N.Y. Comp. Codes R. & Regs. tit. 16 § 13.3

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

Section 13.3 - Termination of service

(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.

(2) A utility may terminate service to a customer without providing advance notice of the termination and without fulfilling the other requirements of this section when it finds service being supplied through tampered equipment, provided that the utility:

(i) has evidence that the customer opened the account and used the service prior to the creation of the condition or that the customer knew, or reasonably should have known, that service was not being fully billed;

(ii) has rendered a written unmetered service bill in accordance with section 13.11(e) of this Part;

(iii) has made reasonable efforts to provide to a person in charge of the premises:

(a) the written unmetered service bill; and

(b) oral notice of the conditions, if any, under which the utility will continue service, which may include the payment by cash, certified check or money order within two hours, of some portion of the bill up to, but not exceeding, 50 percent; and

(iv) has not received the required payment.

(b) Final notice of termination.

(1) A final notice of termination shall state:

(i) the reason(s) for termination, including the total amount required to be paid, if any, and the manner in which termination may be avoided;

(ii) the earliest date on which termination may occur;

(iii) the address and phone number of the office of the utility that the customer may contact in reference to his account;

(iv) that utility procedures are available for considering customer complaints prior to discontinuance;

(v) that commission procedures are available for considering customer complaints when a customer is not satisfied with the utility's handling of the complaint, including the address and phone number of the appropriate commission office;

(vi) that it is a termination notice which should be brought to the attention of the utility when the bill is paid;

(vii) that payment of the charges with a check that is subsequently dishonored may result in immediate termination of service without further notice, if applicable; and

(viii) that at the time the utility goes to the premises to terminate service, it may require any payment to be made with cash, certified check or money order if the customer has, within the last 24 months, paid with a check that was dishonored.

(2) A final notice of termination may contain any additional information not inconsistent with this Part.

(3) A final notice of termination may not be issued or sent unless at least 20 calendar days have elapsed from the date payment was due, or the date given in a written notice to cure a tariff violation, or as provided in section 13.8(c)(3)(iii) of this Part where the reason for the notice is the failure to provide access, except that a final notice of termination for nonpayment may be issued or sent on or after the date payment was due in the following circumstances:

(i) when any portion of the charge that the customer has failed to pay is for unmetered service that was being supplied through tampered equipment and for which an unmetered service bill in accordance with section 13.11(e) of this Part has been rendered;

(ii) when the charge that the customer has failed to pay is the installment amount due in accordance with a deferred payment agreement; or

(iii) when the utility has accepted a written waiver of the customer's right to be sent a termination notice in accordance with the provisions of section 13.7(d)(2) of this Part.

(4) A final notice of termination shall not be sent while a complaint is pending before the utility or the commission for nonpayment of the disputed charges or for any other reason that is the subject of the complaint as provided in section 12.3 of this Title. Nothing in this Part bars the utility from sending such notice for nonpayment of undisputed charges or for reasons not at issue in the complaint.

(c) Physical termination of service.

(1) A utility shall not terminate service for the reasons set forth in paragraph (a)(1) of this section:

(i) for five calendar days after a final notice of termination has been personally served upon the customer; or

(ii) for eight calendar days after a final notice of termination has been mailed to the customer at the location where service is rendered or to any alternative address for mailing purposes previously provided to the utility.

(2) A utility shall not terminate service under this Part on:

(i) a Saturday or Sunday;

(ii) a public holiday as defined in the General Construction Law;

(iii) a day on which the business offices of the utility are closed for business; or

(iv) a day on which the Public Service Commission is closed.

(3) On days when termination may occur, a utility may terminate service between the hours of 8 a.m. and 6 p.m., except that on days preceding the days listed in paragraph (2) of this subdivision, termination may only occur after 3 p.m. if the customer or any person in charge of the premises is informed prior to termination in a personal contact that termination is about to occur and the utility is prepared to accept a check for any payment required to avoid termination.

(4) A utility shall not terminate service unless it shall have verified on the day termination is scheduled that payment has not been posted to the customer's account as of the opening of business on that day, or shall have complied with procedures established pursuant to paragraph (d)(2) of this section.

(5) Consistent with this section, a utility shall strive to physically terminate service whenever a final notice of termination is sent.

(6) A utility shall not terminate service more than 60 calendar days after issuance of the final termination notice, unless it has, during that time, issued a termination reminder notice that states the current arrears due, if applicable. A utility shall not terminate service more than 90 calendar days after issuance of the final termination notice unless it has, during that time, issued a termination reminder notice that contains all the information required in subdivision (b) of this section.

(7) A utility shall not terminate service while a complaint is pending before the utility or the commission and for eight calendar days after resolution by the utility or by the commission or its authorized designee for nonpayment of the disputed charges or for any reason that is the subject of the complaint as provided in section 12.3 of this Title. Nothing in this Part bars a utility from termination for nonpayment of undisputed charges or for reasons not at issue in the complaint.

(d) Rapid posting of payments. Every utility shall establish written procedures to ensure that any payments made in response to final notices of termination, when the customer brings the fact that such a notice has been issued to the attention of the utility or its collection agents:

(1) are posted to the customer's account on the day payment is received; or

(2) are processed in some manner so that termination will not occur.

(e) Payment at the time of termination.

(1) If a customer claims, at the time that termination for nonpayment is to take place, that payment has already been made and produces a written business record of payment, or claims that there is a complaint pending before the utility or the commission with regard to the charges demanded, the utility's field representative shall make a reasonable effort to verify this information with a utility office representative and shall not terminate service for nonpayment of any verified disputed amount.

(2) If a customer offers payment of the full amount that forms the basis for a scheduled termination at the time of termination, the utility representative shall accept such payment and not terminate service.

(3) If an eligible customer signs a deferred payment agreement, in accordance with section 13.5 of this Part, for the full amount that forms the basis for a scheduled termination and offers payment of the required down payment at the time of termination, the utility representative shall accept such down payment and not terminate service. If the utility allows the customer an extension of time to go to a business office to sign the deferred payment agreement, and the customer agrees to do so and offers payment of the required down payment, the utility representative shall accept such down payment and not terminate service; provided, however, that the utility may terminate service without further notice if the customer fails to sign the agreement within the specified time.

(4) If a customer has, within the last 24 months, paid for service with a check that was dishonored, the utility has the right to accept only cash, certified check or money order as payment under paragraph (2) or (3) of this subdivision.

(5) Whenever payment is made at the time of termination, the utility's field representative shall provide a customer with a receipt showing the date, the account number, the amount received, the form of the payment and either the name or identification number of the utility representative.

(f) Dishonored checks. Receipt of a subsequently dishonored negotiable instrument in response to a notice of termination or tendered to a utility representative, shall not constitute payment of a customer's account and no utility shall be required to issue additional notice prior to termination.

(g) Applicability.

(1) Nothing in this section shall affect a utility's right to suspend, curtail or disconnect service:

(i) when there is no customer and service is being provided through tampered equipment;

(ii) when there is no customer and the utility can show that the user will require service for a period of less than one week, provided that it makes a reasonable effort to advise the user before disconnection and to provide the user an opportunity to apply for service;

(iii) when there is no customer and the utility has provided advance written notice to the occupant stating its intent to disconnect service unless the responsible party applies for service and is accepted as a customer, and advising the occupant of the location of the nearest utility business office where application can be made, either by posting 48 hours or by mailing at least 5 and no more than 30 calendar days before disconnection; or

(iv) as permitted under section 13.13 of this Part.

(2) Nothing in this section shall affect a utility's obligation to comply with the additional requirements set forth in sections 11.7 and 11.8 of this Title relating to termination of service to entire multiple dwellings and two-family homes.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 13.3