2023 New York Laws › PBS - Public Service › Article 2 - Residential Gas, Electric and Steam Utility Service › 31 - Applications for Service.

§ 31. Applications  for  service.  1.  Every gas corporation, electric
corporation or municipality shall provide residential service  upon  the
oral  or  written  request of an applicant, provided that the commission
may require that requests for service be in writing under  circumstances
as  it  deems  necessary  and  proper  as  set  forth by regulation, and
provided further that the applicant:
(a) makes full payment for residential utility service provided  to  a
prior account in his name; or
(b)  agrees  to  make  payments  under  a deferred payment plan of any
amounts due for service to a prior account in his name and makes a  down
payment  based  on criteria to be established by the commission. No such
down payment shall exceed one-half of any money due  from  an  applicant
for  residential  utility  service,  or  three  months  average billing,
whichever is less; or
(c) is a recipient of public assistance, supplemental security  income
or  additional state payments pursuant to the social services law, or is
an applicant for such assistance, income or payments,  and  the  utility
corporation or the municipality receives payment from, or is notified of
the  applicant's eligibility for utility payments by the social services
official of the social services district in which  such  person  resides
for  amounts due for service to a prior account in the applicant's name,
together with guarantee of future payments to the extent  authorized  by
the social services law.
2.  In  the  event  a  utility  corporation  or municipality denies an
applicant's application for service  it  shall  provide  prompt  written
notice  to  such  applicant  of its reasons for denying service, specify
what the applicant must do  to  qualify  for  service,  and  advise  the
applicant  of  his  right  to  investigation and review of the denial of
service by the department if the applicant considers such denial  to  be
without  justification. Any such notice denying service shall be sent to
an applicant within three business days after either a completed oral or
written application for  service  is  received,  provided  however,  the
commission may specify a different period for good cause. The commission
may  also  establish  such additional notice requirements upon a utility
corporation  or  municipality  as  it  believes  necessary   to   assure
reasonable notification and protection for applicants.
3.  Subject  to the requirements of subdivisions four and five of this
section, whenever a residential customer moves to a new residence within
the service territory of the same utility corporation  or  municipality,
he  shall  be  eligible to receive service at the new residence and such
service shall be considered a continuation of service in  all  respects,
with any deferred payment agreement honored, and with all rights of such
customer   and   such  utility  corporation  provided  by  this  article
unimpaired.
4. In the case of any application for service to a building  which  is
not   supplied  with  electricity  or  gas,  a  utility  corporation  or
municipality shall be obligated to provide service to such  a  building,
provided however, that the commission may require applicants for service
to  buildings located in excess of one hundred feet from gas or electric
transmission lines to pay or  agree  in  writing  to  pay  material  and
installation  costs  relating to the applicant's proportion of the pipe,
conduit, duct or wire, or other facilities to be installed.
5. A utility corporation or municipality shall  institute  service  to
any  applicant  who  meets  the  requirement  of subdivision one of this
section, within five business days  after  such  applicant  applies  for
service,  provided  however,  such requirement shall not apply where the
institution of service within five business days is prevented by adverse
weather   conditions,   serious   physical   impediments,   construction

requirements,   labor   disputes   or  law.  A  utility  corporation  or
municipality shall initiate service promptly to applicants, and any such
corporation or municipality which fails to provide timely service to  an
applicant  as  required  by  this  subdivision  without  good  cause  as
determined by the commission, shall forfeit and pay  to  such  applicant
the sum of twenty-five dollars per day for each day that such service is
not  supplied.  The chairman shall designate such officers and employees
as he deems necessary to act on complaints relating to applications  for
service.
6.  In the event the service sought in applications submitted pursuant
to this section is comprised of the  provision  of  gas  or  electricity
commodity  only,  nothing in this section shall require the provision of
such service to any and all such  applicants;  provided,  however,  that
nothing  in this subdivision shall prevent or preclude the commission or
a court from  ordering  the  provision  of  such  service  to  all  such
applicants  if  such  order  is  authorized  pursuant  to or required to
implement a provision of law other than this article.