S T A T E O F N E W Y O R K
________________________________________________________________________
736
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. KELLNER, HEVESI, MAISEL, ROSENTHAL, BROOK-KRASNY
-- Multi-Sponsored by -- M. of A. BRENNAN, COOK, GLICK -- read once
and referred to the Committee on Corporations, Authorities and Commis-
sions
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
or a deposit required and for prompt reporting to the complainant of the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01110-01-1
A. 736 2
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.