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.
Applications for service
Public Service (PBS) CHAPTER 48, ARTICLE 2
§ 31. Applications for service. 1. Every gas corporation, electric
corporation or municipality shall provide residential service upon the
oral or written request of an applicant, provided that the commission
may require that requests for service be in writing under circumstances
as it deems necessary and proper as set forth by regulation, and
provided further that the applicant:

(a) makes full payment for residential utility service provided to a
prior account in his name; or

(b) agrees to make payments under a deferred payment plan of any
amounts due for service to a prior account in his name and makes a down
payment based on criteria to be established by the commission. No such
down payment shall exceed one-half of any money due from an applicant
for residential utility service, or three months average billing,
whichever is less; or

(c) is a recipient of public assistance, supplemental security income
or additional state payments pursuant to the social services law, or is
an applicant for such assistance, income or payments, and the utility
corporation or the municipality receives payment from, or is notified of
the applicant's eligibility for utility payments by the social services
official of the social services district in which such person resides
for amounts due for service to a prior account in the applicant's name,
together with guarantee of future payments to the extent authorized by
the social services law.

2. In the event a utility corporation or municipality denies an
applicant's application for service it shall provide prompt written
notice to such applicant of its reasons for denying service, specify
what the applicant must do to qualify for service, and advise the
applicant of his right to investigation and review of the denial of
service by the department if the applicant considers such denial to be
without justification. Any such notice denying service shall be sent to
an applicant within three business days after either a completed oral or
written application for service is received, provided however, the
commission may specify a different period for good cause. The commission
may also establish such additional notice requirements upon a utility
corporation or municipality as it believes necessary to assure
reasonable notification and protection for applicants.

3. Subject to the requirements of subdivisions four and five of this
section, whenever a residential customer moves to a new residence within
the service territory of the same utility corporation or municipality,
he shall be eligible to receive service at the new residence and such
service shall be considered a continuation of service in all respects,
with any deferred payment agreement honored, and with all rights of such
customer and such utility corporation provided by this article

4. In the case of any application for service to a building which is
not supplied with electricity or gas, a utility corporation or
municipality shall be obligated to provide service to such a building,
provided however, that the commission may require applicants for service
to buildings located in excess of one hundred feet from gas or electric
transmission lines to pay or agree in writing to pay material and
installation costs relating to the applicant's proportion of the pipe,
conduit, duct or wire, or other facilities to be installed.

5. A utility corporation or municipality shall institute service to
any applicant who meets the requirement of subdivision one of this
section, within five business days after such applicant applies for
service, provided however, such requirement shall not apply where the
institution of service within five business days is prevented by adverse
weather conditions, serious physical impediments, construction
requirements, labor disputes or law. A utility corporation or
municipality shall initiate service promptly to applicants, and any such
corporation or municipality which fails to provide timely service to an
applicant as required by this subdivision without good cause as
determined by the commission, shall forfeit and pay to such applicant
the sum of twenty-five dollars per day for each day that such service is
not supplied. The chairman shall designate such officers and employees
as he deems necessary to act on complaints relating to applications for

6. In the event the service sought in applications submitted pursuant
to this section is comprised of the provision of gas or electricity
commodity only, nothing in this section shall require the provision of
such service to any and all such applicants; provided, however, that
nothing in this subdivision shall prevent or preclude the commission or
a court from ordering the provision of such service to all such
applicants if such order is authorized pursuant to or required to
implement a provision of law other than this article.