New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter IV - STEAM UTILITIES › Subchapter D - Rates And Charges › Part 434 - Notices Of Discontinuance And Complaint Procedures › Section 434.11 - 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 steam corporation shall develop methods to identify all residential
				  households in its service territory which require a steam 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 1st of each year and ending April 15th of
				  the following year, each steam corporation shall observe, at a minimum, the
				  following procedures with respect to residential customers whose steam 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 steam 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; and
(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 (2) of this subdivision, 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 steam
				  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 steam 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.