Assembly Bill A7867

                            
                    S T A T E   O F   N E W   Y O R K
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    S. 5252                                                  A. 7867

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             April 27, 2009
                               ___________

IN SENATE -- Introduced by Sen. PERKINS -- read twice and ordered print-
  ed,  and  when  printed to be committed to the Committee on Energy and
  Telecommunications

IN ASSEMBLY -- Introduced by M. of A. KELLNER -- read once and  referred
  to the Committee on Corporations, Authorities and Commissions

AN  ACT  to amend the public service law, in relation to notification to
  utility customers of their right to direct access  to  public  service
  commission   complaint   procedures   without   arbitration  or  court
  proceedings

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  findings  and intent. The legislature hereby
finds that some providers of residential utility  service  have  created
barriers  to  prompt  resolution  of  customer  complaints  through  the
complaint adjudication functions of the public service commission.  Some
providers  of electric service refer customers to private arbitration or
judicial adjudication of utility customer complaints,  contrary  to  the
primary jurisdiction of the public service commission, creating barriers
to  the efficient and uniform enforcement and administration of the Home
Energy Fair Practices Act. The legislature further finds that it  is  in
the  public  interest to require the public service commission to notify
all residential utility customers of  their  right  to  file  complaints
directly  with the public service commission for administrative determi-
nation without pursuing third party arbitration or judicial relief.
  S 2. Subdivision 1 of section 43 of the public service law,  as  added
by chapter 713 of the laws of 1981, is amended to read as follows:
  1. The commission shall maintain regulations for the handling of resi-
dential  customer complaints, which at a minimum shall require that each
utility or municipality: (a) maintain  procedures  for  prompt  investi-
gation  of  any complaint on a bill for gas or electric service rendered

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11370-01-9
              

S. 5252                             2                            A. 7867

or a deposit required and for prompt reporting to the complainant of the
result of such investigation.  If such report is made orally, the utili-
ty corporation or municipality shall offer the complainant upon a  writ-
ten request the opportunity to receive the report in writing; (b) inform
any  complainant  whose  complaint  is  resolved in favor of the utility
corporation or municipality, in whole or in part, of the availability of
the commission's complaint handling procedures; (c) refrain from  termi-
nating service for nonpayment so long as a complaint is pending before a
utility, municipality or the commission and for fifteen days thereafter,
or  for  such  period  as the commission for good cause shall establish;
provided however, that as a condition of continued  service  during  the
pendency  of  any  such  dispute,  a  customer  shall pay the undisputed
portions of any bill for service including bills for current  usage,  or
such amounts as the commission determines reasonably reflect the cost of
usage  to  such  customer;  [and] (d) refrain from treating the disputed
portion of any bill as late during the pendency of any complaint  before
the  utility  or  municipality; AND (E) NOTIFY ALL RESIDENTIAL CUSTOMERS
ANNUALLY, INCLUDING SUBMETERED CUSTOMERS, THAT  THE  COMPLAINT  HANDLING
PROCEDURES  OF THE PUBLIC SERVICE COMMISSION CAN BE INVOKED TO OBTAIN AN
ADMINISTRATIVE DETERMINATION OF COMPLAINTS REGARDING UTILITY SERVICE  BY
TELEPHONE  CALL, LETTER, ONLINE COMPLAINT FORM, OR VISIT TO AN OFFICE OF
THE PUBLIC SERVICE COMMISSION.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.