Requires notice of any ex parte communications or visits before the public service commission by a party to a hearing or investigation be given in writing to any affected party and to give such affected parties an opportunity to respond.

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S467-2013 Actions

• Jan 9, 2013: REFERRED TO ENERGY AND TELECOMMUNICATIONS

S467-2013 Memo

BILL NUMBER:S467

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 section 20-a which provides 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
become a law.

S467-2013 Text

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

                                     467

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  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

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD02736-01-3

 S. 467                              2

  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.