N.Y. Comp. Codes R. & Regs. tit. 16 § 14.5

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

Section 14.5 - Termination of residential service-special procedures

(a) General.

(1) This section provides special protections regarding the termination and reconnection of service in cases involving medical emergencies, the elderly, blind or disabled, and heat-related service during the cold weather period.

(2) If any communication required by this section is not possible because of an apparent language barrier, the utility must take steps to assure communication before termination.

(3) For purposes of this section, when a utility is required to make a diligent effort to contact personally an individual, the utility must, at a minimum:

(i) attempt to call such person once during normal business hours and if unsuccessful, twice during reasonable nonbusiness hours (6:00 p.m.-9:00 p.m. on weekdays or 9:00 a.m.-5:00 p.m. on Saturdays and Sundays), if there is a telephone; and

(ii) make an onsite personal visit, if there is no telephone or if telephone contacts are unsuccessful.

(4) During any continuation of service under this section, the customer remains responsible for payment of service and must make reasonable efforts to pay charges for such service.

(5) In all contacts with customers entitled to the protections under this section, where there remains a threat of termination or termination has already occurred, the utility must notify the customer that the commission's designees are available for assistance and provide the customer with the commission's telephone number.

(b) Medical emergencies.

(1) Utility's obligations. A utility must not terminate or refuse to restore service to a residence when a medical emergency exists. A medical emergency exists when a resident of a customer's premises suffers from a serious illness or medical condition that severely affects his or her well-being, as certified by a medical doctor or local board of health in accordance with this subdivision.

(2) Written certification. Written certification must:

(i) be submitted on stationery of a medical doctor or local board of health, and be signed by the medical doctor or an official of the local board of health qualified to make a medical judgment;

(ii) state the name and address of the certifying medical doctor or local board of health, and the doctor's State registration number;

(iii) state the name and address of the ill person; and

(iv) include an affirmation that the absence of water service will aggravate an existing medical emergency at a customer's premises.

(3) Procedure for initial certification.

(i) Initial certification of a medical emergency may be made either in writing or by telephone by a medical doctor or local board of health.

(ii) Initial certification is effective for 30 calendar days from the date the utility receives it, as long as written certification is provided to the utility within five business days of any certification made by telephone.

(iii) Certification made only by telephone is effective for five business days from the date the utility receives it.

(iv) Within five business days of receipt of written certification, the utility must provide the customer with a written notice that must:

(a) state that the utility received such certification and that the certification is effective for 30 calendar days;

(b) advise the customer in detail of the procedures required for renewal of certification under paragraph (4) of this subdivision; including specifically a statement that if the customer does not renew the certification before the 30- day period expires and arrangements for payment are not made, the utility may proceed with termination; and

(c) be accompanied by a form to be completed showing assets, income and expenses.

(4) Procedure for renewal of certification.

(i) If the medical emergency is likely to continue beyond the expiration of any written certification, the certification may be renewed, provided that, before the expiration of the initial certification:

(a) a medical doctor or official of the local board of health submits a new written certification that also states the expected duration of the medical emergency and explains the reason the absence of service would aggravate the medical emergency; and

(b) the customer demonstrates an inability to pay charges for service, as documented by a form showing assets, income and expenses.

(ii) The utility must, within five calendar days of submission of the necessary information, determine whether the customer's assets and current income are insufficient to pay charges for service, considering other necessary and reasonable expenses of the customer.

(iii) If the utility determines that a customer has not demonstrated an inability to pay charges for service, it must provide the customer with written notice of the determination made under subparagraph (ii) of this paragraph and the customer's right to a review of the determination by the commission's designee.

(iv) If the utility determines that a customer has demonstrated an inability to pay charges for service and a new written certification has been submitted, the utility must inform the customer that certification has been renewed, and how long it will be in effect.

(v) A renewed certification remains in effect for 30 calendar days, provided that in cases certified as chronic by a medical doctor or official of the local board of health, the renewed certification remains in effect for 60 calendar days. In such cases, a customer may request that the commission's designee approve a longer period for the written certification to remain in effect, and the commission's designee may approve such longer period, stating specific conditions to be met by the customer.

(5) Termination of service. A utility may only terminate service to a customer who has submitted a certification of medical emergency after:

(i) written notice has been provided to the customer of the utility's determination either that the certification of medical emergency is no longer in effect or that the customer is able to pay charges for service;

(ii) any review of the utility's determination by the commission's designee has been completed; and

(iii) the requirements of section 14.4 of this Part have been complied with.

(c) Customers who are elderly, blind or disabled.

(1) Utility's obligations. A utility must not terminate or refuse to restore service to a customer where the customer and any other remaining residents of the households are known to or identified to the utility to be blind, disabled, 62 years of age or older, or 18 years of age or under, without complying with the procedures in this subdivision.

(2) Procedure before termination of service.

(i) A utility must make a diligent effort to contact personally an adult resident at the customer's premises at least 72 hours before termination of service to attempt to create a plan that would avoid termination and arrange for payment.

(ii) Where efforts at personal contact are unsuccessful or where a utility and a customer are unable to create a plan, the utility must notify the local department of social services of the name and address of the customer and the date of termination so that social services may ascertain if the customer is eligible for any assistance. The utility must continue service for at least 15 business days after providing this notice, unless notified by the local department of social services that other arrangements have been made.

(3) Procedures after termination of service.

(i) In cases where service has been terminated and the utility is later notified that the customer should have received the protections under this subdivision, the utility must:

(a) make a diligent effort to contact personally an adult resident at the customer's premises, within 24 hours of such notification, to attempt to create a plan that would restore service and arrange for payment of bills; and

(b) where efforts at personal contact are unsuccessful or where the utility and the customer are unable to create a plan, notify the local department of social services of the name and address of the customer and the date of termination so that social services may ascertain if the customer is eligible for any assistance.

(ii) In cases where a utility has terminated service consistent with the provisions of paragraph (2) of this subdivision, the utility must make a diligent effort to contact personally an adult resident at the customer's premises within 10 calendar days after termination, to determine whether alternative arrangements have been made for the provision of service and, if none have been made, attempt to create a plan that would restore service and arrange for payment.

(d) Special procedures during cold weather periods for premises with heat-related service.

(1) Utility's obligations.

(i) During cold weather periods, before terminating premises with heat-related service, a utility must make attempts to determine whether a resident may suffer serious impairment to health or safety as a result of termination, in accordance with the procedures set forth in paragraph (2) of this subdivision. Doubts as to whether a person may suffer serious impairment to health or safety as a result of termination must be resolved in favor of making such a finding.

(ii) For the purposes of this subdivision, a person may suffer serious impairment to health or safety as a result of termination when there is evidence of any of the following:

(a) dependency due to age, poor physical condition or mental incapacitation;

(b) use of life support systems, such as dialysis machines or iron lungs;

(c) serious illness; or

(d) disability or blindness.

(2) Procedures.

(i) A utility must not terminate service to customers known to be receiving heat-related service during cold weather periods, unless the utility has made a diligent effort to contact personally the customer or an adult resident at the customer's premises, at least 72 hours before the intended termination and, if unsuccessful, at the time of termination, in order to find out whether a resident may suffer a serious impairment to health or safety as a result of termination, to fully explain the reasons for termination and to provide the customer with information on the protections available under this Part.

(ii) Where the utility determines that a resident may suffer a serious impairment to health or safety as a result of termination, a utility must not terminate service unless:

(a) the utility notifies the local social services official orally and within five calendar days in writing, that a resident may suffer a serious impairment to health or safety as a result of termination; and

(b) the local social services official, after an investigation, informs the utility that the reported condition is not likely to result in a serious impairment to health or safety, or that an alternative means for protecting the person's health or safety has been arranged.

(iii) A utility notifying the local social services official under subparagraph (ii) of this paragraph must inform the customer of the referral and explain its purpose.

(3) Termination of service.

(i) If a utility terminates service to a customer under this subdivision, and the customer or a resident 18 years or older was not personally contacted by the utility before termination of service and the customer has not contacted the utility for the purpose of requesting reconnection before 12 noon on the day following termination of service, the utility must, by onsite personal visit with the customer or other adult resident, immediately attempt to determine whether there is continuing occupancy and whether a serious impairment to health or safety may result. If the utility determines that a serious impairment may result, it must immediately restore service. If the utility is unable to make an onsite personal visit with the customer or an adult resident, and does not have reasonable grounds to believe that the customer has vacated the premises, the utility must immediately refer the name and address of the customer to the local social services official.

(ii) If after the discovery of tampered equipment, a utility decides to terminate service to a customer because of a potential health or safety problem, it must determine, in accordance with this subdivision, whether a resident may suffer a serious impairment to health or safety as a result of termination. If the utility determines that a resident may suffer a serious impairment, it must follow the procedures set forth in this subdivision; provided, however, that continued service is not required if it is impractical for the utility to eliminate an unsafe condition. In any cases where a resident may suffer a serious impairment and the utility terminates service to preclude the continuation of an unsafe condition, the utility must specially notify the local social services official on the same day service is terminated and request an immediate consideration of the case.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 14.5