New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter III - GAS UTILITIES › Subchapter D - Rates And Charges › Part 275 - Notices Of Discontinuance And Complaint Procedures › Section 275.12 - Special procedures during cold weather periods

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Not later than August 15, 1978, each and
				  every gas corporation and gas and electric corporation shall develop methods to
				  identify all residential households in its service territory which require gas
				  service for heating the premises or operating a heating system. Thereafter,
				  such corporation shall maintain the capability of identifying such residential
				  accounts for the purposes of this section.
(b) During the period beginning November 1 of
				  each year and ending April 15 of the following year, each gas corporation shall
				  observe, at a minimum, the following procedures with respect to residential
				  customers whose gas service is necessary to heat the premises or operate a
				  heating system (as used in this section, the term customer means a residential
				  customer whose gas service is necessary to heat the premises or operate a
				  heating system and includes all customers residing in dwellings not included
				  under section 116  of the Public Service Law):
(1) No such corporation shall terminate
				  service to any customer unless, after service of a final notice of
				  discontinuance, the corporation has attempted to communicate with the customer,
				  or another person, 18 years of age or older, who resides with the customer, at
				  the customer's residence. At a minimum, the attempt at personal contact shall
				  include one visit at the premises by field personnel during normal working
				  hours and, in the event that personal contact is not achieved, one visit by
				  field personnel during reasonable nonbusiness periods (6 p.m.-9 p.m. on
				  weekdays or 9 a.m.-5 p.m. on Saturdays, Sundays and holidays). If communication
				  with the person contacted is not possible because of an apparent language
				  barrier, the corporation shall take steps to assure communication before
				  discontinuance. During the personal contacts, the corporation's representatives
				  shall fully explain the reasons for discontinuance and shall attempt to
				  ascertain whether a serious impairment to human health may result.
(2) For the purposes of this Part, a serious
				  impairment to human health is indicated if a customer or other person residing
				  in the premises appears to be seriously impaired and may, because of mental or
				  physical problems, be unable to manage his or her own resources, carry out
				  activities of daily living or protect oneself 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) any other
				  factual circumstances which indicate severe or hazardous health situations. The
				  above criteria are general standards and the corporation's field personnel must
				  be trained to 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) No such corporation shall terminate
				  service for nonpayment where a customer or other person residing in the
				  premises exhibits a serious impairment to human health, as described in
				  paragraph (b)(2) of this section, unless:
(i)
				  the corporation notifies the local social services commissioner orally, and
				  within five days in writing, on forms prescribed or approved by the commission
				  (Appendix 16 contains the suggested form), that the customer or other person
				  residing in the premises exhibits a serious impairment to human health;
				  and
(ii) the local social services
				  commissioner, after an investigation, informs the corporation 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
				  corporation 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 corporation to the
				  commissioner.
(4) If
				  such a corporation terminates gas service to a customer because of nonpayment
				  and the customer or a person 18 years of age or older residing on the premises
				  was not personally contacted by the corporation before termination of service
				  and has not communicated with the corporation for the purpose of requesting
				  reconnection before 12 noon on the day following termination of service, the
				  corporation shall immediately attempt to determine, by onsite inspection,
				  direct personal contact at the premises with the residential customer or other
				  adult person, or other reasonable measures, whether there is continuing
				  occupancy and whether a serious impairment to human health, as described in
				  paragraph (b)(2) of this section, exists. If the corporation determines that a
				  customer or other person residing in the premises faces impairment to his or
				  her health, it shall immediately restore the gas service and the requirements
				  of paragraph (b)(3) of this section shall apply. If the corporation is unable
				  to obtain personal contact with the customer or an adult residing on the
				  premises, and does not have reasonable grounds to believe that the customer has
				  vacated the premises, it shall immediately refer the name and address of the
				  customer to the local commissioner of social services, in accordance with the
				  procedures set forth in paragraph (b)(3) of this section.
(5) Each such corporation shall designate an
				  employee who will serve as a liaison with local social services
				  departments.
(6) Each such
				  corporation shall file with the commission for its review the procedures to be
				  followed by the corporation's personnel in complying with these special
				  procedures.