reglab/statecodes huggingface dataset:
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- Home Energy Fair Practices Act And Energy Consumer Protection Act-rules › Shared Meter Regulations › Section 11.37 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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Fair Practices Act And Energy Consumer Protection Act-rules › Shared Meter Regulations › Section 11.38 to 11.39 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 12 - Consumer Complaint Procedures › Section 12.0 - Applicability of part 12 complaint procedures

Current through Register Vol. 46, No. 28, July 10, 2024
When used in this Part, the term utility includes 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, including energy services companies and owners of
					 submetered residential buildings; 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.
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 12 - Consumer Complaint Procedures › Section 12.1 - Complaints and questions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Filing. Any utility customer may file a complaint with, or ask a question of,
				  the commission relating to his or her electric, gas, steam, telephone or water
				  service, when the customer believes he or she has not obtained a satisfactory
				  resolution of a dispute with a utility regulated by the commission. Complaints
				  may involve bills for utility service, deposit requests, negotiations for
				  deferred payment agreements, service problems, and other matters relating to
				  utility service.
(b) Department
				  offices. A complaint or question may be filed by telephone, letter,
				  electronically, or in person at the commission's office in New York City,
				  Albany or Buffalo.
(c) Complaint
				  submissions. Once a customer has filed a complaint and provided basic
				  information to the commission's Office of Consumer Services so the complaint
				  can be investigated, the utility will be notified of the complaint and will be
				  required to submit information regarding the merits of the complaint. This
				  submission should explain its actions in the disputed matter and the extent to
				  which those actions were consistent with the utility's procedures and tariff,
				  commission rules, regulations, orders and opinions, and applicable State laws.
				  The utility may be required by staff to provide copies of bills, billing
				  statements, field reports, written documents, or other information in the
				  possession of the utility which may be necessary to make a decision on the
				  complaint. A customer making a complaint is responsible for providing staff
				  with any facts that he or she possesses in support of his or her
				  position.
(d) Inspections and
				  tests. Should staff determine that an onsite inspection or test is required, he
				  or she may order a test or inspection. This work may be done by staff and/or by
				  utility staff at the direction of commission staff, depending on the nature of
				  the complaint, time considerations and staff availability.
(e) Investigation. Staff will investigate
				  each complaint or question and will respond to the customer, or, if possible,
				  suggest the name, address and/or telephone number of a person or agency who
				  might be able to respond.
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 12 - Consumer Complaint Procedures › Section 12.2 - Complaint files

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A complaint
				  file will be maintained at one of the commission's offices. It will contain all
				  information in the commission's possession relating to a complaint.
(b) Customers, utilities or their
				  representatives may look at and copy complaint files concerning cases to which
				  they are a party. Staff will provide copies of the documents in accordance with
				  the fee schedules in the commission's Administrative Manual. One free copy of
				  the file will be made for those customers who state that they are unable to pay
				  for reproduction costs.
(c)
				  Complaint files shall be kept for at least one year after a case is
				  closed.
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 12 - Consumer Complaint Procedures › Section 12.3 - Continuation of service while a complaint is at the commission

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A utility shall not terminate, disconnect
				  or suspend a customer's service, based on amounts billed that have not been
				  paid and which are in dispute, from the time that a complaint or an appeal of a
				  complaint is filed with the commission until 15 days after the decision is
				  mailed or personally communicated to the customer or his or her
				  representative.
(b) In order to
				  continue service during the time a complaint or an appeal of a complaint is at
				  the commission, the utility may require the customer to pay amounts of bills
				  not in dispute. If the undisputed amount is not paid, the utility may be
				  entitled to terminate, disconnect, or suspend the customer's service. Should
				  there be any question as to the amount in dispute, staff will make a reasonable
				  estimate, establishing the disputed amount.
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 12 - Consumer Complaint Procedures › Section 12.4 - Initial decision on complaint

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When
				  necessary information has been obtained, a staff member will make an initial
				  decision on the complaint, based on his or her findings, applicable State laws,
				  commission rules, regulations, orders and opinions, and utility
				  tariffs.
(b) Staff shall call or
				  write the customer or his or her representative to inform him or her of the
				  decision, the reasons for the decision, and what actions must be, or may be,
				  taken by the customer or the utility. The utility will be notified of the
				  disposition of the complaint and of any action which it must take. A customer
				  or utility may request a written copy of the initial decision. If the decision
				  is communicated orally, the customer will be informed that he or she may
				  receive the decision in written form.
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 12 - Consumer Complaint Procedures › Section 12.5 - Requests for informal hearing or review

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) If
				  the customer or the utility objects to the initial decision, a request for an
				  informal hearing or review may be made to the commission's Office of Consumer
				  Services in writing, by telephone or in person, explaining the basis for the
				  request. The request should be received within 15 days after the initial
				  decision is mailed or personally communicated.
(2) A request for an informal hearing may be
				  denied if the relief sought by the customer or utility is beyond the power of
				  the informal hearing officer to provide. In this case, the person requesting
				  the hearing shall be notified as to the reason why a hearing cannot resolve the
				  complaint, and shall be advised of the appropriate authority to address the
				  complaint, if known. If the person requesting the hearing contends that the
				  hearing officer does have the authority to decide the complaint, he or she may
				  appeal to the commission in accordance with section
				  12.13 
				  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 12 - Consumer Complaint Procedures › Section 12.6 - Description of informal hearings and reviews

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Informal hearings.
(1) An informal hearing is a procedure at
				  which the utility and the customer, and/or his or her representative, appear
				  and are provided with the opportunity to present information, discuss and
				  resolve the complaint before an informal hearing officer. Hearings normally
				  will be held at commission offices; however, a customer may request that an
				  informal hearing be conducted by telephone conference call.
(2) The hearing officer is an impartial
				  member of the commission staff who has not had previous contact with the
				  complaint. The hearing officer will consider the statements made by the parties
				  at the hearing and review relevant information in the complaint file. The
				  hearing officer will then make an independent decision and provide the customer
				  and utility with a written statement explaining the reasons for the
				  decision.
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 12 - Consumer Complaint Procedures › Section 12.7 - Rights of parties

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Informal
				  hearing rights. The parties to an informal hearing shall have the following
				  rights:
(1) To represent themselves or to be
				  represented by counsel or other person of their choice. At the request of a
				  customer, the commission's Office of Consumer Services may assign an advocate,
				  free of charge, if available, to assist the customer in preparing and
				  presenting his or her complaint during an informal hearing.
(2) To examine the documents in the complaint
				  file before the informal hearing.
(3) To have a reasonable opportunity during
				  an informal hearing to present evidence and arguments concerning the complaint,
				  and to challenge the evidence of and question the other party.
(4) To have the commission tape-record the
				  hearing, with the consent of the customer. The commission will retain such tape
				  for at least four months after the complaint is closed. The hearing officer
				  shall inform the parties that either party may review the recording at the
				  commission office or make a copy of the tape at his or her own
				  expense.
(5) To have an interpreter
				  at the hearing. If the party in need of such services is unable to obtain an
				  interpreter, the commission will provide an interpreter where feasible,
				  provided that the customer makes the request at least five days before the
				  hearing.
(6) To request that
				  information relevant to the complaint possessed by the other party be provided.
				  The request can be made directly or through the hearing officer.
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 12 - Consumer Complaint Procedures › Section 12.8 - Powers and duties of hearing officers and reviewers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Informal hearing officers and reviewers
				  shall conduct fair and impartial hearings or reviews, and may, in carrying out
				  this responsibility:
(1)
(i) Order utilities to provide copies of
				  information in their possession and state the form in which certain information
				  is to be provided.
(ii) Request
				  customers to provide information in their possession which is necessary to
				  prove any facts that the customer offers in support of his or her position. The
				  customer's failure to provide any such information may influence the hearing
				  officer's decision regarding that particular fact.
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 12 - Consumer Complaint Procedures › Section 12.9 - Hearing postponement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  hearing officer may grant initial requests for a hearing postponement. A party
				  requesting a second postponement will be required to provide reasonable
				  justification for the postponement. If a party does not provide reasonable
				  justification, as determined by the hearing officer, a new hearing date will
				  not be set and an informal review will be conducted.
(b) The hearing officer may, at his or her
				  own discretion, postpone or adjourn a hearing for reasonable cause. If a
				  hearing is postponed, adequate notice will be provided to 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 12 - Consumer Complaint Procedures › Section 12.10 - Failure to appear

Current through Register Vol. 46, No. 28, July 10, 2024
If a customer or the utility does not appear for a
					 scheduled hearing, without good cause, the hearing officer will accept
					 information from the attending party, and make a determination on the
					 dispute.
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 12 - Consumer Complaint Procedures › Section 12.11 - Settlement agreement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If, at
				  any point during the informal hearing, the utility and the customer agree to
				  settle their dispute, the agreement shall be in writing and signed by the
				  customer, the utility representative and the hearing officer. The agreement
				  shall state that it is binding on parties and may not be appealed.
(b) A settlement of an informal review shall
				  be confirmed by letter from the reviewer to 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 12 - Consumer Complaint Procedures › Section 12.12 - Informal hearing or review decision

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If the parties have not been able to
				  settle their dispute, the hearing officer or informal reviewer will make a
				  written decision. In reaching the decision, the hearing officer shall give
				  consideration to the evidence and facts of the case, and base the decision on
				  his or her findings, applicable State law, commission rules, regulations,
				  orders and opinions, and utility tariffs. The decision shall summarize the
				  positions and arguments of the customer and the utility, the facts as
				  established, the reasons for the decision, and, where appropriate, include a
				  statement of what actions must be taken by the parties.
(b) The hearing officer or reviewer shall
				  promptly notify the parties, by first class mail, of the decision and of the
				  parties' right to appeal in writing to the commission and the time by which an
				  appeal must be filed.
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 12 - Consumer Complaint Procedures › Section 12.13 - Appeals to the commission

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Filing
				  of appeals. If a customer or utility disagrees with the decision rendered in
				  the informal hearing or review, the customer or utility may appeal to the
				  commission by writing to the Office of the Secretary to the Public Service
				  Commission, 3 Empire State Plaza, Albany, NY 12223. The appeal should be filed
				  within 15 days after the informal hearing or review decision is
				  mailed.
(b) Requirements for
				  appeals. An appeal must be in writing and be based on one or more of the
				  following grounds:
(1) The hearing officer or
				  reviewer made a mistake in the facts in the case or in the interpretation of
				  laws or regulations which affected his or her decision.
(2) The hearing officer or reviewer did not
				  consider evidence, presented at the hearing or review, which resulted in an
				  unfavorable decision.
(3) New facts
				  or evidence, not available at the time of the hearing or review, have become
				  available which would have affected the decision on the complaint.
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 12 - Consumer Complaint Procedures › Section 12.14 - Commission determination

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Parties will be notified of the commission's receipt of the appeal, and a staff
				  member, who has not previously worked on the complaint, will be assigned to
				  review the request. The staff member will examine all papers submitted in
				  connection with the appeal and advise the commission on the appeal.
(b) The commission will decide the appeal and
				  may uphold, change, reject or return the decision to the informal hearing
				  officer or reviewer for additional consideration. If there is a factual or
				  legal dispute, the commission may order a formal evidentiary hearing on the
				  complaint or make such other decision as it deems appropriate.
(c) The secretary to the commission will
				  notify the customer and the utility in writing of the commission's decision and
				  action.
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 13 - Rules Governing The Provision Of Service By Gas, Electric And Steam Corporations To Nonresidential Customers › Section 13.1 - Applicability of rules and definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applicability.
(1) Notwithstanding any other commission
				  rules or orders to the contrary, this Part governs the rights, duties and
				  obligations of every gas, electric and steam corporation or municipality
				  subject to the jurisdiction of the commission by virtue of articles 4 and 4-A
				  of the Public Service Law, their nonresidential customers and the applicants
				  for such nonresidential service.
(2) Nothing in this Part shall modify the
				  commission's rules or orders applicable to the provision of gas, electric or
				  steam service to residential customers under Part 11 of this Title.
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 13 - Rules Governing The Provision Of Service By Gas, Electric And Steam Corporations To Nonresidential Customers › Section 13.2 - Applications for service

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Extension
				  of service.
(1) A utility shall either provide
				  or deny service to any applicant as soon as reasonably possible, but no later
				  than 10 calendar days after receipt of a completed application for service or
				  such later time as may be specified by the applicant, except:
(i) where prevented by labor strikes or other
				  work stoppages;
(ii) where
				  precluded by consideration of public safety;
(iii) where precluded by physical
				  impediments, including:
(a) adverse weather
				  conditions;
(b) inability to gain
				  access to premises in the possession of the applicant or others;
(c) incomplete construction of necessary
				  facilities by the applicant or inspection and certification thereof by the
				  appropriate authorities; or
(d)
				  incomplete construction of necessary facilities by the utility.
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 13 - Rules Governing The Provision Of Service By Gas, Electric And Steam Corporations To Nonresidential Customers › Section 13.3 - Termination of service

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Conditions
				  for termination.
(1) Except as provided in
				  paragraph (2) of this subdivision and section
				  13.13 
				  of this Part, a utility may only terminate service to a customer if it provides
				  advance final notice of the termination and fulfills all other requirements of
				  this section when the customer:
(i) fails to
				  pay any tariff charge due on the customer's account for which a written bill
				  itemizing the charge, in conformance with section
				  13.11  of this
				  Part, has been sent, except for charges that reflect service used more than six
				  years prior to the time the bill first containing these charges was rendered,
				  which charges must be pursued by other methods of collection;
(ii) fails to pay amounts due under a
				  deferred payment agreement;
(iii)
				  fails to pay a security deposit if in accordance with section
				  13.7 
				  of this Part;
(iv) fails to provide
				  reasonable access to the premises for necessary or proper purposes in
				  connection with rendering of service, including meter installation, reading or
				  testing, or the maintenance, or removal, or securing, of the utility's
				  property, so long as the requirements of section
				  13.8(c) 
				  of this Part have been met, and the customer has not advised the utility that
				  the customer does not and who does have control over access; or
(v) fails to comply with a provision of the
				  utility's tariff which permits the utility to refuse to supply or to terminate
				  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 13 - Rules Governing The Provision Of Service By Gas, Electric And Steam Corporations To Nonresidential Customers › Section 13.4 - Reconnection of service

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Obligation
				  to reconnect.
(1) A utility shall reconnect
				  service that has been terminated solely for nonpayment of bills for any tariff
				  charge or a security deposit within 24 hours of the customer's request for
				  reconnection, receipt by the utility of the lawful reconnection charge, any
				  other charges, fees or penalties due, legal fees, court costs and
				  disbursements, if applicable, and either:
(i)
				  the full amount of arrears and/or a security deposit for which service was
				  terminated, and any other tariff charges billed after the issuance of the
				  termination notice which are in arrears at the time reconnection is requested;
				  or
(ii) the signing of a deferred
				  payment agreement in accordance with section
				  13.5 
				  of this Part for the amounts set forth in subparagraph (i) of this paragraph,
				  and the receipt of a down payment, if required under the agreement.
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 13 - Rules Governing The Provision Of Service By Gas, Electric And Steam Corporations To Nonresidential Customers › Section 13.5 - Deferred payment agreements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Utility's obligations.
(1) A utility shall
				  provide a written notice offering a deferred payment agreement in accordance
				  with this section to an eligible customer at the following times:
(i) not less than five calendar days before
				  the date of a scheduled termination of service for nonpayment of arrears, as
				  indicated on a final termination notice, or eight calendar days if mailed,
				  provided the customer has been a customer for at least six months and the
				  arrears on which the outstanding termination notice is based exceed two months'
				  average billing; and
(ii) when it
				  renders a backbill, which exceeds the cost of twice the customer's average
				  monthly usage or $100, whichever is greater; provided, however, that a utility
				  shall not be required to offer an agreement when the customer knew, or
				  reasonably should have known, that the original billing was
				  incorrect.
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 13 - Rules Governing The Provision Of Service By Gas, Electric And Steam Corporations To Nonresidential Customers › Section 13.6 - Levelized payment plans

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Obligation
				  to offer. A utility shall provide a written notice offering a voluntary
				  levelized payment plan designed to reduce fluctuations in payments caused by
				  seasonal patterns of consumption to its eligible customers at least once in
				  each 12-month period.
(b)
				  Eligibility. A utility shall be required to offer a levelized payment plan to
				  all customers except:
(1) customers who have
				  less than 12 months of billing history at the premises;
(2) seasonal, short-term or temporary
				  customers;
(3) customers who have
				  arrears;
(4) interruptible,
				  temperature-controlled, or dual-fuel customers;
(5) customers who, for any reason, ceased
				  being billed on a previous levelized payment plan before the end of the plan
				  year in the past 24 months; or
(6)
				  customers whose pattern of consumption is not sufficiently predictable to be
				  estimated on an annual basis with any reasonable degree of certainty.
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 13 - Rules Governing The Provision Of Service By Gas, Electric And Steam Corporations To Nonresidential Customers › Section 13.7 - Security deposits

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Deposit requirement.
(1) A utility may only
				  require the payment of a security deposit from:
(i) a new customer; or
(ii) an existing customer:
(a) who is delinquent;
(b) whose financial condition is such that it
				  is likely that the customer may default in the future; provided, however, that
				  the utility must have reliable evidence of such condition, such as reports from
				  accepted financial reporting services or credit reporting agencies;
(c) who has filed for reorganization or
				  bankruptcy; or
(d) who has been
				  rendered a backbill within the last 12 months for previously unbilled charges
				  for service that came through tampered equipment.
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 13 - Rules Governing The Provision Of Service By Gas, Electric And Steam Corporations To Nonresidential Customers › Section 13.8 - Meter reading and estimated bills

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Meter reading.
(1) A utility shall make a
				  reading attempt, to obtain an actual reading for every customer's account, on
				  the regularly scheduled basis provided for in its tariff.
(2) A reading attempt requires that a meter
				  reader visit the premises between 8 a.m. and 5 p.m. on a business day, and
				  follow any routine access instructions.
(3) Where circumstances beyond a utility's
				  control prevent the utility from making a regularly scheduled reading attempt
				  and where the two previous consecutive cycle bills were not based on an actual
				  reading, the utility shall make a second similar follow-up reading attempt as
				  soon as possible and within seven calendar days after the scheduled reading
				  date.
(4) Where a utility did not
				  obtain an actual reading from the meter(s) of a demand account at the time of a
				  regularly scheduled or follow-up reading attempt, the utility shall make
				  another reading attempt as soon as possible and within seven calendar days
				  after its last attempt.
(5) Where a
				  utility has billed a customer's account based on the readings of a remote
				  registration device for six consecutive months, the utility shall, at the time
				  of every subsequent reading attempt and, until successful, try to gain access
				  to and read the meter.
(6) Where a
				  utility has billed a customer's account based on customer readings for six
				  consecutive months, and did not obtain an actual reading at the time of the
				  next regularly scheduled or follow-up reading attempt thereafter, the utility
				  shall, within seven calendar days after the last attempt, either make another
				  reading attempt or an appointment with the customer to read the
				  meter.
(7) Unless a customer does
				  not have access to the meter or the customer will be unable to obtain a
				  reliable meter reading, the utility shall, at the time of any unsuccessful
				  reading attempt, leave at the premises or mail to the customer a meter-reading
				  card for the nondemand meter.
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 13 - Rules Governing The Provision Of Service By Gas, Electric And Steam Corporations To Nonresidential Customers › Section 13.9 - Backbilling

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Notice.
(1) Every backbill shall contain a written
				  explanation of the reason for the backbill that shall be sufficiently detailed
				  to apprise the customer of the circumstances, error or condition that caused
				  the underbilling, and, if the backbill covers more than a 24-month period, a
				  statement setting forth the reason(s) the utility did not limit the backbill
				  under subdivision (c) of this section.
(2) Every backbill shall contain, or be
				  accompanied by, all required information applicable under section
				  13.11  of this
				  Part.
(3) Every backbill covering
				  more than a one-month period, other than a catch-up backbill, shall contain a
				  notice that the customer may obtain upon request a detailed billing statement
				  showing how the charges were calculated, including any late payment charges.
				  All catch-up backbills shall clearly indicate how the backbill was calculated,
				  whether as if the service were used during the current cycle, or as if
				  redistributed back to the last actual reading.
(4) A backbill shall be accompanied by an
				  offer of a deferred payment agreement in accordance with section
				  13.5 
				  of this Part, if applicable.
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 13 - Rules Governing The Provision Of Service By Gas, Electric And Steam Corporations To Nonresidential Customers › Section 13.10 - Late payment and other charges

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Late payment charges. A utility may impose a continuing late payment charge as
				  provided for in its tariff on:
(1) the balance
				  of any bill for service, including levelized bills and any unpaid late payment
				  charge amounts applied to previous bills, which bill is not paid within 20
				  calendar days of the date payment was due;
(2) the amount billed for service used that
				  was previously unbilled because the service was being provided through tampered
				  equipment, and the utility can demonstrate either that the condition began
				  since the customer initiated service or that the customer actually knew or
				  reasonably should have known the original billing was incorrect; and
(3) the balance due under a deferred payment
				  agreement offered pursuant to section
				  13.5(a)(1)(i) 
				  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 13 - Rules Governing The Provision Of Service By Gas, Electric And Steam Corporations To Nonresidential Customers › Section 13.11 - Contents of bills

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Generally.
(1) Only service(s) performed, materials
				  furnished or other charges made by the utility, in accordance with its filed
				  tariff, may be included and shall be itemized on the applicable bill form.
				  Whenever the bill form, by reason of size limitations, does not permit
				  itemization, totals may be utilized, provided the charges making up such totals
				  are itemized and sent with the bill.
(2) Nothing in this section shall preclude a
				  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 13 - Rules Governing The Provision Of Service By Gas, Electric And Steam Corporations To Nonresidential Customers › Section 13.12 - Notice requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Annual
				  notice of rights.
(1) A utility plant shall,
				  at the time of application for service, and at least annually after service is
				  initiated, provide applicants and customers with a brochure containing a
				  detailed summary of their rights and obligations under this Part, a notice
				  describing the commonly used nonresidential service classification and their
				  rates, an offer of written guidelines regarding eligibility requirements for
				  the utility's service classifications, notice that the utility's tariff is
				  available for review in every utility business office, and notice that some
				  nonresidential customers may be eligible for protections under Part 11 of this
				  Title.
(2) The notice required at
				  the time of application for service shall be provided with the service
				  application to an applicant from whom a written application is required, and by
				  mail within 30 calendar days of the request for service to an applicant from
				  whom a written application is not required.
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 13 - Rules Governing The Provision Of Service By Gas, Electric And Steam Corporations To Nonresidential Customers › Section 13.13 - Disconnection without notice

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Emergency disconnections. A utility may only suspend, curtail or disconnect
				  service to a building, unit or piece of equipment, without the notice required
				  under section
				  13.3  of
				  this Part, when:
(1) an emergency may
				  threaten the health or safety of a person, a surrounding area, or the utility's
				  generation, transportation or distribution systems;
(2) there is a need to make permanent or
				  temporary repairs, changes or improvements in any part of the system;
(3) there is a governmental order or
				  directive requiring the utility to do so.
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 13 - Rules Governing The Provision Of Service By Gas, Electric And Steam Corporations To Nonresidential Customers › Section 13.14 - Inspection and examination of utility apparatus

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Right to inspect. A duly authorized
				  officer or agent of the utility may enter, at all reasonable times, any
				  building or other location supplied with service by the utility, for the
				  inspection and examination of meters, pipes, fittings, wires and works for
				  supplying or regulating the supply of gas, electricity or steam, and of
				  ascertaining the quantity of gas, electricity, or steam supplied, provided such
				  agent exhibits a photo-identification badge and written authority as provided
				  in section 65 (9)  of the Public Service
				  Law.
(b) Duty to inspect. Except to
				  the extent prevented by circumstances beyond its control, a utility shall
				  conduct a field inspection as soon as reasonably possible and within 60
				  calendar days of the following:
(1) a request
				  contained in a service application pursuant to section
				  13.2(b)(6) 
				  of this Part;
(2) a reasonable
				  customer request;
(3) the issuance
				  of a field inspection order in accordance with an automatic utility bill review
				  program;
(4) notification from any
				  reasonable source that service may not be correctly metered; or
(5) a directive by the commission or its
				  authorized 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 13 - Rules Governing The Provision Of Service By Gas, Electric And Steam Corporations To Nonresidential Customers › Section 13.15 - Complaint-handling procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Complaints to a utility.
(1) A utility shall
				  establish a written procedure for the handling of customers' complaints to the
				  utility, which shall allow for the acceptance and processing of complaints
				  submitted in a simple manner and form. Such procedure shall require that
				  complaints be promptly acknowledged, fairly investigated in a reasonable period
				  of time, and that the results of such investigations be promptly reported to
				  the complainants in plain language.
(2) A utility shall refrain from sending a
				  final notice of termination or from terminating service after the filing of a
				  complaint with the utility as set forth in section
				  13.3(b)(4) and
				  (c)(7)  of this Part.
(3) If the report of the investigation is
				  made orally, a utility shall provide the customer with the report in writing
				  upon request.
(4) At the time a
				  utility communicates its final response to a customer's complaint, it shall, if
				  the complaint resolution is wholly or partially in the utility's favor, inform
				  the customer of the commission's complaint-handling procedures, including the
				  commission address and telephone number.
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 13 - Rules Governing The Provision Of Service By Gas, Electric And Steam Corporations To Nonresidential Customers › Section 13.16 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part is held invalid by a court of
					 competent jurisdiction, such invalidity shall not affect other provisions which
					 can be given effect without the invalid provision.
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 14 - Rules Governing The Provision Of Service By Certain Water Corporations To Residential Customers › Section 14.1 - 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 as it applies to residential customers of
					 waterworks corporations with annual gross revenues in excess of $250,000 (L.
					 1986, ch. 176). That act establishes as State policy that the continued
					 provision of water service to such 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. Every right and duty
					 under this Part imposes an obligation of good faith, honesty and fair dealing
					 in its performance and enforcement. The provisions of this Part must be
					 interpreted so as to fulfill its purpose and policy.
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 14 - Rules Governing The Provision Of Service By Certain Water Corporations To Residential Customers › Section 14.2 - Applicability of rules and definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applicability.
(1) This Part governs the rights, duties and
				  obligations of every waterworks corporation with annual gross revenues in
				  excess of $250,000 subject to the jurisdiction of the commission by virtue of
				  article 4-B of the Public Service Law, their residential customers and
				  applicants for residential service, regardless of any other conflicting
				  commission rule or order.
(2)
				  Nothing in this Part modifies the commission's rules or orders regarding the
				  provision of water service to nonresidential customers, or residential
				  customers of waterworks corporations with annual gross revenues equal to or
				  less than $250,000.
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 14 - Rules Governing The Provision Of Service By Certain Water Corporations To Residential Customers › Section 14.3 - Applications for residential service

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Extension of service.
(1) A utility must provide service to any
				  applicant as soon as reasonably possible, but no later than five business days
				  after receipt of an accepted oral or written application for service or such
				  later time as may be specified by the applicant, except:
(i) where prevented by labor strikes or other
				  work stoppages;
(ii) where
				  precluded by consideration of public safety;
(iii) where precluded by physical impediments
				  including:
(a) poor weather
				  conditions;
(b) inability to gain
				  access to premises;
(c) incomplete
				  construction of necessary facilities by the applicant or inspection and
				  certification of such facilities by the appropriate authorities; or
(d) incomplete construction of necessary
				  facilities by the utility.
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 14 - Rules Governing The Provision Of Service By Certain Water Corporations To Residential Customers › Section 14.4 - Termination of residential service

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Conditions for termination.
(1) Except as provided in section
				  14.17 
				  of this Part and paragraph (2) of this subdivision, a utility may terminate
				  service to a customer only if it provides advance final notice of the
				  termination and fulfills all other requirements of this section when the
				  customer:
(i) fails to pay any tariff charges
				  that reflect service used during the preceding 12 months, for which a written
				  bill in conformance with section
				  14.15  of this
				  Part has been sent;
(ii) fails to
				  pay any tariff charges that reflect service used before the preceding 12
				  months, for which a written bill in conformance with section
				  14.15  of this
				  Part has been sent, in any of the following situations:
(a) when there was a billing dispute during
				  the preceding 12-month period;
(b)
				  when there was excusable utility delay;
(c) when the customer's culpable conduct
				  caused or contributed to the delay in billing; or
(d) when the changes are necessary to adjust
				  estimated bills;
(iii)
				  fails to pay amounts due under a payment agreement;
(iv) fails to pay, or agree in writing to
				  pay, equipment and installation charges relating to the initiation of service;
				  or
(v) fails to pay a required
				  deposit, if in accordance with section
				  14.11 
				  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 14 - Rules Governing The Provision Of Service By Certain Water Corporations To Residential Customers › Section 14.5 - Termination of residential service-special procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General.
(1) This section provides special protections
				  regarding the termination and reconnection of service in cases involving
				  medical emergencies, the elderly, blind or disabled, and heat-related service
				  during the cold weather period.
(2)
				  If any communication required by this section is not possible because of an
				  apparent language barrier, the utility must take steps to assure communication
				  before termination.
(3) For
				  purposes of this section, when a utility is required to make a diligent effort
				  to contact personally an individual, the utility must, at a minimum:
(i) attempt to call such person once during
				  normal business hours and if unsuccessful, twice during reasonable nonbusiness
				  hours (6:00 p.m.-9:00 p.m. on weekdays or 9:00 a.m.-5:00 p.m. on Saturdays and
				  Sundays), if there is a telephone; and
(ii) make an onsite personal visit, if there
				  is no telephone or if telephone contacts are unsuccessful.
(4) During any continuation of service under
				  this section, the customer remains responsible for payment of service and must
				  make reasonable efforts to pay charges for such service.
(5) In all contacts with customers entitled
				  to the protections under this section, where there remains a threat of
				  termination or termination has already occurred, the utility must notify the
				  customer that the commission's designees are available for assistance and
				  provide the customer with the commission's telephone number.