New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter X - Power Authority Of The State Of New York › Part 454 - Power Service › Section 454.6 - Billings and payments

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Billings. Except as otherwise provided in the accepted application for electric
				service, the applicable service tariff or other contract documents, authority
				will submit bills to customer on or before the 10th business day of each
				billing period for electric service furnished during the preceding billing
				period, and payments will be due and payable by customer on the first day of
				the billing period immediately succeeding the date each bill is submitted. For
				the purposes of the preceding sentence, the term business day shall mean a day
				other than a Saturday, Sunday, or banking holiday in the State of New
				York.
(b) Nonpayment of bills.
				Except as otherwise provided in the accepted application for electric service
				the applicable service tariff or other contract documents if customer fails to
				pay any bill when due an interest charge of two percent of the amount unpaid
				shall be added thereto as liquidated damages, and thereafter, as further
				liquidated damages, an additional interest charge of one and one-half percent
				of the sum unpaid shall be added on the first day of each succeeding billing
				period until the amount due, including interest, is paid in full. Authority
				shall have the right upon not less than 15 days' advance written notice to
				discontinue furnishing electric service to customer for nonpayment of bills and
				to refuse to resume same so long as any part of the amount due remains unpaid.
				In the case of contracts with electric corporations entered into on or after
				May 1, 1974, failure to make prompt and timely payments of all bills rendered
				by authority for electric service shall be grounds for immediate termination
				pursuant to section
				1005
				(e) of Public Authorities Law. Such
				discontinuance of electric service will not relieve customer of liability for
				any minimum charge during the time electric service is so discontinued. The
				rights given in this subdivision to authority shall be in addition to all other
				remedies available to authority, either at law or in equity, for the breach of
				any of the provisions of this subdivision.
(c) Adjustment for fractional billing period.
				For a fractional part of a billing period at the beginning or end of service,
				and for fractional periods due to withdrawals or other changes in the agreed
				upon amount of service the demand or capacity charge and the portion of the
				minimum charge based on demand or capacity or minimum amount of energy to be
				billed shall each be proportionately adjusted in the ratio that the number of
				hours that electric service is furnished to customer in such fractional billing
				period bears to the total number of hours in the billing period
				involved.
(d) Adjustments for
				curtailment (interruptions or reductions) of service.
(1) Unless otherwise specified in the
				applicable service tariff or application for electric service or other contract
				documents, if for the reasons specified in subdivisions (a) and (b) of section
				454.3 of this Part conditions on
				the power system of authority (which system, for purpose of adjustments
				hereunder, shall include transmission and delivery facilities, if any, utilized
				but not owned by authority) require the delivery of electric service to be
				interrupted or reduced below the contract demand or other maximum rate of
				delivery in effect for the affected type of service, or below the rate of
				delivery required by customer at the time of such reduction, whichever is the
				lesser, for a period or periods of one hour or longer in duration, each
				customer shall receive a credit against the capacity charge and the minimum
				charge for the billing period representing a fraction of the total capacity
				charge and of the minimum charge determined by the ratio of (i) the sum of the
				hours in which the rate of delivery was reduced to zero plus the total of the
				fractional hours of partially reduced service (the fraction for each hour being
				the ratio of the reduction in rate of delivery below that scheduled by customer
				to customer's contract demand) to (ii) the number of hours in the billing
				period.
(2) Customer shall be
				limited in its remedy for such interruptions or reductions to the relief
				granted by this subdivision.