New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter B - Procedures And Requirements Concerning Consumer Protections › Part 11 - Home Energy Fair Practices Act And Energy Consumer Protection Act-rules › Section 11.5 - Residential service-special procedures

Current through Register Vol. 46, No. 28, July 10, 2024
This section provides special protections for specified
					 residential customers regarding the termination, disconnection or suspension
					 and restoration of utility service in cases involving medical emergencies, the
					 elderly, blind or disabled, and terminations, disconnections or suspensions
					 during periods of cold weather. This section applies to all or any part of
					 residential utility service, regardless of the type of provider.
(a) Medical emergencies.
(1) No utility shall terminate, disconnect or
				  suspend or refuse to restore service when a medical emergency, as certified by
				  a medical doctor or local board of health, exists; provided, however, that a
				  demonstration of the customer's inability to pay charges for service shall be
				  required before a certificate of medical emergency can be renewed.
(2) A medical emergency exists when a
				  resident of a customer's residence suffers from a serious illness or a medical
				  condition that severely affects his well-being. An inability to pay charges for
				  service is demonstrated when a customer is unable to pay past due and current
				  utility bills because of insufficient liquid assets and current income,
				  considering other necessary and reasonable expenses of the customer such as
				  food, shelter and medical expenses as documented by provision of the
				  information required in the form set forth in Appendix A-3 of this Title, or
				  such other form approved by the commission.
(3) Certification. An initial certification
				  of a medical emergency by a medical doctor or local board of health may be made
				  by telephone and shall remain effective if written certification is provided
				  thereafter to the utility within five business days. If written certification
				  of a medical emergency is provided to a utility that uses or appears on a
				  consolidated bill, that utility shall notify any other utility that uses or
				  appears on the consolidated bill immediately upon receiving such certification.
				  Any certification of a medical emergency shall be submitted on stationery of
				  the medical doctor or local board of health, shall be signed by the medical
				  doctor or an official of the local board of health qualified to make a medical
				  judgment and shall state the name and address of the certifying medical doctor
				  or local board of health, the doctor's State registration number, the name and
				  address of the seriously ill person, the nature of the serious illness or
				  medical condition and an affirmation that the illness or condition exists or
				  will be aggravated by the absence of utility service. The certificate shall be
				  effective for 30 days from the time the utility receives an oral or written
				  certification, whichever occurs earlier. In deciding whether the conditions for
				  a medical emergency are met, the medical doctor or qualified official of the
				  local board of health should use his or her best medical judgment. A utility
				  receiving an initial certificate shall promptly so notify the customer in
				  writing and shall provide information on renewal of certificates, including the
				  form set forth in Appendix A-3, infra, or such other form approved by the
				  commission.
(4) Certificate
				  renewal. If the medical condition is likely to continue beyond the expiration
				  of an initial certification, a certificate may be renewed, provided:
(i) a medical doctor or qualified official of
				  the local board of health states in writing to the utility the expected
				  duration of the medical emergency and explains either the nature of the medical
				  emergency or the reason why the absence of utility service would aggravate the
				  medical emergency; and
(ii) the
				  customer demonstrates an inability to pay charges for service.
A customer shall, before the expiration of the initial
					 certification, submit to the utility, the information required in the form set
					 forth in Appendix A-3, infra, or such other form approved by the commission,
					 for the purpose of demonstrating an inability to pay charges for service. A
					 distribution utility shall, within five days of submission of such information,
					 determine whether the customer's liquid assets and current income are
					 insufficient to pay utility bills, considering other necessary and reasonable
					 expenses of the customer such as food, shelter and medical expenses. Whenever a
					 distribution utility determines that a customer has not demonstrated a
					 financial hardship, it shall provide the customer with written notice of the
					 determination and the customer's right to a review of the determination by the
					 commission or its authorized designee. A distribution utility shall stay any
					 disconnection or suspension activity pending its determination on the
					 customer's ability to pay and any review of such determination by the
					 commission or its authorized designee. A renewed certificate shall remain in
					 effect for 30 days, provided that in cases certified as chronic by a medical
					 doctor or qualified official of the local board of health, the renewed
					 certificate shall remain in effect for 60 days or such longer period as may be
					 approved by the commission or its designee. The statement of financial hardship
					 shall be completed and submitted to the distribution utility whenever a
					 certificate is renewed.
(5) Special rule for life support systems. If
				  a customer or a resident of the customer's premises suffers from a medical
				  condition requiring utility service to operate a life-sustaining device, such
				  as an iron lung or a dialysis machine, certification by a medical doctor or
				  qualified official of a local board of health shall remain effective until
				  terminated by the commission or its designee, provided the residential customer
				  demonstrates an inability to pay charges for service providing the information
				  required by Appendix A-3, infra, or such other form approved by the commission,
				  on not less than a quarterly basis. Every utility shall maintain a special file
				  on such residential customers and an appropriate identification on the meters
				  of such customers for the purpose of ensuring that utility service is provided
				  as long as the medical emergency and customer inability to pay continue, as
				  determined by the commission. In addition to other applicable requirements, a
				  utility shall provide 15 days' written notice to the commission before
				  terminating, disconnecting or suspending service to any such
				  customer.
(6) No utility shall
				  terminate, disconnect or suspend service to a residential customer after the
				  expiration of a certification of medical emergency or after the utility
				  determines that the customer has an ability to pay charges for service without
				  first sending the customer a final notice of termination, disconnection or
				  suspension 15 days prior to the date of termination, disconnection or
				  suspension.
(7) While certification
				  of medical emergencies remain in effect, customers shall remain liable for
				  payment of utility service and shall make reasonable efforts to pay charges for
				  such service. The authorized designees of the commission shall be available to
				  offer assistance to utilities and customers for working out equitable payment
				  arrangements in order to avoid substantial arrearages at the end of a medical
				  emergency.