The Public Service Commission (PSC) and SAPA
The Public Service Commission (PSC) issues notices in the New York State Register in accord with the provisions of the State Administrative Procedure Act (SAPA) for certain actions of the Commission. Most actions taken by the PSC are subject to SAPA requirements.
Finding PSC SAPA Notices
PSC SAPA notices are available on the NY State Department of State Web Site:
What Commission actions require SAPA?
- NYS Register (Note: Click on any date with a hyperlink to view the table of contents for that date's Register. Details for that data is available from links on the table of contents).
The PSC is obligated to follow prescribed SAPA procedures in the exercise of its decision making. The basic provisions applicable to the adoption of a rule requires the PSC to submit a notice of proposed rulemaking for publication in the State Register, offer the public an opportunity to comment on the proposal for a minimum period of 45 days after the publication (if a hearing is required, the comment period extends to 5 days after the last public hearing) before taking action to adopt the proposal.
Types of department matters requiring SAPA compliance:
The Rule-Making Process
- Amendments to the Commission rules: 16 NYCRR
- Tariff filings for Electric, Gas, Steam and Water (Note: telephone tariffs are exempt)
- Interconnection Agreements
- Waivers of Commission Rules
- Most Commission initiated proceedings
- Orders directing utilities to take substantive actions
- Rate cases
- Modifications of Commission orders, if such orders adopted rules
- Petitions for rehearing (if the Commission's order adopted a rule and if the Commission might grant the petition in whole or in part)
The Department of State is responsible for producing the weekly New York State Register, which plays a central role in the rule making process. The Register contains notices of newly proposed rules as well as proposed changes to existing rules.
After publication in the Register and receipt of public comment, the agency may either adopt, revise or withdraw the proposal. If adopted, the agency must file the full text of the rule with the Department of State. At the same time, a "Notice of Adoption" is published in the Register, indicating that the proposal has in fact, been adopted. If the final rule will be substantially different from the proposed rule, the agency must publish a "Notice of Revised Rule Making" and accept public comment for at least another 30 days. If a proposal is withdrawn, the agency cannot adopt the same or a similar proposal without first providing the public with another opportunity to comment.