N.Y. Public Service Law § 89-e: Filing of approval for construction; approval of initial rate schedules; certificate for parallel or duplicate lines

§ 89-e. Filing of approval for construction; approval of initial rate

schedules; certificate for parallel or duplicate lines. 1. No

water-works corporation shall begin construction of a water system or

extension thereof or exercise any rights or privileges under any

franchise hereafter granted, or under any franchise heretofore granted

but not heretofore actually exercised, or the exercise of which shall

have been suspended for more than one year, without first filing with

the public service commission a certified copy of the order, required by

law, of the department of environmental conservation approving the same.

2. No water-works corporation shall begin operation of a water system

or extension thereof, supply water or charge for service without first

filing with the commission, at least one hundred twenty days prior to

the date upon which service is to begin, a schedule of rates, charges,

rules, regulations and such further information as the commission may

require showing the basis for the corporation's determination of its

proposed rate. The commission shall have power to approve or disapprove

such proposed rate, or to condition an approval upon the corporation's

use of a specific method of cost apportionment, for both rate and

accounting purposes, among related enterprises or operations. The

commission shall take final action on the proposed schedule of rates

within two hundred forty days after it is filed or after information

required by the commission is furnished, whichever is later, provided

that within one hundred twenty days after the schedule is filed or

information received, whichever is later, the schedule of rates filed by

the corporation shall be allowed to become effective, either finally or

on a temporary basis, on such terms as may be imposed by the commission

in accordance with the procedures set forth in section one hundred

thirteen of this chapter. A water-works corporation shall provide notice

to the public of such proposed schedule of rates once in each week for

four successive weeks in a newspaper having general circulation in the

county or counties containing territory affected by the proposed

schedule of rates, which notice shall plainly state the proposed

schedule of rates. Publication must be completed prior to the effective

date of the proposed schedule of rates unless the commission shall

otherwise order. The commission may, for good cause shown, waive

publication of notice to the public under conditions it may prescribe.

If such corporation is affiliated with a developer that sells or

proposes to sell new homes that would receive service from the water

system, notice of the proposed schedule of rates shall be included with

other informational materials supplied to potential purchasers of such

homes.

3. No main or conduit of an existing water supply company shall be

paralleled or duplicated unless and until there shall have first been

obtained a certificate of convenience and necessity from the commission.