N.Y. Comp. Codes R. & Regs. tit. 16 § 96.2

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

Section 96.2 - Electric service to submetered multi-unit residential premises-general provisions

(a) Provisions applicable to all submetering.

(1) Electric service shall only be provided to a multi-unit residential premises in which individual dwelling units in the premises receive submetered electric service if the submetering (i) is and continues to be authorized by commission order where a commission order was necessary, (ii) is and continues to be consistent with any conditions imposed by such order, and (iii) is and continues to be consistent with this Part notwithstanding previous authorization to submeter that did not include the requirements herein.

(2) If electric service is provided to a multi-unit residential premises in which the individual dwelling units in such premises receive submetered electric service, but which, after the procedures provided for in section 96.8(b) and (c) of this Part, has been found to be (i) inconsistent with any conditions imposed by the commission's order authorizing such service, or (ii) inconsistent with applicable provisions of this Part, the rate cap for such service may be reduced by up to 40 percent. The rate cap will continue at such reduced level from the date specified in the notice of rate cap reduction until such time as the department confirms to the submeterer that such inconsistency has been corrected. Further, when such inconsistency existed for a period of time prior to the department's notice of alleged violation, contained in section 96.8 of this Part, the reduced rate cap may be extended to all or a portion of such period, not exceeding two years, and the submeterer shall refund to residents the difference between the reduced rate cap established for that period pursuant to this paragraph and any charges for electric service paid by residents in such period. A rate cap reduction made pursuant to this section is appealable to the commission within 15 days of the date of the notice of rate cap reduction.

(b) Existing direct metered multi-unit residential premises.

Except as otherwise provided in this Part, electric service provided to individual residential units in existing multi-unit residential premises through direct metering may not be discontinued or replaced by master metering. If, however, a petition to submeter is filed, which:

(1) complies with the applicable requirements of sections 96.5 and 96.6 of this Part;

(2) seeks to convert such premises from direct metering to master-metering with submetering; and

(3) demonstrates that the building or complex for which master metering with submetering is sought will participate in building level demand response programs or will employ on-site co-generation plant or an alternative, advanced energy efficiency design, the conversion to submetering may be authorized by the commission.

(c) Assisted living and senior living facilities. Electric service is authorized to be established or continued to assisted living or senior living facilities through master metering.

(d) Campgrounds, recreational trailer parks, marinas, and parking facilities. Electric service may be provided to the facility owner or operator of campgrounds, recreational trailer parks, marinas and parking facilities for redistribution to individual campsites, trailer, boat hookups, or plug-in electric vehicle charging stations with or without submetering. Master metering and submetering, at the facility owner's or operator's option, may be installed and used for billing without commission approval and are not subject to submetering service conditions.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 96.2