N.Y. Comp. Codes R. & Regs. tit. 21
CHAPTER X
Power Authority of the State of
Part
450
Procedures with
Respect to Resale of Power
451
Consume-r
Deposits-Municipalities and Cooperatives
452
Resale
Rates-Municipalities and Cooperatives
453
Public Records
454
Power Service
455
Administrative
Procedures
456
Declaratory
Rulings
457
Late Payment
Charges-Municipal and Rural Electric Cooperative Systems
458
Minimum
Insulation and Heating Standards
459
Procedures for
Notice of Discontinuance of Electrical Service
460
Procedures for
Allocation of Industrial Power and Enforcement of Contracts
461
Implementation of
the State Environmental Quality Review Act
462
Personal Privacy
Protection Law
463
Prompt Payment
Policy
CHAPTER X. POWER
AUTHORITY OF THE STATE OF
PART 450.
PROCEDURES WITH RESPECT TO RESALE OF POWER
450.1
Failure
to comply with provisions of contract
§ 450.1 Failure to comply with provisions of contract
Whenever the authority shall deem it necessary, in order to
carry out its obligations under the Power Authority Act and the authority's
contracts for the sale of power for resale, to investigate the failure of any
customer of the authority to comply with the provisions of its contract
governing the resale of power and energy or failure to comply with any request
of the authority made pursuant to such provisions, or to investigate the
operations, service, practices, accounting records, rates, charges, rules and
regulations, or to make valuations or revaluations of property of any such
customer of the authority, such customer shall be charged with and pay such
portion of the compensation and expenses of any member, officer, agent,
consultant or employee of the authority, including any agent, consultant or
employee temporarily engaged by the authority, as is reasonably attributable to
such investigation, valuation or revaluation. The authority shall ascertain the
costs, including the compensation and expenses of any member, officer, agent,
consultant or employee, and shall determine the amount to be paid by the
customer and a bill shall be rendered therefor by the authority to the
customer. The amount of any such bill so rendered shall be paid to the
authority by such customer within 30 days from the date of its rendition
unless, within such period, the customer so billed shall request an opportunity
to be heard as to the amount thereof. If such a request is made, the authority
shall designate a member of the authority or a member of the staff to conduct a
hearing and report to the authority. The authority shall reconsider the charges
and advise the customer of its determination. The bill as finally rendered
shall be paid within 30 days after the date of service of such determination.
CHAPTER X. POWER
AUTHORITY OF THE STATE OF
PART 451.
CONSUMER
DEPOSITS--MUNICIPALITIES AND COOPERATIVES
451.1 Consumer deposits—nonresidential
451.2 Consumer deposits--residential
§
451.1 Consumer deposits--nonresidential
(a) Deposit. Any municipality or cooperative in the State of
(b) Calculating and crediting of interest. Every municipality or cooperative
shall allow every nonresidential customer, from whom a deposit is required,
interest on the amount deposited at a rate prescribed quarterly by the
municipality or cooperative. Each quarter, the municipality or cooperative
shall select the lowest interest rate available from a pool of local area bank
savings accounts. The selected rate shall be used to accrue interest on
consumer deposits each quarter. A weighted average interest rate shall be
calculated using the quarterly interest rates over the period a customer's
deposit is held; and shall be paid to the customer upon the return of the
deposit.
(c) Return of deposit. If any nonresidential customer is not delinquent in the
payment of bills, as defined in section 451.2(a)(5) of this Part, during the
two-year period from the payment of the deposit by the customer, the deposit
shall be refunded promptly without prejudice to the municipality's or cooperative's
right to require a future deposit in the event that the customer thereafter
becomes delinquent. As of September 1, 1986, all deposits held for more than
two years must be returned promptly to nondelinquent
customers, and in no event later than the next bill for service thereafter.
§ 451.2 Consumer deposits--residential
(a) Deposit.
(1) A municipality or cooperative in the State of New York which purchases
power from the authority may require, subject to the restrictions set forth in
this section, a new or current residential customer to whom such municipality
or cooperative shall supply electricity to deposit a sum of money, which shall
be in the amount specified in paragraph (9) of this subdivision, to secure
payment for such electricity or for the rental of fixtures, instruments and
facilities actually supplied.
(2) For the purposes of this section, a new residential customer is an
applicant for electric service to a dwelling unit which such customer uses for
his or her residential purposes and where business rates do not apply to the
service, and who does not qualify as a current residential customer. A current
residential customer is a customer who receives electric service to a dwelling
unit which such customer uses for his or her residential purposes and where
business rates do not apply to the service. A current residential customer
includes an applicant for electric service who has transferred dwelling units
within a municipality's or cooperative's service territory and for whom there is
a recent payment history. A seasonal customer is a person who applies for and
receives electric service periodically each year, intermittently during the
year, or at other irregular intervals. A short-term customer is a person who
requires electric service for a specified period of time that does not exceed
one year. A customer who receives continuous electric service for more than one
year shall not be considered a seasonal or short-term customer.
(3) Unless authorized by the authority under paragraph (6) of this subdivision,
no municipality or cooperative shall require any new residential customer to
post a security deposit as a condition of receiving electric service, unless
such new customer is a seasonal or short-term customer as defined in paragraph
(2) of this subdivision.
(4) As of December 1, 1985, no municipality or cooperative shall, unless
authorized by the authority under paragraph (6) of this subdivision, require a
current residential customer, other than a delinquent customer, to post a security
deposit, and deposits held on September 1, 1986 shall be returned promptly to nondelinquent residential customers, and in no event later
than the next bill for service thereafter.
(5) Notwithstanding the requirements of paragraph (4) of this subdivision:
(i) A municipality or cooperative may continue to demand deposits as a
condition of receiving electric service from customers who are seasonal
customers or short-term customers as defined in paragraph (2) of this
subdivision.
(ii) A municipality or cooperative may require a deposit from a current
residential customer as a condition of service if that customer is delinquent
in payment of his or her electric bills.
(iii) A customer is delinquent for the purpose of a deposit assessment if such
customer:
(a) accumulates two consecutive months of arrears without making reasonable
payment, defined as one half of the total arrears, of such charges before the
time that a late payment charge would become applicable, or fails to make a
reasonable payment on a bimonthly bill within 50 days after the bill is due,
provided that the municipality or cooperative requests such deposit within two
months of such failure to pay; or
(b) had electric service terminated for nonpayment during the preceding six
months. A municipality or cooperative intending to require a deposit under
clause (a) of this subparagraph shall provide a customer with written notice,
at least 20 days before it may assess a deposit, that the failure to make
timely payment will permit the municipality or cooperative to require a deposit
from such customer.
(iv) If a municipality or cooperative requires a deposit from a current
residential customer who is delinquent by virtue of his or her failure to make
a reasonable payment of arrears, as provided in this paragraph, it shall permit
such customer to pay the deposit in installments over a period not to exceed 12
months.
(6) Notwithstanding the requirements of paragraphs (3) and (4) of this
subdivision, a municipality or cooperative may demand and hold deposits from
new or current residential customers as a condition of electric service if the
authority, after investigation and hearing, so authorizes such practice, upon a
finding that the collection and maintenance of such deposits is cost-effective
for the municipality or cooperative as a whole without regard to the
municipality's or cooperative's cash flow and the availability of capital to
the municipality or cooperative.
(7) No municipality or cooperative shall require any person it knows to be a
recipient of public assistance, supplemental security income benefits or
additional State payments, to post a security deposit after November 30, 1985,
nor shall any municipality or cooperative hold such deposit from such known
recipient after January 31, 1986.
(8) No municipality or cooperative shall demand after November 30, 1985, or
hold after January 31, 1986, a deposit from any new or current residential
customer it knows is 62 years of age or older unless such customer has had
service terminated by the municipality or cooperative for nonpayment of bills
within the preceding six months.
(9) In any case where customer deposits are authorized by this section, a
municipality or cooperative may require a new or current residential customer
to deposit a reasonable amount of money, not greater than twice the average
monthly bill for a calendar year, except in the case of electric space-heating
customers, where deposits may not exceed twice the estimated average monthly
bill for the heating season, in order to secure payment for services actually
rendered or for the rental of fixtures, instruments and facilities actually
supplied.
(b) Calculation and crediting of interest. Every municipality or residential
cooperative shall allow every customer from whom a deposit is required,
interest on the amount deposited at a rate prescribed quarterly by the
municipality or cooperative. Each quarter, the municipality or cooperative
shall select the lowest interest rate available from a pool of local area bank
savings accounts. The selected rate shall be used to accrue interest on
consumer deposits each quarter. A weighted average interest rate shall be
calculated using the quarterly interest rates over the period a customer's
deposit is held; and shall be paid to the customer upon the return of the
deposit.
(c) Return of deposit. If any customer is not delinquent in the payment of
bills, as defined in paragraph (a)(5) of this section, during the one-year
period from the payment of the deposit by the customer, the deposit shall be
refunded promptly without prejudice to the municipality's or cooperative's
right to require a future deposit in the event that the customer thereafter
becomes delinquent.
CHAPTER X. POWER
AUTHORITY OF THE STATE OF
PART 452.
RESALE RATES--MUNICIPALITIES AND COOPERATIVES
452.1
Policy
452.2
Annual
reports
452.3
Rate
revisions
452.4
Adjustment
of rates in accordance with changes in the cost of purchased power
§ 452.1 Policy
Resale rates of municipalities and cooperatives purchasing
power from Power Authority of the State of New York shall be established and
revised from time to time in accordance with the following:
"The Power Authority Act (New York Public Authorities Law §§ 1001 to 1015)
requires that power and energy from authority's projects be supplied to
domestic and rural consumers at the lowest possible rates and that the rates,
services and practices of purchasing, transmitting and distributing public
agencies or companies in respect to the power generated shall be governed by
the provisions and principles established in the contracts made by authority
with such agencies or companies and not by regulations of the Public Service
Commission or by general principles of Public Service Law regulating rates,
services and practices."
"It further provides for full and complete disclosure to authority of all
factors of cost in the transmission and distribution of power, so that rates to
consumers may be fixed initially in its contracts and may be adjusted from time
to time on the basis of true cost data, provided that in fixing such cost of
transmission and distribution no account shall be given to any franchise value,
going value or goodwill based upon the existence of the contract and the
availability of the power for sale by the transmitting or distributing company
or any company associated therewith."
"The act also provides for periodic revisions of the service and rates to
consumers on the basis of accurate cost data obtained by such accounting
methods and systems as shall be approved by authority and in furtherance and
effectuation of the marketing policy provided for in the act." "In
establishing rates the purchaser shall not be entitled to any profit on the
sale of the power and energy purchased from authority, but a reasonable return
shall be allowed in an amount to be approved by authority on the purchaser's
investment in distribution and other facilities. There shall also be allowed,
in lieu of taxes, an amount to be approved by authority for payment into the
general fund of the purchaser which shall not exceed a maximum amount to be
calculated by applying the prevailing property tax rates to the depreciated
original cost of the purchaser's tangible property which is used in the
generation, transmission and distribution of electric power and energy. The
purchaser shall keep its books, accounts and records pertaining to the
generation, purchase, distribution or sale of power according to procedures to
be approved by authority, and all funds received, used and expended in
connection therewith shall be kept separate from other funds of the purchaser.
Nothing herein shall be construed to prevent the allowance, as an element of
cost, of payments made into reasonable and proper reserve funds established by
the purchaser and approved by authority."
§
452.2 Annual reports
Each New York municipal and cooperative system purchasing
power from the authority subject to contract provisions providing for
regulation of resale rates by the authority, shall file an annual report in the
form annexed hereto (Appendix 10-A, infra) with the authority within 90 days
after the close of its fiscal years. Cooperative electric systems may, in lieu
of filing the annual report in the form annexed hereto, file Rural
Electrification Administration form and Rural Electrification Administration
form 7a within 90 days after the close of their fiscal year.
§ 452.3 Rate revisions
(a) In considering applications for rate revisions, the
authority will consider annual reports submitted by the applicant in accordance
with section 452.2 of this Part. Applications for rate revisions shall be
accompanied by such
(b) Local public hearings re rate revision. In connection with any request for
rate revision by the preference customers of the Power Authority, a contracting
municipality shall hold a public hearing at an appropriate local office to afford
reasonable opportunity for participation by all interested parties, or their
representatives concerning such proposed rate revision. In the event there is a
governing electric commission or board, the public hearing should be a joint
undertaking between members of such commission or board and the municipal
governing body. In order to provide for a reasonable opportunity for
participation by the residents of the service area in which electric service is
provided there shall be published in the local media, newspapers or otherwise,
notice of such hearing in the manner required for an official notice to be
issued by any municipality. The listing of such a hearing as an agenda item to
be considered in addition to other items scheduled for a public hearing or
consideration published in accordance with local law, custom or requirement
shall constitute compliance with this provision. A contracting cooperative
seeking such rate revision shall hold a meeting, upon 30 days' notice unless
such notice be waived by its members, at which time such proposal for a rate
revision shall be the subject of approval or disapproval. At this hearing or
meeting as the case may be it shall be necessary to have data available to
answer reasonable and responsible questions that could be reasonably
anticipated. Such data should include, but not be limited to, the following:
(1) comparison of present and proposed net rates;
(2) comparison of annual revenues by amount and percent change for each service
classification under present and proposed rates; and
(3) typical net monthly bills comparison for each service classification under
present and proposed rates by amount and percent change. If at such hearing or
meeting as the case may be or the conclusion thereof, application for such
request rate revision is approved, there shall be furnished to the authority a
transcript of said hearing or meeting, if any, and if there be none a summary
of the proceedings attested to by the official of the municipality or
cooperative designated to act in the premises together with a request and
recommendation to implement the proposed revised rates included in the form of
an appropriate duly executed board resolution.
§
452.4 Adjustment of rates in accordance with changes in the cost of
purchased power
(a) Municipalities and cooperatives purchasing their full
power requirements from the Power Authority of the State of New York may
include in their resale rates an adjustment clause for recovery of changes in
the delivered cost of purchased power subject to such reconciliation as the
authority may deem appropriate. Municipalities or cooperatives which elect to
use such an adjustment clause may file statements to their rate schedules in
lieu of rate revisions. Such statements, which shall be in a form prescribed by
the Power Authority, shall not be part of the rate schedule, but a copy of each
effective statement will be kept available with each rate schedule to which it
applies. The first such statement of each municipality or cooperative shall be
filed with the Power Authority and become effective on a date specified by the
authority. Thereafter, each such statement must be filed with the Power
Authority not less than three days prior to the date on which it is proposed to
be effective.
(b) When municipalities and cooperatives elect to file statements in accordance
with this section, such statements must contain:
(1) identification of the schedules and service classifications to which they
apply;
(2) the present purchased power cost per KWh and its derivation;
(3) the base purchased power cost per KWh and its derivation;
(4) the difference per KWh between the present purchased power cost per KWh and
the base purchased power cost per KWh;
(5) the factor of adjustment for distribution system efficiency;
(6) the purchased power adjustment per KWh (exclusive of any surcharge/credit
per KWh) determined by applying the factor of adjustment for distribution
system efficiency to the difference between the base purchased power cost per
KWh and the present purchased power cost per KWh;
(7) the surcharge/credit per KWh and its derivation, if utilized;
(8) the purchased power adjustment per KWh (inclusive of the surcharge/credit
per KWh if utilized);
(9) the effective date of the increase or decrease in rates.
(c) In connection with statements filed pursuant to this section:
(1) The term purchased power cost is defined as the total cost of power
including transmission and wheeling charges at the point of delivery to the
municipal or cooperative system of electricity purchased from the Power
Authority for resale.
(2) The base purchased power cost per KWh is determined by calculating the
average cost per KWh of purchased power by applying the authority's wholesale,
transmission and wheeling rates to billing quantities for a 12-month period to
be determined by the authority and dividing the total cost, so calculated, by
KWh delivered during the period. Wholesale, transmission and wheeling rates to
be used in the calculation are those which a specific customer has reflected in
its base retail rates.
(3) The present purchased power cost per KWh is determined by calculating the
average cost per KWh of purchased power by applying the authority's current
wholesale, transmission and wheeling rates to billing quantities in the current
billing period.
(4) The factor of adjustment for distribution system efficiency is determined
by dividing the number of kilowatt hours purchased at the point of delivery
during the recently completed fiscal year by the number of kilowatt hour sales
to all customers under all service classifications during the same fiscal year.
(5) The surcharge/credit per KWh is determined by dividing the surcharge or
credit as hereinafter described by KWh delivered during the period and
adjusting for distribution system efficiency. The surcharge shall be an amount
approved by the Power Authority, as a function of an individual municipality's
or cooperative's James A. FitzPatrick nuclear power allocation and the
applicable demand charge which, at the option of the municipality or
cooperative, may be applied during its peak consumption season. The surcharge
shall be offset by a "credit" applied during the system's off-peak
consumption season, the amount of which shall be determined monthly by dividing
the then outstanding balance of the collected surcharge by the number of months
remaining in the off-peak season. For purposes of this definition, the term
season shall mean the authority's six-month billing period October through
March or April through September.
CHAPTER X. POWER
AUTHORITY OF THE STATE OF
PART 453.
PUBLIC RECORDS
453.1
Public
records
453.2
Procedures
§
453.1 Public records
(a) The public records of the Power Authority of the State of
New York, which are required to be made available under article 6 of the New
York Public Officers Law, shall be available for inspection and copying upon
written request, reasonably describing the record or records sought, during the
times provided in this Part at the authority's office at 123 Main Street, 15th
Floor, White Plains, NY 10601.
§
453.2 Procedures
(a) A request for inspection or copying of a public record of
the authority shall be made to the secretary of the authority in writing, and
shall contain sufficient
(1) in person during regular business hours at the authority's office at
(2) by mailing such request, postage prepaid, to the Secretary, Power Authority
of the State of
(b) (1) Upon receipt of a written request for a record reasonably described,
the secretary shall promptly determine whether or not the record requested is
required to be made available under the provisions of article 6 of the New York
Public Officers Law and will, within five business days of the receipt of such
request, either:
(i) make such record available to the person requesting it by notifying such
person where and when the record may be inspected and copied;
(ii) deny such request in writing; or
(iii) furnish a written acknowledgment of the receipt of such request and a
statement of the approximate date when such request will be granted or denied,
including, where appropriate, a statement that access to the record will be
determined in accordance with the procedure prescribed in section 89(5) of the New York Public Officers Law regarding
trade secrets.
(2) If access to records is neither granted nor denied within 10 business days
after the date of acknowledgment of receipt of request, the request may be
construed as a denial of access that may be appealed.
(c) Trade secrets. (1) Records or portions of records constituting trade
secrets shall be so designated by the authority and shall be filed or
maintained in secure facilities of the authority to which access is limited.
Records or portions of records constituting trade secrets shall be made
available for inspection and study to the trustees, the president, counsel, the
officers and department heads of the authority and their designees.
(2) A person acting pursuant to law or regulation who, on or after January 1,
1982, submits any record to the authority may, at the time of submission,
request that the authority, in accordance with the provisions of section 89(5)
of the New York Public Officers Law , designate such record or any portion
thereof as a trade secret and except such
(d) (1) Records required to be made available for public inspection will be
photocopied by the authority if practicable and the person requesting a copy
will be charged a fee of $ .25 per page for copies not exceeding 9 x 14 inches,
or the actual cost of reproducing such records if larger copies are required.
If it is not practicable for the authority to photocopy any such record, it
will be copied commercially and the person requesting the copy will be charged
a fee equal to the cost of such commercial reproduction.
(2) Upon payment of, or offer to pay, the fee determined by the authority for
copying a record required to be made available for public inspection, the
authority will provide a copy of such record and the secretary will certify to
the correctness of such copy if so requested in writing, or, as the case may
be, shall certify that the authority does not have possession of such record or
that such record cannot be found after diligent search.
(3) Any fee charged by the authority pursuant to this Part shall be paid by the
person making the request in cash, certified check or bank cashier's check, in
advance of the delivery of copies of any record referred to in this Part.
(e) Any person who is denied access to a public record of the authority by the
secretary of the authority may, within 30 days of such denial, file an appeal from
such denial with the authority's general counsel. Appeals pursuant to this
subdivision shall be decided by the general counsel. If an appeal is denied,
the reasons therefor shall be explained fully in writing to the person
requesting the record within 10 business days of the date on which such appeal
is received by the general counsel. The general counsel will forward to the
Committee on Open Government a copy of such appeal and the determination
thereon.
CHAPTER X. POWER
AUTHORITY OF THE STATE OF
PART 454.
POWER SERVICE
454.1
Definitions
454.2
454.3
Liability,
limitations and conditions of service
454.4
Metering
454.5
Cooperation
of contracting parties
454.6
454.7
Cancellation
for violation by customer
454.8
Waivers
454.9
Notices
454.10
Transfer of interest in contract by customer
454.11
Resale of electric power and energy
454.12
Modification or merger of rates
§
454.1 Definitions
The following definitions shall apply for all the purposes of
this Part and of the service tariff and applications for electric service
pertaining thereto:
(a) Authority is Power Authority of the State of
(b) Customer is an individual, firm, partnership, corporation, association,
rural electric cooperative corporation, municipality, or governmental body
receiving electric service from authority.
(c) Electric service is availability of any type of power and energy for
customer in accordance with this Part, accepted applications for electric
service, applicable service tariffs and other contract documents.
(d) Application for electric service is a written request for the furnishing of
electric service to customers by authority on a form prescribed by authority.
(e) Service tariff is a schedule establishing rates and other conditions for
sale of electric service.
(f) Firm power and energy are power and associated energy which are intended to
be available at all times except for limitations provided in this Part, in a
service tariff, in an accepted application for electric service, or other
contract documents.
(g) Peaking power and energy are firm power and energy intended for use
primarily in customer's peak load periods and limited as to the energy to be
supplied.
(h) Firm storage power and energy are power and associated energy produced with
water stored in an authority pumped-storage facility or power and energy
supplied in lieu thereof, to be available as provided in a service tariff, or
other contract documents.
(i) Nonfirm storage power and energy are power and associated energy produced
with water stored in an authority pumped-storage facility of intermittent or
temporary availability the supply of which will be limited as provided in a
service tariff or in other contract documents.
(j) Pumping power and energy are power and associated energy supplied by customer
or by authority for use in pumping water into an authority pumped-storage
facility.
(k) Interruptible hydro power and energy are power and associated energy from
authority's St. Lawrence or
(l) Replacement power is
(m) Expansion power is firm power supplied from the
(n) Priority customers are (1) exempt persons as defined in 26 U.S.C. 103(c)(3),
and (2) entities entitled to preference under 16 U.S.C. 836 (b)(1). High load
factor manufacturers as defined in subdivision (o) of this section are priority
customers to the extent provided in sections 1001 and 1005 of the Power
Authority Act as amended (title 1, article 5 of the Public Authorities Law).
(o) High load factor manufacturer is an industrial establishment which normally
utilizes a minimum electric demand of 5,000 kilowatts and which will normally
utilize energy at the rate of approximately 540 kilowatt-hours per month for
each kilowatt of demand and of which the cost of electricity normally
represents at least 7 1/2 percent of its total product value.
(p) Billing period shall be the calendar month except as otherwise specified in
a service tariff or other contract document.
(q) Contract demand is the maximum amount of power which authority is obligated
to supply under an accepted application for electric service or service tariff
or other contract document.
(r) System capability is capacity available to authority from its own
generating sources and from firm power purchases from others.
(s) Unsupported firm power and energy are power and associated energy normally
supplied only to customers operating electric utility distribution systems, the
customer to be responsible for providing substitute power and energy in the
event of interruptions or reduction in authority supply.
(t) Withdrawable power and energy are power and associated energy not currently
required for service to priority customers and subject to withdrawal for such
service.
(u) Supporting energy is energy purchased by authority for use when it is
unable to meet contractual commitments because of lack of availability of
necessary power and energy from its system capability.
(v) Reserve power is that part of the authority's system capability which is
reserved from sale for the purpose of assuring authority's ability to meet its
contractual commitments for firm power and energy in conjunction with
interconnected utility systems as contemplated by 26 U.S.C. 103(c)(3).
(w) Reserve energy is energy associated with reserve power and normally sold on
an immediately withdrawable basis to utilities which contract to provide supporting
energy to authority.
(x) Residual power and energy are power and associated energy available on a
temporary basis from authority generating sources or purchases in excess of
authority requirements.
§
454.2
(a) Applications for authority power. Applications for
authority power pursuant to an appropriate service tariff or other contract
document will be entertained by authority at any time, and insofar as they meet
the qualifications established for the class of power to be marketed, will be
considered individually as received, provided that authority may consider two
or more applications at one time without reference to order of application.
(b) Process and approval of applications. Applications are subject to public hearings
and other procedural requirements pursuant to section 1009 of the Public
Authorities Law, as amended from time to time.
(c) Power in excess of contractual requirements. Power and energy in excess of
authority's contractual requirements and not needed for any other authority
purposes will be made available to authority customers from time to time under
the provisions of applicable service tariffs or other contract documents.
§ 454.3 Liability, limitations and conditions of service
(a) Authority will endeavor at all times to provide a regular
and uninterrupted supply of service, or such other character of service as
specified in the application for electric service, the applicable service
tariff, or other contract documents, but in case the supply of service shall be
interrupted, or irregular or defective or fail from interruptions or reductions
as such terms are described in subdivisions (b) and (c) of this section, or
through ordinary negligence of employees, servants or agents, authority will
not be liable therefor.
(b) Continuity of electric service to be furnished. (1) The electric service,
except as otherwise specified in the application for electric service, the
applicable service tariff or other contract documents will be furnished continuously
except:
(i) for interruptions or reductions due to uncontrollable forces, as defined in
this section;
(ii) for temporary interruptions or reductions which, in the opinion of the
authority, are required for power system protection or for providing temporary
emergency assistance to interconnecting systems; and
(iii) for temporary interruptions or reductions, which, in the opinion of
authority, are necessary or desirable for the purpose of maintenance, repairs,
replacements, installation of equipment, or investigation and inspection.
Authority, except in case of emergency as determined by it, will give the
customer reasonable advance notice of such temporary interruptions or
reductions and will exercise due diligence to remove the cause thereof.
(2) The authority operates its generating and transmission facilities as a
system and to the extent it determines feasible will utilize power and energy
produced at any of its generating plants or purchased from others to satisfy
its obligations to any of its customers. This provision shall not be construed
to require the authority to utilize such power and energy referred to in the
preceding sentence to avoid interruptions of service of the types referred to
in paragraph (1) of this subdivision unless the customer agrees to pay the
difference between the rate charged for the power and energy interrupted and
the rate charged by authority for the charges incurred by authority, including
any transmission.
(c) Uncontrollable forces. Neither customer nor authority shall be considered
to be in default in respect to any obligation under any accepted application
for electric service, service tariff, or other contract document, if prevented
from fulfilling such obligation by reason of uncontrollable forces, the term being
deemed to mean any cause beyond the control of the party affected, including
but not limited to failure of facilities, flood, earthquake, storm, lightning,
fire, epidemic, war, riot, civil disturbance, strike and sabotage or restraint
by court or public authority, which by exercise of due diligence and foresight
such party could not reasonably have been expected to avoid. The party rendered
unable to fulfill any obligation by reason of uncontrollable forces shall
exercise due diligence to remove such inability with all reasonable dispatch.
(d) Service beyond authority obligation. Customer may from time to time, in the
absence of objection by authority, take power under any service tariff or other
contract document at rates of power delivery greater than the contract demand
in effect for such service or take energy in amounts greater than the amounts
which authority is obligated to supply, but such greater takings shall not be
deemed to establish in customer any right thereto and customer shall cease such
greater takings whenever and for the periods of time requested by authority.
(e) Transmission by authority over the facilities of others. Where authority
transmits power and energy to customer over the facilities of others, the
obligation of authority to furnish the power and energy shall be subject to and
contingent on the existence of an arrangement granting authority the right to
use such facilities. The power and energy will be provided at the voltage
available and under the conditions which exist from time to time on the system
or systems over whose facilities the power and energy are transmitted. The
points on the customer's system to which the power and energy are to be
transmitted shall be agreed upon by customer and authority. Authority will endeavor
to
(f) Delivery and service over the facilities of others. Where delivery of power
and energy (as distinguished from transmission) is carried out through the
systems of others, the utility which makes delivery will receive the power and
energy from the authority at connecting points agreed upon by authority and the
utility. The utility will use its system to make delivery in the same manner it
uses such system to make delivery to its own customers. It will also provide
service in connection with such delivery as mutually agreed upon by the utility
and the authority. The obligation of authority to furnish power and energy
shall be subject to and contingent on the existence of an arrangement between
authority and the utility. The power and energy will be provided to customer at
the voltage available and under the conditions which exist from time to time on
the system from whose facilities the power and energy are delivered. Authority
will endeavor to
(g) Applicable laws, licenses and directives. All applicable provisions of
licenses, permits, approvals or orders issued to the authority by any State or
Federal agency and all applicable provisions of Federal and State statutes,
including Federal Power Act, Atomic Energy Act, National Environmental Policy
Act, Federal Water Pollution Control Act and Power Authority Act of the State
of New York (title 1 of article 5 of the Public Authorities Law, chapter 772 of
the Laws of 1931), all as amended shall be deemed to be incorporated in and
made a part of this Part.
§
454.4 Metering
(a) Transmission metering. Unless otherwise specified in the
applicable service tariff or other contract documents, the total electric power
and energy delivered to customer will be measured alone or in conjunction with
deliveries to others by metering equipment to be furnished and maintained by
authority. The meter or meters shall be sealed and the seals shall be broken
only upon occasions when the meters are to be inspected, tested or adjusted,
and representatives of customer shall be afforded reasonable opportunity to be
present upon such occasions. The meter or meters shall be tested at least once
each year by authority and at any reasonable time upon request therefor by
either authority or customer. Any metering equipment found to be defective or
inaccurate shall be repaired and readjusted or replaced. Should any meter fail
to register, the electric power and energy delivered during the period of
failure to register shall, for billing purposes, be estimated by authority from
the best
(b) Delivery and service metering. (1) Where delivery and service (as
distinguished from transmission) are carried out through the systems of others
and by the personnel of others, the total electric power and energy, including
reactive power and energy where authority deems appropriate, transmitted or
delivered to a customer (as distinguished from transmitted over the facilities
of others) will be measured by metering equipment and measuring devices to be
furnished and maintained by either authority or the utility providing delivery
and service. Seals on meters, meter equipment and associated equipment shall be
broken only upon occasions when the meters and measuring devices are to be
inspected, tested, or adjusted. No person, except a duly authorized and identified
representative of authority or the utility providing delivery and service,
shall be permitted to break or replace a seal or to alter or change a meter of
its connections or location, except when wiring changes are being made by
customer following receipt of appropriate specifications of authority or the
utility providing delivery and service as to service supply. In such case, a
qualified electrician may break the meter seal and remove and remount a meter
when authorized to do so by authority and/or by the utility providing delivery
and service, whichever seals such meter. Meters owned by the authority or the
utility providing delivery and service shall be tested by authority or such
utility providing delivery and service as mutually determined by them.
(2) Should any meter fail to register for any period of time, or if the actual
power and energy usage cannot be measured because of inability to read a meter
or other measuring device, the electric power and energy delivered during such
period shall, for billing purposes, be estimated by authority from the best
(3) Except as provided in this section, customer shall not permit access by
anyone, except authorized representatives of authority or the utility providing
delivery and service, to the meter equipment or any other property of authority
or the utility providing delivery and service, and shall not interfere or
permit interference with such equipment. Customer shall be responsible for
their safekeeping on his premises. Duly authorized representatives of authority
and the utility providing delivery and service shall have the right to access
to the premises of customer and to all appropriate property of authority or the
utility providing delivery and service to all reasonable times for the purpose
of reading and testing meters, inspecting equipment used in connection with its
service, repairing, readjusting, or replacing defective or inaccurate meters,
metering the demand, ascertaining and counting the connected load of customer's
installation, removing its property, or any other purpose.
(c) Meters errors. If any of the meter tests provided for in this section
discloses that the error of any meter or meters exceeds two percent correction
based upon the inaccuracy found shall be made of the records of electric
service furnished since the beginning of the monthly billing period immediately
preceding the billing period during which the test was made; provided, that no
correction shall be made for a longer period than such inaccuracy may be
determined by authority to have existed. Any correction in billing resulting
from such correction in meter records shall be made in the next monthly bill
rendered by authority to customer, and such correction when made shall
constitute full adjustment of any claim between customer and authority arising
out of such inaccuracy of meters.
§
454.5 Cooperation of contracting parties
(a) Mutual assistance. If, in the maintenance of their
respective power systems and/or electrical equipment and the utilization
thereof for the purposes of the service provided by authority, it becomes
necessary by reason of any emergency or extraordinary condition for either
authority or customer to request the other to furnish personnel, materials,
tools, and equipment for the accomplishment thereof, the party so requested
shall cooperate with the other and render such assistance as the party so
requested may determine to be available. The party making such request, upon
receipt of properly itemized bills from the other party, shall reimburse the
party rendering such assistance for all costs properly and reasonably incurred
by it in such performance, together with an amount not to exceed 10 percent of
such costs for administration and general expenses, such costs to be determined
on the basis of current charges or rates used in its own operations by the
party rendering assistance. Nothing in this subdivision shall be construed to
require the furnishing of personnel in the case of a strike, lockout or other
labor dispute.
(b) License to the customer. Authority by acceptance of an application for
electric service or as provided in other contract documents will grant customer
a license to construct, install, operate, maintain, replace or repair, either
or all, upon property of authority at locations designated by authority under
the administrative control and jurisdiction of authority such facilities as in
the opinion of authority are necessary or desirable for the purposes of the
service authority is to provide customer. Such license shall remain in effect
during the term of service and shall expire coincidentally therewith. Any
facilities so installed by customer pursuant to this subdivision shall be and
remain the property of customer notwithstanding that the same may have been
affixed to the premises. Unless otherwise specified in the application for
electric service, the applicable service tariff, or other contract documents,
if upon expiration of the license authority desires to acquire such facilities,
it may do so at a price equal to the original cost less depreciation provided
it gives written notice within 20 days of its intention to so acquire such
property. If the authority does not acquire such facilities customer shall have
a reasonable time after the expiration of such license or licenses in which to
remove its facilities so installed.
(c) License to the authority. Customer upon authority's acceptance of
customer's application for electric service or as provided in other contract documents
will grant to authority a license to construct, install, operate, maintain,
replace or repair, either or all, upon the property of customer such facilities
as in the opinion of authority or the utility providing delivery and service
are necessary or desirable for the service authority is to provide customer.
The license or licenses shall be and remain in effect during the term of
service, and shall expire coincidentally therewith. Any facilities so installed
by authority pursuant to such license or licenses shall be and remain the
property of authority, notwithstanding that the same may have been affixed to
the premises. Unless otherwise specified in the application for electric
service, the applicable service tariff, or other contract documents, if upon
expiration of the license customer desires to acquire such facilities, it may
do so at a price equal to the original cost less depreciation provided it gives
written notice within 20 days of its intention to so acquire such property. If
the customer does not acquire such facilities authority shall have a reasonable
time after the expiration of such license in which to remove its facilities so
installed.
§
454.6
(a)
(b) Nonpayment of bills. Except as otherwise provided in the accepted
application for electric service the applicable service tariff or other
contract documents if customer fails to pay any bill when due an interest
charge of two percent of the amount unpaid shall be added thereto as liquidated
damages, and thereafter, as further liquidated damages, an additional interest
charge of one and one-half percent of the sum unpaid shall be added on the
first day of each succeeding billing period until the amount due, including
interest, is paid in full. Authority shall have the right upon not less than 15
days' advance written notice to discontinue furnishing electric service to
customer for nonpayment of bills and to refuse to resume same so long as any
part of the amount due remains unpaid. In the case of contracts with electric
corporations entered into on or after May 1, 1974, failure to make prompt and
timely payments of all bills rendered by authority for electric service shall
be grounds for immediate termination pursuant to §1005(e) of the Public
Authorities Law. Such discontinuance of electric service will not relieve
customer of liability for any minimum charge during the time electric service
is so discontinued. The rights given in this subdivision to authority shall be
in addition to all other remedies available to authority, either at law or in
equity, for the breach of any of the provisions of this subdivision.
(c) Adjustment for fractional billing period. For a fractional part of a
billing period at the beginning or end of service, and for fractional periods
due to withdrawals or other changes in the agreed upon amount of service the
demand or capacity charge and the portion of the minimum charge based on demand
or capacity or minimum amount of energy to be billed shall each be
proportionately adjusted in the ratio that the number of hours that electric
service is furnished to customer in such fractional billing period bears to the
total number of hours in the billing period involved.
(d) Adjustments for curtailment (interruptions or reductions) of service. (1)
Unless otherwise specified in the applicable service tariff or application for
electric service or other contract documents, if for the reasons specified in
subdivisions (a) and (b) of section 454.3 of this Part conditions on the power
system of authority (which system, for purpose of adjustments hereunder, shall
include transmission and delivery facilities, if any, utilized but not owned by
authority) require the delivery of electric service to be interrupted or
reduced below the contract demand or other maximum rate of delivery in effect
for the affected type of service, or below the rate of delivery required by
customer at the time of such reduction, whichever is the lesser, for a period
or periods of one hour or longer in duration, each customer shall receive a
credit against the capacity charge and the minimum charge for the billing
period representing a fraction of the total capacity charge and of the minimum
charge determined by the ratio of (i) the sum of the hours in which the rate of
delivery was reduced to zero plus the total of the fractional hours of
partially reduced service (the fraction for each hour being the ratio of the
reduction in rate of delivery below that scheduled by customer to customer's
contract demand) to (ii) the number of hours in the billing period.
(2) Customer shall be limited in its remedy for such interruptions or
reductions to the relief granted by this subdivision.
§
454.7 Cancellation for violation by customer
Authority may cancel and terminate service under any service
tariff upon violation of the terms of service as set forth in this Part, in the
service tariff, in the accepted application for electric service, or in other
contract documents, provided, that authority shall not exercise its option to
cancel unless written notice and statement of any violation shall have been
given customer and customer afforded a period of at least 60 days in which to
cure such violation.
§ 454.8 Waivers
Any waiver at any time by either customer or authority of its
rights with respect to a default or any other matter arising in connection with
service to customer shall not be deemed to be a waiver with respect to any subsequent
default or matter.
§ 454.9 Notices
Except where otherwise specifically provided, any notice,
demand or request required or authorized by this Part, by the applicable
service tariff or by the accepted application for electric service shall be
deemed properly given if mailed by certified mail, postage prepaid to office of
secretary of authority at the address of authority, and to the official signing
for customer at the address of customer shown on the application for electric
service or other contract document unless another person has been designated to
receive such notice, demand or request. The designation of the person to be
notified or the address of such person may be changed at any time by similar
notice.
§ 454.10 Transfer of interest in contract by customer
No voluntary transfer of service by customer or of the rights
of customer under its accepted application for electric service or other
contract document shall be made without the written approval of authority,
provided, that any successor to or assignee of the rights of the customer,
whether by voluntary transfer, judicial sale, foreclosure sale, or otherwise,
shall be subject to all the provisions and conditions of this Part, the
applicable service tariff or other contractual arrangements between customer
and authority to the same extent as though such successor or assignee were the
original customer, and provided further, that the execution of a mortgage or
trust deed, or judicial or foreclosure sales made thereunder, shall not be
deemed voluntary transfer within the meaning of this section.
§ 454.11 Resale of electric power and energy
Unless otherwise provided in the applicable service tariff,
or other contract documents, customer shall not sell any of the electric power
and energy delivered to it under this Part, except to such purchaser(s) and
upon such terms and at such rates as the authority shall approve.
§ 454.12 Modification or merger of rates
The rates provided for in each service tariff or other
contract documents shall be subject to modification from time to time by the
authority pursuant to the provisions of the Power Authority Act or any other
applicable statutes. The authority may merge rates for power and energy made
available from some or all of its facilities.
CHAPTER X. POWER AUTHORITY OF THE STATE
OF
PART 455.
ADMINISTRATIVE PROCEDURES
455.1
Notice
of proposed action
455.2
Notice
of adoption
§ 455.1 Notice of proposed action
(a) Except as provided in subdivision (d) of this section,
whenever the authority proposes to undertake any of the following actions,
notice shall be given as provided in subdivisions (b) and (c) of this section:
(1) amendment of any rate schedule or tariff for the sale of power and/or
energy;
(2) approval of the rates and general conditions of service pursuant to which
power and/or energy are sold by any municipal or cooperative customer of the
authority; and
(3) adoption, amendment, suspension or repeal of any rule or regulation of the
authority, other than those relating to internal management, which do not
directly and significantly affect the rights of, or procedures or practices
available to, the public.
(b) At least 45 days prior to the adoption of any action included in
subdivision (a) of this section, or prior to any hearing thereon, the secretary
shall:
(1) caused to have published notice of the proposed action or hearing in the
State Register in accordance with subdivision (c) of this section and, when
appropriate in the judgment of the authority, publish notice of the proposed
action in such newspaper or newspapers of general circulation as the authority
may select;
(2) provide notification to any person or agency which has filed a written
request, such request to be renewed yearly in December, for notice of proposed
action or hearing which may affect that person or agency, by mail to the last
address specified by the person or agency; and
(3) make available to the public a copy of the complete text of the proposed
action, of the regulatory impact statement, and where applicable, the
regulatory flexibility analysis.
(c) Notice to be published in the State Register shall:
(1) cite the statutory authority under which the authority proposes to take
action;
(2) give the date, time and place of any public hearing and state whether such
place is reasonably accessible to persons with a mobility impairment;
(3) include a statement that interpreter services shall be made available to
deaf persons, at no charge, upon written request;
(4) either state the express terms of the proposed action, or describe the
subject, purpose and substance of the proposed action;
(5) include a regulatory impact statement, and where applicable, a regulatory
flexibility analysis or a summary thereof;
(6) give the name, public office address and telephone number of the secretary
from whom the express terms of the proposed action and
(7) include any additional matter required by statute.
(d) Subdivisions (b) and (c) of this section shall not apply to any action
taken in conformance with subdivision 7 of section 1010 of the Power Authority
Act.
(e) If the authority finds that immediate adoption of an action is necessary
for the preservation of the public health, safety or general welfare, it may
adopt the action on an emergency basis. As soon as practicable thereafter, the
secretary shall file with the Secretary of State notice of emergency adoption
which shall state whether such notice also constitutes notice of proposed
action and which includes all of the matters required by the statute. Not more
than 60 days after such filing, the authority may either reconsider the action
in accordance with subdivisions (b) and (c) of this section and file notice of
adoption in accordance with section 455.2 of this Part or readopt such action
on an emergency basis.
§ 455.2 Notice of adoption
Upon completion of any action listed in subdivision (a) of
section 455.1 of this Part, the secretary shall file a copy of such action with
the Secretary of State, together with an appropriate certificate, and submit a
notice of adoption to be published in the State Register. The secretary shall
at the same time transmit a copy of the notice of adoption, including the
complete text of the action to the Governor, the Temporary President of the
Senate, the Speaker of the Assembly, the Administrative Regulations Review
Commission, and the Office of Business Permits and Regulatory Assistance. Such
notice shall:
(a) cite the statutory authority under which the action was taken;
(b) state the express terms or describe the subject, purpose and substance of
such action;
(c) state whether there have been any substantive changes reflected by the
final action in comparison with the proposed action and identify such changes;
(d) give the anticipated effective date of the action;
(e) include an assessment of public comment;
(f) give the name, public office address and telephone number of the secretary
from whom the express terms of the final action and any revised regulatory
impact statement or regulatory flexibility analysis may be obtained; and
(g) include any additional matter required by statute.
CHAPTER X. POWER
AUTHORITY OF THE STATE OF
PART 456.
DECLARATORY RULINGS
456.1
Declaratory
rulings
456.2
Procedures