Section 66. General powers of commission in respect to gas and electricity

The commission shall:
    1. Have general supervision  of  all  gas  corporations  and  electric
  corporations  having authority under any general or special law or under
  any charter or franchise to lay down, erect or  maintain  wires,  pipes,
  conduits,  ducts  or  other  fixtures  in,  over  or  under the streets,
  highways and public places  of  any  municipality  for  the  purpose  of
  furnishing   or  distributing  gas  or  of  furnishing  or  transmitting
  electricity  for  light,  heat  or  power,  or  maintaining  underground
  conduits  or  ducts  for  electrical  conductors, and all gas plants and
  electric plants owned, leased or operated  by  any  gas  corporation  or
  electric corporation.
    2.  Investigate  and  ascertain, from time to time, the quality of gas
  supplied  by  persons,  corporations  and  municipalities;  examine   or
  investigate  the  methods  employed  by  such  persons, corporations and
  municipalities in  manufacturing,  distributing  and  supplying  gas  or
  electricity  for  light, heat or power and in transmitting the same, and
  have power to order such reasonable improvements as  will  best  promote
  the  public interest, preserve the public health and protect those using
  such gas or electricity  and  those  employed  in  the  manufacture  and
  distribution  thereof,  and  have power to order reasonable improvements
  and extensions of the works, wires, poles, lines,  conduits,  ducts  and
  other  reasonable  devices,  apparatus and property of gas corporations,
  electric corporations  and  municipalities;  and  have  power  after  an
  investigation  and  a  hearing to order any corporation having authority
  under any general or special law or under any charter or  franchise,  to
  lay  down,  erect  or  maintain  wires,  pipes, conduits, ducts or other
  fixtures in, over or under the streets, highways and  public  places  of
  any  municipality  for the purpose of supplying, selling or distributing
  natural gas,  to  augment  its  supply  of  natural  gas,  whenever  the
  commission deems necessary and whenever artificial gas can be reasonably
  obtained,  by  acquiring  by purchase, manufacture or otherwise a supply
  thereof to be mixed with such natural gas, in order to  render  adequate
  service to the customers of such corporation or to maintain a proper and
  uniform pressure; and have power after an investigation and a hearing to
  order  any corporation having authority under any general or special law
  or under any charter or franchise, to lay down, erect or maintain wires,
  pipes, conduits, ducts or other fixtures in, over or under the  streets,
  highways  and  public  places  of  any  municipality  for the purpose of
  supplying, selling or distributing artificial gas, to augment its supply
  of artificial gas, whenever the commission deems necessary and  whenever
  natural  gas  can  be  reasonably  obtained, by acquiring by purchase or
  otherwise a supply thereof to be mixed  with  such  artificial  gas,  in
  order to render adequate service to the customers of such corporation or
  to  maintain a proper and uniform pressure; and to fix such rate for the
  supplying of mixed gas as  shall  secure  to  such  corporation  a  fair
  return;  and  may  order the curtailment or discontinuance of the use of
  natural gas  for  manufacturing  or  industrial  purposes,  for  periods
  aggregating  not  to  exceed  four months in any calendar year, if it is
  established to the satisfaction of the commission  that  the  supply  of
  natural  gas  is not adequate to meet the reasonable demands of domestic
  consumption and may prohibit the use of natural gas in wasteful  devices
  and practices.
    2-a. Have power, after an investigation and hearing held on notice and
  upon  a finding that as a result of a shortage of gas a public emergency
  exists, to determine whether any gas corporation has available,  or  may
  be  made  available by the operation of its facilities, gas in excess of
  an amount necessary to supply its consumers for purposes for  which  gas

  may  properly  be  used during such emergency. Upon the making of such a
  determination it shall have power to order such  a  gas  corporation  to
  transfer  and  make  available  to  any  other  gas  corporation where a
  shortage of gas exists, for the duration of the emergency, any or all of
  such  excess  gas  for which the transferring company shall receive just
  compensation. Such order may require the installation and  operation  of
  all   necessary  connections  and  facilities  at  the  expense  of  the
  purchasing gas corporation and require the selling  and  purchasing  gas
  corporation  to adopt appropriate regulations and practices to carry out
  the transfer of gas as ordered.
    3. Have power by order to fix and change from time to  time  standards
  of  the  purity, illuminating power and heating power, and standards for
  the measurement thereof, of gas to be manufactured, distributed or  sold
  by  persons,  corporations  or  municipalities  for lighting, heating or
  power purposes, notwithstanding that  other  standards  of  the  purity,
  illuminating  power  and  heating  power  of  gas  and standards for the
  measurement thereof, may have been fixed by general or  special  statute
  and to prescribe from time to time the efficiency of the electric supply
  system,  of  the  current  supplied  and  of  the lamps furnished by the
  persons, corporations or municipalities generating and selling  electric
  current, and by order to require the gas so manufactured, distributed or
  sold  to  equal the standards so fixed by it, and to prescribe from time
  to time the reasonable minimum and maximum pressure at which  gas  shall
  be  delivered  by  said persons, corporations or municipalities. For the
  purpose of determining whether the gas manufactured, distributed or sold
  by such persons, corporations or municipalities for lighting, heating or
  power purposes conforms to the standards of illuminating power,  heating
  power,  purity  and pressure, and for the purpose of determining whether
  the efficiency of the electric supply system, of  the  current  supplied
  and  of  the  lamps  furnished  conforms  to  the  orders  issued by the
  commission, the commission shall  have  power  of  its  own  motion,  to
  examine   and   investigate   the   plants   and   methods  employed  in
  manufacturing, delivering and supplying gas or  electricity,  and  shall
  have access through its members or persons employed and authorized by it
  to  make  such  examinations  and  investigations  to  all  parts of the
  manufacturing  plants  owned,  used  or  operated  by  the  manufacture,
  transmission  or  distribution of gas or electricity by any such person,
  corporation or municipality.
    4. Have power, in its discretion,  to  prescribe  uniform  methods  of
  keeping  accounts, records and books, to be observed by gas corporations
  and  electric  corporations  and  by  municipalities  engaged   in   the
  manufacture,  sale  and  distribution  of gas and electricity for light,
  heat or power. It may also in its discretion prescribe, by order,  forms
  of  accounts,  records  and  memoranda  to  be  kept  by  such  persons,
  corporations and municipalities. Notice of alterations by the commission
  in the required method or form of keeping a system of accounts shall  be
  given  to  such  persons  or corporations by the commission at least six
  months before the same shall take effect. Any other and additional forms
  of accounts, records and memoranda kept by such  corporations  shall  be
  subject to examination by the commission.
    5.  Examine  all  persons,  corporations  and municipalities under its
  supervision and keep informed as to the methods, practices,  regulations
  and  property  employed  by  them  in the transaction of their business.
  Whenever the commission shall be of opinion, after a  hearing  had  upon
  its   own   motion  or  upon  complaint,  that  the  rates,  charges  or
  classifications  or  the  acts  or  regulations  of  any  such   person,
  corporation   or   municipality   are   unjust,  unreasonable,  unjustly
  discriminatory or unduly preferential or in anywise in violation of  any

  provision  of  law,  the commission shall determine and prescribe in the
  manner provided by and subject to the provisions of section  seventy-two
  of   this   chapter   the   just   and  reasonable  rates,  charges  and
  classifications  thereafter  to  be  in  force  for  the  service  to be
  furnished notwithstanding that a higher or  lower  rate  or  charge  has
  heretofore  been  prescribed  by  general  or special statute, contract,
  grant, franchise condition, consent or other agreement, and the just and
  reasonable acts and regulations to be done and  observed;  and  whenever
  the  commission  shall  be  of opinion, after a hearing had upon its own
  motion or upon complaint, that the property, equipment or appliances  of
  any  such person, corporation or municipality are unsafe, inefficient or
  inadequate, the commission  shall  determine  and  prescribe  the  safe,
  efficient  and adequate property, equipment and appliances thereafter to
  be used, maintained and operated for the security and  accommodation  of
  the  public  and  in  compliance with the provisions of law and of their
  franchises and charters.
    6. Require every person and corporation under its supervision  and  it
  shall  be the duty of every such person and corporation to file with the
  commission an annual report, verified by  the  oath  of  the  president,
  vice-president,  treasurer,  secretary, general manager, or receiver, if
  any,  thereof,  or  by  the  person  required  to  file  the  same.  The
  verification  shall  be made by said official holding office at the time
  of the filing of said report, and if not made upon the knowledge of  the
  person verifying the same shall set forth the sources of his information
  and  the  grounds  of  his  belief  as  to  any matters not stated to be
  verified upon his knowledge. The report shall show  in  detail  (a)  the
  amount of its authorized capital stock and the amount thereof issued and
  outstanding;  (b)  the  amount of its authorized bonded indebtedness and
  the amount of its bonds and other  forms  of  evidence  of  indebtedness
  issued  and  outstanding;  (c)  its receipts and expenditures during the
  preceding year; (d) the amount paid as dividends upon its stock  and  as
  interest upon its bonds; (e) the names of its officers and the aggregate
  amount  paid  as  salaries  to  them and the amount paid as wages to its
  employees; (f) the location of its plant or plants and  system,  with  a
  full  description  of its property and franchises, stating in detail how
  each franchise stated to be owned was acquired; and (g) such other facts
  pertaining to the operation and maintenance of the plant and system, and
  the affairs of such person or corporation as  may  be  required  by  the
  commission.  Such  reports shall be in the form, cover the period and be
  filed at the time prescribed by the commission. The commission may, from
  time to time, make changes and additions in such forms.  When  any  such
  report  is  defective  or believed to be erroneous, the commission shall
  notify the person, corporation or municipality  making  such  report  to
  amend  the  same  within  a  time prescribed by the commission. Any such
  person or corporation or municipality which shall neglect  to  make  any
  such  report  or  which shall fail to correct any such report within the
  time prescribed by the commission shall be liable to a  penalty  of  one
  hundred  dollars  and  an  additional penalty of one hundred dollars for
  each day after the prescribed time for which it shall neglect to file or
  correct the same, to be sued for in the name of the people of the  state
  of  New York. The amount recovered in any such action shall be paid into
  the state treasury and be credited to the general fund.  The  commission
  may extend the time prescribed for cause shown.
    7. Require each municipality engaged in operating any works or systems
  for  the  manufacture  and  supplying  of  gas or electricity to make an
  annual report to the commission, verified by the  oath  of  the  general
  manager  or superintendent thereof, showing in detail, (a) the amount of
  its authorized bonded indebtedness and the amount of its bonds and other

  forms of evidence of indebtedness issued and  outstanding  for  lighting
  purposes;  (b)  its receipts and expenditures during the preceding year;
  (c) the amount paid as interest upon its bonds and upon other  forms  of
  evidence  of  indebtedness;  (d) the name of and the amount paid to each
  person receiving a yearly or monthly salary,  and  the  amount  paid  as
  wages to employees; (e) the location of its plant and system with a full
  description  of the property; and (f) such other facts pertaining to the
  operation and maintenance of the plant and system as may be required  by
  the  commission.  Such report shall be in the form, cover the period and
  be filed at the time prescribed by the commission.
    8. Have power, either through its members or inspectors  or  employees
  duly  authorized by it, to enter in or upon and to inspect the property,
  buildings, plants, factories, power houses, ducts, conduits and  offices
  of any of such corporations, persons or municipalities.
    9.  Have  power  to  examine  the accounts, books, contracts, records,
  documents and papers of any such corporation,  person  or  municipality,
  and  have  power,  after  hearing, to prescribe by order the accounts in
  which particular outlays and  receipts  shall  be  entered,  charged  or
  credited.  At  any  such  hearing  the  burden  of proof shall be on the
  person, corporation or municipality to establish the correctness of  the
  accounts  in  which such outlays and receipts have been entered, and the
  commission may suspend a charge or credit pending submission of proof by
  such person, corporation or municipality.
    10. Have power to compel, by subpoena duces tecum, the  production  of
  any  accounts,  books,  contracts,  records,  documents,  memoranda  and
  papers. In lieu of requiring production of originals by  subpoena  duces
  tecum the commission or any commissioner may require sworn copies of any
  such  books, records, contracts, documents and papers, or parts thereof,
  to  be  filed  with  it.  The  commission  may  require  of   all   such
  corporations,  persons  or municipalities, specific answers to questions
  upon which the commission may need information,  and  may  also  require
  such corporations, persons or municipalities to file periodic reports in
  the  form,  covering  the period and filed at the time prescribed by the
  commission. If such corporation, person or municipality  shall  fail  to
  make  specific  answer  to any question or shall fail to make a periodic
  report when required by the commission as  herein  provided  within  the
  time  and  in  the  form prescribed by the commission for the making and
  filing of any such report or answer, such  corporation,  person  or  the
  officer  of  the  municipality shall forfeit to the state the sum of one
  hundred dollars for each and every  day  it  shall  continue  to  be  in
  default  with respect to such report or answer. Such forfeiture shall be
  recovered in an action brought by the commission  in  the  name  of  the
  people of the state of New York. The amount recovered in any such action
  shall  be  paid  into  the state treasury and be credited to the general
  fund.
    11. Have power in all parts of the state, either as  a  commission  or
  through  its  members,  or  through  an  officer  or  employee specially
  authorized to conduct an investigation or hearing to subpoena witnesses,
  take testimony and administer oaths to witnesses in  any  proceeding  or
  examination instituted before it, or conducted by it in reference to any
  matter within its jurisdiction under this article.
    12.  (a)  Have  power  to  require  every  gas  corporation,  electric
  corporation and municipality hereinafter in this  subdivision  called  a
  utility to file with the commission and to print and keep open to public
  inspection  schedules showing all rates and charges made, established or
  enforced or to  be  charged  or  enforced,  all  forms  of  contract  or
  agreement  and  all  rules and regulations relating to rates, charges or
  service used or to be used, and all general  privileges  and  facilities

  granted or allowed by such utility; but this subdivision shall not apply
  to  state,  municipal  or  federal  contracts, except to the extent such
  contracts relate to transportation of electricity.
    (b)  No  change shall be made in any rate or charge, or in any form of
  contract or agreement or any rule or regulation relating  to  any  rate,
  charge  or service, or in any general privilege or facility, which shall
  have been filed by  a  utility  in  compliance  with  an  order  of  the
  commission,  except  after  thirty days' notice to the commission and to
  each county, city, town and village served by  such  utility  which  had
  filed  with  such utility, within the prior twelve months, a request for
  such notice and which shall be affected by such change  and  publication
  of  a notice to the public of such proposed change once in each week for
  four successive weeks in a newspaper having general circulation in  each
  county  containing  territory  affected  by  the  proposed change, which
  notice shall plainly state the changes proposed and when the change will
  go into effect. The commission for good cause shown may, except  in  the
  case  of major changes, allow changes to take effect prior to the end of
  such thirty-day period and without publication of notice to  the  public
  under  such  conditions as it may prescribe. The commission may delegate
  to the secretary of the commission its authority to approve a change  to
  a  schedule  postponing  the  effective date of such schedule previously
  filed with the  commission  and  to  allow  for  good  cause  shown  the
  postponement  to  take effect prior to the end of such thirty-day period
  and without publication of notice to the public.
    (c) For the purpose of this subdivision, "major changes" shall mean an
  increase in the rates and charges which  would  increase  the  aggregate
  revenues  of  the  applicant  more  than  the  greater  of three hundred
  thousand dollars or two and one-half  percent,  but  shall  not  include
  changes  in  rates,  charges or rentals allowed to go into effect by the
  commission or made by the utility pursuant to an order of the commission
  after hearings held upon notice to the public.
    (d) No utility shall charge, demand, collect or receive a  greater  or
  less  or  different  compensation  for  any  service  rendered  or to be
  rendered than the rates and charges specified in its schedule filed  and
  in effect; nor shall any utility refund or remit in any manner or by any
  device  any  portion of the rates or charges so specified, nor extend to
  any person any form of contract or agreement, or any rule or regulation,
  or any privilege or facility, except such as are regularly and uniformly
  extended to all persons under like circumstances.
    (e) The commission shall have power to prescribe  the  form  of  every
  such  schedule, and from time to time prescribe by order such changes in
  the form thereof as may be deemed wise. The commission shall  also  have
  power  to establish such rules and regulations to carry into effect this
  subdivision as it may deem necessary, and to modify or amend such  rules
  or regulations from time to time. Nothing in this chapter shall be taken
  to  prohibit  a  utility  from  establishing sliding scale upward rates,
  beginning at a fixed price per unit for a  small  consumption  and  then
  increasing the price per unit as the consumption is increased.
    (f)  Whenever  there shall be filed with the commission by any utility
  any schedule stating a new rate or charge, or any change in any form  of
  contract  or  agreement  or any rule or regulation relating to any rate,
  charge or  service,  or  in  any  general  privilege  or  facility,  the
  commission  may,  at  any time within sixty days from the date when such
  schedule would or has become effective, either upon  complaint  or  upon
  its own initiative, and, if it so orders, without answer or other formal
  pleading  by  the  utility,  but  upon reasonable notice, hold a hearing
  concerning the propriety of a change proposed by  the  filing.  If  such
  change  is  a  major  change,  the commission shall hold such a hearing.

  Pending such hearing and decision thereon, the commission,  upon  filing
  with such schedule and delivering to the utility, a statement in writing
  of its reasons therefor, may suspend the operation of such schedule, but
  not for a longer period than one hundred and twenty days beyond the time
  when  it  would  otherwise  go  into effect. After full hearing, whether
  completed before or after the schedule goes into effect, the  commission
  may  make  such  order  in  reference  thereto  as  would be proper in a
  proceeding begun after the rate, charge, form of contract or  agreement,
  rule,  regulation,  service,  general  privilege  or facility had become
  effective. If any such hearing cannot be concluded within the period  of
  suspension as above stated, the commission may extend the suspension for
  a further period, not exceeding six months.
    (g)  The  commission shall review all filings to determine if they are
  in compliance with section seventy-two-a of this article. The commission
  shall have the power to hold public hearings concerning the propriety of
  any increased rate or charge for fuel costs. At  any  hearing  involving
  such  an  increase,  the  burden  of  proof  as  to  the correctness and
  reasonableness of the charge shall be upon the utility.
    (h) The commission may, as authorized by section seventy-two  of  this
  article,  establish  temporary  rates  or  charges  for  any  period  of
  suspension under this section.
    (i) At any hearing involving a rate, the burden of proof to show  that
  the  change  or  proposed change if proposed by the utility, or that the
  existing rate, if it is  proposed  to  reduce  the  rate,  is  just  and
  reasonable shall be upon the utility; and the commission may give to the
  hearing  and  decision  of  such  questions  preference  over  all other
  questions pending before it.
    (j) The schedule, rates, charges, form of contract or agreement, rule,
  regulation, service, general privilege or facility in force when the new
  schedule, rate, charge, form of  contract,  rule,  regulation,  service,
  general  privilege  or facility was filed shall continue in force during
  the period of the suspension unless the  commission  shall  establish  a
  temporary  rate  or  charge as authorized by section seventy-two of this
  article.
    (k) In any case in which the commission determines that the  whole  or
  any  part  of any increased rate or charge imposed by a utility pursuant
  to any automatic adjustment, including  but  not  limited  to  any  fuel
  adjustment, was not just and reasonable, because of a lack of reasonable
  care  on  the  part of the utility in providing gas or electric service,
  the commission may order the  utility  to  refund,  with  interest,  any
  moneys  collected  by the utility pursuant to such whole or part of such
  increased rate or charge. In determining  whether  a  utility  exercised
  reasonable  care  in  providing  gas or electric service, the commission
  shall take into account the public health and safety  consequences,  and
  the economic consequences to ratepayers, of the utility's actions.
    12-a.  Have  power  to  fix  and  alter  the  format and informational
  requirements of bills utilized by public and private  gas  corporations,
  electric  corporations  and  gas  and  electric  corporations in levying
  charges for service, to assure simplicity and  clarity  and  to  require
  indication  of any adjustment charges, including but not limited to fuel
  adjustments, in monetary amounts. The commission  shall  further  ensure
  periodic  explanation  of  applicable  rates  and rate schedules for the
  purpose of assisting customers in  making  the  most  efficient  use  of
  energy.
    12-b.  (a)  In consultation with the commissioner of the department of
  commerce have power 1. to designate as economic incentive areas specific
  areas   in   which   reduced   economic   activity,   unemployment   and
  underutilization of utility facilities justifies the approval of reduced

  incentive  rates  for  utility  services, and to promulgate criteria for
  identifying such areas and  customers  eligible  for  such  rates.  Upon
  application  of  a  utility  corporation  the commission shall authorize
  special economic incentive rates in such areas to such customers and for
  such  periods  of  time as the commission finds will best effectuate the
  purposes of this subdivision. The commission may also  provide  for  the
  gradual  elimination  of  the  rate  reduction  authorized,  and for the
  elimination  of  such  reduction,  if  any  conditions  imposed  by  the
  commission  are not met. 2. to designate or form classes of customers as
  appropriate for special rates or tariffs, in order to  prevent  loss  of
  such  customers, or to attract new customers where necessary to maintain
  economic use of utility facilities.
    Any such special rate or tariff shall be so designed as to recover the
  incremental  cost  of  providing  service  to  such  customers  and   to
  contribute  to  the common costs which otherwise would be borne by other
  customers.
    (b) The commission may also authorize utility corporations to contract
  with existing or prospective  industrial  and  commercial  customers  to
  wheel   or  deliver  electricity  or  gas  purchased  directly  by  such
  customers, provided that the commission finds that such arrangements are
  in the overall best interest of the rate payers of the corporation,  and
  that  the rates and fees for the services provided adequately compensate
  the corporation for the use of its facilities.
    12-c. Notwithstanding any other provision of law, upon application  of
  a  gas  or  electric  corporation,  the  commission shall authorize such
  corporation  to  charge  a  special  empire  zone  rate  equal  to   the
  incremental cost of providing service to customers certified as eligible
  for  such  rate  pursuant to article eighteen-B of the general municipal
  law.
    13. In case any electric corporation or gas corporation is engaged  in
  carrying  on any business other than owning, operating or managing a gas
  plant or an electric  plant,  which  other  business  is  not  otherwise
  subject  to the jurisdiction of the commission, and is so conducted that
  its operations are to be substantially kept separate and apart from  the
  owning, operating, managing or controlling of such gas plant or electric
  plant,  said  corporation in respect of such other business shall not be
  subject to any of the provisions  of  this  chapter  and  shall  not  be
  required to procure the assent or authorization of the commission to any
  act in such other business or to make any report in respect thereof. But
  this  subdivision  shall  not  restrict  or  limit  the  powers  of  the
  commission in respect to the owning, operating, managing or  controlling
  by such corporation of such gas plant or electric plant, and said powers
  shall  include  also  the  right  to  inquire  as  to, and prescribe the
  apportionment of, capitalization, earnings, debts  and  expenses  fairly
  and  justly  to  be  awarded  to  or  borne by the ownership, operation,
  management  or  control  of  such  gas  plant  or  electric   plant   as
  distinguished  from such other business. In any such case if the owning,
  operating, managing or controlling of such gas plant or  electric  plant
  by any such corporation is wholly subsidiary and incidental to the other
  business  carried  on  by  it  and  is  inconsiderable in amount and not
  general in its character, the commission may  by  general  rules  exempt
  such  corporation  from  making  full  reports  and  from the keeping of
  accounts as to  such  subsidiary  and  incidental  business.  Where  the
  permission  granted  such corporation pursuant to section sixty-eight is
  to supply gas only to  less  than  twenty  customers  specified  by  the
  commission,  the  commission may, if the public interest permits, exempt
  such corporation from compliance with all or any of  the  provisions  of

  this  article  except  those  affecting matters of public safety and the
  provisions of sections sixty-five, sixty-eight and seventy-four.
    14.  The  commission  shall have power to require each gas corporation
  and electric corporation to establish classifications of  service  based
  upon  the quantity used, the time when used, the purpose for which used,
  the duration of use and upon any other reasonable consideration, and  to
  establish  in  connection  therewith just and reasonable graduated rates
  and charges; and it shall have power, either upon complaint or upon  its
  own  motion,  to require such changes in such classifications, rates and
  charges as it shall determine to be just  and  reasonable.  Neither  the
  scheduled  rates nor the minimum charge for residential customers shall,
  after July first, nineteen hundred thirty-seven, be based in any  manner
  on  the number of outlets, number of rooms, cubic or square foot area or
  other such standards.
    15. Receive, and any gas corporation may at any  time  submit  to  the
  commission  for  its approval, one or more contracts proposed to be made
  by it for the purchase from the producer of by-product gas, to  be  used
  in  its  service  to  its consumers, in which said proposed contract the
  price of gas shall be based on the then market price  of  coal,  and  to
  vary  therewith  whenever  the  market  price  of coal shall vary to the
  extent of ten per centum for a period of not less than thirty days,  and
  which said contract shall state the efficiency of said gas, and upon the
  approval  of  said  contract  by the commission, or said contract as the
  same may be amended, altered or changed, and  upon  the  application  of
  said gas corporation, the commission shall make an order fixing the rate
  or  rates  to be charged to consumers for the service of such gas, which
  said rate shall thereafter remain unchanged  during  the  term  of  said
  contract  in  so  far  as said rate shall be based on the cost of gas to
  said corporation, except as such cost shall vary with the variations  in
  the  price  of  coal  as in said contract provided. The commission shall
  have like powers and duties with reference to  existing  contracts  made
  prior  to  January  first,  nineteen  hundred  and  twenty-two, by a gas
  corporation for a supply of by-product gas where the price of gas varies
  as the price of coal varies. By-product, as used  in  this  section,  is
  defined  to  mean  one  of the several products obtained by treatment of
  coal by some process other than the customary distillation in retorts.
    16. The commission shall have power after a hearing on its own motion,
  upon complaint or upon the application of a gas corporation or  electric
  corporation to prescribe rates and charges for gas, electricity or other
  service  rendered  or to be rendered, embodying the automatic adjustment
  of such rates and charges, over a fixed period not exceeding four years,
  based on the relation between the net income from such rates and charges
  available for  return  and  the  fair  value  of  the  property  of  the
  corporation  used  and  useful  in  said  service;  but  nothing in this
  subdivision shall operate to prevent the commission after the expiration
  of such fixed period from fixing proper, just and reasonable  rates  and
  charges to be made for gas, electricity or service as authorized in this
  article.
    17.   Notwithstanding   the   provisions  of  this  article,  any  gas
  corporation which transports natural gas through the state of  New  York
  but  which  does not deliver, sell or furnish any such gas to any person
  or corporation within the  state  of  New  York,  shall  be  subject  to
  regulation  by  the  commission  only  insofar  as  the construction and
  operation of such facilities shall affect matters of public safety.
    19. The commission shall have power  to  provide  for  management  and
  operations  audits  of  gas corporations and electric corporations. Such
  audits shall be performed at least once every five years for combination
  gas and electric companies, as well as  for  straight  gas  corporations

  having  annual  gross revenues in excess of two hundred million dollars.
  The audit shall include, but not be limited to, an investigation of  the
  company's  construction program planning in relation to the needs of its
  customers  for  reliable  service and an evaluation of the efficiency of
  the company's operations. The commission shall have discretion  to  have
  such audits performed by its staff, or by independent auditors.
    In  every  case  in  which  the  commission  chooses to have the audit
  provided for in this subdivision performed by independent  auditors,  it
  shall  have authority to select the auditors, and to require the company
  being audited to enter into a contract with the auditors  providing  for
  their  payment  by the company. Such contract shall provide further that
  the auditors shall work for and under the direction  of  the  commission
  according  to  such  terms as the commission may determine are necessary
  and reasonable.
    The commission shall have authority to direct the company to implement
  any recommendations resulting from such  audits  that  it  finds  to  be
  necessary and reasonable.
    Upon  the  application  of  a  gas or electric corporation for a major
  change in rates as defined in subdivision twelve of  this  section,  the
  commission   shall   review   that  corporation's  compliance  with  the
  directions and recommendations made previously by the commission,  as  a
  result  of  the most recently completed management and operations audit.
  The commission shall incorporate the findings  of  such  review  in  its
  opinion or order.
    20.  Notwithstanding  any  general or special law, rule or regulation,
  the commission shall have the power to provide for  the  refund  of  any
  revenues  received  by  any  gas or electric corporation which cause the
  corporation  to  have  revenues  in  the  aggregate  in  excess  of  its
  authorized  rate of return for a period of twelve months. The commission
  may initiate a proceeding with  respect  to  such  a  refund  after  the
  conclusion of any such twelve month period.
    21.  The commission shall require every electric corporation to submit
  storm plans to the commission for review and approval at such times  and
  in  such  detail  and  form  as  the commission shall require, provided,
  however, that the same shall be filed at least annually.
    22. The commission shall permit the recovery through rates established
  pursuant to this section of all payments made by  electric  corporations
  pursuant to section twenty-nine-c of the executive law.
    23.  Require  every  gas  corporation  or  electric corporation having
  equipment containing five  hundred  parts  per  million  or  greater  of
  polychlorinated   biphenyls   (PCBs),  including  but  not  limited  to,
  capacitors and transformers, to submit a report to the  commission.  The
  report  shall  contain  (1) a list of such equipment that is in service,
  each unit's location, size and service age, (2) a list of such equipment
  that  is  retired  from  service  after  the  effective  date  of   this
  subdivision,  the  date  each  unit  was  retired  from service, and the
  location of the facility where the unit and/or  PCBs  are  processed  or
  stored,  (3)  the  date  for  shipment of PCBs within or out of New York
  state, and (4) a description of  the  New  York  state  portion  of  the
  shipping  route.  The  commission shall require the report to be updated
  and distributed semiannually. In addition, such corporation shall submit
  to each county  and  city  located  in  the  service  territory  of  the
  corporation  a  report  containing the information listed above for such
  equipment and PCBs located in or transported through the county or  city
  receiving the report.
    For  the  purposes  of this subdivision, capacitors, transformers, and
  equipment designed to use the PCB-free  mineral  oil  dielectric  fluids
  shall be presumed to contain concentrations below five hundred parts per

  million  of  PCBs,  unless  the  unit has been serviced with fluid which
  contains five hundred parts per million or greater of PCBs, or there  is
  any  other  reason  to  believe that the unit contains or was ever mixed
  with  fluid with a concentration level of five hundred parts per million
  or greater or unless testing has specifically shown otherwise.
    24. (a) If a nuclear power plant which is not  commercially  used  and
  useful  in the actual generation of electricity on the effective date of
  this subdivision and which is owned by a single utility on or after  the
  effective  date  of  this  subdivision  fails  to  commence  or continue
  commercial operation after the effective date of this  subdivision,  the
  commission   shall  thereafter  remove  and  exclude  from  the  utility
  corporation's  revenue  requirement   all   amounts,   costs,   charges,
  adjustments,  or  extraordinary  cost  of capital allowances theretofore
  made,  granted  or  provided  which  are   attributable,   directly   or
  indirectly,  to  such  nuclear power plant or to such plant's failure to
  commence commercial operation.
    (b) The commission shall not thereafter, unless and until  such  plant
  commences or recommences commercial operation, include in such utility's
  revenue   requirement   any  amounts,  costs,  charges,  adjustments  or
  extraordinary cost  of  capital  allowances  attributable,  directly  or
  indirectly,  to  such  plant  or  to  such  plant's  failure to commence
  commerical operation.
    (c) Nothing in this subdivision shall be deemed to require a refund of
  the charges paid by or billed to a customer of such utility prior  to  a
  failure to commence or continue commercial operation of such plant.
    (d)  For  the purposes of this subdivision, the failure to commence or
  continue commercial operation shall mean the abandonment of  such  plant
  after  the effective date of this subdivision; the denial, including any
  denial pursuant to or as a result  of  any  administrative  or  judicial
  review,  of  a commercial operating license or other regulatory approval
  necessary for the plant to become commercially used and  useful  in  the
  actual  generation  of  electricity;  the failure of the plant to become
  commercially used and useful in the  actual  generation  of  electricity
  within forty-two months of the issuance of the low power testing license
  for  such  plant; or the occurrence of any event or the existence of any
  circumstances (other  than  customary  inspection  and  maintenance  and
  related  repairs  or  refueling  requirements)  after  the plant becomes
  commercially used and useful in the  actual  generation  of  electricity
  which  renders  the plant not commercially used and useful in the actual
  generation of electricity.
    25. Notwithstanding any  other  provision  of  law  to  the  contrary,
  whenever  a city having a population of one million or more provides for
  a deduction from  gross  receipts  of  a  gas  corporation  or  electric
  corporation,  pursuant  to  a  local law authorized by the provisions of
  subdivision (k) of section twelve hundred one of the tax law,  the  rate
  or  charge  imposed  by  any  such  corporation  within  such  city upon
  non-residential users of electricity or gas eligible to receive a rebate
  in accordance with a local law or laws adopted pursuant to article two-G
  of the general city law shall be set by the commission so as to  reflect
  fully the decrease in tax liability attributable to such deduction.
    26.  Notwithstanding  any  other  provision  of  law  to the contrary,
  whenever the gas facility  costs  of  a  gas  corporation  are  paid  or
  reimbursed  by the city of New York as provided in the gas facility cost
  allocation act, the rates and charges of  such  gas  corporation  within
  such  city  shall  be  set  by the commission so as to reflect fully the
  amount of such payments and reimbursements made by such city. The amount
  of such payments and reimbursements shall not be reflected  directly  or

  indirectly  in  any  rate  or charge imposed by such corporation outside
  such city.
    27. (a) Each electric corporation with annual gross revenues in excess
  of  two hundred million dollars shall offer the option of paying charges
  on the basis of time  of  use  rates  for  service  to  its  residential
  customers  and  to posts and halls owned by a not-for-profit corporation
  that is  a  veterans'  organization.  Such  electric  corporation  shall
  periodically  send  a  notice  explaining  the  rates and informing such
  customers and organizations that the rates are available.
    (b) Any electric corporation which offers its customers  time  of  use
  rates  shall  notify  those  customers  who  elect  or receive such rate
  regarding the following:
    (1) the hours for which such rates are available for both standard and
  daylight savings time;
    (2) the procedure such customers shall follow in order to  have  their
  meter  clocks  reset  following  an  interruption  of  service  if  such
  resetting is necessary to restore the effective hours of the time of use
  rates; and
    (3) when the utility has knowledge of an outage,  a  statement  within
  sixty  days of such outage that the time of use rates may not be applied
  at the previously stated times until the meter clock is reset,  if  such
  resetting is necessary.
    28.  No  revenues  foregone by an electric corporation, as a result of
  subjecting  certain  veterans'  organizations  with  rates  or   charges
  applicable to domestic consumers pursuant to section seventy-six of this
  article, shall be recovered from the customers of such corporation.