October 11, 2017 DEPARTMENT OF STATE Vol. XXXIX Division of Administrative Rules Issue 41 NEW YORK STATE REGISTER

INSIDE THIS ISSUE: D Nationwide Multistate Licensing System and Registry D Undergrounding Provisions of the Authority’s Tariff for Electric Service D Rates for the Sale of Power and Energy Notice of Availability of State and Federal Funds Executive Orders

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; and for 30 days after publication of a Notice of Revised Rule Making, or a Notice of Emergency Adoption and 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 45-day period expires on November 25, 2017 – the 30-day period expires on November 10, 2017 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 com- ments 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 ad- dress in Notices of Proposed Rule Making. This includes Proposed, Emergency Proposed, Revised Proposed and Emergency Revised Proposed rule makings.

To be considered, comments should reach the agency before expiration of the public comment period. The law provides for a minimum 45-day public comment period after publication in the Register of every No- tice of Proposed Rule Making, 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 expiration of the public com- ment period.

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

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New York State Register October 11, 2017/Volume XXXIX, Issue 41

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

Individuals may send public comment via electronic mail to those recipients who provided an e-mail address in Notices of Proposed Rule Making. This includes Proposed, Emergency Proposed, Revised Proposed and Emergency Revised Proposed rule makings. Choose pertinent issue of the Register and follow the procedures on the website (www.dos.ny.gov) Rule Making Activities Alcoholism and Substance Abuse Services, Office of 1 / Establishment, Incorporation and Certification of Providers of Substance Use Disorder Services (P) Commissioner of Pilots, Board of 2 / Sandy Hook Pilot Apprentices (P) Elections, State Board of 3 / Designation of Treasurer Removal Committee and Related Procedures (RP) Financial Services, Department of 4 / Nationwide Multistate Licensing System and Registry (E) Gaming Commission, New York State 6 / New York Lottery Draw Game Rules, Including Rules Implementing Changes to the Mega Millions Lottery Game (A) Health, Department of 7 / Hospital Indigent Care Pool Payment Methodology (A) Long Island Power Authority 7 / Undergrounding Provisions of the Authority’s Tariff for Electric Service (P) 7 / Remote Meter Reading Provisions of the Authority’s Tariff for Electric Service (P) 8 / Net Energy Metering Provisions of the Authority’s Tariff for Electric Service (P) People with Developmental Disabilities, Office for 8 / Representative Payee (A) Power Authority of the State of New York 10 / Rates for the Sale of Power and Energy (P) Public Service Commission 11 / Submetering of Electricity (A) 11 / Water Supply Agreement and Temporary Waiver (A) 11 / Submetering of Electricity (A) 12 / Petition for Rehearing (A) 12 / Submetering of Electricity and Waiver Request (A) 12 / Submetering of Electricity (A) 13 / Suez Westchester’s Private Fire Hydrant Rates (A) 13 / Submetering of Electricity and Waiver Request (A) 13 / Submetering of Electricity (A) 13 / Tariff Amendments (A) 14 / Water Supply Agreement and Tariff Waivers (A) 14 / Major Electric Rate Filing (P) 15 / Major Gas Rate Filing (P) 15 / Petition to Submeter Electricity (P) 15 / Notice of Intent to Submeter Electricity (P) 16 / Petition to Submeter Electricity (P) Temporary and Disability Assistance, Office of 16 / Mandated Reporter Requirement and Background Checks (A) Hearings Scheduled for Proposed Rule Makings / 18 Action Pending Index / 19

Securities Offerings 67 / State Notices

Advertisements for Bidders/Contractors 69 / Sealed Bids

Notice of Availability of State and Federal Funds 75 / New York Homes and Community Renewal

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

Executive Orders 87 / Executive Order No. 165.4: Continuing the Declaration of a Disaster Emergency within the Territo- rial Boundaries of the Counties of Cayuga, Jefferson, Monroe, Niagara, Orleans, Oswego, Saint Lawrence, and Wayne. 87 / Executive Order No. 170: State Policy Concerning Immigrant Access to State Services. RULE MAKING ACTIVITIES

Each rule making is identified by an I.D. No., which consists (a) Notwithstanding section 32.05 of the mental hygiene law, a program organized, operated or authorized by the Federal Government to operate of 13 characters. For example, the I.D. No. AAM-01-96- as an Indian Health Service facility, with an alcohol/substance abuse 00001-E indicates the following: program, is not required to obtain Office certification provided such ser- vice meets the applicable standards for certification. AAM -the abbreviation to identify the adopting agency (b) An attestation from the facility that such facility is authorized by the 01 -the State Register issue number federal government shall be recognized by the Office as evidencing the ap- 96 -the year plicable standards for certification. (c) Such facility may not be denied participation as a Medicaid provider 00001 -the Department of State number, assigned upon on the basis of a lack of certification and shall be afforded the same rights, receipt of notice. opportunities and obligations as any other qualified provider. E -Emergency Rule Making—permanent action Section 810.18 is renumbered to read as follows: not intended (This character could also be: A 810.19 [8] Severability. If any provision of this Part of the application thereof to any person or for Adoption; P for Proposed Rule Making; RP circumstance is held invalid, such invalidity shall not affect other provi- for Revised Rule Making; EP for a combined sions or applications of this Part which can be given effect without the in- Emergency and Proposed Rule Making; EA for valid provisions or applications, and to this end the provisions of this Part are declared to be severable. an Emergency Rule Making that is permanent Text of proposed rule and any required statements and analyses may be and does not expire 90 days after filing.) obtained from: Carmelita Cruz, NYS OASAS, 1450 Western Avenue, Italics contained in text denote new material. Brackets Albany, NY 12203, (518) 485-2312, email: [email protected] Data, views or arguments may be submitted to: Same as above. indicate material to be deleted. Public comment will be received until: 45 days after publication of this notice. Five-Year Review of Existing Rules The proposed rule amends Part 810 to require recognition of Indian Health Services (IHS) alcohol/substance abuse programs as having the same Office of Alcoholism and rights, opportunites and obligations as other OASAS certified, funded or otherwise authorized programs. This recognition will allow IHS facilities Substance Abuse Services with an alcohol/substance abuse program to bill Medicaid for addiction services that would otherwise require OASAS certification. Medicaid costs for Native Americans are fully funded by the federal government so there PROPOSED RULE MAKING are no increased costs to the NYS Medicaid program or impact on the NO HEARING(S) SCHEDULED global cap. Few exceptions exist to allow IHS facilities to serve non- Native American populations so any increased costs to the Medicaid Establishment, Incorporation and Certification of Providers of program for non-Native populations are negligible. This rule will not Substance Use Disorder Services impact technology, economic conditions or other factors as these programs are already providing addiction services. As the heroin/opioid epidemic I.D. No. ASA-41-17-00001-P rages across NYS, including in our Native communities, it is important that we are providing every opportunity for expansion of addiction treat- PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- ment programs. Allowing IHS facilities with an alcohol/substance abuse cedure Act, NOTICE is hereby given of the following proposed rule: program to bill Medicaid for services that would otherwise require Proposed Action: Amendment of Part 810 of Title 14 NYCRR. OASAS certification, as mandated by federal law, will provide increased revenue to not only sustain those programs but also to hire additional staff Statutory authority: Mental Hygiene Law, sections 19.07, 19.09, 19.20, and expand services available to Native communities. 19.20-a, 19.21, 19.40, 32.01, 32.05, 32.07, 32.09, 32.21, 32.29 and 32.31; Business Corporation Law, section 406; Civil Service Law, section 50; Regulatory Impact Statement Not-for-Profit Corporation Law, section 404; Executive Law, Protection of 1. Statutory Authority: People with Special Needs Act, L. 2012, ch. 501; 42 C.F.R. 431.110 (a) Section 19.07(c) of the Mental Hygiene Law (MHL) charges the of- fice with the responsibility to ensure that persons who abuse or are depen- Subject: Establishment, Incorporation and Certification of Providers of dent on alcohol and/or substances and their families are provided with Substance Use Disorder Services. care and treatment that is effective and of high quality. Purpose: Clarifies the obligation to recognize alcohol/substance abuse (b) Section 19.07(e) of the MHL authorizes the commissioner to adopt programs operated by Indian Health Services facilities. standards including necessary rules and regulations pertaining to chemical Text of proposed rule: 14 NYCRR Part 810 is amended to read as follows: dependence treatment services. Section 810.2 is amended by adding a new subdivision (s) to read as (c) Section 19.09(b) of the MHL authorizes the commissioner to adopt follows: regulations necessary and proper to implement any matter under his or her (s) 42 CFR 431.110 relates to federal requirements that New York State’s jurisdiction. Medicaid State Plan provide for the acceptance of Indian Health Services (d) Section 19.20 of the MHL requires review of criminal history infor- facilities as a Medicaid provider on the same basis as any other qualified mation review concerning certain prospective employees and volunteers provider. of providers of services certified, operated or otherwise authorized by the Part 810 is amended by adding a new section 810.18 to read as follows: office. 810.18 Indian Health Service (IHS) Programs. (e) Section 19.20-a of the MHL authorizes the office to receive and

1 Rule Making Activities NYS Register/October 11, 2017 review criminal history information from the Justice Center related to 6. Local Government Mandates: This regulation imposes no new persons seeking to be credentialed or applicants for an operating certifi- mandates on local government. cate issued by the office. 7. Duplication: This proposed rule does not duplicate any state or (f) Section 19.21(b) of the MHL requires the commissioner to establish federal statute or rule. and enforce regulations concerning the licensing, certification, and inspec- 8. Alternatives: The alternative is to require OASAS certification of tion of chemical dependence treatment services. Indian Health Services alcohol/substance abuse programs under all (g) Section 19.21(d) of the MHL requires the office to establish reason- circumstances. However, that would be contrary to federal rules regarding able performance standards for providers of services certified by the office. recognition of Indian Health Services alcohol/substance abuse programs. (h) Section 19.40 of the MHL authorizes the commissioner to issue 9. Federal Standards: These amendments do not conflict with federal operating certificates for the provision of chemical dependence treatment standards. services. 10. Compliance Schedule: These regulations will be effective upon (i) Section 32.01 of the Mental Hygiene Law authorizes the commis- publication of a Notice of Adoption in the State Register. sioner to adopt any regulation reasonably necessary to implement and ef- Regulatory Flexibility Analysis fectively exercise the powers and perform the duties conferred by article OASAS has determined that the rule will not impose any adverse eco- 32 of the Mental Hygiene Law. nomic impact or reporting, recordkeeping or other compliance require- (j) Section 32.05 of the MHL provides that no substance use disorder ments on small businesses or local governments. This rulemaking pro- services may be established without the approval of the commissioner. posal has been reviewed and approved (July 12, 2017) by the Behavioral (k) Section 32.07(a) of the MHL authorizes the commissioner to adopt Health Services Advisory Council consisting of affected OASAS provid- regulations to effectuate the provisions and purposes of article 32 of the ers of all sizes from diverse municipalities, and including local MHL. governments. The proposal is supported by providers because it recog- (1) Section 32.09 of the MHL contains criteria that the commissioner nizes Indian Health Services (IHS) alcohol/substance abuse programs as must consider when issuing an operating certificate. having the same rights, opportunities and obligations as OASAS certified (m) Section 32.21 of the MHL provides the commissioner with the authority to suspend, revoke or limit operating certificates and imposition programs which will allow for Medicaid reimbursement for services of fines. provided to Native populations at these IHS facilities. (n) Section 32.29 of the MHL authorizes the commissioner to approve Rural Area Flexibility Analysis the construction of a facility for which an operating certificate will be OASAS has determined that the rule will not impose any adverse impact issued. on rural areas or reporting, recordkeeping or other compliance require- (o) Section 32.31 of the MHL provides the process for the establish- ments on public or private entities in rural areas. This rulemaking proposal ment or incorporation of facilities for substance use disorder services. has been reviewed and approved (July 17, 2017) by the Behavioral Health (p) Section 406 of the Business Corporation Law requires any corpora- Services Advisory Council consisting of affected OASAS providers of all tion which intends to establish or operate a program of services for sizes from diverse municipalities, and including local governments. The substance use disorder to obtain the approval of the commissioner as to proposal is supported by providers because it recognizes Indian Health the proposed filing of its certificate of incorporation. Services (IHS) alcohol/substance abuse programs as having the same (q) Section 404(u) of the Not-For-Profit Corporation Law gives the rights, opportunities and obligations as OASAS certified programs which commissioner the responsibility of approving the certificate of incorpora- tion of any corporation which intends to establish or operate a substance will allow for Medicaid reimbursement for services provided to Native use disorder program. populations at these IHS programs. (r) The Protection of People with Special Needs Act (chapter 501 of the Job Impact Statement Laws of 2012) establishes the Justice Center for the Protection of People OASAS is not submitting a Job Impact Statement for this rulemaking. with Special Needs (Justice Center) and requires criminal information his- OASAS does not anticipate a substantial adverse impact on jobs and tory reviews of all applicants for authorization to operate a program of ser- employment opportunities because these services are already being vices for substance use disorder; and of all employees, contractors, or provided by staff employed at Indian Health Service facilities. volunteers of such certified program who will have the potential for, or may be permitted, regular and substantial unsupervised or unrestricted physical contact with the clients in such treatment facilities. (s) 42 CFR 431.110 relates to federal requirements that New York Board of Commissioner of State’s Medicaid State Plan provide for the acceptance of Indian Health Services facilities as a Medicaid provider on the same basis as any other Pilots qualified provider. 2. Legislative Objectives: The Proposed Rule Amends Part 810 to clarify the obligation to recognize programs organized, operated or autho- rized by the Indian Health Service (IHS) as an alcohol/substance abuse PROPOSED RULE MAKING program, on the same basis as any other qualified OASAS certified, funded NO HEARING(S) SCHEDULED or otherwise authorized program, and guarantees the same rights, op- portunities and obligations as any other qualified program. The state has a Sandy Hook Pilot Apprentices broad public health interest in ensuring that addiction treatment facilities operated by the Indian Health Service are guaranteed the same rights, op- I.D. No. COP-41-17-00009-P portunities and obligations as any other qualified OASAS program, includ- ing billing Medicaid for services provided. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- 3. Needs and Benefits: This regulation clarifies the obligation of exist- ing federal law. Alcohol/substance abuse programs operated by Indian cedure Act, NOTICE is hereby given of the following proposed rule: Health Services need not obtain OASAS certification provided such Proposed Action: Amendment of section 51.1 of Title 21 NYCRR. programs otherwise meet the standards for certification. New York State is Statutory authority: Navigation Law, section 95 (McKinney) in the midst of a heroin/opioid epidemic that takes thousands of lives each Subject: Sandy Hook Pilot Apprentices. year. Barriers to reimbursing addiction services must be eradicated in or- der to sustain the infrastructure to support providing addiction treatment Purpose: To amend the Sandy Hook pilot apprenticeship program. services. This amendment will clarify the authorization of federal Substance of proposed rule (Full text is posted at the following State programs to bill Medicaid for addiction treatment services that would website: http://static1.1.sqspcdn.com/static/f/1314440/27700392/ otherwise require OASAS certification. 1506390833090/SandyHookPilotApprectices.pdf?token=a4Odu 4. Costs: The Office anticipates no fiscal impact on providers or local OZHr%2FMig31G7AOluCFwn54%3D): The accompanying regulatory governments, job creation or job loss, because the provisions are ap- language makes modifications to 21 NYCRR 51.1 relating to the neces- plicable to Medicaid billing for Native American populations which are sary qualifications and application procedures for persons seeking to be federally funded services. Any non-native populations served at Indian admitted to the apprenticeship program for Sandy Hook pilots. The Health Services facilities will be negligible as few exceptions exist for language also amends procedure for the dismissal or suspension of ap- non-native individuals to access said services. prentices and the examinations associated with the apprenticeship. 5. Paperwork: The proposed regulatory amendments will not require Text of proposed rule and any required statements and analyses may be additional paperwork because the federal programs at issue are already obtained from: Frank Keane, Board of Commissioner of Pilots of the billing Medicaid for services provided at the Indian Health Services facili- State of New York, 17 Battery Place, Suite 1230, New York, NY 10004, ties, including some addiction treatment services. (212) 425-5027, email: [email protected]

2 NYS Register/October 11, 2017 Rule Making Activities

Data, views or arguments may be submitted to: Same as above. openings for applicant apprentices on the Board of Commissioners of Public comment will be received until: 45 days after publication of this Pilots website. notice. Regulatory Impact Statement 1. Statutory authority: The Board of Commissioners of Pilots has the authority under N.Y. Nav. Law § 95 to alter or amend any existing regula- State Board of Elections tion for pilots, and make, duly promulgate and enforce new rules or regulations. 2. Legislative objectives: The legislature specifically stated that the de- REVISED RULE MAKING cision of a majority of the commissioners shall be conclusive upon all questions arising under Article 6 of the state Navigation Law. NO HEARING(S) SCHEDULED 3. Needs and benefits: The rule is being updated to reflect changes to the necessary qualifications and application procedures, and the general Designation of Treasurer Removal Committee and Related outline of the required apprenticeship program and licensure examination Procedures procedures for persons wishing to be admitted to the apprenticeship program for Sandy Hook pilots. I.D. No. SBE-21-17-00005-RP 4. Costs: There are no associated costs with this rule. 5. Local government mandates: There are no programs, services, duties PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- or responsibilities imposed by the rule upon any county, city, town, vil- cedure Act, NOTICE is hereby given of the following revised rule: lage, school district, fire district or other special district. 6. Paperwork: There is no additional need for any reporting require- Proposed Action: Addition of section 6200.7 to Title 9 NYCRR. ments, including forms and other paperwork that would be required as a Statutory authority: Election Law, sections 3-102(1), (17), 14-102(3) and result of the rule. 14-104 7. Duplication: There are no relevant rules and other legal requirements Subject: Designation of treasurer removal committee and related of the state and federal governments that may duplicate, overlap or conflict procedures. with the rule. Purpose: To implement the process of treasurer removal provided for by 8. Alternatives: No significant alternative proposals were given part C of chapter 286 of the Laws of 2016. consideration before deciding on the final rule. 9. Federal standards: The state licensed pilot exceeds the requirements Text of revised rule: A new subdivision (c) is added to section 6200.7 to for a federally licensed pilot. New York State requires all foreign flag and read as follows: US flag vessels sailing to/from foreign ports to take a state licensed pilot (c)(1) Treasurer Removal Committee. A treasurer removal committee whose training will ensure that these pilots charged with this responsibil- may only be established for single authorized candidate committees or ity are qualified with the highest levels of training, education and multi-candidate authorized committees. experience. A candidate who is the sole authorizing candidate of a political com- 10. Compliance schedule: Regulated persons will be able to achieve mittee may designate a treasurer removal committee for such political compliance with the rule immediately. committee. A treasurer removal committee for a political committee authorized by Regulatory Flexibility Analysis more than one candidate is designated when all candidates authorizing 1. Effect of rule: The rule will have no effect on small businesses and such political committee make a unanimous designation. If such multi- local governments. candidate committee is subsequently authorized by one or more additional 2. Compliance requirements: There are no associated reporting, candidates, the treasurer removal committee designated prior to such ad- recordkeeping or other affirmative acts that a small business or local ditional candidate(s)’ authorization shall remain operative for such com- government will have to undertake to comply with the rule. mittee until revoked or amended unanimously by all of the candidates 3. Professional services: There are no types of professional services that composing the multi-candidate committee at the time of such amendment a small business or local government is likely to need to comply with the or revocation. rule. The designation of the treasurer removal committee shall be in a writ- 4. Compliance costs: There are no estimated initial capital, continuing, ing duly filed with the appropriate filing officer, and such designation may or annual compliance costs that will be incurred by a regulated business or be likewise amended or revoked at any time in the same manner as the industry or local government to comply with the rule. original designation. 5. Economic and technological feasibility: This rule creates no eco- (2) Powers and Composition of Treasurer Removal Committee. A nomic and technological compliance requirements for small businesses treasurer removal committee shall have at least three members. The trea- and local governments. surer removal committee may at any time remove the treasurer and /or ap- 6. Minimizing adverse impact: This rule will have no adverse economic point a new treasurer, pursuant to section 14-104 of the election law. Such impact on small businesses or local governments. removal and/or appointment shall be made in a writing signed by a major- 7. Small business and local government participation: The rule will be ity of the treasurer removal committee and shall be filed forthwith with the published in the New York Department of State Website for a 45-day com- appropriate filing officer. If the removal of a treasurer does not coincide ment period. with the appointment of a new treasurer, as provided by law, no officer, Rural Area Flexibility Analysis member or agent of the political committee shall receive any receipt, 1. Types and estimated numbers of rural areas: This rule will have no transfer or contribution, or make any expenditure or incur any liability impact on rural areas. until the new treasurer and depository are chosen and indicated on a form 2. Reporting, recordkeeping and other compliance requirements; and filed with the appropriate filing officer. professional services: Rural areas will not have any reporting, recordkeep- (3) Removal Notice and Responsibilities of Removed Treasurer. ing and other compliance requirements under this rule, nor will rural areas (a) A written removal notice shall be provided by the treasurer re- need any kinds of professional services that are likely to comply with the moval committee to the removed treasurer on a form to be prescribed by rule. the state board of elections. Such notice shall inform the removed trea- 3. Costs: There will be no initial capital costs or any annual costs to surer of the requirements of this paragraph clearly and concisely. comply with the rule for public and private entities in rural areas. (b) Within three business days of receiving such notification, the 4. Minimizing adverse impact: This rule focuses on the Sandy Hook removed treasurer shall: (i) make and file a statement of receipts and Pilot apprentice program based in the greater New York City area. expenditures with the appropriate filing officer covering the time period 5. Rural area participation: The rule will be published in the New York from the last disclosure report filed and the date of removal; (ii) make and Department of State Website for a 45-day comment period. file any necessary disclosure reports or amendment of disclosure reports Job Impact Statement due as a result of any outstanding deficiency notices received from the 1. Nature of impact: The rule will create employment opportunities for State Board of Elections Compliance Unit pursuant to Election Law § 3- young men and women seeking jobs in the marine transportation industry. 104-a; (iii) surrender the records, property and funds of the political com- 2. Categories and numbers affected: The rule will create and sustain mittee in his or her possession to the new treasurer; (iv) make copies of jobs in the marine transportation industry. the records of the political committee required to be retained by the trea- 3. Regions of adverse impact: The rule would have no disproportionate surer and retain such copies for the applicable five year period in accor- adverse impact on jobs or employment opportunities in any region of the dance with Election Law § 14-118 (1); (v) take all necessary steps to state. permit the new treasurer to access the records, property and funds of the 4. Minimizing adverse impact: The rule publicizes the availability of committee in the possession of any third parties. On or after ten days after

3 Rule Making Activities NYS Register/October 11, 2017 receiving notification of removal of a treasurer, the State Board of Elec- promulgate the rules on an emergency basis for the furtherance of the gen- tions shall cancel the filing authorization pin previously provided to such eral welfare. treasurer. Subject: Nationwide Multistate Licensing System and Registry. (4) Responsibilities of New Treasurer. Within five business days of ap- pointment, the new treasurer shall file any forms with the appropriate fil- Purpose: To provide for the voluntary use of NMLS to allow for electronic ing officer that are required to be filed by new treasurers, and shall from filing of submissions to the Department of Financial Services. the time he or she accepts such appointment be solely responsible to Text of emergency rule: NATIONWIDE MULTISTATE LICENSING perform the duties and functions of treasurer for the political committee. SYSTEM AND REGISTRY (5) Assumption of Responsibilities. The removal of a treasurer and § 501.1 Nationwide Multistate Licensing System and Registry (NMLS). the appointment of a new treasurer shall take effect immediately upon the (a) Subject to the requirements of this Part, the Superintendent may al- filing of the required forms with the appropriate filing officer, except that low any application or other submission to or with regard to the Depart- the removed treasurer shall be required to meet the requirements of ment to be made or executed through the Nationwide Multistate Licensing paragraph three hereof. The failure of the removed treasurer to meet the System and Registry (“NMLS”). obligations of such paragraph shall not impair or preclude the appoint- (b) An applicant, licensee or other entity or individual may file an ap- ment of the new treasurer or the authority of the new treasurer to exercise plication or other submission through the NMLS only if the applicant, li- the obligations and authority of that position. censee, or other entity or individual agrees in a manner acceptable to the (6) Forms. The Compliance Unit of the State Board of Elections shall Superintendent to comply with all of the filing requirements imposed by publish forms required for the implementation of this section. the NMLS and by the Department including the payment of all fees required by the NMLS and by the Department. Revised rule compared with proposed rule: Substantial revisions were (c) An applicant, licensee or other entity or individual that files an ap- made in section 6200.7(c)(1) and (3). plication or other submission through the NMLS shall comply with all of Text of revised proposed rule and any required statements and analyses the filing requirements imposed by the NMLS and the Department includ- may be obtained from Brian L. Quail, Esq., New York State Board of ing the payment of all fees required by the NMLS and by the Department. Elections, 40 North Pearl Street, Ste. 5, Albany, New York 12207-2729, (d) The Superintendent may accept the information required to be (518) 474-2063, email: [email protected] reported by an applicant, licensee or other entity or individual through the Data, views or arguments may be submitted to: Same as above. NLMS in connection with an application or other submission as satisfac- Public comment will be received until: 30 days after publication of this tion of the information that would otherwise be required to be reported to notice. the Department, notwithstanding the requirements imposed by any other regulation or procedure. Revised Regulatory Impact Statement, Regulatory Flexibility Analysis, (e) Fees payable to the NMLS shall be the sole property of the NMLS Rural Area Flexibility Analysis and Job Impact Statement and shall not be deemed revenue of the Department. None of the answers provided in the prior Regulatory Impact Statement, (f) Filing requirements as well as instructions and other information Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job regarding use of the NMLS may be provided on the Department’s website, Impact Statement change as a result of these revisions. Accordingly, there the NMLS’s website and/or in any other reasonable location or manner, as is no cause to revise the previously published Regulator Impact Statement, determined by the Superintendent in his or her sole discretion. Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job (g) The Superintendent may prohibit an entity or individual from using, Impact Statement. or may withdraw its approval of the use of, the NMLS if an entity or indi- Assessment of Public Comment vidual violates any provision of this Part or if the use of the NMLS would The agency received no public comment. be inconsistent with the purpose or intent of any applicable law, regula- tion, procedure, order or similar authority. The Superintendent may notify such entity or individual by any method the Superintendent deems reason- able, including but not limited to a statement on the Department’s website or by an electronic communication to the user. All entities and individuals Department of Financial Services affected by such notification shall cease using NMLS in accordance with the time frame set forth in the notification. (h) The provisions of this Part shall not apply to the use of the NMLS by EMERGENCY mortgage bankers, mortgage brokers, mortgage loan servicers, mortgage loan originators or similar mortgage-related entities or individuals acting RULE MAKING as such pursuant to Banking Law Articles 12-D or 12-E. (i) For purposes of this part, all references to the Nationwide Multistate Nationwide Multistate Licensing System and Registry Licensing System or NMLS shall include all related computer systems, the I.D. No. DFS-29-17-00004-E Conference of State Bank Supervisors, and State Regulatory Registry LLC. Filing No. 790 This notice is intended to serve only as a notice of emergency adoption. This agency intends to adopt the provisions of this emergency rule as a Filing Date: 2017-09-25 permanent rule, having previously submitted to the Department of State a Effective Date: 2017-09-25 notice of proposed rule making, I.D. No. DFS-29-17-00004-EP, Issue of July 19, 2017. The emergency rule will expire November 23, 2017. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Text of rule and any required statements and analyses may be obtained cedure Act, NOTICE is hereby given of the following action: from: Thomas Eckmier, Department of Financial Services, One State Street, New York, NY 10004, (212) 709-1661, email: Action taken: Addition of Part 501 to Title 23 NYCRR. [email protected] Statutory authority: Banking Law, sections 10, 14, 359, 371, 498-b, 561, Regulatory Impact Statement 587 and 649; Financial Services Law, sections 102, 201, 202, 301, 302, 1. Statutory authority: Financial Services Law (or “FSL”) § 102 sets 309 and 408 forth the “purpose” and “goals” of the Financial Services Law including, Finding of necessity for emergency rule: Preservation of general welfare. as relevant, to “establish a modern system of regulation, rule making and Specific reasons underlying the finding of necessity: In response to adjudication” and to ensure “the prudent conduct of the providers of requests from industry the Department of Financial Services (the “Depart- financial products and services, through responsible regulation and ment”), to ease administrative burden on regulated entities and to ensure supervision.” New York remains current on technological advances in the regulation of FSL § 201 sets forth a declaration of policy for the Department of financial services in the State, has determined that it is appropriate to begin Financial Services (the “Department”) and, as relevant, states that the Su- accepting certain submissions through the Nationwide Multistate Licens- perintendent shall take such actions as the superintendent believes neces- ing System and Registry (“NMLS”). The Department anticipates that this sary to “foster the growth of the financial industry in New York and spur will prove both easier and more cost effective for those entities which state economic development through judicious regulation and vigilant choose to take advantage of the permitted use of NMLS, and thus will supervision.” benefit New York markets for financial products and services. FSL § 202 establishes the Superintendent of Financial Services and It is critical for the protection of the public that appropriate rules and provides the Superintendent with broad rights, powers, duties and discre- regulations continue to be in place through adoption of a final regulation tion with respect to matters under the Financial Services Law, the Banking to allow for the use of NMLS in making submissions to the Department. Law, and the Insurance Law. Although the Department has diligently developed regulations to allow FSL § 301 sets forth the powers of the Superintendent under relevant NMLS submissions, due to the short time frame, it is necessary to law.

4 NYS Register/October 11, 2017 Rule Making Activities

FSL § 302 sets forth the power of the Superintendent to prescribe, use of NMLS, it will not take any time to achieve compliance with the withdraw or amend rules and regulations involving financial products and rule. services, including in effectuating and interpreting the provisions of the Financial Services Law, the Banking Law, and the Insurance Law, and in Regulatory Flexibility Analysis governing the procedures to be followed in the practice of the Department. FSL § 309 states that, in addition to other remedies, the Superintendent 1. Effect of rule: The Department of Financial Services (the “Depart- may seek to obtain injunctions to restrain persons from acting in violation ment”) does not anticipate that the rule will impact any local government of the Financial Services Law, the Banking Law, and the Insurance Law. as the rule only applies to entities regulated by the Department and ap- FSL § 408 provides that the Superintendent may, among other things, levy civil penalties for violations of the Financial Services Law and the plicants for various Department authorizations. While the rule applies to regulations issued thereunder. applicants and entities regulated by the Department, which include small Banking Law (or “BL”) § 10 sets forth a declaration of policy, includ- businesses, the rule is permissive rather than prescriptive, and the Depart- ing that banking institutions will be regulated in a manner to insure safe ment anticipates that any small business which takes advantage of the and sound conduct and maintain public confidence. permitted use of the Nationwide Multistate Licensing System and Regis- BL § 14 references, without limitation, the policy of BL § 10 and sets try (“NMLS”) will see both increased efficiencies and cost savings. forth certain powers of the Superintendent under the Banking Law, includ- ing the power to “make, alter and amend orders, rules and regulations not 2. Compliance requirements: The rule permits on a voluntary basis the inconsistent with law” and, under certain enumerated circumstances, to use of the NMLS in the making of submissions to the Department. As the “make variations from the requirements” of the Banking Law, provided rule does not require the use of NMLS, no small business or local govern- such variations are “in harmony with the spirit of the law.” ment will be required to take any affirmative acts in order to comply with BL § 359 authorizes the Superintendent to promulgate regulations as the rule. may be necessary for the proper conduct of the business of licensed lend- ers, as well as for enforcement of the licensed lender article (BL Article 9). 3. Professional services: No small business or local government will BL § 371 authorizes the Superintendent to promulgate regulations as need to obtain professional services to comply with this rule. As the rule may be necessary for the proper conduct of the business of licensed check merely permits the use of NMLS on a voluntary basis, the need for any ad- cashers, as well as for enforcement of the licensed check casher article ditional professional services which may be needed to use the NMLS can (BL Article 9-A). be avoided by continuing to make submissions in hard-copy form. BL § 498-b authorizes the Superintendent to promulgate regulations as may be necessary for the proper conduct of the business of licensed sales 4. Compliance costs: No small business or local government will incur finance companies, as well as for enforcement of the sales finance any costs to comply with this rule. The Department anticipates that all company article (BL Article 11-B). regulated entities who decide to take advantage of the use of NMLS in BL § 561 authorizes the Superintendent to promulgate regulations as making submissions to the Department will see a cost savings. Any may be necessary for the proper conduct of the business of licensed perceived cost to any small business or local government can be avoided premium finance agencies, as well as for enforcement of the premium by continuing to make hard-copy submissions to the Department rather finance agency article (BL Article 12-B). than utilizing NMLS. BL § 587 authorizes the Superintendent to promulgate regulations as may be necessary for the proper conduct of the business of licensed budget 5. Economic and technological feasibility: As the rule permits but does planners, as well as for enforcement of the budget planner article (BL not require the use of the NMLS there will be no economic or technical Article 12-C). feasibility issues with complying with the rule. If economic or technical BL § 649 authorizes the Superintendent to promulgate regulations as capabilities make the use of NMLS pursuant to the rule unfeasible, any may be necessary or appropriate for the enforcement of the licensed money small business or local government may continue to make submissions in transmitter article (BL Article 13-B). hard-copy form. 2. Legislative objectives: To ease administrative burden on regulated entities where prudent and to ensure New York remains current on 6. Minimizing adverse impact: There will be no adverse impact of this technological advances in the regulation of financial services in the State. rule on any entity subject to it. The rule allows, but does not require, the 3. Needs and benefits: This rule will allow regulated entities and ap- use of the NMLS in making submissions to the Department. plicants, which choose to do so, to use the Nationwide Multistate Licens- ing System and Registry (“NMLS”) in making submissions to the 7. Small business and local government participation: The Department Department. The Department anticipates that this will prove both easier will comply with SAPA § 202-b(6) by publishing the proposed rule in the and more cost effective for those entities which choose to take advantage State Register and posting the proposed rule on DFS’s website. In develop- of the permitted use of NMLS. ing the rule, the Department was cognizant of industry preference for the 4. Costs: The rule will impose no cost to the Department, as the rule use of NMLS over hard-copy submissions. does not increase the total amount of submissions to the Department. As the rule allows but does not require the use of NMLS in the making of Rural Area Flexibility Analysis submissions to the Department, there is no cost to any entity to comply The Department of Financial Services (the “Department”) finds that this with the regulation. If an individual or entity chooses to make use of NMLS to make submissions, there will be fees charged by NMLS for regulation, which permits the use of the Nationwide Multistate Licensing which the individual or entity will be responsible to pay. Use of NMLS System and Registry (“NMLS”) in making submissions to the Depart- under the regulation is voluntary, and should an individual or entity choose ment, does not impose any additional burden on persons located in rural not to use NMLS there will be no costs to that individual or entity. areas, and will not have an adverse impact on rural areas. This regulation 5. Local government mandates: This rule imposes no new mandates on applies uniformly to regulated entities and applicants that do business in any county, city, town, village, school district, fire district or other special both rural and non-rural areas of New York State, and simply allows, on a district. voluntary basis, regulated entities and applicants to make certain submis- 6. Paperwork: The rule does not require any additional reporting sions electronically to the Department through the NMLS rather than requirements, forms, or paperwork. The rule merely allows submissions, already required by law, to be made electronically via NMLS. make, as is currently required, hard-copy submissions to the Department. 7. Duplication: This rule does not duplicate or conflict with any existing This regulation will not impose any additional costs on rural areas. state or federal rules or other legal requirements. 8. Alternatives: Many of the Department’s regulated entities already use Job Impact Statement NMLS in their dealings with other states and would like permission to use This rule should have little or no negative impact on jobs or employment NMLS in making submissions to the Department. While the alternative of opportunities in this state. The rule simply allows, on a voluntary basis, a not promulgating a regulation in response to this industry preference, and broader range of regulated entities and applicants to make certain submis- thus not permitting the use of NMLS in making submissions to the Depart- sions electronically to the Department of Financial Services (“Depart- ment, was considered, the Department determined it was necessary in the ment”) through the Nationwide Multistate Licensing System and Registry interest of remaining current on technological advances in the regulation of financial services in the State and of easing administrative burdens on rather than make, as is currently required, hard-copy submissions to the regulated entities and applicants where prudent. Department. 9. Federal standards: There are no minimum standards of the federal government for the same or similar subject areas. Assessment of Public Comment 10. Compliance schedule: As the rule permits but does not require the The agency received no public comment.

5 Rule Making Activities NYS Register/October 11, 2017

New York State Gaming [3 1 10,720 $50 0.466% 5] [3 0 766 $5 0.653% 6] Commission [2 1 473 $5 1.057% 7] [1 1 56 $2 3.542% 8] NOTICE OF ADOPTION [0 1 21 $1 4.675% 9] [Total 14.71 50.000%] New York Lottery Draw Game Rules, Including Rules Implementing Changes to the Mega Millions Lottery Game Match Match Odds 1 Prize % of Level I.D. No. SGC-32-17-00005-A Field 1 Field 2 in Sales Filing No. 805 5 1 302,575,350 Jackpot 37.6% 1 Filing Date: 2017-09-26 5 0 12,607,306 $1,000,000 4.0% 2 Effective Date: 2017-10-28 4 1 931,001 $10,000 0.5% 3 PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- 4 0 38,792 $500 0.6% 4 cedure Act, NOTICE is hereby given of the following action: 3 1 14,547 $200 0.7% 5 Action taken: Amendment of sections 5007.1(b), 5007.2(a), 5007.4(a) 3 0 606 $10 0.8% 6 and 5007.7 of Title 9 NYCRR. 2 1 693 $10 0.7% 7 Statutory authority: Racing, Pari-Mutuel Wagering and Breeding Law, section 104; Tax Law, sections 1601, 1604, 1612 and 1617 1 1 89 $4 2.2% 8 Subject: New York Lottery draw game rules, including rules implement- 0 1 37 $2 2.7% 9 ing changes to the Mega Millions lottery game. Total 24.0 49.8% Purpose: Implement nationwide changes to the Mega Millions multi-state lottery game. (b) Jackpot prize payments. For the Mega Millions game: Text of final rule: Sections 5007.1, 5007.2, 5007.4 and 5007.7 of title 9 of *** NYCRR would be amended to read as follows: (4) Purchasers in New York must select either an annuity jackpot § 5007.1. Mega Millions purpose. prize or lump sum jackpot prize. A jackpot prize shall be paid, at the elec- *** tion of a player made no later than 60 days after the player becomes (b) During each Mega Millions drawing, six Mega Millions winning entitled to the prize, with either an annuity or lump sum payment. If the numbers will be selected from two fields of numbers in the following payment election is not made by a player within 60 days after the player manner: five winning numbers from a field of one through [75] 70 becomes entitled to the prize, then the prize shall be paid as an annuity numbers[,] and one winning number from a field of one through [15] 25 prize. An election to take a lump sum payment may be made at the time of numbers. the prize claim or within 60 days after the player becomes entitled to the *** prize. An election made after the winner becomes entitled to the prize is § 5007.2. Mega Millions definitions. final and cannot be revoked[. Withdrawn], withdrawn or otherwise (a) The following definitions shall apply to Mega Millions. changed without the approval of the commission. *** *** (7) Mega Millions play area is, for the on-line Mega Millions game, (ii) Lump sum option jackpot prizes shall be paid in a single pay- the areas on a Mega Millions play slip identified by an alpha character, A ment upon completion of internal validation procedures. The lump sum through E, containing two separate fields—one field of [75] 70 and a option amount offered shall be the amount determined by multiplying the second field of [15] 25—both containing one- or two-digit numbers each. annuitized prize amount by a discount value set by Mega Millions finance This is the area where the player, or computer if the player is using the committee prior to each drawing (the [“lump sum equivalent jackpot quick pick option, will select five one- or two-digit numbers from the first prize”] lump sum equivalent jackpot prize), divided by the number of total field and will select one one- or two-digit [numbers] number from the jackpot prize winners for the Mega Millions game. second field. (c) Second- through ninth-level prizes. *** (1) Mega Millions panels matching five of the five Mega Millions (10) Mega Millions winning numbers are, for the on-line Mega Mil- winning numbers drawn for Field 1, but not matching the Mega Millions lions game, five one- or two-digit numbers, from one through [75] 70 and winning number drawn for field 2 shall be entitled to receive a second one one- or two-digit number from one through [15] 25, randomly selected prize of $1,000,000. at each Mega Millions drawing, which shall be used to determine winning (2) Mega Millions panels matching four of the five Mega Millions Mega Millions plays contained on Mega Millions tickets. winning numbers drawn for field 1 and the Mega Millions winning number *** drawn for field 2 shall be entitled to receive a third prize of [$5,000] § 5007.4. Ticket price. $10,000. (a) Mega Millions tickets may be purchased for [$1] $2 per play at the (3) Mega Millions panels matching four of the five Mega Millions discretion of the purchaser, in accordance with the number of game panels winning numbers drawn for field 1 but not matching the Mega Millions and inclusive drawings. The purchaser receives one play for each [$1] $2 winning number drawn for field 2 shall be entitled to receive a fourth prize wagered in Mega Millions. Tickets may contain multiple plays. The com- of $500. mission may authorize the sale of Mega Millions tickets at a different (4) Mega Millions panels matching three of the five Mega Millions purchase price. Such a change in the purchase price shall be announced winning numbers drawn for field 1 and the Mega Millions winning number publicly by the commission prior to the effective date of such change. drawn for field 2 shall be entitled to receive a fifth prize of [$50] $200. *** (5) Mega Millions panels matching three of the five Mega Millions § 5007.7. Prize structure. winning numbers drawn for field 1 but not matching the Mega Millions (a) For the Mega Millions game[—] the prize structure shall; be a winning number drawn for field 2 shall be entitled to receive a sixth prize matrix of [5/75] 5/70 and [1/15] 1/25 with [50] an approximately 49.8 of [$5] $10. percent anticipated prize fund. (6) Mega Millions Panels matching two of the five Mega Millions winning numbers drawn for field 1 and the Mega Millions winning number drawn for field 2 shall be entitled to receive a seventh prize of [$5] $10. [Match Match Odds 1 Prize % of Level] (7) Mega Millions panels matching one of the five Mega Millions Field 1 Field 2 in Sales winning numbers drawn for field 1 and the Mega Millions winning number [5 1 258,890,850 JACKPOT 32.577% 1] drawn for field 2 shall be entitled to receive an eighth prize of [$2] $4. (8) Mega Millions panels matching no numbers of the five Mega [5 0 18,492,204 $1,000,000 5.408% 2] Millions winning numbers drawn for field 1 but matching the Mega Mil- [4 1 739,688 $5,000 0.676% 3] lions winning number drawn for field 2 shall be entitled to receive a ninth [4 0 52,835 $500 0.946% 4] prize of [$1] $2. ***

6 NYS Register/October 11, 2017 Rule Making Activities

Final rule as compared with last published rule: Nonsubstantial changes Initial Review of Rule were made in section 5007.7(b)(4). As a rule that requires a RFA, RAFA or JIS, this rule will be initially Text of rule and any required statements and analyses may be obtained reviewed in the calendar year 2020, which is no later than the 3rd year af- from: Kristen Buckley, New York State Gaming Commission, One ter the year in which this rule is being adopted. Broadway Center, PO Box 7500, Schenectady, NY 12301-7500, (518) 388-3407, email: [email protected] Assessment of Public Comment Revised Regulatory Impact Statement The agency received no public comment. The changes made to the last published rule do not necessitate revision to the previously published Regulatory Impact Statement (“RIS”). The only change made to the last published rule is a technical correction to an exist- ing regulation that replaces an errant period with a comma. The provision Long Island Power Authority of 9 NYCRR Section 5007.7(b)(4) reading, “An election made after the winner becomes entitled to the prize is final and cannot be revoked. Withdrawn or otherwise changed without the approval of the commis- PROPOSED RULE MAKING sion,” will be changed to read, “An election made after the winner HEARING(S) SCHEDULED becomes entitled to the prize is final and cannot be revoked[. Withdrawn], withdrawn or otherwise changed without the approval of the commission.” Undergrounding Provisions of the Authority’s Tariff for Electric Because no substantive changes have been made to the last published rule, Service a revised RIS is not required. Revised Regulatory Flexibility Analysis, Rural Area Flexibility Analysis I.D. No. LPA-41-17-00010-P and Job Impact Statement The changes made to the last published rule do not necessitate revision to PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- the previously published consolidated statement of regulatory flexibility cedure Act, NOTICE is hereby given of the following proposed rule: analysis, rural area flexibility analysis and job impact. The only change Proposed Action: The Long Island Power Authority proposes to modify made to the last published rule is a technical correction to an existing the Authority’s Tariff for Electric Service to offer a financing mechanism regulation that replaces an errant period with a comma. The provision of 9 that allows local communities to pay the additional cost of underground- NYCRR Section 5007.7(b)(4) reading, “An election made after the winner ing projects not otherwise eligible for undergrounding. becomes entitled to the prize is final and cannot be revoked. Withdrawn or Statutory authority: Public Authorities Law, section 1020-f(u) and (z) otherwise changed without the approval of the commission,” will be Subject: Undergrounding provisions of the Authority’s Tariff for Electric changed to read, “An election made after the winner becomes entitled to Service. the prize is final and cannot be revoked[. Withdrawn], withdrawn or Purpose: To offer local communities a mechanism for financing the ad- otherwise changed without the approval of the commission.” Because no ditional cost of undergrounding projects. substantive changes have been made to the last published rule, no change Public hearing(s) will be held at: 10:00 a.m., November 27, 2017 at H. is required to the consolidated statement of regulatory flexibility analysis, Lee Dennison Bldg., 100 Veterans Memorial Hwy., Hauppauge, NY; and rural area flexibility analysis and job impact. The proposed rule as revised 2:00 p.m., November 27, 2017 at 333 Earle Ovington Blvd., 4th Fl., will not impose any adverse economic impacts or reporting, recordkeep- Uniondale, NY. ing or other compliance requirements on small businesses, local govern- Interpreter Service: Interpreter services will be made available to hearing ments, rural areas or employment opportunities. impaired persons, at no charge, upon written request submitted within rea- Initial Review of Rule sonable time prior to the scheduled public hearing. The written request As a rule that does not require a RFA, RAFA or JIS, this rule will be must be addressed to the agency representative designated in the paragraph initially reviewed in the calendar year 2022, which is no later than the 5th below. year after the year in which this rule is being adopted. Accessibility: All public hearings have been scheduled at places reason- Assessment of Public Comment ably accessible to persons with a mobility impairment. The agency received no public comment. Substance of proposed rule: The Long Island Power Authority (the “Authority”) staff proposes to modify the Tariff for Electric Service (“Tariff”) effective January 1, 2018 to provide a financing mechanism that allows local communities to pay for the additional cost of undergrounding Department of Health all or a portion of a transmission or distribution project where insufficient systemwide benefits exist to justify allocation of the incremental expense throughout the Authority’s service area. NOTICE OF ADOPTION Text of proposed rule and any required statements and analyses may be obtained from: Justin Bell, Long Island Power Authority, 333 Earle Hospital Indigent Care Pool Payment Methodology Ovington Blvd., Suite 403, Uniondale, NY 11553, (516) 719-9886, email: [email protected] I.D. No. HLT-25-17-00009-A Data, views or arguments may be submitted to: Same as above. Filing No. 791 Public comment will be received until: Five days after the last scheduled Filing Date: 2017-09-25 public hearing. Effective Date: 2017-10-11 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 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 action: the State Administrative Procedure Act. Action taken: Amendment of section 86-1.47 of Title 10 NYCRR. Statutory authority: Public Health Law, section 2807-k(5-d) PROPOSED RULE MAKING Subject: Hospital Indigent Care Pool Payment Methodology. HEARING(S) SCHEDULED Purpose: To extend the methodology for indigent care pool payments to general hospitals for another 3 year period - 1/1/16 - 12/31/18. Remote Meter Reading Provisions of the Authority’s Tariff for Text or summary was published in the June 21, 2017 issue of the Register, Electric Service I.D. No. HLT-25-17-00009-P. I.D. No. LPA-41-17-00011-P Final rule as compared with last published rule: No changes. Text of rule and any required statements and analyses may be obtained from: Katherine Ceroalo, DOH, Bureau of House Counsel, Reg. Affairs PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Unit, Room 2438, ESP Tower Building, Albany, NY 12237, (518) 473- cedure Act, NOTICE is hereby given of the following proposed rule: 7488, email: [email protected] Proposed Action: The Long Island Power Authority proposes to modify

7 Rule Making Activities NYS Register/October 11, 2017 the Authority’s Tariff for Electric Service to eliminate charges for remote Text of proposed rule and any required statements and analyses may be meter reading. obtained from: Justin Bell, Long Island Power Authority, 333 Earle Statutory authority: Public Authorities Law, section 1020-f(u) and (z) Ovington Blvd., Suite 403, Uniondale, NY 11553, (516) 719-9886, email: [email protected] Subject: Remote meter reading provisions of the Authority’s Tariff for Electric Service. Data, views or arguments may be submitted to: Same as above. Purpose: To eliminate charges for remote meter reading. Public comment will be received until: Five days after the last scheduled public hearing. Public hearing(s) will be held at: 10:00 a.m., November 27, 2017 at H. Lee Dennison Bldg., 100 Veterans Memorial Hwy., Hauppauge, NY; and Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural 2:00 p.m., November 27, 2017 at 333 Earle Ovington Blvd., 4th Fl., Area Flexibility Analysis and Job Impact Statement Uniondale, NY. Statements and analyses are not submitted with this notice because the proposed rule is within the definition contained in section 102(2)(a)(ii) of Interpreter Service: Interpreter services will be made available to hearing impaired persons, at no charge, upon written request submitted within rea- the State Administrative Procedure Act. sonable time prior to the scheduled public hearing. The written request must be addressed to the agency representative designated in the paragraph below. Accessibility: All public hearings have been scheduled at places reason- Office for People with ably accessible to persons with a mobility impairment. Developmental Disabilities Substance of proposed rule: The Long Island Power Authority staff proposes to modify the Tariff for Electric Service (“Tariff”) effective Janu- ary 1, 2018 to remove remote meter charges as Advanced Meter Infrastruc- ture (“AMI”) are being implemented system wide. NOTICE OF ADOPTION As AMI will now be the standard for all customers going forward, the Authority Staff proposes to eliminate one-time installation charges and Representative Payee daily administration and communication charges to customers who have I.D. No. PDD-31-17-00003-A requested the hourly metering technology. Filing No. 809 Text of proposed rule and any required statements and analyses may be obtained from: Justin Bell, Long Island Power Authority, 333 Earle Filing Date: 2017-09-26 Ovington Blvd., Suite 403, Uniondale, NY 11553, (516) 719-9886, email: Effective Date: 2017-10-11 [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: Five days after the last scheduled cedure Act, NOTICE is hereby given of the following action: public hearing. Action taken: Addition of section 633.9; and amendment of section 633.15 Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural of Title 14 NYCRR. Area Flexibility Analysis and Job Impact Statement Statutory authority: Mental Hygiene Law, sections 13.07, 13.09(b) and Statements and analyses are not submitted with this notice because the 16.00 proposed rule is within the definition contained in section 102(2)(a)(ii) of Subject: Representative Payee. the State Administrative Procedure Act. Purpose: To regulate the management of benefit funds received by facility PROPOSED RULE MAKING directors acting as representative payees. Text of final rule: A new Section 633.9 is added as follows: HEARING(S) SCHEDULED Section 633.9 Facility Directors as Representative Payees (a) Applicability. This section applies to OPWDD operated and certi- Net Energy Metering Provisions of the Authority’s Tariff for fied residential facilities, including family care homes. Electric Service (b) Definitions. (1) Beneficiary means an individual who is receiving Social Security I.D. No. LPA-41-17-00012-P or other federal or state benefits. (2) Facility means an OPWDD operated or certified residential PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- facility. As used in this section, facility also means the agency that spon- cedure Act, NOTICE is hereby given of the following proposed rule: sors a Family Care home. Proposed Action: The Long Island Power Authority proposes to update (3) Facility director means the executive director, administrator, the Authority’s Tariff for Electric Service to implement the Public Service CEO, or its equivalent of an OPWDD operated or certified residential Commission’s Order on Net Energy Metering Transition, Phase One of facility. As used in this section, facility director also means the executive Value of Distributed Energy Resources, and Related Matters. director, administrator, CEO, or its equivalent of an agency that sponsors a family care home. Statutory authority: Public Authorities Law, section 1020-f(u) and (z) (4) Health care professional means physician, psychologist, or other Subject: Net energy metering provisions of the Authority’s Tariff for qualified medical practitioner whose statements are acceptable to the ben- Electric Service. efit paying agencies for the purposes of determining the beneficiary’s abil- Purpose: To update the Authority’s net energy metering provisions con- ity to handle his or her benefits. sistent with the rest of New York State. (5) Lump sum retroactive benefit means a lump sum retroactive pay- Public hearing(s) will be held at: 10:00 a.m., November 27, 2017 at H. ment of a federal or state benefit that exceeds the expected monthly recur- Lee Dennison Bldg., 100 Veterans Memorial Hwy., Hauppauge, NY; and ring amount for a reason other than a delay in processing an application, 2:00 p.m., November 27, 2017 at 333 Earle Ovington Blvd., 4th Fl., changing a representative payee, or similar administrative delay. Uniondale, NY. (6) Medicaid exception trust means a trust that contains the assets of the beneficiary in which both the principal and income of the trust are Interpreter Service: Interpreter services will be made available to hearing considered exempt for purposes of determining the beneficiary’s eligibility impaired persons, at no charge, upon written request submitted within rea- for Medicaid and/or Supplemental Security Income. sonable time prior to the scheduled public hearing. The written request (7) Representative payee means a party designated by a benefit- must be addressed to the agency representative designated in the paragraph paying organization to receive an individual’s benefit payments in a fidu- below. ciary capacity and in compliance with federal and state laws and Accessibility: All public hearings have been scheduled at places reason- regulations. This includes, but is not limited to, a party specifically ably accessible to persons with a mobility impairment. designated by the Social Security Administration (SSA) to handle benefits Substance of proposed rule: The Long Island Power Authority (“the on behalf of a beneficiary. Authority”) staff proposes to modify the Tariff for Electric Service (c) Determination of need for representative payee. (“Tariff”) effective January 1, 2018 to reflect, to the extent appropriate, the (1) The beneficiary does not have a representative payee. If an indi- New York Public Service Commission’s Order on Net Energy Metering vidual does not have a representative payee, then within ten (10) business Transition, Phase One of Value of Distributed Energy Resources, and Re- days of a beneficiary’s move into a facility, the facility director, in consulta- lated Matters, issued on March 9, 2017 in Case 15-E-0751. tion with the beneficiary’s planning team, must conduct a review to

8 NYS Register/October 11, 2017 Rule Making Activities determine whether the appointment of a representative payee to manage tive payee. Such request must be directed to the Social Security Adminis- the individual’s benefits is advisable. The basis for the determination must tration or the federal or state entity that made the appointment. be documented in the beneficiary’s record. If the facility director and the (e) Policies and procedures. planning team question whether an individual is able to manage his or her (1) If a facility director serves or may serve as representative payee, benefits, then the individual must be evaluated by a health care then the residential services agency must establish policies and procedures professional. If, in the health care professional’s opinion, the beneficiary for the management and use of funds paid to the facility director as repre- cannot manage his or her benefits, then the facility director may apply to sentative payee. These policies and procedures must be in compliance become the beneficiary’s representative payee. If, in the health care profes- with all applicable federal and state laws and regulations. At a minimum, sional’s opinion, the beneficiary is capable of managing his or her own such policies and procedures must include provisions for: benefits, then the facility director may not apply to become the beneficia- (i) establishment and maintenance of beneficiary accounts in inter- ry’s representative payee. est bearing accounts; (2) The beneficiary has a representative payee. If an individual has a (ii) individual accounting to segregate balances and permit the representative payee, then within ten (10) business days of a beneficiary’s application of interest earned, if any, on a pro-rated basis, for collective move into a facility, the facility director, in consultation with the beneficia- accounts; ry’s planning team, must conduct a review to determine whether there is a (iii) internal controls to keep the beneficiary accounts and funds continuing need for the appointment of a representative payee for the secure, prevent identity theft, provide specific authorization for banking beneficiary. transactions, and document receipts and disbursements; (i) If the facility director and the planning team determine that the (iv) response to a request to review the representative payee ac- beneficiary continues to require a representative payee, then the facility count; director may apply to become the beneficiary’s representative payee. (v) designation of an appropriate staff member to act as a liaison (ii) If the facility director and/or the planning team determine that between the facility director and the beneficiary; a beneficiary may no longer require a representative payee, or are unsure, (vi) management of the personal allowance derived from the bene- then the individual must be evaluated by a health care professional. If the fit referenced in 633.15; and health care professional’s opinion is that the beneficiary cannot manage (vii) consideration of the use of a Medicaid exception trust, his or her benefits, then the facility director may apply to become the ben- Supplemental Needs Trust, or similar device to protect a lump sum retro- eficiary’s representative payee. If the health care professional’s opinion is active benefit, inheritance or any other funds which would affect eligibility that the beneficiary can manage his or her benefits, then the facility direc- for benefits. tor may not apply to become the beneficiary’s representative payee. The (2) If the representative payee is the facility director, then the repre- facility director must notify the benefit paying agency of any change. sentative payee must: (iii) The basis for the determination of the beneficiary’s need or (i) manage the benefits without charging a fee; continuing need for a representative payee, as set forth in subparagraphs (ii) manage the personal allowance portion of the income without (i) and (ii) of this paragraph, must be documented in the beneficiary’s a charging a fee; record. (iii) maintain a record of all funds received, including earned (3) A determination of a beneficiary’s need for a representative payee income, and report to the benefit paying organization(s) on these funds as must also be made under the following circumstances and must be required, and; documented in the beneficiary’s record: (iv) maintain a record of all resources, with current values, to meet (i) when there is a significant change in the beneficiary’s physical all benefit paying organization(s) reporting requirements and to ensure or mental condition; that the entitlements are not jeopardized by a beneficiary’s resources (ii) in response to a circumstance that affects the beneficiary’s exceeding regulatory limits. ability to manage his or her benefits; (3) When a beneficiary does not have a representative payee, the (iii) upon request of the beneficiary or a party making a request on agency or sponsoring agency must offer to assist with: behalf of the beneficiary; (i) reporting both earned and unearned income to benefit paying (iv) when a beneficiary transfers from one certified residence to organization(s), as required; another and both residences are operated by the same agency, and the (ii) reporting resource amounts to benefit paying organization(s), person needs different supports, then the facility director must follow the as required; requirements of paragraphs (1) and (2) of this subdivision; and (iii) monitoring resource amounts to ensure that the beneficiary’s (v) when a beneficiary transfers from one certified residence to an- entitlements are not jeopardized by having excess resources; and other, and the residences are operated by different agencies, then the facil- (iv) reporting any changes that may affect a beneficiary’s entitle- ity director must follow the requirements of paragraphs (1) and (2) of this ments to benefit paying organizations, as required. subdivision. (4) When the facility director is not the representative payee, the (4) If the facility director applies to be representative payee, the direc- agency or sponsoring agency must offer to manage the beneficiary’s tor must provide notification in accordance with subdivision (d) of this personal allowance. The offer must be in writing and made within ten (10) section. If notice is not provided, then the reason must be documented in business days of the beneficiary’s move or change of representative payee. the beneficiary’s record. (f) Transfer of Funds. When a beneficiary moves to a new residence: (d) Notice to qualified persons of intent and application for representa- (1) If the beneficiary moves to a facility operated or sponsored by the tive payee status. same agency, the agency may retain all funds and the facility director will (1) Whenever a facility director intends to apply to be representative continue to serve as the beneficiary’s representative payee unless, in ac- payee of a beneficiary who is receiving services from an OPWDD oper- cordance with subdivision (c) of this section, the beneficiary no longer ated or certified residential facility, the facility director must give concur- needs a representative payee. Cash maintained on behalf of the benefi- rent written notice to the qualified parties as set forth in Mental Hygiene ciary at the facility must be forwarded to the new residential facility. Law 33.16(a)(6) and any other party designated by the beneficiary, of the (2) If the beneficiary moves to a facility operated or sponsored by an- facility director’s intent to make such application. other agency: (i) A facility director is not required to provide notice pursuant to (i) Personal allowance funds derived from payments made by SSA this section if the beneficiary is a “person, capable adult” as defined in must either be returned to SSA within 10 business days of the person’s subdivision 633.99(bp) of this Part, and the beneficiary objects to such no- departure or, if specifically permitted by SSA, forwarded to the new repre- tice; if such notice is prohibited by Court order; or, if the facility director, sentative payee. Encumbered funds will be retained by the agency and ap- in consultation with the planning team, determine that it would cause propriately disbursed. Funds derived from other sources must be for- substantial and identifiable harm to the beneficiary. This determination warded to the new representative payee within 10 business days of the must be documented in the beneficiary’s record. person’s departure. If funds derived from SSA have been combined with (ii) The notice will be deemed to have been provided if hand funds from other sources, then the amount returned to SSA must be the delivered, mailed by first class mail to the last known address of the percentage of the current total that represents the SSA portion. The per- recipient(s) of the notice, or mailed electronically to the last known email centage must be calculated based on the historical payments received over address of the recipient(s). the last six months from SSA and non-SSA sources. (iii) The notice to beneficiaries must include information that the (ii) The former agency must notify the successor representative Mental Hygiene Legal Service is available to advise beneficiaries regard- payee in writing of the return of the beneficiary’s funds to SSA immediately ing the application process. following such return or transfer of funds. The notification must include (2) During the application process or following the appointment of a the amount returned or transferred and the date it was returned or facility director as a beneficiary’s representative payee, the facility must transferred. ensure that the beneficiary is apprised of his or her right at any time to (iii) On or before the date of the move, the former agency must request to receive benefits directly, or to request a change in representa- disburse to the new facility a sum equivalent to one month’s minimum

9 Rule Making Activities NYS Register/October 11, 2017 statutory personal allowance or the total of the person’s funds, whichever to have the facility director apply to be representative payee if the individ- is less, prior to returning to SSA the remainder (if any) of the person’s ual already has a beneficiary. funds that were derived from payments made by SSA; Response: The regulation only applies when the residential agency (iv) The facility director of the new agency shall apply to the bene- director or designee will be representative payee. If the individual needs a fit paying agency to become the person’s representative payee no later representative payee, whether the current residential agency should apply than ten (10) business days after the person’s admission unless a determi- to be representative payee is dependent on the individual’s circumstances. nation has been made that the beneficiary no longer needs a representa- Comment: A commenter stated that ten days are an inadequate amount tive payee; of time to assess whether a person requires a representative payee. (v) Upon the appointment of the facility director of the new agency Response: The previous regulation required facility directors to apply as representative payee by the benefit paying agency and receipt of the to be representative payee within 3 days. Because the new regulation person’s accrued funds, the new agency shall consider the funds to be ac- requires facility directors to apply within 10 days, there should be suf- crued personal allowance, except for any amount which is due and pay- ficient time to determine an individual’s ability to handle funds. able to the new agency for the provider payment(s) derived from the Comment: A commenter questioned whether the director of health ser- benefits at the time of the receipt of funds. vices or the agency’s mental health doctor can be the health care profes- (vi) All funds in a burial reserve account, noted as such, regardless sional used for evaluations. of the origin of the funds, shall be forwarded to the new representative Response: Costs to have a healthcare professional certify a beneficia- payee within ten (10) business days of the beneficiary’s discharge or ry’s competency to handle his/her benefits will be minimal because most change of representative payee. facilities will take the beneficiary to the beneficiary’s treating healthcare (vii) Except for funds received from SSA, when the facility director professional for certification. Those professionals usually accept Medicaid, of the former agency is the representative payee, the ongoing monthly Medicare, or a third-party health insurance. personal allowance shall be forwarded to the successor representative Comment: A commenter questioned the effect this regulation would payee within five (5) business days of receipt of the benefit check. This ar- have when a beneficiary has a family member as representative payee, but rangement shall continue until a new payee is designated. it is later determined that the beneficiary does not need a representative (g) Record Retention. Each agency or sponsoring agency must keep re- payee. cords documenting compliance with this section for four (4) years. Response: These regulations apply only when the residential facility Paragraph 633.15(b)(3) is amended as follows: director will serve as representative payee. If it would be appropriate for (3) Account, payee. An account [record] maintained by [a person the person to manage their own funds this should be discussed with the who is his or her own payee, or by a payee for earnings,] a representative team, including the individual and family, at a treatment team meeting. payee [, or a designated payee] to receive and maintain monies from a Also, the individual, with an advocate, can go to the Social Security Office benefit paying organization. to request to receive benefits directly. Existing paragraph 633.15(b)(21) is deleted and a new paragraph 633.15(b)(21) is added as follows: (21) Payee, representative. A party designated by a benefit-paying organization to receive an individual’s benefit payments in a fiduciary capacity and in compliance with federal and state laws and regulations. Power Authority of the State of This includes, but is not limited to, a party specifically designated by the Social Security Administration (SSA) to handle benefits on behalf of a New York beneficiary. Paragraph 633.15(i)(9) is amended as follows: (9) On a quarterly basis, the agency or sponsoring agency shall send PROPOSED RULE MAKING a copy of each person’s personal allowance account ledger card or equiva- NO HEARING(S) SCHEDULED lent to payees, other than the chief executive officer. [or a payee for earnings.] Subdivision 633.15(n) is amended as follows: Rates for the Sale of Power and Energy (n) Transfer of funds. This subdivision is superseded by subdivision I.D. No. PAS-41-17-00002-P 633.9(f) of this Part, effective October 1, 2017. Note: Paragraphs (n)(1) and (2) remain unchanged. Subdivision 633.15(r) is amended as follows: PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- (r) Payee designation and responsibilities. This subdivision is super- cedure Act, NOTICE is hereby given of the following proposed rule: seded by section 633.9 of this Part, effective October 1, 2017. Proposed Action: Decrease in production rates. Note: Paragraphs (r)(1) - (6) remain unchanged. Statutory authority: Public Authorities Law, sections 1005, 3rd undesig- Final rule as compared with last published rule: Nonsubstantive changes nated paragraph and 1005(6) were made in section 633.9(c)(4). Subject: Rates for the sale of power and energy. Text of rule and any required statements and analyses may be obtained Purpose: To align rates and costs. from: Office of Counsel, Bureau of Policy and Regulatory Affairs, Office Substance of proposed rule: The Power Authority of the State of New for People With Developmental Disabilities (OPWDD), 44 Holland Ave- York (the “Authority”) proposes to decrease the production rates for its nue, 3rd Floor, Albany, NY 12229, (518) 474-7700, email: Westchester County Governmental Customers. The Authority provides [email protected] electricity to 103 customers in Westchester County, including the County Additional matter required by statute: Pursuant to the requirements of the of Westchester, school districts, housing authorities, cities, towns and State Environmental Quality Review Act, OPWDD, as lead agency, has villages. Under the proposal, the overall 2018 production rates will determined that the action described herein will have no effect on the decrease by 2.42% when compared with the 2017 rates. The decrease, environment and an E.I.S. is not needed. which is based on a pro forma Cost-of-Service for 2018, is largely due to Revised Regulatory Impact Statement, Regulatory Flexibility Analysis, expected decreases in energy and capacity prices for electricity purchased Rural Area Flexibility Analysis and Job Impact Statement from the New York Independent System Operator market to serve these A revised Regulatory Impact Statement, Regulatory Flexibility Analysis, customers. The new production rates will become effective with the Janu- Rural Area Flexibility Analysis and Job Impact Statement are not being ary 2018 billing period. submitted because the change to the proposed regulation was made to cor- Text of proposed rule and any required statements and analyses may be rect a minor grammatical error. This correction is necessary for the obtained from: Karen Delince, Corporate Secretary, Power Authority of regulation’s coherency. the State of New York, 123 Main Street, 11-P, White Plains, New York Initial Review of Rule 10601, (914) 390-8085, email: secretarys.offi[email protected] As a rule that requires a RFA, RAFA or JIS, this rule will be initially Data, views or arguments may be submitted to: Same as above. reviewed in the calendar year 2020, which is no later than the 3rd year af- Public comment will be received until: 45 days after publication of this ter the year in which this rule is being adopted. notice. Assessment of Public Comment Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural This document contains responses to the public comment submitted Area Flexibility Analysis and Job Impact Statement during the public comment period for proposed regulations concerning Statements and analyses are not submitted with this notice because the Representative Payees. proposed rule is within the definition contained in section 102(2)(a)(ii) of Comment: A commenter questioned if it was the intent of the regulation the State Administrative Procedure Act.

10 NYS Register/October 11, 2017 Rule Making Activities

NOTICE OF ADOPTION

Public Service Commission Water Supply Agreement and Temporary Waiver I.D. No. PSC-45-16-00018-A NOTICE OF ADOPTION Filing Date: 2017-09-20 Submetering of Electricity Effective Date: 2017-09-20

I.D. No. PSC-11-16-00017-A PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Filing Date: 2017-09-21 cedure Act, NOTICE is hereby given of the following action: Effective Date: 2017-09-21 Action taken: On 9/14/17, the PSC adopted an order approving New York American Water Company, Inc.’s (NYAW) petition for a water supply PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- agreement with Glen Cove Water District (Glen Cove) and a temporary cedure Act, NOTICE is hereby given of the following action: waiver. Action taken: On 9/14/17, the PSC adopted an order approving The Resi- Statutory authority: Public Service Law, section 89-c dential Section of 140 West Street Condominium’s (140 West Street) peti- Subject: Water supply agreement and temporary waiver. tion to submeter electricity at 100 Barclay Street, New York, New York. Purpose: To approve NYAW’s petition for a water supply agreement with Statutory authority: Public Service Law, sections 2, 4(1), 30, 32-48, 52, Glen Cove and a temporary waiver. 53, 65(1), 66(1), (2), (3), (4), (12) and (14) Substance of final rule: The Commission, on September 14, 2017, Subject: Submetering of electricity. adopted an order approving New York American Water Company, Inc.’s Purpose: To approve 140 West Street’s petition to submeter electricity. (NYAW) petition for a Water Sales Agreement with Glen Cove Water Substance of final rule: The Commission, on September 14, 2017, District, and NYAW’s request for a temporary waiver of the source of the adopted an order approving The Residential Section of 140 West Street supply requirements of 16 NYCRR § 503.4(c), until October 1, 2019, Condominium’s petition to submeter electricity at 100 Barclay Street, subject to the terms and conditions set forth in the order. New York, New York, located in the service territory of Consolidated Edison Company of New York, Inc., subject to the terms and conditions Final rule as compared with last published rule: No changes. set forth in the order. Text of rule may be obtained from: John Pitucci, Public Service Commis- Final rule as compared with last published rule: No changes. sion, Three Empire State Plaza, Albany, New York 12223, (518) 486-2655, email: [email protected] An IRS employer ID no. or social secu- Text of rule may be obtained from: John Pitucci, Public Service Commis- sion, Three Empire State Plaza, Albany, New York 12223, (518) 486-2655, rity no. is required from firms or persons to be billed 25 cents per page. email: [email protected] An IRS employer ID no. or social secu- Please use tracking number found on last line of notice in requests. rity no. is required from firms or persons to be billed 25 cents per page. Assessment of Public Comment Please use tracking number found on last line of notice in requests. An assessment of public comment is not submitted with this notice because Assessment of Public Comment the rule is within the definition contained in section 102(2)(a)(ii) of the An assessment of public comment is not submitted with this notice because State Administrative Procedure Act. the rule is within the definition contained in section 102(2)(a)(ii) of the (16-W-0605SA1) State Administrative Procedure Act. (16-E-0077SA1) NOTICE OF ADOPTION NOTICE OF ADOPTION Submetering of Electricity Submetering of Electricity I.D. No. PSC-09-17-00008-A Filing Date: 2017-09-21 I.D. No. PSC-12-16-00008-A Effective Date: 2017-09-21 Filing Date: 2017-09-21 Effective Date: 2017-09-21 PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedure Act, NOTICE is hereby given of the following action: PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedure Act, NOTICE is hereby given of the following action: Action taken: On 9/14/17, the PSC adopted an order approving Red Hook 160, LLC’s (Red Hook) petition to submeter electricity at 160 Imlay Action taken: On 9/14/17, the PSC adopted an order approving Prome- nade Global LLC’s (Promenade) notice of intent to submeter electricity at Street, Brooklyn, New York. 150 West 225th Street, Bronx, New York. Statutory authority: Public Service Law, sections 2, 4(1), 30, 32-48, 52, Statutory authority: Public Service Law, sections 2, 4(1), 30, 32-48, 52, 53, 65(1), 66(1), (2), (3), (4), (12) and (14) 53, 65(1), 66(1), (2), (3), (4), (12) and (14) Subject: Submetering of electricity. Subject: Submetering of electricity. Purpose: To approve Red Hook’s petition to submeter electricity. Purpose: To approve Promenade’s notice of intent to submeter electricity. Substance of final rule: The Commission, on September 14, 2017, Substance of final rule: The Commission, on September 14, 2017, adopted an order approving Red Hook 160, LLC’s petition to submeter adopted an order approving Promenade Global LLC’s notice of intent to electricity at 160 Imlay Street, Brooklyn, New York, located in the service submeter electricity at 150 West 225th Street, Bronx, New York, located territory of Consolidated Edison Company of New York, Inc., subject to in the service territory of Consolidated Edison Company of New York, the terms and conditions set forth in the order. Inc., subject to the terms and conditions set forth in the order. Final rule as compared with last published rule: No changes. Final rule as compared with last published rule: No changes. Text of rule may be obtained from: John Pitucci, Public Service Commis- Text of rule may be obtained from: John Pitucci, Public Service Commis- sion, Three Empire State Plaza, Albany, New York 12223, (518) 486-2655, sion, Three Empire State Plaza, Albany, New York 12223, (518) 486-2655, email: [email protected] An IRS employer ID no. or social secu- email: [email protected] An IRS employer ID no. or social secu- rity no. is required from firms or persons to be billed 25 cents per page. rity no. is required from firms or persons to be billed 25 cents per page. Please use tracking number found on last line of notice in requests. Please use tracking number found on last line of notice in requests. Assessment of Public Comment Assessment of Public Comment An assessment of public comment is not submitted with this notice because An assessment of public comment is not submitted with this notice because the rule is within the definition contained in section 102(2)(a)(ii) of the the rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act. State Administrative Procedure Act. (16-E-0125SA1) (16-E-0688SA1)

11 Rule Making Activities NYS Register/October 11, 2017

NOTICE OF ADOPTION (16-E-0060SA3) Petition for Rehearing NOTICE OF ADOPTION I.D. No. PSC-13-17-00003-A Submetering of Electricity and Waiver Request Filing Date: 2017-09-20 I.D. No. PSC-21-17-00019-A Effective Date: 2017-09-20 Filing Date: 2017-09-21 Effective Date: 2017-09-21 PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedure Act, NOTICE is hereby given of the following action: PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Action taken: On 9/14/17, the PSC adopted an order denying Digital Energy Corp. d/b/a Advantage CHP’s (Digital) petition for rehearing of cedure Act, NOTICE is hereby given of the following action: the Commission’s January 25, 2017 Order Approving Electric and Gas Action taken: On 9/14/17, the PSC adopted an order approving Maple Rates (January Order). East Residence, L. P.’s (Maple East) notice of intent to submeter electric- Statutory authority: Public Service Law, sections 22 and 66(1) ity at 918 East New York Avenue, Brooklyn, New York and request for waiver of 16 NYCRR section 96.5(k)(3). Subject: Petition for rehearing. Statutory authority: Public Service Law, sections 2, 4(1), 30, 32-48, 52, Purpose: To deny Digital’s petition for rehearing of the January Order. 53, 65(1), 66(1), (2), (3), (4), (12) and (14) Substance of final rule: The Commission, on September 14, 2017, Subject: Submetering of electricity and waiver request. adopted an order denying Digital Energy Corp. d/b/a Advantage CHP’s (Digital) petition for rehearing of the Commission’s January 25, 2017 Or- Purpose: To approve Maple East’s notice of intent to submeter electricity der Approving Electric and Gas Rate Plans (January Order), which and request for waiver of 16 NYCRR section 96.5(k)(3). established three-year rate plans for Consolidated Edison Company of Substance of final rule: The Commission, on September 14, 2017, New York, Inc. (Con Edison) for gas and electric service for the period adopted an order approving Maple East Residence, L. P.’s notice of intent beginning on January 1, 2017 and ending on December 30, 2019. The to submeter electricity at 918 East New York Avenue, Brooklyn, New Commission clarified the January Order, consistent with the discussion in York, located in the service territory of Consolidated Edison Company of the order, subject to the terms and conditions set forth in the order. New York, Inc. and request for waiver of the energy audit and energy effi- Final rule as compared with last published rule: No changes. ciency plan requirements in 16 NYCRR § 96.5(k)(3), subject to the terms and conditions set forth in the order. Text of rule may be obtained from: John Pitucci, Public Service Commis- sion, Three Empire State Plaza, Albany, New York 12223, (518) 486-2655, Final rule as compared with last published rule: No changes. email: [email protected] An IRS employer ID no. or social secu- Text of rule may be obtained from: John Pitucci, Public Service Commis- rity no. is required from firms or persons to be billed 25 cents per page. sion, Three Empire State Plaza, Albany, New York 12223, (518) 486-2655, Please use tracking number found on last line of notice in requests. email: [email protected] An IRS employer ID no. or social secu- Assessment of Public Comment rity no. is required from firms or persons to be billed 25 cents per page. Please use tracking number found on last line of notice in requests. 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 Assessment of Public Comment State Administrative Procedure Act. An assessment of public comment is not submitted with this notice because (16-E-0060SA2) the rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act. NOTICE OF ADOPTION (17-E-0196SA1)

Petition for Rehearing NOTICE OF ADOPTION I.D. No. PSC-13-17-00010-A Submetering of Electricity Filing Date: 2017-09-20 I.D. No. PSC-24-17-00008-A Effective Date: 2017-09-20 Filing Date: 2017-09-21 Effective Date: 2017-09-21 PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedure Act, NOTICE is hereby given of the following action: PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Action taken: On 9/14/17, the PSC adopted an order denying NYS Depart- ment of State Utility Intervention Unit’s (UIU) petition for rehearing of cedure Act, NOTICE is hereby given of the following action: the Commission’s January 25, 2017 Order Approving Electric and Gas Action taken: On 9/14/17, the PSC adopted an order approving 320 East Rates (January Order). 82nd Owner, LLC’s (320 East 82nd) notice of intent to submeter electric- Statutory authority: Public Service Law, sections 22 and 66(1) ity at 320 East 82nd Street, New York, New York. Subject: Petition for rehearing. Statutory authority: Public Service Law, sections 2, 4(1), 30, 32-48, 52, 53, 65(1), 66(1), (2), (3), (4), (12) and (14) Purpose: To deny UIU’s petition for rehearing of the January Order. Subject: Submetering of electricity. Substance of final rule: The Commission, on September 14, 2017, adopted an order denying Digital Energy Corp. d/b/a Advantage CHP’s Purpose: To approve 320 East 82nd’s notice of intent to submeter (Digital) petition for rehearing of the Commission’s January 25, 2017 Or- electricity. der Approving Electric and Gas Rate Plans (January Order), which Substance of final rule: The Commission, on September 14, 2017, established three-year rate plans for Consolidated Edison Company of adopted an order approving 320 East 82nd Owner, LLC’s notice of intent New York, Inc. (Con Edison) for gas and electric service for the period to submeter electricity at 320 East 82nd Street, New York, New York, lo- beginning on January 1, 2017 and ending on December 30, 2019. The cated in the service territory of Consolidated Edison Company of New Commission clarified the January Order, consistent with the discussion in York, Inc., subject to the terms and conditions set forth in the order. the order, subject to the terms and conditions set forth in the order. Final rule as compared with last published rule: No changes. Final rule as compared with last published rule: No changes. Text of rule may be obtained from: John Pitucci, Public Service Commis- Text of rule may be obtained from: John Pitucci, Public Service Commis- sion, Three Empire State Plaza, Albany, New York 12223, (518) 486-2655, sion, Three Empire State Plaza, Albany, New York 12223, (518) 486-2655, email: [email protected] An IRS employer ID no. or social secu- email: [email protected] An IRS employer ID no. or social secu- rity no. is required from firms or persons to be billed 25 cents per page. rity no. is required from firms or persons to be billed 25 cents per page. Please use tracking number found on last line of notice in requests. Please use tracking number found on last line of notice in requests. Assessment of Public Comment Assessment of Public Comment An assessment of public comment is not submitted with this notice because An assessment of public comment is not submitted with this notice because the rule is within the definition contained in section 102(2)(a)(ii) of the the rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act. State Administrative Procedure Act. (17-E-0109SA1)

12 NYS Register/October 11, 2017 Rule Making Activities

NOTICE OF ADOPTION NOTICE OF ADOPTION

Suez Westchester’s Private Fire Hydrant Rates Submetering of Electricity I.D. No. PSC-24-17-00011-A I.D. No. PSC-24-17-00013-A Filing Date: 2017-09-20 Filing Date: 2017-09-21 Effective Date: 2017-09-20 Effective Date: 2017-09-21 PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedure Act, NOTICE is hereby given of the following action: PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Action taken: On 9/14/17, the PSC adopted an order denying New cedure Act, NOTICE is hereby given of the following action: Rochelle Homeowners Association’s (NRHOA) petition on Suez Water Action taken: On 9/14/17, the PSC adopted an order approving LIC Westchester, Inc.’s (Suez Westchester) rates for private fire hydrants. Development Owner, L. P.’s (LIC) notice of intent to submeter electricity Statutory authority: Public Service Law, sections 4(1), 20(1), 89-b, 89-c at 28-10 Jackson Avenue, 28-30 Jackson Avenue and 28-40 Queens and 114 Boulevard, Queens, New York. Subject: Suez Westchester’s private fire hydrant rates. Statutory authority: Public Service Law, sections 2, 4(1), 30, 32-48, 52, Purpose: To deny NRHOA’s petition on Suez Westchester’s private fire 53, 65(1), 66(1), (2), (3), (4), (12) and (14) hydrant rates. Subject: Submetering of electricity. Substance of final rule: The Commission, on September 14, 2017, adopted an order denying New Rochelle Homeowners Association’s peti- Purpose: To approve LIC’s notice of intent to submeter electricity. tion requesting a declaratory ruling that Suez Water Westchester, Inc.’s Substance of final rule: The Commission, on September 14, 2017, current rates for private fire hydrants “are unduly and unreasonably preju- adopted an order approving LIC Development Owner, L. P.’s notice of dicial in violation of the Public Service Law,” and that the current private intent to submeter electricity at 28-10 Jackson Avenue, 28-30 Jackson Av- hydrant rates be made temporary and subject to refund, subject to the terms enue and 28-40 Queens Boulevard, Queens, New York, located in the ser- and conditions set forth in the order. vice territory of Consolidated Edison Company of New York, Inc., subject Final rule as compared with last published rule: No changes. to the terms and conditions set forth in the order. Text of rule may be obtained from: John Pitucci, Public Service Commis- Final rule as compared with last published rule: No changes. sion, Three Empire State Plaza, Albany, New York 12223, (518) 486-2655, Text of rule may be obtained from: John Pitucci, Public Service Commis- email: [email protected] An IRS employer ID no. or social secu- sion, Three Empire State Plaza, Albany, New York 12223, (518) 486-2655, rity no. is required from firms or persons to be billed 25 cents per page. email: [email protected] An IRS employer ID no. or social secu- Please use tracking number found on last line of notice in requests. rity no. is required from firms or persons to be billed 25 cents per page. Assessment of Public Comment Please use tracking number found on last line of notice in requests. An assessment of public comment is not submitted with this notice because Assessment of Public Comment the rule is within the definition contained in section 102(2)(a)(ii) of the An assessment of public comment is not submitted with this notice because State Administrative Procedure Act. the rule is within the definition contained in section 102(2)(a)(ii) of the (17-W-0288SA1) State Administrative Procedure Act. (17-E-0253SA1) NOTICE OF ADOPTION NOTICE OF ADOPTION Submetering of Electricity and Waiver Request Tariff Amendments I.D. No. PSC-24-17-00012-A Filing Date: 2017-09-21 I.D. No. PSC-26-17-00004-A Effective Date: 2017-09-21 Filing Date: 2017-09-20 Effective Date: 2017-09-20 PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedure Act, NOTICE is hereby given of the following action: PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Action taken: On 9/14/17, the PSC adopted an order approving Melrose cedure Act, NOTICE is hereby given of the following action: Commons Supportive Housing, L.P.’s (Melrose Commons) notice of intent Action taken: On 9/14/17, the PSC adopted an order approving Rochester to submeter electricity at 425 East 161 Street, Bronx, New York and Gas and Electric Corporation’s (RG&E) tariff amendments to Service request for waiver of 16 NYCRR section 96.5(k)(3). Classification (SC) No. 15 and No. 16, contained in P.S.C. No. 16—Gas. Statutory authority: Public Service Law, sections 2, 4(1), 30, 32-48, 52, Statutory authority: Public Service Law, section 66(12)(b) 53, 65(1), 66(1), (2), (3), (4), (12) and (14) Subject: Tariff amendments. Subject: Submetering of electricity and waiver request. Purpose: To approve RG&E’s tariff amendments to SC No. 15 and No. Purpose: To approve Melrose Commons’ notice of intent to submeter 16, contained in P.S.C. No. 16—Gas. electricity and request for waiver of 16 NYCRR section 96.5(k)(3). Substance of final rule: The Commission, on September 14, 2017, Substance of final rule: The Commission, on September 14, 2017, adopted an order approving Rochester Gas and Electric Corporation’s adopted an order approving Melrose Commons Supportive Housing, L. tariff amendments to Service Classification (SC) No. 15 – Interruptible P.’s notice of intent to submeter electricity at 425 East 161 Street, Bronx, Sales Service and No. 16 – Interruptible Transportation Service, contained New York, located in the service territory of Consolidated Edison in P.S.C. No. 16 – Gas, to implement an interruptible gas sales rate in Company of New York, Inc. and request for waiver of the energy audit and compliance with the Commission’s June 15, 2016 Order Approving energy efficiency plan requirements in 16 NYCRR § 96.5(k)(3), subject to Electric and Gas Rate Plans in Accord with Joint Proposal, filed in Case the terms and conditions set forth in the order. 15-G-0286, et al., subject to the terms and conditions set forth in the order. Final rule as compared with last published rule: No changes. Final rule as compared with last published rule: No changes. Text of rule may be obtained from: John Pitucci, Public Service Commis- Text of rule may be obtained from: John Pitucci, Public Service Commis- sion, Three Empire State Plaza, Albany, New York 12223, (518) 486-2655, sion, Three Empire State Plaza, Albany, New York 12223, (518) 486-2655, email: [email protected] An IRS employer ID no. or social secu- email: [email protected] An IRS employer ID no. or social secu- rity no. is required from firms or persons to be billed 25 cents per page. rity no. is required from firms or persons to be billed 25 cents per page. Please use tracking number found on last line of notice in requests. Please use tracking number found on last line of notice in requests. Assessment of Public Comment Assessment of Public Comment An assessment of public comment is not submitted with this notice because An assessment of public comment is not submitted with this notice because the rule is within the definition contained in section 102(2)(a)(ii) of the the rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act. State Administrative Procedure Act. (17-E-0267SA1) (16-G-0533SA3)

13 Rule Making Activities NYS Register/October 11, 2017

NOTICE OF ADOPTION NOTICE OF ADOPTION

Tariff Amendments Water Supply Agreement and Tariff Waivers I.D. No. PSC-26-17-00008-A I.D. No. PSC-27-17-00015-A Filing Date: 2017-09-20 Filing Date: 2017-09-20 Effective Date: 2017-09-20 Effective Date: 2017-09-20 PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedure Act, NOTICE is hereby given of the following action: cedure Act, NOTICE is hereby given of the following action: Action taken: On 9/14/17, the PSC adopted an order approving Saratoga Action taken: On 9/14/17, the PSC adopted an order approving Niagara Water Services, Inc.’s (Saratoga Water) petition for the terms of a water Mohawk Power Corporation d/b/a National Grid’s (NMPC) tariff amend- supply agreement with Deercreek Capital Group, LLC (Deercreek) and ments to P.S.C. No. 219—Gas. tariff waivers. Statutory authority: Public Service Law, sections 65 and 66(12)(b) Statutory authority: Public Service Law, sections 4(1), 20(1) and 89-b Subject: Water supply agreement and tariff waivers. Subject: Tariff amendments. Purpose: To approve Saratoga Water’s petition for the terms of a water Purpose: To approve NMPC’s tariff amendments to P.S.C. No. 219—Gas. supply agreement with Deercreek and tariff waivers. Substance of final rule: The Commission, on September 14, 2017, Substance of final rule: The Commission, on September 14, 2017, adopted an order approving Niagara Mohawk Power Corporation d/b/a adopted an order approving Saratoga Water Services, Inc.’s (Saratoga Wa- National Grid’s tariff amendments to P.S.C. No. 219 – Gas, to revise and ter) petition for an Agreement for the Provision of Water Service with clarify its No Access Provisions, the processes followed when access to Deercreek Capital Group, LLC and waivers of Sections XI (1) and XIII, gas metering equipment is not granted for meter reading, subject to the on Leaves 44 and 45 of Saratoga Water’s tariff, P.S.C. No. 3 – Water, and terms and conditions set forth in the order. 16 NYCRR § 501.2, 501.3, 501.4, 501.6, 501.9, 501.10 and 502.3, subject to the terms and conditions set forth in the order. Final rule as compared with last published rule: No changes. Final rule as compared with last published rule: No changes. Text of rule may be obtained from: John Pitucci, Public Service Commis- Text of rule may be obtained from: John Pitucci, Public Service Commis- sion, Three Empire State Plaza, Albany, New York 12223, (518) 486-2655, sion, Three Empire State Plaza, Albany, New York 12223, (518) 486-2655, email: [email protected] An IRS employer ID no. or social secu- email: [email protected] An IRS employer ID no. or social secu- rity no. is required from firms or persons to be billed 25 cents per page. rity no. is required from firms or persons to be billed 25 cents per page. Please use tracking number found on last line of notice in requests. Please use tracking number found on last line of notice in requests. Assessment of Public Comment Assessment of Public Comment An assessment of public comment is not submitted with this notice because An assessment of public comment is not submitted with this notice because the rule is within the definition contained in section 102(2)(a)(ii) of the the rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act. State Administrative Procedure Act. (17-G-0306SA1) (17-W-0163SA1) NOTICE OF ADOPTION PROPOSED RULE MAKING HEARING(S) SCHEDULED Tariff Amendments Major Electric Rate Filing I.D. No. PSC-26-17-00009-A Filing Date: 2017-09-20 I.D. No. PSC-41-17-00006-P Effective Date: 2017-09-20 PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedure Act, NOTICE is hereby given of the following proposed rule: PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Proposed Action: The Commission is considering a proposal filed by cedure Act, NOTICE is hereby given of the following action: Central Hudson Gas & Electric Corporation (CHG&E) to make various Action taken: On 9/14/17, the PSC adopted an order approving KeySpan changes in the rates, charges, rules and regulations contained in its Sched- Gas East Corporation d/b/a National Grid’s (KEDLI) tariff amendments to ule P.S.C. No. 15—Electricity. P.S.C. No. 1—Gas. Statutory authority: Public Service Law, sections 5, 65 and 66 Statutory authority: Public Service Law, sections 65 and 66(12)(b) Subject: Major electric rate filing. Subject: Tariff amendments. Purpose: To consider an increase in CHG&E’s electric delivery revenues by approximately $43 million (or 7.9% in total revenues). Purpose: To approve KEDLI’s tariff amendments to P.S.C. No. 1—Gas. Public hearing(s) will be held at: 10:00 a.m. (Evidentiary Hearing)*, Substance of final rule: The Commission, on September 14, 2017, January 9, 2018 and continuing daily as needed, at Department of Public adopted an order approving KeySpan Gas East Corporation d/b/a National Service, Agency Bldg. 3, 19th Fl. Boardroom, Albany, NY. *On occasion, Grid’s tariff amendments to P.S.C. No. 1 – Gas, to revise and clarify its No there are requests to reschedule or postpone evidentiary hearing dates. If Access Provisions, the processes followed when access to gas metering such a request is granted, notification of any subsequent scheduling equipment is not granted for meter reading, subject to the terms and condi- changes will be available at the DPS website (www.dps.ny.gov) under tions set forth in the order. Case 17-E-0459. Interpreter Service: Interpreter services will be made available to hearing Final rule as compared with last published rule: No changes. impaired persons, at no charge, upon written request submitted within rea- Text of rule may be obtained from: John Pitucci, Public Service Commis- sonable time prior to the scheduled public hearing. The written request sion, Three Empire State Plaza, Albany, New York 12223, (518) 486-2655, must be addressed to the agency representative designated in the paragraph email: [email protected] An IRS employer ID no. or social secu- below. rity no. is required from firms or persons to be billed 25 cents per page. Accessibility: All public hearings have been scheduled at places reason- Please use tracking number found on last line of notice in requests. ably accessible to persons with a mobility impairment. Assessment of Public Comment Substance of proposed rule: The Commission is considering a proposal An assessment of public comment is not submitted with this notice because filed by Central Hudson Gas & Electric Corporation (CHG&E or the Company) to increase its electric delivery revenues for the rate year end- the rule is within the definition contained in section 102(2)(a)(ii) of the ing June 30, 2019, by approximately $43 million (13.5% in delivery State Administrative Procedure Act. revenues, or 7.9% in total revenues). CHG&E’s requested increase in (17-G-0305SA1) delivery revenues results in an average residential monthly delivery bill

14 NYS Register/October 11, 2017 Rule Making Activities increase of $8.85 (13.6% increase on the delivery bill, or a 7.9% increase Text of proposed rule and any required statements and analyses may be on a total bill) for a customer using 560 kWh. The Company has proposed obtained by filing a Document Request Form (F-96) located on our using $22 million of moderation in the form of bill credits, which would website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John reduce the impact on customers from $43 million to $21 million. The Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New resulting impact with the use of moderators on a typical residential electric York 12223-1350, (518) 486-2655, email: [email protected] customer would be $4.19 per month (6.5% increase on the delivery bill Data, views or arguments may be submitted to: Kathleen H. Burgess, and a 3.7% increase on the total bill). The initial suspension period for the Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New proposed filing runs through December 24, 2017. The full text of the pro- York 12223-1350, (518) 474-6530, email: [email protected] posal may be reviewed online at the Department of Public Service web page: www.dps.ny.gov. The Commission may adopt, reject or modify, in Public comment will be received until: Five days after the last scheduled whole or in part, the relief proposed and may resolve related matters. public hearing. Text of proposed rule and any required statements and analyses may be Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural obtained by filing a Document Request Form (F-96) located on our Area Flexibility Analysis and Job Impact Statement 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, (17-G-0460SP1) Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 474-6530, email: [email protected] PROPOSED RULE MAKING Public comment will be received until: Five days after the last scheduled NO HEARING(S) SCHEDULED public hearing. Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Petition to Submeter Electricity Area Flexibility Analysis and Job Impact Statement I.D. No. Statements and analyses are not submitted with this notice because the PSC-41-17-00003-P 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- (17-E-0459SP1) cedure Act, NOTICE is hereby given of the following proposed rule: Proposed Action: The Commission is considering the petition of Hillside PROPOSED RULE MAKING Association, Inc. to submeter electricity at 566 44th Street, Brooklyn, HEARING(S) SCHEDULED New York. Statutory authority: Public Service Law, sections 2, 4(1), 30, 32-48, 52, 53, 65(1), 66(1), (2), (3), (4), (12) and (14) Major Gas Rate Filing Subject: Petition to submeter electricity. I.D. No. PSC-41-17-00007-P Purpose: To consider the petition of Hillside Association, Inc. to submeter electricity at 566 44th 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: of Hillside Association, Inc. filed on May 8, 2017, to submeter electricity Proposed Action: The Commission is considering a proposal filed by at 566 44th Street, Brooklyn, New York, located in the service territory of Central Hudson Gas & Electric Corporation (CHG&E) to make various Consolidated Edison Company of New York, Inc. The full text of the peti- changes in the rates, charges, rules and regulations contained in its Sched- tion may be reviewed online at the Department of Public Service web ule P.S.C. No. 12—Gas. page: www.dps.ny.gov. The Commission may adopt, reject or modify, in whole or in part, the relief requested and may resolve related matters. Statutory authority: Public Service Law, sections 5, 65 and 66 Text of proposed rule and any required statements and analyses may be Subject: Major gas rate filing. obtained by filing a Document Request Form (F-96) located on our Purpose: To consider an increase in CHG&E’s gas delivery revenues by website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John approximately $18.1 million (or 12.3% in total revenues). Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New Public hearing(s) will be held at: 10:00 a.m. (Evidentiary Hearing)*, York 12223-1350, (518) 486-2655, email: [email protected] January 9, 2018 and continuing daily as needed, at Department of Public Data, views or arguments may be submitted to: Kathleen H. Burgess, Service, Agency Bldg. 3, 19th Fl. Boardroom, Albany, NY. *On occasion, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New there are requests to reschedule or postpone evidentiary hearing dates. If York 12223-1350, (518) 474-6530, email: [email protected] such a request is granted, notification of any subsequent scheduling Public comment will be received until: 45 days after publication of this changes will be available at the DPS website (www.dps.ny.gov) under notice. Case 17-G-0460. Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Interpreter Service: Interpreter services will be made available to hearing Area Flexibility Analysis and Job Impact Statement impaired persons, at no charge, upon written request submitted within rea- Statements and analyses are not submitted with this notice because the sonable time prior to the scheduled public hearing. The written request must be addressed to the agency representative designated in the paragraph proposed rule is within the definition contained in section 102(2)(a)(ii) of below. the State Administrative Procedure Act. Accessibility: All public hearings have been scheduled at places reason- (17-E-0248SP1) ably accessible to persons with a mobility impairment. PROPOSED RULE MAKING Substance of proposed rule: The Commission is considering a proposal filed by Central Hudson Gas & Electric Corporation (CHG&E or the NO HEARING(S) SCHEDULED Company) to increase its gas delivery revenues for the rate year ending June 30, 2019, by approximately $18.1 million (18.5% in delivery Notice of Intent to Submeter Electricity revenues, or 12.3% in total revenues). CHG&E’s requested increase in I.D. No. delivery revenues results in an average residential monthly delivery bill PSC-41-17-00005-P increase of $14.33 (18.5% increase on the delivery bill, or a 12.3% increase on a total bill) for a heating customer using 69 Ccf per month. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- The Company has proposed using $10 million of moderation in the form cedure Act, NOTICE is hereby given of the following proposed rule: of bill credits, which would reduce the impact on customers from $18.1 Proposed Action: The Commission is considering the notice of intent of million to $8.1 million. The resulting impact with the use of moderators Sandy 350 LLC to submeter electricity at 350 Clarkson Avenue, Brooklyn, on a typical residential heating customer would be $5.51 per month (7.1% New York. increase on the delivery bill and a 4.7% increase on the total bill). The initial suspension period for the proposed filing runs through December Statutory authority: Public Service Law, sections 2, 4(1), 30, 32-48, 52, 24, 2017. The full text of the proposal may be reviewed online at the 53, 65(1), 66(1), (2), (3), (4), (12) and (14) Department of Public Service web page: www.dps.ny.gov. The Commis- Subject: Notice of intent to submeter electricity. sion may adopt, reject or modify, in whole or in part, the relief proposed Purpose: To consider the notice of intent of Sandy 350 LLC to submeter and may resolve related matters. electricity at 350 Clarkson Avenue, Brooklyn, New York.

15 Rule Making Activities NYS Register/October 11, 2017

Substance of proposed rule: The Commission is considering the notice of intent of Sandy 350 LLC filed on July 26, 2017, to submeter electricity at 350 Clarkson Avenue, Brooklyn, New York, located in the service terri- Office of Temporary and tory of Consolidated Edison Company of New York, Inc. The full text of the notice of intent may be reviewed online at the Department of Public Disability Assistance Service web page: www.dps.ny.gov. The Commission may adopt, reject or modify, in whole or in part, the relief requested and may resolve related matters. NOTICE OF ADOPTION Text of proposed rule and any required statements and analyses may be Mandated Reporter Requirement and Background Checks obtained by filing a Document Request Form (F-96) located on our website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John I.D. No. TDA-31-17-00002-A Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New Filing No. 807 York 12223-1350, (518) 486-2655, email: [email protected] Filing Date: 2017-09-26 Data, views or arguments may be submitted to: Kathleen H. Burgess, Effective Date: 2017-10-11 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 action: notice. Action taken: Addition of Part 901 to Title 18 NYCRR. Statutory authority: Social Services Law, sections 17(a)-(b), (j), 20(2)(b), Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural 34(3)(c)-(d), (6), 412, 413, 424-a, 460-h, 495; L. 2017, ch. 56, part Q Area Flexibility Analysis and Job Impact Statement Subject: Mandated reporter requirement and background checks. Statements and analyses are not submitted with this notice because the Purpose: To implement the State regulations as required by part Q of proposed rule is within the definition contained in section 102(2)(a)(ii) of chapter 56 of the Laws of 2017. the State Administrative Procedure Act. Substance of final rule: The Office of Temporary and Disability Assis- (17-E-0456SP1) tance (OTDA) is proposing the addition of 18 NYCRR Part 901, pursuant to Part Q of Chapter 56 of the Laws of 2017, to require publicly-funded PROPOSED RULE MAKING emergency shelters for families with children to perform checks of the NO HEARING(S) SCHEDULED Statewide Central Register of Child Abuse and Maltreatment (SCR), the Staff Exclusion List of Category One Cases of Abuse and Neglect (SEL), Petition to Submeter Electricity and criminal history information for certain persons functioning in qualify- ing roles in publicly-funded emergency shelters for families with children I.D. No. PSC-41-17-00008-P and who have the potential for regular and substantial contact with chil- dren served by these emergency shelters. This rule also expands the list of individuals who are mandated reporters of child abuse and maltreatment PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- by amending State regulations, consistent with recent amendments to cedure Act, NOTICE is hereby given of the following proposed rule: Social Services Law § 413(1), to include employees of publicly-funded emergency shelters for families with children. Proposed Action: The Commission is considering the petition of 1115 Add Subpart 901-1 addressing the mandated reporter requirement, SCR, Fifth Avenue Corporation to submeter electricity at 1115 Fifth Avenue, and SEL. New York, New York. Add § 901-1.1(a) to include definitions of the following terms that are used in this Subpart: contractor, facility, Justice Center, Office, prospec- Statutory authority: Public Service Law, sections 2, 4(1), 30, 32-48, 52, tive consultant, prospective employee, prospective volunteer, and 53, 65(1), 66(1), (2), (3), (4), (12) and (14) publicly-funded emergency shelter for families with children. A technical Subject: Petition to submeter electricity. change is being made to the definition of “facility” in § 901-1.1(a)(2) to correct a cross-reference within the subdivision. Purpose: To consider the petition of 1115 Fifth Avenue Corporation to Add § 901-1.1(b) to include the screening requirements, notice provi- submeter electricity at 1115 Fifth Avenue, New York, New York. sions, and record keeping requirements for publicly-funded emergency shelters for families with children regarding the SCR and the SEL checks. Substance of proposed rule: The Commission is considering the petition Provisions relating to the temporary approval of individuals subject to of 1115 Fifth Avenue Corporation filed on August 1, 2017, to submeter these checks prior to obtaining the results are included, as well as the anal- electricity at 1115 Fifth Avenue, New York, New York, located in the ser- ysis that must occur when an individual is found to be the subject of an vice territory of Consolidated Edison Company of New York, Inc. The full indicated report. text of the petition may be reviewed online at the Department of Public Add § 901-1.1(c) to include the mandated reporter requirements for Service web page: www.dps.ny.gov. The Commission may adopt, reject or employees of publicly-funded emergency shelters for families with chil- modify, in whole or in part, the relief requested and may resolve related dren when they have reasonable cause to suspect that a child coming matters. before them in their professional or official capacity as an employee of a publicly-funded emergency shelter for families with children is an abused Text of proposed rule and any required statements and analyses may be or maltreated child. obtained by filing a Document Request Form (F-96) located on our Add § 901-1.1(d) to include a severability provision so that if any pro- website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John vision of this Subpart or the application thereof to any person or circum- Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New stance is determined to be invalid, such determination shall not affect York 12223-1350, (518) 486-2655, email: [email protected] other provisions or applications of this Subpart and they are deemed to be severable. Data, views or arguments may be submitted to: Kathleen H. Burgess, Add Subpart 901-2 addressing criminal history information reviews. Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New Add § 901-2.1 to provide that this Subpart, relating to criminal history York 12223-1350, (518) 474-6530, email: [email protected] background checks, shall apply to every provider of services to publicly- funded emergency shelters for families with children. Public comment will be received until: 45 days after publication of this Add § 901-2.2 to include definitions of the following terms that are notice. used in this section: authorized person, criminal history information, Divi- Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural sion, facility, Office, prospective assistant, prospective consultant, pro- Area Flexibility Analysis and Job Impact Statement spective employee, prospective volunteer, provider of services, publicly- funded emergency shelter for families with children, subject individual, Statements and analyses are not submitted with this notice because the and supervising social services district. A technical change is being made proposed rule is within the definition contained in section 102(2)(a)(ii) of to the definition of “facility” in § 901-2.2(d) to correct a cross-reference the State Administrative Procedure Act. within the section. The word “contractor” is also being added to the defini- (17-E-0468SP1) tion to correct an omission.

16 NYS Register/October 11, 2017 Rule Making Activities

Add § 901-2.3 to include the procedure, notice requirements, and informed consents relating to the submission of fingerprints by prospec- tive employees, consultants, assistants and volunteers in order to obtain criminal history information. This section also provides that an individual subject to the background check requirement can withdraw from the ap- plication process, without prejudice, at any time. Add § 901-2.4 to include the required procedure when a publicly- funded emergency shelter for homeless families with children receives criminal history information. Specifically, it requires that upon receipt of criminal history information from the Division of Criminal Justice Ser- vices, the shelter provider shall assess the information to consider and determine whether to approve or disapprove the prospective employee, prospective consultant, prospective volunteer or prospective assistant in accordance with the provisions of article 23-A of the Correction Law and Executive Law § 296(15) and (16). It also provides the subject individual the opportunity to explain why the application should not be denied and requires that the individual shall be provided with information detailing how to seek correction of information contained in the report. A technical change is being made to § 901-2.4(b) to clarify that the subdivision, like the others in this section, addresses a “prospective assistant.” Add § 901-2.5 to include documentation and confidentiality provisions relative to criminal history background checks conducted pursuant to the regulation. It also provides that any party who willfully permits the disclosure of any confidential criminal history information obtained pur- suant to this Subpart to parties not authorized to receive such information shall be guilty of a misdemeanor. Add § 901-2.6 to include the required procedure when it is learned that an individual subject to a criminal background check has a pending crimi- nal charges. Add § 901-2.7 to include the responsibilities incumbent upon publicly- funded emergency shelters for families with children regarding record- keeping, retention and disposal of criminal history information, and the requirement that each qualified shelter provider have policies and procedures to ensure compliance with the regulation. Add § 901-2.8 to include a severability provision so that if any provi- sion of this Subpart or the application thereof to any person or circumstance is determined to be invalid, such determination shall not affect other pro- visions or applications of this Subpart and they are deemed to be severable. A copy of the full text of the regulatory proposal is available on OTDA’s website at http://otda.ny.gov/legal/regulatory-activities.asp. Final rule as compared with last published rule: Nonsubstantial changes were made in sections 901-1.1(a)(2), 901-2.2(d) and 901-2.4(b). Text of rule and any required statements and analyses may be obtained from: Richard P. Rhodes, Jr., New York State Office of Temporary and Disability Assistance, 40 North Pearl Street, 16-C, Albany, NY 12243- 0001, (518) 486-7503, email: [email protected] Revised Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement Changes made to the published rule do not necessitate revisions to the previously published Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement. The revisions made to the rule at § § 901-1.1(a)(2), 901-2.2(d), and 901-2.4(b) merely clarify the regulatory text and do not materially alter its purpose, meaning, or effect. A revised Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact State- ment are unnecessary. Initial Review of Rule As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2020, which is no later than the 3rd year af- ter the year in which this rule is being adopted. Assessment of Public Comment The agency received no public comment.

17 Rule Making Activities NYS Register/October 11, 2017

HEARINGS SCHEDULED FOR PROPOSED RULE MAKINGS Agency I.D. No. Subject Matter Location—Date—Time Liquor Authority, State LQR-35-17-00002-P ...... Updated price posting rules, and recordkeep- State Liquor Authority, 317 Lenox Ave., 4th ing requirements, and repeal of license dura- Fl., New York, NY—October 25, 2017, 10:00 tions and whiskey dividend rules a.m. Long Island Power Authority LPA-41-17-00010-P ...... The undergrounding provisions of the H. Lee Dennison Bldg., 100 Veterans Memo- Authority’s Tariff for Electric Service rial Hwy., Hauppauge, NY—November 27, 2017, 10:00 a.m. Long Island Power Authority, 333 Earle Ovington Blvd., 4th Fl., Uniondale, NY— November 27, 2017, 2:00 p.m. LPA-41-17-00011-P ...... The remote meter reading provisions of the H. Lee Dennison Bldg., 100 Veterans Memo- Authority’s Tariff for Electric Service rial Hwy., Hauppauge, NY—November 27, 2017, 10:00 a.m. Long Island Power Authority, 333 Earle Ovington Blvd., 4th Fl., Uniondale, NY— November 27, 2017, 2:00 p.m. LPA-41-17-00012-P ...... The net energy metering provisions of the H. Lee Dennison Bldg., 100 Veterans Memo- Authority’s Tariff for Electric Service rial Hwy., Hauppauge, NY—November 27, 2017, 10:00 a.m. Long Island Power Authority, 333 Earle Ovington Blvd., 4th Fl., Uniondale, NY— November 27, 2017, 2:00 p.m. Public Service Commission PSC-41-17-00006-P ...... Major electric rate filing Department of Public Service, Agency Bldg. 3, 19th Fl. Boardroom, Albany, NY—January 9, 2018, 10:00 a.m. (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 avail- able at the DPS website (www.dps.ny.gov) under Case 17-E-0459. PSC-41-17-00007-P ...... Major gas rate filing Department of Public Service, Agency Bldg. 3, 19th Fl. Boardroom, Albany, NY—January 9, 2018, 10:00 a.m. (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 avail- able at the DPS website (www.dps.ny.gov) under Case 17-G-0460.

18 NYS Register/October 11, 2017 Action Pending Index

ACTION PENDING INDEX

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

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

ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, OFFICE OF

ASA-24-17-00017-RP ...... 06/14/18 General service standards for chemical Conforms HIV and Hepatitis testing in dependence outpatient (CD-OP) and opioid accordance with the public health law; clarifies treatment programs (OTP) the services a peer may provide

ASA-24-17-00018-RP ...... 06/14/18 Residential services Conforms HIV and Hepatitis testing requirements in residential settings with public health law

ASA-41-17-00001-P ...... 10/11/18 Establishment, Incorporation and Certification Clarifies the obligation to recognize alcohol/ of Providers of Substance Use Disorder substance abuse programs operated by Indian Services Health Services facilities

CHILDREN AND FAMILY SERVICES, OFFICE OF

CFS-32-17-00001-EP ...... 08/09/18 Mandated reporter requirements for To implement mandated reporter requirements employees of residential domestic violence for employees of residential domestic violence programs programs

CFS-36-17-00005-EP ...... 09/06/18 Duty to report incidents involving vulnerable To implement statutory requirement to report persons to the Justice Center’s Vulnerable incidents involving vulnerable persons. Persons’ Central Register.

CIVIL SERVICE, DEPARTMENT OF

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

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

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

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

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

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

19 Action Pending Index NYS Register/October 11, 2017 Agency I.D. No. Expires Subject Matter Purpose of Action

CIVIL SERVICE, DEPARTMENT OF

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

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

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

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

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

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

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

CVS-01-17-00006-P ...... 01/04/18 Jurisdictional Classification To classify a position in the non-competitive class

CVS-01-17-00007-P ...... 01/04/18 Jurisdictional Classification To delete a position from and classify positions in the non-competitive class

CVS-01-17-00008-P ...... 01/04/18 Jurisdictional Classification To classify a position in the exempt class

CVS-01-17-00009-P ...... 01/04/18 Jurisdictional Classification To classify positions in the non-competitive class

CVS-01-17-00010-P ...... 01/04/18 Jurisdictional Classification To classify a position in the exempt class

CVS-01-17-00011-P ...... 01/04/18 Jurisdictional Classification To classify a position in the exempt class

CVS-01-17-00012-P ...... 01/04/18 Jurisdictional Classification To delete a position from and classify a position in the exempt class

CVS-01-17-00013-P ...... 01/04/18 Jurisdictional Classification To classify a position in the exempt class

CVS-01-17-00014-P ...... 01/04/18 Jurisdictional Classification To delete a position from and classify a position in the exempt class

CVS-01-17-00015-P ...... 01/04/18 Jurisdictional Classification To classify a position in the exempt class

CVS-01-17-00017-P ...... 01/04/18 Jurisdictional Classification To delete positions from and classify positions in the non-competitive class

CVS-04-17-00003-P ...... 01/25/18 Jurisdictional Classification To classify a position in the exempt class

CVS-04-17-00004-P ...... 01/25/18 Jurisdictional Classification To classify positions in the exempt class

CVS-07-17-00003-P ...... 02/15/18 Jurisdictional Classification To classify a position in the exempt class

CVS-07-17-00004-P ...... 02/15/18 Jurisdictional Classification To classify a position in the non-competitive class

CVS-07-17-00005-P ...... 02/15/18 Jurisdictional Classification To classify a position in the exempt class

CVS-07-17-00006-P ...... 02/15/18 Jurisdictional Classification To classify positions in the exempt class

20 NYS Register/October 11, 2017 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

CIVIL SERVICE, DEPARTMENT OF

CVS-07-17-00007-P ...... 02/15/18 Jurisdictional Classification To classify a position non-competitive class.

CVS-12-17-00004-P ...... 03/22/18 Jurisdictional Classification To classify a position in the non-competitive class

CVS-12-17-00005-P ...... 03/22/18 Jurisdictional Classification To delete a position from and classify a position in the non-competitive class.

CVS-12-17-00006-P ...... 03/22/18 Jurisdictional Classification To delete positions from and classify positions in the non-competitive class.

CVS-12-17-00007-P ...... 03/22/18 Jurisdictional Classification To classify positions in the exempt class

CVS-12-17-00008-P ...... 03/22/18 Jurisdictional Classification To classify a position in the non-competitive class

CVS-12-17-00009-P ...... 03/22/18 Jurisdictional Classification To classify positions in the non-competitive class

CVS-12-17-00010-P ...... 03/22/18 Jurisdictional Classification To delete positions from and classify positions in the exempt class

CVS-17-17-00002-P ...... 04/26/18 Supplemental military leave benefits To extend the availability of supplemental military leave benefits for certain New York State employees until December 31, 2017

CVS-18-17-00001-P ...... 05/03/18 Jurisdictional Classification To classify a position in the exempt class

CVS-18-17-00002-P ...... 05/03/18 Jurisdictional Classification To classify a position in the exempt class

CVS-18-17-00003-P ...... 05/03/18 Jurisdictional Classification To classify positions in the exempt class

CVS-18-17-00004-P ...... 05/03/18 Jurisdictional Classification To classify a position in the non-competitive class

CVS-18-17-00005-P ...... 05/03/18 Jurisdictional Classification To classify positions in the exempt class

CVS-18-17-00006-P ...... 05/03/18 Jurisdictional Classification To classify a position in the non-competitive class

CVS-18-17-00007-P ...... 05/03/18 Jurisdictional Classification To classify a position in the exempt class

CVS-18-17-00008-P ...... 05/03/18 Jurisdictional Classification To classify positions in the non-competitive class

CVS-18-17-00009-P ...... 05/03/18 Jurisdictional Classification To classify positions in the non-competitive class

CVS-18-17-00010-P ...... 05/03/18 Jurisdictional Classification To classify a position in the non-competitive class

CVS-18-17-00011-P ...... 05/03/18 Jurisdictional Classification To classify positions in the exempt class

CVS-18-17-00012-P ...... 05/03/18 Jurisdictional Classification To classify positions in the exempt class

CVS-18-17-00013-P ...... 05/03/18 Jurisdictional Classification To delete a position from and classify a position in the exempt class

21 Action Pending Index NYS Register/October 11, 2017 Agency I.D. No. Expires Subject Matter Purpose of Action

CIVIL SERVICE, DEPARTMENT OF

CVS-18-17-00014-P ...... 05/03/18 Jurisdictional Classification To classify positions in the exempt and non- competitive classes

CVS-18-17-00015-P ...... 05/03/18 Jurisdictional Classification To classify positions in the exempt class

CVS-18-17-00016-P ...... 05/03/18 Jurisdictional Classification To classify positions in the non-competitive class

CVS-18-17-00017-P ...... 05/03/18 Jurisdictional Classification To classify positions in the exempt class and delete positions from the non-competitive class

CVS-23-17-00001-P ...... 06/07/18 Jurisdictional Classification To delete a position from and classify a position in the exempt class

CVS-23-17-00002-P ...... 06/07/18 Jurisdictional Classification To classify a position in the exempt class

CVS-23-17-00003-P ...... 06/07/18 Jurisdictional Classification To classify positions in the exempt class

CVS-23-17-00005-P ...... 06/07/18 Jurisdictional Classification To delete positions from and classify positions in the non-competitive class

CVS-23-17-00006-P ...... 06/07/18 Jurisdictional Classification To classify positions in the non-competitive class

CVS-23-17-00007-P ...... 06/07/18 Jurisdictional Classification To classify a position in the exempt class

CVS-23-17-00008-P ...... 06/07/18 Jurisdictional Classification To classify a position in the non-competitive class

CVS-23-17-00009-P ...... 06/07/18 Jurisdictional Classification To classify a position in the exempt class

CVS-23-17-00010-P ...... 06/07/18 Jurisdictional Classification To classify positions in the exempt class

CVS-23-17-00011-P ...... 06/07/18 Jurisdictional Classification To classify positions in the exempt class

CVS-23-17-00012-P ...... 06/07/18 Jurisdictional Classification To delete positions from and classify positions in the exempt class

CVS-23-17-00013-P ...... 06/07/18 Jurisdictional Classification To delete positions from and classify positions in the exempt class

CVS-23-17-00014-P ...... 06/07/18 Jurisdictional Classification To delete positions from and classify positions in the exempt class

CVS-30-17-00006-P ...... 07/26/18 Jurisdictional Classification To classify a position in the non-competitive class

CVS-30-17-00007-P ...... 07/26/18 Jurisdictional Classification To classify positions in the exempt class

CVS-30-17-00008-P ...... 07/26/18 Jurisdictional Classification To classify a position in the exempt class

CVS-30-17-00009-P ...... 07/26/18 Jurisdictional Classification To classify a position in the exempt class

CVS-30-17-00010-P ...... 07/26/18 Jurisdictional Classification To delete a position from and classify a position in the exempt class

CVS-30-17-00011-P ...... 07/26/18 Jurisdictional Classification To classify positions in the non-competitive class

22 NYS Register/October 11, 2017 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

CIVIL SERVICE, DEPARTMENT OF

CVS-30-17-00012-P ...... 07/26/18 Jurisdictional Classification To classify positions in the non-competitive class

CVS-30-17-00013-P ...... 07/26/18 Jurisdictional Classification To delete positions from and classify positions in the non-competitive class

CVS-30-17-00014-P ...... 07/26/18 Jurisdictional Classification To classify a position in the non-competitive class.

CVS-30-17-00015-P ...... 07/26/18 Jurisdictional Classification To classify a position in the exempt class

CVS-30-17-00016-P ...... 07/26/18 Jurisdictional Classification To classify a position in the exempt class

CVS-30-17-00017-P ...... 07/26/18 Jurisdictional Classification To classify a position in the exempt class

CVS-30-17-00018-P ...... 07/26/18 Jurisdictional Classification To classify a position in the exempt class

CVS-30-17-00019-P ...... 07/26/18 Jurisdictional Classification To classify a position in the exempt class

CVS-30-17-00020-P ...... 07/26/18 Jurisdictional Classification To delete positions from and classify positions in the exempt class and to delete positions from the non-competitive class.

CVS-30-17-00021-P ...... 07/26/18 Jurisdictional Classification To add a subheading and to classify positions in the non-competitive class

CVS-30-17-00022-P ...... 07/26/18 Jurisdictional Classification To classify positions in the exempt class

CVS-30-17-00023-P ...... 07/26/18 Jurisdictional Classification To classify positions in the exempt and non- competitive classes

CVS-33-17-00002-P ...... 08/16/18 Jurisdictional Classification To classify a position in the non-competitive class

CVS-33-17-00003-P ...... 08/16/18 Jurisdictional Classification To classify a position in the exempt class

CVS-33-17-00004-P ...... 08/16/18 Jurisdictional Classification To classify positions in the non-competitive class

CVS-33-17-00005-P ...... 08/16/18 Jurisdictional Classification To delete a position from and classify a position in the non-competitive class

CVS-33-17-00006-P ...... 08/16/18 Jurisdictional Classification To classify a position in the non-competitive class

CVS-33-17-00007-P ...... 08/16/18 Jurisdictional Classification To classify a position in the non-competitive class

CVS-33-17-00008-P ...... 08/16/18 Jurisdictional Classification To classify positions in the exempt and non- competitive classes

COMMISSIONER OF PILOTS, BOARD OF

COP-41-17-00009-P ...... 10/11/18 Sandy Hook Pilot Apprentices To amend the Sandy Hook pilot apprenticeship program

23 Action Pending Index NYS Register/October 11, 2017 Agency I.D. No. Expires Subject Matter Purpose of Action

CORRECTIONS AND COMMUNITY SUPERVISION, DEPARTMENT OF

CCS-35-17-00001-EP ...... 08/30/18 Officials of the Department of Corrections and To designate certain employees of the Community Supervision Department as officials with peace officer status

CCS-39-17-00001-P ...... 09/27/18 Temporary Release Program Rules and To amend current regulations governing the Regulations temporary release program consistent with governing statutes and agency directives.

CRIMINAL JUSTICE SERVICES, DIVISION OF

CJS-30-17-00025-P ...... 07/26/18 Familial Search Policy To codify a familial search policy

CJS-31-17-00004-P ...... 08/02/18 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-21-17-00008-ERP ...... 05/24/18 The education of homeless children and Required by the federal McKinney-Vento youths (McKinney-Vento Homeless Homeless Assistance Act (42 U.S.C. section Assistance Act) 11431 et seq.), as amended by ESSA

EDU-27-17-00006-P ...... 07/05/18 Interstate Compact for Educational To implement Ch. 328 of the Laws of 2014 and Opportunity for Military Children and Physical to provide flexibility in the physical education Education Requirements for a Diploma. diploma requirements.

EDU-31-17-00006-P ...... 08/02/18 Members on the Library and Museum Council The purpose of the proposed amendment is to increase the membership of the Library and Museum Councils

EDU-37-17-00003-P ...... 09/13/18 Requirements for the Educational Leadership Modify the educational requirements for out-of- Service state candidates seeking licensure in New York

EDU-39-17-00006-EP ...... 09/27/18 Conditional initial certificates for classroom Allow out-of-state teachers obtain a conditional teachers cert. while completing their edTPA req. during their 1st year of employ in NY

EDU-39-17-00012-P ...... 09/27/18 Eligibility for Tuition Assistance Program Amend definition of full-time study for students in their last year of high school

EDU-39-17-00013-P ...... 09/27/18 Principal Preparation Programs and Annual Establishes new professional practice Professional Performance Reviews guidelines and expectations for principals

ELECTIONS, STATE BOARD OF

SBE-21-17-00002-P ...... 05/24/18 Administrative Complaint Procedure for To streamline the HAVA complaint procedure Resolution of Violations of Title III Provisions and clarify that Counsel’s Office at SBOE of HAVA administers the procedure

SBE-21-17-00005-RP ...... 05/24/18 Designation of treasurer removal committee To implement the process of treasurer removal and related procedures provided for by Part C of Chapter 286 of the Laws of 2016

SBE-28-17-00004-P ...... 07/12/18 Use of independent automated audit tools To implement the amendment to Election Law 9-211 permitting use of independent automated audit tools

24 NYS Register/October 11, 2017 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

ENVIRONMENTAL CONSERVATION, DEPARTMENT OF

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

*ENV-36-16-00002-P ...... 11/02/17 Lake Champlain drainage basin To reclassify certain surface waters in Lake Champlain Drainage Basin, in Clinton, Essex, Franklin, Warren, Washington counties

ENV-06-17-00001-P ...... 03/31/18 Amendments to 6 NYCRR Part 617 (which The purpose of the rule making is to streamline implement the State Environmental Quality the SEQR process without sacrificing Review Act [Article 8 of the ECL]) meaningful environmental review

ENV-14-17-00001-P ...... 05/25/18 Prevention and Control of Environmental To amend regulations pertaining to disposal Pollution by Radioactive Materials and release of radioactive materials to the environment

ENV-16-17-00003-P ...... 04/19/18 Permits for taking surfclams To reduce paperwork and streamline the surfclam permitting process

ENV-19-17-00003-P ...... 06/30/18 Part 232 regulates entities that operate dry Repeal and replace Part 232 to reduce cleaning machines. alternative solvent and perc emissions.

ENV-22-17-00001-EP ...... 05/31/18 Regulations governing the recreational To revise regulations concerning the harvest of summer flounder recreational harvest of summer flounder in New York State

ENV-27-17-00007-P ...... 07/05/18 Repeal 6 NYCRR Part 500 and Amend/ To correct or remove outdated references in Repeal references to Parts 750-758 the Department’s regulations.

ENV-28-17-00003-P ...... 07/12/18 Management of crustaceans, horseshoe Modify rules on terrapin excluder device, HSC crabs (HSC) and whelk; protection of terrapin harvest limit and whelk reporting

FINANCIAL SERVICES, DEPARTMENT OF

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

*DFS-39-16-00007-RP ...... 09/28/17 Charges for Professional Health Services Limit reimbursement of no-fault health care services provided outside NYS to highest fees in fee schedule for services in NYS

DFS-11-17-00003-P ...... 03/15/18 Continuing Care Retirement Communities Amend rules related to permitted investments, financial transactions, reporting requirements and add new optional contract type

DFS-18-17-00020-P ...... 05/03/18 Establishment And Operation Of Market To allow for the implementation of a market Stabilization Mechanisms For Certain Health stabilization pool for the small group health Insurance Markets insurance market

DFS-18-17-00021-P ...... 05/03/18 Title Insurance Rates, Expenses and Charges To insure proper, non-excessive rates, compliance with Ins. Law 6409(d), and reasonable charges for ancillary services

DFS-18-17-00022-P ...... 05/03/18 Title insurance agents, affiliated relationships, To implement requirements of Chapter 57 of and title insurance business Laws of NY 2014 re: title insurance agents and placement of title insurance business

DFS-20-17-00001-P ...... 05/17/18 Private Passenger Motor Vehicle Insurance To ensure education level attained/occupational Multi-Tier Programs status in initial tier placement/movement does not result in unfair rate

25 Action Pending Index NYS Register/October 11, 2017 Agency I.D. No. Expires Subject Matter Purpose of Action

FINANCIAL SERVICES, DEPARTMENT OF

DFS-25-17-00002-EP ...... 06/21/18 Minimum standards for form, content and sale To ensure coverage for essential health of health insurance, including standards of full benefits in all individual, small group, and and fair disclosure student accident and health policies

DFS-25-17-00007-EP ...... 06/21/18 Transportation network companies, minimum Implements Part AAA of Chapter 59 of the requirements for financial responsibility Laws of 2017, providing for the operation of policies and other requirements transportation network companies in NY

DFS-32-17-00017-P ...... 08/09/18 Holding Companies To make technical correction to and clarification of 11 NYCRR section 80-1.6(3)

DFS-35-17-00003-P ...... 08/30/18 Privacy of Consumer Financial and Health To incorporate recent changes to federal Information, General Provisions privacy laws regarding information maintained by financial institutions

DFS-39-17-00002-P ...... 09/27/18 Minimum Standards for Form, Content and Provide a formulary exception process for Sale of Health Insurance, Including Standards medication for the detoxification or of Full and Fair Disclosure maintenance treatment of a substance use disorder

DFS-40-17-00003-P ...... 10/04/18 Registration Requirements and Prohibited To address deficient practices of consumer Practices for Credit Reporting Agencies credit reporting agencies and protect user of and the market for financial services

GAMING COMMISSION, NEW YORK STATE

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

HEALTH, DEPARTMENT OF

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

*HLT-37-16-00024-RP ...... 12/13/17 Medical Use of Marihuana To comprehensively regulate the manufacture, sale and use of medical marihuana

HLT-41-16-00002-ERP ...... 01/10/18 Residential Health Care Facility Quality Pool To reward NYS facilities with the highest quality outcomes as determined by methodology developed by regulation

HLT-07-17-00009-P ...... 02/15/18 Public Water Systems To incorporate federal rules and revisions to Public Health Law

HLT-20-17-00013-P ...... 05/17/18 Lead Testing in School Drinking Water Requires lead testing and remediation of potable drinking water in schools

HLT-21-17-00001-EP ...... 05/24/18 Physician and Pharmacies; Prescribing, To allow any authorized practitioner to Administering and Dispensing for the prescribe, administer & dispense Treatment of Narcotic Addiction buprenorphine for the treatment of narcotic addiction.

HLT-25-17-00010-P ...... 06/21/18 Communication Between Clinical Laboratory To allow lab physicians to discuss the meaning Physicians and Patients and interpretation of test results with patients under certain circumstances

HLT-28-17-00001-P ...... 07/12/18 Children’s Behavioral Health and Health To authorize Medicaid coverage of new Services behavioral health and health services for children under 21 years of age

26 NYS Register/October 11, 2017 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

HEALTH, DEPARTMENT OF

HLT-28-17-00009-P ...... 08/17/18 Early Intervention Program To conform existing program regulations to federal regulations and state statute

HLT-33-17-00022-P ...... 08/16/18 Medical Conditions For Which An Exemption Amend the existing list of medical conditions From Restrictions On Tinted Glass May Be for a NYSregistered driver or habitual Issued passenger for an exemption to tinted glass

HLT-38-17-00001-P ...... 09/20/18 Trauma Centers Requires hospitals to be verified by the American College of Surgeons Committee to be designated trauma centers by the Dept.

JOINT COMMISSION ON PUBLIC ETHICS, NEW YORK STATE

JPE-34-17-00002-EP ...... 08/23/18 Records access To update regulations governing records access

JPE-34-17-00003-P ...... 08/23/18 Comprehensive lobbying regulations To set forth comprehensive lobbying regulations that implement the provisions of the Lobbying Act

JPE-34-17-00004-P ...... 08/23/18 Source of funding reporting. To make consistent with the new comprehensive lobbying regulations at Part 943 and clarify exemption procedures.

LIQUOR AUTHORITY, STATE

LQR-33-17-00009-P ...... 08/16/18 Repeal of archaic rules regarding local To repeal archaic rules regarding local boards, boards, removals of package stores, and removals of package stores, and retail price retail price affirmations affirmations

LQR-35-17-00002-P ...... 10/25/18 Updated price posting rules, and To update price posting rules, and recordkeeping requirements, and repeal of recordkeeping requirements, and repeal of license durations and whiskey dividend rules license duration rules and whiskey dividend rules

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-28-17-00010-P ...... exempt Low income customer program provisions of To update the Authority’s low income programs the Authority’s Tariff for Electric Service consistent with the rest of New York State

LPA-41-17-00010-P ...... exempt The undergrounding provisions of the To offer local communities a mechanism for Authority’s Tariff for Electric Service financing the additional cost of undergrounding projects.

LPA-41-17-00011-P ...... exempt The remote meter reading provisions of the To eliminate charges for remote meter reading. Authority’s Tariff for Electric Service.

LPA-41-17-00012-P ...... exempt The net energy metering provisions of the To update the Authority’s net energy metering Authority’s Tariff for Electric Service. provisions consistent with the rest of New York State.

27 Action Pending Index NYS Register/October 11, 2017 Agency I.D. No. Expires Subject Matter Purpose of Action

MENTAL HEALTH, OFFICE OF

OMH-31-17-00001-P ...... 08/02/18 Early and Periodic Screening, Diagnostic and To promote the expansion of behavioral health Treatment Services for Children services for children and youth under 21 years of age

MOTOR VEHICLES, DEPARTMENT OF

MTV-26-17-00003-EP ...... 06/28/18 Insurance requirements for TNC vehicles Technical amendment regarding insurance requirements for TNC vehicles

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

NIAGARA FRONTIER TRANSPORTATION AUTHORITY

NFT-23-17-00016-P ...... 06/07/18 Procurement Guidelines of the Niagara To amend Procurement Guidelines to reflect Frontier Transportation Authority and Niagara changes in law, clarifying provisions and Frontier Transit Metro System, Inc. change signing authority level

PEOPLE WITH DEVELOPMENTAL DISABILITIES, OFFICE FOR

PDD-08-17-00006-P ...... 02/22/18 Certification of Facilities and Home and To update, reorganize, and relocate existing Community Based Services (HCBS) requirements for certification of programs and services in OPWDD’s system

PDD-34-17-00001-P ...... 08/23/18 Developmental Disability Definition Update To conform OPWDD’s definition of developmental disability in existing regulations with Mental Hygiene Law

PDD-36-17-00014-P ...... 09/06/18 Agency Name Change Update To update the agency name in Title 14 NYCRR Parts 630 and 671.

POWER AUTHORITY OF THE STATE OF NEW YORK

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

PAS-41-17-00002-P ...... exempt Rates for the Sale of Power and Energy To align rates and costs

PUBLIC SERVICE COMMISSION

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

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

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

28 NYS Register/October 11, 2017 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 Natural Gas Corporation gas costs

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

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

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

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

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

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

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

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

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

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

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

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

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

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

29 Action Pending Index NYS Register/October 11, 2017 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

30 NYS Register/October 11, 2017 Action Pending Index 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 To extend the deadline to Central Hudson’s benefits low-income customers

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

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

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

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

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

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

31 Action Pending Index NYS Register/October 11, 2017 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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 the Consolidated Edison Company of New staff’s investigation York, Inc.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

32 NYS Register/October 11, 2017 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

33 Action Pending Index NYS Register/October 11, 2017 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

34 NYS Register/October 11, 2017 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

35 Action Pending Index NYS Register/October 11, 2017 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

36 NYS Register/October 11, 2017 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

37 Action Pending Index NYS Register/October 11, 2017 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

38 NYS Register/October 11, 2017 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

39 Action Pending Index NYS Register/October 11, 2017 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

40 NYS Register/October 11, 2017 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

41 Action Pending Index NYS Register/October 11, 2017 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

42 NYS Register/October 11, 2017 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

*PSC-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.

43 Action Pending Index NYS Register/October 11, 2017 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

*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.

44 NYS Register/October 11, 2017 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

45 Action Pending Index NYS Register/October 11, 2017 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

*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

46 NYS Register/October 11, 2017 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

47 Action Pending Index NYS Register/October 11, 2017 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

48 NYS Register/October 11, 2017 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

49 Action Pending Index NYS Register/October 11, 2017 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

50 NYS Register/October 11, 2017 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

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

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

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

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

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

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

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

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

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

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

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

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

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

51 Action Pending Index NYS Register/October 11, 2017 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

52 NYS Register/October 11, 2017 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

*PSC-25-16-00009-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-25-16-00018-P ...... exempt Proposed Community Choice Aggregation To ensure appropriate consumer protections in Data Security Agreement. Community Choice Aggregation programs.

*PSC-25-16-00024-P ...... exempt Pole Attachment Rules. To determine that the Commission’s existing pole attachment rules apply to wireless providers.

*PSC-25-16-00025-P ...... exempt Acquisition of all water supply assets of To consider acquisition of all water supply Woodbury Heights Estates Water Co., Inc. by assets of Woodbury Heights Estates Water the Village of Kiryas Joel. Co., Inc. by the Village of Kiryas Joel.

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

*PSC-28-16-00017-P ...... exempt A petition for rehearing of the Order Adopting To determine appropriate rules for and a Ratemaking and Utility Revenue Model calculation of the distributed generation Policy Framework. reliability credit.

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

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

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

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

53 Action Pending Index NYS Register/October 11, 2017 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*PSC-33-16-00001-EP ...... exempt Use of escrow funds for repairs. To authorize the use of escrow account funds for repairs.

*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-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-34-16-00008-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-34-16-00015-P ...... exempt Community Choice Aggregation (CCA) Data To consider the implementation of fees for CCA Services. Data Services requested by CCA Administrators.

*PSC-35-16-00015-P ...... exempt NYSRC’s revisions to its rules and To consider revisions to various rules and measurements measurements of the NYSRC

*PSC-36-16-00003-P ...... exempt Petition regarding the Commission’s July 14, To consider the terms and conditions of utility 2016 Order Denying Petition. service received by Fastrac Markets, LLC.

*PSC-36-16-00004-P ...... exempt Recovery of costs for installation of electric To consider the recovery of costs for service. installation of electric service.

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

PSC-40-16-00013-P ...... exempt Surcharge to recover costs of Dynamic Load To consider a surcharge to recover costs of the Management Programs. Dynamic Load Management Programs.

PSC-40-16-00014-P ...... exempt Surcharge to recover costs of Dynamic Load To consider a surcharge to recover costs of the Management Programs. Dynamic Load Management Programs.

54 NYS Register/October 11, 2017 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-40-16-00015-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent to submeter electricity at 175 Huguenot Street, New Rochelle, New York.

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

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

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

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

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

PSC-40-16-00025-P ...... exempt Consequences pursuant to the Commission’s To consider whether to impose consequences Uniform Business Practices (UBP). on Smart One for its apparent non-compliance with Commission requirements.

PSC-40-16-00026-P ...... exempt Compliance filing establishing an interruptible To consider RG&E’s proposed revisions to gas service sales rate. establish an interruptible gas service sales rate.

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

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

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

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

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

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

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

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

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

55 Action Pending Index NYS Register/October 11, 2017 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

PSC-01-17-00018-P ...... exempt The addition of Company-owned LED options To consider the addition of Company-owned under SC No. 1 - Street Lighting Service LED lighting options for customers served under SC No. 1

PSC-01-17-00022-P ...... exempt The addition of Company-owned LED options To consider the addition of Company-owned under SC No. 3 - Standard Street Lighting LED lighting options for customers served Service under SC No. 3

PSC-02-17-00010-P ...... exempt Implementation of the four EAMs. To consider the implementation of EAMs for RG&E.

PSC-02-17-00012-P ...... exempt Implementation of the four EAMs. To consider the implementation of EAMs for NYSEG.

PSC-03-17-00003-P ...... exempt Good Energy, L.P.’s Community Choice To ensure appropriate consumer protections. Aggregation Implementation Plan and Data Protection Plan.

PSC-04-17-00010-P ...... exempt The inclusion of interest in a payment To consider whether to include interest in the compensating developer for work performed calculation of the amount owed in in preparation for electric service compensation

PSC-06-17-00004-P ...... exempt Waiver to permit National Fuel Resources, To consider the Petition for a waiver Inc. to serve low-income customers

PSC-06-17-00011-P ...... exempt A waiver to permit Zone One Energy LLC to To consider the Petition for a waiver. serve low-income customers.

PSC-07-17-00019-P ...... exempt Deferral and recovery of incremental costs To consider deferring costs related to water main leak repairs for subsequent recovery

PSC-08-17-00007-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent to submeter electricity at 327 Central Park West, New York, New York.

PSC-11-17-00006-P ...... exempt Use of the Itron 100W+, to collect and To consider the use of the Itron 100W+, to transmit meter data, in water metering collect and transmit meter data in water applications. metering applications.

PSC-11-17-00009-P ...... exempt Petition to submeter electricity. To consider the petition of 8th and C HDFC to submeter electricity at 334 East 8th Street, New York, New York.

PSC-12-17-00012-P ...... exempt Amendments to the UBP. To consider amendments to the UBP.

PSC-12-17-00017-P ...... exempt Amendments to the UBP. To consider the petition for amendments to the UBP.

PSC-14-17-00009-P ...... exempt Waiver to the prohibition on service to low- To consider the petition for a waiver to the income customers by ESCOs. prohibition on service to low-income customers by ESCOs.

PSC-14-17-00010-P ...... exempt Waiver to the prohibition on service to low- To consider the petition for a waiver to the income customers by ESCOs. prohibition on service to low-income customers by ESCOs.

56 NYS Register/October 11, 2017 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-14-17-00012-P ...... exempt Waiver to the prohibition on service to low- To consider the petition for a waiver to the income customers by ESCOs. prohibition on service to low-income customers by ESCOs.

PSC-14-17-00013-P ...... exempt Waiver to the prohibition on service to low- To consider the petition for a waiver to the income customers by ESCOs. prohibition on service to low-income customers by ESCOs.

PSC-14-17-00015-P ...... exempt Waiver to the prohibition on service to low- To consider the petition for a waiver to the income customers by ESCOs. prohibition on service to low-income customers by ESCOs.

PSC-14-17-00016-P ...... exempt Waiver to the prohibition on service to low- To consider the petition for a waiver to the income customers by ESCOs.. prohibition on service to low-income customers by ESCOs.

PSC-14-17-00017-P ...... exempt Petition for Full-Scale Deployment of AMI and To consider the petition for Full-Scale to Establish an AMI Surcharge. Deployment of AMI and to Establish an AMI Surcharge.

PSC-14-17-00019-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent to submeter electricity at 94 North 3rd St., Brooklyn, NY and waiver of 16 NYCRR § 96.5(k)(3).

PSC-18-17-00024-P ...... exempt A petition for rehearing or reconsideration of To determine whether Public Policy the Order Addressing Public Policy Transmission Need/Public Policy Requirements Transmission Need for AC Transmission continue to exist. Upgrades

PSC-18-17-00025-P ...... exempt A petition for rehearing or reconsideration of To determine whether IPANY and individual the Order on Remand Denying Refunds. pay telephone providers are entitled to refunds from Verizon New York Inc.

PSC-18-17-00026-P ...... exempt Revisions to the Dynamic Load Management To consider revisions to the Dynamic Load surcharge. Management surcharge.

PSC-18-17-00027-P ...... exempt A petition for rehearing or clarification of the To determine appropriate treatment of March 9, 2017 Order. submetered energy users in community distributed generation programs.

PSC-18-17-00028-P ...... exempt A petition for rehearing, reconsideration, or To determine appropriate treatment of clarification of the March 9, 2017 Order. environmental attributes related to distributed energy resources.

PSC-18-17-00029-P ...... exempt Commission oversight of distributed energy To consider proposed standards for resource suppliers. Commission oversight of distributed energy resource suppliers.

PSC-18-17-00031-P ...... exempt Notice of Intent to submeter electricity and To consider the Notice of Intent to submeter waiver of energy audit requirement. electricity at 1328 Fulton Street, Brooklyn, NY and waiver of 16 NYCRR § 96.5(k)(3).

PSC-18-17-00033-P ...... exempt Use of the ROMET AdEM-T volumetric To consider the use of the ROMET AdEM-T corrector. volumetric corrector.

PSC-18-17-00034-P ...... exempt Use of the ROMET AdEM-PTZ volumetric To consider the use of the ROMET AdEM-PTZ corrector. volumetric corrector.

PSC-19-17-00004-P ...... exempt NYAW’s request to defer and amortize, for Consideration of NYAW’s petition to defer and future rate recognition, pension settlement amortize, for future rate recognition, pension payout losses incurred in 2016. payour losses incurred in 2016.

57 Action Pending Index NYS Register/October 11, 2017 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-20-17-00007-P ...... exempt Minor rate filing. To consider an increase in annual revenues of about $319,412 or 12.9%.

PSC-20-17-00008-P ...... exempt Compressed natural gas as a motor fuel for To consider a report filed by National Grid NY diesel fueled vehicles. regarding the potential for adoption of compressed natural gas as a motor fuel.

PSC-20-17-00010-P ...... exempt Compressed natural gas as a motor fuel for To consider a report filed by National Grid diesel fueled vehicles. regarding the potential for adoption of compressed natural gas as a motor fuel.

PSC-20-17-00011-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent of FreeWythe, LLC to submeter electricity at 60 South 2nd Street, Brooklyn, New York.

PSC-21-17-00012-P ...... exempt Compensation for distributed generation To consider appropriate compensation and systems located at farms. policies for distributed generation systems located at farms.

PSC-21-17-00013-P ...... exempt The establishment and implementation of To consider the establishment and Earnings Adjustment Mechanisms. implementation of Earnings Adjustment Mechanisms.

PSC-21-17-00015-P ...... exempt Expansion of Energy Efficiency and Advanced To consider expanded Energy Efficiency and Metering Infrastructure Programs, and AMI programs and framework for implementing implementation of NWA framework. NWA projects and related cost recovery.

PSC-21-17-00018-P ...... exempt Proposed agreement for the provision of To consider a waiver and approval of terms of water service by Saratoga Water Services, a service agreement. Inc.

PSC-22-17-00004-P ...... exempt Financial incentives to create customer To consider the proposed Interconnection savings and develop market-enabling tools, Survey Process and Earnings Adjustment with a focus on outcomes and incentives Mechanisms

PSC-22-17-00006-P ...... exempt Revisions to the delivery discount and To consider revisions to the delivery discount monthly customer charge for SC No. 3 and and monthly customer charge for SC No. 3 and the commodity price for SC 15 the commodity price for SC 15

PSC-22-17-00007-P ...... exempt Certain Commission requirements related to To consider a change to certain Commission blockable central office codes requirements related to blockable central office codes

PSC-22-17-00008-P ...... exempt Petition to submeter electricity and waiver To consider the petition to submeter electricity request at 412-14 East 10th Street, New York, New York and waiver of 16 NYCRR § 96.2(b)

PSC-23-17-00019-P ...... exempt Clean Energy Standard To promote and maintain renewable and zero- emission electric energy resources

PSC-23-17-00021-P ...... exempt Petition to transfer cable systems. To consider Nicholville et. al.’s request to transfer cable systems in an internal restructuring.

PSC-23-17-00022-P ...... exempt Changes in regulation of ESCOs, including To ensure consumer protection for ESCO restrictions on or prohibitions of marketing or customers. offering certain products or services.

PSC-24-17-00006-P ...... exempt Development of the Utility Energy Registry. Improved data access.

58 NYS Register/October 11, 2017 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-24-17-00010-P ...... exempt Petition to submeter electricity. To consider the petition of Bay View Home Association, Inc. to submeter electricity at 671 47th Street Brooklyn, New York.

PSC-24-17-00014-P ...... exempt An alternative methodology for calculating To consider an alternative methodology for billing adjustments. calculating billing adjustments.

PSC-24-17-00015-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent of 522-528 LLC to submeter electricity at 509 Pacific Street, Brooklyn, New York.

PSC-24-17-00016-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent of 56 Leonard Street Condominium to submeter electricity at 56 Leonard Street, New York, NY.

PSC-25-17-00005-P ...... exempt Minor rate filing To consider an increase in annual revenues by $154,329 or 116%

PSC-25-17-00006-P ...... exempt Notice of Intent to submeter electricity To consider the Notice of Intent of The Charles Condominiums, LLC to submeter electricity at 1355 First Avenue, New York, NY

PSC-26-17-00005-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent to submeter electricity at 125 Waverly Street, Yonkers, New York.

PSC-26-17-00006-P ...... exempt Notice of Intent to submeter electricity and To consider the Notice of Intent to submeter waiver request. electricity and waiver request.

PSC-27-17-00012-P ...... exempt Conclusion of the Energy Efficiency Portfolio To address the conclusion of EEPS programs, Standard programs. award EEPS 1 and 2 shareholder incentives, and remediate EEPS 1 overspending.

PSC-27-17-00013-P ...... exempt Issuance by Corning Natural Gas of long-term To consider Corning to issue long-term indebtedness. indebtedness in the amount of $44,064,353.

PSC-27-17-00014-P ...... exempt Major electric rate filing. To consider an increase in NMPC’s electric delivery revenues by approximately $326 million (or 13.0% in total revenues).

PSC-27-17-00017-P ...... exempt Major gas rate filing. To consider an increase in NMPC’s gas delivery revenues by approximately $81 million (14.0% in total revenues).

PSC-28-17-00007-P ...... exempt Property tax reconciliation surcharge To consider the continued deferral of $487,095 in property taxes

PSC-28-17-00008-P ...... exempt FASB update on pension and OPEB net To consider whether to adopt the FASB update periodic costs

PSC-29-17-00006-P ...... exempt Petition to submeter gas. To consider the petition of LaGuardia Gateway Partners, to submeter gas at LaGuardia Airport Central Terminal B, Flushing, NY.

PSC-30-17-00026-P ...... exempt Notice of Intent to submeter electricity and To consider the Notice of Intent to submeter waiver request. electricity and waiver request of 16 NYCRR § 96.5(k)(3).

PSC-30-17-00028-P ...... exempt Proposed tariff filing to modify the Daily To consider tariff revisions modifying the Daily Delivery Service Program and the treatment Delivery Service Program and the treatment of of certain non-firm revenues. certain non-firm revenues.

59 Action Pending Index NYS Register/October 11, 2017 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-30-17-00029-P ...... exempt Proposed amendments to the modified criteria To consider modifying the monetary remote net to grandfathering established in a December metering grandfathering criteria in response to 16, 2016 Order. a developer request.

PSC-30-17-00030-P ...... exempt Time of Use Rates. To consider the establishment of a new TOU rate for customers not currently taking service under Central Hudson’s TOU rate.

PSC-30-17-00031-P ...... exempt Proposed tariff filing to implement electric rate To consider tariff revisions implementing options on a pilot basis for the Energy Smart electric rate options on a pilot basis for the Community Project. Energy Smart Community Project.

PSC-31-17-00007-P ...... exempt Notice of intent to submeter electricity To consider the notice of intent of 685 First Realty Compamy, LLC to submeter electricity at 685 1st Avenue, New York, New York

PSC-31-17-00008-P ...... exempt Petition to submeter electricity and waiver To consider the petition to submeter electricity request. and waiver request of 16 NYCRR § 96.5(k)(3).

PSC-31-17-00009-P ...... exempt Issuance of promissory notes To consider the petition of National Fuel Gas Distribution Corp. to issue up to $400 million in promissory notes

PSC-31-17-00010-P ...... exempt Notice of intent to submeter electricity To consider the notice of intent of 11737 Owners Corp. to submeter electricity at 117 East 37th Street, New York, New York

PSC-31-17-00011-P ...... exempt Notice of intent to submeter electricity and To consider the notice of intent to submeter waiver request electricity and waiver request of 16 NYCRR § 96.5(k)(3)

PSC-31-17-00012-P ...... exempt Minor rate filing. To consider an increase in annual revenues of about $304,629 or 14%.

PSC-32-17-00006-P ...... exempt Petition to amend bill estimation procedures To consider the petition of Con Edison to for AMI. amend its current bill estimation procedures for AMI.

PSC-32-17-00007-P ...... exempt Petition to amend bill estimation procedures To consider the petition of Orange and for AMI. Rockland to amend its current bill estimation procedures for AMI.

PSC-32-17-00008-P ...... exempt Consideration of the National Grid companies’ To consider the National Grid companies’ Implementation Plan and audit Implementation Plan. recommendations.

PSC-32-17-00009-P ...... exempt Pilot project, request to include capital costs To consider the pilot project, request to include in rate base and deferral of incremental capital costs in rate base and deferral of expense. incremental expense.

PSC-32-17-00010-P ...... exempt Consideration of NFGD’s Implementation Plan To consider NFGD’s Implementation Plan. and audit recommendations.

PSC-32-17-00011-P ...... exempt Minor rate filing. To consider an increase in annual revenues of about $625,974 or 14.6%.

PSC-32-17-00012-P ...... exempt Consideration of O&R’s Implementation Plan To consider O&R’s Implementation Plan. and audit recommendations.

PSC-32-17-00013-P ...... exempt Consideration of NYSEG and RG&E’s To consider the NYSEG and RG&E Implementation Plan and audit Implementation Plan. recommendations.

60 NYS Register/October 11, 2017 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-32-17-00014-P ...... exempt Consideration of Central Hudson’s To consider Central Hudson’s Implementation Implementation Plan and audit Plan. recommendations.

PSC-32-17-00015-P ...... exempt Consideration of Con Edison’s To consider Con Edison’s Implementation Plan. Implementation Plan and audit recommendations.

PSC-32-17-00016-P ...... exempt Initial Tariff Schedule and escrow account To consider the proposed Initial Tariff Schedule, which includes rates, charges, rules and initial rate, and escrow account. regulations for water service.

PSC-33-17-00012-P ...... exempt Notice of intent to submeter electricity. To consider the notice of intent of BOP Greenpoint G LLC to submeter electricity at 37 Blue Slip, Brooklyn, New York.

PSC-33-17-00013-P ...... exempt The obligation of electric utilities to pay for the To consider if National Grid should change its extension of electric service to residential practices and compensate the petitioners for developments. past charges.

PSC-33-17-00014-P ...... exempt Request for waiver of 16 NYCRR sections To consider the request of 8th and C HDFC for 96.2(b) and 96.5(m). waiver of 16 NYCRR sections 96.2(b) and 96.5(m).

PSC-33-17-00015-P ...... exempt Electric energy storage systems to import To consider revisions to P.S.C. No. 10 - from and export to Con Edison’s distribution Electricity related to electric energy storage system. systems.

PSC-33-17-00016-P ...... exempt Gas service to power generators. To consider proposals in the report regarding service to power generators and related proposed tariff revisions.

PSC-33-17-00017-P ...... exempt Notice of intent to submeter electricity. To consider the notice of intent of Bridge Land Vestry LLC to submeter electricity at 70 Vestry Street, New York, New York.

PSC-33-17-00018-P ...... exempt Notice of intent to submeter electricity. To consider the notice of intent to submeter electricity at 242 West 53rd Street, New York, New York.

PSC-33-17-00019-P ...... exempt Petition to submeter electricity. To consider the petition of 225 East 74th Apartments Corp. to submeter electricity at 225 East 74th Street New York, New York.

PSC-33-17-00020-P ...... exempt Gas service to power generators. To consider proposals in the report regarding service to power generators and related proposed tariff revisions.

PSC-33-17-00021-P ...... exempt Notice of intent to submeter electricity. To consider the notice of intent of 1 DSA Owner LLC to submeter electricity at 242 Broome Street, New York, New York.

PSC-34-17-00005-P ...... exempt Proposed electric and gas energy efficiency To establish an energy efficiency budget and budget and metrics plan metrics plan for the Company’s electric and gas portfolios for the years 2017-2020

PSC-34-17-00006-P ...... exempt Proposed gas energy efficiency budget and To establish an energy efficiency budget and metrics plan metrics plan for the Company’s gas portfolio for the years 2017-2020

61 Action Pending Index NYS Register/October 11, 2017 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-34-17-00007-P ...... exempt Proposed electric and gas energy efficiency To establish an energy efficiency budget and budget and metrics plan metrics plan for the Companies’ electric and gas portfolios for 2019-2020

PSC-34-17-00008-P ...... exempt Proposed electric and gas energy efficiency To establish an energy efficiency budget and budget and metrics plan metrics plan for the Company’s electric and gas portfolios for 2019-2020

PSC-34-17-00009-P ...... exempt Proposed electric and gas energy efficiency To establish an energy efficiency budget and budget and metrics plan metrics plan for the Company’s electric and gas portfolios for the years 2018-2020

PSC-34-17-00010-P ...... exempt Appointment of one company as a temporary To ensure safe and adequate gas service to operator of a gas utility system abandoned by customers in the service territory abandoned three separate companies by the owners of the gas system

PSC-34-17-00011-P ...... exempt Waiver to permit Energy Cooperative of To consider the petition for a waiver America to serve low-income customers

PSC-34-17-00012-P ...... exempt Proposed electric and gas energy efficiency To establish an energy efficiency budget and budget and metrics plan metrics plan for the Company’s electric and gas portfolios for the years 2017-2020

PSC-34-17-00013-P ...... exempt Proposed gas energy efficiency budget and To establish an energy efficiency budget and metrics plan metrics plan for the Company’s gas portfolio for the years 2017-2020

PSC-34-17-00014-P ...... exempt Proposed gas energy efficiency budget and To establish an energy efficiency budget and metrics plan metrics plan for the Company’s gas portfolio for the years 2017-2020

PSC-34-17-00015-P ...... exempt Notice of intent to submeter electricity To consider the notice of intent to submeter electricity and waiver request of 16 NYCRR § 96.5(k)(3)

PSC-34-17-00016-P ...... exempt Proposed transfer of ownership interests in To consider the proposed transfer of ownership the James A. FitzPatrick Nuclear Power Plant interests in the James A. FitzPatrick Nuclear and related assets Power Plant and related assets

PSC-34-17-00017-P ...... exempt Use of the Honeywell Mercury EC350 To consider the use of the Honeywell Mercury volumetric corrector in gas metering EC350 volumetric corrector in gas metering applications applications

PSC-34-17-00018-P ...... exempt Use of the Arteche UCE-7, URJ-17, VCE-17 To consider the use of the Arteche UCE-7, and CRB-17 transformers in electric metering URJ-17, VCE-17 and CRB-17 transformers in applications electric metering applications

PSC-34-17-00019-P ...... exempt Development of an aggregation standard for Improved energy data access to support state release of whole-building energy data to energy efficiency and demand reduction goals building owners

PSC-35-17-00007-EP ...... exempt Reviews, inspections, assessments, repairs To safeguard and maintain adequate electric and supplements to electrical systems and utility service to the MTA subway system equipment, and increased reporting

PSC-36-17-00008-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent to submeter electricity at 233 Landing Road, Bronx, New York and waiver request.

PSC-36-17-00009-P ...... exempt Clarification of the Commission’s Order To consider Con Edison’s petition for Extending the BQDM Program. clarification of the Commission’s Order Extending BQDM Program.

62 NYS Register/October 11, 2017 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-36-17-00010-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent of The Heritage Dean Street, LLC, to submeter electricity at 470 Dean St, Brooklyn, New York.

PSC-36-17-00011-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent to submeter electricity at 229 Cherry Street, New York, New York and waiver request.

PSC-36-17-00012-P ...... exempt Petition to amend bill estimation procedures To consider the petition of Con Edison to for AMI. amend its current bill estimation procedures for AMI.

PSC-36-17-00013-P ...... exempt Clarification of Weather Normalization To consider clarification of Weather Adjustment language. Normalization Adjustment language.

PSC-37-17-00004-P ...... exempt Community Distributed Generation To encourage the development of distributed compensation after Tranche 3. energy resources while managing impacts on non-participants.

PSC-37-17-00005-P ...... exempt Financial incentives to create customer To consider the revised Interconnection Survey savings and develop market-enabling tools, Process and Earnings Adjustment with a focus on outcomes and incentives. Mechanisms.

PSC-37-17-00006-P ...... exempt Petition to submeter electricity. To consider the petition of ACC OP (Park Point SU) LLC to submeter electricity at 417 Comstock Avenue, Syracuse, New York.

PSC-37-17-00007-P ...... exempt Lifeline Service that offers a discounted rate To consider changes to the Commission’s to service to qualifying low income requirements related to eligibility for the consumers. supplemental New York Lifeline discount.

PSC-37-17-00008-P ...... exempt Petition to move room air conditioning To consider Con Edison’s proposals made by programs to Rider L, make changes to Rider the petition and accompanying tariff filing. L and continue the Connected Devices Pilot.

PSC-37-17-00009-P ...... exempt Fishers Island Water Works Corporation’s To consider an increase in Fishers Island rates for the provision of water. Water Works Corporation’s annual water revenues by approximately $296,031 or 44.5%.

PSC-37-17-00010-P ...... exempt Revisions to electric and gas Sales or To consider revisions to its electric and gas Delivery Service Application for Non- Sales or Delivery Service Application for Non- Residential Customers. Residential Customers.

PSC-39-17-00007-P ...... exempt Rider Q - Standby Rate Pilot. To consider the implementation of Rider Q - Standby Rate Pilot.

PSC-39-17-00008-P ...... exempt Petition to submeter electricity and waiver To consider the petition to submeter electricity request. and waiver request of 16 NYCRR § 96.5(k)(3).

PSC-39-17-00009-P ...... exempt Whether a proposed agreement for the To consider the terms of a service agreement provision of water service by Saratoga Water and waiver. Services, Inc. is in the public interest.

PSC-39-17-00010-P ...... exempt Waiver of certain rules and requirements To determine whether to waive any regulations. pertaining to cable television franchise.

PSC-39-17-00011-P ...... exempt Whether to direct New York State Electric & To determine financial responsibility between Gas to complete electric facility upgrades at NYSEG and Hanehan for the electric service no charge to Hanehan. upgrades to Hanehan.

63 Action Pending Index NYS Register/October 11, 2017 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-40-17-00004-P ...... exempt Notice of intent to submeter electricity and To consider the notice of intent to submeter waiver request electricity and waiver of 16 NYCRR § 96.5(k)(3)

PSC-40-17-00005-P ...... exempt Consequences pursuant to the Commission’s To consider whether to impose consequences Uniform Business Practices (UBP) on Flanders for its apparent non-compliance with Commission requirements

PSC-40-17-00006-P ...... exempt The aggregation of electric service for the To consider a waiver of National Grid’s tariff Empire State Plaza and the Sheridan Avenue provision requiring all electric delivery points to Steam Plant be on the same premises

PSC-40-17-00007-P ...... exempt Notice of intent to submeter electricity To consider the notice of intent of CPS Fee Company LLC to submeter electricity

PSC-40-17-00008-P ...... exempt Proposed transfer of interests in To consider proposed transfer of interests in Danskammer, issuance of long-term debt by Danskammer, issuance of long-term debt and owner and continuing lightened regulation continuing lightened regulation

PSC-40-17-00009-P ...... exempt Petition to issue and sell unsecured debt To consider Orange and Rockland’s request to obligations issue and sell unsecured debt obligations

PSC-40-17-00010-P ...... exempt Eligibility for Value of Distributed Energy To encourage the development of distributed Resource tariffs energy resources while managing impacts on non-participants

PSC-41-17-00003-P ...... exempt Petition to submeter electricity. To consider the petition of Hillside Association, Inc. to submeter electricity at 566 44th Street, Brooklyn, New York.

PSC-41-17-00005-P ...... exempt Notice of intent to submeter electricity. To consider the notice of intent of Sandy 350 LLC to submeter electricity at 350 Clarkson Avenue, Brooklyn, New York.

PSC-41-17-00006-P ...... exempt Major electric rate filing. To consider an increase in CHG&E’s electric delivery revenues by approximately $43 million (or 7.9% in total revenues).

PSC-41-17-00007-P ...... exempt Major gas rate filing. To consider an increase in CHG&E’s gas delivery revenues by approximately $18.1 million (or 12.3% in total revenues).

PSC-41-17-00008-P ...... exempt Petition to submeter electricity. To consider the petition of 1115 Fifth Avenue Corporation to submeter electricity at 1115 Fifth Avenue, New York, New York.

STATE, DEPARTMENT OF

DOS-26-17-00001-P ...... 06/28/18 Appraisal experience log To clarify and update Department of State policy in reviewing appraisal experience

DOS-26-17-00002-P ...... 06/28/18 Distance learning for qualifying real estate To authorize distance learning for qualifying appraisal courses. real estate appraisal courses.

DOS-28-17-00005-P ...... 07/12/18 Electronic storage of safety data sheets To permit appearance enhancement licensees to maintain safety data sheets electronically

DOS-30-17-00001-P ...... 07/26/18 Esthetics curriculum and waxing procedures To update the qualifying curriculum for esthetics and ensure that waxing procedures are safe and sanitary.

64 NYS Register/October 11, 2017 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

STATE, DEPARTMENT OF

DOS-31-17-00005-P ...... 08/02/18 Continuing education requirements To amend the education requirements to include 1 hour of instruction on telecoil (t-coil) and other assistive listening devices

DOS-32-17-00002-P ...... 08/09/18 Alarm installation, servicing and maintenance Update current regulations for industry improvement and to make technical changes to existing text

STATE UNIVERSITY OF NEW YORK

SUN-06-17-00003-P ...... 02/08/18 proposed amendments to traffic and parking Amend existing regulations to update traffic regulations at SUNY Binghamton and parking regulations

SUN-30-17-00024-P ...... 07/26/18 The governance, structure and operations of Provide alternative teacher certification SUNY authorized charter schools pertaining compliance pathways for SUNY charter schools to teacher compliance with strong student performance.

TAXATION AND FINANCE, DEPARTMENT OF

TAF-51-16-00002-EP ...... 12/21/17 Metropolitan Transportation Business Tax To provide metropolitan transportation business Surcharge tax rate for tax year 2017

TAF-35-17-00004-P ...... exempt Fuel use tax on motor fuel and diesel motor To set the sales tax component and the fuel and the art. 13-A carrier tax jointly composite rate per gallon for the period administered therewith October 1, 2017 through December 31, 2017

TAF-37-17-00002-P ...... 09/13/18 Reference to forms required to file a petition To delete parenthetical references to form or an exception with the Division of Tax numbers that are no longer in use, as the Appeals agency has updated and renumbered its forms

TEMPORARY AND DISABILITY ASSISTANCE, OFFICE OF

TDA-35-17-00005-P ...... 08/30/18 Application process for the Supplemental To align State regulations for SNAP application Nutrition Assistance Program (SNAP) process with federal statutory and regulatory requirements and SNAP policy

TDA-38-17-00002-EP ...... 09/20/18 Standard Utility Allowances (SUAs) for the These regulatory amendments set forth the Supplemental Nutrition Assistance Program federally-mandated and approved SUAs as of (SNAP) 10/1/17

TDA-39-17-00005-P ...... 09/27/18 Public Assistance (PA) budgetary method To update State regulations governing treatment of income in excess of standard of need in PA households, consistent with SSL § 131-n(1).

TDA-40-17-00002-P ...... 10/04/18 Support obligations To amend State regulations concerning support obligations to reflect federal statutory requirements and current terminology used by the child support program, and to conform regulatory citations with federal and State laws

WORKERS’ COMPENSATION BOARD

WCB-36-17-00015-P ...... 09/06/18 Permanent Impairment Guidelines for Incorporate Workers’ Compensation Schedule Loss of Use Determinations Impairment Guidelines for determination of permanent impairment

65

SECURITIES OFFERINGS

STATE NOTICES Pioneer Reinsurance Group I, Ltd. P.O. Box 1363, Grand Cayman, Cayman Islands KY1-1108 Published pursuant to provisions of General Business Law State or country in which incorporated — Cayman Islands [Art. 23-A, § 359-e(2)] Pioneer Reinsurance Group II, Ltd. P.O. Box 1363, Grand Cayman, Cayman Islands KY1-1108 DEALERS; BROKERS State or country in which incorporated — Cayman Islands

60G Affiliate 5112 2nd Ave, LLC Sayre Healthcare Property Holdings, LLC 370 Seventh Ave., Suite 1400, New York, NY 10001 One Dock St., Suite 301, Stamford, CT 06902 State or country in which incorporated — Delaware SPR Therapeutics, Inc. Brodofication LLC 22901 Millcreek Blvd., Suite 110, Cleveland, OH 44122 403 E. 12th St., New York, NY 10009 State or country in which incorporated — Delaware State or country in which incorporated — Delaware Three Rivers Medical Inc. Castlerigg Merger Arbitrage Enhanced Fund, Ltd. 465 Fairchild Dr., Suite 210, Mountain View, CA 94043 c/o Maples Corporate Services Limited, PO Box 309, Ugland House, State or country in which incorporated — Delaware Grand Cayman, Cayman Islands, KY1-1104 State or country in which incorporated — Cayman Islands Thunder Energies Corporation 1444 Rainville Rd., Tarpon Springs, FL 34689 Construction Robotics, LLC State or country in which incorporated — Florida 7385 Willowbrook Rd., Victor, NY 14564 State or country in which incorporated — New York TTCP Fund II, L.P. 3600 Minnesota Dr., Suite 250, Minneapolis, MN 55435 Cornerstone Income Fund, LLC Partnership — TT Capital Partners II, LLC 970 W. Broadway, #446, Jackson, WY 83001 State or country in which incorporated — Wyoming TWG Securities, Inc. 175 W. Jackson Blvd., 11th Fl., Chicago, IL 60604 Cytodyn, Inc. State or country in which incorporated — Delaware 1111 Main St., Suite 660, Vancouver, WA 98660 State or country in which incorporated — Delaware Typhoon Studios Inc. 7250 Rue Clark, #101, Montreal, Quebec H2R 2Y3 Foreside Funds Distributor LLC State or country in which incorporated — Canada 400 Berwyn Park, Suite 110, 899 Cassatt Rd., Berwyn, PA 19312 State or country in which incorporated — Massachusetts

Gotham Community Solar, LLC 43 Pierrepont St., Brooklyn, NY 11201

Hayastan 1, LLC 60 E. 42nd St., Suite 3100, New York, NY 10165

Highland Capital Funds Distributor Inc. 200 Crescent Court, Suite 700, Dallas, TX 75201 State or country in which incorporated — Massachusetts

L’Officiel USA, Inc. c/o Financière Jalou, Five Rue Bachaumont, 75002 Paris, France State or country in which incorporated — Delaware

New Block Capital, LLC 2005 Palmer Ave., No. 1050, Larchmont, NY 10538

Next 100 LLC 315 Port Washington Blvd., Port Washington, NY 11050

67

ADVERTISEMENTS FOR BIDDERS/CONTRACTORS

Contractor shall be prepared to proceed with the Work accordingly. SEALED BIDS Bidders are warned that time is of the essence of the Contract and substantial completion of the Work must be within 330 days after the PROVIDE Agreement is approved by the Comptroller. Due to the tightness of the EPDM ROOF construction schedule, bidders should consider the necessity for an Cape Vincent Correctional Facility increased work force and shift operations. Cape Vincent, Jefferson County The only time prospective bidders will be allowed to visit the job site to take field measurements and examine existing conditions of the Sealed bids for Project No. M3083-C, for Construction Work, project area will be at 10:00 a.m. on October 5, 2017 at Cape Vincent Provide EPDM Roof, Building 11, Cape Vincent Correctional Facil- Correctional Facility, Administration Building, NYS Route 12E, Cape ity, PO Box 599, NYS Route 12E, Cape Vincent (Jefferson County), Vincent, NY. Prospective bidders are urged to visit the site at this NY, will be received by the Office of General Services (OGS), Design time. Prospective bidders or their representatives attending the pre-bid & Construction Group (D&C), Division of Contract Management, site visit will not be admitted on facility grounds without proper photo 35th Fl., Corning Tower, Empire State Plaza, Albany, NY 12242, on identification. Note that parking restrictions and security provisions behalf of the Department of Corrections and Community Supervision, will apply and all vehicles will be subject to search. until 2:00 p.m. on Wednesday, October 18, 2017, when they will be Phone the office of Megan Miller, (315) 785-6447 a minimum of 72 publicly opened and read. Each bid must be prepared and submitted in hours in advance of the date to provide the names of those who will accordance with the Instructions to Bidders and must be accompanied attend the pre-bid site visit. by a certified check, bank check, or bid bond in the amount of $22,800 Pursuant to New York State Executive Law Article 15-A and the for C. rules and regulations promulgated thereunder, OGS is required to All successful bidders will be required to furnish a Performance promote opportunities for the maximum feasible participation of New Bond and a Labor and Material Bond in the statutory form of public York State-certified Minority- and Women-owned Business Enter- bonds required by Sections 136 and 137 of the State Finance Law, prises (“MWBEs”) and the employment of minority group members each for 100% of the amount of the Contract estimated to be between and women in the performance of OGS contracts. All bidders are $250,000 and $500,000 for C. expected to cooperate in implementing this policy. OGS hereby establishes an overall goal of 30% for MWBE participation, 15% for Pursuant to State Finance Law §§ 139-j and 139-k, this solicitation Minority-Owned Business Enterprises (“MBE”) participation and includes and imposes certain restrictions on communications between 15% for Women-Owned Business Enterprises (“WBE”) participation OGS D&C and a bidder during the procurement process. A bidder is (based on the current availability of qualified MBEs and WBEs). The restricted from making contacts from the earliest posting, on the OGS total contract goal can be obtained by utilizing any combination of website, in a newspaper of general circulation, or in the Contract MBE and /or WBE participation for subcontracting and supplies Reporter of written notice, advertisement or solicitation of offers acquired under this Contract. through final award and approval of the contract by OGS D&C and the Office of the State Comptroller (“Restricted Period”) to other than The Office of General Services reserves the right to reject any or all designated staff unless it is a contact that is included among certain bids. statutory exceptions set forth in State Finance Law § 139-j(3)(a). The Bidding and Contract Documents for this Project are available Designated staff are Jessica Hoffman, Carl Ruppert and Pierre Alric in on compact disc (CD) only, and may be obtained for an $8.00 deposit the Division of Contract Management, telephone (518) 474-0203, fax per set, plus a $2.00 per set shipping and handling fee. Contractors (518) 473-7862 and John Lewyckyj, Deputy Director, Design & and other interested parties can order CD’s on-line through a secure Construction Group, telephone (518) 474-0201, fax (518) 486-1650. web interface available 24 hours a day, 7 days a week. Please use the OGS D&C employees are also required to obtain certain information following link at the OGS website for ordering and payment when contacted during the restricted period and make a determination instructions: http://www.ogs.ny.gov/bu/dc/esb/acquirebid.asp. of the responsibility of the bidder pursuant to these two statutes. For questions about purchase of bid documents, please send an Certain findings of non-responsibility can result in rejection for e-mail to [email protected], or call (518) 474-0203. contract award and in the event of two findings within a four-year pe- For additional information on this project, please use the link below riod, the bidder is debarred from obtaining governmental Procurement and then click on the project number: https://online.ogs.ny.gov/dnc/ Contracts. Bidders responding to this Advertisement must familiarize contractorConsultant/esb/ESBPlansAvailableIndex.asp. themselves with the State Finance Law requirements and will be expected to affirm that they understand and agree to comply on the bid form. Further information about these requirements can be found By John D. Lewyckyj, Deputy Director within the project manual or at: http://www.ogs.ny.gov/aboutOGS/ OGS - Design & Construction Group regulations/defaultAdvisoryCouncil.html As a condition of award, within 48 hours of receipt of the proposed REPLACE Contract Agreement from the State, the low bidder shall return the SWITCHGEAR Contract Agreement to the State, properly executed, along with the Altona Correctional Facility Bonds if required by said Agreement. Low bidders who cannot meet Altona, Clinton County these provisions may be subject to disqualification and forfeiture of the bid security. Sealed bids for Project No. 44750-E, for Electrical Work, Replace The State intends to expedite award of this Contract and the Switchgear, Altona Correctional Facility, 555 Devils Den Road, PO

69 Advertisements for Bidders/Contractors NYS Register/October 11, 2017

Box 125, Altona (Clinton County), NY, will be received by the Office The Bidding and Contract Documents for this Project are available of General Services (OGS), Design & Construction Group (D&C), on compact disc (CD) only, and may be obtained for an $8.00 deposit Division of Contract Management, 35th Fl., Corning Tower, Empire per set, plus a $2.00 per set shipping and handling fee. Contractors State Plaza, Albany, NY 12242, on behalf of the Department of Cor- and other interested parties can order CD’s on-line through a secure rections and Community Supervision, until 2:00 p.m. on Wednesday, web interface available 24 hours a day, 7 days a week. Please use the October 18, 2017, when they will be publicly opened and read. Each following link at the OGS website for ordering and payment bid must be prepared and submitted in accordance with the Instruc- instructions: http://www.ogs.ny.gov/bu/dc/esb/acquirebid.asp. tions to Bidders and must be accompanied by a certified check, bank For questions about purchase of bid documents, please send an check, or bid bond in the amount of $89,400 for E. e-mail to [email protected], or call (518) 474-0203. All successful bidders will be required to furnish a Performance For additional information on this project, please use the link below Bond and a Labor and Material Bond in the statutory form of public and then click on the project number: https://online.ogs.ny.gov/dnc/ bonds required by Sections 136 and 137 of the State Finance Law, contractorConsultant/esb/ESBPlansAvailableIndex.asp. each for 100% of the amount of the Contract estimated to be between $3,000,000 and $4,000,000 for E. By John D. Lewyckyj, Deputy Director Pursuant to State Finance Law §§ 139-j and 139-k, this solicitation OGS - Design & Construction Group includes and imposes certain restrictions on communications between OGS D&C and a bidder during the procurement process. A bidder is restricted from making contacts from the earliest posting, on the OGS MODIFY website, in a newspaper of general circulation, or in the Contract EMERGENCY POWER DISTRIBUTION SYSTEM Reporter of written notice, advertisement or solicitation of offers New York State Veterans Home through final award and approval of the contract by OGS D&C and Oxford, Chenango County the Office of the State Comptroller (“Restricted Period”) to other than designated staff unless it is a contact that is included among certain Sealed bids for Project No. 45303-E, for Electrical Work, Modify statutory exceptions set forth in State Finance Law § 139-j(3)(a). the Emergency Power Distribution System, New York State Veterans Designated staff are Jessica Hoffman, Carl Ruppert and Pierre Alric in Home, 4211 State Highway 220, Oxford, (Chenango County), NY, the Division of Contract Management, telephone (518) 474-0203, fax will be received by the Office of General Services (OGS), Design & (518) 473-7862 and John Lewyckyj, Deputy Director, Design & Construction Group (D&C), Division of Contract Management, 35th Construction Group, telephone (518) 474-0201, fax (518) 486-1650. Fl., Corning Tower, Empire State Plaza, Albany, NY 12242, on behalf OGS D&C employees are also required to obtain certain information of the Department of Health, until 2:00 p.m. on Wednesday, October when contacted during the restricted period and make a determination 18, 2017, when they will be publicly opened and read. Each bid must of the responsibility of the bidder pursuant to these two statutes. be prepared and submitted in accordance with the Instructions to Bid- Certain findings of non-responsibility can result in rejection for ders and must be accompanied by a certified check, bank check, or bid contract award and in the event of two findings within a four-year pe- bond in the amount of $20,200 for E. riod, the bidder is debarred from obtaining governmental Procurement All successful bidders will be required to furnish a Performance Contracts. Bidders responding to this Advertisement must familiarize Bond and a Labor and Material Bond in the statutory form of public themselves with the State Finance Law requirements and will be bonds required by Sections 136 and 137 of the State Finance Law, expected to affirm that they understand and agree to comply on the bid each for 100% of the amount of the Contract estimated to be between form. Further information about these requirements can be found $250,000 and $500,000 for E. within the project manual or at: http://www.ogs.ny.gov/aboutOGS/ regulations/defaultAdvisoryCouncil.html Pursuant to State Finance Law §§ 139-j and 139-k, this solicitation includes and imposes certain restrictions on communications between The substantial completion date for this project is 482 days after the OGS D&C and a bidder during the procurement process. A bidder is Agreement is approved by the Comptroller. restricted from making contacts from the earliest posting, on the OGS The only time prospective bidders will be allowed to visit the job website, in a newspaper of general circulation, or in the Contract site to take field measurements and examine existing conditions of the Reporter of written notice, advertisement or solicitation of offers project area will be at 10:00 a.m. on October 5, 2017 at Altona Cor- through final award and approval of the contract by OGS D&C and rectional Facility, OGS Field Trailer, 555 Devils Den Road, Altona, the Office of the State Comptroller (“Restricted Period”) to other than NY. Prospective bidders are urged to visit the site at this time. Pro- designated staff unless it is a contact that is included among certain spective bidders or their representatives attending the pre-bid site visit statutory exceptions set forth in State Finance Law § 139-j(3)(a). will not be admitted on facility grounds without proper photo Designated staff are Jessica Hoffman, Carl Ruppert and Pierre Alric in identification. Note that parking restrictions and security provisions the Division of Contract Management, telephone (518) 474-0203, fax will apply and all vehicles will be subject to search. (518) 473-7862 and John Lewyckyj, Deputy Director, Design & Phone the office of Allan Corron, (518) 492-2200 Ext. 109 a mini- Construction Group, telephone (518) 474-0201, fax (518) 486-1650. mum of 72 hours in advance of the date to provide the names of those OGS D&C employees are also required to obtain certain information who will attend the pre-bid site visit. when contacted during the restricted period and make a determination Pursuant to New York State Executive Law Article 15-A and the of the responsibility of the bidder pursuant to these two statutes. rules and regulations promulgated thereunder, OGS is required to Certain findings of non-responsibility can result in rejection for promote opportunities for the maximum feasible participation of New contract award and in the event of two findings within a four-year pe- York State-certified Minority- and Women-owned Business Enter- riod, the bidder is debarred from obtaining governmental Procurement prises (“MWBEs”) and the employment of minority group members Contracts. Bidders responding to this Advertisement must familiarize and women in the performance of OGS contracts. All bidders are themselves with the State Finance Law requirements and will be expected to cooperate in implementing this policy. OGS hereby expected to affirm that they understand and agree to comply on the bid establishes an overall goal of 30% for MWBE participation, 15% for form. Further information about these requirements can be found Minority-Owned Business Enterprises (“MBE”) participation and within the project manual or at: http://www.ogs.ny.gov/aboutOGS/ 15% for Women-Owned Business Enterprises (“WBE”) participation regulations/defaultAdvisoryCouncil.html (based on the current availability of qualified MBEs and WBEs). The The substantial completion date for this project is 153 days after the total contract goal can be obtained by utilizing any combination of Agreement is approved by the Comptroller. MBE and /or WBE participation for subcontracting and supplies The only time prospective bidders will be allowed to visit the job acquired under this Contract. site to take field measurements and examine existing conditions of the The Office of General Services reserves the right to reject any or all project area will be at 8:30 a.m. on October 5, 2017 at New York State bids. Veterans Home, 4211 State 220, Oxford, NY. Prospective bidders are

70 NYS Register/October 11, 2017 Advertisements for Bidders/Contractors urged to visit the site at this time. Prospective bidders or their statutory exceptions set forth in State Finance Law § 139-j(3)(a). representatives attending the pre-bid site visit will not be admitted on Designated staff are Jessica Hoffman, Carl Ruppert and Pierre Alric in facility grounds without proper photo identification. Note that parking the Division of Contract Management, telephone (518) 474-0203, fax restrictions and security provisions will apply and all vehicles will be (518) 473-7862 and John Lewyckyj, Deputy Director, Design & subject to search. Construction Group, telephone (518) 474-0201, fax (518) 486-1650. For assistance pertaining to the site visit only, please phone Luanne OGS D&C employees are also required to obtain certain information Vaughn (607) 721-8716. when contacted during the restricted period and make a determination Pursuant to New York State Executive Law Article 15-A and the of the responsibility of the bidder pursuant to these two statutes. rules and regulations promulgated thereunder, OGS is required to Certain findings of non-responsibility can result in rejection for promote opportunities for the maximum feasible participation of New contract award and in the event of two findings within a four-year pe- York State-certified Minority- and Women-owned Business Enter- riod, the bidder is debarred from obtaining governmental Procurement prises (“MWBEs”) and the employment of minority group members Contracts. Bidders responding to this Advertisement must familiarize and women in the performance of OGS contracts. All bidders are themselves with the State Finance Law requirements and will be expected to cooperate in implementing this policy. OGS hereby expected to affirm that they understand and agree to comply on the bid establishes an overall goal of 30% for MWBE participation, 15% for form. Further information about these requirements can be found Minority-Owned Business Enterprises (“MBE”) participation and within the project manual or at: http://www.ogs.ny.gov/aboutOGS/ 15% for Women-Owned Business Enterprises (“WBE”) participation regulations/defaultAdvisoryCouncil.html (based on the current availability of qualified MBEs and WBEs). The The substantial completion date for this project is 422 days after the total contract goal can be obtained by utilizing any combination of Agreement is approved by the Comptroller. MBE and /or WBE participation for subcontracting and supplies The only time prospective bidders will be allowed to visit the job acquired under this Contract. site to take field measurements and examine existing conditions of the The Office of General Services reserves the right to reject any or all project area will be at 10:00 a.m. on October 5, 2017 at Sagamore bids. Children’s Psychiatric Center, 197 Half Hollow Road, Dix Hills, NY. The Bidding and Contract Documents for this Project are available Prospective bidders are urged to visit the site at this time. Prospective on compact disc (CD) only, and may be obtained for an $8.00 deposit bidders or their representatives attending the pre-bid site visit will not per set, plus a $2.00 per set shipping and handling fee. Contractors be admitted on facility grounds without proper photo identification. and other interested parties can order CD’s on-line through a secure Note that parking restrictions and security provisions will apply and web interface available 24 hours a day, 7 days a week. Please use the all vehicles will be subject to search. following link at the OGS website for ordering and payment For assistance pertaining to the site visit only, please phone Maria instructions: http://www.ogs.ny.gov/bu/dc/esb/acquirebid.asp. Cappai (631) 952-6555. For questions about purchase of bid documents, please send an Pursuant to New York State Executive Law Article 15-A and the e-mail to [email protected], or call (518) 474-0203. rules and regulations promulgated thereunder, OGS is required to For additional information on this project, please use the link below promote opportunities for the maximum feasible participation of New and then click on the project number: https://online.ogs.ny.gov/dnc/ York State-certified Minority- and Women-owned Business Enter- contractorConsultant/esb/ESBPlansAvailableIndex.asp. prises (“MWBEs”) and the employment of minority group members and women in the performance of OGS contracts. All bidders are expected to cooperate in implementing this policy. OGS hereby By John D. Lewyckyj, Deputy Director establishes an overall goal of 30% for MWBE participation, 15% for OGS - Design & Construction Group Minority-Owned Business Enterprises (“MBE”) participation and 15% for Women-Owned Business Enterprises (“WBE”) participation REPLACE (based on the current availability of qualified MBEs and WBEs). The ROOF total contract goal can be obtained by utilizing any combination of Sagamore Children’s Psychiatric Center MBE and /or WBE participation for subcontracting and supplies Dix Hills, Suffolk County acquired under this Contract. The Office of General Services reserves the right to reject any or all Sealed bids for Project No. 45316-C, Construction Work, Replace bids. Roof, Buildings 80, 82 & 83, Sagamore Children’s Psychiatric Center, The Bidding and Contract Documents for this Project are available 197 Half Hollow Road, Dix Hills (Suffolk County), NY, will be on compact disc (CD) only, and may be obtained for an $8.00 deposit received by the Office of General Services (OGS), Design & Construc- per set, plus a $2.00 per set shipping and handling fee. Contractors tion Group (D&C), Division of Contract Management, 35th Fl., Corn- and other interested parties can order CD’s on-line through a secure ing Tower, Empire State Plaza, Albany, NY 12242, on behalf of the web interface available 24 hours a day, 7 days a week. Please use the Office of Mental Health, until 2:00 p.m. on Wednesday, October 18, following link at the OGS website for ordering and payment 2017, when they will be publicly opened and read. Each bid must be instructions: http://www.ogs.ny.gov/bu/dc/esb/acquirebid.asp. prepared and submitted in accordance with the Instructions to Bidders For questions about purchase of bid documents, please send an and must be accompanied by a certified check, bank check, or bid e-mail to [email protected], or call (518) 474-0203. bond in the amount of $160,500.00 for C. For additional information on this project, please use the link below All successful bidders will be required to furnish a Performance and then click on the project number: https://online.ogs.ny.gov/dnc/ Bond and a Labor and Material Bond in the statutory form of public contractorConsultant/esb/ESBPlansAvailableIndex.asp. 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 By John D. Lewyckyj, Deputy Director $6,000,000 and $7,000,000 for C. OGS - Design & Construction Group Pursuant to State Finance Law §§ 139-j and 139-k, this solicitation includes and imposes certain restrictions on communications between OGS D&C and a bidder during the procurement process. A bidder is PROVIDE restricted from making contacts from the earliest posting, on the OGS CAMPUS WIDE UPGRADES website, in a newspaper of general circulation, or in the Contract Harriet Tubman Residential Center Reporter of written notice, advertisement or solicitation of offers Auburn, Cayuga County through final award and approval of the contract by OGS D&C and the Office of the State Comptroller (“Restricted Period”) to other than Sealed bids for Project Nos. 45678-C,H,P,E, comprising separate designated staff unless it is a contact that is included among certain contracts for Construction Work, HVAC Work, Plumbing Work, and

71 Advertisements for Bidders/Contractors NYS Register/October 11, 2017

Electrical Work, Provide Campus Wide Upgrades, Harriet Tubman Pursuant to New York State Executive Law Article 15-A and the Residential Center, 6706 Pine Ridge Road, Auburn, (Cayuga County), rules and regulations promulgated thereunder, OGS is required to NY, will be received by the Office of General Services (OGS), Design promote opportunities for the maximum feasible participation of New & Construction Group (D&C), Division of Contract Management, York State-certified Minority- and Women-owned Business Enter- 35th Fl., Corning Tower, Empire State Plaza, Albany, NY 12242, on prises (“MWBEs”) and the employment of minority group members behalf of the New York State Office of Children and Family Services, and women in the performance of OGS contracts. All bidders are until 2:00 p.m. on Wednesday, October 11, 2017, when they will be expected to cooperate in implementing this policy. OGS hereby publicly opened and read. Each bid must be prepared and submitted in establishes an overall goal of 30% for MWBE participation, 15% for accordance with the Instructions to Bidders and must be accompanied Minority-Owned Business Enterprises (“MBE”) participation and by a certified check, bank check, or bid bond in the amount of 15% for Women-Owned Business Enterprises (“WBE”) participation $186,000 for C, $17,700 for H, $25,200 for P, and $70,300 for E. (based on the current availability of qualified MBEs and WBEs). The All successful bidders will be required to furnish a Performance total contract goal can be obtained by utilizing any combination of Bond and a Labor and Material Bond in the statutory form of public MBE and /or WBE participation for subcontracting and supplies bonds required by Sections 136 and 137 of the State Finance Law, acquired under this Contract. each for 100% of the amount of the Contract estimated to be between The Office of General Services reserves the right to reject any or all $7,000,000 and $8,000,000 for C, between $250,000 and $500,000 for bids. H, between $500,000 and $1,000,000 for P, and between $2,000,000 The Bidding and Contract Documents for this Project are available and $3,000,000 for E. on compact disc (CD) only, and may be obtained for an $8.00 deposit Pursuant to State Finance Law §§ 139-j and 139-k, this solicitation per set, plus a $2.00 per set shipping and handling fee. Contractors includes and imposes certain restrictions on communications between and other interested parties can order CD’s on-line through a secure OGS D&C and a bidder during the procurement process. A bidder is web interface available 24 hours a day, 7 days a week. Please use the restricted from making contacts from the earliest posting, on the OGS following link at the OGS website for ordering and payment website, in a newspaper of general circulation, or in the Contract instructions: http://www.ogs.ny.gov/bu/dc/esb/acquirebid.asp. Reporter of written notice, advertisement or solicitation of offers For questions about purchase of bid documents, please send an through final award and approval of the contract by OGS D&C and e-mail to [email protected], or call (518) 474-0203. the Office of the State Comptroller (“Restricted Period”) to other than For additional information on this project, please use the link below designated staff unless it is a contact that is included among certain and then click on the project number: https://online.ogs.ny.gov/dnc/ statutory exceptions set forth in State Finance Law § 139-j(3)(a). contractorConsultant/esb/ESBPlansAvailableIndex.asp. Designated staff are Jessica Hoffman, Carl Ruppert and Pierre Alric in the Division of Contract Management, telephone (518) 474-0203, fax (518) 473-7862 and John Lewyckyj, Deputy Director, Design & By John D. Lewyckyj, Deputy Director Construction Group, telephone (518) 474-0201, fax (518) 486-1650. OGS - Design & Construction Group OGS D&C employees are also required to obtain certain information when contacted during the restricted period and make a determination PROVIDE of the responsibility of the bidder pursuant to these two statutes. BUILDING UPGRADES Certain findings of non-responsibility can result in rejection for contract award and in the event of two findings within a four-year pe- Industry Limited Secure Center riod, the bidder is debarred from obtaining governmental Procurement Rush, Monroe County Contracts. Bidders responding to this Advertisement must familiarize themselves with the State Finance Law requirements and will be Sealed bids for Project Nos. 45679-C,H,P,E, comprising separate expected to affirm that they understand and agree to comply on the bid contracts for Construction Work, HVAC Work, Plumbing Work, and form. Further information about these requirements can be found Electrical Work, Provide Building Upgrades, Industry Limited Secure within the project manual or at: http://www.ogs.ny.gov/aboutOGS/ Center, 375 Rush Scottsville Road, Rush, (Monroe County), NY, will regulations/defaultAdvisoryCouncil.html be received by the Office of General Services (OGS), Design & Construction Group (D&C), Division of Contract Management, 35th As a condition of award, within 48 hours of receipt of the proposed Fl., Corning Tower, Empire State Plaza, Albany, NY 12242, on behalf Contract Agreement from the State, the low bidder shall return the of the Office of Children and Family Services, until 2:00 p.m. on Contract Agreement to the State, properly executed, along with the Wednesday, October 11, 2017, when they will be publicly opened and Bonds if required by said Agreement. Low bidders who cannot meet read. Each bid must be prepared and submitted in accordance with the these provisions may be subject to disqualification and forfeiture of Instructions to Bidders and must be accompanied by a certified check, the bid security. bank check, or bid bond in the amount of $374,600 for C, $91,800 for The State intends to expedite award of this Contract and the H, $58,100 for P, and $127,800 for E. Contractor shall be prepared to proceed with the Work accordingly. All successful bidders will be required to furnish a Performance Bidders are warned that time is of the essence of the Contract and Bond and a Labor and Material Bond in the statutory form of public substantial completion of the Work must be by August 21, 2018. Due bonds required by Sections 136 and 137 of the State Finance Law, to the tightness of the construction schedule, bidders should consider each for 100% of the amount of the Contract estimated to be between the necessity for an increased work force and shift operations. $14,000,000 and $15,000,000 for C, between $3,000,000 and The Contract Documents provide for Construction Acceleration $4,000,000 for H, between $1,000,000 and $2,000,000 for P, and be- Incentives not to exceed $180,000 for C, $6,000 for H, $15,000 for P, tween $5,000,000 and $6,000,000 for E. and $51,000 for E. Pursuant to State Finance Law §§ 139-j and 139-k, this solicitation The only time prospective bidders will be allowed to visit the job includes and imposes certain restrictions on communications between site to take field measurements and examine existing conditions of the OGS D&C and a bidder during the procurement process. A bidder is project area will be at 11:00 a.m. on September 27, 2017, at the Har- restricted from making contacts from the earliest posting, on the OGS riet Tubman Residential Center. Prospective bidders are urged to visit website, in a newspaper of general circulation, or in the Contract the site at this time. Prospective bidders or their representatives at- Reporter of written notice, advertisement or solicitation of offers tending the pre-bid site visit will not be admitted on facility grounds through final award and approval of the contract by OGS D&C and without proper photo identification. Note that parking restrictions and the Office of the State Comptroller (“Restricted Period”) to other than security provisions will apply and all vehicles will be subject to search. designated staff unless it is a contact that is included among certain Phone the office of Charles Butts, (315) 253-8282 a minimum of 48 statutory exceptions set forth in State Finance Law § 139-j(3)(a). hours in advance of the date to provide the names of those who will Designated staff are Jessica Hoffman, Carl Ruppert and Pierre Alric in attend the pre-bid site visit. the Division of Contract Management, telephone (518) 474-0203, fax

72 NYS Register/October 11, 2017 Advertisements for Bidders/Contractors

(518) 473-7862 and John Lewyckyj, Deputy Director, Design & For additional information on this project, please use the link below Construction Group, telephone (518) 474-0201, fax (518) 486-1650. and then click on the project number: https://online.ogs.ny.gov/dnc/ OGS D&C employees are also required to obtain certain information contractorConsultant/esb/ESBPlansAvailableIndex.asp. when contacted during the restricted period and make a determination of the responsibility of the bidder pursuant to these two statutes. By John D. Lewyckyj, Deputy Director Certain findings of non-responsibility can result in rejection for OGS - Design & Construction Group contract award and in the event of two findings within a four-year pe- riod, the bidder is debarred from obtaining governmental Procurement Contracts. Bidders responding to this Advertisement must familiarize themselves with the State Finance Law requirements and will be expected to affirm that they understand and agree to comply on the bid form. Further information about these requirements can be found within the project manual or at: http://www.ogs.ny.gov/aboutOGS/ regulations/defaultAdvisoryCouncil.html As a condition of award, within 48 hours of receipt of the proposed Contract Agreement from the State, the low bidder shall return the Contract Agreement to the State, properly executed, along with the Bonds if required by said Agreement. Low bidders who cannot meet these provisions may be subject to disqualification and forfeiture of the bid security. The State intends to expedite award of this Contract and the Contractor shall be prepared to proceed with the Work accordingly. Bidders are warned that time is of the essence of the Contract and substantial completion of the Work must be by August 21, 2018. Due to the tightness of the construction schedule, bidders should consider the necessity for an increased work force and shift operations. The Contract Documents provide for Construction Acceleration Incentives not to exceed $369,000 for C, $81,000 for H, $42,000 for P, and $126,000 for E. The only time prospective bidders will be allowed to visit the job site to take field measurements and examine existing conditions of the project area will be at 10:00 a.m. on September 28, 2017, Building 90, Industry Secure Center. 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. Phone the office of Kristina Johnson, (585-591-0356) a minimum of 48 hours in advance of the date to provide the names of those who will attend the pre-bid site visit. Pursuant to New York State Executive Law Article 15-A and the rules and regulations promulgated thereunder, OGS is required to promote opportunities for the maximum feasible participation of New York State-certified Minority- and Women-owned Business Enter- prises (“MWBEs”) and the employment of minority group members and women in the performance of OGS contracts. 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 Business 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 (518) 474-0203.

73

NOTICE OF AVAILABILITY OF STATE AND FEDERAL FUNDS

New York Homes and Community Renewal first mortgages financed by tax-exempt or taxable Private Activity Division of Housing and Community Renewal Bonds (“Bonds”) issued by HFA or (ii) are eligible to apply for “stand alone” funding without tax-exempt bonds or 9% tax credits. Any 641 Lexington Ave. awards made under this Notice will be contingent on the Project New York, NY 10022 receiving an award of Bond volume cap authority sufficient to fund DEVELOPERSSEEKINGFINANCINGFORNEWCONSTRUC- the Project’s first mortgage. TION, SUBSTANTIAL REHABILITATION AND MODERATE RE- HCR is making available a variety of financing options and HABILITATION OF SITE-SPECIFIC, AFFORDABLE, MULTI- programs through this single, “Open Window” Notice to encourage, FAMILY RENTAL HOUSING in a manner that ensures its quality and affordability, a wide range of Senior Housing Program affordable housing including new construction, adaptive reuse of non- residential buildings, and preservation of existing housing. The core New York State Homes and Community Renewal (HCR) announces mission of this funding availability is to provide financing and capital the availability of up to $25,000,000 of funding for the Senior Hous- to promote affordable rental housing opportunities for low- to ing Program (“Senior’’). This funding is being made available through HCR’s 2017 Multifamily Open Window Request for Proposals moderate- income residents of New York State. We expect that the re- (“RFP”), which was originally issued on June 7, 2017 and revised on sources available through this Notice will largely be paired with tax- September 22, 2017 to include this new program and additional exempt bond financing. amount of funding. The manner in which these financing resources are being deployed Other previously-announced funding available through the RFP provides flexibility for developers and the agencies to consider differ- includes: up to $90,000,000 for the New Construction Capital Program ent potential financing options for projects simultaneously. (“NCP”); up to $175,000,000 for the Supportive Housing Opportunity HCR will allocate these resources to provide for the market and Program (“SHOP”); up to $25,000,000 for the Middle Income Hous- site-specific needs and opportunities within the diverse communities ing Program (“MIHP”); up to $7,000,000 for the Federal Housing and neighborhoods across New York State, including urban, suburban Trust Fund program (“Federal HTF”); up to $100,000,000 for the Pub- and rural areas. Therefore, we encourage a range of project goals that lic Housing Preservation Program (“PHP”); up to $30,000,000 for the are responsive to the particular needs of a location or population Multifamily Preservation Program (“MPP”); up to $69,200,000 for including: coordinated investments that take into account other activi- the House NY Mitchell-Lama Loan Program (“HML”); up to ties in the community, mixed income and mixed use developments, $30,000,000 for the Mitchell-Lama Loan Program (“MLLP”); up to and integrated, supportive housing to meet the needs of a variety of $16,700,000 for the Homes for Working Families program (“HWF”); special populations. up to $4,000,000 in annual allocations of State Low Income Housing In addition to the creation and preservation of affordable housing, Credit (“SLIHC”), and up to $44,900,000 for the Rural and Urban HCR works to promote community and economic development. We Community Investment Fund (“CIF”). This funding is made available encourage coordination with municipalities and other state agencies through the New York State Division of Housing and Community Re- so that projects are a part of the transformation and revitalization of newal (“DHCR”), the Housing Trust Fund Corporation (“HTFC”), communities. As a result, the development and preservation of hous- and HFA. ing can accomplish more than affordable housing. This RFP also explains how HCR may offer a limited amount of HCR’s overall priority is to encourage the submission of applica- Project Based Voucher (“PBV”) and HOME assistance, depending tions that will support and promote high quality projects that address upon availability, for proposed projects seeking the financing allocated the needs of individuals, families and seniors, and that may advance under this competitive Request for Proposals. one or more of the specific housing priorities of New York State as Applications requesting funding under this RFP may be submitted described in the RFP. at any time between June 7, 2017 and March 1, 2018, or until all al- This Notice explains the process by which HCR will accept and locations of resources are committed. Applications will be reviewed evaluate applications requesting these resources. This process is as received and funding determinations will be made throughout the explained in more detail in the RFP. After a determination has been year. Applications seeking consideration for PBV assistance in made, unsuccessful Applicants may request an exit conference with combination with eligible funding must submit a complete application HCR staff to review their application. by no later than 5:00 p.m. EDT, September 30, 2017. Complete ap- Prospective Applicants may request technical assistance in prepar- plications seeking consideration for PBV assistance will be evaluated ing an application at any time. monthly beginning with complete applications received prior to July HCR reserves the right to award all, a portion of, or none of the 1, 2017, which will be evaluated by August 1, 2017, and so forth. program funds or SLIHC based upon funding availability, readiness, Notwithstanding resource availability, applications must be received feasibility of the Projects, the Applicant’s ability to meet HCR criteria by HCR by 5:00 p.m. EST, March 1, 2018. It is anticipated that an for funding, and the Applicant’s ability to advance the State’s housing RFP will be issued in spring of 2018 for Fiscal Year 2018-19 funding. goals. HCR also reserves the right to review applications requesting This Notice of Credit and Funding Availability (“Notice”) describes program funds or SLIHC as applications for funding under other the programmatic and submission requirements for the listed programs for which the Project may be eligible through HCR, and to programs. change or disallow aspects of the applications received. HCR reserves Applicants may only apply under this Notice for awards for new the right to make any such changes as an express condition of its award construction, substantial rehabilitation and moderate rehabilitation of commitment for the Project. site-specific multi-family rental housing Projects that (i) will also have HCR will seek to award these limited resources so as to promote a

75 Availability of Funds NYS Register/October 11, 2017 statewide geographic distribution of such financing. Therefore, awards for proposed Projects may be denied in areas of the State that have recently been awarded HCR capital financing. Funding may also be denied to Projects where market studies or other analyses indicate low-income housing saturation. Applicants requesting all funding except for SLIHC must submit to HFA an application fee of $5,000. After receipt of the application, HCR will invoice the Applicant for this fee. Additionally, an Applicant requesting SLIHC financing under this Notice must, upon receipt of an invoice, submit a $3,000 SLIHC ap- plication fee to DHCR. After receipt of the application, HCR will invoice the Applicant for this fee. Not-for-profit Applicants for SLIHC may request a deferral of payment until the time of construction mortgage closing. Pre-application Requirements Prospective Applicants are required to schedule and coordinate a pre-application meeting with development team members and HCR staff. The pre-application meeting will enable HCR to assess Project readiness and determine whether it is appropriate for the Applicant to proceed with submission of an application for any program included in this notice. Should an Applicant submit an application to HCR without previously conducting such a meeting, HCR reserves the right, in its full discretion, to terminate the application without further review. This Notice provides a summary description of the programs herein and procedures for applying for assistance thereunder. Additional in- formation about these programs, including a fuller version of this No- tice in the RFP, applications and additional required forms is available on the HCR website, at: http://www.nyshcr.org For an application, contact: Jason Pearson, Vice President, Multi- family Initiatives at the above address or call (212) 872-0470, or e-mail: [email protected]

76 MISCELLANEOUS NOTICES/HEARINGS

Notice of Abandoned Property No pre-registration is required. Individuals who wish to provide com- ment will be asked to register on site by 2:00 pm, and will speak in Received by the State Comptroller their order of registration. Pursuant to provisions of the Abandoned Property Law and related The tentative agenda for the day is as follows: laws, the Office of the State Comptroller receives unclaimed monies and other property deemed abandoned. A list of the names and last 10:00 – 10:15 Welcome known addresses of the entitled owners of this abandoned property is maintained by the office in accordance with Section 1401 of the 10:15 – 12:00 PAOP Working Session D Mid-Point Assessment Update Abandoned Property Law. Interested parties may inquire if they ap- D pear on the Abandoned Property Listing by contacting the Office of Prevention Agenda & DSRIP Unclaimed Funds, Monday through Friday from 8:00 a.m. to 4:30 1:00 - 1:15 DOH Program Presentation p.m., at: 1:15 - 1:20 PAOP Co-Chair Welcome 1-800-221-9311 1:20 - 3:50 Public Comment or visit our web site at: www.osc.state.ny.us 3:50 - 4:00 Wrap-Up Claims for abandoned property must be filed with the New York We kindly request that all comments be limited to 5 minutes per State Comptroller’s Office of Unclaimed Funds as provided in Section presenter to ensure that all public comments may be heard. Please 1406 of the Abandoned Property Law. For further information contact: direct all questions to [email protected]. Office of the State Comptroller, Office of Unclaimed Funds, 110 State St., Albany, NY 12236. PUBLIC NOTICE PUBLIC NOTICE New York State and Local Retirement System Department of Civil Service Pursuant to Retirement and Social Security Law, the New York State PURSUANT to the Open Meetings Law, the New York State Civil and Local Employees’ Retirement System hereby gives public notice Service Commission hereby gives public notice of the following: of the following: Please take notice that the State Civil Service Commission will The persons whose names and last known addresses are set forth conduct a special session to consider the New York City Department below appear from records of the above named Retirement System to of Citywide Administrative Services revised provisional reduction be entitled to accumulated contributions held by said retirement plan. This special session will be conducted on October 24, 2017 com- system whose membership terminated pursuant to Section 517-a of mencing at 10:00 a.m. This meeting will be conducted at NYS Media the Retirement and Social Security Law on or before August 31, 2017. Services Center, Suite 146, South Concourse, Empire State Plaza, This notice is published pursuant to Section 109 of the Retirement and Albany, NY with live coverage available at https://www.cs.ny.gov/ Social Law of the State of New York. A list of the names contained in commission/. this notice is on file and open to public inspection at the office of the New York State and Local Retirement System located at the 110 State For further information, contact: Office of Commission Opera- St, in the City of Albany, New York. At the expiration of six months tions, Department of Civil Service, Empire State Plaza, Agency Bldg. from the date of the publication of this notice. The accumulated 1, Albany, NY 12239, (518) 473-6598 contributions of the persons so listed shall be deemed abandoned and shall be placed in the pension accumulation fund to be used for the PUBLIC NOTICE purpose of said fund. Any accumulated contributions so deemed Department of Health abandoned and transferred to the pension accumulation fund may be claimed by the persons who made such accumulated contributions or, The Department of Health is pleased to announce the date for in the event of his death, by his estate or such person as he shall have Downstate Public Comment Day for New York’s 1115 Waiver nominated to receive such accumulated contributions, by filing a claim programs: with the State Comptroller in such form and in such a manner as may The Downstate Public Comment Day will be held on November be prescribed by him, seeking the return of such abandoned 16th at the New York Academy of Medicine, Reading Room, 1216 5th contributions. In the event such claim is properly made the State Ave, New York, NY 10029, from 1:00pm – 4:00pm. Any updates re- Comptroller shall pay over to the person or persons or estate making lated to the forum will be sent via the MRT Listserv. Any written pub- the claim such amount of such accumulated contributions without lic comment may be submitted through November 29th to interest. [email protected]. Please include “1115 Public Forum Hernandez,Sean M - Yonkers, NY Comment” in the subject line. The Delivery System Reform Incentive Payment (DSRIP) program is a significant waiver initiative, and members of the DSRIP Project PUBLIC NOTICE Approval and Oversight Panel will join DOH staff in listening to the New York State and Local Retirement System feedback provided by members of the public and stakeholders. Pursuant to Retirement and Social Security Law, the New York State Feedback on all waiver programs is welcomed. and Local Employees’ Retirement System hereby gives public notice These meetings will be webcast live and will be open to the public. of the following:

77 Miscellaneous Notices/Hearings NYS Register/October 11, 2017

The persons whose names and last known addresses are set forth Berry,Gilroy A - Jamaica, NY below appear from records of the above named Retirement System to Betton,Brianna E - Buffalo, NY be entitled to accumulated contributions held by said retirement Betts,Wesley H - Clifton Park, NY system whose membership terminated pursuant to Section 613 of the Retirement and Social Security Law on or before August 31, 2017. Bicer,Natalya - Brooklyn, NY This notice is published pursuant to Section 109 of the Retirement and Bishop,Jason R - Gloversville, NY Social Security Law of the State of New York. A list of the names Blackburn,Kim L - Clifton Spgs, NY contained in this notice is on file and open to public inspection at the Blaney,Michael S - East Greenbush, NY office of the New York State and Local Retirement System located at Blizniak,Patrick A - Buffalo, NY the 110 State St., in the City of Albany, New York. At the expiration of six months from the date of the publication of this notice. The ac- Bodow,Elana S - Manlius, NY cumulated contributions of the persons so listed shall be deemed Bogdan,Douglas H - Caneadea, NY abandoned and shall be placed in the pension accumulation fund to be Bohlander,Rachel E - Stony Point, NY used for the purpose of said fund. Any accumulated contributions so Boice,Brad L - Cambridge, NY deemed abandoned and transferred to the pension accumulation fund may be claimed by the persons who made such accumulated contribu- Bonner,Charles N - Mount Morris, NY tions or, in the event of his death, by his estate or such person as he Borelli,Catherine - Clifton,NJ shall have nominated to receive such accumulated contributions, by Boronczyk,Kory B - Liverpool, NY filing a claim with the State Comptroller in such form and in such a Bortnick,Amy S - Canton, NY manner as may be prescribed by him, seeking the return of such Bourlier,Christina A - Pennellville, NY abandoned contributions. In the event such claim is properly made the State Comptroller shall pay over to the person or persons or estate Bowers,Anrae M - Albany, NY making the claim such amount of such accumulated contributions Bowie,Fred - Buffalo, NY without interest. Brainard,Jeremiah S - Ballston Spa, NY Abbatiello,Rosa - E Patchogue, NY Breed,Sarah M - Truxton, NY Akstull,Tara S - Ballston Spa, NY Brey,Jonathon J - Leroy, NY Alao,Aderemi O - Manlius, NY Brouillard,Astrid S - Portland,OR Albrecht,Marissa L - Clarence Ctr, NY Brown,Glenna E - Mount Kisco, NY Alessi,Marie D - Clifton Park, NY Brown,Tashara Q - Albany, NY Allinger,Theresa R - Albany, NY Brozdowski,Alexander J - Pine Island, NY Altidort,Eddy - Spring Valley, NY Burgess,Daisean J M - Rochester, NY Andrew,William J - Kirkville, NY Burgie,Barbara I - Whitestone, NY Angermeier,Nicole L - Glenmont, NY Burris,Amburley J - Tonawanda, NY Arias,Elva B - Albany, NY Butler,Nicole R - Massapequa, NY Armaniaco,Nicole E - Blauvelt, NY Butler,Patrick W - Cobleskill, NY Armitage,Andrew J - Waterloo, NY Butterfield,Michael J - Gouverneur, NY Armocida,Amanda - Fort Myers,FL Button,Kelly A - Olean, NY Armstrong,Kelly L - Rotterdam, NY Cabrera,Michi F - Bronx, NY Armstrong,Lauren S - Nanuet, NY Calabrese,Karen E - Babylon, NY Arquette,Kerry - Berne, NY Campana,Evan F - Voorheesville, NY Attimy,Ronaldo - Spring Valley, NY Campbell,Omar S - New York, NY Augustyn,Garrett S - Snyder, NY Canute,Ila N - Hornell, NY Auquilla,Bryan - Port Washington, NY Capanelli,Tanya L - Hicksville, NY Aversa,Gina M - West Nyack, NY Cappiello,Julie M - Wantagh, NY Ayfantis,Lillian - Flushing, NY Capra,Annette M - Slate Hill, NY Baggetta,Joseph F - Latham, NY Caputo,Paul A - Roosevelt, NY Bardwell,Serena L - Schenectady, NY Caraher,Sara M - Frankfort, NY Barford,Curt R - Valatie, NY Carlson,Scott L - Norwich, NY Barner,James W - Buffalo, NY Carminati,Patricia A - Buffalo, NY Barrett,Edward R - Manlius, NY Carnes,Corey M - Hardeeville,SC Barrett,Rebecca E - Clifton Park, NY Carney-Flyntz,Marisa - Holbrook, NY Bates,Justin T - Ballston Lake, NY Carney,Joshua J - Avon, NY Battaglia,Gina M - Lindenhurst, NY Carocci,Elizabeth A - Greenville,SC Beary,Katherine L - Valley Cottage, NY Carr,Michelle A - Cairo, NY Beatrice,Joseph P - Nesconset, NY Carrier,Brianna G - Niagara Falls, NY Beavers,Katherine - Huntington, NY Carter,Matthew J - Austin,TX Becker,Thomas G - Staten Island, NY Casey,Alison L - Minneapolis,MN Behringer,Steven J - Southampton, NY Casey,Michael T - Niskayuna, NY Belizaire,Stephane C - Brooklyn, NY Castaldo,Michael L - New City, NY Bell,Patrick B - Albany, NY Castillo,Rachel D - Dallas,TX Bender,Katie A - Islip Terrace, NY Catalano,Richard L - Fredonia, NY Bergey,John G - Niagara Falls, NY Cattarin,Michael R - Flower Mound,TX Bergman,Jensen B - Manlius, NY Chacon,Isela E - White Plains, NY

78 NYS Register/October 11, 2017 Miscellaneous Notices/Hearings

Chambers,Maya J - Pawling, NY Dimpfl,Michael D - Brooklyn, NY Chan,Yin Ping - Brooklyn, NY Donovan,Lara M - Penfield, NY Chang,Wai Sing - New York, NY Dopman,Cameron P - Saratoga Springs, NY Chaparro,Israel - New York, NY Downey,Daniel J - Boulder,CO Chapman,Bernice I - Norwich, NY Drake,Rebecca L - Witherbee, NY Chevier,Robert L - Batavia, NY Duhan,Joanne M - Charleston,SC Church,Sanford B - Albion, NY Duke,Caren B - Saugerties, NY Ciurzynski,David M - Germantown,MD Dunlavey,Kyle P - Delmar, NY Clark,Krista A - Batavia, NY Dunn,Liane M - Farmingville, NY Clark,Raymond P - Rochester, NY Duran,Ashley L - Vestal, NY Cline,Morgan A - Old Westbury, NY Duran,Brittany K - Vestal, NY Closinski,Elizabeth A - Rome, NY Dutiel,Heather N - Astoria, NY Cody,Leslie T - Binghamton, NY Dwyer,Daniel T - South Glens Falls, NY Cole,Michael S - Fulton, NY Dziuma,Michelle L - Bronx, NY Coleman,Katlyne M - Bloomingdale, NY Earl,Zachary D - Mexico, NY Coleman,Melissa T - Spring Valley, NY Ebenhoch,Thomas J - Watervliet, NY Collins,Erin - Brightwaters, NY Eckes,Matthew R - Larchmont, NY Collins,Katherine R - Glenmont, NY Edmunds,Felicia C - Albany, NY Colon,Alnaldo R - Bronx, NY Eichelberger,Clayton E - Albany, NY Congdon,Alan J - Homer, NY Elliott,Courtney M - East Greenbush, NY Constant,John R - Port Jefferson, NY Ellis,Steven A - Bohemia, NY Contestabile,Daniel - Scottsville, NY Emerson,Richard M - Latham, NY Coppola,Carolyn G - Spotsylvania,VA Evens,Brittany M - Willsboro, NY Correia,Rui D - Carle Place, NY Fage,Maggie P - St Augustine,FL Cortese,Kristen M - Stewart Manor, NY Falasco,Carmen J - Liverpool, NY Cowell,Eboni D - Southampton, NY Federico,Lorraine - White Plains, NY Craig,Patricia A - Westbury, NY Fera,Sharon M - Deer Park, NY Crane,Karen D - Sparrow Bush, NY Ferdon,Matthew V - Stony Brook, NY Cronin,Terrence M - East Northport, NY Fernandez,Lisset M - Raleigh,NC Curtiss,Brittany M - Adams, NY Ferreira,Lisle N - Astoria, NY Cushin,Raymond T - Averill Park, NY Fiedler,Max A - Darby,MT Cushing,Matthew R - Minoa, NY Figueroa,David A - Suffern, NY Cutting,Rebecca A - Witherbee, NY Flint,A Christopher - Corinth, NY D’Angelo,Anthony - Brooklyn, NY Flores,Luis H - New York, NY Dabhade,Chandrakant K - Briarwood, NY Foley,Matthew - Brewster, NY Dalberiste,Ivener - Troy, NY Forness,Timothy J - Boston, NY Dalton,Kerri D - Troy, NY Fors,Samantha A - Levitown, NY Dam,Sopheap - Canisteo, NY Forsberg,Corey G - Hauppauge, NY Davis,Nicole M - Cold Brook, NY Forster,Scott D - Jamestown, NY Day,Melissa E - Plattsburgh, NY Foster,Robert J - Okatie,SC Dayton,Robert E - East Hampton, NY Francis,Bridget C - Annapolis,MD De Golyer,Elissa K - Silver Springs, NY Franz,Andrew M - Lackawanna, NY De Vera,Patrick Riel Q - Baltimore,MD Fraz,Ahsan - Albany, NY De Wert,Jamie L - Painted Post, NY Frazier,Veronica M - Nesconset, NY Dee,Michael P - East Syracuse, NY Freeman,Danielle M - New Rochelle, NY Del Rossi,Tom J - Apex,NC Freije,Eric C - Binghamton, NY Del Vecchio,Jill P - Fairport, NY Fritsch,Collin P - Lockport, NY Dellasperanza,Michael J - Smithtown, NY Gabriel,Adam N - Johnson City, NY Dello,Kathie D - Corvallis,OR Gabriels,Sarah J - East Greenbush, NY Denimarck,Debra A - Centereach, NY Gadomski,Tessa E - Glenmont, NY Denmeade,Jeremy R - Schuyler Lake, NY Gallagher,Kaitlin A - Monroe, NY Deso,Gregory C - Peru, NY Galvin,Tulsa D - Brooklyn, NY Dew,Kimberly F - Patchogue, NY Gangemi,Melissa A - Pembroke Pines,FL Dewey,James P - Horseheads, NY Garrand,Dana M - Mooers Forks, NY Di Caro,Sara M - Lynbrook, NY Gath,Taylor A - Schroon Lake, NY Di Fabio,Kristin I - Bronxville, NY Gauthier,Norman H - North Syracuse, NY Diaz,Juan - Freeport, NY Gazzola,Anthony J - Manorville, NY Dickerson-Bierce,Joanna A - Mount Juliet,TN Genco,Francis T - East Islip, NY Diesta,Maria Regina D - Brookfield,CT General,Khloe M - Albany, NY

79 Miscellaneous Notices/Hearings NYS Register/October 11, 2017

Gentzke,Paul W - Scottsville, NY Holloway,Termaine O - Albany, NY Gibson,Robert R - Latham, NY Holt,Bartlett M - Johnson City, NY Giffune,Renee C - Chadwicks, NY Houle,Lea M - Gansevoort, NY Gingold,Adam M - Glen Spey, NY Howell-Brown,Michele M - Pomona, NY Ginther,Sara E - Newark, NY Hoy,James R - Summrlnd Key,FL Giroux,Abigail A - Waldorf,MD Hughes,Jonathan - Williamsville, NY Giugliano,Kristen M - Water Mill, NY Hummel,Kelly L - Hamburg, NY Glover,Daniel J - Angola, NY Hunt,Heather L - Woodland Hls,CA Godin,Luke K - Albany, NY Hurlburt,Audrey R - Schoharie, NY Goldsmith,Victoria - Gainesville,FL Hurlburt,Sara L - Essex, NY Golish,Shelly A - Lancaster, NY Jackson,Latoya D - Batavia, NY Gomez,Riquelmi - Bronx, NY James,Lindsey K - Scio, NY Gonyea,Zachariah D - Rochester, NY Jameson,Joseph L - Clifton Park, NY Goodrich,Daniel E - San Diego,CA Jepson,Jessica L - Port Jefferson Stat, NY Goodwin,Gregory T - Mt Sinai, NY Jimenez,David M - Brentwood, NY Gorbea,Judy - Staten Island, NY Johansen,Katherine A - West Hempstead, NY Gorney,Chelsea L - Canastota, NY Jones,Jessica L - Scottsburg, NY Gray,Allan R - Albion, NY Jones,John F - Tonawanda, NY Greenblatt,Robyn E - Laurens, NY Jones,Katie M - Nassau, NY Gregorio,Daniel V - Selden, NY Jusic,Sead - Albany, NY Gregorius,Tyler S - Wayland, NY Kanowitz,Jessie R - Mt Sinai, NY Grossjung,Nicolas B - Hicksville, NY Kanowitz,Max T - Mt Sinai, NY Gruss,Sara D - Slingerlands, NY Karpenkopf,Mikhail - Staten Island, NY Guba,Madeline R - Ballston Lake, NY Kasarjian,Danae M - East Falmouth,MA Habernig,Kathleen F - Kingston, NY Kazmierczak,Kristen E - West Seneca, NY Hafner,Frances - Rochester, NY Keating,Gregory W - East Amherst, NY Haft,Judith - Plainview, NY Keating,Timothy J - New London,CT Hahn,Jacqueline A - North Bellmore, NY Keel,Michael W - W Coxsackie, NY Hahn,Susan A - Hunt, NY Keeler,Matthew W - Apalachin, NY Hahn,Trisha J - Mineola, NY Kelley,Sheena M - Seneca Falls, NY Halayko,Elizabeth A - Niskayuna, NY Kellogg,Bobbi Jo L - Charlotte,NC Hamilton,Heather R - Gansevoort, NY Kennedy,Clinton S - Watertown, NY Hancock,Ashley L - Rome, NY Kevins,James J - Nt Sinai, NY Hardy,Kelly - Troy, NY Kimura,Mari - Washington,DC Harkin,Alexandra - Olivebridge, NY King,Barbara E - Parishville, NY Harkness,William J - Eagle Bridge, NY King,Stephanie J - Hamburg, NY Harris,Gary V - Brooklyn, NY Kisel,Shawn J - Waverly, NY Harte,Colin F - Pomona, NY Kitchen,Anthony D - Buffalo, NY Haseley,Damien J - Lockport, NY Knapp,Sarah J - Keene, NY Hayes,Ann Elizabeth S - Syracuse, NY Knight,Dominique S - Ossining, NY Hayles,Naomi - Poughkeepsie, NY Kolmetz,Laura L - Webster, NY Hayner,Evan M - Waterford, NY Koslowski,Danielle M - So Setauket, NY Hendricks,Liza G - Milford, NY Krzeminski,Andrew - Mohegan Lake, NY Hennessey,Elizabeth M - Cornwall On Hudson, NY Kuhn,Kerry A - Ballston Lake, NY Henry,Ciara M - New York, NY Kunzler,John R - Stony Brook, NY Hernandez,Saul E - Jacksonville,FL La Barre,Danielle - Highland Falls, NY Hestdalen,Thanner M - Pittsburgh,PA La Belle,Brianne A - Great Valley, NY Hestdelen,Connor O - Pittsburgh,PA La Grippo,Louis S - Bayside, NY Hines,Dawhite H - Mastic Beach, NY La Rocco,Michael J - Islip, NY Hinklin,Jennifer A - Buffalo, NY Lambert,Christine J - Islip Terrace, NY Hirschbeck,Thomas M - Fredonia, NY Lanciotti,Michael R - Garden City, NY Hoag,Crystal L - Orchard Park, NY Lander,Victoria P - Massapequa, NY Hodge,Michael D - Retsof, NY Lanier,Mahdi J - Albany, NY Hodge,Rachel E - Liverpool, NY Laufer,Rebecca R - Turin, NY Hogan,Matthew G - Ellington,CT Lavalasse,Esther - Garnerville, NY Hogan,Meagan P - Watervliet, NY Lawton,Deanna R - North Collins, NY Holder,Denise R - Panama, NY Lazarus,Sarah F - West Islip, NY Hollon,Janine A - Troy, NY Leahy,Kevin J - Warwick, NY Holloway,Paula J - Swoyersville,PA Lebowitz,David C - Orlando,FL

80 NYS Register/October 11, 2017 Miscellaneous Notices/Hearings

Lee,Sheena L - Waltham,MA Miles,Donald E - Stamford,CT Lefton,Amanda B - Troy, NY Militello,Richard R - Floral Park, NY Lema,Derken - Hempstead, NY Miller,Amanda P - Milton, NY Lembke,Dana L - Buffalo, NY Miller,Jennifer L - Johnstown, NY Lemon,Luke P - Colorado Springs,CO Millner,Rebecca M - Briarcliff Manor, NY Leone,Bridget A - Garden City, NY Minto,Georgette E - Elmont, NY Lesniak,Carolyn R - Troy, NY Mitchell,Hannah R - East Setauket, NY Lessler,Matthew G - Selden, NY Moffa,Christopher P - Yonkers, NY Lindstrand,Elizabeth A - Kirkville, NY Mohan,Mona V - Farmingdale, NY Livingston-Neal,Nicole A - Caledonia, NY Monge,Damin L - Albany, NY Lo Sordo,Michael J - Lake Ronkonkoma, NY Monge,Damon C - Albany, NY Logan,Amy M - Guilderland, NY Montero,Jennifer - New York, NY Loizon,George - Shokan, NY Montross,Christopher P - Weedsport, NY London,Jacob N - Albany, NY Moore,Casey D P - Binghamton, NY Lopez,Maria R - Lindenhurst, NY Morales,Edwin A - Brooklyn, NY Lorenz,Candie M - Cortlandt Manor, NY Moran,Seamus D - Albany, NY Mabee,Marcie L - Walker Valley, NY Moreno,Michael A - Hoboken,NJ Maher,Jason A - Delmar, NY Moreno,Monique - Huntington Station, NY Mahlum,Zoe H - Endwell, NY Morgana,Paul - Bethpage, NY Malner,Stacie L - Rego Park, NY Morgasen,Andrew M - Plainview, NY Mammen,Thomas C - Rensselaer, NY Mullin,Megan E - Cortland, NY Manzano,Yovanie A - Bay Shore, NY Musco,Alexandra E - Albany, NY Maranzino,Melanie M - Bay Shore, NY Musto,Michelle M - Massapequa, NY Marcario,Maria E - Bayville, NY Nelson,Rashaun L - Buffalo, NY Marcello,John D - Johnson City, NY Neri,Christine E - Fultonville, NY Marino,Christopher A - Newburgh, NY Newton,Jacob D - De Ruyter, NY Marlay-Wright,Zachary T - Albany, NY Niezgoda,Brandon C - Schenectady, NY Marois,Brian T - Clifton Park, NY Noah,Donald G - Williamsville, NY Martin,Jaleesa V - Syracuse, NY Norris,Garrett M - Heber City,UT Martin,Katrinna L - Buffalo, NY Nugent,Julianne - Babylon, NY Martin,Keli S - Rochester, NY Nugent,Shawn T - Elmira, NY Marzano,Heather E - Weehawken,NJ Nunn,Shanae M - Albany, NY Masiello,Robert V - Garnerville, NY Nunnally,Tricia M - East Syracuse, NY Massa,Emily C - East Greenbush, NY Nwaduwa,Ifeanyi-Chukwu J - Bronx, NY Massaroni,Jennifer L - Voorheesville, NY O’Brien,Hannah R - Carthage, NY Matarrese,Gabriella C - Schenectady, NY O’Hara,Jennifer S - Queensbury, NY Mathew,Merry - East Meadow, NY Olsen,Tyler L - Knoxville,TN Maung,Rebecca - Syracuse, NY Olson,Karli C - Jamestown, NY Mavor,Amanda L - Morrisonville, NY Osborne,Jamie L - Worcester, NY May,Annabelle V - Port Washington, NY Palmer,Michaela M - Castleton, NY Mc Aree,Cynthia R - Canastota, NY Paquin,Holden J - Plattsburgh, NY Mc Auley,James I - Franklinville, NY Patterson,Sondra L - Shirley, NY Mc Cann,Robert A - Niagara Falls, NY Payette,Adam C - Keeseville, NY Mc Carron,Shane T - Cortlandt Manor, NY Pendt,Julie A - Schenectady, NY Mc Carthy,Kyle T - Weedsport, NY Perez,Alberto - E Northport, NY Mc Chesney,Melissa S - Scottsburg, NY Perkins,Nicholas W - Sterling, NY Mc Crary,Chamanyce - Roosevelt, NY Perrillo,Dylan R - Albany, NY Mc Glynn,Devin N - Watervliet, NY Persico,Edward B - East Hampton, NY Mc Hugh,Heather M - Glenmont, NY Petranker,Oren S - New York, NY Mc Intyre,Virginia - Buffalo, NY Petrick,Michael A - Binghamton, NY Mc Kenzie,Andrea J - Germantown, NY Pettaway,Lester D - Southampton, NY Mc Loughlin,Caitrin M - Sayville, NY Phelan,Heather M - Great River, NY Mc Murray,Jamie L - Cadyville, NY Phillips,Erin E - Watkins Glen, NY Mc Tague,Catherine M - Voorheesville, NY Phillips,Michael S - Plainview, NY Mc Tague,Meara E - Voorheesville, NY Phipps,Rachel M - Lockport, NY Melendez,Samantha A - Westport, NY Pierce,William G - Ballston Spa, NY Merced,Jonathan - Brentwood, NY Pierre,Ashley A - Waterford, NY Metzinger,Donald P - Buffalo, NY Piershalski,Justin S - Grand Island, NY Michel,Jonathan C - Lackawanna, NY Pistell,Timothy B - Los Angeles,CA

81 Miscellaneous Notices/Hearings NYS Register/October 11, 2017

Polen,David P - Great Neck, NY Schoonover,Mark R - Horseheads, NY Priore,Christopher A - Altamont, NY Schrader,Sarah M - Nichols, NY Pristera,Brianna L - New Hartford, NY Schroeher,Keith J - Riverhead, NY Provencher,Kaitlyn M - Depew, NY Scime,Daniel J - Snyder, NY Pucci,Lauren M - Carthage, NY Scorzello,John M - Warwick, NY Putorti,Elyse K - Freeville, NY Senatus,Liliane L S - West Palm Bch,FL Quinn,Brittanie N - Appleton, NY Senecal,Adam D - Peru, NY Rabideau,Anna R - Plattsburgh, NY Sepulveda,Sheila M - Albany, NY Radziwon,Laura E - West Seneca, NY Serenita,David - Islip, NY Rafferty,Justin M - Brooklyn, NY Servo,Karen L - Kingston, NY Ragonese,Carla V - Flushing, NY Shanahan,Christine K - Mattituck, NY Raheb,Jonathan R - Selden, NY Shea,Erin C - Brookfield,MA Ramsey-Gross,Khadajah - Albany, NY Shea,Michael P - Orchard Park, NY Rausch-Moran,Maranis M - Ithaca, NY Shea,Molly M - Binghamton, NY Reed,Brian A - Fairport, NY Shultz,Alexandria M - Geneva, NY Reed,Danielle M - Las Vegas,NV Shumway,Christopher T - Albany, NY Reed,Kelly A - West Park, NY Sikora,Keith R - Lebanon,TN Reed,Rebecca K - Hurst,TX Simon,Matthew F - Bedford, NY Reilly,Meghan E - Northport, NY Sinceno,Christopher A - Freeville, NY Reilly,Ryan M - Garnerville, NY Singleteary,Judy - Buffalo, NY Reinhardt,Kirk P - Port Ewen, NY Sinnott,Holly A - Buffalo, NY Reis,Manuel D - Yonkers, NY Sisti,James S - North Merrick, NY Reithel,Brittany J - Jamestown, NY Smalls,Charmain M - East Elmhurst, NY Restrepo,Luz P - Miami,FL Smith,Jennifer M - Batavia, NY Rey,Matthew L - Brooklyn, NY Smith,Melissa E - East Aurora, NY Ribachonek,Allison N - Manlius, NY Smith,Rachel - Brooklyn, NY Riedl,Murphy A - Cazenovia, NY Smith,Trumaine S - Sag Harbor, NY Ritchie,Matthew J - Mount Sinai, NY Snyder,Michael F - Voorheesville, NY Rivera,Amy L - Salamanca, NY Sobolewski,Sara M - Boston,MA Robinson,Andrea C - Buffalo, NY Sokol,Natalie - Wantagh, NY Robinson,Ebony - Schenectady, NY Solares,Alan G - Freeport, NY Rockefeller,Matthew I - Delmar, NY Sombke,Henry P - North Babylon, NY Rogener,Kristin A - Eastchester, NY Spangler,Christopher J - Jefferson,OR Roland,Jessica A - Islip Terrace, NY Spencer,Lisa H - Nedrow, NY Roldan,Ricardo J - Sanford,FL Spicer,Casey J - Albany, NY Romeo,Anthony P - Sackets Harbor, NY Spiess,Kerianne E - Levittown, NY Romero,Steven - Westbury, NY Spiess,Lillian M - East Quogue, NY Rose,Lisa M - Stony Point, NY Springer,Hannah - Albany, NY Rose,Marie L - Wappingers Falls, NY Springer,Margaret R - East Nassau, NY Rouse,Celia C - Brooklyn, NY Sprowls,Troy J - Farmingville, NY Rowse,Kellynn S - Greenfld Ctr, NY St John,Nicholas E - Troy, NY Ruberto,Nicholas J - West Seneca, NY Staley,Rodney L - Niagara Falls, NY Rutkowski,Jordan R - Irmo,SC Stayton,Katie M - Moravia, NY Ryan,Matthew J - Islip, NY Steger,Christopher M - Farmington, NY Ryba,Joel T - Albany, NY Strabel,Gregory D - Brockport, NY Saenawong,Emmy - Nyack, NY Strasburg,James - Geneseo, NY Salerno,Christian J - Monroe, NY Straub,Francis K - Canandaigua, NY Salmon,Stacy L - Lowville, NY Strosberg,David S - Columbus,OH Samuel,Teena - Liverpool, NY Stuart,Ashley - Watertown, NY Sanchez,Diana M - West Hempstead, NY Tarapacki,Jill D - Lancaster, NY Santa-Donato,Brianne S - White Plains, NY Taylor-Johnston,Etrenidall L - Syracuse, NY Santamaria,Patrick J - Schuyler Falls, NY Taylor,Sonia - Westbury, NY Santangelo,Stephen J - Stony Brook, NY Termini,Kimberly M - Elmont, NY Santino,Catherine A - Wynantskill, NY Thomas,Demetria T - Yonkers, NY Sarmiento,Susan L - Tuckahoe, NY Thomas,Jason S - Fredonia, NY Sarubbi,Nicole D - Miami,FL Thomas,Kevin R - Ulster Park, NY Schiff,Ryan T - Rochester, NY Thompson,Phillip J - Cheektowaga, NY Schloop,Robert P - Watertown, NY Tkhoryk,Maryana - Fuquay Varina,NC Schneider,Rachelle - Pearl River, NY Tombari,Jesse L - New York, NY

82 NYS Register/October 11, 2017 Miscellaneous Notices/Hearings

Tosado-Moya,Angel D - Schenectady, NY PUBLIC NOTICE Townsend,Albert E - Auburn, NY Department of State Trask,Ian S - Jamestown, NY F-2017-0559 Travis,Robert J - La Fayette, NY Date of Issuance – October 11, 2017 Trifeletti,Derek A - Rome, NY The New York State Department of State (DOS) is required by Tundo,Anthony F - Watertown, NY Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of Tuzzi,Lisa - Mastic, NY the Federal Coastal Zone Management Act of 1972, as amended. Twiss,Mindy L - Newport News,VA The applicant has certified that the proposed activity complies with Tychostup,Christian M - Mayfield, NY and will be conducted in a manner consistent with the approved New Tyler,Lauren M - Plattsburgh, NY York State Coastal Management Program. The applicant’s consis- Tyrrell,Kerry L - Montgomery, NY tency certification and accompanying public information and data are Uwimana,Alice - Abilene,TX available for inspection at the New York State Department of State of- fices located at One Commerce Plaza, 99 Washington Avenue, in Valente,Emily A - Brooklyn, NY Albany, New York. Valentin,James M - Watervliet, NY In F-2017-0559, the Saugerties Lighthouse Conservancy, is propos- Van Alstine,Sarah E - Watkins Glen, NY ing the Saugerties Lighthouse Restoration Project at 168 Lighthouse Van Tassel,Ethan T - Pittsburgh,PA Drive, Village of Saugerties, Ulster County. The project, located at the Vanauken,Zachary A - Clay, NY confluence of the Esopus Creek and Hudson River, is needed to Vecker,Alixandra S - New York, NY stabilize and repair the dock, bulkhead, seawall, and pier associated with the historic lighthouse. Ventura,Angelica A - Garnerville, NY The lighthouse was constructed in 1869, is the oldest surviving Verplank,Keith E - Webster, NY lighthouse residence on the Hudson River, and is listed on the National Vetrero,Kristin N - Washingtonvle, NY Register of Historic Places (Reference #79001642). The proposed Villegas,Andre M - Albany, NY activities would be undertaken within the State-designated Significant Visbal,Caroline M - Huntington, NY Coastal Fish and Wildlife Habitat (SCFWH) unit of the Esopus Estu- Vistocco,Angela L - Victor, NY ary and within the Ulster North Scenic Area of Statewide Significance (SASS) subunit UN-5. Information on this habitat and protected sce- Vollor,Amanda L - Averill Park, NY nic landscape to be evaluated in considering this project may be found Waggoner,Evan P - Williamstown,NJ on the Office of Planning and Development’s website: Walck,Charles W - Black River, NY D http://www.dos.ny.gov/opd/programs/consistency/Habitats/ Waldorf,Marek D - Brooklyn, NY HudsonRiver/Esopus_Estuary_Habitat_FINAL.pdf Walsh,Jeffrey J - Saratoga Spgs, NY D http://www.dos.ny.gov/opd/programs/HudsonSASS/Hudson%20 Walsh,Justin N - Caledonia, NY River%20Valley%20SASS.pdf Walter,Laura E - North Collins, NY Any interested parties and/or agencies desiring to express their views concerning any of the above proposed activities may do so by Waskiewicz,Allison M - Mahopac, NY filing their comments, in writing, no later than 4:30 p.m., 30 days from Watkins,Brandy L - Ilion, NY the date of publication of this notice, or, November 11, 2017. Weber,Shannon P - Huntington, NY Comments should be addressed to the Consistency Review Unit, Weiss,Matthew N - Delmar, NY New York State Department of State, Office of Planning and Develop- Welch,Brenden T - Lake Luzerne, NY ment, One Commerce Plaza, 99 Washington Avenue, Albany, New White,Denise R - Rochester, NY York 12231. Telephone (518) 474-6000; Fax (518) 473-2464. Elec- tronic submissions can be made by email at: [email protected]. White,Jennifer M - Old Tappan,NJ This notice is promulgated in accordance with Title 15, Code of Wiggins,Sincere S - Buffalo, NY Federal Regulations, Part 930. Williams,Faith F - Bronx, NY Williams,James A - Bronx, NY PUBLIC NOTICE Williams,Jessica E - Saint Albans, NY Department of State Williams,Lisa M - Clay, NY F-2017-0797 Williams,Makayla J - Nanuet, NY The New York State Department of State (DOS) is required by Williams,Patrice M - White Plains, NY Federal regulations to provide timely public notice for the activities Williams,Rebecca J - Bloomington, NY described below, which are subject to the consistency provisions of Williamson,Megan A - East Patchogue, NY the Federal Coastal Zone Management Act of 1972, as amended. Wilson,Matthew A - Oswego, NY The applicant has determined that the proposed activity complies Winton,Kyle C - South Plymouth, NY with and will be conducted in a manner consistent to the maximum extent practicable with the approved New York State Coastal Manage- Wolfe,Kelly A - Tarrytown, NY ment Program. The applicant’s consistency determination and ac- Woodruff,Linda F - Westport, NY companying public information and data are available for inspection Woodward,Victoria K - Watertown, NY at the New York State Department of State offices located at One Com- Wright,Linzee E - Peru, NY merce Plaza, 99 Washington Avenue, in Albany, New York. Wright,Regina - Bronx, NY In F-2017-0797, Amtrak, is proposing to undertake a slope stabiliza- Young,Patrick G - Camillus, NY tion to the north of the Amtrak station in Hudson, NY. The project involves the scaling of the existing rock face, installation of rock Yuhnke,Sara - Tonawanda, NY anchors, and the application of tinted and sculpted shotcrete. The Zennamo,Trisha D - Syracuse, NY purpose of the proposed action is to prevent rock falls along a section Zincio,Curt J - Phoenixville,PA of train track. Zouzias,Christos S - Cold Spring, NY Any interested parties and/or agencies desiring to express their

83 Miscellaneous Notices/Hearings NYS Register/October 11, 2017 views concerning any of the above proposed activities may do so by 11. SWN Production Company, LLC, Pad ID: MARVIN PAD, filing their comments, in writing, no later than 4:00 p.m., October 10, ABR-201209009.R1, Jackson Township, Susquehanna County, Pa.; 2017. Consumptive Use of Up to 4.9990 mgd; Approval Date: July 24, 2017. Comments should be addressed to the Consistency Review Unit, 12. SWN Production Company, LLC, Pad ID: FREITAG PAD, New York State Department of State, Office of Planning and Develop- ABR-201209010.R1, Jackson Township, Susquehanna County, Pa.; ment, One Commerce Plaza, 99 Washington Avenue, Albany, New Consumptive Use of Up to 4.9990 mgd; Approval Date: July 24, 2017. York 12231. Telephone (518) 474-6000; Fax (518) 473-2464. Elec- 13. Carrizo (Marcellus), LLC, Pad ID: Ricci Well Pad, ABR- tronic submissions can be made by email at: [email protected]. 201208019.R1, Bridgewater Township, Susquehanna County, Pa.; This notice is promulgated in accordance with Title 15, Code of Consumptive Use of Up to 2.1000 mgd; Approval Date: July 26, 2017. Federal Regulations, Part 930. 14. Chief Oil & Gas, LLC, Pad ID: Bishop Drilling Pad, ABR- 201212014.R1, Auburn Township, Susquehanna County, Pa.; Con- PUBLIC NOTICE sumptive Use of Up to 2.0000 mgd; Approval Date: July 31, 2017. Susquehanna River Basin Commission AUTHORITY: Pub. L. 91-575, 84 Stat. 1509 et seq., 18 CFR Parts 806, 807, and 808. Projects Approved for Consumptive Uses of Water Dated: September 20, 2017. SUMMARY: This notice lists the projects approved by rule by the Stephanie L. Richardson, Susquehanna River Basin Commission during the period set forth in “DATES.” Secretary to the Commission. DATES: July 1-31, 2017. ADDRESSES: Susquehanna River Basin Commission, 4423 North PUBLIC NOTICE Front Street, Harrisburg, PA 17110-1788. Susquehanna River Basin Commission FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, Projects Approved for Minor Modifications General Counsel, 717-238-0423, ext. 1312, [email protected]. Regular SUMMARY: This notice lists the minor modifications approved for mail inquiries may be sent to the above address. a previously approved project by the Susquehanna River Basin Com- SUPPLEMENTARY INFORMATION: This notice lists the proj- mission during the period set forth in “DATES.” ects, described below, receiving approval for the consumptive use of DATES: July 1-31, 2017. water pursuant to the Commission’s approval by rule process set forth ADDRESSES: Susquehanna River Basin Commission, 4423 North in 18 CFR § 806.22(e) and § 806.22 (f) for the time period specified Front Street, Harrisburg, PA 17110-1788. above: FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, Approvals By Rule Issued Under 18 CFR 806.22(e): General Counsel, telephone: (717) 238-0423, ext. 1312; fax: (717) 1. DelGrosso Foods Inc., ABR-201707002, Antis Township, Blair 238-2436; e-mail: [email protected]. Regular mail inquiries may be County, Pa.; Consumptive Use of Up to 0.2500 mgd; Approval Date: sent to the above address. July 25, 2017. SUPPLEMENTARY INFORMATION: This notice lists previously Approvals By Rule Issued Under 18 CFR 806.22(f): approved projects, receiving approval of minor modifications, 1. SWN Production Company, LLC, Pad ID: ENDLESS MOUN- described below, pursuant to 18 CFR 806.18 for the time period speci- TAIN RECREATION, ABR-201209001.R1, New Milford Township, fied above: Susquehanna County, Pa.; Consumptive Use of Up to 4.9990 mgd; Minor Modifications Issued Under 18 CFR 806.18 Approval Date: July 14, 2017. 1. SWEPI LP, Docket No. 20161218-1, Deerfield Township, Tioga 2. SWN Production Company, LLC, Pad ID: WOOSMAN PAD, County, Pa.; approval to change the design of the surface water intake ABR-201209006.R1, New Milford Township, Susquehanna County, with respect to intake location; Approval Date: July 14, 2017. Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: July 14, AUTHORITY: Pub. L. 91-575, 84 Stat. 1509 et seq., 18 CFR Parts 2017. 806, 807, and 808. 3. Cabot Oil & Gas Corporation, Pad ID: Rag Apple LLC P1, ABR- Dated: September 20, 2017. 201207015.R1, Jessup Township, Susquehanna County, Pa.; Con- sumptive Use of Up to 5.0000 mgd; Approval Date: July 18, 2017. Stephanie L. Richardson, 4. Cabot Oil & Gas Corporation, Pad ID: FlowerT P1, ABR- Secretary to the Commission. 201207016.R1, Springville Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: July 18, 2017. PUBLIC NOTICE 5. Cabot Oil & Gas Corporation, Pad ID: ReillyJ P1, ABR- Uniform Code Regional Boards of Review 201207017.R1, Gibson Township, Susquehanna County, Pa.; Con- Pursuant to 19 NYCRR 1205, the petitions below have been sumptive Use of Up to 5.0000 mgd; Approval Date: July 18, 2017. received by the Department of State for action by the Uniform Code 6. Range Resources – Appalachia, LLC, Pad ID: State Game Lands Regional Boards of Review. Unless otherwise indicated, they involve 075A – West Pad, ABR-201207002.R1, Pine Township, Lycoming requests for relief from provisions of the New York State Uniform County, Pa.; Consumptive Use of Up to 1.0000 mgd; Approval Date: Fire Prevention and Building Code. Persons wishing to review any July 18, 2017. petitions, provide comments, or receive actual notices of any subse- 7. Inflection Energy (PA), LLC, Pad ID: Converse Well Site, ABR- quent proceeding may contact Brian Tollisen, Building Standards and 201707001, Mill Creek and Wolf Townships, Lycoming County, Pa.; Codes, Department of State, One Commerce Plaza, 99 Washington Consumptive Use of Up to 4.0000 mgd; Approval Date: July 20, 2017. Ave., Albany, NY 12231, (518) 474-4073 to make appropriate 8. Repsol Oil & Gas USA, LLC, Pad ID: KUHLMAN (05 258) M, arrangements. ABR-201208023.R1, Windham Township, Bradford County, Pa.; 2017-0297 Austin Patterson Disston Architects, 44 Quogue Street, Consumptive Use of Up to 6.0000 mgd; Approval Date: July 20, 2017. P.O. Box 1701, Quogue, NY 11959, for a variance concerning require- 9. SWN Production Company, LLC, Pad ID: SWOPE PAD, ABR- ments for a required residential automatic fire sprinkler system. 201209007.R1, Jackson Township, Susquehanna County, Pa.; Con- Involved is the construction of a new one-family dwelling, three sumptive Use of Up to 4.9990 mgd; Approval Date: July 24, 2017. stories in height, approximately 11,165 square feet in area and of type 10. SWN Production Company, LLC, Pad ID: MULLOY PAD, VB construction, located at, 32 Shinnecock Road, Village of Quogue, ABR-201209008.R1, Jackson Township, Susquehanna County, Pa.; New York 11959. Consumptive Use of Up to 4.9990 mgd; Approval Date: July 24, 2017. 2017-0231 Luceny Garcia, 66 Selden Blvd., Centereach, NY 11720,

84 NYS Register/October 11, 2017 Miscellaneous Notices/Hearings for a variance concerning the minimum permitted ceiling, soffit and girder heights in a basement. Involved are alterations to an existing one-family dwelling, two stories in height, approximately 3,750 square feet in area and of type VB construction, located at, 66 Selden Blvd., Centereach, Town of Brookhaven, Suffolk County, New York 11720. 2017-0303 Patricia Bencardino,10 Murphy Drive, Hampton Bays, NY 11946, for a variance concerning a required pool barrier. Involved are the installation of a swimming pool to an existing one- family dwelling, one story in height, approximately 4,060 square feet in area and of type VB construction. Located at, 10 Murphy Drive, Hampton Bays, Town of Southampton, Suffolk County, New York 11946.

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XECUTIV E ORDERS E

Executive Order No. 165.4: Continuing the Declaration of a Di- WHEREAS, the reporting of unlawful activity by immigrant wit- saster Emergency within the Territorial Boundaries of the Coun- nesses and victims is critical to strengthening ties between immigrants ties of Cayuga, Jefferson, Monroe, Niagara, Orleans, Oswego, and law enforcement, reducing crime, and enhancing the State’s abil- Saint Lawrence, and Wayne. ity to protect the safety of all of its residents; and WHEREAS, pursuant to Executive Order No. 165, a disaster has WHEREAS, the New York State Constitution and the New York heretofore been declared in the counties bordering Lake Ontario and State Human Rights Law protect individuals from discrimination on the Saint Lawrence River due to coastal flooding, widespread erosion the basis of national origin in the areas of education, benefits, employ- and water damage to structures and infrastructure, and ment, housing, and public accommodation, and the State is committed WHEREAS, pursuant to Executive Order No. 165.1, modifications to enforcing those protections to the fullest extent of the law; and were made to Executive Order No. 165 to provide specific authority WHEREAS, State government has a responsibility to ensure that and direction to the Commissioner of Parks, Recreation and Historic services are provided equally, and consistent with civil rights laws, to Preservation to establish speed limits of five (5) miles per hour within all individuals eligible to receive them; and six hundred (600) feet of shore in the affected counties where she WHEREAS, access to State services is critical to the vitality and deems it appropriate and necessary and to extend until July 2, 2017 well-being of immigrant communities and their continued integration the provisions of Executive Order No. 165, and into the State’s economic, civil, and cultural life; and WHEREAS, pursuant to Executive Order Nos. 165.2 and 165.3, the WHEREAS, providing State services to immigrant communities is provisions of Executive Order Nos. 165 and 165.1 were extended until necessary to meet the needs of the State’s diverse population, to September 2, 2017, because high waters and the dangers presented by maintain public confidence in State government and its agencies, and vessels traveling at speeds greater than five (5) miles per hour within to comply with State and Federal civil rights laws; and six hundred (600) feet of shore continued to pose an imminent threat NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the to public health and public safety systems, and State of New York, by virtue of the authority vested in me by the Con- WHEREAS, these extreme conditions continue to pose an imminent stitution and laws of the State of New York, do hereby order as follows: threat to public health and public safety systems within the counties of A. Definitions Cayuga, Jefferson, Monroe, Niagara, Orleans, Oswego, Saint Law- 1. ‘‘State entity’’ shall mean (i) all agencies and departments over rence and Wayne. which the Governor has executive authority, and (ii) all public benefit NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the corporations, public authorities, boards, and commissions, for which State of New York, by virtue of the authority vested in me by the Con- the Governor appoints the Chair, the Chief Executive, or the majority stitution and the Laws of the State of New York, do hereby extend all of Board members, except for the Port Authority of New York and of the terms, conditions and directives of Executive Order Nos. 165 New Jersey. and 165.1 for the period from the date that the disaster emergency was 2. ‘‘Alien’’ shall mean any person who is not a citizen or national of declared pursuant to said Executive Orders until October 2, 2017. the United States. 3. ‘‘Illegal activity’’ shall mean any unlawful activity that consti- (L.S.) GIVEN under my hand and the Privy Seal of tutes a crime under state or federal law. However, an individual’s the State in the City of Albany this first day of September in the year two thousand status as an undocumented alien does not constitute unlawful activity. seventeen. B. Agency and Authority Responsibilities Respecting the Privacy of Personal Information 1. No State officers or employees, other than law enforcement of- BY THE GOVERNOR ficers as provided in B.3 infra, shall inquire about an individual’s im- /S/ Andrew M. Cuomo migration status unless: /s/ Melissa DeRosa a. The status of such individual is necessary to determine his or her Secretary to the Governor eligibility for a program, benefit, or the provision of a service; or b. The State officer or employee is required by law to inquire about Executive Order No. 170: State Policy Concerning Immigrant such individual’s status. Access to State Services. 2. No State officers or employees, including law enforcement of- WHEREAS, New York State will remain true to the ideals that ficers, shall disclose information to federal immigration authorities for founded this country, and will continue to welcome immigrants as a the purpose of federal civil immigration enforcement, unless required source of energy, and celebrate them as a source of revitalization for by law. Notwithstanding such prohibition, this Order does not pro- our State; and hibit, or in any way restrict, any state employee from sending to, or WHEREAS, New York State’s residents make up one of the receiving from, federal immigration authorities, information regard- nation’s most diverse communities, as over 4.3 million immigrants ing the citizenship or immigration status, lawful or unlawful, of any reside within the State and over twenty percent of the State’s popula- individual, as required by law. tion is foreign-born; and 3. No law enforcement officers shall inquire about an individual’s WHEREAS, immigrants residing in New York State are an essential immigration status unless investigating such individual’s illegal activ- part of the economic fabric of this State, as over 29% of all business ity, provided however that such inquiry is relevant to the illegal activ- owners in New York are foreign-born, such businesses generate mil- ity under investigation. Nothing in this section shall restrict law lions of dollars in total net income, and the combined purchasing enforcement officers from seeking documents for the purpose of power of immigrant communities exceeds $165 billion dollars; and identification following arrest.

87 Executive Orders NYS Register/October 11, 2017

a. This prohibition against inquiring into status includes, but is not limited to, when an individual approaches a law enforcement officer seeking assistance, is the victim of a crime, or is witness to a crime. b. Law enforcement officers may not use resources, equipment or personnel for the purpose of detecting and apprehending any individ- ual suspected or wanted only for violating a civil immigration offense. Law enforcement officers have no authority to take any police action solely because the person is an undocumented alien. This includes identifying, questioning, detaining, or demanding to inspect federal immigration documents.

(L.S.) GIVEN under my hand and the Privy Seal of the State in the City of Albany this fifteenth day of September in the year two thousand seventeen.

BY THE GOVERNOR /S/ Andrew M. Cuomo /s/ Melissa DeRosa Secretary to the Governor

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