2023 New York Laws › PBS - Public Service › Article 4 - Provisions Relating to Gas and Electric Corporations; Regulation of Price of Gas and Electricity › 73 - Compensation to Customers Experiencing Widespread Prolonged Outages.

§  73.  Compensation  to  customers  experiencing widespread prolonged
outages. 1. Notwithstanding any other provision of  law,  in  the  event
that  a  residential  utility  customer  or  a  small  business customer
experiences a widespread prolonged outage lasting at  least  seventy-two
consecutive  hours  or  more without having been resolved by the utility
company, the utility company shall:
(a) Provide a credit of twenty-five dollars on  the  balance  of  such
residential  utility  customer's account for each subsequent twenty-four
hour period of service outage that occurs for such  customers  for  more
than   seventy-two  consecutive  hours  after  the  occurrence  of  such
widespread prolonged outage.
(b)  Provide  reimbursement  of  any  food  spoiled  due  to  lack  of
refrigeration.  Residential  utility customers shall provide the utility
company an itemized list of all food spoiled or proof of  loss  of  food
spoiled  within  fourteen  days of the outage. The utility company shall
reimburse the customer within thirty days of the receipt of the itemized
list or proof of loss, provided, however, that if  the  utility  company
has  applied for a waiver pursuant to subdivision three of this section,
such utility company shall reimburse the customer within a  time  period
to  be  determined  by  the  commission  after  the commission renders a
decision on the waiver request. The amount of  the  reimbursement  shall
not  exceed a total of two hundred thirty-five dollars for customers who
provide an itemized list. The amount of the reimbursement for  customers
who provide proof of loss shall not exceed five hundred forty dollars.
(c)  Provide  reimbursement  of prescription medication spoiled due to
lack of refrigeration. Residential utility customers shall  provide  the
utility  company with an itemized list and proof of loss of prescription
medication due to lack of refrigeration  within  fourteen  days  of  the
outage.  The  utility company shall reimburse the customer within thirty
days of  the  receipt  of  the  itemized  list  and  proof  of  loss  of
prescription  medication, provided, however, that if the utility company
has applied for a waiver pursuant to subdivision three of this  section,
such  utility  company shall reimburse the customer within a time period
to be determined by  the  commission  after  the  commission  renders  a
decision  on  the  waiver request. The amount of the reimbursement shall
total no more than the actual loss of perishable prescription medicine.
(d) Provide reimbursement to small business  customers  for  any  food
spoiled  due  to  lack  of refrigeration. Small business customers shall
provide the utility company with an itemized list for all  food  spoiled
and  proof  of  loss  within  fourteen  days  of the outage. The utility
company shall reimburse the small business customer within  thirty  days
of  the  receipt  of  the  itemized  list  and  proof of loss, provided,
however, that if the utility company has applied for a  waiver  pursuant
to  subdivision  three  of  this  section,  such  utility  company shall
reimburse the small  business  customer  within  a  time  period  to  be
determined  by the commission after the commission renders a decision on
the waiver request. The amount of their  imbursement  shall  not  exceed
five hundred forty dollars.
2.  Any  costs  incurred by a utility company pursuant to this section
shall not be recoverable from ratepayers.
3. Not later than fourteen calendar days after  the  occurrence  of  a
widespread   prolonged  outage,  a  utility  company  may  petition  the
commission for a waiver of the requirements of this section. The company
shall have the burden of demonstrating that granting the waiver is fair,
reasonable and in the public interest. In determining whether  to  grant
such  waiver,  the  commission  shall  consider: (a) whether the company
complied with their submitted emergency response plan  pursuant  to  the
provisions  of  subdivision  twenty-one  of  section  sixty-six  of this

article; (b) whether any actions or omissions of the company contributed
to the prolonging of the widespread prolonged outage; (c) the  hardships
endured  by  said  company's  customers  due to the widespread prolonged
outage;  (d)  the  severity  of  the  widespread  prolonged  outage; (e)
conditions on the ground during the widespread prolonged outage and  the
subsequent restoration; (f) balancing of the equities; and (g) any other
criteria  the  commission  deems in the public interest to consider. The
commission shall issue a final  decision  regarding  the  grant  of  the
requested  waiver  no later than forty-five days after submission of the
petition.
4.   The   commission   shall   promulgate   procedures,    standards,
methodologies  and  rules  necessary to implement the provisions of this
section. Such rules and regulations shall define the  terms  "widespread
prolonged outage", "small business customer" and "proof of loss".