§ 3-b. Long Island office of the department. 1. There is hereby\nestablished in the department an office to review and make\nrecommendations with respect to the operations and terms and conditions\nof service of, and rates and budgets established by, the Long Island\npower authority and/or its service provider.\n 2. Definitions. As used or referred to in this section:\n (a) "Authority" means the Long Island power authority.\n (b) "Service provider" means the entity under contract with the\nauthority to provide management and operation services associated with\nthe authority's electric transmission and distribution system and any\nsubsidiary of such entity that provides such services under contract.\nHowever, the service provider and any affiliate of the service provider\nwith whom the authority or service provider contracts to provide\nservices associated with the authority's electric transmission and\ndistribution system shall not be considered an electric corporation\nunder this chapter.\n (c) "Operations services agreement" means an agreement and any\namendments thereto between the Long Island lighting company dba LIPA or\nthe Long Island power authority and the service provider to provide\nmanagement and operation services associated with the authority's\nelectric transmission and distribution system.\n 3. General powers. In undertaking the requirements of this section,\nsubject to subdivisions (u) and (bb) through (hh) of section one\nthousand twenty-f of the public authorities law, the department shall be\nempowered and authorized to:\n (a) Review and make recommendations to the board of the Long Island\npower authority with respect to the rates and charges, including charges\nrelated to energy efficiency and renewable energy programs, to be\nestablished by the authority and become applicable on or after January\nfirst, two thousand sixteen pursuant to subdivision (u) of section one\nthousand twenty-f of the public authorities law.\n (i) The purpose of such review is to make recommendations designed to\nensure that the authority and the service provider provide safe and\nadequate transmission and distribution service at rates set at the\nlowest level consistent with sound fiscal operating practices.\n (ii) The department's recommendations shall be designed to be\nconsistent with ensuring that the revenue requirements related to such\nrate review are sufficient to satisfy the authority's obligations with\nrespect to its bonds, notes and all other contracts.\n (iii) In the context of such review, the department may make\nrecommendations with regard to the compensation or fee structure\nincluded within the operations services agreement.\n (iv) In undertaking such review and in making recommendations related\nto the proposed rates and charges, the department shall establish\nstandards, policies and procedures that, at a minimum, provide for\npublic statement and evidentiary hearings and participation of\nintervenors and other parties, and ensure that any final recommendations\nrelated to the proposed rates and charges are provided to the authority\nwithin two hundred forty days of the filing with the department of such\nplan.\n (v) The parties to any such rate review proceeding shall include, but\nnot be limited to, department staff, the authority, the service provider\nand, to the extent it deems necessary or appropriate, the utility\nintervention unit.\n (b) Review the annual capital expenditures proposed by the service\nprovider and recommend such improvement in the manufacture, conveying,\ntransportation, distribution or supply of electricity, or in the methods\nemployed by the the service provider as in the department's judgment\nallows for safe and adequate service.\n (c) Annually review the emergency response plan of the authority and\nthe service provider in accordance with the following requirements:\n (i) Examine and determine whether the emergency response plan is\nconsistent with the requirements of
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