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S 9967

Allows issues before the public service commission to be determined publicly rather than through settlement discussions not open to the public

2025 Regular Session Introduced by Leroy Comrie and 1 co-sponsor

Allows severing substantive issues from private settlements, letting them be publicly discussed or litigated, boosting transparency in rate proceedings.

REFERRED TO ENERGY AND TELECOMMUNICATIONS
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Bill Summary · S 9967

Summary of S. 9967 (2025-2026) – New York Public Service Law

Purpose and intent

S. 9967 would modify how substantive issues raised in rate proceedings before the New York Public Service Commission (PSC) may be handled, by allowing parties to request that certain issues discussed in a party’s direct testimony be considered publicly and outside of private settlement discussions. The bill aims to increase transparency by enabling severance of identified substantive issues from the private settlement process and permitting public discussion and litigation of those issues, rather than allowing them to be settled behind closed doors.

Key provisions and changes

  • Applicable law: The bill adds new subdivisions to three sections of the Public Service Law (Sections 66, 80, and 89-c), addressing rate proceedings before the PSC.
  • Severance mechanism:
    • Any party may move to sever a substantive issue (that was discussed in that party’s direct testimony) from the settlement process or from inclusion in a joint proposal.
    • The motion must be filed within ten days after the last permitted date for reply testimony.
    • The moving party must specify the issue and the relevant pages from its testimony.
    • Other parties may file responsive motions within ten days.
    • The presiding Administrative Law Judge (ALJ) must issue a written ruling within fifteen days after responses, explaining whether the issue(s) were properly raised as substantive in testimony.
    • The moving party may appeal the ALJ’s decision to the PSC via interlocutory review under the PSC’s rules.
  • Effect of grant:
    • If the motion is granted (or interlocutory review is granted), the identified substantive issue(s) may be discussed in settlement negotiations only during the first sixty days after settlement negotiations formally begin.
    • After sixty days, the disposition of those issues moves to the litigation process unless all parties, including the moving party, agree in writing to waive severance and allow continued discussion in settlement negotiations and potential inclusion in a joint proposal. Waiving severance does not bar objections to provisions later included in a joint proposal.
  • Definitions: The bill provides standard definitions for terms such as “joint proposal,” “interlocutory review,” “moving party,” “settlement process,” and “substantive issue.” A substantive issue includes factual or legal allegations that could be material to the final decision, provided there is evidentiary support; conclusory, unsupported assertions are not deemed substantive.
  • Scope:
    • Similar provisions are added to three sections (66, 80, and 89-c) to ensure consistency across different stages or aspects of rate proceedings.

Affected parties and entities

  • Parties to PSC rate proceedings (utilities and other rate-filing participants), excluding the PSC itself and the department, would use these severance provisions.
  • The PSC and its administrative law judges would implement and rule on severance motions and oversee interlocutory reviews.
  • The bill governs expedient timelines for motions, responses, and rulings, affecting how and when issues can be taken out of private settlement tracks.

Procedural and timeline aspects

  • Filing windows: Motions within 10 days after the last reply date; responses within 10 days; ALJ ruling within 15 days after responses.
  • Interim disposition: Eligible issues may be discussed in settlement negotiations for up to 60 days after settlement begins; beyond that, litigation unless a written waiver is executed.
  • Appeals: Interlocutory review to the PSC if needed.
  • Effective date: The act would take effect 120 days after becoming law, applying to PSC proceedings initiated on or after that date, with immediate authority to implement necessary rules and regulations.

Practical impact

  • Increases transparency by enabling certain contested issues to be publicly discussed and litigated rather than privately negotiated away.
  • Could lead to more robust public record of disputed issues and their evidentiary support.
  • May change strategy for parties who previously sought confidential settlements that included substantive issues raised in testimony.

Compiled from official sources — confirm details with the bill’s official record.

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