Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 23
Service and effect of orders; stay
Public Service (PBS) CHAPTER 48, ARTICLE 1
§ 23. Service and effect of orders; stay. 1. Every order of the
commission shall be served upon every person or corporation to be
affected thereby by electronic service in a manner and format provided
for in regulations established by the commission or alternatively, if
non-electronic service is requested by such person or corporation,
either by personal delivery of a copy thereof, or by the mailing of a
copy thereof, in a sealed package with postage prepaid, to the person to
be affected thereby or, in the case of a corporation, to any officer or
agent thereof upon whom a summons may be served in accordance with the
provisions of the civil practice law and rules. The commission shall
provide, upon request, a certified copy thereof or a copy thereof
bearing the seal of the commission. Within a time specified in the order
of the commission every person and corporation upon whom it is served
must if so required in the order notify the commission, in writing,
whether the terms of the order are accepted and will be obeyed and in
the case of a corporation such notification shall be signed and
acknowledged by a person or officer duly authorized by the corporation
to execute such acceptance and agreement. Every order of the commission
shall take effect at a time therein specified and shall continue in
force either for a period which may be designated therein or until
changed or abrogated by the commission, unless such order be
unauthorized by this chapter or any other act or be in violation of a
provision of the constitution of the state or of the United States.

2. No order staying or suspending an order of the commission fixing
any rate, fare or charge or joint rate, fare or charge shall be made by
the supreme court otherwise than upon notice and after hearing; and if
the order of the commission is suspended, the order suspending the same
shall contain a specific finding based upon evidence submitted to the
court and identified by reference thereto, that great and irreparable
damage would otherwise result to the petitioner and specifying the
nature of the damage.

3. Notwithstanding the provisions of subdivision one of this section,
the commission, or a person designated by the commission to act in its
place, may, verbally or in writing, order a public utility company or
municipality to initiate, continue or restore service to a residential
customer, whenever a reasonable question regarding the circumstances of
a termination or refusal of service exists, whenever a dispute with
respect to utility charges or service is pending, or whenever
termination or refusal of service is likely to affect a person's health
and safety; provided that, a verbal order shall be confirmed by the
commission or its designee by sending within five business days a
written notice to the utility. The commission shall issue regulations
implementing this section.