reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter A - GENERAL › Part 6 - Implementation Of Provisions Of The Public Officers Law › Subpart 6-2 - Personal Privacy Protection › Section 6-2.9 - Denial of request for a record or amendment or correction of a record or personal information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Denial
					 of a request for records or amendment or correction of a record or personal
					 information shall:
(1) be in writing,
					 explaining the reasons therefor; and
(2) identify the person to whom an appeal may
					 be directed.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter A - GENERAL › Part 6 - Implementation Of Provisions Of The Public Officers Law › Subpart 6-2 - Personal Privacy Protection › Section 6-2.10 - Appeal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person
					 denied access to a record or denied a request to amend or correct a record or
					 personal information pursuant to section
					 6-2.9 
					 of this Subpart may, within 30 days of such denial, appeal in writing to the
					 secretary.
(b) The time for
					 deciding an appeal shall commence upon receipt of an appeal that identifies:
(1) the date and location of a request for a
					 record or amendment or correction of a record or personal
					 information;
(2) the record that is
					 the subject of the appeal; and
(3)
					 the name and return address of the appellant, including an e-mail address, if
					 available.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter A - GENERAL › Part 6 - Implementation Of Provisions Of The Public Officers Law › Subpart 6-2 - Personal Privacy Protection › Section 6-2.11 - Statement of disagreement by data subject

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If correction or amendment of a record or
					 personal information is denied in whole or in part upon appeal, the
					 determination rendered pursuant to the appeal shall inform the data subject of
					 the right to:
(1) file with the secretary a
					 statement of reasonable length setting forth the data subject's reasons for
					 disagreement with the determination;
(2) request that such a statement of
					 disagreement be provided to any person or governmental unit to which the record
					 has been or is disclosed pursuant to paragraph (d), (i), or (l) of subdivision
					 one of section 96 (1)  of the Public Officers
					 Law.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter A - GENERAL › Part 7 - Implementation Of State Environmental Quality Review Act › Section 7.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Part sets forth procedures in addition to those
					 contained in 6 NYCRR Part 617, which are necessary for the commission's
					 implementation of the State Environmental Quality Review Act. The terms used in
					 this Part have the meanings given them in 6 NYCRR 617.2, unless the context
					 otherwise requires.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter A - GENERAL › Part 7 - Implementation Of State Environmental Quality Review Act › Section 7.2 - Types of actions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Type I
				  actions (which are more likely to require the preparation of environmental
				  impact statements than unlisted actions) are listed in 6 NYCRR 617.12. Type II
				  actions (which have been determined not to have a significant adverse effect on
				  the environment) are listed in 6 NYCRR 617.13 and in the following subdivision.
				  Neither new programs nor major changes in priorities with respect to policies,
				  regulations and procedures are included.
(b) The adoption of policies, regulations and
				  procedures constitutes the undertaking of a type II action if it relates to:
(1) routine administration and management of
				  the commission's functions, including but not limited to rules establishing
				  procedures for the orderly conduct of business before the commission (e.g.,
				  Rules of Procedure, 16 NYCRR, Chapter I, which set forth such matters as the
				  procedures for hearings and rehearings and the content of applications and
				  exhibits);
(2) practices by
				  utilities concerning administration and management of utility functions,
				  including but not limited to rules relating to:
(i) utility reports;
(ii) the preparation of tariff
				  schedules;
(iii) the uniform system
				  of accounts;
(iv) contract and
				  procurement procedures; and
(v)
				  notice of issuance of securities;
(3) practices by utilities concerning
				  customer relations, including but not limited to rules governing:
(i) service standards;
(ii) gas standards;
(iii) consumer deposits;
(iv) bills for service;
(v) notice for interruptible
				  service;
(vi) complaint procedures;
				  and
(vii) limitations of
				  liability;
(4)
				  activities by utilities concerning testing, inspection, repair and maintenance
				  of existing facilities, including rules governing meter testing, inspection,
				  repair and maintenance requirements; or
(5) safety measures for design, testing,
				  operation and maintenance of utility facilities, unrelated to siting
				  authorization, including rules governing the reporting of accidents by electric
				  utilities.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter A - GENERAL › Part 7 - Implementation Of State Environmental Quality Review Act › Section 7.3 - Environmental review procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When the commission is the lead agency
				  with respect to an action that may have a significant adverse effect on the
				  environment and a hearing concerning such action is required by statute, the
				  commission will file a copy of the draft environmental impact statement (EIS)
				  which has been prepared, together with a notice of its completion and a notice
				  of hearing, in accordance with the requirements of 6 NYCRR 617.10. The
				  commission will cause the notice of hearing to be published at least 14 days in
				  advance of the hearing in a newspaper of general circulation in the area of the
				  potential effects of the action. The hearing will commence no less than 15, nor
				  more than 60 days after the filing of the draft EIS.
(b)
(1) The
				  tentative or recommended decision issued in the proceeding will contain a final
				  EIS, unless:
(i) the action has been
				  withdrawn; or
(ii) on the basis of
				  the record of the proceeding (including the draft EIS and any comments received
				  thereon), the Administrative Law Judge issuing such decision determines that
				  the action will not have a significant adverse effect on the
				  environment.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter A - GENERAL › Part 8 - Declaratory Rulings › Section 8.1 - Availability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Declaratory
				  rulings may be issued with respect to:
(1) the
				  applicability to any person, property, or state of facts of any rule or statute
				  enforceable by the commission or the validity of any such rule;
(2) whether any action by the commission
				  should be taken pursuant to a rule; and
(3) whether a person's compliance with a
				  Federal requirement will be accepted as compliance with a similar State
				  requirement applicable to that person.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter A - GENERAL › Part 8 - Declaratory Rulings › Section 8.2 - Procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In addition to
				  complying with the requirements of section
				  3.5 
				  of this Title, a petition for declaratory ruling shall contain:
(1) a caption and a complete statement of the
				  facts and grounds prompting the petition, including a full disclosure of the
				  petitioner's interest;
(2) a clear,
				  concise statement of:
(i) the controversy or
				  uncertainty that is the subject of the petition; and
(ii) the petitioner's proposed resolution of
				  that controversy or uncertainty; and
(3) citations to any statutes, rules, or
				  other authorities involved.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter A - GENERAL › Part 8 - Declaratory Rulings › Section 8.3 - Effect

Current through Register Vol. 46, No. 28, July 10, 2024
A declaratory ruling shall be identified as such, shall be
					 binding on the commission, and shall not be retroactively
					 changed.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter A - GENERAL › Part 10 - REFERENCED MATERIAL › Section 10.2 - Federal regulations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  regulations referred to in this subdivision are available from the U.S.
				  Department of Transportation, Information Service Division, 400 Seventh Street
				  SW, Washington, DC 20590, or on the internet on U.S. Government Printing
				  Office's website at URL: http://www.gpoaccess.gov/cfr/retrieve.html. They are
				  available for inspection and copying at the Public Service Commission's Office,
				  Empire State Plaza, Building 3, Albany, NY 12223-1350. The regulations referred
				  to in this Title are:
(1)  49 CFR part 40,
Procedures for Transportation Workplace Drug and Alcohol Testing
				  Programs
(Revised as of October 1, 2004).
(2)  49 CFR part 190,
Pipeline Safety
				  Programs
(Revised as of October 1, 2004).
(3)  49 CFR part 191,
Transportation
				  of Natural and Other Gas by Pipeline; Annual Reports, Incident Reports, and
				  Safety Related Condition Reports
(Revised as of October 1,
				  2004).
(4)  49 CFR part 192,
Transportation of Natural and Other Gas by Pipeline: Minimum Federal
				  Safety Standards
(Revised as of October 1, 2011).
(5)  49 CFR part 193,
Liquefied
				  Natural Gas Facilities: Federal Safety Standards
(Revised as of
				  October 1, 2012).
(6) 49 CFR part
				  195,
Transportation of Hazardous Liquids by Pipeline
(Revised
				  as of October 1, 2012).
(7)  49 CFR
				  part 199,
Drug and Alcohol Testing
(Revised as of October 1,
				  2004).
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter A - GENERAL › Part 10 - REFERENCED MATERIAL › Section 10.3 - Other information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  standards referred to in this subdivision are published by and available from
				  the American Society of Mechanical Engineers, 22 Law Drive, Box 2900,
				  Fairfield, NJ 07007-2900. They are available for inspection and copying at the
				  Public Service Commission's Office, Empire State Plaza, Building 3, Albany, NY
				  12223-1350. The regulations referenced in this Title are:
(1) ASME/ANSI B31.4,
Pipeline
				  Transportation Systems for Liquid Hydrocarbons and Other Liquids
(1992
				  edition);
(2) ASME/ANSI B31.8,
Gas Transmission and Distribution Piping Systems
(2007
				  edition);
(3) ASME/ANSI B31.1,
Power Piping
(1995 edition);
(4)
ASME Boiler and Pressure Vessel
				  Code,
Section VIII,
Pressure Vessels,
Division 1 and
				  Division 2 (2007 edition);
(5)
ASME Boiler and Pressure Vessel Code,
Section IX,
Welding and Brazing Qualifications
(2007 edition);
(6) ASME/ANSI B16.1,
Gray Iron Pipe
				  Flanges and Flanged Fittings
: Classes 25, 125, and 250 (2005
				  edition);
(7) ASME/ANSI B16.5,
Pipe Flanges and Flanged Fittings
(2003 edition);
(8) ASME/ANSI B31G,
Manual for
				  Determining the Remaining Strength of Corroded Pipelines
; (1991
				  edition) (Reaffirmed; 2004);
(9)
				  ASME/ANSI B31,8s-2004 (Supplement to B31.8),
Managing System Integrity
				  of Gas Pipelines,
(2004); and
(10)
ASME Boiler and Pressure Vessel
				  Code
, Section I,
Rules for Construction of Power
				  Boilers
(2007 edition).
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 11.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Part sets forth the commission's rules implementing
					 the Home Energy Fair Practices Act (L. 1981, ch. 713) and the Energy Consumer
					 Protection Act of 2002 (L. 2002, ch. 686). Those acts establish as State policy
					 that the continued provision of all or any part of gas, electric and steam
					 service to all residential customers without unreasonable qualifications or
					 lengthy delays is necessary for the preservation of the health and general
					 welfare and is in the public interest.
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 11.2 - Applicability of rules

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Notwithstanding any other commission rule or order to the contrary, this Part
				  governs the rights, duties and obligations of every gas corporation, electric
				  corporation, gas and electric corporation, steam corporation and municipality
				  subject to the jurisdiction of the commission by virtue of articles 2, 4 and
				  4-A of the Public Service Law, their residential customers and applicants for
				  residential service. When used in this Part:
(1)
(i) The
				  term utility means any such gas corporation, electric corporation, gas and
				  electric corporation, steam corporation, municipality, or any entity that, in
				  any manner, sells or facilitates the sale, furnishing or provision of gas or
				  electric commodity to residential customers; provided, however, that the term
				  does not include any municipality that is exempt from commission regulation by
				  virtue of section 1005 (5)(g)  of the Public
				  Authorities Law.
(ii) The term
				  distribution utility means any utility that is authorized under any general or
				  special law, or any charter or franchise, to lay down, erect or maintain pipes,
				  conduits, ducts, mains, poles or other gas or electricity distributing
				  fixtures, in, on, over, or under streets, highways, or public places; provided,
				  however, that the term does not include any municipality that is exempt from
				  commission regulation by virtue of section 1005 (5)(g)  of the Public
				  Authorities Law.
(iii) The term
				  ESCO means an entity eligible to sell electricity and/or natural gas to end-use
				  customers using the transmission or distribution system of a utility.
(iv) The terms terminate or termination mean
				  ending an ESCO's provision of commodity service.
(v) The terms disconnect or disconnection
				  mean ending distribution service (alone or in combination with commodity
				  service) by and solely at the behest of the utility providing such
				  service.
(vi) The terms suspend or
				  suspension mean a customer's loss of distribution service at the request of an
				  ESCO.
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 11.4 - Termination or disconnection of residential service, and suspension of distribution service pursuant to public service law, section 32(5)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Termination or disconnection of
				  residential service. This subdivision sets forth termination and disconnection
				  procedures applicable where a utility provides only distribution service and
				  seeks to terminate the distribution service, the utility provides both
				  distribution service and commodity supply and seeks to terminate them both or
				  an ESCO seeks to terminate commodity supply. Where an ESCO seeks suspension of
				  a residential customer's distribution service due to the customer's non-payment
				  of the commodity portion of a consolidated bill, subdivision (b) of this
				  section also applies.
(1) Conditions for
				  termination or disconnection. A utility may terminate or disconnect residential
				  service as provided for in these rules if the customer:
(i) fails to pay charges for services
				  rendered at any time during the preceding 12 months; provided, however, that
				  termination or disconnection of service for bills due for service rendered
				  during periods in excess of the 12-month period is permitted in cases involving
				  billing disputes during the 12-month period, estimated bills, the culpable
				  conduct of the customer or excusable utility delays; and provided further, that
				  the utility shall commence any such billing not more than four months after the
				  resolution of the billing dispute, the adjustment to estimated bills, or the
				  cessation of excusable utility delays or delays caused by the customer's
				  culpable conduct; or
(ii) fails to
				  pay amounts due under a deferred payment agreement;
(iii) fails to pay or agree in writing to pay
				  equipment and installation charges relating to the initiation of service;
				  or
(iv) fails to pay a lawfully
				  required deposit; and
(v) is sent a
				  final notice of termination or disconnection no less than 15 days before the
				  termination or disconnection date shown on the notice.
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 11.6 - Voluntary third-party notice

Current through Register Vol. 46, No. 28, July 10, 2024
Every utility shall permit a residential customer to
					 designate a third party to receive all notifications relating to termination,
					 disconnection or suspension of service or other credit actions sent to such
					 residential customer, provided that the designated third party agrees in
					 writing to receive such notices. The utility shall inform the third party that
					 the authorization to receive such notices does not constitute acceptance of any
					 liability on the third party for service provided to the customer. The utility
					 shall promptly notify the residential customer of the refusal or cancellation
					 of such authorization by the third party.
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 11.9 - Reconnection of service, restoration of commodity supply, and conditions for ending suspension of distribution service

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Reconnection of service. This section
				  sets forth procedures applicable where: only distribution service was provided
				  by a utility and was disconnected or distribution service and commodity supply
				  were provided by and disconnected by the same utility.
(1) A utility shall reconnect disconnected
				  residential service within 24 hours, unless prevented by circumstances beyond
				  the utility's control or unless a customer requests otherwise, in the following
				  situations:
(i) receipt by the utility of the
				  full amount of arrears for which service was disconnected;
(ii) agreement by the utility and the
				  customer on a deferred payment plan and the payment of a downpayment, if
				  required, under that plan;
(iii)
				  upon the direction of the commission or its designee;
(iv) upon the receipt by the utility of a
				  commitment of a direct payment or written guarantee of payment from the social
				  services official of the social services district in which the customer
				  resides; or
(v) where a utility has
				  notice that a serious impairment to health or safety is likely to result if
				  service is not reconnected. Doubts as to whether reconnection of service is
				  required for health or safety reasons shall be resolved in favor of
				  reconnection.
Comment:A utility may not insist upon payment of lawful
					 charges that did not provide the basis for disconnection before restoring
					 service under this subdivision. Similarly, under subparagraph (ii) of this
					 paragraph, a utility may not insist on a downpayment in excess of one half the
					 arrears which formed the basis for the disconnection or three months' billing,
					 whichever is less. In these circumstances, payment of other lawful charges that
					 did not form the basis for disconnection should be part of the installment
					 plan, unless the customer elects to pay such charge immediately.
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 11.10 - Deferred payment agreements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Utility obligations.
(1) A distribution
				  utility must make reasonable efforts to contact eligible customers or
				  applicants by phone, mail or in person for the purpose of offering a deferred
				  payment agreement and negotiating terms tailored to the customer's financial
				  circumstances, prior to making the written offer of a deferred payment
				  agreement required under paragraph (4) of this subdivision. Consistent with
				  provisions of its agreement to supply commodity, if applicable, and provided
				  such provisions are consistent with other requirements of the Public Service
				  Law, a utility must make reasonable efforts to contact eligible customers or
				  applicants for the purpose of offering a deferred payment agreement and
				  negotiating terms tailored to the customer's financial circumstances, prior to
				  making the written offer of a deferred payment agreement required under
				  paragraph (4) of this subdivision. A deferred payment agreement or payment
				  agreement (also referred to as the agreement in this section) is a written
				  agreement for the payment of outstanding charges over a specific period of
				  time, signed by both the utility and the customer or applicant.
(i) A utility must negotiate in good faith
				  with any customer or applicant with whom it has contact so as to achieve an
				  agreement that is fair and equitable considering the customer's financial
				  circumstances.
(ii) A utility may
				  require that a customer or applicant complete a form showing assets, income and
				  expenses, and provide reasonable substantiation of the information on that
				  form, provided that all such information shall be treated as
				  confidential.
(iii) A payment
				  agreement must provide for installments as low as $10 per month and no down
				  payment, when the customer or applicant demonstrates financial need for such
				  terms, but need not provide for monthly installments of less than
				  $10.
(iv) A payment agreement may
				  provide for any size or no down payment, and installments on any schedule over
				  any period of time if mutually agreed to by the parties.
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 11.11 - Budget or levelized payment plans

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General. Every utility shall offer
				  residential customers a voluntary budget billing or levelized payment plan for
				  the payment of charges. The plan shall be designed to reduce fluctuations in
				  customers' bills due to seasonal patterns of consumption. Any such plan shall
				  also be offered to customers who are condominium associations or cooperative
				  housing corporations.
(b) Criteria.
				  Unless otherwise authorized by the commission, each such plan shall be based on
				  the customer's recent 12-month experience, adjusted for known changes. If 12
				  months of billing data are not available for the customer then 12 months of
				  billing data for the premises shall be used. If 12 months of billing data are
				  not available for the premises then the utility shall estimate future
				  consumption over the next 12-month period. Each such plan shall provide that
				  bills clearly identify consumption and state the amounts that would be due
				  without levelized or budget billing; such information need not be supplied on
				  interim bills for customers billed on a bimonthly basis. Each such plan shall
				  provide that bills be subject to regular review for conformity with actual
				  billings.
(c) Commission approval.
				  Each such plan shall be filed with the commission and any significant changes
				  in the plan shall be submitted to the commission for review before
				  implementation.
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 11.12 - Residential service deposits

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  For the purposes of this section, a new residential customer is an applicant. A
				  seasonal customer is a person who applies for and receives utility service
				  periodically each year, intermittently during the year, or at other irregular
				  intervals. A short-term customer is a person who requires service for a
				  specified period of time that does not exceed one year. A customer who receives
				  continuous utility service for more than one year shall not be considered a
				  seasonal or short-term customer.
(b) Unless authorized by the commission under
				  subdivision (e) of this section, no utility shall require any new residential
				  customer to post a security deposit as a condition of receiving utility
				  service, unless such new customer is a seasonal or short-term
				  customer.
(c)
(1) As of September 1, 1982, no distribution
				  utility shall, unless authorized by the commission under subdivision (e) of
				  this section, require a current residential customer, other than a delinquent
				  customer, to post a security deposit, and deposits held on that day shall be
				  returned promptly to nondelinquent residential customers, and in no event later
				  than the next bill for service.
(2)
				  As of June 18, 2003, no utility shall, unless authorized by the commission
				  under subdivision (e) of this section, require a current residential customer,
				  other than a delinquent customer, to post a security deposit. Deposits held
				  from current, nondelinquent customers whose agreement for the provision of
				  commodity was renewed on or continued on or after June 18, 2003 shall be
				  returned promptly to such customers, and in no event later than the next bill
				  for service.
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 11.13 - Meter readings and estimated bills

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A utility may render an estimated bill
				  for any billing period if:
(1) the estimated
				  bill is calculated in accordance with a procedure approved by the commission
				  and clearly states that it is based on an estimated reading; and
(2) the distribution utility has made a
				  reasonable effort to obtain an actual meter reading; or
(3) circumstances beyond the control of the
				  distribution utility made an actual reading of the meter extremely
				  difficult;
(4) circumstances
				  indicate a reported reading is likely to be erroneous;
(5) an estimated reading has been prescribed
				  or authorized by the commission for a billing period between periods when
				  actual meter readings were scheduled; or
(6) the customer is a seasonal or short-term
				  customer, as those terms are defined in section
				  11.12(a) 
				  of this Part. For such customers, an actual meter reading shall be taken upon
				  disconnection or suspension of service.
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 11.14 - Backbilling on residential accounts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No utility shall charge a residential
				  customer for service rendered more than six months prior to the mailing of the
				  first bill for service to the residential customer unless the failure of the
				  utility to bill at an earlier time was not due to the neglect of the utility or
				  was due to the culpable conduct of the customer. If the customer remains liable
				  for any such service and the delay in billing was not due to the culpable
				  conduct of the customer, the utility shall explain the reason for the late
				  billing and shall notify the customer in writing that payments may be made
				  under an installment payment plan tailored to the customer's financial
				  circumstances.
(b) A utility may
				  not adjust upward a bill previously rendered to a residential customer after 12
				  months from the time the service to which the adjustment pertains was provided
				  unless:
(1) failure to bill correctly was
				  caused by the customer's culpable conduct;
(2) failure to bill correctly was not due to
				  the neglect of the utility;
(3)
				  such adjustment is necessary to adjust a budget payment plan or levelized
				  payment plan as described in section
				  11.10 
				  of this Part; or
(4) there was a
				  dispute between the utility and the customer concerning the charges for service
				  during the 12-month period.
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 11.15 - Late payment and other charges

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Late payment charges. A utility may impose a one-time or continuing late
				  payment charge, not in excess of 11/2 percent per month on the unpaid balance
				  of any bill for service including any interest thereon, provided the utility:
(1) clearly shows on each bill the amount
				  billed, whether any charge will be imposed for late payment, when the late
				  payment charge becomes applicable, and the time period during which the bill
				  may be paid without the imposition of the late payment charge;
(2) does not impose a late payment charge for
				  any bill or portion thereof which is paid within 20 days of the date payment
				  was due, according to the standard set forth in section
				  11.4(a)(3) 
				  of this Part;
(3) does not impose
				  such charge on any bill that is the subject of a pending complaint before the
				  utility or the commission; provided, however, that a late payment charge may be
				  imposed on the balance due where the final resolution of the complaint directs
				  payment of the entire disputed amount to the utility; and provided further,
				  that no such charge may be imposed for more than two months of the pendency of
				  the complaint unless authorized by the commission or its designee.
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 11.16 - Contents of bills

Current through Register Vol. 46, No. 28, July 10, 2024
Each utility bill to a residential customer shall provide,
					 in clear and understandable form and language, the charges for service. Each
					 distribution utility bill to a residential customer shall include:
(a) the name, address and account number of
				  the customer, dates of the present and previous meter readings, whether
				  estimated or actual, amount consumed between present and previous readings,
				  amount owed for the latest period, the date by which payments for the latest
				  period may be paid without penalty, the penalty charge for late paid bills,
				  credits from past bills and any amounts owed and unpaid from previous
				  bills;
(b) the customer's service
				  classification, the billed demand, the meter-multiplier constant (if
				  applicable), and any charges or credits which are adjustments to the base
				  charges imposed by the distribution utility's tariff for the rate
				  classification of that customer;
(c) if the bill is issued under a budget or
				  levelized billing plan, an identification of the type of plan, the total of the
				  year's budget or levelized amounts billed to the end of the period covered by
				  the current bill, the dollar amount billed for tariff items during such period,
				  and the debit or credit balances; and
(d) an explanation of how the bill may be
				  paid, including one or more local distribution utility offices at which it may
				  be paid, and a statement that bills may be paid at other authorized offices or
				  payment agencies. Nothing in this section shall preclude a distribution utility
				  from providing pertinent messages and information on the bill, provided such
				  information does not interfere with the presentation of the information
				  required by this section.
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 11.17 - Notification requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Annual
				  notification of rights. Every utility shall, at the time service is initiated
				  to a residential customer and at least annually thereafter, by a notice
				  accompanying a regular bill or in a separate mailing, provide residential
				  customers with a summary of their rights and obligations under the Home Energy
				  Fair Practices Act, the Energy Consumer Protection Act of 2002 and this Part.
				  At a minimum, the summary shall include the following:
(1) a description of the complaint-handling
				  procedures available at the utility and the commission;
(2) the rights and obligations of residential
				  customers relating to payment of bills, termination, disconnection and
				  suspension of service and reconnection of service;
(3) a description of special protections
				  afforded the elderly, blind and disabled; persons with medical emergencies;
				  persons receiving public assistance, supplemental security income benefits or
				  additional State payments; and persons in two-family dwellings;
(4) a request that residential customers who
				  qualify for the protections referred to in section
				  11.5(b) and
				  (c)  of this Part voluntarily so inform the
				  utility;
(5) the right of a
				  customer to designate a third party to receive copies of all notices relating
				  to termination, disconnection and suspension of service or other credit
				  notices;
(6) appropriate forms that
				  customers claiming the protections of paragraph (3), (4) or (5) of this
				  subdivision may fill out and return;
(7) a description of the customers' rights in
				  regard to deferred payment plans and the holding and demanding of security
				  deposits by the utility;
(8) a
				  description of the utility's budget or levelized payment plans; and
(9) if a residential customer receives
				  residential gas or electric service from two or more utilities, the residential
				  customer need not be notified by each such utility. The distribution utility
				  shall provide a single annual notice to residential customers.
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 11.18 - Emergency disconnections of residences

Current through Register Vol. 46, No. 28, July 10, 2024
A distribution utility may disconnect service to a
					 residence when an emergency may threaten the health or safety of a person, a
					 surrounding area or the utility's distribution system. The distribution utility
					 shall act promptly to assure restoration of service as soon as feasible.
					 Service shall be restored to any residence before it may be disconnected for
					 any other reason.
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 11.19 - Inspection and examination of distribution utility apparatus

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A duly authorized agent of the
				  distribution utility may enter any dwelling, building or other location
				  supplied with service by the distribution utility for the purposes of
				  inspecting and examining the meters, pipes, fittings, wires and other apparatus
				  for regulating, supplying and/or ascertaining the quantity supplied on a
				  nonholiday workday between 8 a.m. and 6 p.m., or at such other reasonable times
				  as requested by a customer. At such time, the agent shall exhibit a
				  photo-identification badge and written authority signed by the president or
				  vice-president and secretary or assistant secretary of a distribution utility
				  corporation, or by the mayor or clerk of a municipal corporation or by the
				  chairman and secretary of a municipal board in control of a municipal
				  utility.
(b) The provisions of
				  subdivision (a) of this section shall not apply to the inspection and
				  examination of any such equipment where an emergency may threaten the health
				  and safety of a person, the surrounding area, or the distribution utility's
				  distribution system.
(c) Inspection
				  and examination of any such equipment may be conducted between the hours of 8
				  a.m. and 9 p.m. on any day when there is evidence of meter tampering or theft
				  of services.
(d) An agent of the
				  distribution utility, otherwise duly authorized to inspect and examine
				  apparatus, may not enter locked premises without the permission of the person
				  lawfully in control on the premises, nor use any manner of force to carry out
				  inspection and examination, except when an emergency may threaten the health or
				  safety of a person, the surrounding area, or the distribution utility's
				  distribution system, or where authorized by a court order.
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 11.20 - Complaints to the utility

Current through Register Vol. 46, No. 28, July 10, 2024
Customer complaints about bills for utility service,
					 deposit requests or other service problems shall first be made to the utility.
					 The utility shall allow complaints to be accepted and processed in a simple
					 manner and form. Every utility shall promptly investigate any complaint in a
					 fair manner and report the results to the complainant. If the report of the
					 investigation is made orally, the utility shall offer the complainant, upon
					 written request, the opportunity to receive the report in writing. A utility
					 resolving a complaint in whole or in part in its favor shall inform the
					 complainant of the availability of the commission's complaint handling
					 procedures, including the commission's address and telephone number. Every
					 utility shall file with the commission its procedures for fulfilling the
					 requirements of this section, and any changes in such procedures must be filed
					 at least 30 days prior to implementation. A utility shall refrain from
					 terminating, disconnecting or suspending service for nonpayment during the
					 pendency of a complaint before the utility or the commission and for 15 days
					 after resolution by the utility, or by the commission or its authorized
					 designee, unless otherwise provided by the commission or its authorized
					 designee; provided, however, that as a condition of continued service during
					 the pendency of such dispute, a customer shall pay the undisputed portions of
					 any bill for service, including bills for current usage, or such amounts as the
					 commission or its authorized designee determines reasonably reflect the cost of
					 usage to such customer.
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 11.21 - Emergency hotline

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Emergency
				  hotline at the commission. The commission has established a toll-free telephone
				  number that residential customers may call regarding initiation, termination,
				  disconnection, suspension or reconnection of service. The number is 1 (800)
				  342-3355 and customers may call on any business day between 7:30 a.m. and 7:30
				  p.m.
(b) Commission authority to
				  order provision of service. During times that the hotline is attended, and in
				  response to calls, an employee of the commission shall have the authority to
				  order the reconnection, continuation or initiation of utility service whenever
				  a reasonable question regarding the circumstances of a termination,
				  disconnection, suspension or refusal of service exists or whenever the health
				  or safety of a person is involved.
(c) Utility responsibility. Every utility
				  shall submit to the commission the names and telephone numbers of employees
				  authorized to direct compliance with orders issued under subdivision (b) of
				  this section. Every utility shall adopt procedures necessary to comply with
				  such orders.
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 11.22 - Waiver

Current through Register Vol. 46, No. 28, July 10, 2024
Unless otherwise precluded by article 2 of the Public
					 Service Law or other applicable law, the commission may, for good cause shown
					 or upon its own motion, waive any requirement of this Part.
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 › Shared Meter Regulations › Section 11.30 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Extraordinary
					 cost means the cost, as determined by a qualified professional and shown in a
					 written estimate signed by that professional, which also shows all relevant
					 license numbers or professional qualifications, of installing equipment
					 necessary to eliminate a shared meter in a dwelling or part of a dwelling which
					 is in excess of the amount of rent for four months rental of such dwelling, or
					 two months rental of such dwelling if the amount of service measured by the
					 shared meter, that is used outside the shared meter customer's dwelling, is
					 less than 20 percent of the average total monthly consumption recorded on the
					 meter for the immediately preceding 12-month period (or if insufficient history
					 is available, based on the best available information).
(b) Qualified professional means a person who
					 is permitted to install or repair gas, steam or electric equipment, including
					 rewiring or repiping, by the local code of the municipality where the meter in
					 question is located.
(c) Legal
					 impediment means a restriction which prevents separate metering, rewiring, or
					 repiping due to zoning ordinances, which limit the number, type or location of
					 meters in a building, or due to the historical significance of the structure,
					 or any other legal prohibition against elimination of the shared meter
					 condition.
(d) Minimal service.
					 Whenever the quantity of service on a shared meter, that is used outside of the
					 tenant's dwelling, is estimated to be less than 10 percent of the total monthly
					 consumption recorded on the meter, based on average monthly service for the
					 immediately preceding 12-month period (or if insufficient history is available,
					 based on the best available information), or 75 kwh/month of electricity, five
					 therms/month of gas or one mlb/month of steam, whichever is greater, the owner,
					 tenant and any third party whose utility service was to be measured through
					 another meter and had caused or benefited from the shared meter condition, may
					 negotiate a mutually acceptable agreement for the responsibility for the cost
					 of such shared meter consumption. When the interested parties are unable to
					 negotiate a mutually acceptable arrangement, the commission or its designee may
					 order a remedy for a shared meter customer that it deems fair and equitable
					 based on costs incurred and benefits received by the various parties.
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 › Shared Meter Regulations › Section 11.31 - Commission's designee

Current through Register Vol. 46, No. 28, July 10, 2024
The commission's designee, for the purpose of this
						section and Public Service Law, section
						52, is the director of the department's
						Office of Consumer Services.
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 › Shared Meter Regulations › Section 11.33 to 11.36 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024