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 11.32 - Service to shared meter account

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A distribution utility may not disconnect
					 service to an occupied building at the owner's request unless a new account
					 will be opened and disconnection of the owner's shared meter account will not
					 result in interruption of service.
(b) A distribution utility shall not
					 disconnect service to a shared meter account for nonpayment unless it complies
					 with the requirements of this section.
(1) The
					 distribution utility shall give 15 days' written notice of its intention to
					 disconnect service to a shared meter account by mailing a copy of the notice to
					 the owner of the premises or to the recipient of the last preceding service
					 bill, mailing or otherwise delivering a copy of the notice to each affected
					 dwelling unit, and, when common areas of the building will be affected, and
					 unless precluded by physical circumstances, posting a copy of the notice in a
					 conspicuous place at or within the building.
(2) The notice shall provide the information
					 required by section
					 11.4(a)(2)(i)-
					 (iv)  of this Part, state that there are
					 special protections for occupants of premises receiving service through a
					 shared meter account, that the department staff may be contacted for
					 information and advice, and that subdivision (1) of section 235-a  of the Real Property Law may
					 authorize occupants of multiple dwellings who make utility payments to prevent
					 disconnection of service on a shared meter account to deduct such payments from
					 their rent.
(3) Any occupant who
					 would be affected by disconnection of a shared meter account may prevent
					 disconnection of service by paying the current charges for such service. An
					 occupant who chooses to pay current charges shall not be liable for any future
					 bills rendered for utility service through the shared meter. In the event of
					 such payment, the utility that issues the bills shall continue to render all
					 bills to the owner and to send a copy to any occupant upon request. Current
					 charges shall be defined as an amount not to exceed that due for billed service
					 provided during the two months preceding the disconnection date set forth in
					 the notice.
(4) The department's
					 staff shall be available to advise occupants who would be affected by
					 disconnection of shared meter accounts of the protections provided by this
					 section.
(5) Whenever a final
					 notice of disconnection of utility service has been provided under this
					 section, and disconnection has been avoided, the distribution utility shall so
					 notify the affected occupants by mailing or otherwise delivering such notice to
					 the occupants or posting such notice in a conspicuous place at or within the
					 building.
(6) During the cold
					 weather period, defined in section
					 11.5(c)(2) 
					 of this Part, a distribution utility intending to disconnect heat-related
					 service, as that term is defined in section
					 11.5(c)(1) 
					 of this Part, to a shared meter account shall provide the written notices
					 required under paragraphs (1) and (2) of this subdivision not less than 30 days
					 before the intended disconnection.
(7) During the cold weather period defined in
					 section
					 11.5(c) 
					 of this Part, a distribution utility intending to disconnect service to a
					 shared meter account shall comply with the requirements set forth in sections
					 11.5,
					 11.7
					 and
					 11.8 
					 of this Part.