S1783-2011 Actions

• Jan 4, 2012: REFERRED TO ENERGY AND TELECOMMUNICATIONS
• Jan 12, 2011: REFERRED TO ENERGY AND TELECOMMUNICATIONS

S1783-2011 Memo

BILL NUMBER:S1783

TITLE OF BILL:
An act
to amend the public service law
and the state administrative procedure act,
in relation to ex parte
communications

PURPOSE:
This bill is designed to require any party involved in hearings
or investigations before the State Public Service Commission (PSC)
to give written notification of any ex parte communications or
visits  with the PSC to other affected parties, and to give
those other parties an opportunity to respond.

SUMMARY OF SPECIFIC PROVISIONS:
The public service law is amended by adding a new that all parties
involved in hearings or investigations with the Public Service
Commission shall receive written notification of all ex parte
communications and visits and shall have an opportunity to respond.

JUSTIFICATION:
This bill will end off-the-record contacts by staff members of the
Public Service Commission with the companies they oversee. Under the
provision, any party talking to state PSC employees about a case
would have to notify other parties in the case, thereby eliminating
the appearance of favoritism toward one side or another in a Public
Service Commission case.

LEGISLATIVE HISTORY:
This bill has been introduced in previous legislative sessions.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
a law.

S1783-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1783
 2011-2012 Regular Sessions
 I N  SENATE
 January 12, 2011
 
 Introduced  by Sen. STAVISKY -- 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 and the state administrative
 procedure act, in relation to ex parte communications
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  The public service law is amended by adding a new section
 20-a to read as follows:

 

S 20-A. EX PARTE COMMUNICATIONS. WITH REGARD TO  ALL  HEARINGS  BEFORE
 THE  COMMISSIONER  OR  AN  OFFICER  OR  EMPLOYEE SPECIALLY AUTHORIZED TO
 CONDUCT AN INVESTIGATION OR HEARING, ALL PARTIES SHALL  RECEIVE  WRITTEN
 NOTICE  OF  ALL  EX  PARTE  COMMUNICATIONS  AND VISITS AND SHALL HAVE AN
 OPPORTUNITY TO RESPOND.
 

S 2. Subdivision 2 of section 307 of the state  administrative  proce
 dure act is amended to read as follows:

 2.  Unless required for the disposition of ex parte matters authorized
 by law, members or employees of an agency assigned to render a  decision
 or  to  make  findings of fact and conclusions of law in an adjudicatory
 proceeding shall not communicate, directly or indirectly, in  connection
 with  any  issue  of  fact, with any person or party, nor, in connection
 with any issue of law, with any party or his representative, except upon
 notice and opportunity for all parties to participate.  Any such  agency
 member (a) may communicate with other members of the agency, and (b) may
 have  the aid and advice of agency staff other than staff which has been
 or  is  engaged  in  the  investigative  or  prosecuting  functions   in
 connection with the case under consideration or factually related case.
 [This  subdivision  does not apply (a) in determining applications for
 initial licenses for public utilities or carriers; or (b) to proceedings
 involving the validity or application of rates, facilities, or practices
 of public utilities or carriers.]
 

S 3.  This act shall take effect on the thirtieth day after  it  shall
 have become a law.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06333-01-1

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