ConsolidataJdWi Edison Company OS"- S ~ f3'7 6 of New York, Inc. 4 Irving Place New York NY 10003 COnEulSOn www.conEd.com a conEdison, inc. company r-J Ov O October 30, 2006 GO "0 CO -== •n^rfa I •=:-,Op Hon. Jaclyn A. Brilling "5 Secretary 0320 State of New York •fr f ^ __ -< Public Service Commission ^ Three Empire State Plaza Albany, New York 12223 RE: Case 05-S-1376, Con Edison Steam Rate Case Dear Secretary Brilling: Consolidated Edison Company of New York, Inc. ("Con Edison" or the "Company") made changes to its Schedule for Steam Service, P.S.C. No. 3 - Steam, effective October 1, 2006, pursuant to an order of the Public Service Commission (the "Commission"), issued and effective September 22, 2006, in Case 05-S-1376. The Company was directed by Ordering Clause 4 of the Commission's September 22, 2006 order to file proof with the Commission that a notice to the public of the changes proposed by the amendments and their effective date was published once a week for four successive weeks in newspapers having general circulation in the areas affected by the amendments. As directed by the Commission, the Company is filing herewith an affidavit attesting that publication was made, plus copies of the notice that was published, in the New York Post on October 5, 12, 19, and 26, 2006. Very truly yours, CONSOLIDATE]) EDISON COMPANY OF NEW YORK, INC. Christine Colletti Director Rate Engineering D<$5H3 7/ • State of New York ss: COUNTY OF NEW YORK VA/lmwia (aWonObemadutoswnrn says that he/she is the principal Clerk of the Publisher of the New York Post a daily newspaper of general circulation printed and published in the English language, in the County of New York, State of New York; that advertisement hereto annexed has been regularly published in the said "NEW YORK POST" once, onthe^./^/^o^ davof tfCT^/Je* 2006 \J (XAdKAnUyiAiM^ Sworn to before me this // dav of ^M^s A 2006,/!/ / NOTARY PUBLIC BYRON STEVENS Notary Public. State of New Ybrk ,^0.01816117803 Qualified In New York County commission Expires November 1,2008 46 o >.Q. C Biovail gets ID O O XIo O more heat -a By RODDY BOYD that the SEC's long-run- America Securities analyst ning investigation could nearly two dozen times. Securities regulators in have now expanded into , The analyst, Jerry Treppel, the U.S. and Canada ap- his trading of the compa- was fired shortly after he pear to be ratcheting up o ny's stock. downgraded the company Q. the pressure on the Melnyk, whose corpo- to "sell" in 2002. founder of Biovail over de- rate governance and trad- Treppel, is suing Biovail tails of his controversial ^ ing activities at Biovail for defamation. offshore stock trading. have been under investiga- The SEC's Biovail in- TRASH TALK: Surveillance photos allegedly show a private investigator rum- Eugene Melnyk — one of tion since 2004, seized the quiry was thought to be di- the highest-profile men in maging through former Biovail analyst Jerry Treppel's garbage under the orders of spotlight when Biovail rected primarily at Bio- lawyers for Biovail founder Eugene Melnyk (inset). Canada and the owner of sued 22 hedge funds and vail's "accounting ' and the NHL's Ottawa Sena- analysts last February, al- financial reporting prac- tors — was to be inter- leging a wide-ranging con- tices" from 2001 to 2003, ates involved in the man- public interest by faihng to ance before an OSC panel viewed by the Securities spiracy to drive down Bio- with the investigation of agement of four separate disclose his complete addressing its allegations and Exchange Commission vail's stock price. Melnyk's trading being Cayman Islands trusts set holdings and changes in was postponed. this week, according to an More recently. The Post handled by the OSC. up to hold 9.4 million Bio- his holdings to the public," Biovail shares gained 12 Ontario Securities Com- reported Melnyk's lawyers In late July, the OSC is- vail shares. the OSC wrote". cents to close at $17.05. mission release. ordered private investiga- sued a 92-count statement "In failing to file [neces- The SEC's questioning of A Biovail spokesman de- Biovail watchers believe tors to rifle through the of allegations directed at sary] insider reports, Mel- Melnyk explained why a clined to comment. the OSC-release indicates trash of a former Banc of Melnyk and three associ- nyk acted contrary to the late-September appear- [email protected] LEGAL NOTICE Con Edison Makes Certain Changes to its Steam Tariff Effective October 1, 2006 M'soft bigs get pay cut On September 22, 2006, the New York State Public Service Commission Microsoft reduced the ^mm manage $75 billion in in- approved a two-year steam rate plan commencing October 1, 2006. Under the total pay of Chairman Bill vestments, including Mi- plan, steam base rates are continued at their current level for the two-year Gates and Chief Executive crosoft shares, at Loomis, rate term, except that recovery of certain costs will be shifted between base Officer Steve Ballmer for Sayles & Co. in Boston. rates and Fuel Adjustment Clause ("FAC") charges beginning October 2007 the first time in at least six Microsoft in August and demand charges will be implemented beginning November 2007 for years as profit gains dished out performance slowed. bonuses worth almost $1 steam customers with annual consumption of 22,000 Mlb or greater. Gates and Ballmer, both billion to its top 900 exec- 50, each earned $616,667 in utives, excluding Ballmer Pursuant ,to the plan, Con Edison has made certain changes to its steam salary in the fiscal year -rate schedule, P.S.C. No. 3 - Steam, effective October 2006, as follows: and Gates. One-third of ended in June, up 2.8 per- those bonuses vested im- (a) the Company's steam repair service, which is performed upon a cent from a year earlier. mediately, with the rest customer's request, was modified; Both had their bonuses cut paid out over the next two 13 percent to $350,000, years. The. bonuses, put in (b) the charge for each temporary disconnection or reconnection of Redmond, Wash.-based place in 2003 to hold onto Microsoft, the world's key managers, were based service requested by a customer (in excess of one request for each in a largest software maker, BILL GATES 12-month period) was increased from $186 to $291 during business hours said in a regulatory filing. Gets less. on performance .between 2003 and 2006. and from $222 to $331 during any other time; Earnings . growth has stalled as Microsoft 6.6 percent gain for the Compensation varies (c) a charge of $291 during business hours and $336 during any other time spends more to get the S&P 500 Index. from year to year and is was added for the investigation of a leak, pressure condition, or other Xbox video-game console "This is probably a func- determined by the board problem at a customer's premises when the Company determines that there in stores and endured de- tion of management want- based on qualitative and is a problem with the customer's piping and/or equipment; lays for the release of the ing to show that the top quantitative factors, as Vista version of the Win- dogs are accountable for listed in the filing, accord- (d) the steaim air-conditioning incentive program in Service Classiification dows operating system. the numbers they produce ing to a statement from ("SC") 2 and SC 3 was extended to accept customers' applications until The company's stock fell the same way everybody Colleen Healy, Microsoft's September 30, 2008; 6.2 percent during the fis- else is accountable," said general manager for inves- cal year, compared with a Tony Ursillo, who helps tor relations. Bloomberg (e) the Special Monthly Adjustments ("SMA") section of the FAC, which is a monthly charge or credit per-Mlb, was modified to explain that the SMA will recover carrying charges associated with the East River Repowering Project prior to October 2007 (costs incurred thereafter will be recovered through Thain warms to Deutsche Boerse base rates) and purchased water and water chemical costs used for. steam NYSE Group Chief Executive John Thain Deutsche Boerse, Le Figaro newspaper re- production (currently recovered through base rates) commencing October said he's open to buying part of Deutsche ported, citing a person with knowledge of 2007, and to clarify the allocation of common costs of the 74th Street and Boerse, operator of the Frankfurt stock ex- the proposal. 59th Street stations to the electric department; and change, in addition to Euronext. Euronext scuttled more than six months "We have always said that we were re- of merger negotiations with Deutsche (f) minor Changes were made for housekeeping and clarification ceptive to adding other European cash Boerse when it agreed to be acquired by purposes, such as deletion of obsolete tariff language and clarification of SC 4 businesses into the Euronext model," NYSE Group in June. Deutsche Boerse CEO Reto Francioni has continued to press applicability. ' Thain said in an interview on the floor of the New York Stock Exchange. "I think it's his offer for Euronext arguing that it would a possibility." benefit shareholders and customers more Copies of Con Edison's tariff amendments are available for inspection than an NYSE deal. at the office of the Public Service Commission, 90 Church Street, 4th floor, Euronext is under pressure to consider Deutsche Boerse spokeswoman Candice New York, New York 10007, and at Con Edison's office at 4 Irving Place, alternatives to combining solely with Adam declined to comment yesterday on NYSE Group after agreeing to be acquired Thain's remarks.