N.Y. Comp. Codes R. & Regs. tit. 16 § 14.3

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

Section 14.3 - Applications for residential service

(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.

(2) A utility must make reasonable efforts to eliminate or correct conditions over which it has control that prevent extension of service and must attempt to complete construction of any necessary facilities with due diligence.

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

(i) make full payment or enter into a payment agreement under section 14.10 of this Part for all amounts due and payable which are not either the subject of a pending billing dispute under section 14.19 of this Part, or covered by an existing payment agreement, including:

(a) residential service provided and billed in accordance with section 14.15 of this Part to prior accounts in the applicant's name or for which the applicant is legally responsible;

(b) other billed tariff fees, charges or penalties; and

(c) a deposit, if requested by the utility, as long as such deposit is in accordance with section 14.11 of this Part;

(ii) fulfill any applicable requirements of Parts 501 and 502 of this Title, regarding main extensions and service pipes; and

(iii) comply with the utility's tariff, and any applicable State, city or local laws, ordinances or regulations.

(4) A utility must provide service to any accepted applicant whose application for service was previously denied, unless prevented by those circumstances listed in paragraph (1) of this subdivision:

(i) as soon as reasonably possible, but no later than two business days after the requirements of paragraph (3) of this subdivision are met, or such later time as may be specified by the applicant; or

(ii) within 24 hours, if required by the commission or its designee.

(5) A customer moving within the service territory of a utility and requesting service within 60 calendar days of the closing of the customer's prior account is eligible to receive service at the new location, in accordance with this section, and such service must be considered a continuation of service in all respects, with any existing payment agreement honored; provided, however, that such customer's prior service had not been terminated for nonpayment at the time of such request.

(b) Service application.

(1) An application for service may be made either orally or in writing.

(2) A utility may require an applicant to complete a written application for service only if:

(i) service to the preceding customer at the premises to be served was terminated for nonpayment within the prior 12 months or the current account is subject to a final notice of termination;

(ii) there is evidence that service has been supplied through tampered equipment;

(iii) the meter has recorded usage during a period within the previous 12 months when there was no customer; or

(iv) the application is made by a third party for the party who would receive service.

(3) If a written application is not required as a prerequisite to providing service, an oral application for service will be considered complete when the applicant provides his or her name, address and, if the applicant has a prior account, either the address or account number, and answers questions relevant to identifying the applicant's use of water on the premises, including whether the service will be used primarily for residential purposes.

(4) A written application for service will be considered complete when information has been provided as required under paragraph (3) of this subdivision, along with proof of the applicant's identity and responsibility for the water bills for the premises, through submission of appropriate documents. Where a third party applies for service, the third party must submit proof of his or her identity and a written authorization from the applicant. All submitted documents become part of the application.

(5) A utility must make reasonable efforts to contact, either by telephone or in person, any applicant who submits an incomplete application, within one business day of receipt of the application, stating the information and/or documents that must be submitted in order for the application to be considered complete.

(c) Denial of application.

(1) A utility must make reasonable efforts to immediately contact, either by telephone or in person, any applicant whose application is being denied.

(2) A utility may not deny an application for service unless a written notice was either delivered personally to the applicant or sent to the applicant's current address or any alternative mailing address provided in the application, within three business days of receipt of the application for service. An application for service not denied within three business days of receipt is considered accepted.

(3) The denial notice must:

(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 of the denial by the commission or its designee if the applicant considers the denial to be without justification, and state the address and telephone number of the commission.

(4) Every utility must maintain, for at least 12 months, service applications that are denied, and the corresponding denial notice.

(d) Penalty. If a utility fails to provide service to an applicant within the time required by this section, the utility must pay to the applicant $25 per day for each day or portion of a day that service is not supplied, unless the commission or its designee determines that the utility had good cause for not providing service within the required time.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 14.3