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HomeMy WebLinkAboutLILCO Electric FranchiseE]FFI EF~K :D SEILITHOLD, L. {., N. Y. 11¢:J71 TELEPHONE October 1, 1971 Hon. Lester M. Albertson Suffolk County Clerk Suffolk County C~nt~r' RiVerhead, New York 1]_901 Dear Mr. Albertson: Enclosed herewith is a resolution of the Southold Town Board, and Long Island Lighting Company A¢ce~'tRnce of Electric Franchise, for filing in your office, together with a check for $11.00 to cover filing fee. Very tr~ly yours, Albert W. Richmond Town Clerk A~/j b Enclosure cc: Long Island Lighting Company LONG ISLAND LIGHTING COMPANY 1650 ISLIP AVENUE BRENTWOOD, N.Y. 11717 September 30, 1971 Albert Richmond, Town Clerk To%~n of Southold Southold, New York 11971 Re~ Electric Franchise Renewal Dear Al: As requested, I am enclosing our check ~8339 drawn to the order of the Suffolk County Clerk in the amount of $11 to be used to cover filing costs in filing our franchise and acceptance at the County Clerk's office in Riverhead. Upon completion of this filing procedure, will you kindly supply me with the date of filing and the Liber and Page nu~oer. Thank you for your kind consideration of this request. Very truly yours, LeRoy ya_tterson, ~4anager 2ightZof-Way & Real Estate LP/lr PD~ Attach. At a regular meeting of the Town Board of the Southold, County of Suffolk~ State of New York~ office Of the Board in Town Hall.~ Main Road~ I~ew York~ on ~ne ~nd day of June .97 ~ a ma0ormty o~ the menfoers of the said Board being present and voting t, ~ -~ · ~. ,l~e~. ~.for~ the ~oi!ow~_n~ preaPfo!es~ smd resolutions were duly.~mop'~ ~-~'~d: ' ~E!~AS~ Long Island Lightin% Comuany has been ~:: ~ lng lec~rzc~ty to~th.e Town of Southoid and its ~ts unde~ and pursuant to a ~rar_chmse~ ~ ' and consent heretofore granted by the To~.m Board on July 30, i921; and %M~ER3]AS~ the Lon~: Island I,]-ajlting Company is now person~ fizm~ or c°:~no~tion-~- ~- .~ supplying ' e!eczrmcitv a unkncorporated areas of the Totem of ~ ~ ~ouono!a; and ~'~HE~EAS~ the exis;--,;-~~ ....... ~ frauchise held by Long s~and Lighting CoNoany vSll e:~:pire on July o0~ =?~_~ and ~ e said Long Island L~l'~ti~ Cor%oauy is desirous of con- tinuing ~ ' ~ zo zurnish ele,',-" .... -,'' :-~D2~biean-hs~ and has made appiieation to the Town of ~ -'- ~ou~ho!d for an electric fr~' ~ ~' ~(~ .years~ and I ~::"{' %~PJ:AS~ a notice of '~ublic hearin~ on the f~apPlication for said electric franchise has been duly ~ublieation in the official newapapor of tho~ To~n~ of ld_. at lea,~,t~, · tc,.~" (t0) d~.,y~,; before the said public t~earing ~'held. 0n May~ll- , 197!~ all pursuant to se~c- 64~ Subdivision 7 of the Town Law of the State of' ~ ;, and gHEP~AS~ the Town Board of the said Town of is of the Opinion that ~uch~ an electric [Sh°U!d be granted on the terms and conditions herein~ter ; 'NOW, THEREFORE~ BE IT i~ESOLVED, That the To~.m Board of the Town of Southotd: ~ff°ik:County~ New York~ does he~eby grant~ pursuan% to etlon. 6~ SubdiVision 7 of the Tovm Law of the State of ork~ .~o Long Island Lighting Cor~fpa~ a gas and elec- Dn o~ganized aE~d existing under the Trans- p r~at~om., o~Jo~ations La~,~ of the State of New York~ smd to.its successors and assigns~ the right~ frmuehise~ per- ~sion mhd consent for the use of the streets, highways and ~laces or auy par4 tb~'~"oof or the a~Ja. ce abo~e or . ihem~ or any of them~ in the T6wn of Southo!d which are now or :nay hereafter be under the control of the Jal authorities .of s.:..~d"o' Town, and hereby consents that island Li~ting Comoany m~y'-~ exercise' the powers set n Section ll of said Trausportation Co~oorations Law, ~for an.electric f.ranchisc, all for a Period of .~,-~ from t)m date of the resolution; (1) that such powers shall be subject to such bte regulations as may be prescribed by the Tovm ; (2) that all pipes, conduits, poles, ~ires, appurtenances and fixtures shall be installed and maintained · in a proper worl.unanlike manner; and (3) that the said · Island Ligjlting ~ompany shall at all times indemnify ave h~rm!ess the said Town and the me~]~ers of the said To~,~. Board from and against any and all actions, suits, ages~ costs~ charges and ezpenses by reason of the location snance of its facilities in shy of the streetS~ ~s. and other publ~i.c pi.aces, or by reason of ~ act or omitted to be done by said Long Island Ligl~ting ompany; and provided further, that this consent shall not meemedl~aXclus~ve, nor shall it beco~ne e~ect_ve unless Until Long Island Light'ing Compa~ny, within sixty (60) s date of th~ resol'utS, on~, shall file its written Acceptance thereof with the To~,m Clerk. ' IN ~'rIT~SS ~'~.REOF, the me~£oers of the Totem Board the To~,m of Southo!d, County of Suffolk, State of .~ consisting of Albert M. Martoechia , Supervisor, Howard C. Valentine James H. Rich~ Jr. Counci!m~n, areunt~r~ ~ffixed their ro~.~n1, Clerk has'~attestad'the s~ue of the Tovm hereto this 9th i97~ ' respeCtiVe and signatures and ~ ~ i~.~d ,the Supervisor Councilman ~ - . · · · "i"ROCEDURE OF RIGHT~-WAY A~fD REAL ESTATE DEPART~ _ . IN SEC~JR~NG FRANCHISES FROM ViLLAGES Have a talk with Village Clerk in reference to Franchise~ Deliver the original and three (3) copies' of the proposed resolution .to the Village Clerk with transmittal letter. Advise the Village Clerk that a Notice of P~biic = -~- ~e a~ _ng must be Published in the official village paper at least ten (I0) days befor~e said Hearing, Keeo in touch with Clerk 'when meeting will be 'held, Then notify this office and we will have someone from this Department and Legal ~ Department attend, After Hearing~ Clerk fills in date and names of the Board members present~ and has members sign original and three (3) copies furnished to him. He then returns two (2) copies to us' and 'retains the other two Pick up two (2) copies of certification of publication from '~the village paper. Also get three (3) official maps together ~rith certification of population as of the last official census · in the Village~ (This may be certified On the vili~ge map by ~ ,the, Clerk). "/,'~"UP°n receipt of the Franchises~ we deliver to the Clerk the original and ~ - ~, ~_~ th_e~ (3) copies of the Compar~s Acceptance. Tn~ Clerk keeps tne original and one (!) copy~ and marks our tw~= (2) 'copies~ _w~ith, date of receipt, · 'unin sixty (60) days from (This .must be done date of resolution), Th'e Clerk must then, file a copy of the resolution a~nd the acceptance with the County Clerk as required by Section 83 of the Village Law. Notify this office when this has been done sotha~ we can notify Legal Department to prepare Petition ~or- approval to exercise Franchise before PSCo LILCO will pay expenses for legal notice: filing fees, and copies of certification of publication and maps. mw 5 PROCEDURE FOR SECURING GAS A~ND ELECTRIC FRANCHISE FROM ~¥G~ CI PALITIES Deliver four (4) copies of Franchise'resolution along with letter of transmittal to either Clerk~ Mayor or Supervisor. Discuss Franchise with appropriate municipal official and recommend the Franchise be examined, by their Attorney. Public Hearing must be held and properly advertised prior to Hearing~ usually ten (lC) days. After Hearing~ Clerk fills in date and names of the Board members present~ and has the me,,ers sign the original and three (3) copies. Two (2) cooies are returned to LILCO and'the other two (2) retained by the Municipality. Obtain two (2) copies of an affida-vit~of publication from the advertisin news acer and three e %.~. g .~.P ~ (3) o_~mcmal map gezner with a certification of population as of the last ~official census in the Municipality. This certification may be made on the village map by the Clerk. Return the original and three (3).'copies of the Company's Acceptance to the Municipality, and have the Clerk sign the date of receipt. This must be done within sixty (60) days .'of the resolution. Also have Clerk sign ce~t~fzca~_on~ ' ' ~ of ~compietion~ original and three (3) copies. Obtain one (1) copy of the reso!ut~on and acceptance from the Municipality and properly file at the County Center'in Riverhead. Final distribution of Franchise and ~Accept~uuce as follows: Iil One copy filed 'at County Center at Riverhead One copy filed at Municipality office. 4:30 Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Valentine, Justice Suter, Justice Demarest. Moved by Justice Suter, seconded by councilman Valentine, WHEREAS, Long Island Lighting Company has been furnishing electricity to the Town of Southold and its inhabitants under ahd pursuant to a franchise and cons~n~theretofore granted by the Town Board on July 30, 1921; and' WHEREAS, the Long Island Lighting Company is now the only person, firm or corporation 'supplying electricity within the unincorporated areas of the Town of Southold; and WHEREAS, the existing franchise held by Long Island Lighting Company will expire on July 30, 1971, and the said Long Island Lighting Company is desirous of continuing to furnish electricity to the said Town of Southold and its inhabitants, and has made application to the Town Board of the Town of Southotd for an electric franchise for a period of fifty (50) years, and WHEREAS, a notice of public hearing on the application for said electric franchise has been duly given by publication in the official newspaper of the Town of Southold at least ten (10) days before the said public hearing was held on May 11, 1971, all pursuant to Section 64, Subdivision 7 of the Town Law of the State of New York; and WHEREAS, the Town Board of the said Town of Southold is of the opinion that such an electric franchise should be granted on the terms and conditions hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED: That the Town Board of the Town of Southold, Suffolk County, New York, does hs~eby grant, pursuant to Section 64, Subdivision 7 of the Town Law of the State of New York, to Long Island Lighting Company, a gas and electric corporation organized and existing under the Transporation Corporations Law of the State of New York, and to its successors and assigns,the right, franchise, permission and consent for the use of the streets, highways and public places or any part thereof, or the space above or under them, or any of them, in the Town of Southold which are now or may hereafter be under the control of the municipal auth- orities of said Town, and hereby consents that Long Island Lighting Company may exercise the powers set forth in Section 11 of said Transportation Corporations Law, as and for an electric franchise, all for a period of fifty (50) years from the date of the resO- lution; provided, (~) that such powers shall be subject to such reasonable regulations as may be prescribed by the Town Board; (2) that all pipes, conduits, poles, wires, appurtenances and fixtures shall be installed and maintained in a proper workmanlike manner; and (3) that the said Long Island Lighting Company shall at all times indemnify and save harmless the said Town and the members of the said Town Board from and against any and all actions, suits, damages, costs, charges and expenses by reason of the location and maintenance of its facilities in any of the streets, hig'hways and other p~b~c places, or by reason of any act done or omitted to be done by said Long Island Lighting Company; and provided further, that this consent shall not be deemed exclusive, unless and until Long Island Lighting Company, within sixty (60) days from the date of the resolution, shall file its written acceptance thereof with the Town Clerk. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Valentine, Justice Suter, Justice Demarest. Moved by Councilman Valentine, seconded by Justice Demarest, it was RESOLVED: That Supervisor Martocchia be and he ~ereby is authorized to-hire Parking Beack Attendants for our Town Beaches. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Valentine, Justice Suter, Justice Demarest. Moved by Justice Suter, seconded by Councilman Valentine, it was RESOLVED: That Supervisor Albert Ma~tocchia be and he hereby is authorized to hire temporary Bay Constables at a sum not to exceed $600.00 each. They are to use their own boat and pay their own NOTICE OF HEARING' PLEASE TAKE NOTICE that a public hearing will be held 'by 'the Town Board of the T~wn Of SoUtholdon the 11{h da~ of ~May 1971, at the Supervtsors Ofhc , i6 SOuth Street Greenp0rt, New YOrk at 3:00 o'clock. P M. Of Raid day upon the matter of the ap- plication of'Long Island Lighting ~ompany requeSting the grp. nJ !rig of a right franchise, perm~ssmn or Cori~ent for th~ ~se 0f the Streets, highways, and public places of the Town of South~ld or ahy part thereof or the space above or under them or any o'f them for the ptirpose of erecting, maintaining a;r~d~ operating electric facilities. Dated:April 20. t971 BY ORDER OF /THE TOWN BOARD OF SOiJTHOLD ALBERT W. RICHMOND TOWN CLERK 1TA29. COUNTY OF SUFFOLR, ~ ss: STATE OF NEW YORK, j says that . ..h.e .... is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspapez published at Greenport, in said cou.nty: and that the 'notice, of which the annexed is a printed copy, .has been published in the said Suffolk Weekl~ Times once in each week, for ........... .an e ............. weeks successively commencing on the ...~.e.q~7.~2:L.r~ttk ....... day of ..... ~P.~ ..... Sw.~rn to before me this... (~. ....... C a:i b. Cuf?oik County COUNTY OF SUFFOLK } STATE OF NEW YORK :~ ss: the Towr~ :~Board ~.:the Town o~:- Bouthold i'on the 'llth day 02: the purpose raining re- right~ :the or for electric C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the a:nnexed is a printed copy, has been published in said Long Island Zraveler-Mattituck Watch- ~~ / wee~s~ man once each week for ..... .~;~'.<:...~ ....... ~. ............... successively, commencing on the ............ ~.-..~..'. ................... day of ........ Sworn to before me this ........ '~..~! ...... day of 19, .~...~.. ADELE PAYN£ Notary Public, State of New Residir~g in SL~ffoik County No. 52-3041000 Commission Expires March 30, NOTICE OF HEARING PLE~k~E ,:T~KE 'N©TICE t~iat a public ~e~ring will be ~eld ':the Town Bb~rd of the Town of So:u~hold for ~vays and under the main- taining and gas Dated: April 20 I9,.71 BY oRDER OF THE TOWN,, BOAI~D OF THE ' 'I T owN~ ~0~ ' ~YrHo LD COUNTY OF SUFFOLK :} ss: STATE OF NEW YORK C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and chat the notice of which the Gnnexed is a printed copy, has been published in said Long Island Traveler-Mattituck Watch- man once each week for .... ~<'~-.~.':(..~.,,,Z.~ weeks/ successively, commencing on the ................. ~..~. ............... day o ..... ~.~) ~ "ff~ ....... ~19.1 .~.~./..~ Sworn to before me this ....... ~.....~.:. ...... day of ...... V 'ADELE PAYNE Notary Public, State of New Yore Residing in Su,ffolk County No. 52-3041000 Commission Expires March 30, STATE OF NEW YORK: COUNTY OF SUFFOLK: SS: ALBERT W. RICHMOND, of Southold, Town of Southold, New York, being duly sworn, says that he is over the age of twenty-one years; that on the ~/ day o 19. ~/ , he affixed a notice of which the .annexed printed notice is a true copy, in a proper and substantial manner, in a most public Place in the Town of SoUthold, Suffolk County., New '.~ York, to wit:- Town Clerk Bulletin Board, Town Clerk Office Main Road_~_~Sguthold' L.I.,N.Y. Sworn to before me this lbert W. Ri6h~ond, Town/Clerk ~'tary Public JUDIT~ T~ BOK£N ~'[etary Public, State of New York N~. 52-034,:~63, Suffolk County C~mm'~ssion Expires March 30, 19/.j5 NOTICE OF HEARING PLEASE TAKE NOTICE that a public hearing will be held by the Town Board of the Town of SoUthold on the llthday of May . 1971, at the Supervisor~s Office, 16 South Street, Greenport, New York at 3:00 o~clock, P.M. of said day upon the mai/er of the application of Long Island Lighting Company requesting the granting of a right, franchise, permission or consent for the use of the streets, highways and public places of the Town of Southold or any part thereof or the space above or under them or any' of them for t~e purpose of erecting, maintaining and operating electric and gas facilities. Dated: April 20, 1971 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD ALBERT W. RICHMOND TOWN CLERK Albert Ri /~ Te~ Cl~k Direct Dial Number: LONG ISLAND LIGHTING COI~PANY 1650 ISLIP AVON U E · BR ENTWOO D, NEW YORK 11717 348-6167 June 2, 1982 Town of Southo!d Town Hall 5309~ Main Road Southold, New York 11971 Att: Town Clerk Gentlemen: Attached is communication from the Public Service Commission, State of New York, ratifying our~F~ franchise agreement. ~/~c~-~t~- The transmittal is self-explanatory. Very truly yours,, Perry/D. Hatch Seni6r Negotiator Real Estate PH/d Attach. % F'C-4587.4-$S LONG [~LAND L[GHT[,NG; EXECUTIVE OFFICES: 2.50 OLD COUNTRY ROAD ' MINEOLA, NEW YORK 11501 EDWARD M. BARRETT GENERAL COUNSEL FRANCIS M. ~]ALSH GENERAL CLAIm, S ATTORNEY HERBERT M. LEIMAN ASgiSTANT GENERAL COUNSEL CALVIN E. RAFUSE. JR. ASSISTANT GENERAL COUNSEL [518] 228-2890 DIRECT DIAL NUMBER (516) 228-2049 May 20, 1982 JAMES J. STOKER Ill ROBERT C. RICHARDS ARTHUR O. FUNN ROY E. MONACO RICHARD A. FREEDMAN JEFFREY L. FUTTER WILLIAM R. HUMBURG MAIDA ORINGH~R LERNER* FRANCIS J. McDONOUGF4 TIMOTHY M. DONOVAN RICHARD A. VISCONTt VICTOR A. STAFFIERI ATTORNEYS Hon. Samuel R. Madison Secretary Public Service Commission Three Rockefeller State Plaza Albany, h~ 12223 *WASHINGTON. D. C OFF~CE t200 SEVENTEENTil ST N.W 20036 SEVENTH FLOOR Re: Ratification of Electric Franchise Granted By Town of Southold Dear Mr. Madison': In accordange with our prior correspondence and discussions with John Crary, enclosed is a Motion for Expedited Proceeding under 16 NYCRR 21.8, together with the accompanying Petition, etc., for the ratification, by the Co~ission of the above-identified Franchise. As we explained to M~. Crary, we thought it appropriate to eliminate from the Petition exhibits containing the information apparently required by ~21.3 (i.e., population of territory, description of plant, estimates of revenues, etc.). It appeared to us, and we understand Staff concurs, that this information is more referable to a proceeding to ratify a "new" franchise where the applicant seeks to operate in a territory for the first time. in the case of the subject franchise, by contrast, we or our predecessor companies have had the benefit of prior franchises from this municipality for many years, and there is no essential change in our status.. We therefore respectfully request that the Commission, in considering and acting upon this Petition, issue an administrative interpretation of 16 NYCRR Part 21, to the effect that the information described in §21.3 need not be supplied in the case of the subject franchise, for the reasons hereinabove set for th. LG, NG ISL/:sND LIGF'~T[NC-.-.-, CO~ ,gfXty 2 Please do not hesitate to let us know if there is any further information the Commission may require. Thank you for your cooperation. REM/p ag Enct.. cc: John C. Crary, Esq. Very truly yours, Roy E. Monaco STATE OF NEW YORK PUBLIC SERVICE COMMISSION In the Matter of the Petition of LONG ISLAND LIGHTING COMPANY~ under Section 68 of the Public Service Law, for permission and approval to exercise the Electric Franchise granted to the Petitioner by the Town Board of the Town of Southold, in Suffolk County, New York. X MOTION FOR EXPEDITED PROCEEDING UNDER 16 NYCRR 21.8 STATE OF N~ YORK ) : SS.: COUNTY OF NASSAU ) TO THE PUBLIC SERVICE COMMISSION: LONG ISLAND LIGHTING COMPANY, by EDWARD M~ BARRETT, its General Counsel, hereby moves~ pursuant to 16 NYCRR 21.8, for. an expedited proceeding by the Commission on the accompanying Petition by LONG ISLAND LIGHTING COMPANY for approval and ratification by the Com~nission of the electric franchise granted by the Tovn~ of Southold as described in said Petition, and that oral testimony and formal public hearing be waived. In support of said motion, it is alleged and affirmed: 1. A copy of this Motion and the accompanying Petition have been duly served on the Town Clerk of the Town of Southold. 2. Also served on the said Tovm Clerk was a copy of the Public Notice required to be published by 16 NYCRR 21.8(3). There is attached to this Motion a further copy of said Public Notice. 3. Upon the completion of publication of said Public Notice, there will be filed with the Commission an Affidavit of Publication attesting to the due publication of the Notice. WHEREFORE, LONG ISLAND LIGHTING COMPANY respectfully moves for an expedited proceeding herein, without oral testimony and formal publichearzng,' and for such other and further relief to which it may be entitled. Respectfully submitted, EDWARD M. BARRETT, ESQ. General Counsel LONG ISLAND LIGHTING COMPANY 250 Old Country Road Mineola, New York 11501 By_ RoyA E. Monaco Of Couns el (516) 228-2049 Sworn to before me this ]D~6.~day of May, 1982. PHYLL!S A, GRO~%~NG~R NOTARY p' ' UBLI~, State of New No. 4574005 Qualified in Suffolk Coun~ Commission ~pire~ ,Mtarch 30, i 2. STATE OF NEW YORK PUBLIC SERVICE COMMISSION In the Matter of the Petition of LONG ISLAND LIGHTING COMPANY, under Section 68 of the Public Service Law, for permission and approval to exercise the Electric Franchise granted to the Petitioner by the Town Board of the Town of Southold, in Suffolk County, New York. X PUBLIC NOTICE NOTICE IS HEREBY GIVEN: That LONG ISLAND LIGHTING COMPANY, 250 Old Country Road~ Mineola, New York, has applied to the New York Public Service Commission for its approval and ratification of an electric franchise issue~ to LONG ISLAND LIGHTING COMPANY by the Tovm of Southold, Suffolk County, New York, for a term expiring June 229 2021. LONG iSLAND LIGHTING COMPANY has requested that the Commission conduct an expedited proceeding on this matter, and that the application be heard by the Commission on the basis of the Petition and the Exhibit attached thereto, and that oral testimony and formal hearing be waived° Any person opposed to the granting of said franchise should, within ten (10) days after this Notice is published, notify the Commission in writing of the reasons for such opposition, at the following address: Secretary of the Public Service Commission Agency Building 3 Rockefeller State Plaza Albany, New York 12223 Dated: Mineola~ New York May~m, 1982 2 STATE OF NEW YORK PUBLIC SERVICE COMMISSION In the Matter of the X Petition of LONG ISLAND LIGHTING COMPANY, under Section 68 of the Public Service Law, for permission and approval to : exercise the Electric Franchise granted to the Petitioner by the Town Board : of the Town of Southold~ in Suffolk County, New York. X PETITION TO THE PUBLIC SERVICE COMMISSION: Petitioner, LONG ISLAND LIGHTING COMPANY, hereby makes application under Section 68 of the Public Service Law for permission and approval of the Public Service Commission to exercise an electric franchise granted to the Petitioner by the Town Board of the Town of Southold, Suffolk County, New York.' In support of this application, Petitioner, LONG ISLAND LIGHTING COMPANY, states: FIRST: Petitioner is a gas and electric corporation organized and existing under and pursuant to the Transportation Corporations Law of the State of New York and has its principal office at 250 Old Country Road~ Mineola, Nassau County, New York. Petitioner was incorporated on Decemb'er 31, 1910, with the authority to produce and sell gas and electricity, and the term of its corporate existence is perpetual. Certified copies of the Certificane of Incorporation of Petitioner and all amendments thereto are on file wi~h the Commission, and are incorporated herein by reference. SECOND: .Petitioner, for many years, has been furnishing electricity to the inhabitants now included within the. boundaries of the said Town of Southold, pursuant to franchises and consents duly issued.by the Town Board of the Town of Southol d~ THIRD: Petitioner is now the only public utility supplying electricity within the To~ of Southold in Suffolk County, New York~ FOURTH: On June 22, 1971, the Town Board of the Town of Southold granted the Petitioner an electric franchise folIowing a public hearing, notice of which was duly given by publication in· an official newspaper in accordance with the requirements of the To~ Law of the state of New York. The term of the said franchise is for a period of fifty (50) years, com~nencing June 22, 1971. A copy of the said franchise, and of the Company's acceptance thereof, together with the certification of the Town that the same are true copies of the originals, and that the said franchise was granted in compliance with the applicable provisions of the Town Law, is hereto annexed and made a part hereof as Exhibit 1~ FIFTH: Said electric franchise contains a provision requiring a written acceptance by the Petitioner before it becomes effective. As is stated hereinabove, the Petitioner, by its duly authorized officer, has duly executed and filed with the Clerk of said Town of Southo!d a ~itten acceptance of said electric franchise, accepting and agreeing to comply with all the terms and conditions thereof. SIXTH: Petitioner hereby confirms that the Petitioner has received all consents required by law fr'om the proper Municipal Authorities in the case of the said electric franchise. SEVENTH: There is a public need for the continuation of the electric service now rendered by Petitioner within the Town of Southold and Petitioner is able and willing to continue to provide such service under and pursuant to the subject franchise. WHEREFORE, in accordance with Section 68 Of the Public Service Law, Petitioner respectfully prays for the permission and approval of the Public Service Commission of the State of New York to exercise the rights and privileges granted to it by the said Town Board of the Town of Southold; andy further~ that the ratification, permission and approval of the Public Service Commission herein prayed for be made retroactive to June 22, 1971, the effective date of the said franchise as hereinabove described; and for such other and further relief as is deemed necessary and proper. Mineo!a, New York May ~, 1982 Dated: Respectfully submitted, LONG ISLAND LIGHTING COMPANY Senior Vice President STATE OF NEW YORK ) : SS.: COUNTY OF NASSAU ) FRANK C. MACKAY, being duly sworn, deposes and says: deponent is a Senior Vice President of Long Island Lighting Company~ a New York corporation, Petitioner herein; deponent has read the foregoing Petition and knows the contents thereof; and the same is true to deponent's own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters deponent believes it to be true. This verification is made by deponent because Long Island Lighting Company is a corporation and deponent is an officer thereof~. FRANK C. Sworn to before me this ~o~%~day of May, 1982. J~HYLL~S A. ~RO~Z~,NG~R NOTARY PUBLIC, S~cte of New Yo~ No. 4674005 At a regular meeti~ of the To~ Boax~d of the TO'~'~% of $~thoid~ Coun'~y of ~uffo~ State of Hew. h~td at the o~ice of ~ ~n~ Board in T~n Hal!~ ~{~n $~o!d~ ~w YOrk~ on the .~2nd da(~~ Of June 19~4 a ~,~ ~emoers of the s~d Bo~d r~o~io~m weP~ duly %[~S~ ~ng Isi~.d Lighti~C~¢~ has b~.~n r~e.~y to the Totem of .~huid ~d its ~~%S~ a notice of public hea~ on ~p~aatiun for said electric f~a, nchise has been du~ ~ P~eation in the o~ficiaI ~wspa~r of ~e T~wn of Southold at least ten (10) days b~fors ~he ssJ. d pubic ~, wa~ held on May 11 ~ !971~ all pursuant to tiOn 64~ Subdivision 7 of the Towu~ Law of the State Of S~tho!d is of the ~ini~n that ~uch ~Uei~~ ~~ ......... ~ DE IT ~,.~,~ ~u.d ~Onsent for the use of the st~ee~ highways ~,~ ~hem~ or a~ them~ fA the To~ o~ Sout~eld ~ '"~ ~icipal autho.ri'~ies of s~d To~ ~ud her~b~, een~en~$ that ~e~,~ Co~r~z ~ay exerc!~e t,~e powers ~ ~ anspoPo~tion Co~%oOrations ~w~ as ~d for ~s electric fr~ahise~ sA1 for a period of r~~-{~ years from the date of the resolution~ ~~ (i) tna~ such powers shall be subject to such reasonable re~tions ~s_~_~'v be p~erib~d by t~e T~ Bo~Vd~ (2) tk~t ~ pipes~ conduitm~ po!es~ i~ ~ proper work~m~ike ~o~er~ ~d (3) that the said L~ !~l~ t~ting C~s~ ~mzl a~ ail tims~ zn~e~zy' ~ ~ ..... s~ and all ae%io~ ~d ~i~%e~ee of %%s fa-eighties ~q a~.. o.~ the s~=~"~ ~ ~ ~ne ~ of tD~ ~solution~ sh~l file its ~e~,~e thereof %~%%h the Town Cle~k~ Of ~ho TO~ of,~oue · ~,~o.~.d ~ ~ Cou~y Of ~i ~.o~,~ State of ~q~ ~O1~ O~.~St~.D~ of Albert M. Martocch~a~ Howard C. Valentine James H. Rich, Jr. -3- have here~nuto affixed their rea~eative sign~Icurss amd th~ To~ Clerk has ~t~s~ed~ ~ ~ ~n~"~ s~ and e~f~d, the Sssl of ~he To~ hereto this 9th d~ Of LONG iSL~N~ LIGHTING CO~{PAI~' ACCEPTANCE OF ELECTRIC FRANChiSE TO Th?, T0%~{ BOA'f.~ OF TLff'E TO~JN OF SOUTHOLD COUNTY OF SUFPOLJe~[~ NEW YOPd(. L0!~G ISLa2_,~ID LiGidTING COMPAi~PZ~ for itseif~ its successors and assigns~ hereby :accepts the Electric Franchise granted to it by the resolution of the Town Board. of the Town of Southoid~ adopted on the 9th day of July~ !97i~ according to all the terms and conditions ~_.ereo~ and hereby agrees to comply with .said te~.ns and condi'tions~ said Franchise being roi? a te~m of Fifty (50) years from and after July 9~ !97!~ LONG iSL~ LIGh~f!NG COMPA:}Tf Dated: Septe~ser 2~ 1971 (Corporate Seal) ATTEST: Jolom. J. Kearney; Jr. Secreta~~ ~HARLES R. 'PT Charles R~ Pierce Senior Vice President / STATE OF NE~v[ YORK ) COUh?~f OF NASSAU ) SS~ : On the 2nd day of September~ 1971~ befoz'e me ~ersonaily came CP~RLES R o ~T'~'~ ' ~ ~~ to me Imnown~ who~ being by me duly sworn~ did depose_ _a,-mn ~ say that he resides at 2! Wayside Lane~ Lloyd Harbor~ New York~ that he is a Senior Vice President of LONG ISLA~ LIG~ING C0~.~A~h"~ the co~oration d~r~b~ in and which executed the foregoing Accep~a~_ce of ..... ~rancnzse~ that he knows the seal of said co~oration; that the seal af~_xed to the ~oregomng in~ st~ment is such co,orate sea!~ that it was so affixed by order of the Board of Directors of said co~poration~ ~ud that he signed his nsm~e thereto by like order, ~O~G~ SKON G~OEG~ SKON NO]ARY PUBLIC, Sfafe of New York No, 30-9036350 Term Expires M~rch 30, i972 July 13, 1982 4 To.- J.J. Rofrano From: Roy E. Monaco Re: New Gas Franchise, Town of Southold I have received a copy of the new Town Gas Franchise obtained by Perry Hatch. I now enclose the usual Acceptance, which must be signed by Mr. Mackay and filed with the Town, in order to complete the proceeding. Please note that our Acceptance must be dated and filed prior to July 18. Please ask Mr. Hatch to obtain at the same time a Complete Copy of the Franchise Resolution, certified as accurate by the Town Clerk, for use in ~applying to the PSC for ratification. REM/pag Enc. cc: P. D. Hatch H. Mo Leiman LONG ISLAND LIGHTING COMPANY 1650 ISLIP AVENUE BRENTWOOD, N.Y. 11717 March 31, 1971 Mr. Albert 2ichmond, Town Clerk Town of Southold Main Street Southold, New York Dear Mr. Richmond: Enclosed you will find the original and two copies of a Petition and proposed Electric Franchise which we are filing with you this date. Since our existing Franchise is ~heduled to expire on July 30, .1971, we are asking that you place this matter before the Southold Town Board at your earliest convenience in order that the appropriate steps may be taken in the renewal of this Franchise. Thank you for your kind cooperation. Very truly yours, LeRoy/i~atters on, i Lan ager Right-of-Way & Real Estate LP/ir PDH Attach. cc: Mr. Albert ~'~rtocchia, Supervisor Mr. Robert Tasker, Town Attorney AN/AIVESTOR-OWIV~D. ;"AXPA Y/NG COMPANY FC-4587.2-$S TOWN OF $OUTHOLD SUFFOLK COUNTY, NEW YORK In the Matter of the Petit~ion of LONG ISLAND LIGHTING COMPANY for the granting by the Town Board of an electric franchise pursuant to the pro- visions of Subdivision 7 of Section 64 of the Town Law. TO THE HONORABLE TOWN BOARD OF THE TOWN OF SOUTHOLD: Petitioner, LONG ISLAND LIGHTING COMPANY, hereby makes application for the granting by the Town Board of an electric franchise pursuant to the provisions of Subdivision ? of Section 64 of the Town Law. In support of this applica- tion, Petitioner states: 1. Petitioner is a gas and electric corporation organized and existing under and pursuant to the Transportation Corporations Law of the State of New York and has its principal office at 250 01d Country Road, Mineola, Nassau County, New York. Petitioner was incorporated on December 31, 1910, with authority to produce and sell gas and electricity, and the term of its corporate existence is perpetual. 2. The electric franchise heretofore granted to Petitioner by the municipal authorities of the Town of Southold will expire on July 30, 1971. 9o Petitioner has been furnishing electricity to the Town and its inhabitants for many years and does so at the present time. 4. Petitioner is the only person, firm or corporation supplying electricity within the unincorporated areas of the Town of Southold. 5. Petitioner desires to receive the formal con- sent of the Town Board to continue to serve electricity for a long term in all areas of the To~u~ under the Jurisdiction of the Town Board. WHEP~EFORE, your Petitioner respectfully requests the Town Board, after due publication of notice and hearing thereon, by appropriate resolution, to grant, pursuant to Section 64, Subdivision 7 of the Town Law of the State of New York, to Long Island Lighting Company, a gas and electric corporation org~uized and existing under the Transportation Corporations Law of the State of New York, and to its successors ~d assigns,' the right, franchise, permission and consent for the use of the streets, highways and public places or any part thereof, or the space above or under them, or any of them, in the Town of Southold which are now or may hereafter be under the control of the municipal authorities of said Town, and to consent that Long Island Lighting Company may exercise the powers set forth in Section ll of said Transportation Corpora- tions Law, as and for an electric franchise, all for a period of ninety-nine (99) years from the date of the resolutions pr.0vid.?d~' (1) that such powers shall be subject to such reasonable regulations as may be prescribed By the Town Board; (2) that all pipes, conduits, poles, wires, appurtenances and fixtures shall be installed and maintained in a proper workmanlike manner; and (3) that the said Long Island Lighting Company shall at all times indemnify and save harmless the said Town and the members of the said Town Board from and against any and all actions, suits, damages, costs, charges and expenses by reason of the location and maintenance of its facilities in 8~uy of the streets, highways and other public places, or by reason of any act done or omitted to be done in the premises by said Long island Lighting Company; and provided further~ that this consent Shall not be deemed exclusive, nor shall it become effective unless a~ud until Long Island Lighting Company, within sixty (60) days from the date of the resolution, shall file its written Acceptance thereof with the Town Clerk. Dated: March 29 , 1971. EDWARD M. BARRETT General Counsel for Petitioner 250 01d Country Road Mineola, New York llSO1 LONG ISLAND LIGHTING COMPANY Vice President ~? -3- STATE OF NEW YORK COUNTY OF NASSAU ) FRANK C; M~CKAY, being duly sworn, deposes and says that he is a Vice President of Long Island Lighting Company, the Petitioner named in the foregoing Petition; that he has read the said Petition and knows the contents thereof, s~nd that the same is true to the knowledge of deponent except as to the matters therein stated to be alleged on information and belief~ and as to those matters he believes it to be true. Subscribed and sworn to before me this 29~h day of March 1971. LeRO¥ 'PATTERSON '~ Not~:*y Pub!,~c, ~t~ of New Yo~ '~ -4- ~JFFO~ ~UNTY, ~ Of ~he OF ~ ~ OF Petiti~ner~ ~ ISLAND LIGHTI~ C0~ANY~ hereby m~kes appliea~i~n for the granti~ by the Town Boa~ of an electric franchise pursuit ~ the p~visions of ~ubdivi~i~n I. ~i~ioner i~ a g~ ~d eiee~ric co~ora~ion orgar~zed ~d eXi~ti~ under ~nd p~u~t to th~1 Transpiration Co~or~io~ ~w ~f the EraSe of ~w ~ork ~na has its prineip~ offic~ at 2~ Old Count~ Ro~d, Mineola, Nassau County. New York. Petitioner w~ inco~orated on Dec~ber 31~ 1910~ ~ ~uthori~y ~o ~r~uce ~d sell gas ~nd e!ee~rici~y, ~d the ~e~ of it~ co,orate e~i~tenee is pe~e~. ~. The eleet~e franchise heretofore granted ~o Pe~i~ione~ ~y the ~eip~ ~uthe~tiem Of ~he T~ of $outhOld will e~ire ~n Ju~v 30, 1971. ~ P~i~i~ner i~ ~ only per~ fi~ ~r ~o~tion ~pp ~lec~ricity '~_~ the ~s ~f ~e Town of d. Co iOnS Law of ~e $$~e of New Yo~ ~ ~~ ~-et 'for~ i~ Sec'%i~ 1t of s,~id T~o~a~io~ the ~ L~ March a~ ~w Y~rk ~ %~is 29th ~.~ ~f March ./ 8/7/96 - Ed Dart of the Tree Committee suggests that when the franchise is up for renewal, in the year 2021, we add a clause in the agreement with regard to trimming trees. He feels that they are being hacked up unnecessarily. ~he TO~ Bo~ of ~he To~ of New Yo~ doe~ here~y gr~ purs~ tO ~bdl~ision T of the T~ Law Of ~ Is~d ~ti~ C~~ a gas ~d el~~ ~~e~ be ~der the ~~1 of ~ori~es of S~d To~, ~d he~ ~t~ C~~ m~ exe~i~ %~ ~e~ that ~uoh power~ shall Be of S~ld~ C~nty of $~fo~ eo~isti~ Of Albert M. Martocchia Howard C. Valentine James H. Rich, Jr. -3- T~ Cle~ ~s ~tes~d the ~e ~d ~f~d ~e ~f~ ~e T~ h~ this 9th d~ ef July , 19~- 1t MEETING NOTES - ED DART Bob Berner - LILCO - July 17, 1995 Forester 824-2030 pager Transmission System: may be 23KV, 69 KV or 138KV, uninsulated - 2 lines in Southold Town Contact person: Bob Berner 1. Rte. 48 69 KV - Orient to Riverhead 2. Tower System 23KV - off road over fields, etc. Pruning Objective: 25' clearance (see LILCO spec. sheet) Notice footnote ~4 states that if 25' is not practical, to then achieve 15' vertical and 10' horizontal clearance. Overhanging branches are not permitted in any case above transmission lines. Utilize 7-10 year prune cycle. Mr. Berner states that in the current pruning project of the Rte. 48 69KV line that they are achieving approxi- mately 70% of the 25' clearance objective, generally adequate bottom clearance but less than desirable (in his view) to the sides. Mr. Berner pointed out that on a hot day under heavy load demand conditions that trans- mission lines may sag 8'-10' mid-span. Mid-span trees are pruned more severely. Mr. Berner further stated that citizen complaints are understandably higher because of the fact that Southold's 69KV line runs along a main thoroughfare where it is more noticeable by observers inclined to voice their concerns. The current contract with Lewis Tree Service to prune the 69KV line does not include a provision for the complete removal of trees, only to prune to obtain 25' clearance. A less unattractive job might result if many of the trees underneath the wires were removed entirely rather than left standing in a severely pruned and disfigured state. Distribution System 13.2KY insulated conductors Rte. 25 and most secondary roads in Southold. Contact Person: Mickey Santengelo, Line Clearance Superintendent - Riverhead yard - 548-7083 Services North & South Forks Pruning ObSective: Ideal is 3 year trim cycle Island-wide objective. Prune 120 worst circuits on Long Island each year. In 1995, there was one in Southold Town on the Soundview Avenue vicinity. This was pruned in February, 1995. (1) Desired clearance for distribution circuits: <6' 6') Mr. Berner stated that this clearance is seldom achieved or the 3 year prune cycle ever accomplished. Authority LILCO's authority to trim the trees is granted to them in their Franchise Agreement with the town. It grants them the authority to trim trees on town-owned land within the town. QueStions: When does LILCO's franchise agreement with Southold come up for renewal, if ever? By what authority do they prune along State Rte. 25 and County Rte. 48? Considerations for future franchise renewal e Request advance notice of pruning projects to be performed in Town. Set up a plan/partnership with LILCO to shape our young trees. Evaluate cross arm usage - prohibit use of cross arms in any new construction - use pin insulators instead - encourage replacement of existing cross arms with pin insulators · Mandate minimum slack in conductors Maximum line clearances Transmission - 15' Primary - 6' Secondary - 3' LILCO Municipal Liaison - Martin J. Mularkey 348-6379 (2) LONG i o~i~D LiG.u~I~,G COMPA~f LONG !Sight\rD LIGHTING COMPAFf~ for itseif.~ its successors and assigns~ hereby accepts the Electric Franchise granted %o it by the resolution of the Town Board of the Town of Southotd.~ adopted on the 9th day of Juiy~ i97i~ according to all the terms and conditions thereof~ and hereby agrees to comply with .said terms and conditions~ said Franchise bein~ for a te~ of P~_fty (50) years from and. a.~ter July 9~ 19Ti.~ COMPANY Dated: September 2~ 1971 (Co,~orate Seal) ATTEST: Joh.~ J. Keaniey¥ {2 Secretary By: Charles R. Pierce Senior Vi ce STATE OP h~$[ YO~ COUB~Yf OF I~A~SSAIi' ) 0n the 2nd day of September~ i971~ ~ ~' ~ O~ e me ~ersonal!y came CHARa.~S R PIERCE~ ~o me known~ who~ being by me duly sworn.~ did depose and say that he resides, at 2~ Wayside Lane~ Lloyd Ha~bor~ New Vork~ that %~ is ~ - ~,~ a Senior Vice President o{~- ~'~,= IS~%ND LiGB~iNG CONPA}PZ~ ~ the ~o~ora~ion d~o~,ea in and wnme~_ executed the foregoing Acceptance of Franchise} that he knows the seal of said corporation} that the seal affixed to the foregoing in~ str'~ent is such corpo~:~ate seat~ that it ~,,~-as~ so ~_~_~.~.~-~--~,~ by order of the Board of Director-s of said corporation~ and +~ ~ ~na~ he signed his name thereto by like order. At a regular meeting of the Town Board of the .Toyota of Southold~ county of *-~-~ ' ~.~. of Now York~ o~.~ce (~. the Board in Town Halt~ Main Road~ '~outhold~ New York~ on %Ne 22nd day of June i971~ a majority of the Lmn'bers of the said Board being Pmesent and voting therefor~ the -~ ~ . ' ~ot_~.owing Preambles and .resolutions were duly adopl:ed: .... ~z ~:4.y has b~n .2urn~sh~ng electricity to i,h,~ Town of o~,.~, habitants um]e~ and Pu~,t~4:~ to a franchise and consent h~,re~o~ore g~anted by the Town Board on ~' - %he onl~ pez'son, firm or coi?,oFa%ion within the uninc ..... ~ ........ ......... -awn of Southo!d~ and Island Lighting CoNoaz~y .... ~, ~ -,the sa~d Long "'. - tinuiris to fuz'n' ~' and its i~abitants~ and has ,.~ ~. · .'- m~.o.o a,pPlzcation to the Board of the Town of o .... =~ .... on the ~-~"- -,~--. for sa2d eiectPic franchise has ~ .~ a .... on in ~'-~ ~ .... ~ .... ~. newr:p,?.por of tho' %'or,al of ~;!~as held on May .1i ~ i97!~ ail pursuant to Sec- tion 64] Subdiv£sion 7 of the Town Law of the State of New York;. and ~'~EREAS~ the Town" ~' ' Bo~ra of the said Town of 'Southo!d is of the Opinion that such. an electric ~r~chxse~' ~ ~hou!d be gran%ed on the terms and conditions hereinsm~ter set forth NOW~ THERFiI~Ot~E~ I~E IT RESOLVED~ That the Town Doard of the Town of Southold~ .~Suffo!k County~ New Yo~k~ does hereby grant~ pursuant to ."Sect~°n 64~ Subdivision 7 of the Town Law of the State of ~o~, ~ to Long~ Island ~,.~f~hting Co~(0a~%v~ a gas ~un~ "elec- :'trio coz~ooration organized and existing unde.r the Trans,~ portation Co~poratior~ ..... Law of the. f;ta~,a~', of ~,~ew York~ and to its su~cessors and asr;:~f~s~ the rif~ht~ f~:anchise~ per- ~ssion a~ad consent for the use of~.~'~.~ streets~ hmgn~s' ' ,,-~v and ~Inder them~ or any of them~ in %he '~ ,.,, ~-~ . ~ ~ - ~o~,~ ~,: Southoid which are now or may hereafter be under the control of the municipal s?athorities of said Town~ and hereby consents that ~ng Island L_~t~nm uo~'psny may exercise the powers set f ~ orzh in~.~-ion,.. I1 of said Transportation Corporations Law., as ~d for an oloctr~0 ~,~u~q-~.~.~;c~ all for a pariod of [~~~(~..v,~rs~. :~rcm~ ~ t}~c~ dar,? o~' the resolutions.. p~ovided.~ (1) that such powers shall be subject to such reasonable regulations as may be prescribed by the Board~ (2) that all pipes~ conduits~ poies~ wires~ appurtenernees and fixtures shall be installed and maint~ned mn a proper workmanlike manner~ and (R) ~ ~a~ L~&~-~zno do,,pan~ shall at all times inde~if'y and save ha~d. ess the~ said Town and the members of 'the said Tovs~ Board from and ~ ' ~ ~oa.~,~6 any ~d all actions~ suits~ d~mages~ costs~ charges and expenses by reason of the location m~nten~ee its f~,-~ ~ ~ highv~sfO/s and o~her publ.~lc plac. cs~ oP by reason of a~ act ~dene or omit%ed to be done by said Len~6 island Li~rhinS ~Co~vare~; and p~evided fuPthc~,~ ~ ~ d~.~ consent shall not ,be'deemed e. xciusive~ ,nor shall it become e ...... ~ and until · ~ ' ~-~eno island Ai6htinS Company~ within sixty (60) Accemt~%~ thereof ~.,~='~ the C !}~ %~TNESS ~'H-lll}e]OP~ the members o~ ~ne To?,z Board of ta~ To~.,m of So,~ho~' '_ ...... ao.~ County of Su~otk~ State of ~ consisting of Albert M. Ma, rtocchia ~ SupervisoP~ Howard C. Valentine · ~. i{ich~ Jr. Con}ac -3- 'Thaw: hereunto affixed their re~pe~t~w, sign.a, tuz~es the Town C~,e~-k~ ......... has 'attested +~ same and a:fz:ed" ~ "the seal of the Totem hereto this 9th cay bf 1971 (Town Seat) ToWn' Counci !man STATE OF NEW YORK PUBLIC SERVICE CO~{ISSION X In the Matter of the : Petition of LONG ISLAND LIGHTING COMPANY, : under Section 68 of the Public Service Law, for permission and approval to : exercise the Electric Franchise granted to the Petitioner by the Town Board : of the To~cn of Southold, in Suffolk County, New York. : MOTION FOR EXPEDITED PROCEEDING UNDER 16 NYCRR 2!~8 STATE OF ND~ YORK ) : SS.: COUNTY OF NASSAU ) TO THE PUBLIC SERVICE COMMISSION: LONG ISLAND LIGHTING COMPANY, by EDWARD M. BARRETT, its General Counsel, hereby moves, pursuant to 16 NYCRR 21.8, for an expedited proceeding by the Commission on the accompanying Petition by LONG ISLAND LIGHTING COMPANY for approval and ratification by the Commission of the electric franchise granted by the Town of Southold as described in said Petition, and that oral testimony and formal public hearing be waived. In support of said motion, it is alleged and affirmed: 1. A copy of this Motion and the accompanying Petition have been duly served on the Town Clerk of the Town of Southold. 2. Also served on the said Town Clerk was a copy of the Public Notice required to be published by 16 NYCRR 21.8(3). There is attached to this Motion a further copy of said Public Notice. 3. Upon the completion ofL publication of said Public Notice, there will be filed with the Commission an Affidavit of Publication attesting to the due publication of the Notice. WHEREFORE, LONG ISLAND LIGHTING COMPANY respectfully moves for an expedited proceeding herein, without oral testimony and formal public hearing, and for such other and further relief to which it may be entitled° Respectfully submitted, EDWARD M. BARRETT, ESQo General Counsel LONG ISLAND LIGHTING COMPANY 250 Old Country Road Mineola, New York 11501 Roy E. Monaco Of Counsel (516) 228-2049 Sworn to before me this ]p~6~day of May, 1982. NOTARY PUBLIC, State of New No. 4674005 O~ualified in Suffo[~ Coum%, Commission Expires March 30, !2 2 STATE OF NEW YORK PUBLIC SERVICE COMMISSION X In the Matter of the Petition of LONG ISLAND LIGHTING COMPANY, under Section 68 of the Public Service Law, for permission and approval to exercise the Electric Franchise granted to the Petitioner by the To~ Board of the To~.rn of Southold, in Suffolk County, New York. PUBLIC NOTICE NOTICE IS HEREBY GIVEN: That LONG ISLAND LIGHTING COMPANY, 250 Old Country Road, Mineola, New York, has applied to the New York Public Service Commission for its approval and ratification of an electric franchise issue~ to LONG ISLAND LIGHTING COMPANY by the Town of Southold, Suffolk County, New York~ for a term expiring June 22, 2021. LONG ISLAND LIGHTING COMPANY has requested that the Commission conduct an expedited proceeding on this matter, and that the application be heard by the Commission on the basis of the Petition and the Exhibit attached thereto, and that oral testimony and formal hearing be waived. Any person opposed to the granting of said franchise shou!d~ within ten (10) days after this Notice is published, notify the Commission in v~iting of the reasons for such opposition, at the following address: Secretary of the Public Service Co~nission Agency Building 3 Rockefeller State Plaza Albany, New York 12223 Dated: Mineola, New York May~, 1982 2 STATE OF NEW YORK PUBLIC SERVICE COMMISSION In the Matter of the X Petition of LONG ISLAND LIGHTING COMPANY, under Section 68 of the Public Service Law, for permission and approval to : exercise the Electric Franchise granted to the Petitioner by the To~nn Board : of the Town of Southold, in Suffolk County, New York. : X PETITION' TO THE PUBLIC SERVICE COMMISSION: Petitioner, LONG ISLAND LIGHTING COMPANY, hereby makes application under Section 68 of the Public Service Law for permission and approval of the Public Service Commission to exercise an electric franchise granted to the Petitioner by the Tov~ Board of the To~ of Southold, Suffolk County, New York. In support of this app!ication~ Petitioner, LONG ISLAND LIGHTING COMPANY, states: FIRST: Petitioner is a gas and electric corporation organized and existing under and pursuant to the Transportation Corporations Law of the State of New York and has its principal office at 250 Old Country Road, Mineola, Nassau County, New York. Petitioner was incorporated on December 31, 1910, with the authority to produce and sell gas and electricity, and the term of its corporate existence is perpetual. Certified copies of the Certificate of Incorporation of Petitioner and all amendments thereto are on file with the Commission, and are incorporated herein by reference. SECOND: Petitioner, for many years, has been furnishing electricity to the inhabitants now included within the boundaries of the said Town of Southold, pursuant to franchises and consents duly issued by the Town Board of the Town of Southold. THIRD: Petitioner is now the only public utility supplying electricity within the Town of Southold in Suffolk County, New Yor k. FOURTH: On June 22, 1971, the Tov~n Board of the Town. of Southo!d granted~the Petitioner an electric franchise following a public hearing, notice of which was duly given by publication in an official ne~.~spaper in accordance with the requirements of the Town Law of the State of New York. The term of the said franchise is for a period of fifty (50) years, commencing June 22, 1971. A copy of the said franchise, and of the Company's acceptance thereof, together with the certification of the Town that the same are true copies of the originals, and that the said franchise was granted in compliance with the applicable provisions of the Town Law, is hereto annexed and made a part hereof as Exhibit 1. FIFTH: Said electric franchise contains a provision requiring a written acceptance by the Petitioner before it becomes effective. As is stated hereinabove, the Petitioner, by its duly authorized officer, has duly executed and filed with the Clerk of said Town of Southold a written acceptance of said electric franchise, accepting and agreeing to comply with all the terms and conditions thereof. SIXTH: Petitioner hereby confirms that the Petitioner has received all consents required by law from the proper Municipal Authorities in the case of the said electric franchise. SEVENTH: There is a public need fo~.¢' the continuation of the electric service now rendered by Petitioner within the Town of Southold and Petitioner is able and willing to continue to provide such service under and pursuant to the subject fr anchi s e. WHEREFORE, in accordance with Section 68 of the Public Service Law, Petitioner respectfully prays for the permission and approval of the Public Service Commission of the State of New York to exercise the rights and privileges granted to it by the said Town Board of the Town of Southold; and, further~ that the ratification, permission and approval of the Public Service Commission herein prayed for be made retroactive to June 22~ 1971, the effective date of the said franchise as hereinabove described; and for such other and further relief as is deemed necessary and proper. Mineola, New York May~, 1982 Dated: Respectfully submitted, LONG ISLAND LIGHTING COMPANY FRANK C~ MACKAY Senior Vice President STATE OF NEW YORK ) : SS.: COUN~f OF NASSAU ) FRANK C. MACKAY, being duly sworn, deposes-and says: deponent is a Senior Vice President of Long Island Lighting Company, a New York corporation, Petitioner herein; deponent has read the foregoing Petition and knows the contents thereof; and the same is true to deponent's o~n knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters deponent believes it to be true. This verification is made by deponent because Long Island Lighting Company is a corporation and deponent is an officer thereof-~ FRANK Co MACKAY J Sworn to before me this ~..day of May, 1982. NOTARy PUBLIC, Stcto of New No. 4574005 C Ouo~;fie~ :n Suffolk Count' ommlss:on ~p;rcs March 30, 19~..' A% a regbktar meeting of ~ke TQ~"~ Board of TO~n Of S~%hold~ Celerity of Suffolk~ State o~ ~ew. Yo~.~ h~i~ at the office of the Board in T~aa '~ ~ ' ~ . . xO~.k~ on the 22nd da~~ of June -' ~9~1~ a~O~-~ ~ ~-~ of the ~e~er,~ a of th~ said Board b~i~ p~s~t ~ud voting 2her~for~ ~ ~ . ~h~ foliowi~ pre~b!~s .~o~tlons w~e duly adopted: _ - %~P~AS~ Lo~ Isi~ud ~uting C~}e~' has been ~_~h~.~~~ ~. under and D~ant to a franchise a~ consent .. hgretofore g~lated by .the To~m Board on J~y 30~ l~l~ and ~thin the V~n~o~orat~d a~as of tho To~. of S~,~%d~ .. --~ nazd by ~s~ud Li~p~tin~ C~aa~~ ~' ~:rxll e~-pire on july ~0 19?1~ s~Id ~ sa~d ~ong Island ~hti~2 Co, any Is ~ ~ ...... ~ ......~ e~ has made application t.o *e~ ~o~-~ ef ~e T~ of S~u.~o.~d for ~ e!ee~ri~ f~'a~c~.se a pe~ed o~ n~~ine {~) ye~rs,~ mud ~I~P&~%S~ e notice of public heariE~ or~ the ~PP~ca~_un for said electric fre~uahise has been d~r given by P~eation in the o~f~ elal newspaper of ~e T~% $o~J~hotd at le~t ten (I0) days Before the said pubic hearing was hold on May 11 ~ 1971~ all pursuant to Sec~ t~O~ o~ Subdivision ~ of th~ Towr~ Law -~9~%~ the To~ Board of the s~id ~P~ORE~ BE IT ~E~ ~i~at the To~n ~ ~ ~ ...~ ....of the Town, of ~uffo~ Coun~. N~ew Yerk~ doe~ helotry gr~t~ ~ ,.~~ te So.ion g4~ Subdivision ? of the ~ .... ~ - ~o:~ Law of the 8t~=~e Of is~.an~ Id~ti~ Oo~a~% a gas ~d ~<~¢~z~, ~,~z ~o~:~..~i~n~ ~: ~'~ ~ ~' Law 0f the State' of l~ew York~ ~iSsion ~ud oonsen% for the use of the streets~ hi~a~s now or ~V be~sf%er be under the control of tha ~- psl a~thorities of $~d To:,~ and he~$~ cor~ents tha~ ~ isls~d ~g~t~ C~m~mly may exercise the powers set for~ in S~ction Il of said Transportation Co~o~tions ~ud for ~ c~ec:~ze frauchise~ ~! for a period ~~~'(~ years f~m tha d~te of the mro¥ided, (i) th~c such powers ~hal! be subject to Such -zea~On~k%~e re~ala~,ions as may be pzeseribed by (2) that of el~.~.~ To~;~ of o~t.h~l%~'- ~ ~ ' County of Su*fo~%~ State of Albert M. Martocchba ue.~Z~=,~,~'~ ~ end Howard C. Valentine James H. Rich, Jr. -3- July , 1971. LONG iSI~t\rD LIGHTING C0~4PANY ACCEP'~ANCE 0F E'LECTRiC FRANCHISs TO T_~ T0~.~KN BOARD OF TPS TO~,~K{ OF SOUTHOLD COUi'~Y OF SUPFOLK~ N~[ YORK. LONG ISi~2~YD LiG}~iNG COMPA~,~-~ for itse!f~ its successors and assigns: hereby-accepts the Electric Franchise granted to it ~by the resolution of the Town Board of the Town J'amy: !971~ according of Southold~ adopted on the 9th day of ~ ~ to all the terms and conditions thereof: and hereby agrees to comply with said temus and conditions~ said Franchise being for a te~m of Fifty (50) years from and. after july 9~ 1971. Dated: Septem?oer 2~ 1971 (Co~porate Seal) ATTEST: John J. Kearney~ Jr. Secreta~~ LONG ISI~ID LIGAEPiNG COMPANY ~HARak~S R. P!~R~, Charles R. Pierce Senior Vice President STATE OF ~^? YORK COUNTY OF NASSAU ) .° SS.: ) On the 2nd day of September~ i971~ before me personally ce~me C~L~% YRLES R. ?IERCE~ ~0 me known~ who~ being by me duly sworn~ did depose _and say that he resides at 21 Wayside Lane~ Lloyd Harbor~ New York: that he-is a Senior Vice President of LONG ISLAND LIGHTING COMPAS~f~ the corporation described in and which executed the foregoing Acceptance of Franchise; that he knows the seal of said corporation~ that the seal affixed to the foregoing in~ stru=ment is such cor_morate seal; that it was so affixed by order of the Board-of Directors of said corporation~ amd that he signed his name thereto by like order. GEORGE SKON NOTARY PUBLIC, Sfafe of New York No. 30-9036350 Qualified in Nassau Cou,~y Term E×p[res Mar~h 30, 1972 LONG iSleD LIGHTING COMPA~Z ACCEPTANCE OF ELECTRIC FRANCHISE TO THE TO~[~N BOARD OF THE TO~,~ OF SOUTHOLD COUR~Y OF SUFFOLK~ tVEW YORK. LONG ISLA~D LIGHTING COMPANY~ for itseif~ its successors and assigns~ hereby accepts the Electric Franchise granted to it by the resolution of the Town Board of the Town of Southold~ adopted on the 9th day of July~ 1971, according to all the terms and conditions thereof~ and hereby agrees to comply with .said terms and conditions~ said Franchise being for a term of Fifty (50) years from and after july 9~ 1971. LONG ISLA~D LIGHTING C0~PAI{Y Dated: September 2~ 1971 (Corporate Seal) ATTEST: ,,;: ........ Jo~ J. Kearne~,~'Jf(~ ~/ Secretary ~ By: Charles R. Pierce Senior Vice President STATE OF ~W YOP~K ) COUIR~Y OF NASSAU ) SS.: On the 2nd day of September~ 1971~ before me personally came CHARLES R. PIERCE~ to me known~ who~ being by me duly sworn~ did depose and say that he resides at 21 Wayside Lane~ Lloyd Harbor~. New York; that he is a Senior Vice President of LONG ISLA~D LIGHTING COMPANY~ the corporation described in and which executed the foregoing Acceptance of Franchise; that he knows the seal of said corporation; that the seal affixed to the foregoing in- strument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation~ and that he signed his name thereto by like order. TO~ OF BOUTHOL~ SUFFOLX C(~JNTY, l~ YOI~ In the ~atter of ~he Petition of LOI IB~D LXG~TX~ C0~Alff I electro ffr~e pu~u~t to the p~-- ~ of the To~n Law, OF T~ TOW~ OF ~: Petitioner, LO~0 XSLA~D LIORTX~ COMPA~Y, hereby makes application for the granting b~ the Town B~ard of an electric franchise pursuant to the provisions of Subdivision ? of Section ~ of the Town Law. In suppo,rt~_~f._th~e-'applica- tion, PetitioneF stateex 1. ~etitioner is a ga~ and electric corporation organized and e~isting under and pursuant to the Transportation Corporations La~ of the State of New York and has itc principal office at 2~0 Old Country Road~ Mineola~ Nassau County, New York. PetLtioner ~as incorporated on December ~1, 1~10, with authority '~o pl~duce and sell gas and electricity, and the term of its corporate existence is perpetual. ~. The electric franchise heretofore ~ranted to Petitioner by t~e 2amicipal authorities of the Town of ~uthold will e~pire ~n ~uly ~0, 1~71. 3, Petitioner has been furnishing electricity to the Town smd its irahabitants for many years mud does so at the present time, 4, Petitioner is the only person~ firm or corporation supplying electricity within the unincorporated areas of the Totem of Southold, 5. Petitioner desires to receive the focal con- sent of the Town Board to continue to serve electricity for a lon~g tez~ in all areas of the To~ under the jurisdiction of the Tovm Board, '~FO~ your Petitioner respectfully requests the Town Board~ after due publication of no'tice ~d hearir~ thereon.~ by p a~propr~ate r ~ ~ ~eoo~utmon~ to grant~ pursuit to Section 64~ Subdivision 7 of the Town Law of the State of New York~ to Long island Lighting Compao~y~ a gas and electric corporation org~i~ed ~d existing under the Tr~usportation Corporations Law of the State of New York~ ~ud to its successors ~d assi~s~~ the right~ fr~uchise~ per~ssioa and consent for the use of the streets~ hi~ways and public places or ao~ part thereof~ or the space above or under them~ or a~~ of them~ i~ the Towu of Southoid which are now or m~ hereafter be under the control of the nrmr~cipa! authorities of said Town~ and to consent that Long !slan~ Li~hti~ Comp~ rosy exercise the powers set forth ir~ Section I1 of said Tr~usportation tions Law, as ~d for~ ~ electric franchise~ all for a period of ninety~-nine (99) years from the date of the resolution; ~~d~z~ (1) that such powers shall be surD jeer to such reasonable regulations as may be prescribed by the Town Board~ (2) that all pipes~ conduits~ poles~ wires~ appurtenances and fixtures shall be installed ~td maintained in a proper workmanlike m~aner~ and (3) that the said Long Island Lighting Company shall at all times indemnify and save harmless the said To~a% and the members of the said Town Board from and against any a~nd all actions~ suits~ dslmages~ costs~ charges and expenses by reason of the location and mainte~%ance o£ its facilities in amj of the streets~ highways smd other public piaces~ or by reason of s~ay act done or omitted to be done in the premises by said Long Isls~d Ligt~ting Compamy~ mud ~vided furthe_r~% that this consent shall not be deemed exciusive~, nor shall it become effective unless and until Long Island Lig/ating Company~ w=thmn sixty (60) days from the date of the resoiution~ shall file its written Acceptance thereof with the To'~m~ Cierk, Dated: March 29 ~ !97!~ LONG iSI~N!} LiG~TI~ Vice President . EDWARD M~ .Bt{RRE{?T General Counsel for Petitioner 250 Old Country Road Mineola~ New York 11501 STATE OF ~W YORX COU~TY OF NASSAU F~&I~I( C, MJ~O~AY~ being duly sworn~ deposes and says that he is a 'Vice President of Long Island Lighting Company~ the Petitioner named in the foregoing Petition~ that he has read the said Petition and knows the contents thereof~ s~d that the ss~me is t~e to the knowledge of deponent except as to the matters therein stated to be alleged on in£ormation ~.d beiief~ and as to those matters he be~.~eves it to be t~e. S'ubscribed and sworn 'to before me +~ 29th dTM ..... . .ay of March 1971. LONG ISLJ: ND LIGHTI NG CON!PANY EXECUTIVE OFFICES: 250 OLD COUNTRY ROAD ' MINEOLA. NLM/ YORK 11501 EDWARD M. BARRETT GENERAL COUNSEL FP, JNNCIS M. WALSH GENERAL CLAIMS ATTORNEY HERBI~RT M. LEIMAN ASSISTANT GENERAL COUNSEL CALVIN E. RAFUSE, JR. ASSISTANT GENERAL COUNSEL [516] 228-2890 DIRECT DIAL NUMBER (516) 228-2049 Hay 20, 1982 JAMES J. STOKER Ill ROBERT C. RICHARDS ARTHUR Q, FUNN ROY E. MONACO RICHARD A. FREEDMAN JEFFREY I.. FUTTER WILLIAM R. HUMBURG MAIDA ORINGHER LERNER* FRANCIS J. McDONOUGH TIMOTHY M. DONOVAN RICHARD A. VlSCONTi VICTOR A. STAFFIERi ATTORNEYS Hon. Samuel Ro Madison Secretary Public Service Commission Three Rockefeller State Plaza Albany, NY 12223 *WASHINGTON, D C. OFFICE 1200 SEVENTEENTH ST N.W. 20036 SEVENTH FLOOR Re: Ratification of Electric Franchise Granted By Town of Southold Dear Mr. Madison: In accordance with our prior correspondence and discussions with John Crary, enclosed zs a Motion for Expedited Proceeding under 16 b~CRR 21.8, together with the accompanying Petition, etc., for the ratification by the Commission of the above-identified Franchise. As we explained to Mr. Crary, we thought it appropriate to eliminate from the Petition exhibits containing the information apparently required by §21.3 (i.e., population of territory, description of plant, estimates of revenues, etc.). It appeared to us, and we understand Staff concurs, that this information is. more referable to a proceeding to ratify a "new" franchise where the applicant seeks to operate in a territory for the first time. In the case of the subjeyt franchise, by contrast, we or our predecessor companies have had the benefit of prior franchises from this municipality for many years, and there is no essential change in our status. We therefore respectfully request that the Commission, in considering and acting upon this Petition, issue an administrative interpretation of 16 NYCRR Part 21, to the-effect that the information described in §21.3 need not be supplied in the case of the subject franchise, for the reasons hereinabove set for th. L~FdG I$t~AND L~GH-T'IN'~_~ CO~/' '~,NY Please do not hesitate to let us know if there is any further information the Commission may require. Thank you for your cooperation. REM/p ag Encl. cc: John C. Crary, Esq. Very truly yours, Roy E. Monaco LONG ISLA, ND LIGHTING COMPAJ Y 1650 ISLIP AVENUE · BR ENTWOOD, NEW YORK 11717 Direct Dial Number: 3 4 8- 616 7 June 2~ 1982 Town of Southold Town Hall 53095 Main Road Southold~ New York 11971 Att: Town Clerk Gentlemen: Attached is communication from the Public Service Commission~ State of New York~ ratifying our~ franchise agreement. The transmittal is self-explanatory. ~~'~H't~ch~'~'Very truly yo~2~ ~eni~r~eg~tiator Real Estate PH/d Attach. F C-4 §87.4 L1BER L - $OUTHOLD TOWN REC0kb-S ....... ELECTRIC F, .~NCHISE LONG ISLAND LIGHTI. .., CO.'JULY 30, 1921