N.Y. Public Authorities Law § 1020-s: Public service law generally not applicable to authority; inconsistent provisions in certain other acts superseded

* § 1020-s. Public service law generally not applicable to authority;

inconsistent provisions in certain other acts superseded. * 1. The

rates, services and practices relating to the electricity generated by

facilities owned or operated by the authority shall not be subject to

the provisions of the public service law or to regulation by, or the

jurisdiction of, the public service commission, except to the extent (a)

article seven of the public service law applies to the siting and

operation of a major utility transmission facility as defined therein,

(b) article VIII of the public service law applies to the siting and

operation of a major electric generation facility or a major electric

transmission facility as defined therein, (c) article ten of such law

applies to the siting of a generating facility as defined therein, (d)

section eighteen-a of such law provides for assessment for certain

costs, property or operations, (e) to the extent that the department of

public service reviews and makes recommendations with respect to the

operations and provision of services of, and rates and budgets

established by, the authority pursuant to section three-b of such law,

(f) that section seventy-four of the public service law applies to

qualified energy storage systems within the authority's jurisdiction,

and (g) that section seventy-four-b of the public service law applies to

Long Island community choice aggregation programs.

* NB Effective until December 31, 2040

* 1. The rates, services and practices relating to the electricity

generated by facilities owned or operated by the authority shall not be

subject to the provisions of the public service law or to regulation by,

or the jurisdiction of, the public service commission, except to the

extent (a) article seven of the public service law applies to the siting

and operation of a major utility transmission facility as defined

therein, (b) article ten of such law applies to the siting of a

generating facility as defined therein, (c) section eighteen-a of such

law provides for assessment for certain costs, property or operations,

(d) to the extent that the department of public service reviews and

makes recommendations with respect to the operations and provision of

services of, and rates and budgets established by, the authority

pursuant to section three-b of such law, (e) that section seventy-four

of the public service law applies to qualified energy storage systems

within the authority's jurisdiction, and (f) that section seventy-four-b

of the public service law applies to Long Island community choice

aggregation programs.

* NB Effective December 31, 2040

2. The issuance by the authority of its obligations to acquire the

securities or assets of LILCO shall be deemed not to be "state action"

within the meaning of the state environmental quality review act, and

such act shall not be applicable in any respect to such acquisition or

any action of the authority to effect such acquisition.

3. In the event that a comprehensive and regular management and

operations audit, as provided by subdivision (bb) of section one

thousand twenty-f of this article, indicates a finding of fraud, abuse,

or mismanagement by a service provider of the authority, and upon a

finding by the public service commission that reasonable cause exists

for the basis of such indication, the public service commission may

order that any recommendations contained in the regular management and

operations audit be implemented. The public service commission may also

provide in their order, the date in which any recommendation must be

fully implemented. Failure to comply with any such order can result in

the imposition of a civil penalty by the public service commission

against the service provider or revocation of the service provider's

authority to operate within the state.

* NB There are 2 § 1020-s's