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Tom Falcone

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The debate over the future of Long Island’s electrical grid picked up last week, Sept. 14, at the Nassau County legislative building, with officials, utility staff and members of the public offering competing visions.

The Legislative Commission on the Future of the Long Island Power Authority is a bipartisan panel of state legislators from Long Island and the Rockaways formed in 2022 to consider the potential municipalization of LIPA after its management agreement with PSEG Long Island expires in December 2025.

Accountability

Chief among the concerns outlined during the hearing was public accountability by members of the LIPA Board.

Under the existing appointment structure, the New York State governor appoints five of the nine members, with the Legislature selecting the remaining four.

New York State Assemblyman Fred Thiele (D-Sag Harbor) suggested this appointment structure could change. “All of those appointments are made by individuals that don’t live on Long Island,” he said. “There has always been the consideration that there should be more local say about the governance of LIPA.”

But achieving that degree of local oversight remains an open question. Michael Menser, associate professor in the Department of Earth and Environmental Sciences at the CUNY Graduate Center, proposed creating a stakeholder advisory committee to make recommendations to the LIPA Board.

“We think a committee stakeholder board — possibly working with an independent research institute or observatory, supporting a fully public utility — could make this transition happen in a way that is speedy, democratic and beneficial both economically and ecologically,” he said.

Ryan Madden, sustainability organizer of the Long Island Progressive Coalition, suggested that the county and city governments within LIPA’s service area should make appointments to the board.

“In some ways, there is an argument that some state appointments make sense as it’s a state entity,” Madden said. “But there should be more input or appointments from local jurisdictions.”

“There could be a situation where the governor gets appointments, the Senate and Assembly get appointments, the Nassau County executive working with the Legislature gets appointments, and the same with Suffolk,” he added.

Governance/management

Thiele said the commission had explored an elective LIPA Board in its first round of hearings but backtracked on this idea, favoring an appointed board instead.

“Especially when you’re talking about [the] National Labor Relations Act,” an appointed board “would better serve to protect labor,” the assemblyman said.

Madden nonetheless supported greater local oversight over the appointment process.

“Our recommendations are just to ensure that there is robust community participation and more local decision-making in whatever appointment process that we determine,” he said.

Tom Falcone, LIPA’s CEO, had attended the Nassau meeting and pushed back on earlier testimony from PSEGLI vice president of external affairs Christopher Hahn, who suggested that the friction between the two utilities creates checks and balances. [See story, “LIPA and PSEGLI wrestle for control over Long Island’s electrical grid,” Sept. 14, TBR News Media website.]

“There aren’t supposed to be checks and balances in management,” Falcone said. “Checks and balances at the management level means a lack of accountability of the vendor. It means the vendor can check what the board wants,” adding, “I think, fundamentally, the problem is that you have one vendor, and they can’t be fired.”

Other input

Luis Vazquez, president and CEO of the Long Island Hispanic Chamber of Commerce, said the chamber does not support the municipalization proposal due to the commission’s perceived lack of public outreach and education.

“Half of the problem is educating our communities and chambers,” he said. “So, if we don’t get the message and we don’t know what we’re voting on, I’d rather just not take a position.”

Guy Jacob, an at-large delegate of the Sierra Club, said his organization’s national, state and Long Island chapters all support municipalization.

“This so-called public-private partnership is unique among municipal electric utilities in the U.S., and the time is now at hand to terminate this decades-long, failed anomaly,” he said. “The moment has come to terminate the tyranny of shareholders over ratepayers.”

Jacob pointed to a perceived lack of alignment between the profit interests of the electric service provider and the LIPA customers, adding that “redundant” management positions within LIPA and PSEGLI add unnecessary costs for utility power.

Conversations over the restructuring of LIPA remain ongoing. To view the commission’s meetings, visit totalwebcasting.com/live/nylipa. Written testimony can be submitted at nylipa.gov/public-input.

Photo by Andrew Martin from Pixabay

Long Island’s two primary utility companies are in a tug-of-war over the region’s electric future.

A management contract between the New York State-owned Long Island Power Authority and the investor-owned utility company PSEG Long Island expires in December 2025, prompting uncertainty over the future management of the regional grid.

The Legislative Commission on the Future of the Long Island Power Authority is a bipartisan panel of state legislators from Long Island, formed in 2022 to make recommendations to the state Legislature for future reorganization.

Conflict erupted during the commission’s public hearing at the William H. Rogers Legislature Building in Hauppauge Tuesday, Sept. 12, during which LIPA and PSEGLI reps offered disparate visions.

Municipalization proposal

The legislative commission is considering implementing a full-scale municipalization of utility power on Long Island, empowering LIPA to provide electric service independently without contracting with a third-party vendor, such as PSEGLI.

During the hearing, Tom Falcone, LIPA’s CEO, addressed the commission, noting the complications of overlapping responsibilities between the separate management hierarchies of LIPA and PSEGLI.

“There is not one best governance model … but there are governance models that could result in duplicative roles and responsibilities or unnecessary conflict,” he said. “Multiple overlapping bodies with similar responsibilities can frustrate customers with a lack of clarity and accountability, much like our hybrid management structure between LIPA and PSEG.”

Falcone advised that consolidating management positions within LIPA would enable the state to reduce total management personnel by roughly 13 senior positions.

Falcone added that municipalization would deliver greater accountability from the electric service provider, empowering the LIPA Board to replace senior officials who fail to perform.

“The board can fire me,” the LIPA CEO indicated. “I can’t fire PSEG,” adding, “If PSEG is not delivering, we litigate and we hold back money.”

Checks and balances

But PSEGLI refused to go down without a fight, countering Falcone’s assessment of the existing dynamic between the two utilities.

Christopher Hahn, vice president of external affairs at PSEGLI, advocated for the existing public-private partnership between LIPA and PSEGLI.

“There’s real, built-in accountability to the public-private partnership,” he said. “It is something that has been working for Long Islanders and will continue to work for Long Islanders.”

Hahn maintained that the public-private partnership gives Long Island “the best of both worlds,” maximizing the potential for each utility company while creating checks and balances between LIPA and PSEGLI.

“Having a municipally owned grid gives us the benefit of that low [interest] bonding and, of course, access to [Federal Emergency Management Agency] funds in the event that we have storms,” he said. “And then having the private company and being held accountable.”

He added that accountability for PSEGLI is built into its contract structure, which is only 40% guaranteed. He maintained that PSEGLI continues to rank highly in reliability and customer satisfaction.

“Those are things that came here because of the public-private partnership, because of the push-pull between PSEG and LIPA,” he said.

Conversations over the restructuring of LIPA will continue this week as the commission is scheduled to meet again at 10 a.m. Thursday, Sept. 14, at the Nassau County Legislature in Mineola. To livestream the meeting, visit totalwebcasting.com/live/nylipa. Register on-site to testify. Written testimony can be submitted at nylipa.gov/public-input. Other September meetings are due to be held at The Rockaways, Southampton and Farmingdale State College.

PSEG trucks remove a downed tree in Mount Sinai Aug. 7. For several days, cars had to swerve around the tree that split the intersection of North Country Road and Crystal Brook Hollow Road. Photo by Kyle Barr

LIPA filed a $70 million lawsuit against PSEG-Long Island in State Supreme Court in Mineola against the New Jersey-based power company for breach of contract in response to Tropical Storm Isaias, which hit Aug. 4 and knocked out power for some Long Islanders for over eight days.

The Department of Public Service recommended a lawsuit to the LIPA Board of Trustees.

“Utility companies are beholden to ratepayers, and when that service is inadequate — or as in this case, a complete failure — those utilities need to be held accountable,” Governor Andrew Cuomo (D) said in a statement. PSEG “failed to hold up their end. It’s inexcusable, and we’re going to make sure that it doesn’t happen again.”

The complaint, filed by attorneys at the law firm Rivkin Radler, alleges breach of covenant of good faith and fair dealing, based on PSEG’s “failure to prepare for and manage restoration effort during and following Tropical Storm Isaias. LIPA also brings this action for specific performance to compel PSEG LI to comply with its obligations” under the operations service agreement.

The suit also alleges “corporate mismanagement, misfeasance, incompetence, and indifference, rising well beyond the level of simple negligence.”

Immediate Fix Demanded
State Sen. James Gaughran (D-Northport), an outspoken critic of LIPA and PSEG LI’s response to the storm, welcomed the legal action.

“It’s about time LIPA start acting to protect the best interests of Long Island ratepayers,” Gaughran said in a statement. Gaughran urged LIPA to make sure the $70 million is paid by PSEG shareholders and not ratepayers.

“An independent receiver should be appointed to refund this $70 million to hardworking Long Islanders and not dumped into the blackhole of LIPA’s budget,” Gaughran added.

In a statement, LIPA CEO Tom Falcone said PSEG LI must “immediately fix these failed information technology systems and abide by its contract” as LIPA continues to review its legal, contractual and termination options.

“PSEG Long Island has collected nearly half a billion dollars from Long Island customers over the past seven years while failing to meet its basic obligations,” Falcone added.

John Rhodes, Special Counsel for statewide ratepayer protection for the New York State Department of Public Service, asked if LIPA should “find a new service provider?”

In a statement, PSEG Long Island said it was “hard at work addressing recommendations in LIPA’s 30- and 90-day reports. We believe that the current public-private partnership is the best option for Long Island customers and we have remained committed to being the service provider of choice for LIPA.”

PSEG LI is “aware that this lawsuit has been filed and we are reviewing it.”

Lawsuit Claims

In the lawsuit, LIPA describes PSEG LI as demonstrating willful, bad faith and grossly negligent failures.

One of a litany of complaints during and after the storm was the inability for customers to connect with PSEG and to receive a reliable estimate of the time to restore power.

Ratepayers were “left without critical information as adequate telephone lines were overwhelmed with calls and an Outage Management System, selected by PSEG LI as able to withstand a major storm and paid for by LIPA, failed.”

About a million customer calls and 300,000 text messages did not reach PSEG LI, according to the suit.

Calls to outage and billing lines “became overloaded and failed,” the suit alleges, with 75% of customer calls to PSEG LI’s Outage Line not going through on the first day of the storm.

PSEG LI “did not properly monitor whether the calls on the Outage Line were connecting. Calls were dropped without PSEG LI’s knowledge,” according to the suit.

LIPA asserted that PSEG should have known about the inadequacy of the voice telephony system.

PSEG did not perform sufficient tests to determine whether the system would function during a major storm event before or in the 100 days after Isaias, the suit further claimed.

The problems with the telecommunications system predated the storm, as the suit indicated that the “OMS did not crash due to Isaias. It was already failing.”

PSEG LI “must develop a comprehensive integrated set of business continuity plans for every critical IT and communication system on Long Island, plus all repair and recovery activities,” according to the suit.