Legislation
SECTION 400
Unclaimed deposits and refunds for utility services
Abandoned Property (ABP) CHAPTER 1, ARTICLE 4
§ 400. Unclaimed deposits and refunds for utility services. 1. The
following unclaimed moneys held or owing by a gas corporation, an
electric corporation, a gas and electric corporation, a district steam
corporation, an energy services company, a telegraph corporation, a
telephone corporation, a telegraph and telephone corporation, or a
waterworks corporation, shall be deemed abandoned property:
(a) Any deposit made by a consumer or subscriber with such a
corporation or ESCO to secure the payment for utility services furnished
by such corporation or ESCO, or the amount of such deposit after
deducting any sums due to such corporation or ESCO by such consumer or
subscriber, together with any interest due thereon, which shall have
remained unclaimed by the person or persons appearing to be entitled
thereto for two years after the termination of the utility services to
secure the payment of which such deposit was made, or, if during such
two year period utility services are furnished by such corporation or
ESCO to such consumer or subscriber and such deposit is held by such
corporation or ESCO to secure payment therefor, for two years after the
termination of such utility services.
(b) Any amount paid by a consumer or subscriber to such a corporation
or ESCO in advance or in anticipation of utility services furnished or
to be furnished by such corporation or ESCO which in fact is not
furnished, after deducting any sums due to such corporation or ESCO by
such consumer or subscriber for utility services in fact furnished,
which shall have remained unclaimed by the person or persons appearing
to be entitled thereto for two years after the termination of the
utility services for which such amount was paid in advance or in
anticipation, or, if during such period utility services are furnished
by such corporation or ESCO to such consumer or subscriber and such
amount is applied to the payment in advance or in anticipation of such
utility services, for two years after the termination of such utility
services.
(c) The amount of any refund of excess or increased rates or charges
heretofore or hereafter collected by any such corporation or ESCO for
utility services lawfully furnished by such corporation or ESCO which
has been or shall hereafter lawfully be ordered refunded to a consumer
or other person or persons entitled thereto, together with any interest
due thereon, less any lawful deductions, which shall have remained
unclaimed by the person or persons entitled thereto for two years from
the date it became payable in accordance with the final determination or
order providing for such refund.
2. Any such abandoned property held or owing by such a corporation or
ESCO to which the right to receive the same is established to the
satisfaction of such corporation or ESCO shall cease to be deemed
abandoned.
following unclaimed moneys held or owing by a gas corporation, an
electric corporation, a gas and electric corporation, a district steam
corporation, an energy services company, a telegraph corporation, a
telephone corporation, a telegraph and telephone corporation, or a
waterworks corporation, shall be deemed abandoned property:
(a) Any deposit made by a consumer or subscriber with such a
corporation or ESCO to secure the payment for utility services furnished
by such corporation or ESCO, or the amount of such deposit after
deducting any sums due to such corporation or ESCO by such consumer or
subscriber, together with any interest due thereon, which shall have
remained unclaimed by the person or persons appearing to be entitled
thereto for two years after the termination of the utility services to
secure the payment of which such deposit was made, or, if during such
two year period utility services are furnished by such corporation or
ESCO to such consumer or subscriber and such deposit is held by such
corporation or ESCO to secure payment therefor, for two years after the
termination of such utility services.
(b) Any amount paid by a consumer or subscriber to such a corporation
or ESCO in advance or in anticipation of utility services furnished or
to be furnished by such corporation or ESCO which in fact is not
furnished, after deducting any sums due to such corporation or ESCO by
such consumer or subscriber for utility services in fact furnished,
which shall have remained unclaimed by the person or persons appearing
to be entitled thereto for two years after the termination of the
utility services for which such amount was paid in advance or in
anticipation, or, if during such period utility services are furnished
by such corporation or ESCO to such consumer or subscriber and such
amount is applied to the payment in advance or in anticipation of such
utility services, for two years after the termination of such utility
services.
(c) The amount of any refund of excess or increased rates or charges
heretofore or hereafter collected by any such corporation or ESCO for
utility services lawfully furnished by such corporation or ESCO which
has been or shall hereafter lawfully be ordered refunded to a consumer
or other person or persons entitled thereto, together with any interest
due thereon, less any lawful deductions, which shall have remained
unclaimed by the person or persons entitled thereto for two years from
the date it became payable in accordance with the final determination or
order providing for such refund.
2. Any such abandoned property held or owing by such a corporation or
ESCO to which the right to receive the same is established to the
satisfaction of such corporation or ESCO shall cease to be deemed
abandoned.