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PULP E-Mail News
The Public Utility Law Project
Electronic Newsletter
November 21, 2008
SNAFU in OTDA's Administration of the HEAP Program; State Tells Suffolk County to Handle Energy Emergencies
This week, two weeks after the opening of the New York State Home Energy Assistance Program (“HEAP”), PULP is hearing of significant administrative problems. Some Suffolk County Department of Social Services service centers put limits on the number of HEAP applications and turn away applicants when the quota is met. People have been lining up for assistance before offices lest they be turned away. In addition, an 87 year-old blind woman in Albany who needs Emergency HEAP furnace replacement assistance, was cold and sleeping in her clothes for weeks, with no action taken by Albany County Department of Social Services on her application, despite federal law and state rules requiring prompt action to resolve such an emergency. Further, the State's HEAP Hotline (1-800-342-3009) is now simply a recorded message system. After these issues were pointed out by PULP, the State OTDA, which is responsible for oversight of the counties, assured that emergency HEAP applicants are not being turned away. More money is available through HEAP than in seasons past, but more people will be suffering due to the economic downturn and high energy costs, so these administrative glitches must be resolved pronto.
MORE -- http://pulpnetwork.blogspot.com/2008/11/snafu-in-otdas-administration-of-heap.html
MORE -- http://pulpnetwork.blogspot.com/2008/11/state-tells-suffolk-county-to-handle.html
National Grid’s Grand Plan Continues; Still No Action from PSC
Yes, a variant of the “Grand Plan” is still alive and well at National Grid. Another person denied service by National Grid requested PULP’s assistance this week. She owed a little over $2,000 to National Grid for a prior account in her name for an apartment she had left three years ago. After living in a situation where she did not need a utility account, she applied for service again at a new address and was denied service unless she pays $1,000, $1,500, or the full amount (depending on which National Grid call center representative handles the application). The estimated monthly bill is $179. Under Public Service Law (“PSL”) §31.1 an applicant who owes for service to a prior account is entitled to service with an agreement to repay “any amounts due” the down payment for which does not exceed the lesser of 50 percent of the amount owed or the estimated cost of three months service. Thus, the most the utility could demand consistent with the statute was approximately $537, and that amount is negotiable. A PSC Ruling from earlier this year rejected much of National Grid’s “Grand Plan,” based on the inflexibility of the 100 percent or $1000 requirements. PULP requested rehearing of that decision because the PSC left the door open to future evasion of the statute, erred as a matter of law, and overlooked evidence of how the "Grand Plan" interferes with the purposes of HEFPA. PULP is still awaiting Commission action on our Petition to clarify the Grand Plan Order. This latest client adds to a growing list of aggrieved applicants who joined this proceeding after the Commission’s Order supposedly put the issue to rest.
MORE -- http://pulpnetwork.blogspot.com/2008/11/national-grids-grand-plan-continues.html
HEAP Eligibility and Benefit Changes Rumored
Efforts may be underway at the New York State Office of Temporary and Disability Assistance (“OTDA”) to revise significantly the State HEAP Plan and benefits under the federal Low Income Home Energy Assistance Program (“LIHEAP”) for winter 2008 - 09. While no formal documentation had yet been released, it is PULP’s understanding that effective December 1st, second emergency HEAP payments would be authorized. Also, applications for both first and second Emergency HEAP payments would be accepted over the telephone, if the correct documentation is submitted. In addition, the income eligibility guidelines for Emergency HEAP benefits would be raised to 75 percent of state median income, up from 60 percent in the current State HEAP Plan. More details will be provided when the changes are posted.
MORE -- http://pulpnetwork.blogspot.com/2008/11/heap-eligibility-and-benefit-changes.html
Excelsior! NY Achieves Highest Electric Rates in the Continental United States
It’s official. According to the October 28th U.S. Energy Information Administration (“EIA”) Electric Power Monthly, which provides the official government energy statistics, as of July 2008, New York State's residential and commercial customers paid the highest electric rates in the continental United States (including Alaska). Residential rates were 19.75 cents/kwh, and commercial rates hit 19.52 cents/kwh. The reason for this dubious distinction is the "restructuring" of New York's electric industry which had the result of turning state-regulated power plants over to new owners who could sell power in the FERC-regulated wholesale markets where inordinate quantities of energy are sold at NYISO spot market prices (or at prices indexed closely to the NYISO price). The NYISO market design pays the same price for all electricity at any given hour, regardless of the cost of production, with the price demanded by the market clearing bidder (who is often a natural gas burning producer) paid to all, even if their costs are far less.
MORE -- http://pulpnetwork.blogspot.com/2008/11/excelsior-ny-achieves-highest-electric.html
Schumer: Upstate NY Remains Unprepared for DTV Switch
With less than three months to go before the broadcast television transition from analog to digital, Senator Chuck Schumer revealed on November 20th that thousands of households, including thousands of elderly residents across Upstate New York, are in danger of being left without access to broadcast television as the analog-to-digital television switch deadline nears. Analog-only televisions will go dark on February 17, 2009 when all over-the-air broadcast signals will be transmitted by a digital signal only, which analog televisions are not equipped to receive. To ensure that that all residents across Upstate New York can transition smoothly into digital TV and avoid a television black-out, Senator Schumer wrote to FCC Chairman Kevin Martin urging him to grant an emergency extension to all analog television consumers who have not yet redeemed conversion coupons. Schumer pushed the FCC to ease the application process for first time applicants and also allow those with expired coupons to remain eligible to redeem them.
MORE -- http://schumer.senate.gov/SchumerWebsite/pressroom/record.cfm?id=305171
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THE PUBLIC UTILITY LAW PROJECT OF NEW YORK, INC., IS A NOT-FOR-PROFIT ORGANIZATION WHICH HAS REPRESENTED THE INTERESTS OF LOW INCOME UTILITY CONSUMERS SINCE 1981, ADVANCING UNIVERSAL SERVICE, AFFORDABILITY, AND CUSTOMER PROTECTION.
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