# 753-6.6 Commission proceeding.

**Citation:** 16 NYCRR 753-6.6  
**Type / status:** regulation / current  
**Agency:** New York State Public Service Commission  
**Effective:** Not stated  
**Published:** Not stated

Protection of Underground Facilities. (a) If the respondent requests an informal conference, such conference will be conducted by department staff. The respondent shall have the right to be represented by an attorney or other person, and shall have the right to present relevant evidence. Any evidence that department staff may have which indicates that the respondent may have violated this Part s

## Document text

(a) If the respondent requests an informal conference, such conference will be conducted by department staff. The respondent shall have the right to be represented by an attorney or other person, and shall have the right to present relevant evidence. Any evidence that department staff may have which indicates that the respondent may have violated this Part shall be made available to the respondent, who shall have the opportunity to rebut this evidence, either at the informal conference, in writing within 30 days following the conference, or by other mutually agreed to arrangements.

(b) Following its review of any material submitted in writing or at an informal conference, the department will compile a case file, which will be the basis for a final order. The case file of an enforcement proceeding shall include:

(1) the field citations, inspection reports and any other evidence of alleged violations;

(2) a copy of the NOPV issued under section 753-6.4 of this Subpart;

(3) any material submitted by the respondent in response to the NOPV or at an informal conference; and

(4) a written evaluation and recommendation for a final order.

## Provenance

- Official: Yes
- Source: <https://govt.westlaw.com/nycrr/Document/I5069b665cd1711dda432a117e6e0f345?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)>
- Source ID: `ny-dps-nycrr`
- SHA-256: `12f1124e6ad746715904e9f072b82957ebdece32b313f0fa9ee84d40c5f2dd93`
- Retrieved: 2026-08-12T06:20:40.894Z
- Exported: 2026-08-26T13:16:03.368Z
- Document slug: `ny-nycrr-753-6-6`

### Source metadata

```json
{
  "jurisdiction": "US-NY",
  "title": 16,
  "part": "753",
  "partTitle": "Protection of Underground Facilities",
  "scopeKind": "underground-damage-prevention",
  "tocPath": [
    "Part 753 Protection of Underground Facilities",
    "Subpart 753-6 Enforcement Procedures"
  ],
  "legalScope": "Complete current terminal legal unit exposed by the DPS-designated Title 16 NYCRR pipeline-safety part inventory.",
  "applicabilityCaveat": "Applicability depends on the part and section, Commission jurisdiction, commodity and facility type, intrastate or interstate status, operator and activity, exemptions, waivers, federal preemption, Commission orders, and incorporated law. DPS inspects portions of interstate systems for PHMSA, but PHMSA retains federal enforcement authority. DPS states that all jurisdictional Part 256 gas-holder and Part 257 LPG-plant facilities have been decommissioned even though those regulations remain unrepealed.",
  "incorporationCaveat": "These parts incorporate or rely on federal pipeline regulations, federal and New York statutes, Commission rules and orders, and privately authored technical standards. Part 10 supplies incorporation details. References metadata preserves explicit citations but does not reproduce external material, determine licensing rights, or decide whether a particular incorporation is static or dynamic.",
  "publicationCaveat": "The New York Department of Public Service identifies these eleven Title 16 NYCRR parts as its state pipeline-safety regulations and links to the public DOS/Westlaw NYCRR reading copy. That site labels the online text unofficial and directs users needing evidentiary accuracy to the Official NYCRR maintained by the Department of State Division of Administrative Rules. Each section's 'Current through' date is the most recent official NYCRR supplement covering that section, not a uniform corpus-wide amendment date.",
  "rights": "New York government-edict text is preserved with DPS, Department of State, and publisher attribution. The public reading site's presentation and enhancements, agency marks, forms, annotations, and incorporated federal or privately authored standards require separate rights review; this connector does not claim rights in those materials.",
  "rightsReviewRequired": true,
  "currentThrough": "2023-02-28",
  "historyEvents": "No event is emitted because the section reading copy does not supply an explicit adoption, filing, or effective-date history.",
  "publisherCitation": "16 CRR-NY 753-6.6",
  "identityAnomaly": null,
  "references": [
    {
      "citation": "16 NYCRR 753",
      "referenceType": "new-york-administrative-code",
      "url": "https://govt.westlaw.com/nycrr/Browse/Home/NewYork/UnofficialNewYorkCodesRulesandRegulations?guid=I2db73820ba3811dd9496ee88430c6cd4&originationContext=documenttoc&transitionType=Default&contextData=(sc.Default)"
    }
  ],
  "region": "NY"
}
```