Current through Register Vol. 46, No. 12, March 20, 2024
(a)
Except as provided in subdivision (d) of this section, whenever the authority
proposes to undertake any of the following actions, notice shall be given as
provided in subdivisions (b) and (c) of this section:
(1) amendment of any rate schedule or tariff
for the sale of power and/or energy;
(2) approval of the rates and general
conditions of service pursuant to which power and/or energy are sold by any
municipal or cooperative customer of the authority; and
(3) adoption, amendment, suspension or repeal
of any rule or regulation of the authority, other than those relating to
internal management, which do not directly and significantly affect the rights
of, or procedures or practices available to, the public.
(b) At least 45 days prior to the adoption of
any action included in subdivision (a) of this section, or prior to any hearing
thereon, the secretary shall:
(1) caused to
have published notice of the proposed action or hearing in the State Register
in accordance with subdivision (c) of this section and, when appropriate in the
judgment of the authority, publish notice of the proposed action in such
newspaper or newspapers of general circulation as the authority may
select;
(2) provide notification to
any person or agency which has filed a written request, such request to be
renewed yearly in December, for notice of proposed action or hearing which may
affect that person or agency, by mail to the last address specified by the
person or agency; and
(3) make
available to the public a copy of the complete text of the proposed action, of
the regulatory impact statement, and where applicable, the regulatory
flexibility analysis.
(c) Notice to be published in the State
Register shall:
(1) cite the statutory
authority under which the authority proposes to take action;
(2) give the date, time and place of any
public hearing and state whether such place is reasonably accessible to persons
with a mobility impairment;
(3)
include a statement that interpreter services shall be made available to deaf
persons, at no charge, upon written request;
(4) either state the express terms of the
proposed action, or describe the subject, purpose and substance of the proposed
action;
(5) include a regulatory
impact statement, and where applicable, a regulatory flexibility analysis or a
summary thereof;
(6) give the name,
public office address and telephone number of the secretary from whom the
express terms of the proposed action and information about any public hearing
may be obtained and to whom written data, views and arguments may be submitted;
and
(7) include any additional
matter required by statute.
(d) Subdivisions (b) and (c) of this section
shall not apply to any action taken in conformance with subdivision 7 of
section 1010 of the Power Authority Act.
(e) If the authority finds that immediate
adoption of an action is necessary for the preservation of the public health,
safety or general welfare, it may adopt the action on an emergency basis. As
soon as practicable thereafter, the secretary shall file with the Secretary of
State notice of emergency adoption which shall state whether such notice also
constitutes notice of proposed action and which includes all of the matters
required by the statute. Not more than 60 days after such filing, the authority
may either reconsider the action in accordance with subdivisions (b) and (c) of
this section and file notice of adoption in accordance with section
455.2 of this
Part or readopt such action on an emergency basis.
