ny-PSC-38-26-00012-P: The applicable regulatory regime for the owner and operator of a transmission facility

I.D. No. PSC-38-26-00012-P PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedureAct, NOTICE is hereby given of the following proposed rule: ProposedAction: The Commission is considering a petition by NYEmpire Transmission Company (NYETC) seeking a lightened regulatory regime in relation to its proposed ownership of the Propel NY Energy Transmis- sion Project. Statutory authority: Public Service Law, sections 2(13), (33), 11, 19, 24, 25, 26, 66(6), (12), 69, 69-a, 70, 119-b and 164 Subject: The applicable regulatory regime for the owner and operator of a transmission facility. Purpose: To determine whether a lightened regulatory regime for NYETC is consistent with the PSL. Substance of proposed rule: The Public Service Commission (Commis- sion) is considering a petition filed July 6, 2026, by NY Empire Transmis- sion Company LLC (NYETC), requesting that it be regulated as an electric corporation under a lightened regulatory regime under the Public Service Law (PSL), consistent with that imposed on owners-operators of other competitive wholesale generators and interstate transmission companies engaged in the transmission of electricity in interstate commerce. NYETC intends to fund a portion of the costs associated with the New York Power Authority’s share of the Propel NY Energy Transmission Project (the Project). The Project is an approximately 89.6-mile new underground transmission line with nine existing or new substations located within Suf- folk, Nassau, Queens, Bronx, and Westchester Counties, New York. Subsequently, NYETC would own a distinct and segregable share of the Project. The full text of the petition and the full record of the proceeding may be reviewed online at the Department of Public Service web page: www.dps.ny.gov. The Commission may adopt, reject, or modify, in whole or in part, the action proposed and may resolve related matters. Text of proposed rule and any required statements and analyses may be obtained by filing a Document Request Form (F-96) located on our website http://www.dps.ny.gov/f96dir.htm. For questions, contact: Beth Faranda, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 474-5306, email: beth.faranda@dps.ny.gov Data, views or arguments may be submitted to: Michelle L. Phillips, Sec- retary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 474-6530, email: secretary@dps.ny.gov Public comment will be received until: 60 days after publication of this notice. Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement Statements and analyses are not submitted with this notice because the proposed rule is within the definition contained in section 102(2)(a)(ii) of the StateAdministrative ProcedureAct. (26-E-0495SP1) 15 Rule MakingActivities Agency I.D. No. Agriculture and Markets, Department of AAM-37-26-00002-P ....................... Environmental Conservation, Department