New York S 9976: Relates to settlement discussions before the public service commission

Bill Text

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S09976 Summary:

BILL NOS09976 

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SAME ASNo Same As

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SPONSORCOMRIE

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COSPNSR

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MLTSPNSR

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Amd §§66 & 89-c, Pub Serv L

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Allows settlement discussions before the public service commission to be determined publicly.

Go to top S09976 Actions:

BILL NOS09976 

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04/20/2026REFERRED TO ENERGY AND TELECOMMUNICATIONS

Go to topS09976 Committee&nbspVotes:

Go to topS09976 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS09976 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9976

 IN SENATE

 April 20, 2026
 ___________

 Introduced by Sen. COMRIE -- read twice and ordered printed, and when
 printed to be committed to the Committee on Energy and Telecommuni-
 cations

 AN ACT to amend the public service law, in relation to allowing issues
 before the public service commission to be determined publicly rather
 than through settlement discussions not open to the public

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 66 of the public service law is amended by adding a
 2 new subdivision 33 to read as follows:
 3 33. (a) In any rate proceeding, any party may seek to sever from
 4 consideration in the settlement process or inclusion in any joint
 5 proposal any substantive issue that it discussed in its direct testimony
 6 through a motion to the presiding administrative law judge that is filed
 7 no later than ten days after the last permitted date for the filing of
 8 reply testimony by parties. Such motion shall indicate the substantive
 9 issue or issues for which the moving party seeks severance and the
 10 related page numbers in the moving party's testimony. Parties may file
 11 responsive motions within ten days supporting or challenging the moving
 12 party's assertion that it developed the identified substantive issue or
 13 issues in its direct testimony. The presiding administrative law judge
 14 shall issue a written ruling within fifteen days after the filing of
 15 responses that provides the reasons for concluding that the moving party
 16 did or did not provide a substantive issue or substantive issues in its
 17 testimony. The moving party may appeal the administrative law judge's
 18 decision to the commission through a request for interlocutory review
 19 pursuant to the department's rules.
 20 (b) Upon the granting of the motion by the administrative law judge,
 21 or of the request for interlocutory review by the commission, the iden-
 22 tified substantive issue or issues may be discussed in settlement nego-
 23 tiations during the first sixty days after the formal commencement of
 24 settlement negotiations. After sixty days have elapsed, disposition of
 25 the substantive issues or issues shall be subject to the litigation
 26 process only unless the moving party advises the parties, administrative

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15110-01-6

 S. 9976 2

 1 law judge, and commission in writing that it waives its right to sever
 2 the identified substantive issue or issues from the settlement process
 3 and agrees to allow discussion of such issues in settlement negotiations
 4 and potential inclusion in a joint proposal. Waiving the right to sever
 5 does not preclude the moving party from objecting to any provision
 6 included in a filed joint proposal.
 7 (c) As used in this subdivision, the following terms shall have the
 8 following meanings:
 9 (i) "Joint proposal" shall mean a negotiated settlement agreement
 10 signed by two or more parties in a rate proceeding.
 11 (ii) "Interlocutory review" shall mean a motion to the commission
 12 requesting review of a ruling by an administrative law judge.
 13 (iii) The "moving party" shall mean the party who seeks severance of
 14 an issue or issues under this subdivision.
 15 (iv) "Party" shall mean any party to a commission rate proceeding
 16 other than the department or the utility.
 17 (v) "Settlement process" shall mean a set of formal negotiations of
 18 the parties organized by the department that is intended to resolve all
 19 or some of the issues in any rate proceeding and lead to a joint
 20 proposa