PSC Sets Schedule for Consideration of Oceangate Tenants' Petition to Halt Submetering

On February 9, 2010, the New York PSC established a schedule for consideration of the petition of the North Bay Tenants Association to halt implementation of electricity submetering at Oceangate, a large complex of former Mitchell Lama apartment buildings in Coney Island, Brooklyn.

The PSC Notice Establishing Pleadings Schedule directs the owner, Starrett Oceangate LLC/Oceangate Associates, LP, to file papers by February 18, 2010, addressing

the relevance and application of the Commission’s Order Denying In Part and Granting In Part Petitions For Rehearing and Establishing Further Requirements in Case 08-E-0836, et al. (issued September 17, 2009), and any subsequent Orders regarding submetering.

The Commission Order referred to stopped submetering at four Manhattan apartment complexes, and is discussed at PSC Stops Submetering at Four Buildings, Sets Conditions to Address Tenant Concerns, PULP Network, September 17, 2009.

The PSC also indicated its expectation that

In its response, the owner should also address and submit information consistent with ordering clause 3 of said Order, and provide supporting information including, but not limited to, monthly apartment level data regarding electric usage and electric charges that would have been assessed if submetering had been implemented, and an identifier indicating whether the household in each apartment is income-eligible for the Home Energy Assistance Program.

Also, the PSC stated in the scheduling order that

Failure to satisfactorily submit all such information could result in the Commission’s issuance of a stay of its previous submetering approval.

It is anticipated that the parties will submit comprehensive pleadings addressing all issues raised in the January 28, 2010 Petition to Stay, Rehear, Vacate or Modify. Additionally, the parties should identify any and all issues and information the Commission should consider reaching its determination.

The North Bay Tenants Association and others will have until February 25, 2010 to reply to the submission of the owner. The North Bay Tenants Association is represented by PULP.

For background, see Oceangate Tenants Ask PSC and DHCR to Halt Submetering and Conduct Environmental Impact Assessment Under SEQRA, PULP Network, January 28, 2010.

Also, see PULP's website page on submetering.