New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter V - WATERWORKS CORPORATIONS › Subchapter C - Rates And Charges › Part 533 - Notices Of Discontinuance And Complaint Procedures › Section 533.9 - Billing disputes

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every
				  waterworks corporation shall establish procedures whereby any complaint filed
				  with such corporation by any customer thereof in regard to any bill for service
				  rendered or any deposit required will be promptly investigated in an
				  appropriate and fair manner, with the result of such investigation being
				  promptly reported to the complaining customer. Such procedures shall allow the
				  acceptance and processing of complaints submitted in simple manner and form.
				  Regardless of whether a notice of discontinuance has previously been sent, the
				  utility's procedures shall provide that pending the utility's investigation it
				  shall not discontinue service or issue a notice of discontinuance; provided,
				  however, the consumer may be required to pay the undisputed portion of a
				  disputed bill or deposit to prevent discontinuance or the issuance of a notice
				  of discontinuance.
(b) If, after
				  the completion of such an investigation, the utility determines that the
				  disputed service has been rendered, or that the disputed charge or deposit is
				  proper, in whole or in part, the utility may require the full bill or deposit
				  or the appropriate portion thereof to be paid; in such event, appropriate
				  notice of the determination shall be given to the customer, and where notice of
				  discontinuance of service has previously been sent, or is served with the
				  determination, such notice shall include a statement advising the customer of
				  the availability of the commission's complaint handling procedures. The
				  utility's procedures may provide for discontinuance of service if the customer
				  fails to pay such required amount after receipt of proper notice, provided that
				  a customer's service will not be discontinued until at least five days after
				  notice of the utility's determination, where personal service is made upon the
				  person supplied, or at least eight days after mailing of such a notice; and
				  provided further that a customer's service shall not be discontinued, nor shall
				  a notice of discontinuance be issued, if a complaint regarding a bill or
				  deposit has been made to the commission and the customer pays the undisputed
				  portion of any bill for service, including bills for current usage, during the
				  commission's investigation of such complaint, unless the commission shall
				  otherwise order.
(c) The utility's
				  procedures shall provide that, where the complaint procedures of the commission
				  have been invoked and it is determined that the disputed service has been
				  rendered, or that the disputed charge or deposit is proper, in whole or in
				  part, a customer's service will not be discontinued for failure to pay the
				  amount found appropriate until at least 15 days after notice of the
				  commission's determination.
(d) The
				  procedures required to be established under this section shall be filed with
				  the commission for review. The commission shall be advised of any substantial
				  changes in such procedures 30 days prior to their proposed implementation to
				  permit commission review.