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2009-1632009-163 Resolution of Opposition to Central Hudson Rate Increase At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on April 13, 2009. The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers ABSENT: Christopher J. Colsey William H. Beale Maureen McCarthy Joseph P. Paoloni Vincent F. Bettina The following Resolution was introduced by Councilman Beale and seconded by Councilman Paoloni. WHEREAS, the New York State Public Service Commission reports that Central Hudson Gas & Electric Corporation ("Central Hudson") has requested approval to increase its annual electric and natural gas delivery charges; and WHEREAS, according to the New York State Public Service Commission, Central Hudson is proposing to increase its annual electric delivery revenues by $35.4 million and its annual gas delivery revenues by $14.7 million for the 12 months starting July 1, 2009; and WHEREAS, the staff of the New York State Department of Public Service and other parties have evaluated the facts and circumstances of Central Hudson's request and presented Central Hudson with a case that would reduce the electric increase to $16.1 million and the natural gas increase to $6.4 million; and WHEREAS, according to the New York State Public Service Commission, under the increase, customers in a typical household would experience a 16% increase in electric delivery charges and a 28% increase in natural gas delivery charges; and WHEREAS, Central Hudson's area of service includes the Town of Wappinger and the proposed rate increase will cause unnecessary hardship for numerous residents of the Town, particularly those with fixed or limited incomes, as well as place an additional financial burden on the Town's taxpayers as the Town's facilities are served by Central Hudson; and WHEREAS, Central Hudson has failed to demonstrate a need for the proposed rate increases; and WHEREAS, the matter is presently before the New York State Public Service Commission, with the public comment period being open until Friday, May 1, 2009; and WHEREAS, upon consideration, the Town Board finds that such rate increases will place an undue financial burden on residents, businesses, and local government NOW, THERFORE BE IT RESOLVED, that the Town Board of the Town of Wappinger, in its capacity as governing body of the Town, does hereby oppose the rate increase for delivery of electricity and natural gas for which Central Hudson Gas & Electric Corporation seeks approval; and BE IT FURTHER RESOLVED, that certified copies of this resolution be delivered by the Town Clerk to the Hon. Jaclyn A. Brilling, Secretary, New York State Public Service Commission, the Hon. Stephen Saland, Senator representing the 41St District, and the Hon. Joel Miller, Assemblyman representing the 102'd District, as well as the chief executives of our surrounding municipalities served by Central Hudson; and BE IT FURTHER RESOLVED, that the aforesaid resolution shall take effect immediately. The foregoing was put to a vote which resulted as follows: CHRISTOPHER COLSEY, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: ABSENT MAUREEN McCARTHY, COUNCILWOMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 4/13/2009 The Resolution is hereby duly declared adopted. 9�4 •N, TOWN CLERK SUPERVISOR CHRISTOPHER J. COLSEY To: From: Date: Subject: TOWN OF WAPPINGER SUPERVISOR'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 (845)297-2744 FAX: (845) 297-4558 Albert Roberts, Esq. Christopher Colsey, Supervisor March 23, 2009 Development of Town Board Resolution Central Hudson Fee. Increases TOWN COUNCIL WILLIAM H. BEALE VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI Please review the attachments as provided by the Town of Poughkeepsie and craft a similar resolution for the April 13 agenda. I also include documents on the topic from the Dept. of Public Service. nk you. Christopher Colsey, Town of Wappinger Evidentiary hearings were held in Albany the week of January 12, 2009. At these hearings, expert witnesses presented their testimony and were cross-examined by other parties. The testimony and exhibits placed in evidence by witnesses under oath form the evidentiary record on which the Commission will decide the case. The parties have also filed written briefs summarizing the basis for their recommendations. Among the matters the Commission must decide in the Central Hudson case are: • The total amount of revenues the Company should be allowed to collect in order to provide safe and adequate service, and attract investment; • The amount of funding necessary to maintain adequate investment in the Company's infrastructure, and what to do with any allowed funds that are unspent; • The amount of funding for operation and maintenance expenses generally, including labor and benefits costs; • How much it costs the Company to provide service to each customer service classification so that just and reasonable rates are maintained; • How to best ensure that the Company does not have a disincentive to promote energy efficiency and conservation; • Whether performance-based incentives should be implemented to ensure service reliability is maintained, and if so, how they should be structured; and • Other customer service and miscellaneous related issues. The Commission seeks public comments concerning Central Hudson's proposals. Interested members of the public may comment as noted below. Your comments should refer to "Cases 08-E-0887 & 08-G-0888 - Central Hudson Gas & Electric Corporation -- Electric and Gas Rates" 1. Write to: Honorable Jaclyn A. Brilling, Secretary, NYS Public Service Commission, Three Empire State Plaza, Albany, NY 12223-1350. 2. Submit comments electronically by accessing the Department's Web site — http://www.dps.state.ny.us — and filling in the electronic "Comment Form." Many libraries offer free internet access. 3. Call the Department's Toll -Free Opinion Line at 1-800-335-2120. This number is designed to take comments about pending cases from in-state callers, 24 hours a day. Callers should select English or Spanish and press "1" to leave comments. All comments should be submitted or mailed and post marked by no later than May 1, 2009. All public comments received by the Commission will be placed in the official case file and subject to public inspection. Persons interested in Central Hudson's rate filing may view it at the Commission's offices at Three Empire State Plaza, 14th Floor, Albany, New York and 90 Church Street, New York, New York (bring picture identification for a security check), or on the Commission's Web site http://www.dps.state.ny.us. Taking into account all public comments, the Judges and the Commission's Advisory Staff will prepare further recommendations. The Commission will formally consider the case at one or more regularly scheduled public meetings. Following its discussion and deliberations at such meetings, the Commission will issue a written order. dg 3-10-09 STATE OF NEW YORK DEPARTMENT OF PUBLIC SERVICE THREE EMPIRE STATE PLAZA, ALBANY, NY 12223-1350 Internet Address: http://www.dps.state.ny.us PUBLIC SERVICE COMMISSION GARRY A. BROWN Chairman PATRICIA L. ACAMPORA MAUREEN F. HARRIS ROBERT E. CURRY JR. JAMES L. LAROCCA Commissioners Dear Community Leader: March 23, 2009 PETER McGOWAN General Counsel JACLYN A. BRILLING Secretary Supervisor Office MAR 2 5 2009 Received The New York State Public Service Commission (Commission) is seeking public comments concerning Central Hudson Gas & Electric Corporation's (Central Hudson) proposal to increase its annual electric and natural gas delivery revenues. Comments will be accepted. until Friday, May 1, 2009. Central Hudson is proposing to increase its annual electric delivery revenues by an additional $35.4 million and its annual gas delivery revenues by $14.7 million for the 12 months starting July 1, 2009. Staff of the Department of Public Service (DPS) and other parties have evaluated the facts and circumstances of Central Hudson's request. DPS Staff presented a case that would reduce the electric increase to $16.1 million and the natural gas increase to $6.4 million. The attached fact sheet includes additional information regarding the case. The Commission is seeking the public's comments regarding the proposal. Comments regarding the case may be sent to the Commission by letter, telephone or e-mail using the options noted in the attached fact sheet. All comments should be submitted no later than Friday, May 1, 2009. All public comments received by the Commission will be placed in the official case file and subject to public inspection. I would appreciate your assistance in making people in your area aware of the Company's proposal, the comment period, and the ways they may comment on the case. Please send this notice and fact sheet to your colleagues, contact groups and constituents. Thank you for your assistance. Sincerely, Richard Gifford Chief, Consumer Education Office of Consumer Services Enc. installation, maintenance and repair to be substantially less than those of utility companies in metropolitan areas where power lines are underground; now therefore BE IT RESOLVED, that the Town Board of the Town of Poughkeepsie, in its capacity as governing body of the Town, does hereby oppose the rate increase for delivery of electricity and natural gas for which Central Hudson Gas & Electric Corp. seeks approval; and BE IT FURTHER RESOLVED, that certified copies of this resolution be delivered to Hon. Jaclyn A. Brilling, Secretary, New York State Public Service Commission, the Hon. Stephen Saland, Senator for the 41St District, and the Hon. Joel Miller, Assemblyman for the 102nd District, by the Town Clerk, and the chief executives of surrounding municipalities served by Central Hudson; and BE IT FURTHER RESOLVED, that the aforesaid resolution shall take effect immediately. TDM:mlp t-2/26/09 m-3/4/09 G:\mllegal\r\2009\mar\centralhudsonincrease-oppose.doc Councilman Baisley Councilman Seminara Councilman Conte Councilman Cifone Councilman Krakower Councilman Tancredi Supervisor Myers Moved:COUNCILMAN STEPHAN KRAKOWER Seconded:COUNCILMAN MICHAEL CIFONE Ayes AYE X X X X X X X 2 7 Nays 0 NAY Supervisor Office RESOLUTION 3:4 - # 14 OF 2009 MAR 0 6 2009 Received WHEREAS, Central Hudson Gas & Electric Corp. ("Central Hudson") has requested approval of increases in the rates it charges to deliver electricity and natural gas; and WHEREAS, customers in a typical home would experience increases in their electric bills of approximately 17% increase for electricity and 28% for natural gas as a result of said increases; and WHEREAS, Central Hudson's area of service includes the Town of Poughkeepsie and the proposed rate increases will cause unnecessary hardship for numerous residents of the Town, particularly those with fixed or limited incomes, as well as placing an additional financial burden on the Town's taxpayers as the Town's own facilities are served by Central Hudson; and WHEREAS, Central Hudson has failed to demonstrate a need for the proposed increases, and WHEREAS, the matter is presently before the New York State Public Service Commission; and WHEREAS, upon consideration, the Town Board finds that such rate increases will place an undue financial burden on residents, businesses and local governments, STATE OF NEW YORK, COUNTY OF DUTCHESS} ss.: TOWN OF POUGHKEEPSIE J I, SUSAN J. MILLER, Town Clerk of the Town of Poughkeepsie, N. Y., do hereby certify that I have compared the foregoing copy of resolution 3:4414 of 2009 from the Town of Poughkeepsie Board Meeting held on March 4, 2009 opposing the Central Hudson Le increase. with the original record thereof now remaining on file or of record in this office and have found the same to be a correct transcript therefrom and the whole of such original record. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my seal of office, this 5th day of May , 20 09 Town Clerk y , Deputy Clerk TOWN CLERK CHRIS MASTERSON TOWN OF WAPPINGER TOWN CLERK'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 (845)297-5771 April 15, 2009 FAX: (845) 298-1478 TOWN OF EAST FISHKILL TOWN OF FISHKILL TOWN OF LAGRANGE TOWN OF POUGHKEEPSIE VILLAGE OF WAPPINGERS FALLS TOWN OF NEWBURGH TOWN OF WAPPINGER PLANNING BOARD CITY OF BEACON CITY OF NEWBURGH DC DEPARTMENT OF PLANNING & DEVELOPMENT CITY OF POUGHKEEPSIE CHAMBERLAIN SENATOR STEPHEN SELAND ASSEMBLYMAN JOEL MILLER SECRETARY JACLYN A. BRILLING - NYSPSC SUPERVISOR CHRISTOPHER J. COLSEY TOWN COUNCIL WILLIAM H. BEALE VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI Please find enclosed, for your reference, a certified copy of Resolution 2009- 163: Resolution of Opposition to Central Hudson Rate Increase. This Resolution was adopted by the Town Board of the Town of Wappinger, at the Town Board Meeting of 2009-04-13. Sincerely, --� hn C. Masterson Town Clerk Town of Wappinger