2021 New York Laws
PBS - Public Service
Article 6 - Provisions Affecting Two or More Kinds of the Public Service and the Persons and Corporations Furnishing Such Service
112-A - Appointment of Temporary Operator.

§  112-a.  Appointment  of  temporary operator. (a) The commission may
appoint a temporary operator of a gas corporation with  twenty  thousand
or fewer customers or water-works corporation with one thousand or fewer
customers  if  the  commission,  after  notice  and an opportunity to be
heard, makes a determination that such gas  corporation  or  water-works
corporation exhibits one or more of the following criteria:
  (i) a failure to provide safe, adequate, or reliable service;
  (ii) a lack of technical, financial, or managerial capacity or ability
to provide the service; or
  (iii)  actual  or  effective  abandonment  of  any  service or portion
thereof.
  (b) In making a determination under this section, the  commission  may
take into consideration:
  (i)  the  financial,  managerial,  and  technical  ability  of the gas
corporation or water-works corporation;
  (ii) the financial, managerial, and technical ability  of  persons  or
entities providing the same type of service;
  (iii) expenditures necessary to make improvements to assure compliance
with applicable statutory and regulatory standards; and
  (iv) any other matter that the commission deems relevant.
  (c)  For  the  purposes  of this section, a "temporary operator" shall
mean any person or entity that:
  (i)  is  not  an  affiliated  interest  of  the  gas  corporation   or
water-works corporation;
  (ii)  agrees to operate the gas corporation or water-works corporation
under the terms and conditions established by the commission; and
  (iii)  is  financially,  managerially,  and  technically  capable   of
operating  the  gas corporation or water-works corporation in compliance
with applicable standards.
  (d) The gas corporation or  water-works  corporation  shall  have  the
burden  of  demonstrating  that  it  is supplying and has the ability to
continue to supply safe, adequate, and  reliable  service  at  just  and
reasonable rates, or that abandonment of service by its system is in the
public interest.
  (e)  The  appointment  of a temporary operator shall be in addition to
any other remedies provided by law.