New York A 11468: Relates to the review of joint proposals in rate proceedings

Bill Text

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A11468 Summary:

BILL NOA11468 

&nbsp

SAME ASSAME AS S09966

&nbsp

SPONSORRules (Braunstein)

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §§66, 80 & 89-c, Pub Serv L

&nbsp

Requires both the department of public service staff and the utility to provide separate, substantive responses to discovery requests and cross-examination questions seeking evidence or explanations related to elements of the joint proposal and explain how any contested aspect of the joint proposal delivers outcomes for utility consumers that are in compliance with all applicable laws and are at least as favorable as would have resulted had its testimonial position been approved by the public service commission.

Go to top A11468 Actions:

BILL NOA11468 

&nbsp

05/20/2026referred to corporations, authorities and commissions

Go to topA11468 Committee&nbspVotes:

Go to topA11468 Floor&nbspVotes:

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

Go to topA11468 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 11468

 IN ASSEMBLY

 May 20, 2026
 ___________

 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Braunstein)
 -- read once and referred to the Committee on Corporations, Authori-
 ties and Commissions

 AN ACT to amend the public service law, in relation to the standard
 applicable to review of joint proposals in rate proceedings submitted
 to the public service commission for approval

 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) Notwithstanding the department's rules and regulations
 4 concerning confidentiality of settlement discussions in rate case
 5 proceedings, both department staff and the utility shall provide sepa-
 6 rate, substantive responses to discovery requests and cross-examination
 7 questions seeking evidence or explanations related to elements of the
 8 joint proposal. This requirement includes inquiries comparing written
 9 testimonies of department staff and the utility to the joint proposal
 10 and requesting evidence and a rationale that demonstrates that an iden-
 11 tified aspect of the joint proposal is in compliance with all applicable
 12 laws and offers benefits to utility consumers equal to or greater than
 13 those provided by its testimonial positions. Department staff and the
 14 utility shall, in their respective filings in regard to the joint
 15 proposal, explain how any contested aspect of the joint proposal deliv-
 16 ers outcomes for utility consumers that are in compliance with all
 17 applicable laws and are at least as favorable as would have resulted had
 18 its testimonial position been approved by the commission.
 19 (b) Notwithstanding the commission's order on procedural guidelines
 20 for settlements issued in nineteen hundred ninety-two in case 90-M-0255,
 21 the commission shall ensure in its order approving or modifying a joint
 22 proposal that each individual element of the joint proposal adopted in
 23 its rate plan order is by clear and convincing evidence in the record,
 24 including parties' written and oral testimony and exhibits, the best
 25 outcome for utility consumers and is in compliance with all applicable
 26 laws.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15466-01-6

 A. 11468 2

 1 (c) As used in this subdivision, the following terms shall have the
 2 following meanings:
 3 (i) "Settlement discussions" shall mean a set of formal negotiations
 4 of the parties organized by the department that is intended to resolve
 5 all or some of the issues in any rate proceeding and lead to the filing
 6 of a joint proposal for commission approval.
 7 (ii) "Joint proposal" shall mean a negotiated settlement agreement
 8 signed by two or more parties in a rate proceeding.
 9 § 2. Section 80 of the public service law is amended by adding a new
 10 subdivision 13 to read as follows:
 11 13. (a) Notwithstanding the department's rules and regulations
 12 concerning confidentiality of settlement discussions in rate case
 13 proceedings, both department staff and the utility shall provide sepa-
 14 rate,