GOVERNOR CUOMO PROPOSING HIKING FINES TO UTILITIES FOR POOR RESTORATION FROM THE CURRENT .02 OF 1%, .04 of 1% OF OPERATING REVENUES, AND EXPRESS EXIT PROCEDURE. FINE UNDER PRESENT RATES: $53.4 MILLION


WPCNR THE POWER STORY. FROM THE GOVERNOR’S OFFICE. AUGUST 24, 2020 with notes by WPCNR:

Governor Andrew M. Cuomo today announced he will propose legislation to hold utilities accountable for failures to effectively respond to future power outages. In response to the unacceptable performance of multiple electric and telecom service providers during tropical storm Isaias, the legislation will increase the current legal limits on penalties and create a streamlined process for revocation of a utility’s operating certificate for recurring failures. 

Currently, penalties related to reliability and continuity of electric service, including restoration following a major outage or event, start at $100,000 or .02 of 1% of annual intrastate gross operating revenue, whichever is greater, for each separate and distinct offense.

Penalties rise to $500,000 or .04 of 1%, whichever is greater, for combo gas and electric utilities in the restoration of electric service following a major outage event or emergency.

(Editor’s Note: Con Edison in 2019 reported gross revenues of $13 billion, 343 Million. ($13,343,000,000). If Con Edison is fined under the present rates for the Isaias restoration performance, the fine would be at .04 of 1% of gross revenues: $53,720,000.

Governor Cuomo had been quoted August 20 in The Gothamist as saying Con Ed could be fined as much as $500,000 for its Isaias restoration efforts.

In 2018, Con Edison and Orange & Rockland power companies were fined $10,750,000 for that outage loudly complained about by officials in Westchester and Rockland. End Editor’s Note.)


“The response by the utility companies to Isaias was unacceptable and it’s even worse that they continue to have such problems during storms and in the aftermath. We know these storms are going to happen. We don’t pay for utilities to function on a nice day, the essence of what we pay for is be ready for a storm — give me information when my power goes out and get it back on quickly,” Governor Cuomo said. 

“The laws are too protective of the utility companies and that has to change. I am proposing legislation that will create penalties that are significant and will force utilities to change their behavior. 

The bill will also create a faster revocation process so that if they’re not providing that service then we will find someone else who can and do it quickly. We must pass this new law and do it right away.”

The Governor’s announcement builds on his announcement last week that he will propose legislation to expedite and clarify franchise revocation procedures. This provision will address questions including the ownership and transfer of assets such as substations, cables and trucks to ensure that the ratepayers who funded them are not charged again in the event of a new operator taking them over.

In addition, the bill will require utilities to clearly communicate with customers during outages and give accurate information regarding power restoration so New Yorkers can make informed decisions and plan based on the time of the outage. 

Governor Cuomo also announced last week that the Department of Public Service has sent Notice of Apparent Violation letters to four electric service providers — Con Edison, Orange & Rockland, PSEG LI and Central Hudson — and telephone, cable and internet provider Altice-Optimum that they now face steep penalties and must take immediate corrective actions so that similar failures are not repeated during the remainder of hurricane season.  DPS is still INVESTIGATING franchise revocations for Con Edison and Orange & Rockland as well as termination of PSEG-LI’s contract with LIPA if the investigation deems it appropriate. 

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BUDDY, GOING TO SHUT YOU DOWN.

WPCNR ALBANY ROUNDS. From Governor Andrew M. Cuomo August 24, 2020a;

The Goverorn today announced the state has suspended liquor licenses for 14 additional bars and restaurants in New York State after finding egregious violations of pandemic-related Executive Orders, bringing the total number of liquor licenses suspended during the coronavirus pandemic to 162. This weekend, the state’s multi-agency task force — led by the State Police and State Liquor Authority — conducted 3,964 compliance checks, documenting violations at 34 establishments. Businesses found in violation of COVID-19 regulations face fines up to $10,000 per violation, while egregious violations can result in the immediate suspension of a bar or restaurant’s liquor license. 

“Over the last five months, New Yorkers have made great sacrifices to bend the curve, and today’s record-low infection rate shows that when we listen to science and take this virus seriously, we can make a difference. But too many bars and restaurants are still flouting rules in place to stop the spread and local governments need to step up — so we’ve beefed up enforcement with the state police and liquor authority to hold bad actors accountable,” Governor Cuomo said. “Now is not the time to lose sight of our goal, and if compliance slips, all of the progress we’ve made over the last five months could be undermined. These establishments put the health of their staff, their patrons, and all New Yorkers at risk — and their actions are simply unacceptable.”

State Liquor Authority Chair Vincent Bradley said, “We are seeing better compliance as a direct result of the hard work and time the task force is putting in, but there are still bad apples out there that need to be held accountable. As we head into the last couple weekends of summer, licensees need to continue to be vigilant and put the health and safety of New Yorkers on the top of their priority lists.”

The 14 establishments issued emergency orders of summary suspension from the State Liquor Authority Board are located in New York City, the Capital Region and on Long Island.

In New York City, the geographical breakdown is:

  • Brooklyn – 7 
  • Manhattan – 1
  • Queens – 3

Outside of New York City the geographical breakdown is:

  • Albany – 1
  • Schenectady – 1
  • Suffolk – 1

The emergency suspensions were ordered by Chairman Bradley, Commissioner Lily Fan and Commissioner Greeley Ford at special meetings of the Full Board on August 19th, 21st, 22nd, and 23rd, conducted by a digitally recorded video under social distancing guidelines. Emergency Summary Suspensions are imposed when the SLA finds the continued operation of a licensed business threatens public health and safety. Suspension orders are served immediately and remain in effect indefinitely, with the maximum penalty including the permanent revocation of the license and fines of up to $10,000 per violation. Licensees subject to an emergency suspension are entitled to an expedited hearing before an SLA Administrative Law Judge.

The 14 bars suspended are listed below, along with information on their violations and the date of their suspensions.

“75 Main Group” at 75 Main Street in Southampton, on August 23, 2020
On August 22nd, SLA investigators and officers with the Suffolk County Police Department, the Southampton Village Police Department, and the Suffolk County Sheriff’s Office conducted a joint inspection of the premises. At approximately 6:00 pm, investigators observed a line of patrons waiting to enter the premises, ignoring social distancing, with most not wearing facial coverings. Investigators also observed two bartenders and three servers without facial coverings. Roughly an hour later, investigators returned to find multiple employees and patrons standing, mingling and drinking around the bar without facial coverings, with several patrons from nearby tables wandering up to the bar to mingle and consume shots — in violation of the Governor’s Executive Order prohibiting walk-up bar service. They also observed long lines at the restrooms without social distancing and with several patrons not wearing facial coverings. At least 27 employees were working at the time of the inspection, with none of them observed attempting to control the lines or prohibit patrons from consuming alcohol while standing near the bar. At approximately 11:00 pm, the joint inspection team entered the premises, observing two employees run to the kitchen to alert staff. Upon entering, investigators identified 25 additional violations — including serious health hazards — and four criminal court summonses issued. In addition, earlier in the evening, an 18-year-old underage agent was able to purchase alcohol on two separate occasions without being asked for identification. The business is a repeat offender, with the Village of Southampton Police documenting 75 patrons eating inside on June 13th, prior to indoor dining being allowed on Long Island, and investigators from the state taskforce observing three employees without facial coverings on July 28th. Charges from both previous incidents are pending with the SLA.   

 “Mark’s Grill” at 1051 Curry Road in Schenectady, on August 22, 2020

On August 21st SLA investigators found the premises to be operating a bar-only service with no dining, in direct violation of the Governor’s Executive Orders. Investigators entered the premises, observing that all fourteen bar stools were occupied, with no space between patrons, and with three additional patrons standing and drinking near the bar, all without facial coverings. Investigators ordered and were served alcoholic beverages without food from a bartender with a facial covering around her chin. Additional patrons were standing and drinking at high top tables and several patrons without facial coverings were milling about the premises.  

“Andy’s Place” at 605 New Scotland Avenue in Albany, on August 22, 2020

On August 21st, SLA investigators entered the premises and found the establishment operating a bar-only service with no dining, in direct violation of the Governor’s Executive Orders. A bartender was observed without a facial covering and four patrons — also without facial coverings — were standing at the bar consuming alcohol. Investigators ordered and were served alcoholic beverages without food, noting several patrons entering and exiting the premises without facial coverings. By the time the investigators departed, seven patrons were standing and congregating around the bar without facial coverings, consuming alcohol.  

“Esquina Tequila” at 40-01 Northern Boulevard in Queens, on August 23, 2020 
On August 20th, investigators with the state’s multi-agency task force and NYPD officers observed at least ten individuals drinking, congregating, and ignoring social distancing regulations directly in front of the premises. Only after the task force arrived did an employee attempt to confiscate drinks from the patrons outside.

“Mally’s Deli & Grocery” at 199 Knickerbocker Avenue in Brooklyn, on August 23, 2020 
On August 21st, investigators with the state’s multi-agency task force and NYPD officers observed numerous patrons standing and seated outside the premises, drinking alcohol without food. In addition, three patrons were found drinking inside and three employees were observed without facial coverings. Investigators also discovered brands of tequila not registered for sale in New York State being sold at the premises.    

“La Fogata Restaurant & Café” at 1549 Gates Avenue in Brooklyn, on August 23, 2020
On August 22nd, investigators with the state’s multi-agency task force observed a patron sitting outside drinking without food. Inside, investigators documented two patrons drinking and playing pool – which has been prohibited in New York City since March 16, 2020 – and a bartender without a facial covering. 

“NY Pizza Café & Spanish Food Restaurant” at 1485 Myrtle Avenue in Brooklyn, on August 23, 2020
On August 22nd, investigators with the state’s multi-agency task force observed three patrons inside the restaurant consuming alcohol without food, two employees and the owner without facial coverings, and alcoholic beverages being sold to go without food. When questioned, the manager admitted the premises was not serving any food — in direct violation of the Governor’s Executive Orders.

“El Salvador Restaurant De Marina” at 1544 Myrtle Avenue in Brooklyn, on August 23, 2020
On August 22nd, investigators with the state’s multi-agency task force observed ten patrons inside the restaurant without facial coverings, consuming alcohol without food, and six other patrons drinking alcohol immediately outside the premises — all in violation of the Governor’s Executive Orders. Investigators also documented six employees without facial coverings. When the manager was told to tell the patrons to leave, she initially refused. 

“La Perla Del Ulua Restaurant” 354 Melrose Street in Brooklyn, on August 22, 2020

On August 21st, investigators with the state’s multi-agency task force heard excessively loud music as they approached the premises, finding an unauthorized DJ playing music in front of the establishment and at least 37 patrons standing shoulder to shoulder, drinking and dancing, effectively creating an illegal outdoor nightclub. When investigators arrived, a manager from the premises ran outside to distribute masks to patrons. Others  were observed drinking inside the premises, in violation of the indoor dining restrictions in effect since March 16, 2020.  All of the violations observed occurred after the NYC 11:00 p.m. curfew for outdoor dining.

“Noree Thai Bazaar” at 274 Grand Street in Manhattan, on August 21, 2020 

On August 19th, investigators with the state’s multi-agency task force observed three patrons consuming alcohol inside the premises and two employees without facial coverings, in violation of the Governors’ Executive Orders.

“Izzy’s Fried Chicken” at 262 Kingston Avenue in Brooklyn, on August 21, 2020 

On August 19th, investigators with the state’s multi-agency task force observed five patrons dining in an enclosed area that was illegally converted into an indoor space without the approval of the SLA or the NYC Department of Buildings. 

“Privileged Gentleman’s Club” at 49-14 Queens Boulevard in Queens, on August 21, 2020 

On August 20th, a security guard without a facial covering attempted to block investigators with the state’s multi-agency task force and NYPD officers from entering the premises. After gaining entry, investigators discovered 33 patrons inside a makeshift room constructed with a plastic tarp roof and four walls, consuming alcohol and ignoring social distancing guidelines. Investigators also documented two additional employees inside without facial coverings.    

“Palm Court Restaurant & Lounge” at 171-16 Hillside Avenue in Queens, on August 19, 2020 

On August 18th, investigators with the state’s multi-agency task force observed four patrons inside the premises — two drinking alcohol and two playing pool — in violation of the Governors’ Executive Orders in place since March 16, 2020 restricting indoor service. Investigators also documented two employees without facial coverings. 

“New Heights of NY” at 137 Schenectady Avenue in Brooklyn, on August 19, 2020 

On August 15th, investigators with the state’s multi-agency task force and NYPD officers observed two patrons standing and drinking directly in front of the premises without facial coverings. Investigators documented four additional patrons consuming alcohol inside the premises, in flagrant violation of the Governor’s Executive Order in place since March 16, 2020.

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STATUS OF 5GMICROWAVE REGULATION REINFORCEMENT

WPCNR TECH POLICING. August 24, 2020:

Ruth Moss OF 5GAlertWestchester, (above left) who conducted a presentation of Dr. Paul Heroux , microwave expert at McGill University in Montreal, in a Zoom Presentation one month ago, (which can be seen on www.wpcommunitymedia.org when you scroll down the Program Wall to People to Be Heard recent programs) , issued the following statement on where the city stands on strengthening the regulations on 5G:

“Last month 658 residents of White Plains signed a petition to Mayor Roach and the White Plains Common Council to keep cell antennas away from homes and schools.

In response, Mayor Roach has agreed to add protective provisions to the White Plains Telecommunications Code.

The organization sponsoring the petition, 5GAlert Westchester, is waiting for the Common Council to take action on this promise. In the meanwhile, the petition will continue to roll out in order to inform and update the public about this critical issue.”

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WESTCHESTER BUSINESSES EXPECT SLOW RECOVERY IN YEAR AHEAD. NEED HELP: GRANTS, PPE, MARKETING

WPCNR RECOVERY REPORT. From the Business Council of Westchester. August 24, 2020:

Westchester businesses from across all sectors of the county’s economy said they are slowly recovering from the pandemic but expect to struggle for some time, according to a survey released today by the Business Council of Westchester’s Economic Recovery Task Force.

The survey asked BCW members to answer 20 questions assessing their status and ongoing needs.

Some findings of the survey included:

  • Forty-four percent of businesses predicted that they would remain open but would continue to struggle over the next three months, with 17 percent saying they would thrive and 25 percent saying they would break even. Only 1 percent anticipated closing.
  • About 53 percent of those surveyed said that business was down or significantly down compared with last year at this time, with 6 percent saying it was the same and 6 percent saying it was up. Thirty-five percent said it was not applicable or they didn’t respond.
  • Forty-three percent of those surveyed said they were essential businesses and had never closed; 36 percent said they had reopened in phases 1-4. Only 3 businesses said they had not yet reopened.
  • When asked what type of support would be most important, most businesses said obtaining grants and personal protective equipment, followed by marketing support.
  • When asked if they needed PPE, a majority said they did with the most needed items being sanitizer and masks.

Those businesses sectors responding to the survey included Education, Energy, Health and Wellness (fitness, beauty salons etc.), Manufacturing, Not-for-Profit, Professional Services (PR/media, accounting, legal, finance), Real Estate/Construction, Retail, Technology, Transportation, Hospitality and Restaurants and Bars.

The survey is the latest communication from the Economic Recovery Task Force, a 47-member group of business leaders from across all sectors of Westchester’s economy. The Task Force recently released its second report to Governor Andrew Cuomo and County Executive George Latimer. The group’s findings are designed to provide guidance to state and county officials as they work to reopen New York’s economy from the pandemic.

“In addition to the two reports that the Task Force has issued since our formation in April, we will be providing officials with the results of this survey to help them better understand the state of Westchester business across many sectors and their continuing needs,’’ said Marsha Gordon, President and CEO of the Business Council of Westchester. “We hope this information will give our elected officials a glimpse into how our recovery is proceeding and what more they can do to assist the business community.’’

The reports and the latest survey results are available online at thebcw.org

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