Relates to the electronic service of orders.

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S6764-2011 Actions

• Jun 4, 2012: referred to corporations, authorities and commissions
• Jun 4, 2012: DELIVERED TO ASSEMBLY
• Jun 4, 2012: PASSED SENATE
• May 30, 2012: ADVANCED TO THIRD READING
• May 23, 2012: 2ND REPORT CAL.
• May 22, 2012: 1ST REPORT CAL.878
• Mar 20, 2012: REFERRED TO ENERGY AND TELECOMMUNICATIONS

S6764-2011 Meetings

Energy and Telecommunications: May 22, 2012

S6764-2011 Calendars

Active List: Jun 4, 2012 , Floor Calendar: May 23, 2012 , Floor Calendar: May 30, 2012 , Floor Calendar: May 31, 2012 , Floor Calendar: Jun 4, 2012

S6764-2011 Votes

S6764-2011 Memo

BILL NUMBER:S6764

TITLE OF BILL:

An act
to amend the public service law, in relation to electronic service of
orders

PURPOSE OF THE BILL:

The bill would amend Public Service Law ("PSL") �23 to authorize
electronic service of orders of the Public Service Commission
("Commission") unless otherwise requested by a party to a Commission
proceeding.

SUMMARY OF PROVISIONS:

Section 1 of the bill would amend PSL � 23(1) to allow orders issued
by the Commission to be provided by electronic means pursuant to
Commission regulations, unless non-electronic service is requested.

Section 2 of the bill would make the bill effective immediately.

EXISTING LAW:

PSL �23(1) requires that every order of the Commission be served upon
all persons or corporations affected by such order either by: 1)
personal delivery; or 2) mail, in a sealed envelope with prepaid
postage, addressed to persons designated to receive a summons under
the Civil Practice Law and Rules.

PRIOR LEGISLATIVE HISTORY:

A similar proposal was introduced as part of the 2009-20 10 Executive
Budget but not included in the enacted Budget.

STATEMENT IN SUPPORT:

PSL �23(1) was enacted in 1910 and it mandates either personal
delivery or delivery by mail. Today, electronic communication is as
reliable as mail. The bill would further the intent of the Electronic
Signatures and Records Act ("ESRA"), State Technology Law Article
III, which was adopted because "it is in the best interest of the
State of New York, its citizens, businesses and government entities
for state and federal law to work in tandem to promote the use of
electronic technology in the everyday lives and transactions of such
individuals and entities." Laws of 2002, Ch. 314, � 1.

The Commission sends out approximately 650 orders annually, which must
be sent to multiple parties per case; large proceedings may have over
100 parties. Implementation of electronic service would vastly reduce

the cost of paper, envelopes, printing and mailing, and allow limited
staff to focus on other duties. ESRA provides agencies broad
authority to seek the savings of electronic transmittal and
electronic recordkeeping. However, ESRA implementing
regulations, 9 NYCRR �540.5(e), state that "(g)overnmental entities
using electronic records shall, in the absence of specific statutory
or regulatory requirements, have the authority to
specify the manner and format in which electronic records will be
received, produced, accepted, acquired, recorded, filed, transmitted,
forwarded, acknowledged and stored (emphasis added)." Because, in its
current form, PSL �23(1) specifically mandates personal service or
"by mailing a copy thereof, in a sealed package with postage
prepaid," it precludes electronic service of Commission Orders,
without a waiver.

The Commission has recently developed an electronic document
management system and promulgated implementing regulations. The
Commission now receives a majority of filings electronically, posts
all documents filed by every party and all documents issued by the
Commission on its web site, and serves Commission-issued documents -
primarily ALJ rulings, Secretary Notices, and Commission orders - by
sending links to the documents to those on its party and service
lists who have requested electronic service. Parties requesting mail
service of hard copy documents receive such service, as required by
ESRA, and that will not change under the proposed legislation.
Rather, the legislation would eliminate the need for the Commission
to seek explicit consents from each party to waive their right to
service by regular mail.
Accordingly, parties wishing to receive service of Commission Orders
and who request non-electronic service would continue to receive
service by either personal delivery or by mail.

BUDGET IMPLICATIONS:

A nominal amount of non-personal services savings is projected. There
are also large, but unquantifiable, efficiencies due to resources
saved in attempting to design, maintain and refine a process for
waiver of PSL �23(1).

LOCAL IMPACT:

None.

EFFECTIVE DATE:

The bill would be effective immediately upon enactment.

S6764-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    6764

                              I N  SENATE

                               March 20, 2012
                                 ___________

  Introduced  by  Sen.  RITCHIE -- (at request of the Department of Public
    Service) -- read twice and ordered printed, and  when  printed  to  be
    committed to the Committee on Energy and Telecommunications

  AN  ACT  to  amend  the  public  service  law, in relation to electronic
    service of orders

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1.  Subdivision 1 of section 23 of the public service law, as
  amended by chapter 310 of the laws  of  1974,  is  amended  to  read  as
  follows:

    1.  Every order of the commission shall be served upon every person or
  corporation to be affected thereby BY ELECTRONIC SERVICE IN A MANNER AND
  FORMAT PROVIDED FOR IN REGULATIONS  ESTABLISHED  BY  THE  COMMISSION  OR
  ALTERNATIVELY,  IF NON-ELECTRONIC SERVICE IS REQUESTED BY SUCH PERSON OR
  CORPORATION, either by personal delivery of a copy thereof[;], or by THE
  mailing OF a copy thereof, in a sealed package with postage prepaid,  to
  the  person  to be affected thereby or, in the case of a corporation, to
  any officer or agent thereof upon  whom  a  summons  may  be  served  in
  accordance with the provisions of the civil practice law and rules.  The
  commission  shall  provide,  upon request, a certified copy thereof or a
  copy thereof bearing the seal of the commission.  Within a  time  speci-
  fied  in  the  order of the commission every person and corporation upon
  whom it is served must if so required in the order  notify  the  commis-
  sion,  in  writing, whether the terms of the order are accepted and will
  be obeyed and in the case of a corporation such  notification  shall  be
  signed  and  acknowledged  by a person or officer duly authorized by the
  corporation to execute such acceptance and agreement. Every order of the
  commission shall take effect at  a  time  therein  specified  and  shall
  continue in force either for a period which may be designated therein or
  until changed or abrogated by the commission, unless such order be unau-
  thorized  by  this  chapter  or  any  other  act or be in violation of a
  provision of the constitution of the state or of the United States.
    S 2. This act shall take effect immediately.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD14250-01-2