New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 459 - Procedures For Notice Of Discontinuance Of Electric Service › Section 459.9 - Winter discontinuance procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) During the period November 1 to April 15,
				the following discontinuance procedures for nonpayment of service bills
				rendered, for failure to post a required deposit, or for tampering or for theft
				of services, are to be observed where electric service is necessary to heat, or
				to operate a heating system in a residence:
(1) In addition to the procedures set forth
				in sections
				459.3 through
				459.7 of this Part, the utility
				shall be required to make diligent efforts by telephone or in person to
				establish contact with the delinquent customer or a responsible resident adult
				(18 years or older) at the service address at least 72 hours prior to
				termination. At a minimum, attempts at personal contact shall include one
				attempt during normal working hours and in the event that personal contact is
				not achieved, at least one attempt during reasonable nonbusiness periods herein
				defined as:
Monday through Friday
6 p.m. to 9 p.m.
Saturdays, Sundays and Holidays
9 a.m. to 5 p.m.
If communication with the person contacted is not possible
				  because of an apparent language barrier, the utility shall take reasonable
				  steps to assure proper communication before discontinuance. During the contact,
				  the utility's representative shall fully explain the reasons for discontinuance
				  and shall attempt to ascertain whether a serious impairment to human health may
				  result. If contact is made and in the judgment of the representative of the
				  utility no impairment to human health would occur, service may be discontinued.
				  If, however, in the judgment of the representative of the utility,
				  discontinuance of electric service will lead to serious impairment of human
				  health to any resident of the premises, the service shall not be
				  discontinued.
(2) For the
				purpose of this Part, a serious impairment to human health is indicated if a
				customer or other resident appears to be seriously impaired and may, because of
				mental or physical problems, be unable to manage his own resources, carry out
				activities of daily living or protect himself from neglect or hazardous
				situations without assistance from others. Indicators of serious impairment to
				human health include, but are not limited to:
(i) age, infirmity or mental
				incapacitation;
(ii) use of life
				support systems, such as dialysis machines or iron lungs;
(iii) serious illness;
(iv) physical disability, including blindness
				and limited mobility;
(v) recent
				death in the family;
(vi) the
				presence of young children; and
(vii) any other factual circumstances which
				indicate severe or hazardous health situations.
The above criteria are general standards and the utility's
				  representatives must exercise discretion, sound judgment and common sense in
				  ascertaining whether a serious impairment to human health exists. Doubts should
				  be resolved in favor of continued service.
(3) Information concerning the circumstances
				where it is found that discontinuance of service would lead to serious
				impairment to human health is to be documented and the account referred to the
				local social services commissioner. No utility shall terminate service for
				nonpayment where a customer or other resident exhibits an indication of a
				serious impairment to human health, as described in paragraph (a)(2) of this
				section, unless:
(i) the utility notifies the
				local social services commissioner orally, and within five days in writing,
				that the customer or other resident exhibits an indication of a serious
				impairment to human health; and
(ii) the local social services commissioner,
				after an investigation, informs the utility that the health-impairing condition
				does not exist or is not serious, or that an alternative means for protecting
				the person's health has been devised.
The utility may exercise its own discretion with respect to
				  terminating service to the customer in the event it does not receive an oral or
				  written report from the local social services commissioner within 15 business
				  days after the written referral of the matter by the utility to the
				  commissioner.
(4)
				if contact is not made after several good faith attempts, on the day
				termination of service is scheduled, a representative of the utility must visit
				the premises in order to determine whether there is continuing occupancy and
				whether a serious impairment to human health, as described in paragraph (a)(2)
				of this section, exists. If such an impairment is found to exist, or again no
				contact is made and there is reason to believe the premises has not been
				vacated, service shall not be discontinued and the account shall be immediately
				referred to the local social services commissioner. In all cases referred to
				the local social services commissioner, the utility shall request that the
				commissioner report back to the utility his findings and any required action.
				If the utility or the social services commissioner determines that no customer
				or other person residing in the premises faces impairment to his or her health,
				or that an alternative means for protecting the person's health has been
				devised, the utility may immediately discontinue the electric
				service.