N.Y. Comp. Codes R. & Regs. tit. 21 § 455.1

Current through Register Vol. 46, No. 50, December 11, 2024

Section 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 information about any public hearing may be obtained and to whom written data, views and arguments may be submitted; 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.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 455.1