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 11.3 - Applications for residential service

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Extension of service.
(1) Consistent with the provisions of
				  paragraphs (2)-(4) of this subdivision, every distribution utility shall
				  provide residential service to an applicant upon his or her oral or written
				  request.
(2) A distribution utility
				  shall not be obligated to provide service to an applicant who owes the
				  distribution utility money for residential service provided to a prior account
				  in his or her name unless:
(i) the applicant
				  makes full payment for residential service provided to any such prior account
				  in his or her name;
(ii) the
				  applicant agrees to make payments under a deferred payment plan of any amounts
				  due for service to a prior account in his or her name, pursuant to section
				  11.10 
				  of this Part;
(iii) the applicant
				  has pending a billing dispute pursuant to section
				  11.20 
				  of this Part with respect to any amounts due for service to a prior account in
				  his or her name and has paid any amounts required to be paid pursuant to those
				  provisions;
(iv) the applicant is a
				  recipient of or an applicant for public assistance, supplemental security
				  income benefits or additional State payments pursuant to the Social Services
				  Law, and the distribution utility receives from an official of the social
				  services district in which the applicant resides, or is notified by such an
				  official that it is entitled to receive, payment for services due to a prior
				  account in the applicant's name together with a guarantee of future payments to
				  the extent authorized by the Social Services Law; or
(v) the commission or its authorized designee
				  directs the provision of service.
(3) A distribution utility shall not be
				  obligated to provide service to an applicant for seasonal or short-term service
				  who fails to post a lawfully required deposit.
(4) A distribution utility shall be obligated
				  to provide service to any applicant who meets the requirements of paragraphs
				  (1) and (2) of this subdivision within five business days of receipt of a
				  completed 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 precluded by law;
(ii) where precluded by consideration of
				  public safety;
(iii) where the
				  applicant fails to pay or agree in writing to pay the material and installation
				  costs relating to line extensions as required by Parts 98 and 230 of this
				  Title, or otherwise fails to comply with any applicable requirements of Parts
				  99, 100, 103 and 233 of this Title, and the commission's minimum insulation
				  standards for gas-heating customers contained in Op. No. 77- 10 as described in
				  section
				  10.3 
				  of this Title (17 NY PSC 546; 17 NY PSC 861); or
(iv) 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 thereof by the appropriate
				  authorities; or
(d) incomplete
				  construction of necessary facilities by the distribution utility.
The distribution utility shall make reasonable efforts to
					 eliminate conditions preventing extension of service and shall pursue
					 completion of any facilities it must construct with due diligence.
(v) An oral application
				  for service shall be deemed completed when an applicant who meets the
				  requirements of paragraphs (1)-(3) of this subdivision provides his or her
				  name, address, telephone number and address of prior account (if any) or prior
				  account number (if any). A distribution utility may establish
				  non-discriminatory procedures to require an applicant to provide reasonable
				  proof of the applicant's identity. Service may be denied to applicants who fail
				  to provide reasonable proof of identity. A distribution utility may require an
				  applicant to complete a written application if:
(a) there are arrears at the premises to be
				  served and service was terminated, disconnected or suspended for nonpayment or
				  is subject to a final notice of termination, disconnection or
				  suspension;
(b) there is evidence
				  of meter tampering or theft of service;
(c) the meter has advanced and there is no
				  customer of record; or
(d) the
				  application is made by a third party on behalf of the person(s) who would
				  receive service.
A written application may require the submission of
					 information required in an oral application, and reasonable proof of the
					 applicant's responsibility for service at the premises to be supplied. A
					 distribution utility requiring a written application shall so notify an
					 applicant as soon as practicable after the request for service is made, and in
					 no event more than two business days after such request, and shall state the
					 basis for requiring a written application. A written application containing the
					 required information shall be deemed completed when received by the
					 distribution utility.
Comment:When a written application is permitted, a
					 distribution utility may require the applicant to provide a copy of a lease (if
					 one exists), deed, bill of sale or other documentation to show the date the
					 applicant became responsible for service. A distribution utility must make a
					 diligent effort to notify promptly an applicant who will be required to submit
					 a written application. If a distribution utility is unable to contact the
					 applicant orally, it must, not later than the second business day after the
					 request for service is received, send a written notice to the applicant.
(5) Subject
				  to the requirements of paragraph (4) of this subdivision, whenever a
				  residential customer moves to a different dwelling within the service territory
				  of the same distribution utility and for which the distribution utility's
				  tariff specifies a residential rate, and requests distribution utility service
				  within 60 days, he or she shall be eligible to receive service at the different
				  dwelling, and such service shall be considered a continuation of service in all
				  respects, with any deferred payment agreement honored, and with all rights;
				  provided, however, that such customer's prior service was not terminated,
				  disconnected or suspended for nonpayment, meter-tampering or theft of
				  services.
(6) A distribution
				  utility shall extend service to an applicant for residential service whose
				  application for service has previously been denied within two business days (or
				  such later time as may be specified by the applicant) after the following
				  events:
(i) elimination of all the conditions
				  specified in paragraphs (2)-(4) of this subdivision which resulted in the
				  denial of service; or
(ii) by
				  direction of the commission or its authorized designee, who may require such
				  extension of service to be made within 24 hours.