2023 New York Laws › PBS - Public Service › Article 2 - Residential Gas, Electric and Steam Utility Service › 32 - Termination of Service.

§ 32. Termination   of  service.  1.  Generally.  Any  termination  of
residential utility service by utility  corporations  or  municipalities
shall be in accordance with all relevant provisions of this article.
2.  Utility service may be terminated, except as otherwise provided in
this section, if any person supplied with electric or gas service  to  a
residence:
(a) fails to pay charges for any service rendered during the preceding
twelve  months,  provided however that the commission by regulations may
permit the termination of service for bills  due  for  service  rendered
during  periods in excess of twelve months where (i) there was a dispute
between  such  person  and  the  utility  corporation  or   municipality
concerning  the  bill  during  the  twelve  month period, (ii) delays in
termination are not the fault of the utility or were due to the culpable
conduct of such person, or (iii) such  bills  are  necessary  to  adjust
estimated bills; or
(b) fails to pay amounts due under a deferred payment plan; or
(c) fails to pay or agree in writing to pay equipment and installation
charges relating to initiation of service; and
(d)  is  sent  a final notice of termination no less than fifteen days
before the termination date shown on the notice. Any such notice  shall,
at  a  minimum, clearly state the reason for termination of service; how
termination may be avoided; that the utility corporation or municipality
has available procedures for  handling  complaints;  a  summary  of  the
protections available under this article; that any customer eligible for
such protections should contact the utility corporation or municipality;
and  such  other  provisions  as  the  commission may require. A utility
corporation or municipality may not issue a final notice of  termination
unless  at least twenty days have elapsed from the date payment was due.
The commission may increase the number of  days  before  which  a  final
notice of termination may be sent.
3.  The  commission  shall  safeguard  from  termination,  or  require
restoration of service to,  those  residents  who  will  suffer  serious
impairments  to  health  or  safety  as  a result of such termination or
failure to restore services. The regulations shall include, but  not  be
limited to:
(a) Medical emergencies. The commission shall require the continuation
or  restoration  of  utility  service  to a customer's residence where a
medical emergency exists.  The  commission  shall  provide  for  written
certification  by a medical doctor, nurse practitioner or local board of
health that termination of service or failure to  restore  service  will
aggravate  an  existing  medical  emergency  at  a customer's residence,
provided that the commission may authorize an initial  certification  by
telephone  if  written  certification  is  provided within five business
days. The commission shall provide for the duration, form,  content  and
renewal  of written certificates. With respect to the renewal of written
certificates, the commission may require the customer to demonstrate  an
inability   to  pay  charges  for  service.  The  commission  shall,  in
consultation with the departments of health and social services and  the
office for the aging, establish criteria to be used by a medical doctor,
nurse  practitioner  or  local board of health in making a determination
that a medical emergency exists or that  the  absence  of  service  will
aggravate an existing medical emergency.
(b)  Customers  who  are  elderly,  blind, or disabled. The commission
shall provide  special  procedures  to  be  followed  by  a  utility  or
municipality  with  respect to the termination or restoration of service
to a residence where the customer is  known  to  or  identified  to  the
utility  to  be  blind,  disabled,  or  sixty-two years of age or older;
provided that all the remaining residents of the household are sixty-two

years of age or older, eighteen years of  age  or  under,  or  blind  or
disabled. The commission shall afford reasonable protections to elderly,
blind  or  disabled  customers, including a requirement that the utility
corporation  or  municipality  make  a  diligent  effort  to  contact by
telephone or in person an adult resident at the customer's  premises  at
least  seventy-two hours prior to termination of service. The commission
shall also establish reasonable  procedures  for  identifying  customers
eligible for the protections of this section.
(c)  Special  procedures  for cold weather periods. (i) The commission
shall establish procedures to be followed by a utility  or  municipality
supplying  heat related service in cold weather periods. Such procedures
shall be designed to  identify  and  assist,  prior  to  termination  of
service,  those residents who may suffer serious impairment to health or
safety as a  result  of  any  such  termination.  The  commission  shall
establish  the  applicable  cold  weather  periods; specify criteria for
identifying residents who are likely to suffer serious impairments,  and
require  that  such service not be terminated unless a representative of
the utility or municipality  makes  a  diligent  effort  to  contact  by
telephone  or  in person an adult resident of the customer's premises at
least seventy-two hours prior to termination, makes a personal visit  at
the  time  of  termination  and  provides  the customer with information
regarding the protections available under this article.  The  commission
shall  provide for the manner in which such contacts and personal visits
are  made.  (ii)  The  commission  shall  also  require  a  utility   or
municipality  supplying service to continue service to customers where a
serious impairment  to  health  or  safety  is  likely  to  result  from
termination  of  service  and  the  person supplied is unable because of
mental or physical problems to manage his or her  own  resources  or  to
protect  himself or herself from neglect or hazardous situations without
the assistance of others. Doubts shall be resolved in favor of continued
service. Continuations of service shall be for a period of  time  to  be
established  by  the  commission.  The commission shall consult with the
department of social services and the state  office  for  the  aging  in
implementing the provisions of this paragraph.
4.  The  commission  shall  preclude terminations for nonpayment other
than between the hours of eight  a.m.  and  four  p.m.,  Monday  through
Thursday,  provided  that  such day or the following day is not a public
holiday as defined in the general construction law.
5. (a) In the event the service to a residential  customer  terminated
pursuant  to  this  section or the service to a multiple-family dwelling
pursuant to  section  thirty-three  of  this  article  or  a  two-family
dwelling pursuant to section thirty-four of this article consists of the
provision  of  gas  or electricity commodity only, the utility providing
distribution services to such customer shall suspend  the  provision  of
such  distribution  services  and  the  provision  of  any other related
services to such customer if:
(i) The utility providing distribution services to  such  customer  is
notified  of  the  termination in such manner and form as the commission
shall,  by  regulation,  prescribe;  which  notification  shall  include
documentation  sufficient  to  confirm that such termination was, in all
respects, in compliance with this article and that  the  conditions  set
forth in this subdivision have been met;
(ii)  Except  in the case of a service to a multiple dwelling pursuant
to section thirty-three of this article, such customer was billed  using
a  billing  system  in  which  all charges for service were present on a
single bill;
(iii) Such  utility  providing  distribution  services  provided  such
services to the customer at the time of the termination;
(iv) The utility implementing the termination confirms that it is able
to  and will take all actions within its control necessary to resume the
provision of electric or gas commodity to such  customer  in  accordance
with  the  agreement  for  such  service  between  such utility and such
customer,  if  the  customer makes full payment of the amount of arrears
that were the basis for the termination of service;
(v) The utility implementing the  termination  has  not  assigned  its
right  to  obtain  payment  of  the  arrears  to an entity that is not a
utility for purposes of this article; and
(vi) Less  than  one  year  has  elapsed  since  such  termination  of
commodity service has occurred.
(b)  All  notices provided pursuant to this article in connection with
such termination shall include notice  of  the  suspension  of  services
that,  pursuant  to  this  subdivision, can occur coincidental with such
termination and shall state the amount which must be paid to the utility
making the termination in order to obtain the resumption of service from
such terminating utility and, if different, the  amount  which  must  be
paid  to  the  utility  making the termination to end such suspension of
services.
(c) The  utility  shall  make  its  best  efforts  to  institute  such
suspension of distribution service promptly and shall receive reasonable
compensation   from  the  terminating  utility,  as  determined  by  the
commission,  for  any  costs  associated   with   such   suspension   of
distribution services. Any payments for arrears made by a customer after
the  termination  of  service shall be allocated equitably on a pro rata
basis between the terminating utility  and  the  utility  that  provided
distribution  services,  to  the  extent  arrears  are owed to both such
utilities.
(d) Such suspension shall end  upon  the  occurrence  of  any  of  the
conditions  identified  in paragraphs (a) through (e) of subdivision one
of section thirty-five of this article, upon the expiration of one  year
after  such  termination  of  commodity  service, or upon the receipt of
payments by or on behalf of the customer to the terminating utility such
that the amount paid by such customer to the  terminating  utility  plus
the  amount  previously  paid  the  terminating  utility  plus any other
charges paid to the utility providing distribution  service  during  the
period  when such customer's arrears accrued is equal to or greater than
the amount such customer would have paid if the entire  utility  service
had  been  obtained  from  the  utility  providing distribution services
during such period.
6. Implementation of the provisions of this section  shall  not  limit
the  contractual  remedies  for  damages which might be available to the
terminating utility provided that  an  award  of  such  damages  is  not
inconsistent with any of the provisions of this article.