Res. No. 172
Resolution calling on New York State to increase the number of Commissioners on the Public Service Commission and permit New York City to appoint two of its Commissioners
By Council Members Salamanca, Yeger, Nurse, Narcisse, Hudson, Ossé, De La Rosa, Dinowitz, Avilés, Lee, Gennaro and Ariola
Whereas, The New York Public Service Commission (PSC) regulates the State’s electric, gas, steam, telecommunications and water utilities; and
Whereas, The Commission also oversees the cable industry; and
Whereas, The Commission is housed within the Department of Public Service (DPS) and the Chair, designated by the Governor, also serves as the Chief Executive Officer of the Department; and
Whereas, There may be up to seven commissioners on the PSC, all of which are appointed by the governor and approved by the state Senate; and
Whereas, A full term for a commissioner is six years; and
Whereas, A key responsibility of the PSC is approving rate increases, proposed by the various utility companies, and ensuring that New Yorkers are receiving adequate service; and
Whereas, In New York City, Consolidated Edison (Con Ed) holds a virtual monopoly over the electricity market, serving all parts of New York City (except for Rockaway, Queens), and Westchester County; and
Whereas, Although there are alternative electricity suppliers, all of these Energy Service Companies (ESCOs) still rely on existing utilities’ infrastructure to deliver the electricity; and
Whereas, Therefore, most New York City residents are at the mercy of Con Ed’s billing practices; and
Whereas, The PSC exists to offer some protection to consumers - being a check on superfluous rate increases and ensuring a consistent and reliable delivery of utilities; and
Whereas, However, over the past few years, the PSC has approved rate increases for Con Ed, and New Yorkers have had their electricity bills soar; and
Whereas, This is despite the fact that New York City residents have experienced numerous blackouts and decreased services, even during searing heatwaves; and
Whereas, In fact, while investigating Con Ed’s preparation for tropical Storm Isaias and its ability to restore power after the storm hit, the DPS threatened to revoke its franchise; and
Whereas, In 2018, meanwhile, DPS reached a settlement agreement with Con Ed for $9.5 million, after numerous violations were issued to Con Ed due to its failure to adequately prepare for winter storms earlier that year; and
Whereas, Despite these demonstrated failures in service, the PSC continues to approve rate increases; and
Whereas, According to advocates such as Susan Lerner from Common Cause NY, the PSC Commissioners are typically plucked from private industry and are more concerned with industry profit than consumer wellbeing; and
Whereas, Furthermore, unlike other states, New York’s PSC does not require the body to include a member representing consumers; and
Whereas, New York City should be permitted to appoint at least two members to the board who represent the interests of our City’s consumers; and
Whereas, The City’s appointments should be made by the Mayor with the approval of the New York City Council; now, therefore, be it
Resolved, That the Council of the city of New York calls on New York State to increase the number of Commissioners on the Public Service Commission and permit New York City to appoint two of its Commissioners.
LMS
LS #8047
4/15/2022