N.Y. Comp. Codes R. & Regs. tit. 16 § 11.9

Current through Register Vol. 46, No. 45, November 2, 2024

Section 11.9 - Reconnection of service, restoration of commodity supply, and conditions for ending suspension of distribution service

(a) Reconnection of service. This section sets forth procedures applicable where: only distribution service was provided by a utility and was disconnected or distribution service and commodity supply were provided by and disconnected by the same utility.

(1) A utility shall reconnect disconnected residential service within 24 hours, unless prevented by circumstances beyond the utility's control or unless a customer requests otherwise, in the following situations:

(i) receipt by the utility of the full amount of arrears for which service was disconnected;

(ii) agreement by the utility and the customer on a deferred payment plan and the payment of a downpayment, if required, under that plan;

(iii) upon the direction of the commission or its designee;

(iv) upon the receipt by the utility of a commitment of a direct payment or written guarantee of payment from the social services official of the social services district in which the customer resides; or

(v) where a utility has notice that a serious impairment to health or safety is likely to result if service is not reconnected. Doubts as to whether reconnection of service is required for health or safety reasons shall be resolved in favor of reconnection.

Comment:A utility may not insist upon payment of lawful charges that did not provide the basis for disconnection before restoring service under this subdivision. Similarly, under subparagraph (ii) of this paragraph, a utility may not insist on a downpayment in excess of one half the arrears which formed the basis for the disconnection or three months' billing, whichever is less. In these circumstances, payment of other lawful charges that did not form the basis for disconnection should be part of the installment plan, unless the customer elects to pay such charge immediately.

(2) Whenever circumstances beyond the utility's control prevent reconnection of service within 24 hours of any of the events specified in paragraph (1) of this subdivision, service shall be reconnected within 24 hours after those circumstances cease to exist.

(3) Where any utility is required under these rules to reconnect service within 24 hours and fails or neglects to do so without good cause as determined by the commission or its designee, it shall forfeit to the customer the sum of $50 per day for each day or portion thereof that service is not supplied after the date that service should have been supplied, in cases involving medical emergencies (section 11.5[a] of this Part), the elderly, blind or disabled (section 11.5[b] of this Part), heat-related service during cold weather periods (section 11.5[c][1], [2] and [3] of this Part), or in cases where the utility has notice that the failure to reconnect service is likely to result in a serious impairment to health or safety (subparagraph [1][v] of this subdivision). In all other cases where the utility fails or neglects to reconnect service within 24 hours as required under these rules, it shall forfeit to the customer the sum of $25 per day for each day or portion thereof that service is not supplied after the date that service should have been supplied. In any case, the burden of showing good cause for any failure to reestablish service within 24 hours shall be upon the utility.

Comment:Generally, a utility will be deemed to have met its burden where it demonstrates that timely reconnection was precluded by adverse weather conditions, serious physical impediments, health or safety considerations, new construction requirements, labor disputes, inability to obtain access, or legal constraints.

(b) Restoration of commodity supply. This subdivision sets forth procedures applicable where commodity was provided by and terminated by the same ESCO.

(1) An ESCO shall take all actions within its control and, where applicable, consistent with provisions of its agreement to supply commodity, to restore terminated residential service within 24 hours in the following situations:

(i) receipt by the ESCO of the full amount of arrears for which service was terminated;

(ii) agreement by the ESCO and the customer on a deferred payment plan and the payment of a downpayment, if required, under that plan;

(iii) upon the direction of the commission or its designee;

(iv) upon the receipt by the ESCO of a commitment of a direct payment or written guarantee of payment from the social services official of the social services district in which the customer resides; or

(v) where an ESCO has notice that a serious impairment to health or safety is likely to result if service is not restored. Doubts as to whether restoration of service is required for health or safety reasons shall be resolved in favor of restoration.

(2) Where any ESCO is required under these rules to restore service within 24 hours and fails or neglects to do so without good cause as determined by the commission or its designee, it shall forfeit to the customer the sum of $50 per day for each day or portion thereof that service is not supplied after the date that service should have been supplied, in cases involving medical emergencies (section 11.5[a] of this Part), the elderly, blind or disabled (section 11.5[b] of this Part), heat-related service during cold weather periods (section 11.5[c][1], [2] and [3] of this Part), or in cases where the ESCO has notice that the failure to restore service is likely to result in a serious impairment to health or safety (paragraph [a][5] of this section). In all other cases where the ESCO fails or neglects to restore service within 24 hours as required under these rules, it shall forfeit to the customer the sum of $25 per day for each day or portion thereof that service is not supplied after the date that service should have been supplied. In any case, the burden of showing good cause for any failure to reestablish service within 24 hours shall be upon the ESCO.

(c) Conditions for ending suspension of distribution service. This subdivision sets forth the conditions for ending the suspension of a residential customer's distribution service. Suspension of distribution service shall end upon the occurrence of any of the following conditions:

(1) receipt by a utility of the full amount of arrears for which service was terminated;

(2) agreement by a utility and the customer on a deferred payment plan and the payment of a downpayment, if required, under that plan;

(3) upon the direction of the commission or its designee;

(4) upon the receipt by a utility of a commitment of a direct payment or written guarantee in accordance with the Social Services Law;

(5) where a utility has notice that a serious impairment to health or safety is likely to result if service is not reconnected. Doubts as to whether reconnection of service is required for health or safety reasons shall be resolved in favor of reconnection; or

(6) upon the expiration of one year after such termination of commodity service, or upon the receipt of payments by or on behalf of the customer to the ESCO that requested the suspension such that the amount paid by such customer to the ESCO plus the amount previously paid the ESCO plus any charges paid to the distribution utility during the period when such customer's arrears accrued is equal to or greater than the amount such customer would have paid if the entire utility service had been obtained from the distribution utility during such period.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 11.9