SUMMARY OF CONSENT AGENDA ITEMS August 20, 2008

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SUMMARY OF CONSENT AGENDA ITEMS August 20, 2008 Powered By Docstoc
					                      SUMMARY OF CONSENT AGENDA ITEMS

                                    August 20, 2008


The following is a preliminary and informal summary of actions the Commission took at
its public session on August 20, 2008. This summary does not itself constitute final
Commission action, and does not waive any privilege or exemption from disclosure for
deliberative or other intra-agency materials. Final Commission action will take the form
of an order.


                                          GAS


ITEM 161
      08-M-0407 – NIAGARA MOHAWK POWER CORPORATON – The Commission
                  decided to approve a one-commissioner order issued July 14, 2008
                  providing for further review the proposed transfer of real property.

ITEM 162
      07-G-1243 – NORTHEAST GAS ASSOCIATION RESEARCH AND
                  DEVELOPMENT ARM, NYSEARCH – The Commission decided to
                  deny the request by the company to use the voluntary state funding
                  mechanism, Millennium Fund, for research into the effects of
                  varying natural gas compositions on installed appliances.

ITEM 163
      06-G-1185 & 06-G-1186 – THE BROOKLYN UNION GAS COMPANY D/B/A
                  KEYSPAN ENERGY DELIVERY NEW YORK and KEYSPAN GAS
                  EAST CORPORATION D/B/A KEYSPAN ENERGY DELIVERY
                  LONG ISLAND - The Commission decided to approve the
                  companies' tariff filings to revise the annual price cap calculation for
                  their Temperature Controlled and Interruptible Service customers.
                  The filings were made in compliance with a Commission Order
                  issued May 23, 2008.

ITEM 164
      08-G-0071 – THE BROOKLYN UNION GAS COMPANY D/B/A KEYSPAN
                  ENERGY DELIVERY NEW YORK – The Commission decided to
                  approve the transfer of the company’s property located at 809-873
                  Neptune Avenue Brooklyn, New York to Steel Arrow, LCC.

ITEM 165
      07-G-0962 – ARBORSCAPE, INC./CENTRAL HUDSON GAS & ELECTRIC
                  CORPORATION
      07-G-1475 – DAMON G. DOUGLAS COMPANY/KEYSPAN ENERGY OF LONG
                  ISLAND
      08-G-0790 – FERTILAWN INC./KEYSPAN ENERGY OF LONG ISLAND
CONSENT AGENDA REPORT –August 20, 2008                                                  2.


ITEM 165 (Cont’d)
     08-G-0791 – BROADWAY EXCAVATING CORP./KEYSPAN ENERGY OF
                  LONG ISLAND
     08-G-0794 – WELL BUILT DEVELOPMENT CORPORATION/KEYSPAN
                  ENERGY OF NEW YORK CITY
     08-G-0796 – SWIMCO POOL INC./NATIONAL FUEL GAS DISTRIBUTION
                  CORPORATION
     08-G-0799 – DOUG EMPIE EXCAVATING/NIAGARA MOHAWK POWER
                  CORPORATION

                    The Commission decided to grant consent orders lowering
                    proposed penalties from $1,000 to $500 and requiring training for
                    failure to provide notice of intent to excavate to the one-call
                    notification system.

      08-G-0782 – JOHN JAY CAPPA HOMES AND CONSTRUCTION
                  CORP./KEYSPAN ENERGY OF LONG ISLAND
      08-G-0783 – LARRY GRAZIOSE PLUMBING & HEATING, INC./KEYSPAN
                  ENERGY OF LONG ISLAND
      08-G-0784 – ADVANCED REMODELING OF LONG ISLAND, INC./KEYSPAN
                  ENERGY OF LONG ISLAND
      08-G-0785 – ESSWEIN ASSOCIATES, INC./KEYSPAN ENERGY OF LONG
                  ISLAND
      08-G-0786 – BUTLER CONTRACTING, INC./KEYSPAN ENERGY OF LONG
                  ISLAND
      08-G-0788 – OAKDALE LANDSCAPING/ KEYSPAN ENERGY OF LONG
                  ISLAND
      08-G-0789 – C & M CONSTRUCTION/KEYSPAN ENERGY OF LONG ISLAND

                    The Commission decided to determine penalties in the amount of
                    $1,000 for failure to provide notice of intent to excavate to the one-
                    call notification system.

      08-G-0802 – M C M CONTRACTING, INC./ORANGE AND ROCKLAND
                  UTILITIES, INC. – The Commission decided to grant a consent
                  order lowering a proposed penalty from $1,000 to $500 and
                  requiring training for failure to verify location of marked facilities by
                  means of hand-dug test hole.

ITEM 166
      06-G-1226 – CORNING NATURAL GAS CORPORATION - The Commission
                  decided to approve the company's petition for authority to defer
                  incremental uncollectible account expense during the fiscal year
                  ending September 30, 2006.
CONSENT AGENDA REPORT –August 20, 2008                                             3.


ITEM 167
      07-G-0064 – CORNING NATURAL GAS CORPORATION – The Commission
                  decided to deny the company's petition for authority to defer
                  interest expense on short-term debt and associated income tax
                  expense for the fiscal year ending September 30, 2006.

ITEM 168
      04-T-0112 – BESICORP-EMPIRE POWER COMPANY, LLC – The
                  Commission decided to approve the Environmental Management &
                  Construction Plans of the company’s pipeline in the Town of
                  Schodack, Rensselaer County.


                                      GENERAL

ITEM 261
      05-M-0445 – MS. VIRGINIA GOINS-HENRY/ROCHESTER GAS AND
                  ELECTRIC CORPORATION
      05-M-1273 – MS. ISABELLE LINDER/CONSOLIDATED EDISON COMPANY
                  OF NEW YORK, INC.
      07-C-0430 – WOMEN’S PRISON ASSOCIATION/BROADVIEW NETWORKS,
                  INC.
      08-E-0808 – DICKERSON AND ASSOCIATES/CONSOLIDATED EDISON
                  COMPANY OF NEW YORK, INC.

                    The Commission decided to uphold the informal hearing decisions.

      05-E-0981 – MR. WILLIAM SCHWAB and MS. DIANE SCHENA/NIAGARA
                  MOHAWK POWER CORPORATION – The Commission decided to
                  uphold the informal hearing decision, and to require the utility to
                  retrain and properly instruct employees in order to correct problems
                  noted with handling of line extension applications.

ITEM 262
      08-E-0887 & 08-G-0888 - CENTRAL HUDSON GAS AND ELECTRIC
                  CORPORATION – The Commission decided to suspend, through
                  December 27, 2008, the company's filing to increase its electric
                  and gas revenues. The revisions would produce an overall
                  increase of about $35.4 million or 16.3% in annual electric delivery
                  revenues and about $14.7 million or 28.2% in annual gas delivery
                  revenues.
CONSENT AGENDA REPORT –August 20, 2008                                            4.


                                       POWER

ITEM 361
      00-F-2057 – BESICORP-EMPIRE DEVELOPMENT COMPANY, LLC – The
                  Commission decided to approve a one-commissioner order issued
                  July 31, 2008 granting a Certificate of Environmental Compatibility
                  and Public Need to construct and operate a 505 megawatt
                  combined cycle cogeneration plant in the City of Rensselaer,
                  Rensselaer County.

ITEM 362
      00-F-2057 – BESICORP-EMPIRE DEVELOPMENT COMPANY, LLC – The
                  Commission decided to approve a one-commissioner order issued
                  July 23, 2008 granting a Certificate of Environmental Compatibility
                  and Public Need, to construct and operate a 505 megawatt
                  combined cycle cogeneration plant in the City of Rensselaer,
                  Rensselaer County.

ITEM 363
      00-F-2057 – BESICORP-EMPIRE DEVELOPMENT COMPANY, LLC – The
                  Commission decided to approve a one-commissioner order issued
                  July 30, 2008 granting a Certificate of Environmental Compatibility
                  and Public Need, to construct and operate a 505 megawatt
                  combined cycle cogeneration plant in the City of Rensselaer,
                  Rensselaer County.

ITEM 364
      01-T-1679 – LONG ISLAND POWER AUTHORITY – The Commission decided
                  to approve a one-commissioner order issued July 17, 2008 granting
                  a Certificate of Environmental Compatibility and Public Need,
                  regarding the replacement of the 138 kV Submarine Electric
                  Transmission line between Northport, New York and Norwalk,
                  Connecticut.
CONSENT AGENDA REPORT –August 20, 2008                                                5.


ITEM 365
      07-E-1428 – MR. BALJEET BEHARRY/MR. LAVERNE HYLTON and
                  CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. –

                     The Commission decided to modify the designee's decision.

       07-E-1508 – MR. ROBERT MANGRA/MR. DALE CARSON, JR. and
                   CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.
       08-E-0595 – MR. JESUS EMILIO GONZALEZ/MR. EZZIAL WILLIAMS and
                   CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.
       08-E-0709 – MR. ROBERT FERRI/MR. RAYMOND DONNELLY and
                   CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.

                     The Commission decided to uphold the designee's decision.

ITEM 366
      01-E-0377 – CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. and
                  FSM EAST RIVER ASSOCIATED LLC – The Commission decided
                  to approve, with modifications, the company's petition regarding the
                  proposed accounting and rate treatment for the proceeds from its
                  sale of four properties located on First Avenue in New York, New
                  York.

ITEM 367
      08-E-0396 – 2130 GEORGE INVESTORS LLC - The Commission decided to
                  approve a petition to submeter electricity at a new 46 unit
                  residential cooperative building at 2130-2138 Adam Clayton
                  Powell Jr. Blvd, New York, New York.

ITEM 368
      08-E-0395 – 194 ATLANTIC LLC – The Commission decided to approve a
                  petition to submeter electricity at a 32 unit residential rental building
                  at 194 Atlantic Avenue, Brooklyn, New York.

ITEM 369
      00-E-1918 – HERBERT E. HIRSCHFELD, P.E. on behalf of WEST VILLAGE
                  HOUSES – The Commission decided to approve a petition to
                  submeter electricity at West Village Houses, New York, New York.

ITEM 370
      08-E-0394 – 138 COURT STREET, LLC - The Commission decided to approve
                  a petition to submeter electricity at an 8 unit residential rental
                  building at 138 Court Street, Brooklyn, New York.
CONSENT AGENDA REPORT –August 20, 2008                                                6.


ITEM 371
      08-E-0439 – RIVERVIEW II PRESERVATION LP – The Commission decided to
                  approve a petition to submeter electricity at a 343 unit residential
                  rental building at 47 Riverdale Avenue, Yonkers, New York.

ITEM 372
      08-E-0433 – LINDEN PLAZA PRESERVATION, LP – The Commission decided
                  to approve a petition to submeter electricity at a 1,527 unit
                  residential rental complex at Linden Plaza, Brooklyn, New York.

ITEM 373
      08-E-0203 – VILLAGE OF BERGEN – The Commission decided to approve the
                  Village’s new tariff schedule which concurs with the NYMPA
                  generic tariff and also converts its tariff schedule, P.S.C. No. 1, to
                  electronic format to be available on the World Wide Web.

ITEM 374
      08-E-0841 – CONSOLIDATED EDISON COMPANY OF NEW YORK – The
                  Commission decided to approve the company’s tariff filing revising
                  its Market Supply Charge to effectuate the revisions to PSL §66-h.
                  The revisions require an electric utility to pay a non-utility generator
                  of electricity with which it has a contract, for sales and use taxes
                  imposed on the natural gas used by the non utility generator for the
                  generation of electricity, pursuant to New York State Tax Law, in
                  addition to the cost of electricity purchased, unless such taxes are
                  otherwise accounted for in payments made to the generator
                  pursuant to the contract.

ITEM 375
      08-E-0898 – NIAGARA MOHAWK POWER CORPORATION D/B/A/ NATIONAL
                  GRID – The Commission decided to approve the company’s
                  electric tariff filing updating the rates used to determine
                  contributions required from applicants for underground extensions.

ITEM 376
      08-E-0359 – VILLAGE OF RICHMONDVILLE – The Commission decided to
                  approve, with modifications, a $84,791 or 8.1% increase in the
                  Village's annual electric revenues.

ITEM 377
      06-E-1433 – ORANGE AND ROCKLAND UTILITIES, INC. – The Commission
                  decided to grant the rehearing petition in part, and to order the
                  company to apply the remaining unexpended customer funds to
                  adjust downward its 2008 Energy Efficiency Portfolio Standard
                  collection.
CONSENT AGENDA REPORT –August 20, 2008                                            7.


                                      WATER

ITEM 461
      08-W-0107 – AQUA NEW YORK, INC. – The Commission decided to further
                  suspend the effective date of the company's proposed rate increase
                  from August 29, 2008 to March 1, 2009.

ITEM 462
      08-W-0654 – JD WATER COMPANY, INC. – The Commission decided to
                  suspend the effective date of the company's proposed rate increase
                  from September 1, 2008 to December 29, 2008.

ITEM 463
      08-W-0464 – UNITED WATER WESTCHESTER, INC. F/K/A AQUARION
                  WATER COMPANY OF NEW YORK – The Commission
                  decided to allow the company to recover increased purchased
                  water costs of $888,500 annually and $790,172 of purchased water
                  deferrals over one year through customer surcharges effective on
                  September 1, 2008.


                                COMMUNICATIONS

ITEM 561
      08-C-0489 – WARWICK VALLEY TELEPHONE COMPANY - The Commission
                  decided to approve, with conditions, the issuance of common stock
                  for the company's Long-Term Incentive Plan.

ITEM 562
      07-C-0349 – WINDSTREAM COMMUNICATIONS, INC. – The Commission
                  decided to approve the proposed tariff revisions to increase
                  the company's local service rates by $2.00 a month for Rate
                  Groups 1 through 5, $1.46 a month for Rate Group 6 and $1.36 a
                  month for Rate Group 7. In addition, the Commission decided to
                  approve increases to certain non-basic rates.

ITEM 563
   08-C-0405 & 00-C-2051 – VERIZON NEW YORK INC. – Staff's second quarter
                  2008 report on the quality of service provided by Verizon New
                  York, Inc. to Special Services customers.
CONSENT AGENDA REPORT –August 20, 2008                                               8.


                                       CABLE

ITEM 661          The Commission decided to approve applications for
                  certificates for renewal of franchises, subject to the conditions, for
                  the following companies:

                  Time Warner
                  Village of Port Henry
                  Town of Lisle
                  Town of Milford
                  Village of Mexico

                  Mid-Hudson Cablevision, Inc.
                  Town of Greenport
                  Town of Gallatin

                  CSC Acquisition-NY, Inc.
                  Village of Sagaponack

ITEM 662
      08-V-0468 – TIME WARNER CABLE (BINGHAMTON DIVISION) – The
                  Commission decided to approve the company’s application for
                  a Certificate of Confirmation, subject to the conditions.

ITEM 663          The Commission decided to authorize the Secretary to grant the
                  following companies temporary operating authority in the listed
                  municipality for an additional six-month period subject to conditions:

                  Time Warner
                  City of Albany
                  Town of Guilderland
                  Village of Mayfield
                  Town of Pittstown
                  Town of Olean
                  Town of North Collins
                  Town of Lockport
                  Town of Cambria
                  City of Lockport
                  Town of Lewiston
                  Town of Wheatfield
                  Town of Eden
                  Town of Elmira
                  Village of Elmira Heights
                  Town of Southport
CONSENT AGENDA REPORT –August 20, 2008          9.


ITEM 663 (Cont’d)
                    Village of Cooperstown
                    Village of Marathon
                    Town of Troupsburg
                    Town of Malone
                    City of Little Falls
                    Town of Lincoln
                    Village of Munnsville
                    Village of Camden
                    City of Syracuse
                    Village of Lacona
                    Town of Stockbridge
                    Town of Hastings
                    Town of Parish
                    Village of Sandy Creek
                    Town of Schroeppel
                    Town of Batavia
                    Town of Livonia
                    Town of Brighton
                    City of Canandaigua
                    Town of Naples
                    Town of Poughkeepsie
                    City of Poughkeepsie
                    Town of Montgomery
                    Village of Highland Falls
                    Town of Goshen
                    Village of Goshen
                    Town of Liberty
                    Town of Marlborough
                    NYC-Bronx
                    NYC-Brooklyn
                    NYC-Manhattan
                    NYC-Queens

                    Haefele TV, Inc.
                    Town of Greene

                    Hancock Video, Inc.
                    Village of Hancock
                    Town of Tompkins
                    Town of Hancock
CONSENT AGENDA REPORT –August 20, 2008              10.


ITEM 663 (Cont’d)
                    CH Communications
                    Town of Jefferson

                    Cablevision Systems
                    Village of Thomaston
                    Village of Great Neck Estates
                    Village of Lake Success
                    Village of Saddle Rock
                    Village of Plandome Manor
                    Village of Plandome Heights
                    Village of Plandome
                    Village of Kings Point
                    Village of North Hills
                    Village of Great Neck
                    Village of Flower Hill
                    Village of North Haven
                    Village of Westhampton
                    Village of Quogue
                    Village of Irvington
                    Town of Greenburgh
                    Village of Sleepy Hollow
                    NYC-Bronx
                    NYC-Brooklyn