ny-PSC-43-26-00006-P: Petition to submeter electricity and waiver of energy audit requirement

I.D. No. PSC-43-26-00006-P PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedureAct, NOTICE is hereby given of the following proposed rule: Proposed Action: The Commission is considering the petition of Candor Capital One LLC to Submeter Electricity at 331 Maple Street, Brooklyn, New York, and the request for waiver of the requirement of an energy audit pursuant to 16 NYCRR § 96.5(k)(3). Statutory authority: Public Service Law, sections 30, 32-48, 52, 53, 65(1), 66(1), (2), (3), (4), (12) and (14) Subject: Petition to submeter electricity and waiver of energy audit requirement. Purpose: To ensure adequate submetering equipment, consumer protec- tions and energy efficiency protections are in place. 14 NYS Register/October 28, 2026 Substance of proposed rule: The Commission is considering the petition filed by Candor Capital One LLC (Owner) on September 16, 2026, seek- ing authority to submeter electricity to a new rental building with fair- market and affordable units at 331 Maple Street, Brooklyn, New York lo- cated in the service territory of Consolidated Edison Company of New York, Inc. (Con Edison).The Commission is also Considering the Owner’s request for waiver of 16 NYCRR § 96.5(k)(3), the requirement for an energy audit. In the petition, the Owner requests authorization to take electric service from Con Edison and then distribute and meter that electricity to its residents. Once approved by the Commission, submetering of electricity to residential tenants is allowed so long as it complies with the protections and requirements of the Commission’s regulations in 16 NYCRR Part 96. The Owner also requests for waiver of 16 NYCRR § 96.5(k)(3), which requires proof that an energy audit has been conducted when 20 percent or more of the residents receive income-based housing assistance.The Owner states that, because the building is new construction, it must comply with the current New York State Energy Conservation Construction Code, which provides strict energy conservation requirements for new and renovated buildings, including the design and construction of energy- efficient building envelopes, mechanical, lighting and power systems, and therefore, an energy audit is not necessary in this case. 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