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Bill

S 9932

Relates to administrative law judges overseeing the process certain policy proceedings

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

New York creates Process Administrative Law Judges to run procedural aspects of PSC policy proceedings, boosting structure, scheduling, mediation, and participation.

REFERRED TO ENERGY AND TELECOMMUNICATIONS
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Bill Summary · S 9932

Summary of Bill S.9932 (2025-2026) – New York

Purpose

This bill amends the Public Service Law to require that administrative law judges (ALJs) oversee the procedural aspects of policy proceedings before the New York Public Service Commission (PSC). The aim is to enhance order, fairness, efficiency, and participation in policy proceedings related to electricity, gas, steam, or water system planning and industry-wide matters.

Key Provisions

  • New role for Process Administrative Law Judges (Process ALJs)

    • The PSC must assign an ALJ or multiple ALJs to oversee procedural elements of policy proceedings.
    • These Process ALJs must have training in mediation and facilitation from a recognized organization.
    • Their duties include:
    • Establishing structure for meetings, technical conferences, discussions, and filings.
    • Coordinating scheduling and timelines.
    • Resolving discovery disputes.
    • Facilitating all meetings, technical conferences, and discussions.
    • Encouraging open communication and reducing participation impediments.
    • At the request of any party, the Process ALJ may act as a mediator on a particular topic, unless another party with the same topic objects.

  • Participation of the PSC as a party

    • The PSC itself is designated as a party in policy proceedings.

  • Discovery and procedural rules

    • All parties in policy proceedings are subject to discovery under the PSC’s rules and regulations.

  • Definitions added or clarified

    • “Process administrative law judge” or “judge” → an ALJ assigned by the PSC to oversee procedural activities in policy proceedings.
    • “Policy proceeding” → a non-utility-rate proceeding involving electricity, gas, steam, or water system planning, industry-wide aspects of provision or furnishing these services, or impacts on industry-wide customer service or affordability. Excludes commission inquiries triggered by individual customer complaints under §43 of the act.
    • “Party” → any party to a PSC policy proceeding.

Affected Parties and Scope

  • Policy proceedings before the PSC on topics related to:
    • Electricity, gas, steam, or water system planning.
    • Industry-wide aspects affecting service or affordability.
  • Parties: All participants in such policy proceedings, with the PSC designated as a party.
  • Procedural processes: Discovery, scheduling, meetings, conferences, and dispute resolution within these policy proceedings.

Timeline and Effective Date

  • The act takes effect 120 days after becoming law.
  • Immediate effect is authorized for making and completing any rule or regulation necessary to implement the act on its effective date.
  • The legislation would apply to existing policy proceedings and any new policy proceedings initiated after PSC issues an order instituting a policy proceeding.

Practical Impact

  • Expect more standardized and structured procedures in policy proceedings.
  • Increased use of trained Process ALJs to manage meetings, scheduling, and disputes.
  • Potential mediation use to resolve topic-specific issues upon party consent.
  • Greater emphasis on participation accessibility and a more transparent process for industry-wide policy matters.
  • The PSC’s role as a formal party may influence discovery dynamics and procedural leverage.

Important Details to Note

  • Training requirement: Process ALJs must have mediation/facilitation training from a certified organization.
  • Mediation: ALJs can serve as mediators for topics if requested by a party, subject to objection by other parties with the same topic.
  • Exclusion: The term “policy proceeding” does not include customer-initiated inquiries under section 43.

If you’d like, I can provide a brief comparison with current PSC procedural practices or draft a layperson-friendly one-page explainer.

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

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