD

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

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

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

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

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

64 SECURITIES OFFERINGS

STATE NOTICES Atlas Fintech Holdings Corp. 301 S. Missouri Ave., Clearwater, FL 33756 Published pursuant to provisions of General Business Law State or country in which incorporated — Delaware [Art. 23-A, § 359-e(2)] Baghdaddy, Limited Liability Company DEALERS; BROKERS c/o Lee Feldshon, Esq., 457 W. 57th St., Suite 815, New York, NY 10019

4th Dimension Theatricals, Limited Liability Company Baltic Street Capital 640, LLC 1925 7th Ave., Suite 1L, New York, NY 10026, attn. Michele Ware c/o NRIA Brooklyn 1, LLC, c/o National Realty Investment Advisors, LLC, 1325 Paterson Plank Rd., 2nd Fl., Secaucus, NJ 07094 12th Street Manager LLC State or country in which incorporated — Delaware limited liability 7545 Irvine Center Dr., Suite 200, Irvine, CA 92618 company State or country in which incorporated — California LLC Banner Northtown Storage, LLC 360 Sports, Inc. 500 Skokie Blvd., Suite 200, Northbrook, IL 60062 244 5th Ave., Suite R260, New York, NY 10001 State or country in which incorporated — Delaware BBH Capital Partners V-2 (Cayman) Butterfield House, 68 Fort St., P.O. Box 2330, George Town, Grand 2517835 Ontario Inc. Cayman, KY1-1106 1221 Avenue of the Americas, 36th Fl., New York, NY 10020 State or country in which incorporated — Canada BBH Capital Partners V-A-1 (Cayman) Butterfield House, 68 Fort St., P.O. Box 2330, George Town, Grand AG Direct Lending Fund II, L.P. Cayman, KY1-1106 c/o Angelo, Gordon & Co., L.P. 245 Park Ave., New York, NY 10167 BBH Wealth Strategies, LLC - Sandton Credit Solutions IV Series Partnership — AG Direct Lending Fund II GP, LLC 140 Broadway, New York, NY 10005

AG Direct Lending Fund II (Unlevered), L.P. BBH Wealth Strategies Unit Trust - Sandton Credit Solutions IV Sub- c/o Angelo, Gordon & Co., L.P. 245 Park Ave., New York, NY 10167 Trust Partnership — AG Direct Lending Fund II GP, LLC Butterfield House, 68 Fort St., P.O. Box 2330, George Town, Grand Cayman, KY1-1106 AG DLI II, L.P. c/o Angelo, Gordon & Co., L.P. 245 Park Ave., New York, NY 10167 Boardman Bay Saas Opportunities, LP Partnership — AG Direct Lending Fund II GP, LLC 1120 Avenue of the Americas, 4th Fl., New York, NY 10036 Partnership — Boardman Bay Saas GP LLC AG DLI II (Unlevered), L.P. c/o Angelo, Gordon & Co., L.P. 245 Park Ave., New York, NY 10167 BR SPAC Opporunity Fund, LP Partnership — AG Direct Lending Fund II GP, LLC 11100 Santa Monica Blvd., Suite 800, Los Angeles, CA 90025 Partnership — BR SPAC Capital Management, LLC Albany Road-1333 Main Investor LLC 10 High St., Suite 700, Boston, MA 02110 Breaker Flagship Fund, LP Partnership — Albany Road-1333 Main Investor Manager LLC 11150 Santa Monica Blvd., Suite 460, Los Angeles, CA 90025 Partnership — Breaker Capital Management, LLC Alfrea Inc. 23 Abington Ct., Mays Landing, NJ 08330 BRG Capital Advisors, LLC State or country in which incorporated — Delaware 100 Cedar St., Wenham, MA 01984 State or country in which incorporated — Delaware American Funds Distributors, Inc. 333 S. Hope St., Los Angeles, CA 90071 Bright Star Investment Fund, LP State or country in which incorporated — Maryland 5233 Commissioners Dr., Jacksonville, FL 32224 Partnership — Bright Star Capital Management, LLC ARCADIS N.V. Gustav Mahlerplein 97-103, 1082 MS, Amsterdam, Netherlands Bronx Brewery, LLC, The State or country in which incorporated — Netherlands 856 E. 136th St., Bronx, NY 10454

65 Securities Offerings NYS Register/August 24, 2016

BSPEAST21LLC Green Place Partners LP 276 Fifth Ave., Suite 402, New York, NY 10001 28 W. 36th St., 3rd Fl., New York, NY 10018 Partnership — Green Place GP LLC Center at Eden Hill, LLC, The 200 Banning St., Suite 330, Dover, DE 19904 GSP Baby Fund, L.P. State or country in which incorporated — Delaware 123 E. 70th St., New York, NY 10021 Partnership — GSP Baby Fund GP, L.P. County Bank Corp. Hannum House, L.P. 83 W. Nepessing St., Lapeer, MI 48446 32 W. Genesse St., Skaneateles, NY 13152 State or country in which incorporated — Michigan Partnership — Hannum House GP, LLC

Crescat Global Macro Fund LP HGGC Affiliate Investors III, L.P. 1560 Broadway, Suite 2270, Denver, CO 80202 1950 University Ave., Suite 350, Palo Alto, CA 94303 Partnership — Crescat Capital LLC Partnership — HGGC Fund III GP, L.P.

Crow Point L/S Portfolio II, L.P. HGGC Associates III, L.P. 25 Recreation Park Dr., Hingham, MA 02043 1950 University Ave., Suite 350, Palo Alto, CA 94303 Partnership — Crow Point Partners, LLC Partnership — HGGC Fund III GP, L.P.

DeGraw St Capital 377, LLC HGGC Fund III, L.P. c/o NRIA Brooklyn 1, LLC, c/o National Realty Investment Advisors, 1950 University Ave., Suite 350, Palo Alto, CA 94303 LLC, 1325 Paterson Plank Rd., 2nd Fl., Secaucus, NJ 07904 Partnership — HGGC Fund III GP, L.P. State or country in which incorporated — Delaware limited liability HGGC Fund III-A, L.P. company 1950 University Ave., Suite 350, Palo Alto, CA 94303 Partnership — HGGC Fund III GP, L.P. DHD Mezzanine Fund I, LLC 120 E. Ave., 3rd Fl., Rochester, NY 14604 HGGC Fund III-B, L.P. State or country in which incorporated — Delaware 1950 University Ave., Suite 350, Palo Alto, CA 94303 Partnership — HGGC Fund III GP, L.P. Eaton Vance Management Two International Place, Boston, MA 02110 HGGC Fund III-C, L.P. State or country in which incorporated — Massachusetts 1950 University Ave., Suite 350, Palo Alto, CA 94303 Partnership — HGGC Fund III GP, L.P. Elson Pointe J-Dek LLC 31100 Solon Rd., Suite 9, Solon, OH 44139 HGGC Fund III-D, L.P. 1950 University Ave., Suite 350, Palo Alto, CA 94303 Enduring Investments LLC Partnership — HGGC Fund III GP, L.P. 12 Ironwood Rd., Morristown, NJ 07960 State or country in which incorporated — Delaware HPC-AMH Investors, LLC 745 Fifth Ave., 7th Fl., New York, NY 10151 ExWorks Capital Fund I-Parallel Vehicle, L.P. 333 W. Wacker Dr., Suite 1620, Chicago, IL 60606 Hudson Housing Tax Credit LXXII LP Partnership — ExWorks Capital Fund I GP, LLC 630 Fifth Ave., 28th Fl., New York, NY 10111 Partnership — Hudson GP LXXII LLC Flux Power Holdings, Inc. 985 Poinsettia Ave., Suite A, Vista, CA 92081 Image Protect, Inc. State or country in which incorporated — Nevada 1401 N. El Camino Real, Suite 203, San Clemente, CA 92672 State or country in which incorporated — Delaware Francisco Partners Agility, L.P. One Letterman Dr., Bldg. C, Suite 410, San Francisco, CA 94129 INCA Latin American Fund, LP Partnership — Francisco Partners Agility GP, L.P. c/o INCA Management, LLC, 8950 SW. 74th Ct., Suite 2101, Miami, FL 33156 Francisco Partners Agility A, L.P. Partnership — INCA Management, LLC One Letterman Dr., Bldg. C, Suite 410, San Francisco, CA 94129 Partnership — Francisco Partners Agility GP, L.P. INCA Latin American Offshore Fund, Ltd. c/o INCA Investments, LLC, 8950 SW. 74th Ct., Suite 2101, Miami, FTRANS Corp. FL 33156 5064 Roswell Rd., #100, Atlanta, GA 30342 State or country in which incorporated — Cayman Islands State or country in which incorporated — Delaware Investment Managers Series Trust GC International Ladder Ltd. 235 W. Galena St., Milwaukee, WI 53212 c/o Maples Corporate Services Limited, P.O. Box 309, Ugland House, State or country in which incorporated — Delaware Grand Cayman KY1-1104, Cayman Islands State or country in which incorporated — Cayman Islands iQ Capital (USA) LLC 400 Madison Ave., Suite 10A, New York, NY 10017 GotChosen, Inc. 12472 Lake Underhill Rd., #397, Orlando, FL 32828 Joseph Gunnar & Co., LLC State or country in which incorporated — Florida 30 Broad St., 11th Fl., New York, NY 10004

66 NYS Register/August 24, 2016 Securities Offerings

JPS Investment Holdings, LLC Revelo Resources Corp. Four Gathering Place, Raleigh, NC 27604 Suite 501 - 543 Granville St., Vancouver, BC V6C 1X8, Canada State or country in which incorporated — North Carolina State or country in which incorporated — Canada

LSF - Youngs Center Investors LLC ROC Asia Pacific Private Equity Fund III B, L.P. 4845 Transit Rd., Depew, NY 14043 c/o Roc Management (Cayman) Limited, Ugland House, P.O. Box State or country in which incorporated — New York 309, George Town, Cayman Islands KY1-1104 Partnership — ROC III GP Limited MDK Cornerstone, LLC 251 Riverside Ave., Westport, CT 06880 ROW Diversified 2X Fund, L.P. 450 Newport Center Dr., Suite 420, Newport Beach, CA 92660 Mergen Capital LP Partnership — ROW Asset Management, LLC 221 River St., 9th Fl., Hoboken, NJ 07030 Partnership — Mergen Capital Management LLC Royale Energy, Inc. (Project 2016-A) 3777 Willow Glen Dr., El Cajon, CA 92019 Midcoast Community Bancorp, Inc. State or country in which incorporated — California 974 Justison St., Wilmington, DE 19801 State or country in which incorporated — Pennsylvania RQM Partners, LP 250 Greenwich St., 46th Fl., Suite 4650, New York, NY 10007 Mizuho Securities USA Inc. Partnership — RQM Investment Group, LLC 320 Park Ave., New York, NY 10022 State or country in which incorporated — Delaware Santander Investment Securities Inc. 45 E. 53rd St., New York, NY 10022 MLG/PF Oasis Co-Investor LLC State or country in which incorporated — Delaware ATTN: Timothy J. Wallen, 13400 Bishops Lane, Suite 270, Brook- field, WI 53005 Shopoff Securities, Inc. State or country in which incorporated — Wisconsin Two Park Plaza, Suite 1120, Irvine, CA 92614 State or country in which incorporated — Delaware Moloney Securities Co., Inc. 13537 Barrett Pkwy. Dr., #300, Ballwin, MO 63021 Silverfern CBH (Cayman), L.P. State or country in which incorporated — Missouri 599 Lexington Ave., 47th Fl., New York, NY 10022 Partnership — Silverfern GenPar CBH, L.P. Mountain Top Advisory Group Arena Holdings LLC 69 Mine Brook Rd., Bernardsville, NJ 07924 Sing Sing Kill Brewery, LLC State or country in which incorporated — New Jersey 75 Spring St., Ossining, NY 10562 State or country in which incorporated — New York Pacific Springboard, LLC 98 San Jacinto Blvd., Suite 2020, Austin, TX 78701-4459 Space Race, LLC 271 Madison Ave., Suite 705, New York, NY 10016 Passco Capital, Inc. 2050 Main St., Suite 650, Irvine, CA 92614 SpringOwl Special Opportunities Fund LP State or country in which incorporated — California c/o SpringOwl Special Opportunities GP LLC, 767 Third Ave., 32nd Fl., New York, NY 10017 PetroBridge Starks #1 Joint Venture Partnership — SpringOwl Special Opportunities GP LLC 17304 Preston Rd., Suite 730, Dallas, TX 75252 Partnership — PetroBridge Energy, LLC, Venture Manager Summit Partners Concentrated Growth L/S Fund Limited 222 Berkeley St., 18th Fl., Boston, MA 02116 Prairie Plant Systems Inc. State or country in which incorporated — Cayman Islands One Plant Technology Rd., Box 19A - RR #5, Saskatoon, Saskatch- Summit Partners Concentrated Growth L/S Fund, L.P. ewan, Canada, S7K 3J8 222 Berkeley St., 18th Fl., Boston, MA 02116 State or country in which incorporated — Canada Partnership — Summit Partners Alydar GP, L.P.

Progressive India Fund Summit Partners Concentrated Growth L/S QP Fund, L.P. 4th Fl., 19 Bank St., Cybercity, Ebene, Mauritius 72201 222 Berkeley St., 18th Fl., Boston, MA 02116 State or country in which incorporated — Mauritius Partnership — Summit Partners Alydar GP, L.P.

PROOF Network, L.P. Summit Partners Sustainable Opportunities L/S Fund Limited 11911 Freedom Dr., Suite 1080, Reston, VA 20190 222 Berkeley St., 18th Fl., Boston, MA 02116 Partnership — PROOF GP, LLC, general partner State or country in which incorporated — Cayman Islands

PROOF Side, L.P. Summit Partners Sustainable Opportunities L/S Fund, L.P. 11911 Freedom Dr., Suite 1080, Reston, VA 20190 222 Berkeley St., 18th Fl., Boston, MA 02116 Partnership — PROOF GP, LLC, general partner Partnership — Summit Partners Alydar GP, L.P.

Q32 Capital Partners, LP Summit Partners Sustainable Opportunities L/S QP Fund, L.P. 300 Delaware Ave., Suite 210-A, Wilmington, DE 19801 222 Berkeley St., 18th Fl., Boston, MA 02116 Partnership — Q32 Capital Management, LLC Partnership — Summit Partners Alydar GP, L.P.

67 Securities Offerings NYS Register/August 24, 2016

TA Power Opportunities Fund I LLC 6628 Bryant Irvin Rd., Suite 151, Fort Worth, TX 76132-4220

Talbert Capital Preferred Income Fund, LP c/o Talbert Capital LLC, 658 10th St., Brooklyn, NY 11215 Partnership — Talbert Capital LLC

Thoma Bravo Executive Fund XII-a, L.P. 300 N. LaSalle St., Suite 4350, Chicago, IL 60654 Partnership — Thoma Bravo Partners XII, L.P.

True Value Company 8600 W. Bryn Mawr Ave., Chicago, IL 60631 State or country in which incorporated — Delaware

WGACA, LLC 155 Van Wagenen Ave., 4th Fl., Jersey City, NJ 07306

WHI Real Estate Partners IV, L.P. 191 N. Wacker Dr., Suite 1500, Chicago, IL 60606 Partnership — WHIREP IV GP LLC

WHI Real Estate Partners IV-B, L.P. 191 N. Wacker Dr., Suite 1500, Chicago, IL 60606 Partnership — WHIREP IV GP LLC

WHI Real Estate Partners IV-PF, L.P. 191 N. Wacker Dr., Suite 1500, Chicago, IL 60606 Partnership — WHIREP IV GP LLC

WHI Real Estate Partners IV-TE, L.P. 191 N. Wacker Dr., Suite 1500, Chicago, IL 60606 Partnership — WHIREP IV GP LLC

68 ADVERTISEMENTS FOR BIDDERS/CONTRACTORS SEALED BIDS The only time prospective bidders will be allowed to visit the job site to take field measurements and examine existing conditions of the project area will be at 8:30 a.m. on August 18, 2016 at Green Haven RENOVATE Correctional Facility, East Gate off Route 216, OGS Field Office, SHU AND LOBBY ELEVATORS Stormville, NY. Prospective bidders are urged to visit the site at this Green Haven Correctional Facility time. Prospective bidders or their representatives attending the pre-bid Stormville, Dutchess County site visit will not be admitted on facility grounds without proper photo identification. Note that parking restrictions and security provisions Sealed bids for Project Nos. 44969-C, 44969-H, 44969-P, 44969-E, will apply and all vehicles will be subject to search. 44969-U, comprising separate contracts for Construction Work, Phone the office of Shannon Landolfa, (845) 831-3111 a minimum HVAC Work, Plumbing Work, Electrical Work and Elevator Work, of 72 hours in advance of the date to provide the names of those who Renovate SHU & Lobby Elevators, Green Haven Correctional Facil- will attend the pre-bid site visit. ity, Route 216, Stormville (Dutchess County), NY, will be received by the Office of General Services (OGS), Design & Construction It is the policy of the State and the Office of General Services to Group (D&C), Division of Contract Management, 35th Fl., Corning encourage meaningful minority- and women-owned business enter- Tower, Empire State Plaza, Albany, NY 12242, on behalf of the prise participation in this project by contractors, subcontractors and Department of Corrections and Community Supervision, until 2:00 suppliers under the Contract, and all bidders are expected to cooperate p.m. on Wednesday, August 31, 2016, when they will be publicly in implementing this policy. OGS hereby establishes an overall goal opened and read. Each bid must be prepared and submitted in accor- of 30% for MWBE participation, 15% for Minority-Owned Business dance with the Instructions to Bidders and must be accompanied by a Enterprises (“MBE”) participation and 15% for Women-Owned Busi- certified check, bank check, or bid bond in the amount of $16,700 for ness Enterprises (“WBE”) participation (based on the current avail- C, $4,800 for H, $600 for P, $21,100 for E and $48,200 for U. ability of qualified MBEs and WBEs) for Construction, Electrical and All successful bidders on a multiple trade project or the successful Elevators. The total contract goal can be obtained by utilizing any bidder with a bid over $200,000 on a single trade project, will be combination of MBE and /or WBE participation for subcontracting required to furnish a Performance Bond and a Labor and Material and supplies acquired under this Contract. Bond in the statutory form of public bonds required by Sections 136 The Office of General Services reserves the right to reject any or all and 137 of the State Finance Law, each for 100% of the amount of the bids. Contract estimated to be between $100,000 and $250,000 for C, between $50,000 and $100,000 for H, under $25,000 for P, and between The Bidding and Contract Documents for this Project are available $250,000 and $500,000 for E and between $1,000,000 and $2,000,000 on compact disc (CD) only, and may be obtained for an $8.00 deposit for U. The requirement for Labor and Material and Performance per set, plus a $2.00 per set shipping and handling fee. Contractors Bonds may be waived on a bid under $200,000 on a single trade and other interested parties can order CD’s on-line through a secure project. web interface available 24 hours a day, 7 days a week. Please use the Pursuant to State Finance Law § 139-j and § 139-k, this solicitation following link at the OGS website for ordering and payment includes and imposes certain restrictions on communications between instructions: http://www.ogs.ny.gov/bu/dc/esb/acquirebid.asp. OGS D&C and a bidder during the procurement process. A bidder is For questions about purchase of bid documents, please send an restricted from making contacts from the earliest notice of intent to e-mail to [email protected], or call 1-877-647-7526. solicit offers through final award and approval of the Procurement For additional information on this project, please use the link below Contract by OGS D&C and Office of the State Comptroller (“restricted and then click on the project number: https://online.ogs.ny.gov/dnc/ period”) to other than designated staff unless it is a contact that is contractorConsultant/esb/ESBPlansAvailableIndex.asp. included among certain statutory exceptions set forth in State Finance Law § 139-j(3)(a). Designated staff are Frank Peris and Carl Ruppert By John D. Lewyckyj, Deputy Director in the Division of Contract Management, telephone (518) 474-0203, OGS - Design & Construction Group fax (518) 473-7862 and John Lewyckyj, Deputy Director, Design & Construction Group, telephone (518) 474-0201, fax (518) 486-1650. OGS D&C employees are also required to obtain certain information PROVIDE when contacted during the restricted period and make a determination SUMMER BOILER of the responsibility of the bidder pursuant to these two statutes. Elmira Correctional Facility Certain findings of non-responsibility can result in rejection for Elmira, Chemung County contract award and in the event of two findings within a 4 year period, the bidder is debarred from obtaining governmental Procurement Sealed bids for Project Nos. 44985-H, 44985-E, comprising sepa- Contracts. Bidders responding to this Advertisement must familiarize rate contracts for HVAC Work and Electrical Work, Provide Summer themselves with the new Legislative and State Finance Law require- Boiler, Power House, Building 28, Elmira Correctional Facility, 1879 ments and will be expected to affirm that they understand and agree to Davis Street, Elmira (Chemung County), NY, will be received by the comply on the bid form. Further information about these requirements Office of General Services (OGS), Design & Construction Group can be found within the project manual or at: http://ogs.ny.gov/ (D&C), Division of Contract Management, 35th Fl., Corning Tower, aboutogs/regulations/defaultAdvisoryCouncil.asp. Empire State Plaza, Albany, NY 12242, on behalf of the Department The substantial completion date for this project is 450 days after the of Corrections and Community Supervision, until 2:00 p.m. on Agreement is approved by the Comptroller. Wednesday, September 14, 2016, when they will be publicly opened

69 Advertisements for Bidders/Contractors NYS Register/August 24, 2016 and read. Each bid must be prepared and submitted in accordance with following link at the OGS website for ordering and payment the Instructions to Bidders and must be accompanied by a certified instructions: http://www.ogs.ny.gov/bu/dc/esb/acquirebid.asp. check, bank check, or bid bond in the amount of $56,900 for H and For questions about purchase of bid documents, please send an $14,400 for E. e-mail to [email protected], or call 1-877-647-7526. All successful bidders on a multiple trade project or the successful For additional information on this project, please use the link below bidder with a bid over $200,000 on a single trade project, will be and then click on the project number: https://online.ogs.ny.gov/dnc/ required to furnish a Performance Bond and a Labor and Material contractorConsultant/esb/ESBPlansAvailableIndex.asp. Bond in the statutory form of public bonds required by Sections 136 and 137 of the State Finance Law, each for 100% of the amount of the Contract estimated to be between $1,000,000 and $2,000,000 for H By John D. Lewyckyj, Deputy Director and between $100,000 and $250,000 for E. The requirement for Labor OGS - Design & Construction Group and Material and Performance Bonds may be waived on a bid under $200,000 on a single trade project. PROVIDE Pursuant to State Finance Law § 139-j and § 139-k, this solicitation PARKING LOT includes and imposes certain restrictions on communications between Troop G Headquarters OGS D&C and a bidder during the procurement process. A bidder is Colonie, Albany County restricted from making contacts from the earliest notice of intent to solicit offers through final award and approval of the Procurement Sealed bids for Project No. 45467-C, for Construction Work, Contract by OGS D&C and Office of the State Comptroller (“restricted Provide Parking Lot, Troop G Headquarters, 760 Troy Schenectady period”) to other than designated staff unless it is a contact that is Road, Colonie (Albany County), NY, will be received by the Office of included among certain statutory exceptions set forth in State Finance General Services (OGS), Design & Construction Group (D&C), Divi- Law § 139-j(3)(a). Designated staff are Frank Peris and Carl Ruppert sion of Contract Management, 35th Fl., Corning Tower, Empire State in the Division of Contract Management, telephone (518) 474-0203, Plaza, Albany, NY 12242, on behalf of the New York State Police, fax (518) 473-7862 and John Lewyckyj, Deputy Director, Design & until 2:00 p.m. on Wednesday, September 14, 2016, when they will be Construction Group, telephone (518) 474-0201, fax (518) 486-1650. publicly opened and read. Each bid must be prepared and submitted in OGS D&C employees are also required to obtain certain information accordance with the Instructions to Bidders and must be accompanied when contacted during the restricted period and make a determination by a certified check, bank check, or bid bond in the amount of $26,000 of the responsibility of the bidder pursuant to these two statutes. for C. Certain findings of non-responsibility can result in rejection for contract award and in the event of two findings within a 4 year period, All successful bidders on a multiple trade project or the successful the bidder is debarred from obtaining governmental Procurement bidder with a bid over $200,000 on a single trade project, will be Contracts. Bidders responding to this Advertisement must familiarize required to furnish a Performance Bond and a Labor and Material themselves with the new Legislative and State Finance Law require- Bond in the statutory form of public bonds required by Sections 136 ments and will be expected to affirm that they understand and agree to and 137 of the State Finance Law, each for 100% of the amount of the comply on the bid form. Further information about these requirements Contract estimated to be between $500,000 and $1,000,000 for C. The can be found within the project manual or at: http://ogs.ny.gov/ requirement for Labor and Material and Performance Bonds may be aboutogs/regulations/defaultAdvisoryCouncil.asp. waived on a bid under $200,000 on a single trade project. The substantial completion date for this project is 500 days after the Pursuant to State Finance Law § 139-j and § 139-k, this solicitation Agreement is approved by the Comptroller. includes and imposes certain restrictions on communications between OGS D&C and a bidder during the procurement process. A bidder is The only time prospective bidders will be allowed to visit the job restricted from making contacts from the earliest notice of intent to site to take field measurements and examine existing conditions of the solicit offers through final award and approval of the Procurement project area will be at 10:00 a.m. on September 1, 2016 at Elmira Cor- Contract by OGS D&C and Office of the State Comptroller (“restricted rectional Facility, 1879 Davis Street, Elmira, NY. Prospective bidders period”) to other than designated staff unless it is a contact that is are urged to visit the site at this time. Prospective bidders or their included among certain statutory exceptions set forth in State Finance representatives attending the pre-bid site visit will not be admitted on Law § 139-j(3)(a). Designated staff are Frank Peris and Carl Ruppert facility grounds without proper photo identification. Note that parking in the Division of Contract Management, telephone (518) 474-0203, restrictions and security provisions will apply and all vehicles will be fax (518) 473-7862 and John Lewyckyj, Deputy Director, Design & subject to search. Construction Group, telephone (518) 474-0201, fax (518) 486-1650. Phone the office of Lara Franzese, (607) 734-0592 a minimum of OGS D&C employees are also required to obtain certain information 72 hours in advance of the date to provide the names of those who will when contacted during the restricted period and make a determination attend the pre-bid site visit. of the responsibility of the bidder pursuant to these two statutes. It is the policy of the State and the Office of General Services to Certain findings of non-responsibility can result in rejection for encourage meaningful minority- and women-owned business enter- contract award and in the event of two findings within a 4 year period, prise participation in this project by contractors, subcontractors and the bidder is debarred from obtaining governmental Procurement suppliers under the Contract, and all bidders are expected to cooperate Contracts. Bidders responding to this Advertisement must familiarize in implementing this policy. OGS hereby establishes an overall goal themselves with the new Legislative and State Finance Law require- of 30% for MWBE participation, 15% for Minority-Owned Business ments and will be expected to affirm that they understand and agree to Enterprises (“MBE”) participation and 15% for Women-Owned Busi- comply on the bid form. Further information about these requirements ness Enterprises (“WBE”) participation (based on the current avail- can be found within the project manual or at: http://ogs.ny.gov/ ability of qualified MBEs and WBEs) for HVAC and Electrical. The aboutogs/regulations/defaultAdvisoryCouncil.asp. total contract goal can be obtained by utilizing any combination of As a condition of award, within 48 hours of receipt of the proposed MBE and/or WBE participation for subcontracting and supplies Contract Agreement from the State, the low bidder shall return the acquired under this Contract. Contract Agreement to the State, properly executed, along with the The Office of General Services reserves the right to reject any or all Bonds if required by said Agreement. Low bidders who cannot meet bids. these provisions may be subject to disqualification and forfeiture of The Bidding and Contract Documents for this Project are available the bid security. on compact disc (CD) only, and may be obtained for an $8.00 deposit The State intends to expedite award of this Contract and the per set, plus a $2.00 per set shipping and handling fee. Contractors Contractor shall be prepared to proceed with the Work accordingly. and other interested parties can order CD’s on-line through a secure Bidders are warned that time is of the essence of the Contract and web interface available 24 hours a day, 7 days a week. Please use the completion of the Work must be within 65 days after the Agreement is

70 NYS Register/August 24, 2016 Advertisements for Bidders/Contractors approved by the Comptroller. Due to the tightness of the construction schedule, bidders should consider the necessity for an increased work force and shift operations. The only time prospective bidders will be allowed to visit the job site to take field measurements and examine existing conditions of the project area will be at 1:00 p.m. on September 1, 2016 at Troop G Headquarters, 760 Troy Schenectady Road, Colonie, NY. Prospective bidders are urged to visit the site at this time. Prospective bidders or their representatives attending the pre-bid site visit will not be admitted on facility grounds without proper photo identification. Note that parking restrictions and security provisions will apply and all vehicles will be subject to search. For assistance pertaining to the site visit only, please phone Aaron Cook (518) 457-7895. It is the policy of the State and the Office of General Services to encourage meaningful minority- and women-owned business enterprise participation in this project by contractors, subcontractors and suppliers under the Contract, and all bidders are expected to cooperate in implementing this policy. OGS hereby establishes an overall goal of 30% for MWBE participation, 15% for Minority-Owned Business Enterprises (“MBE”) participation and 15% for Women-Owned Busi- ness Enterprises (“WBE”) participation (based on the current availability of qualified MBEs and WBEs). The total contract goal can be obtained by utilizing any combination of MBE and /or WBE participation for subcontracting and supplies acquired under this Contract. The Office of General Services reserves the right to reject any or all bids. The Bidding and Contract Documents for this Project are available on compact disc (CD) only, and may be obtained for an $8.00 deposit per set, plus a $2.00 per set shipping and handling fee. Contractors and other interested parties can order CD’s on-line through a secure web interface available 24 hours a day, 7 days a week. Please use the following link at the OGS website for ordering and payment instructions: http://www.ogs.ny.gov/bu/dc/esb/acquirebid.asp. For questions about purchase of bid documents, please send an e-mail to [email protected], or call 1-877-647-7526. For additional information on this project, please use the link below and then click on the project number: https://online.ogs.ny.gov/dnc/ contractorConsultant/esb/ESBPlansAvailableIndex.asp.

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

NOTICE OF AVAILABILITY OF STATE AND FEDERAL FUNDS

REVISED NOTICE UF 2016 LIHC AVAILABLE: DHCR expects to have approximately $28,000,000 available for New York Homes and Community Renewal LIHC reservations. Division of Housing and Community Renewal EARLY AWARD APPLICATIONS: Hampton Plaza A. General Information 38-40 State St. HCR seeks to encourage high quality, high readiness projects that Albany, NY 12207 advance specific New York State housing goals by providing an ac- PERSONS/FIRMS SPONSORING THE CONSTRUCTION celerated application and review process as part of UF 2016. In addition to meeting the general application requirements described in the AND/OR REHABILITATION OF RENTAL HOUSING FOR LOW- upcoming RFP, EA applications must satisfy additional conditions AND MODERATE-INCOME PERSONS/ HOUSEHOLDS and requirements not required of UF 2016 applications generally, Low Income Housing Credit Program (LIHC) including an earlier application submission deadline and a mandatory INTRODUCTION: pre-application conference with HCR staff. New York State Homes and Community Renewal is revising the Applications satisfying the conditions and requirements for Early Notice of Credit Availability for the program(s) referenced below, Awards will be provided an accelerated review and will be rated and which was originally published in the New York State Register dated ranked compared only to other EA applications that advance the same August 10, 2016. That Notice incorrectly referred to a “NY/NY IV” policy goal, subject to the other funding considerations described in service and operating subsidy under the Supportive Housing Goals the UF 2016 RFP. In the event an application does not receive an early component of the Early Award Goals section of the Notice. That ref- funding award, the application may be considered for an award pursu- erence has been removed hereunder. ant to later funding round decisions. DESCRIPTION: In addition to satisfying the conditions and requirements generally New York State Homes and Community Renewal (HCR) an- applicable to all UF 2016 applications, EA applicants must also: nounces the availability of tax credit under the Low-Income Housing 1. Submit a complete application by 5:00 PM, October 6, 2016 or Credit Program (LIHC), administered by the New York State Division by 5:00 PM, November 8, 2016 for Empire State Supportive Housing of Housing and Community Renewal (DHCR), which is authorized Projects; under Section 42 of the Internal Revenue Code. 2. Demonstrate the project will be able to proceed to construction A Request for Proposals (RFP) for Unified Funding (UF) 2016 site- within 120 calendar days of award, or within 180 days of award, if lo- specific multi-family project applications (Capital Applications) seek- cated in the City of New York. In evaluating a project’s readiness to ing funding under the LIHC Program is expected to be available on or proceed to construction, HCR will consider the development team’s about August 15, 2016. past performance in the delivery of units on time and on-budget in ad- These applications will be submitted using the Community Devel- dition to project-specific indicators such as status of local approvals, opment Online (CDOL) Application System, located on HCR’s complexity of the proposed transaction, including whether a project website at: http://www.nyshcr.org/Apps/CDOnline/. must comply with National Environmental Policy Act (NEPA) Printable instructions and screen shots of the CDOL Exhibits for requirements, and status of financing commitments; and, the UF 2016 CDOL application will be available on the HCR Website 3. Provide documentation demonstrating the application proposes a at: http://www.nyshcr.org/Funding/UnifiedFundingMaterials/2016/. project which clearly advances at least one State housing goal APPLICATION DEADLINES & FEES: described below in Section B. Applications that advance more than one housing goal will be given preference. There are three UF 2016 application deadlines. The first deadline will be for Early Award Projects (EA), which meet criteria that will be B. Early Award State Housing Goals set forth in the RFP and described, in part, below. The second deadline In order to be eligible, EA applications must advance at least one of will be for Early Round Empire State Supportive Housing Projects the following State housing goals: which meet criteria that will be set forth in the RFP and described, in 1. Revitalization and Economic Development Goals part, below. The third deadline will be for all other Capital Applica- a. Priority Projects Identified in Regional Economic Development tions described in the upcoming RFP. Plans Applications for EA Projects must be completed and submitted by These applications will propose affordable housing projects that 5:00 PM on Thursday, October 6, 2016. Applications for Early Round have been specifically endorsed in Regional Economic Development Empire State Supportive Housing Projects must be completed and Council Strategic Plans and for which significant financial assistance submitted no later than 5:00 PM on Tuesday, November 8, 2016. All has been made available as part of such plans. other UF 2016 Capital Applications must be completed and submitted b. Mixed-Income/Mixed-Use Revitalization by 5:00 PM on Wednesday, December 7, 2016. These applications will propose mixed-income projects in mixed- A $3,000 application fee is required for each LIHC Capital Ap- use neighborhoods involving: plication with the following exception: not-for-profit applicants (or their wholly-owned subsidiaries) which will be sole general partner of D the use or adaptive reuse of existing underutilized buildings; the partnership/project owner or sole managing member of the limited D infill new construction; and/or liability company/project owner may request a deferral of payment D the demolition/replacement of buildings with a blighting impact until the time of credit allocation. on a community, for which rehabilitation is impracticable.

73 Availability of Funds NYS Register/August 24, 2016

Applications must clearly demonstrate the project is part of a ell Lama housing units transferred from NYS Empire State Develop- neighborhood-specific revitalization effort developed with significant ment Corporation (ESDC) to NYS, as part of Governor Cuomo’s $1 community and local government involvement. Applications must billion House NY Program. Applications must demonstrate the clearly demonstrate community support for the proposed project, as refinancing and preservation of the units would be infeasible as part of evidenced by commitment of local resources and local actions that a plan of finance that relies on 4% LIHC/tax exempt bonds without have, or will, be taken in support of the project. To be considered mixed-income, applications must target households at incomes above additional HCR subsidies in excess of typical HCR amounts made in federal LIHC limits. connection with such financing. Applicants under this goal must dem- Preference under this State housing goal will be given to applica- onstrate successful prior experience in the management of affordable tions that: housing properties (with preference for Mitchell Lama properties) and must maximize the use of all non-HCR resources available for the D demonstrate site control of land acquired through Land Banks established, pursuant to Article 16 of the NYS Not-for-Profit Corpora- redevelopment and preservation of this housing portfolio. tion Law, in neighborhoods that have experienced a high incidence of b. Rural Preservation Projects abandoned, “zombie” properties; These applications must propose the rehabilitation of projects cur- D propose a retail/community service component that will address rently receiving Rural Rental Assistance Program (RRAP) funds. Ap- an unmet community need identified in a neighborhood-specific plications must propose a scope of work extending the expected use- revitalization plan; ful life of the project by no less than 20 years and which satisfies D propose a project resulting in the cleanup/redevelopment of prop- heightened energy efficiency standards specified by HCR in the UF erty that has been determined to be eligible to participate in the NYS 2016 RFP. Successful applications must demonstrate the rehabilita- Brownfield Cleanup Program (BCP). To be eligible for this prefer- tion will be undertaken as part of a financing plan that will result in ence, applications must propose a financing plan fully utilizing all ongoing reductions of RRAP funding, and that at least 90% of the BCP tax credits generated from the cleanup/redevelopment of the proposed total development costs will be directly related to physical property; improvements that will extend the useful life and improve the habit- D propose a project that is part of a neighborhood specific revitaliza- ability and energy efficiency of the project. The only source of fund- tion plan that also includes the development of new affordable ing that may be requested under this goal is Community Investment homeownership units and/or the rehabilitation of existing owner- Fund (CIF). Requests are limited to $2,000,000 in CIF funds, and occupied housing; and/or $40,000 per unit, and must satisfy all CIF program requirements D propose a project located in a community participating in described in the UF 2016 RFP. Governor Cuomo’s Community, Opportunity, Reinvestment (CORe) Initiative, which aligns State support with local needs while support- c. Public Housing Redevelopment Projects ing successful community-based efforts, so the State can more ef- These applications must propose the gut rehabilitation and/or de- fectively allocate resources to make measurable and sustained prog- molition and replacement of substandard public housing outside the ress in improving high-need communities. City of New York. 2. Supportive Housing Goals APPLICATION WORKSHOPS: a. Empire State Supportive Housing Projects UF 2016 Capital Application Workshops will include a presenta- These applications will propose Supportive Housing Projects that tion and discussion of project application requirements and the Uni- have received Conditional Award Notifications through the Empire fied Funding process. UF 2016 Capital Application Workshops will State Supportive Housing Initiative, Inter-agency Service and Operat- be conducted at the following times and locations: ing Funding Opportunity RFP. b. New York/New York Projects ALBANY: Applicants must demonstrate they have secured a commitment of Thursday, September 8, 2016 at 10:00 a.m. NY/NY III service and operating subsidy for at least 25% of the pro- Hampton Plaza Ballroom ject’s total units. 38-40 State St. 3. Workforce Opportunity Goals a. Housing Opportunity Projects Albany, NY These applications will propose workforce family housing in areas experiencing economic growth that are served by high performing NEW YORK CITY: school districts. Projects must be located in areas that have stable/ Friday, September 9, 2016 at 10:00 a.m. growing tax bases, and must be in close proximity to public transporta- 5th Fl. Hearing Rm. tion, child care and employment opportunities. Proposed projects must 25 Beaver St. include a significant percentage of two, three, or more than three bedroom units. Applications that clearly advance this goal may be New York, NY eligible for a 130% LIHC basis boost authorized by the Housing and Economic Recovery Act. ROCHESTER: b. Transit Oriented Development (TOD) Tuesday, September 13, 2016 at 10:00 a.m. These applications will propose workforce housing projects in close Rochester City Council Chambers proximity to Metropolitan Transit Authority (MTA) rail stations City Hall – Rm. 302 outside the City of New York, or within a quarter-mile walk of an MTA subway station within the City of New York; or, which are in 30 Church St. communities that have completed and are implementing TOD plans Rochester, NY clearly linking the proposed project to expanded transportation choices for tenants; or, which are in close proximity to multi-modal transportation centers contributing to the development of vibrant, mixed-use, high-density neighborhoods through the adaptive reuse of non- residential buildings or through infill development. 4. Affordable Housing Preservation Goals a. Mitchell Lama Portfolio Projects Applications that propose the redevelopment/preservation of Mitch-

74 NYS Register/August 24, 2016 Availability of Funds

REVISED NOTICE including an earlier application submission deadline and a mandatory New York Homes and Community Renewal pre-application conference with HCR staff. Division of Housing and Community Renewal Applications satisfying the conditions and requirements for Early Awards will be provided an accelerated review and will be rated and Hampton Plaza ranked compared only to other EA applications that advance the same 38-40 State St. policy goal, subject to the other funding considerations described in Albany, NY 12207 the UF 2016 RFP. In the event an application does not receive an early funding award, the application may be considered for an award pursu- PERSONS/FIRMS SPONSORING THE CONSTRUCTION ant to later funding round decisions. AND/OR REHABILITATION OF RENTAL HOUSING FOR LOW- AND MODERATE-INCOME HOUSEHOLDS/ PERSONS In addition to satisfying the conditions and requirements generally New York State Low Income Housing Credit Program (SLIHC) applicable to all UF 2016 applications, EA applicants must also: INTRODUCTION: 1. Submit a complete application by 5:00 PM, October 6, 2016 or by 5:00 PM, November 8, 2016 for Empire State Supportive Housing New York State Homes and Community Renewal is revising the Projects; Notice of Credit Availability for the program(s) referenced below, which was originally published in the New York State Register dated 2. Demonstrate the project will be able to proceed to construction August 10, 2016. That Notice incorrectly referred to a “NY/NY IV” within 120 calendar days of award, or within 180 days of award, if lo- service and operating subsidy under the Supportive Housing Goals cated in the City of New York. In evaluating a project’s readiness to component of the Early Award Goals section of the Notice. That ref- proceed to construction, HCR will consider the development team’s erence has been removed hereunder. past performance in the delivery of units on time and on-budget in addition to project-specific indicators such as status of local approvals, DESCRIPTION: complexity of the proposed transaction, including whether a project New York State Homes and Community Renewal (HCR) an- must comply with National Environmental Policy Act (NEPA) nounces the availability of tax credit under the New York State Low- requirements, and status of financing commitments; and, Income Housing Tax Credit Program (SLIHC), administered by the 3. Provide documentation demonstrating the application proposes a New York State Division of Housing and Community Renewal project which clearly advances at least one State housing goal (DHCR), which is authorized under Article 2-A of the Public Housing described below in Section B. Applications that advance more than Law. one housing goal will be given preference. A Request for Proposals (RFP) for Unified Funding (UF) 2016 site- B. Early Award State Housing Goals specific multi-family project applications (Capital Applications) seeking funding under the SLIHC Program is expected to be available on In order to be eligible, EA applications must advance at least one of or about August 15, 2016. the following State housing goals: These applications will be submitted using the Community Devel- 1. Revitalization and Economic Development Goals opment Online (CDOL) Application System, located on HCR’s a. Priority Projects Identified in Regional Economic Development website at: http://www.nyshcr.org/Apps/CDOnline/. Plans Printable instructions and screen shots of the CDOL Exhibits for These applications will propose affordable housing projects that the UF 2016 CDOL application will be available on the HCR Website have been specifically endorsed in Regional Economic Development at: http://www.nyshcr.org/Funding/UnifiedFundingMaterials/2016/. Council Strategic Plans and for which significant financial assistance APPLICATION DEADLINES & FEES: has been made available as part of such plans. There are thee UF 2016 application deadlines. The first deadline b. Mixed-Income/Mixed-Use Revitalization will be for Early Award Projects (EA), which meet criteria that will be These applications will propose mixed-income projects in mixed- set forth in the RFP and described, in part, below. The second deadline use neighborhoods involving: will be for Early Round Empire State Supportive Housing Projects D the use or adaptive reuse of existing underutilized buildings; which meet criteria that will be set forth in the RFP and described, in D infill new construction; and/or part, below. The third deadline will be for all other Capital Applica- D the demolition/replacement of buildings with a blighting impact tions described in the upcoming RFP. on a community, for which rehabilitation is impracticable. Applications for Early Award Projects must be completed and Applications must clearly demonstrate the project is part of a submitted by 5:00 PM on Thursday, October 6, 2016. Applications for neighborhood-specific revitalization effort developed with significant Early Round Empire State Supportive Housing Projects must be community and local government involvement. Applications must completed and submitted no later than 5:00 PM on Tuesday, Novem- clearly demonstrate community support for the proposed project, as ber 8, 2016. All other UF 2016 Capital Applications must be completed evidenced by commitment of local resources and local actions that and submitted by 5:00 PM on Wednesday, December 7, 2016. have, or will, be taken in support of the project. To be considered A $3,000 application fee is required for each SLIHC Application mixed-income, applications must target households at incomes above with the following exception: not-for-profit applicants (or their federal LIHC limits. wholly-owned subsidiaries) which will be sole general partner of the Preference under this State housing goal will be given to applica- partnership/project owner or sole managing member of the limited li- tions that: ability company/project owner may request a deferral of payment until the time of credit allocation. D demonstrate site control of land acquired through Land Banks, established pursuant to Article 16 of the NYS Not-for-Profit Corpora- UF 2016 SLIHC AVAILABLE: tion Law, in neighborhoods that have experienced a high incidence of DHCR expects to have approximately $4,000,000 available for abandoned, “zombie” properties; SLIHC reservations. D propose a retail/community service component that will address EARLY AWARD APPLICATIONS: an unmet community need identified in a neighborhood-specific A. General Information revitalization plan; HCR seeks to encourage high quality, high readiness projects that D propose a project resulting in the cleanup/redevelopment of prop- advance specific New York State housing goals by providing an ac- erty that has been determined to be eligible to participate in the NYS celerated application and review process as part of UF 2016. In addi- Brownfield Cleanup Program (BCP). To be eligible for this prefer- tion to meeting the general application requirements described in the ence, applications must propose a financing plan fully utilizing all upcoming RFP, EA applications must satisfy additional conditions BCP tax credits generated from the cleanup/redevelopment of the and requirements not required of UF 2016 applications generally, property;

75 Availability of Funds NYS Register/August 24, 2016

D propose a project that is part of a neighborhood specific revitaliza- ing that may be requested under this goal is Community Investment tion plan that also includes the development of new affordable Fund (CIF). Requests are limited to $2,000,000 in CIF funds, and homeownership units and/or the rehabilitation of existing owner- $40,000 per unit, and must satisfy all CIF program requirements occupied housing; and/or described in the UF 2016 RFP. D propose a project located in a community participating in c. Public Housing Redevelopment Projects Governor Cuomo’s Community, Opportunity, Reinvestment (CORe) These applications must propose the gut rehabilitation and/or de- Initiative, which aligns State support with local needs while support- molition and replacement of substandard public housing outside the ing successful community-based efforts, so the State can more ef- City of New York. fectively allocate resources to make measurable and sustained prog- APPLICATION WORKSHOPS: ress in improving high-need communities. UF 2016 Capital Application Workshops will include a presenta- 2. Supportive Housing Goals tion and discussion of project application requirements and the Uni- a. Empire State Supportive Housing Projects fied Funding process. UF 2016 Capital Application Workshops will These applications will propose Supportive Housing Projects that be conducted at the following times and locations: have received Conditional Award Notifications through the Empire State Supportive Housing Initiative, Inter-agency Service and Operat- ALBANY: ing Funding Opportunity RFP. Thursday, September 8, 2016 at 10:00 a.m. b. New York/New York Projects Hampton Plaza Ballroom Applicants must demonstrate they have secured a commitment of 38-40 State St. NY/NY III service and operating subsidy for at least 25% of the project’s total units. Albany, NY 3. Workforce Opportunity Goals NEW YORK CITY: a. Housing Opportunity Projects Friday, September 9, 2016 at 10:00 a.m. These applications will propose workforce family housing in areas experiencing economic growth that are served by high performing 5th Fl. Hearing Rm. school districts. Projects must be located in areas that have stable/ 25 Beaver St. growing tax bases, and must be in close proximity to public transporta- New York, NY tion, child care and employment opportunities. Proposed projects must include a significant percentage of two, three, or more than three ROCHESTER: bedroom units. Applications that clearly advance this goal may be Tuesday, September 13, 2016 at 10:00 a.m. eligible for a 130% SLIHC basis boost authorized by the Housing and Economic Recovery Act. Rochester City Council Chambers b. Transit Oriented Development (TOD) City Hall – Rm. 302 These applications will propose workforce housing projects in close 30 Church St. proximity to Metropolitan Transit Authority (MTA) rail stations Rochester, NY outside the City of New York, or within a quarter-mile walk of an MTA subway station within the City of New York; or, which are in communities that have completed and are implementing TOD plans clearly linking the proposed project to expanded transportation choices for tenants; or, which are in close proximity to multi-modal transporta- REVISED NOTICE tion centers contributing to the development of vibrant, mixed-use, New York Homes and Community Renewal high-density neighborhoods through the adaptive reuse of non- residential buildings or through infill development. Housing Trust Fund Corporation 4. Affordable Housing Preservation Goals Hampton Plaza a. Mitchell Lama Portfolio Projects 38-40 State St. Albany, NY 12207 Applications that propose the redevelopment/preservation of Mitch- ell Lama housing units transferred from NYS Empire State Develop- PERSONS/FIRMS SPONSORING THE CONSTRUCTION ment Corporation (ESDC) to NYS, as part of Governor Cuomo’s $1 AND/OR REHABILITATION OF HOUSING FOR LOW, MODER- billion House NY Program. Applications must demonstrate the ATE, AND MIDDLE-INCOME PERSONS/HOUSEHOLDS refinancing and preservation of the units would be infeasible as part of Low-Income Housing Trust Fund Program (HTF), New York a plan of finance that relies on 4% LIHC/tax exempt bonds without State HOME Program (NYS HOME), Rural Area Revitalization additional HCR subsidies in excess of typical HCR amounts made in Projects Program (RARP), Community Investment Fund (CIF), connection with such financing. Applicants under this goal must dem- Mitchell-Lama Program (ML), Supportive Housing Opportunity onstrate successful prior experience in the management of affordable Program (SHOP), and Middle Income Housing Program (MIHP) housing properties (with preference for Mitchell Lama properties) and must maximize the use of all non-HCR resources available for the INTRODUCTION: redevelopment and preservation of this housing portfolio. New York State Homes and Community Renewal is revising the b. Rural Preservation Projects Notice of Funding Availability for the program(s) referenced below, These applications must propose the rehabilitation of projects cur- which was originally published in the New York State Register dated rently receiving Rural Rental Assistance Program (RRAP) funds. Ap- August 10, 2016. That Notice incorrectly referred to a “NY/NY IV” plications must propose a scope of work extending the expected use- service and operating subsidy under the Supportive Housing Goals ful life of the project by no less than 20 years and which satisfies component of the Early Award Goals section of the Notice. That ref- heightened energy efficiency standards specified by HCR in the UF erence has been removed hereunder. 2016 RFP. Successful applications must demonstrate the rehabilita- DESCRIPTION: tion will be undertaken as part of a financing plan that will result in New York State Homes and Community Renewal (HCR) an- ongoing reductions of RRAP funding, and that at least 90% of the nounces the availability of Low-Income Housing Trust Fund Program proposed total development costs will be directly related to physical (HTF), New York State HOME Program (NYS HOME), Rural Area improvements that will extend the useful life and improve the habit- Revitalization Projects Program (RARP), Community Investment ability and energy efficiency of the project. The only source of fund- Fund (CIF), Mitchell-Lama Program (ML), Supportive Housing Op-

76 NYS Register/August 24, 2016 Availability of Funds portunity Program (SHOP), and Middle Income Housing Program performance in the delivery of units on time and on-budget in addition (MIHP). A Request for Proposals (RFP) for Unified Funding (UF) to project-specific indicators such as status of local approvals, 2016 site-specific multi-family project applications (Capital Applica- complexity of the proposed transaction, including whether a project tions) seeking funding under these programs is expected to be avail- must comply with National Environmental Policy Act (NEPA) able on August 15, 2016. requirements, and status of financing commitments; and, NYS HOME Program applicants are advised this NOFA is ap- 3. Provide documentation demonstrating the application proposes a plicable to site-specific capital projects only. Funding for HOME Lo- project which clearly advances at least one State housing goal cal Program Administrator applications is offered under a separate described below in Section B. Applications that advance more than NOFA. one housing goal will be given preference. These applications will be submitted using the Community Devel- B. Early Award State Housing Goals opment Online (CDOL) Application System, located on HCR’s In order to be eligible, EA applications must advance at least one of website at: http://www.nyshcr.org/Apps/CDOnline/. the following State housing goals: Printable instructions for the UF 2016 CDOL application will be 1. Revitalization and Economic Development Goals available on the HCR Website at: http://www.nyshcr.org/Funding/ a. Priority Projects Identified in Regional Economic Development UnifiedFundingMaterials/2016/. Plans APPLICATION DEADLINES: These applications will propose affordable housing projects that There are three UF 2016 application deadlines. The first deadline have been specifically endorsed in Regional Economic Development will be for Early Award Projects (EA), which meet criteria set forth in Council Strategic Plans and for which significant financial assistance the RFP and described, in part, below. The second deadline will be for has been made available as part of such plans. Early Round Empire State Supportive Housing Projects which meet b. Mixed-Income/Mixed-Use Revitalization criteria that will be set forth in the RFP and described, in part, below. These applications will propose mixed-income projects in mixed- The third deadline will be for all other capital applications described use neighborhoods involving: in the upcoming RFP. D the use/adaptive reuse of existing underutilized buildings; Applications for EA Projects must be completed and submitted by D infill new construction; and/or 5:00 PM on Thursday, October 6, 2016. Applications for Early Round Empire State Supportive Housing Projects must be completed and D the demolition/replacement of buildings with a blighting impact submitted no later than 5:00 PM on Tuesday, November 8, 2016. All on a community, for which rehabilitation is impracticable. other UF 2016 Capital Applications must be completed and submitted Applications must clearly demonstrate the project is part of a by 5:00 PM on Wednesday, December 7, 2016. neighborhood-specific revitalization effort developed with significant UF 2016 FUNDS AVAILABLE: community and local government involvement. Applications must clearly demonstrate community support for the proposed project, as Approximately $40,000,000 in HTF funds; $7,000,000 in NYS evidenced by commitment of local resources and local actions that HOME Program funds; $450,000 in RARP funds; $31,250,000 in CIF have, or will, be taken in support of the project. To be considered funds; $10,000,000 in ML funds; $150,000,000 in SHOP; and mixed-income, applications must target households at incomes above $10,000,000 in MIHP funds are available, subject to availability of federal LIHC limits. appropriations. A minimum of 15% of NYS HOME funds must be reserved for Community Housing Development Organization projects. Preference under this State housing goal will be given to applica- In addition, a minimum of 80% of these funds must be allocated to tions that: projects located in non-participating jurisdictions. D demonstrate site control of land acquired through Land Banks, Approximately 100 Project based Section 8 Vouchers may be avail- established pursuant to Article 16 of NYS Not-for-Profit Corporation able for UF 2016 Capital Applications. Such applications will be Law, in neighborhoods that have experienced a high incidence of considered within overall review of project funding requests. Applica- abandoned, “zombie” properties; tions requesting only Section 8 assistance will not be considered. D propose a retail/community service component that will address EARLY AWARD APPLICATIONS: an unmet community need identified in a neighborhood-specific revitalization plan; A. General Information D propose a project resulting in the cleanup/redevelopment of prop- HCR seeks to encourage high quality, high readiness projects that erty that has been determined to be eligible to participate in the NYS advance specific New York State housing goals by providing an ac- Brownfield Cleanup Program (BCP). To be eligible for this prefer- celerated application and review process as part of UF 2016. In addi- ence, applications must propose a financing plan fully utilizing all tion to meeting the general application requirements described in the BCP tax credits generated from the cleanup/redevelopment of the upcoming RFP, EA applications must satisfy additional conditions property; and requirements not required of UF 2016 applications generally, including an earlier application submission deadline and a mandatory D propose a project that is part of a neighborhood specific revitaliza- pre-application conference with HCR staff. tion plan that also includes the development of new affordable homeownership units and/or the rehabilitation of existing owner- Applications satisfying the conditions and requirements for Early occupied housing; and/or Awards will be provided an accelerated review and will be rated and ranked compared only to other EA applications that advance the same D propose a project located in a community participating in policy goal, subject to the other funding considerations described in Governor Cuomo’s Community, Opportunity, Reinvestment (CORe) the UF 2016 RFP. In the event an application does not receive an early Initiative, which aligns State support with local needs while support- funding award, the application may be considered for an award pursu- ing successful community-based efforts, so the State can more ef- ant to later funding round decisions. fectively allocate resources to make measureable and sustained progress in improving high-need communities. In addition to satisfying the conditions and requirements generally applicable to all UF 2016 applications, EA applicants must also: 2. Supportive Housing Goals 1. Submit a complete application by 5:00 PM, October 6, 2016 or a. Empire State Supportive Housing Projects by 5:00 PM, November 8, 2016 for Empire State Supportive Housing These applications will propose Supportive Housing Projects that Projects; have received Conditional Award Notifications through the Empire 2. Demonstrate the project will be able to proceed to construction State Supportive Housing Initiative, Inter-agency Service and Operat- within 120 calendar days of award, or within 180 days of award, if lo- ing Funding Opportunity RFP. cated in the City of New York. In evaluating project readiness to b. New York/New York Projects proceed to construction, HCR will consider development team past Applicants must demonstrate they have secured a commitment of

77 Availability of Funds NYS Register/August 24, 2016

NY/NY III service and operating subsidy for at least 25% of the project’s total units. NEW YORK CITY: 3. Workforce Opportunity Goals Friday, September 9, 2016 at 10:00 a.m. a. Housing Opportunity Projects 5th Fl. Hearing Rm. These applications will propose workforce family housing in areas 25 Beaver St. experiencing economic growth that are served by high performing school districts. Projects must be located in areas that have stable/ New York, NY growing tax bases, and must be in close proximity to public transportation, child care and employment opportunities. Proposed projects must ROCHESTER: include a significant percentage of two, three, or more than three Tuesday, September 13, 2016 at 10:00 a.m. bedroom units. Applications that clearly advance this goal may be eligible for a 130% LIHC basis boost authorized by the federal Hous- Rochester City Council Chambers ing and Economic Recovery Act of 2008. City Hall – Rm. 302 b. Transit Oriented Development (TOD) 30 Church St. These applications will propose workforce housing projects in close Rochester, NY proximity to Metropolitan Transit Authority (MTA) rail stations outside the City of New York, or within a quarter-mile walk of an MTA subway station within the City of New York; or, which are in communities that have completed and are implementing TOD plans clearly linking the proposed project to expanded transportation choices for tenants; or, which are in close proximity to multi-modal transportation centers contributing to the development of vibrant, mixed-use, high-density neighborhoods through the adaptive reuse of non- residential buildings or through infill development. 4. Affordable Housing Preservation Goals a. Mitchell Lama Portfolio Projects Applications that propose the redevelopment/preservation of Mitch- ell Lama housing units transferred from NYS Empire State Develop- ment Corporation (ESDC) to NYS, as part of Governor Cuomo’s $1 billion House NY Program. Applications must demonstrate the refinancing and preservation of the units would be infeasible as part of a plan of finance that relies on 4% LIHC/tax exempt bonds without additional HCR subsidies in excess of typical HCR amounts made in connection with such financing. Applicants under this goal must demonstrate successful prior experience in the management of affordable housing properties (with preference for Mitchell Lama properties) and must maximize the use of all non-HCR resources available for the redevelopment and preservation of this housing portfolio. b. Rural Preservation Projects These applications propose the rehabilitation of projects currently receiving Rural Rental Assistance Program (RRAP) funds. Applica- tions must propose a scope of work extending the expected useful life of the project by no less than 20 years and which satisfies heightened energy efficiency standards specified by HCR in the UF 2016 RFP. Successful applications must demonstrate the rehabilitation will be undertaken as part of a financing plan that will result in ongoing reductions of RRAP funding, and that at least 90 % of proposed total development costs will be directly related to physical improvements that will extend the useful life and improve the habitability and energy efficiency of the project. The only source of funding that may be requested under this goal is CIF. Requests are limited to $2,000,000 in CIF funds, and $40,000 per unit, and must satisfy all CIF program requirements described in the UF 2016 RFP. c. Public Housing Redevelopment Projects These applications must propose the gut rehabilitation and/or demolition and replacement of substandard public housing outside the City of New York. APPLICATION WORKSHOPS: UF 2016 Capital Application Workshops will include a presentation and discussion of project application requirements and the UF process. UF 2016 Capital Application Workshops will be conducted at the following times and locations:

ALBANY: Thursday, September 8, 2016 at 10:00 a.m. Hampton Plaza Ballroom 38-40 State St. Albany, NY

78 MISCELLANEOUS NOTICES/HEARINGS Notice of Abandoned Property ENTITY NAME: MIRACLE GROCERIES CORP. Received by the State Comptroller REINSTATE: 03/30/16 DIS BY PROC: 01/26/11 Pursuant to provisions of the Abandoned Property Law and related laws, the Office of the State Comptroller receives unclaimed monies ENTITY NAME: PALMA REALTY ASSOCIATES LTD. and other property deemed abandoned. A list of the names and last REINSTATE: 02/24/16 known addresses of the entitled owners of this abandoned property is maintained by the office in accordance with Section 1401 of the DIS BY PROC: 01/25/12 Abandoned Property Law. Interested parties may inquire if they appear on the Abandoned Property Listing by contacting the Office of ENTITY NAME: STARR-LING, INC. Unclaimed Funds, Monday through Friday from 8:00 a.m. to 4:30 REINSTATE: 03/11/16 p.m., at: DIS BY PROC: 07/28/10 1-800-221-9311 or visit our web site at: ENTITY NAME: YATES CONCEPTS, CORP. www.osc.state.ny.us REINSTATE: 03/08/16 Claims for abandoned property must be filed with the New York DIS BY PROC: 10/26/11 State Comptroller's Office of Unclaimed Funds as provided in Sec- tion 1406 of the Abandoned Property Law. For further information ENTITY NAME: 1137 E. 223RD CORP. contact: Office of the State Comptroller, Office of Unclaimed Funds, REINSTATE: 03/16/16 110 State St., Albany, NY 12236. DIS BY PROC: 06/30/04

NOTICE OF ANNULMENT ENTITY NAME: 224 FAST FOOD, INC. OF DISSOLUTION OF REINSTATE: 01/08/16 CERTAIN BUSINESS CORPORATIONS DIS BY PROC: 10/26/11 Under the Provisions of Section 203-a of the Tax Law, As Amended The Secretary of State hereby provides notice that the following COUNTY: BROOME corporations, which were duly dissolved in the manner prescribed by Section 203-a of the Tax Law, have complied with the provisions of ENTITY NAME: DHANSUKH, INC. subdivision (7) of Section 203-a of the Tax Law, annulling all of the REINSTATE: 02/16/16 proceedings theretofore taken for the dissolution of each such DIS BY PROC: 03/24/93 corporation. The appropriate entries have been made on the records of the Department of State. COUNTY: DUTCHESS

COUNTY: ALBANY ENTITY NAME: ARAMINGO OPERATING GROUP, INC. REINSTATE: 02/16/16 ENTITY NAME: PAG SERVICES, INC. DIS BY PROC: 10/26/11 REINSTATE: 01/21/16 DIS BY PROC: 01/26/11 ENTITY NAME: BOARDMAN ESTATES, INC. REINSTATE: 03/18/16 COUNTY: BRONX DIS BY PROC: 04/27/11 ENTITY NAME: ALLEN RESTAURANT CORPORATION REINSTATE: 01/14/16 ENTITY NAME: NEW CASTLE OPERATING GROUP, INC. DIS BY PROC: 01/25/12 REINSTATE: 01/29/16 DIS BY PROC: 10/26/11 ENTITY NAME: AMTRCC, INC. REINSTATE: 03/02/16 ENTITY NAME: WINGNUT CONSULTING, INC. DIS BY PROC: 07/27/11 REINSTATE: 02/08/16 DIS BY PROC: 01/25/12 ENTITY NAME: FUSION OF FOODS NY CORP. REINSTATE: 01/28/16 COUNTY: ERIE DIS BY PROC: 01/26/11 ENTITY NAME: GRAMMA MORA'S MEXICAN RESTAURANT, ENTITY NAME: KTM ELECTRONICS, INC. INC. REINSTATE: 03/15/16 REINSTATE: 02/09/16 DIS BY PROC: 07/29/09 DIS BY PROC: 04/27/11

79 Miscellaneous Notices/Hearings NYS Register/August 24, 2016

ENTITY NAME: PINE VIEW GORGE DEVELOPMENT, INC. ENTITY NAME: GLOBAL TECH SYSTEMS, INC. REINSTATE: 01/12/16 REINSTATE: 03/08/16 DIS BY PROC: 01/26/11 DIS BY PROC: 07/27/11

ENTITY NAME: THE HOOD GUYS, INC. ENTITY NAME: HARRIS SECURITY CONSULTANT INC. REINSTATE: 01/20/16 REINSTATE: 03/31/16 DIS BY PROC: 07/28/10 DIS BY PROC: 01/25/12

COUNTY: HERKIMER ENTITY NAME: INFOTILT, INC. REINSTATE: 01/13/16 ENTITY NAME: BEARDSLEE CASTLE, INC. DIS BY PROC: 10/28/09 REINSTATE: 02/11/16 DIS BY PROC: 04/27/11 ENTITY NAME: J. ACUNA TRANSPORTATION, INC. REINSTATE: 02/02/16 COUNTY: KINGS DIS BY PROC: 10/26/11

ENTITY NAME: AHF GROUP BENEFITS, LTD. ENTITY NAME: KINGS ENTERPRISE GROUP INC REINSTATE: 01/05/16 REINSTATE: 02/02/16 DIS BY PROC: 01/27/10 DIS BY PROC: 01/25/12

ENTITY NAME: AIR TECH PLUS, INC. ENTITY NAME: MEEHAN RELOCATIONS, INC. REINSTATE: 03/01/16 REINSTATE: 03/18/16 DIS BY PROC: 01/25/12 DIS BY PROC: 09/29/93

ENTITY NAME: BASIC WHITE SHIRT LTD ENTITY NAME: NORT LINE INC. REINSTATE: 02/03/16 REINSTATE: 01/13/16 DIS BY PROC: 07/27/11 DIS BY PROC: 10/26/11

ENTITY NAME: BEST BEAUTY CARE, INC. ENTITY NAME: ROZARIO & ASSOCIATES, P.C. REINSTATE: 03/07/16 REINSTATE: 01/07/16 DIS BY PROC: 01/26/11 DIS BY PROC: 10/26/11

ENTITY NAME: BEYOND AUTO SALES INC. ENTITY NAME: S.B.C. SERVICE CORP. REINSTATE: 01/07/16 REINSTATE: 01/07/16 DIS BY PROC: 07/27/11 DIS BY PROC: 12/24/91

ENTITY NAME: CASPIAN LOGISTICS SERVICES LTD. ENTITY NAME: SHAHEM, MD, P.C. REINSTATE: 03/07/16 REINSTATE: 03/31/16 DIS BY PROC: 07/27/11 DIS BY PROC: 10/28/09

ENTITY NAME: CEC & SHD LTD. ENTITY NAME: STAT ELECTRIC, INC. REINSTATE: 03/29/16 REINSTATE: 03/14/16 DIS BY PROC: 07/27/11 DIS BY PROC: 06/23/93

ENTITY NAME: CROPSEY AUTO BODY INC. ENTITY NAME: STORYBOOK LAND INC. REINSTATE: 02/03/16 REINSTATE: 03/17/16 DIS BY PROC: 09/24/97 DIS BY PROC: 09/23/92

ENTITY NAME: E SAVOY, INC. ENTITY NAME: T & D BAKERY INC. REINSTATE: 02/10/16 REINSTATE: 02/17/16 DIS BY PROC: 04/27/11 DIS BY PROC: 09/28/94

ENTITY NAME: FRONTVIEW CORPORATION ENTITY NAME: THE DOWNTOWN SHOWROOM INC. REINSTATE: 03/18/16 REINSTATE: 03/30/16 DIS BY PROC: 10/26/11 DIS BY PROC: 06/25/03

ENTITY NAME: FULANI NEW YORK INCORPORATED ENTITY NAME: THIRD AVENUE MINI-MART, INC. REINSTATE: 02/03/16 REINSTATE: 03/30/16 DIS BY PROC: 03/26/03 DIS BY PROC: 04/27/11

ENTITY NAME: G DESIGNS LTD. ENTITY NAME: 1185 PUTNAM AVENUE HOUSING DEVELOP- REINSTATE: 03/24/16 MENT FUND CORPORATION DIS BY PROC: 04/25/12 REINSTATE: 01/11/16 DIS BY PROC: 06/26/96 ENTITY NAME: G&B GLAUBER BROTHERS MENS & BOYS CLOTHING INC. ENTITY NAME: 121 8TH AVENUE CORP. REINSTATE: 01/07/16 REINSTATE: 02/25/16 DIS BY PROC: 01/25/12 DIS BY PROC: 07/28/10

80 NYS Register/August 24, 2016 Miscellaneous Notices/Hearings

ENTITY NAME: 1403 FULTON STREET CORP. ENTITY NAME: LS WINDOW CLEANING CORP. REINSTATE: 01/15/16 REINSTATE: 03/25/16 DIS BY PROC: 07/28/10 DIS BY PROC: 10/28/09

ENTITY NAME: 171 MARKET STREET CORP. ENTITY NAME: PHAYER TRADING INC. REINSTATE: 01/21/16 REINSTATE: 01/05/16 DIS BY PROC: 09/25/91 DIS BY PROC: 07/28/10

ENTITY NAME: 1905 AVENUE M CORP. ENTITY NAME: SALA HOLDING CORP. REINSTATE: 03/14/16 REINSTATE: 02/10/16 DIS BY PROC: 07/29/09 DIS BY PROC: 10/26/11

ENTITY NAME: 6920 THIRD AVENUE CORP. ENTITY NAME: TALHA FOOD CORP. REINSTATE: 02/25/16 REINSTATE: 01/28/16 DIS BY PROC: 07/28/10 DIS BY PROC: 10/26/11

COUNTY: MONROE ENTITY NAME: THE OWNERS OF KENSINGTON ESTATES, INC. ENTITY NAME: MARLEN AMUSEMENT COMPANY, INC. REINSTATE: 02/02/16 REINSTATE: 02/25/16 DIS BY PROC: 09/28/94 DIS BY PROC: 01/25/12

COUNTY: NASSAU COUNTY: NEW YORK

ENTITY NAME: A & E CONTRACTING, INC. ENTITY NAME: ACRO BROKERAGE INC. REINSTATE: 01/04/16 REINSTATE: 03/28/16 DIS BY PROC: 04/27/11 DIS BY PROC: 12/29/04

ENTITY NAME: AGFD REALTY CORP. ENTITY NAME: ALMA GROUP USA CORP. REINSTATE: 03/23/16 REINSTATE: 03/31/16 DIS BY PROC: 01/26/11 DIS BY PROC: 10/26/11

ENTITY NAME: CRAIG DEMSHICK PIPING & HEATING INC. ENTITY NAME: ANTHONY S. BORCICH, M.D., P.C. REINSTATE: 03/03/16 REINSTATE: 01/08/16 DIS BY PROC: 10/27/10 DIS BY PROC: 01/26/11

ENTITY NAME: EO DESIGN GROUP INC. ENTITY NAME: BARRA HOLDINGS, INC. REINSTATE: 02/10/16 REINSTATE: 03/23/16 DIS BY PROC: 10/26/11 DIS BY PROC: 04/25/12

ENTITY NAME: G.C. UPSTATE ENVIROMENTAL SOLUTIONS ENTITY NAME: DRA-HOW, AGENCY, INC. CORP. REINSTATE: 03/25/16 REINSTATE: 01/07/16 DIS BY PROC: 06/25/03 DIS BY PROC: 10/27/10 ENTITY NAME: ECHO TOURING CORPORATION ENTITY NAME: HERITAGE HOUSE OWNERS CORP. REINSTATE: 01/20/16 REINSTATE: 02/05/16 DIS BY PROC: 01/25/12 DIS BY PROC: 01/25/12 ENTITY NAME: EXOTIC AUTO TECH CORP. ENTITY NAME: ISLAND PRINCESS LTD. REINSTATE: 01/20/16 REINSTATE: 03/01/16 DIS BY PROC: 10/26/11 DIS BY PROC: 01/27/10

ENTITY NAME: JESSICA BARCESSAT DMD, P.C. ENTITY NAME: GERARD ADDEO, CPA, P.C. REINSTATE: 02/16/16 REINSTATE: 02/26/16 DIS BY PROC: 10/26/11 DIS BY PROC: 07/29/09

ENTITY NAME: JP EXPRESS DEMOLITION & EXCAVATION, ENTITY NAME: HOME COURT MANAGEMENT CORPORA- INC. TION REINSTATE: 03/24/16 REINSTATE: 03/17/16 DIS BY PROC: 10/26/11 DIS BY PROC: 07/27/11

ENTITY NAME: JU-RO REAL ESTATE CORP. ENTITY NAME: I & O DRYCLEANERS, INC. REINSTATE: 02/12/16 REINSTATE: 03/09/16 DIS BY PROC: 04/27/11 DIS BY PROC: 10/26/11

ENTITY NAME: LONG ISLAND APPLIANCE PARTS, INC. ENTITY NAME: IMAGO GROUP, INC. REINSTATE: 03/21/16 REINSTATE: 03/28/16 DIS BY PROC: 10/26/11 DIS BY PROC: 01/26/11

81 Miscellaneous Notices/Hearings NYS Register/August 24, 2016

ENTITY NAME: IMAGO VENTURES, INC. ENTITY NAME: SG FILMS INC. REINSTATE: 03/28/16 REINSTATE: 03/01/16 DIS BY PROC: 01/26/11 DIS BY PROC: 07/27/11

ENTITY NAME: JAMES LEONARD OPTICIANS, INC. ENTITY NAME: SILAS SEANDEL STUDIO, INC. REINSTATE: 03/16/16 REINSTATE: 02/17/16 DIS BY PROC: 01/27/10 DIS BY PROC: 01/25/12

ENTITY NAME: JBC ELECTRICAL CONSTRUCTION, INC. ENTITY NAME: THE RAVEN AND THE CROW, INC. REINSTATE: 02/05/16 REINSTATE: 02/04/16 DIS BY PROC: 07/27/11 DIS BY PROC: 10/26/11

ENTITY NAME: JC & JC CLEANERS INC. ENTITY NAME: THE SINGER FINANCIAL CORPORATION REINSTATE: 02/25/16 REINSTATE: 02/29/16 DIS BY PROC: 01/25/12 DIS BY PROC: 03/25/92

ENTITY NAME: LEBER-KREBS, INC. ENTITY NAME: VIP WIRELESS INC. REINSTATE: 02/03/16 REINSTATE: 03/30/16 DIS BY PROC: 01/25/12 DIS BY PROC: 07/27/11

ENTITY NAME: LIPSKY & ROSENTHAL, INC. ENTITY NAME: YONKERS AVENUE REALTY CORPORATION REINSTATE: 03/14/16 REINSTATE: 01/14/16 DIS BY PROC: 10/26/11 DIS BY PROC: 01/25/12

ENTITY NAME: M.A.B. RENOVATION GROUP CORP. ENTITY NAME: 149 RIDGE ST. REALTY CORP. REINSTATE: 03/10/16 REINSTATE: 02/10/16 DIS BY PROC: 06/26/02 DIS BY PROC: 06/30/04

ENTITY NAME: MAGALY C. LUCAS, P.C. ENTITY NAME: 176 BOWERY INC. REINSTATE: 02/23/16 REINSTATE: 01/22/16 DIS BY PROC: 04/27/11 DIS BY PROC: 06/25/03

ENTITY NAME: NARRAGANSETT CAPITAL, INC. ENTITY NAME: 26 WEST 20TH STREET CORP. REINSTATE: 03/09/16 REINSTATE: 02/24/16 DIS BY PROC: 07/27/11 DIS BY PROC: 04/25/12

ENTITY NAME: NEW YORK ART WORLD, INC. ENTITY NAME: 317 EAST 6TH STREET RESIDENCES, INC. REINSTATE: 03/22/16 REINSTATE: 02/03/16 DIS BY PROC: 06/27/01 DIS BY PROC: 03/24/93

ENTITY NAME: NOTOVITZ COMMUNICATIONS, INC. COUNTY: NIAGARA REINSTATE: 01/28/16 DIS BY PROC: 04/29/09 ENTITY NAME: LAKE ROAD INN, LTD. REINSTATE: 02/11/16 ENTITY NAME: NUTROPIA, INC. DIS BY PROC: 01/27/10 REINSTATE: 02/23/16 DIS BY PROC: 01/26/11 COUNTY: ONEIDA

ENTITY NAME: PETROLEUM MANAGEMENT, INC. ENTITY NAME: VDOOZER INC. REINSTATE: 01/20/16 REINSTATE: 03/30/16 DIS BY PROC: 07/28/10 DIS BY PROC: 07/27/11 ENTITY NAME: POLO GROUNDS BRANDS & MARKETING, INC. COUNTY: ONONDAGA REINSTATE: 02/24/16 ENTITY NAME: JOSEPH FUNDING COMPANY, INC. DIS BY PROC: 10/26/11 REINSTATE: 03/22/16 ENTITY NAME: POST BILLIARDS-CAFE, INC. DIS BY PROC: 10/27/10 REINSTATE: 03/07/16 DIS BY PROC: 01/25/12 ENTITY NAME: SPA ON THE RIVER, INC. REINSTATE: 03/21/16 ENTITY NAME: SAVOY TRADING GROUP, LTD. DIS BY PROC: 10/26/11 REINSTATE: 02/03/16 DIS BY PROC: 06/26/02 COUNTY: ORANGE

ENTITY NAME: SEGA TRANSPORTATION INC. ENTITY NAME: M&M ESTATES INC. REINSTATE: 02/29/16 REINSTATE: 01/29/16 DIS BY PROC: 01/25/12 DIS BY PROC: 07/28/10

82 NYS Register/August 24, 2016 Miscellaneous Notices/Hearings

ENTITY NAME: MOODNA CREEK DEVELOPMENT, LTD. ENTITY NAME: L & M MECHANICAL CORP. REINSTATE: 03/28/16 REINSTATE: 01/19/16 DIS BY PROC: 01/25/12 DIS BY PROC: 07/29/09

ENTITY NAME: PUNJABI FOOD MART INC. ENTITY NAME: LIC BRIDGE MANAGEMENT CORP. REINSTATE: 01/27/16 REINSTATE: 02/19/16 DIS BY PROC: 07/27/11 DIS BY PROC: 07/27/11

ENTITY NAME: TRISTAR CONDOMINIUMS CORP. ENTITY NAME: MA SHIL RESTAURANT CORP. REINSTATE: 03/23/16 REINSTATE: 02/11/16 DIS BY PROC: 04/27/11 DIS BY PROC: 04/27/11

ENTITY NAME: 2 TAITCH 301 CORP. ENTITY NAME: MAC REALTY OF NY CORP. REINSTATE: 01/08/16 REINSTATE: 01/08/16 DIS BY PROC: 01/25/12 DIS BY PROC: 10/28/09

COUNTY: PUTNAM ENTITY NAME: NEW CITY RESTAURATION CORP REINSTATE: 02/09/16 ENTITY NAME: PYRAMID OPERATING GROUP, INC. DIS BY PROC: 07/27/11 REINSTATE: 02/04/16 DIS BY PROC: 04/27/11 ENTITY NAME: NORTHEAST PLANNING GROUP INC. REINSTATE: 01/26/16 COUNTY: QUEENS DIS BY PROC: 04/25/12

ENTITY NAME: A&L THAI RESTAURANT CORP. ENTITY NAME: NOVA GROUP PAINTERS, INC. REINSTATE: 03/21/16 REINSTATE: 02/08/16 DIS BY PROC: 10/26/11 DIS BY PROC: 01/27/10

ENTITY NAME: C.F. INTERNATIONAL INC. ENTITY NAME: OSMAN LIMO CORP. REINSTATE: 02/25/16 REINSTATE: 01/08/16 DIS BY PROC: 04/25/12 DIS BY PROC: 01/25/12

ENTITY NAME: C.F. INTERNATIONAL INC. ENTITY NAME: SABINA REALTY OF NEW YORK, INC. REINSTATE: 02/26/16 REINSTATE: 03/07/16 DIS BY PROC: 04/25/12 DIS BY PROC: 01/28/09

ENTITY NAME: CARNEGIE HILL ENTERPRISES, INC. ENTITY NAME: SANCOCHO'S BAR & RESTAURANT, INC. REINSTATE: 03/07/16 REINSTATE: 03/08/16 DIS BY PROC: 04/27/11 DIS BY PROC: 01/25/12

ENTITY NAME: CASALINO CARTING, INC. ENTITY NAME: SARANNO CONTRACTING SERVICES INC. REINSTATE: 02/26/16 REINSTATE: 02/16/16 DIS BY PROC: 09/24/97 DIS BY PROC: 01/26/11

ENTITY NAME: CHAHAT EXCLUSIVE, INC. ENTITY NAME: SPIRO ELECTRIC INC. REINSTATE: 01/07/16 REINSTATE: 03/30/16 DIS BY PROC: 07/27/11 DIS BY PROC: 09/29/93

ENTITY NAME: COLLEGIUM SOUND, INC. ENTITY NAME: STEPHEN M. WATSON ENTERPRISES INC. REINSTATE: 02/12/16 REINSTATE: 03/03/16 DIS BY PROC: 10/28/09 DIS BY PROC: 07/28/10

ENTITY NAME: DAVID BROADWIN REALTY CO. INC. ENTITY NAME: V&VCONSTRUCTION CORP. REINSTATE: 01/19/16 REINSTATE: 03/07/16 DIS BY PROC: 12/27/00 DIS BY PROC: 01/26/11

ENTITY NAME: DESENA PLUMBING INC. ENTITY NAME: VILLAGE BURGER CORP. REINSTATE: 03/23/16 REINSTATE: 01/04/16 DIS BY PROC: 06/24/92 DIS BY PROC: 01/26/11

ENTITY NAME: DITMARS SUPERMARKET, INC. ENTITY NAME: VITAL CAB CORP. REINSTATE: 03/08/16 REINSTATE: 01/07/16 DIS BY PROC: 10/28/09 DIS BY PROC: 10/28/09

ENTITY NAME: EMPIRE SCAFFOLDING SYSTEMS INC. ENTITY NAME: 147-20 REALTY CORP. REINSTATE: 02/09/16 REINSTATE: 03/31/16 DIS BY PROC: 07/29/09 DIS BY PROC: 04/27/11

83 Miscellaneous Notices/Hearings NYS Register/August 24, 2016

ENTITY NAME: 217 HILLSIDE CHICKEN CORP. ENTITY NAME: MARK A. CAULO, CERTIFIED PUBLIC AC- REINSTATE: 01/27/16 COUNTANT, P.C. DIS BY PROC: 01/26/11 REINSTATE: 03/16/16 DIS BY PROC: 07/27/11 ENTITY NAME: 43-30 44TH OWNERS CORP. REINSTATE: 03/02/16 ENTITY NAME: SAGAPONACK WINDOW WASHING, INC. REINSTATE: 03/11/16 DIS BY PROC: 01/28/09 DIS BY PROC: 10/26/11

COUNTY: RICHMOND ENTITY NAME: SATELITE PIZZA INC. REINSTATE: 02/19/16 ENTITY NAME: INNOVATIVE DESIGN TECHNOLOGIES, INC. DIS BY PROC: 04/25/12 REINSTATE: 03/03/16 DIS BY PROC: 06/30/04 ENTITY NAME: SJG ELECTRIC, INC. REINSTATE: 01/08/16 ENTITY NAME: WU-TANG PRODUCTION, INC. DIS BY PROC: 10/26/11 REINSTATE: 02/09/16 DIS BY PROC: 10/26/11 ENTITY NAME: TOM MCKEON, INC. REINSTATE: 01/14/16 COUNTY: ROCKLAND DIS BY PROC: 04/25/12

ENTITY NAME: NORTHLAND 72, LTD. COUNTY: ULSTER REINSTATE: 02/23/16 DIS BY PROC: 10/27/10 ENTITY NAME: HOGEBOOM & CAMPFIELD INCORPORATED REINSTATE: 03/01/16 COUNTY: SCHENECTADY DIS BY PROC: 10/28/09

ENTITY NAME: JADAH, INC. ENTITY NAME: KINGSTON PLAZA LAUNDROMAT, INC. REINSTATE: 03/04/16 REINSTATE: 03/10/16 DIS BY PROC: 04/29/09 DIS BY PROC: 01/25/12

COUNTY: SUFFOLK ENTITY NAME: NEVESSA PRODUCTION, INC. REINSTATE: 02/16/16 ENTITY NAME: CONTE'S BURGER HAVEN, INC. DIS BY PROC: 10/28/09 REINSTATE: 02/24/16 DIS BY PROC: 10/26/11 ENTITY NAME: WILSON'S MARKET OF ELLENVILLE, INC. REINSTATE: 03/01/16 ENTITY NAME: D & R MATERIALS, INC. DIS BY PROC: 06/26/02 REINSTATE: 02/03/16 DIS BY PROC: 09/25/91 COUNTY: WESTCHESTER

ENTITY NAME: DANNELLI INC. ENTITY NAME: AMERICAN MOBILE DENTAL, P.C. REINSTATE: 03/22/16 REINSTATE: 03/09/16 DIS BY PROC: 10/26/11 DIS BY PROC: 01/26/11

ENTITY NAME: ELITE PERFORMANCE MOTOR SPORTS, INC. ENTITY NAME: GLEN BRIBITZER PLUMBING & HEATING, REINSTATE: 03/15/16 INC. DIS BY PROC: 07/27/11 REINSTATE: 01/22/16 DIS BY PROC: 10/26/11 ENTITY NAME: EXCELLISOFT CORPORATION REINSTATE: 02/24/16 ENTITY NAME: HIGH-LOW LAMPS & GIFTS, INC. DIS BY PROC: 01/25/12 REINSTATE: 03/03/16 DIS BY PROC: 12/29/99 ENTITY NAME: FA LANDSCAPING & CONSTRUCTION, INC. REINSTATE: 03/03/16 ENTITY NAME: HOME GARAGE MAKEOVER INC. DIS BY PROC: 01/26/11 REINSTATE: 02/03/16 DIS BY PROC: 04/27/11 ENTITY NAME: FARMINGVILLE PINES HOLDING CORPORA- TION ENTITY NAME: HUNTING RIDGE MOTORS, INC. REINSTATE: 02/29/16 REINSTATE: 01/13/16 DIS BY PROC: 04/27/11 DIS BY PROC: 01/26/11

ENTITY NAME: FMCM CORP. ENTITY NAME: INTERSTATE THERMOGRAPHERS CORPO- REINSTATE: 01/11/16 RATION DIS BY PROC: 10/26/11 REINSTATE: 03/02/16 DIS BY PROC: 10/26/11 ENTITY NAME: LAKELAND AVENUE LANDSCAPE SUPPLY INC. ENTITY NAME: IT'S A MISHMASH-CREAMERY INC. REINSTATE: 02/08/16 REINSTATE: 03/18/16 DIS BY PROC: 07/27/11 DIS BY PROC: 01/26/11

84 NYS Register/August 24, 2016 Miscellaneous Notices/Hearings

ENTITY NAME: J. LENT ENTERPRISES, INC. ENTITY NAME: PUIG NORTH AMERICA BEAUTY, INC. REINSTATE: 02/02/16 REINSTATE: 02/12/16 DIS BY PROC: 10/28/09 DIS BY PROC: 04/27/11

ENTITY NAME: KARIA & CO. INC. ENTITY NAME: WORSHIP LUXURY, INC. REINSTATE: 02/03/16 REINSTATE: 03/02/16 DIS BY PROC: 07/27/11 DIS BY PROC: 04/25/12 ENTITY NAME: KENNEDY & COMPANY CONSULTING, INC. REINSTATE: 03/25/16 ENTITY NAME: 19 WARREN PLACE HOLDINGS INC. DIS BY PROC: 07/29/09 REINSTATE: 03/02/16 DIS BY PROC: 10/26/11 ENTITY NAME: KOS B. STREET REALTY, CORP. REINSTATE: 03/23/16 ENTITY NAME: 1933 AMSTERDAM AVENUE HOUSING DE- DIS BY PROC: 07/27/11 VELOPMENT FUND CORPORATION ENTITY NAME: LA CARPET & RUG INSTALLATIONS, INC. REINSTATE: 01/08/16 REINSTATE: 03/07/16 DIS BY PROC: 06/23/93 DIS BY PROC: 04/27/11 ENTITY NAME: 501 WEST 143 STREET HOUSING DEVELOP- ENTITY NAME: NURTEN, INC. MENT FUND CORPORATION REINSTATE: 01/14/16 REINSTATE: 01/14/16 DIS BY PROC: 07/27/11 DIS BY PROC: 06/23/93

ENTITY NAME: ODYSSEY MOTORS INC. COUNTY: QUEENS REINSTATE: 03/07/16 DIS BY PROC: 01/25/12 ENTITY NAME: SEPIATOWN INC. REINSTATE: 02/12/16 ENTITY NAME: PARADIGM SOLUTIONS, INC. DIS BY PROC: 07/27/11 REINSTATE: 01/11/16 DIS BY PROC: 01/26/11 COUNTY: RICHMOND

NOTICE OF ERRONEOUS INCLUSION ENTITY NAME: S.I. KNOCKOUT INC. IN DISSOLUTION BY PROCLAMATION OF CERTAIN BUSINESS CORPORATIONS REINSTATE: 03/29/16 DIS BY PROC: 10/26/11 Under the Provisions of Section 203-a of the Tax Law, As Amended The Secretary of State hereby provides notice that the following COUNTY: SUFFOLK corporations were erroneously included in proclamations declaring certain business corporations dissolved. The State Tax Commission ENTITY NAME: 8 WALL STREET CORPORATION has duly certified to the Secretary of State that the names of these corporations were erroneously included in such proclamations. The REINSTATE: 02/03/16 appropriate entries have been made on the records of the Department DIS BY PROC: 06/26/91 of State. COUNTY: WESTCHESTER COUNTY: ERIE ENTITY NAME: DISCIULLO & ASSOCIATES, P.C. ENTITY NAME: MCGIRR'S PATCHIN PLACE, INC. REINSTATE: 03/07/16 REINSTATE: 01/13/16 DIS BY PROC: 04/27/11 DIS BY PROC: 04/27/11 ENTITY NAME: EFFECTIVE TELEMARKETING, INC. COUNTY: KINGS REINSTATE: 02/19/16 DIS BY PROC: 01/27/10 ENTITY NAME: JIAN WEI REALTY CORP. REINSTATE: 01/28/16 DIS BY PROC: 07/28/10 ENTITY NAME: O.M.M. VENTILATION CORPORATION REINSTATE: 02/04/16 ENTITY NAME: MEDICAL REVIEW ASSOCIATES, INC. DIS BY PROC: 04/27/11 REINSTATE: 02/02/16 DIS BY PROC: 09/23/98 NOTICE OF ERRONEOUS INCLUSION IN ANNULMENT OF AUTHORITY OF ENTITY NAME: 14 EAST 96TH STREET HOUSING DEVELOP- CERTAIN FOREIGN CORPORATIONS MENT FUND CORPORATION Under the Provisions of Section 203-b of the Tax Law, As Amended REINSTATE: 02/04/16 DIS BY PROC: 03/25/92 The Secretary of State hereby provides notice that the following foreign corporations were erroneously included in proclamations COUNTY: NEW YORK declaring their authority to do business in this state annulled. The State Tax Commission has duly certified to the Secretary of State that ENTITY NAME: AMSTERDAM AVE. FISH MARKET, INC. the names of the following foreign corporations were erroneously REINSTATE: 03/29/16 included in such proclamations. The appropriate entries have been DIS BY PROC: 10/26/11 made on the records of the Department of State.

85 Miscellaneous Notices/Hearings NYS Register/August 24, 2016

COUNTY: ERIE ENTITY NAME: NETWORK SPECIALITY GROUP, INC. JURIS: MARYLAND ENTITY NAME: EZ ELECTRIC, INC. REINSTATE: 03/30/16 FICT NAME: EZ ELECTRIC OF WV ANNUL OF AUTH: 10/26/11 JURIS: WEST VIRGINIA REINSTATE: 02/02/16 COUNTY: ERIE ANNUL OF AUTH: 07/28/10 ENTITY NAME: FIRST FEDERAL CREDIT CONTROL, INC. COUNTY: JEFFERSON JURIS: OHIO REINSTATE: 02/10/16 ENTITY NAME: JAIN IRRIGATION, INC. ANNUL OF AUTH: 01/26/11 JURIS: CALIFORNIA REINSTATE: 02/17/16 COUNTY: ESSEX ANNUL OF AUTH: 01/25/12 ENTITY NAME: COBURN & MEREDITH, INC. COUNTY: NEW YORK JURIS: CONNECTICUT REINSTATE: 02/19/16 ENTITY NAME: AIR CARGO ASSOCIATES, INC. ANNUL OF AUTH: 04/27/11 JURIS: NEW JERSEY REINSTATE: 01/11/16 COUNTY: HERKIMER ANNUL OF AUTH: 04/27/11 ENTITY NAME: ALMA ENTERPRISES INC. ENTITY NAME: FINE PAINTING CO., INC. JURIS: DELAWARE JURIS: PENNSYLVANIA REINSTATE: 02/03/16 REINSTATE: 02/19/16 ANNUL OF AUTH: 01/25/12 ANNUL OF AUTH: 06/27/01 COUNTY: NEW YORK ENTITY NAME: WOLF-GORDON HOLDINGS, INC. JURIS: DELAWARE ENTITY NAME: CANOVA INC. REINSTATE: 01/08/16 FICT NAME: BARTOLOMEO BELLATI ANNUL OF AUTH: 10/26/11 JURIS: DELAWARE REINSTATE: 02/04/16 COUNTY: SUFFOLK ANNUL OF AUTH: 01/26/11

ENTITY NAME: MADRID SYSTEMS INC. ENTITY NAME: CHEN FOUNDATION, INC. JURIS: DELAWARE FICT NAME: CHEN FAMILY COMPANY REINSTATE: 01/11/16 JURIS: NEVADA ANNUL OF AUTH: 01/25/12 REINSTATE: 02/18/16 ANNUL OF AUTH: 06/30/04 NOTICE OF CANCELLATION OF ANNULMENT OF AUTHORITY OF ENTITY NAME: CMM TRANSPORTATION, INC. CERTAIN FOREIGN CORPORATIONS JURIS: DELAWARE Under the Provisions of Section 203-b of the Tax Law, As Amended REINSTATE: 01/28/16 The Secretary of State hereby provides notice that the following ANNUL OF AUTH: 06/15/88 foreign corporations, which had their authority to do business in this state annulled in the manner prescribed by Section 203-b of the Tax ENTITY NAME: GTL (USA) INC. Law, have complied with the provisions of subdivision (7) of Section JURIS: DELAWARE 203-b of the Tax Law, annulling all of the proceedings theretofore REINSTATE: 02/25/16 taken for the annulment of authority of each such corporation. The ap- ANNUL OF AUTH: 01/25/12 propriate entries have been made on the records of the Department of State. ENTITY NAME: INTERCO PROPERTIES, INC. JURIS: CALIFORNIA COUNTY: ALBANY REINSTATE: 02/24/16 ANNUL OF AUTH: 07/27/11 ENTITY NAME: AUDIT & ADJUSTMENT COMPANY, INC. JURIS: WASHINGTON ENTITY NAME: KERXTON INSURANCE AGENCY, INC. REINSTATE: 03/22/16 JURIS: VIRGINIA ANNUL OF AUTH: 01/26/11 REINSTATE: 03/02/16 ANNUL OF AUTH: 07/28/10 ENTITY NAME: CN UTILITY CONSULTING, INC. JURIS: IOWA ENTITY NAME: MARKO SPECIALTY INC. REINSTATE: 02/16/16 JURIS: NEW JERSEY ANNUL OF AUTH: 10/26/11 REINSTATE: 02/09/16 ANNUL OF AUTH: 01/25/12 ENTITY NAME: MOODY INSURANCE GROUP, INC FICT NAME: MIG AGENCY ENTITY NAME: MCCORMACK, BARON & ASSOCIATES, INC. JURIS: TEXAS JURIS: MISSOURI REINSTATE: 01/12/16 REINSTATE: 03/02/16 ANNUL OF AUTH: 04/27/11 ANNUL OF AUTH: 09/27/95

86 NYS Register/August 24, 2016 Miscellaneous Notices/Hearings

ENTITY NAME: MILLER INSULATION CO., INC. JURIS: NORTH DAKOTA Place: New York State Division of Criminal Justice REINSTATE: 02/23/16 Services Alfred E. Smith Office Bldg. ANNUL OF AUTH: 04/25/12 CrimeStat Rm. 118 80 S. Swan St. ENTITY NAME: MIRRIAD INC. Albany, NY FICT NAME: MIRRIAD INTERNATIONAL, DE. Video Confer- Empire State Development Corporation (ESDC) JURIS: DELAWARE ence Site: 633 3rd Ave. REINSTATE: 02/29/16 37th Fl./Conference Rm. ANNUL OF AUTH: 04/25/12 New York, NY *Identification and sign-in required at this location ENTITY NAME: PRIMEX PRIME ELECTRONIC EXECUTION, For further information, or if you need a reasonable accommoda- INC. tion to attend this meeting, contact: Catherine White, Division of JURIS: ILLINOIS Criminal Justice Services, Office of Forensic Services, 80 Swan St., REINSTATE: 01/08/16 Albany NY 12210, (518) 485-5052 ANNUL OF AUTH: 01/26/11

ENTITY NAME: TRI-ODYSSEY PEO INC. PUBLIC NOTICE JURIS: NEVADA Department of State REINSTATE: 01/08/16 F-2016-0287 ANNUL OF AUTH: 01/25/12 Date of Issuance – August 24, 2016 The New York State Department of State (DOS) is required by ENTITY NAME: 923 PARK VIEW CORPORATION Federal regulations to provide timely public notice for the activities JURIS: DELAWARE described below, which are subject to the consistency provisions of REINSTATE: 03/23/16 the Federal Coastal Zone Management Act of 1972, as amended. ANNUL OF AUTH: 12/31/03 The applicant has certified that the proposed activity complies with and will be conducted in a manner consistent with the approved New COUNTY: QUEENS York State Coastal Management Program (NYS CMP). The applicant's consistency certification and accompanying public informa- ENTITY NAME: U OCEAN USA CORP. tion and data are available for inspection at the New York State JURIS: CALIFORNIA Department of State offices located at One Commerce Plaza, 99 REINSTATE: 03/02/16 Washington Avenue, in Albany, New York. ANNUL OF AUTH: 09/27/95 In F-2016-0287, or “Block 7580, Lot 80, Page Avenue, Staten Island, NY”, the applicant, Lot 80, LLC, is proposing to construct a COUNTY: WESTCHESTER commercial development consisting of two free standing one story buildings, three connected one and two story buildings and associated ENTITY NAME: MERLMAX CHALLENGE HOME CARE, INC. parking areas. The site, located along Page Avenue between Richmond JURIS: DELAWARE Valley Road and South Bridge Street, is presently undeveloped and REINSTATE: 03/28/16 contains federal jurisdictional wetlands. The lot adjoins another ANNUL OF AUTH: 07/27/11 undeveloped lot containing federal and state regulated wetlands. Proj- ect drawings depict future development planned for the adjoining PUBLIC NOTICE lands as well. City of Corning The proposed activities would be undertaken within the coastal management boundary of the New York City Waterfront Revitaliza- The City of Corning is soliciting proposals from Administrative tion Program (WRP) and therefore all activities must be consistent Service Agencies and Financial Organizations for services in connec- with the policies of this Program as well as with the policies of the tion with a Deferred Compensation Plan that will meet the require- NYS CMP. Pursuant to the WRP, the project area is located within a ments of Section 457 of the Internal Revenue Code and the “Rules Recognized Ecological Complex (REC), “Outerbridge Ponds and and Regulations” [Parts 9000 to 9006 of Subtitle II of Title 9 NYCRR Woodlands. An REC is defined as an area containing valuable natural (“Subtitle II”)] promulgated by the New York State Deferred Compen- and ecological resources which may be otherwise fragmented or sation Board pursuant to the authority granted by the State Finance interspersed with development. Such a designation results from their Law, Article 2, Section 5. suitability and priority for consideration as restoration sites or for A copy of the proposed questionnaire may be obtained from: acquisition. These areas are identified also as a regional priority con- Kathryn Koegel, Finance Director, City of Corning, 500 Nasser Civic servation area for Staten Island within the New York State Open Space Center Plaza, Corning, NY 14830, (607) 962-0340 ext. 1149, Plan (2009). Reference is made to properties comprising Staten Island [email protected] Wet Woods, described as “Moist hardwood forest in southern Staten All proposals must be submitted by October 7, 2016. Island that form an intermediate community between maritime shrub forest and forested uplands. These properties contain ponds, streams, and wetlands.” They include “Outerbridge Ponds … These 14 acres of PUBLIC NOTICE pine-oak barrens and sedge ponds represent ecosystems rare in New Division of Criminal Justice Services York City.” Commission on Forensic Science In addition to ecosystem concerns, the functional hydrologic and Pursuant to Public Officers Law section 104, the Division of Crim- flood storage values of the existing wetlands complex within the local inal Justice Services gives notice of a meeting of the New York State watershed is an important consideration in siting any development. Commission on Forensic Science to be held on: The current proposal, which is for Lot 80 alone, would significantly change the dominant land cover, introducing impervious surfaces for Date: Wednesday, September 14, 2016 buildings and parking, and would fill wetland area. Mitigation for Time: 9:00 a.m.-1:00 p.m. wetland loss, in the form of the removal of invasive Phragmites australis, is proposed in the southern corner of the property.

87 Miscellaneous Notices/Hearings NYS Register/August 24, 2016

Any interested parties and/or agencies desiring to express their species; and installation of coir mats as needed to stabilize slope areas views concerning any of the above proposed activities may do so by for restoration. filing their comments, in writing, no later than 4:30 p.m., 30 days Any interested parties and/or agencies desiring to express their from the date of publication of this notice or September 23, 2016. views concerning any of the above proposed activities may do so by Comments should be addressed to the Consistency Review Unit, filing their comments, in writing, no later than 4:30 p.m., 30 days Department of State, Office of Planning and Development, One Com- from the date of publication of this notice or September 23, 2016. merce Plaza, 99 Washington Ave., Albany, NY 12231. (518) 474- Comments should be addressed to the Consistency Review Unit, 6000; Fax (518) 473-2464. Electronic submissions can be made by Department of State, Office of Planning and Development, One Com- email at: [email protected]. merce Plaza, 99 Washington Ave., Albany, NY 12231. (518) 474- This notice is promulgated in accordance with Title 15, Code of 6000; Fax (518) 473-2464. Electronic submissions can be made by Federal Regulations, Part 930. email at: [email protected]. This notice is promulgated in accordance with Title 15, Code of PUBLIC NOTICE Federal Regulations, Part 930. Department of State F-2016-0303 PUBLIC NOTICE Date of Issuance – August 24, 2016 Susquehanna River Basin Commission Commission Meeting The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities SUMMARY: The Susquehanna River Basin Commission will hold described below, which are subject to the consistency provisions of its regular business meeting on September 8, 2016, in Cooperstown, the Federal Coastal Zone Management Act of 1972, as amended. New York. Details concerning the matters to be addressed at the busi- The applicant has certified that the proposed activity complies with ness meeting are contained in the Supplementary Information section and will be conducted in a manner consistent with the approved New of this notice. York State Coastal Management Program (NYS CMP). The ap- DATES: The meeting will be held on Thursday, September 8, 2016, plicant's consistency certification and accompanying public informa- at 9 a.m. tion and data are available for inspection at the New York State ADDRESSES: The meeting will be held at The Otesaga Resort Department of State offices located at One Commerce Plaza, 99 Hotel, Ballroom, 60 Lake St., Cooperstown, NY 13326. Washington Avenue, in Albany, New York. FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, In F-2016-0303, or “Canal Properties, LLC”, the applicant “R- General Counsel, telephone: (717) 238-0423, ext. 1312; fax: (717) Squared Development, LLC” or Gregg Rechler, member of each 238-2436. aforementioned entity, is proposing to modify an existing boat basin. SUPPLEMENTARY INFORMATION: The business meeting will The project would include reconfiguration of existing piles to allow include actions or presentations on the following items: (1) informa- construction of additional boat slips which would accommodate tional presentation of interest to the Upper Susquehanna Subbasin twenty (20) more vessels. No other changes to the marina basin are area; (2) proposed rescission of the Commission’s Information proposed at this time. The site is located on the eastern side of the Technology Services Fee Policy; (3) ratification/approval of contracts/ Shinnecock Canal +/- 50 feet north of an elevated road along the grants; (4) release of proposed rulemaking for public comment; (5) Montauk Highway (County Route 80) and immediately south of a notice for Montage Mountain Resorts, LP project sponsor to appear Long Island Railroad (LIRR) bridge. According to the information and show cause before the Commission; and (6) Regulatory Program received by the Department of State, the proposed actions do not ap- projects, including a request to extend an emergency certificate for pear to constitute an increase in the footprint of the existing basin nor Furman Foods, Inc. an expansion of the marina facility. Projects and proposed rescission of the Commission’s Information Other shoreline activities proposed, which may or may not be au- Technology Services Fee Policy listed for Commission action are thorized under U.S. Army Corps of Engineers nationwide permits, those that were the subject of a public hearing conducted by the Com- include replacement of an existing rubble mound revetment located mission on August 4, 2016, and identified in the notice for such hear- along the southern section of the property. The new revetment would ing, which was published in 81 FR 44407, July 7, 2016. be +/- 330 feet in length, requiring the placement of +/- 600 cubic The public is invited to attend the Commission’s business meeting. yards of 1-2 ton stone and +/- 220 cubic yards of 3-6 inch stone below Comments on the Regulatory Program projects and proposed rescis- the spring high water (SHW) mark. Approximately 1,440 cubic yards sion of the Commission’s Information Technology Services Fee of the existing slope located below SHW is proposed to be removed Policy were subject to a deadline of August 15, 2016. Written com- for installation of the revetment. A 30 linear foot aluminum gangway ments pertaining to other items on the agenda at the business meeting is proposed to be replaced with the existing gangway which leads to may be mailed to the Susquehanna River Basin Commission, 4423 an existing floating dock that is to remain. Additionally, an upland North Front Street, Harrisburg, Pennsylvania 17110-1788, or submit- scour area landward of the revetment is proposed to be filled with ted electronically through http://www.srbc.net/pubinfo/ clean material from an approved upland source, +/- 35 cubic yards of publicparticipation.htm. Such comments are due to the Commission which will be placed below SHW. on or before September 2, 2016. Comments will not be accepted at the The proposed activities support a larger development proposal business meeting noticed herein. which would develop the upland property with 37 residential units AUTHORITY: Pub. L. 91-575, 84 Stat. 1509 et seq., 18 CFR Parts and associated drainage and landscaping. A “drainage reserve area” is 806, 807, and 808. proposed to be located adjacent to the shoreline. The applicant states that the project would reduce impervious surfaces to +/- 1,814 square Dated: August 5, 2016. feet within the NYS DEC jurisdictional tidal wetland adjacent area. Stephanie L. Richardson Cut and fill proposed for the development activities include removal Secretary to the Commission. of 136 cubic yards of material and placement of 177 cubic yards, with a net increase of 41 CY of fill within the tidal wetland adjacent area. PUBLIC NOTICE Additional project elements include a proposed +/- 890 square feet public deck; +/- 200 square feet timber ramp; +/- 95 square feet timber Department of Taxation and Finance stairs; +/-30 linear feet aluminum gangway on the south side of the Interest Rates property; and +/- 510 square feet of open grate deck and associated The Commissioner of Taxation and Finance hereby sets the interest stairs down the bluff are proposed on the north side of the property; rates for the months of October, November, December, 2016 pursuant selective removal of invasive species and re-vegetation with native to sections 697(j) and 1096(e) of the Tax Law, as follows:

88 NYS Register/August 24, 2016 Miscellaneous Notices/Hearings

For purposes of section 697(j) the overpayment rate of interest is *** Under section 527(f) of the Tax Law, the interest rates relating set at 3 percent per annum, and the underpayment rate of interest is set to the Fuel Use tax are set pursuant to the International Fuel Tax at 7.5 percent per annum. For purposes of section 1096(e), the over- Agreement (IFTA). For more information regarding IFTA interest payment rate of interest is set at 3 percent per annum, and the rates, see www.iftach.org. underpayment rate of interest is set at 8 percent per annum. (The underpayment rates set pursuant to sections 697(j) and 1096(e) may For further information contact: Kathleen O’Connell, Office of not be less than 7.5 percent per annum.) Pursuant to section 1145(a)(1) Counsel, Department of Taxation and Finance, W. A. Harriman of the Tax Law, the underpayment rate for State and local sales and Campus, Albany, NY 12227, (518) 530-4153 use taxes administered by the Commissioner of Taxation and Finance For rates for previous periods, visit the Department of Taxation and is 14.5 percent per annum. The underpayment rate for the special as- Finance website: www.tax.ny.gov/taxnews/intcurr.htm sessments on hazardous waste imposed by section 27-0923 of the Environmental Conservation Law is 15 percent. For the interest rates applicable to overpayments (refunds) and underpayments (late payments and assessments) of the following taxes administered by the Commissioner of Taxation and Finance for the period October 1, 2016 through December 31, 2016, see the table below: 10/1/16 - 12/31/16 Interest Rate Per Annum Compounded Daily

Commonly viewed tax types Refunds Late Payments & Assessments Income ** 3% 7.5% Sales and use 3% 14.5% * Withholding 3% 8% Corporation ** 3% 8% All other tax types Refunds Late Payments & Assessments Alcoholic Beverage 3% 8% Beverage Container Deposits 3% 8% Boxing & Wrestling 3% 8% Cigarette NA 8% Diesel Motor Fuel 3% 8% Estate 3% 7.5% Fuel Use Tax *** *** Generation-Skipping Transfer 3% 7.5% Hazardous Waste 3% 15% Highway Use 3% 8% Medical Marihuana 3% 8% New York City Taxicab and Hail 3% 8% Vehicle Trip Tax Metropolitan Commuter 3% 7.5% Transportation Mobility Tax Mortgage Recording 3% 8% Motor Fuel 3% 8% Petroleum Business 3% 8% Real Estate Transfer 3% 8% Tobacco Products NA 8% Waste Tire Fee 3% 8%

* The Tax Law requires the interest rate on sales tax assessments or late payments to be set at 14-1/2% for this quarter. However, if the Commissioner determines that the failure to pay or the delay in payment is due to reasonable cause and not willful neglect, the Commis- sioner may impose interest at the corporation tax late payment and assessment rate. That rate is 8% for this quarter. ** There are a number of state and local governmental bodies that have interest rates tied to the overpayment and underpayment rates contained in either section 697(j) (Income Tax) or section 1096(e) (Corporation Tax) of the Tax Law. For purposes of section 697(j) and section 1096(e) of the Tax Law, the overpayment rate for this period is 3%. For purposes of section 697(j) of the Tax Law, the underpayment rate for this period is 7.5%. For purposes of section 1096(e) of the Tax Law, the underpayment rate for this period is 8%.