S 9976: Allows settlement discussions before the public service commission to be determined publicly.

  
  STATE OF NEW YORK ________________________________________________________________________ 9976  IN SENATE April 20, 2026 ___________ Introduced by Sen. COMRIE -- 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, in relation to allowing issues before the public service commission to be determined publicly rather than through settlement discussions not open to the public The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 66 of the public service law is amended by adding a 2 new subdivision 33 to read as follows: 3 33. (a) In any rate proceeding, any party may seek to sever from 4 consideration in the settlement process or inclusion in any joint 5 proposal any substantive issue that it discussed in its direct testimony 6 through a motion to the presiding administrative law judge that is filed 7 no later than ten days after the last permitted date for the filing of 8 reply testimony by parties. Such motion shall indicate the substantive 9 issue or issues for which the moving party seeks severance and the 10 related page numbers in the moving party's testimony. Parties may file 11 responsive motions within ten days supporting or challenging the moving 12 party's assertion that it developed the identified substantive issue or 13 issues in its direct testimony. The presiding administrative law judge 14 shall issue a written ruling within fifteen days after the filing of 15 responses that provides the reasons for concluding that the moving party 16 did or did not provide a substantive issue or substantive issues in its 17 testimony. The moving party may appeal the administrative law judge's 18 decision to the commission through a request for interlocutory review 19 pursuant to the department's rules. 20 (b) Upon the granting of the motion by the administrative law judge, 21 or of the request for interlocutory review by the commission, the iden- 22 tified substantive issue or issues may be discussed in settlement nego- 23 tiations during the first sixty days after the formal commencement of 24 settlement negotiations. After sixty days have elapsed, disposition of 25 the substantive issues or issues shall be subject to the litigation 26 process only unless the moving party advises the parties, administrative EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15110-01-6 
 S. 9976 2 1 law judge, and commission in writing that it waives its right to sever 2 the identified substantive issue or issues from the settlement process 3 and agrees to allow discussion of such issues in settlement negotiations 4 and potential inclusion in a joint proposal. Waiving the right to sever 5 does not preclude the moving party from objecting to any provision 6 included in a filed joint proposal. 7 (c) As used in this subdivision, the following terms shall have the 8 following meanings: 9 (i) "Joint proposal" shall mean a negotiated settlement agreement 10 signed by two or more parties in a rate proceeding. 11 (ii) "Interlocutory review" shall mean a motion to the commission 12 requesting review of a ruling by an administrative law judge. 13 (iii) The "moving party" shall mean the party who seeks severance of 14 an issue or issues under this subdivision. 15 (iv) "Party" shall mean any party to a commission rate proceeding 16 other than the department or the utility. 17 (v) "Settlement process" shall mean a set of formal negotiations of 18 the parties organized by the department that is intended to resolve all 19 or some of the issues in any rate proceeding and lead to a joint 20 proposal. 21 (vi) "Substantive issue" shall mean an issue in which testimony by a 22 moving party contains allegations of facts or law, which, after further 23 development through the litigation process, including evidentiary hear- 24 ings, interrogatories or discovery, may be material to the resolution of 25 the issue in the recommended decision or final order. The intent of this 26 definition is to permit any allegation of fact with any evidentiary 27 support or legal claim to meet this standard; where the issue concerns 28 at least in part a factual allegation, only conclusory assertions of 29 fact without any evidentiary support in the moving party's testimony are 30 not substantive. 31 § 2. Section 89-c of the public service law is amended by adding a new 32 subdivision 18 to read as follows: 33 18. (a) In any rate proceeding, any party may seek to sever from 34 consideration in the settlement process or inclusion in any joint 35 proposal any substantive issue that it discussed in its direct testimony 36 through a motion to the presiding administrative law judge that is filed 37 no later than ten days after the last permitted date for the filing of 38 reply testimony by parties. Such motion shall indicate the substantive 39 issue or issues for which the moving party seeks severance and the 40 related page numbers in the moving party's testimony. Parties may file 41 responsive motions within ten days supporting or challenging the moving 42 party's assertion that it developed the identified substantive issue or 43 issues in its direct testimony. The presiding administrative law judge 44 shall issue a written ruling within fifteen days after the filing of 45 responses that provides the reasons for concluding that the moving party 46 did or did not provide a substantive issue or substantive issues in its 47 testimony. The moving party may appeal the administrative law judge's 48 decision to the commission through a request for interlocutory review 49 pursuant to the department's rules. 50 (b) Upon the granting of the motion by the administrative law judge, 51 or of the request for interlocutory review by the commission, the iden- 52 tified substantive issue or issues may be discussed in settlement nego- 53 tiations during the first sixty days after the formal commencement of 54 settlement negotiations. After sixty days have elapsed, disposition of 55 the substantive issues or issues shall be subject to the litigation 56 process only unless the moving party advises the parties, administrative 
 S. 9976 3 1 law judge, and commission in writing that it waives its right to sever 2 the identified substantive issue or issues from the settlement process 3 and agrees to allow discussion of such issues in settlement negotiations 4 and potential inclusion in a joint proposal. Waiving the right to sever 5 does not preclude the moving party from objecting to any provision 6 included in a filed joint proposal. 7 (c) As used in this subdivision, the following terms shall have the 8 following meanings: 9 (i) "Joint proposal" shall mean a negotiated settlement agreement 10 signed by two or more parties in a rate proceeding. 11 (ii) "Interlocutory review" shall mean a motion to the commission 12 requesting review of a ruling by an administrative law judge. 13 (iii) The "moving party" shall mean the party who seeks severance of 14 an issue or issues under this subdivision. 15 (iv) "Party" shall mean any party to a commission rate proceeding 16 other than the department or the utility. 17 (v) "Settlement process" shall mean a set of formal negotiations of 18 the parties organized by the department that is intended to resolve all 19 or some of the issues in any rate proceeding and lead to a joint 20 proposal. 21 (vi) "Substantive issue" shall mean an issue in which testimony by a 22 moving party contains allegations of facts or law, which, after further 23 development through the litigation process, including evidentiary hear- 24 ings, interrogatories or discovery, may be material to the resolution of 25 the issue in the recommended decision or final order. The intent of this 26 definition is to permit any allegation of fact with any evidentiary 27 support or legal claim to meet this standard; where the issue concerns 28 at least in part a factual allegation, only conclusory assertions of 29 fact without any evidentiary support in the moving party's testimony are 30 not substantive. 31 § 3. This act shall take effect on the one hundred twentieth day after 32 it shall have become a law and shall apply to public service commission 33 proceedings initiated on or after such date. Effective immediately, the 34 addition, amendment and/or repeal of any rule or regulation necessary 35 for the implementation of this act on its effective date are authorized 36 to be made and completed on or before such effective date.