N.Y. Comp. Codes R. & Regs. tit. 16 § 13.2

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

Section 13.2 - Applications for service

(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.

(2) A utility shall make reasonable efforts to eliminate conditions preventing extensions of service and shall pursue completion of any facilities it must construct with due diligence.

(3) As a prerequisite to accepting an applicant as a customer, and providing service, a utility may require the applicant to:

(i) file a written service application containing information sufficient to establish the applicant's identity and responsibility for the premises as either the owner or occupant, the correct service classification, and who controls access to the meter(s) if not the customer;

(ii) comply with the utility's tariff, or any applicable State, city or local laws or ordinances;

(iii) fulfill any applicable requirements of Parts 98 and 230 of this Title;

(iv) make full payment for all amounts due and payable which are not either the subject of a pending billing dispute pursuant to section 13.15 of this Part or of an existing deferred payment agreement that is in good standing, including:

(a) service provided and billed, in accordance with section 13.11 of this Part, to prior account(s) in the applicant's name or for which the applicant is legally responsible;

(b) other tariff fees, charges or penalties;

(c) reasonably chargeable material and installation costs relating to temporary or permanent line or main extensions or service laterals, as required by the utility's tariff and authorized under Parts 98 and 230 of this Title, provided these costs are itemized and given to the applicant in writing;

(d) special services billable under the utility's tariff, provided these costs are itemized and given to the applicant in writing; and

(e) a security deposit, if requested by the utility, as long as such deposit is in accordance with section 13.7 of this Part.

(4) A utility shall provide service to any accepted applicant whose application for service was previously denied solely for failure to make full payment as provided in subparagraph (3)(iv) of this subdivision, as soon as reasonably possible, but no later than three business days, or such later time as may be specified by the applicant, after payment is made, or 10 calendar days after receipt of the original application, whichever is later, except as provided in paragraph (1) of this subdivision.

(b) Service application.

(1) A service application shall be available in every utility business office and shall be provided to every applicant for service for whom the filing of a written application is a prerequisite for providing service.

(2) A service application shall contain a section for determining the customer's service classification, which shall include the following:

(i) a conspicuous notice advising the customer that the questions in this section are designed to assist the utility in placing the customer on the proper and the most beneficial service classification; that the utility may rely on this information in classifying the service; that the cost of service may vary under different service classifications; that there are eligibility requirements for each service classification; that a customer may be eligible for service under more than one classification; that one classification may be more beneficial than another; that a description of the common nonresidential service classifications accompanies the application; that the utility's tariff, which describes each service classification in detail, may be examined in every utility business office; that questions about service classification may be discussed with a customer service representative; that if the customer's use of service or equipment changes in the future, the customer must notify the utility of these changes, in order to assure that the customer is being properly billed; and that if the information provided by the customer relevant to service classification is inaccurate or incomplete, the customer may be subject to backbilling on the correct service classification, or may be precluded from receiving a refund for overcharges based on the correct service classification; and

(ii) a comprehensive series of questions relevant to identifying the customer's service classification based on the utility's tariff, such as, but not limited to, the type of business or use, the size and type of equipment on the premises, and the estimated consumption.

(3) A utility may require the submission of appropriate types of documents to substantiate the information provided in the service application, which shall be listed in the application form and shall constitute a part of the application.

(4) A service application may request any other relevant information or documents not inconsistent with this section.

(5) Any utility report relevant to the establishment of the proper service classification for the customer shall be made a part of the service application.

(6) A service application shall contain, close to the place where the applicant signs, a notice that the applicant has the right to request that the utility inspect the metering device in order to assure its accuracy, along with a place for the applicant to indicate whether such inspection is requested; provided, however, that if a utility has a written policy of not backbilling previously unbilled service when the failure to charge for such service resulted from the faulty operation or inoperation of a metering device, which faulty operation or inoperation was not due to the culpable conduct of the customer or his agent, the above notice is not required.

(7) A service application must be signed by the applicant or an authorized agent of the applicant, and a copy must be provided to the applicant or agent. In the case of agents, a utility may require suitable proof of the authorization of the agent.

(c) Denial of application.

(1) A utility shall not deny an application for service except in a written notice either delivered personally to the applicant or sent to the applicant's current business address or any alternative mailing address provided in the application.

(2) The written notice of denial shall:

(i) state the reason(s) for the denial;

(ii) specify what the applicant must do to qualify for service; and

(iii) advise the applicant of the right to an investigation and review of the denial by the commission or its authorized designee if the applicant considers the denial to be without justification, and identify the appropriate address and telephone number of the commission.

(3) A utility shall advise any applicant who submits an incomplete application, in writing and within three business days after receipt of the application, of the information and/or documents that must be submitted in order for the application to be considered complete. Such notice shall not itself be considered a denial of the application.

(4) Every utility shall maintain, for a period of not less than one year, service applications that are denied and the utility's written notice of denial.

(d) Utilities shall comply with subdivisions (a) and (b) of this section no later than March 18, 1988.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 13.2