N.Y. Public Service Law § 32: Termination of service

§ 32. Termination of service. 1. Generally. Any termination of

residential utility service by utility corporations or municipalities

shall be in accordance with all relevant provisions of this article.

2. Utility service may be terminated, except as otherwise provided in

this section, if any person supplied with electric or gas service to a

residence:

(a) fails to pay charges for any service rendered during the preceding

twelve months, provided however that the commission by regulations may

permit the termination of service for bills due for service rendered

during periods in excess of twelve months where (i) there was a dispute

between such person and the utility corporation or municipality

concerning the bill during the twelve month period, (ii) delays in

termination are not the fault of the utility or were due to the culpable

conduct of such person, or (iii) such bills are necessary to adjust

estimated bills; or

(b) fails to pay amounts due under a deferred payment plan; or

(c) fails to pay or agree in writing to pay equipment and installation

charges relating to initiation of service; and

(d) is sent a final notice of termination no less than fifteen days

before the termination date shown on the notice. Any such notice shall,

at a minimum, clearly state the reason for termination of service; how

termination may be avoided; that the utility corporation or municipality

has available procedures for handling complaints; a summary of the

protections available under this article; that any customer eligible for

such protections should contact the utility corporation or municipality;

and such other provisions as the commission may require. A utility

corporation or municipality may not issue a final notice of termination

unless at least twenty days have elapsed from the date payment was due.

The commission may increase the number of days before which a final

notice of termination may be sent.

3. The commission shall safeguard from termination, or require

restoration of service to, those residents who will suffer serious

impairments to health or safety as a result of such termination or

failure to restore services. The regulations shall include, but not be

limited to:

(a) Medical emergencies. The commission shall require the continuation

or restoration of utility service to a customer's residence where a

medical emergency exists. The commission shall provide for written

certification by a medical doctor, nurse practitioner or local board of

health that termination of service or failure to restore service will

aggravate an existing medical emergency at a customer's residence,

provided that the commission may authorize an initial certification by

telephone if written certification is provided within five business

days. The commission shall provide for the duration, form, content and

renewal of written certificates. With respect to the renewal of written

certificates, the commission may require the customer to demonstrate an

inability to pay charges for service. The commission shall, in

consultation with the departments of health and social services and the

office for the aging, establish criteria to be used by a medical doctor,

nurse practitioner or local board of health in making a determination

that a medical emergency exists or that the absence of service will

aggravate an existing medical emergency.

(b) Customers who are elderly, blind, or disabled. The commission

shall provide special procedures to be followed by a utility or

municipality with respect to the termination or restoration of service

to a residence where the customer is known to or identified to the

utility to be blind, disabled, or sixty-two years of age or older;

provided that all the remaining residents of the household are sixty-two

years of age or older, eighteen years of age or under, or blind or

disabled. The commission shall afford reasonable protections to elderly,

blind or disabled customers, including a requirement that the utility

corporation or municipality make a diligent effort to contact by

telephone or in person an adult resident at the customer's premises at

least seventy-two hours prior to termination of service. The commission

shall also establish reasonable procedures for identifying customers

eligible for the protections of this section.

(c) Special procedures for cold weather periods. (i) The commission

shall establish procedures to be followed by a utility or municipality

supplying heat related service in cold weather periods. Such procedures

shall be designed to identify and assist, prior to termination of

service, those residents who may suffer serious impairment to health or

safety as a result of any such termination. The commission shall

establish the applicable cold weather periods; specify criteria for

identifying residents who are likely to suffer serious impairments, and

require that such service not be terminated unless a representative of

the utility or municipality makes a diligent effort to contact by

telephone or in person an adult resident of the customer's premises at

least seventy-two hours prior to termination, makes a personal visit at

the time of termination and provides the customer with information

regarding the protections available under this article. The commission

shall provide for the manner in which such contacts and personal visits

are made. (ii) The commission shall also require a utility or

municipality supplying service to continue service to customers where a

serious impairment to health or safety is likely to result from

termination of service and the person supplied is unable because of

mental or physical problems to manage his or her own resources or to

protect himself or herself from neglect or hazardous situations without

the assistance of others. Doubts shall be resolved in favor of continued

service. Continuations of service shall be for a period of time to be

established by the commission. The commission shall consult with the

department of social services and the state office for the aging in

implementing the provisions of this paragraph.

4. The commission shall preclude terminations for nonpayment other

than between the hours of eight a.m. and four p.m., Monday through

Thursday, provided that such day or the following day is not a public

holiday as defined in the general construction law.

5. (a) In the event the service to a residential customer terminated

pursuant to this section or the service to a multiple-family dwelling

pursuant to section thirty-three of this article or a two-family

dwelling pursuant to section thirty-four of this article consists of the

provision of gas or electricity commodity only, the utility providing

distribution services to such customer shall suspend the provision of

such distribution services and the provision of any other related

services to such customer if:

(i) The utility providing distribution services to such customer is

notified of the termination in such manner and form as the commission

shall, by regulation, prescribe; which notification shall include

documentation sufficient to confirm that such termination was, in all

respects, in compliance with this article and that the conditions set

forth in this subdivision have been met;

(ii) Except in the case of a service to a multiple dwelling pursuant

to section thirty-three of this article, such customer was billed using

a billing system in which all charges for service were present on a

single bill;

(iii) Such utility providing distribution services provided such

services to the customer at the time of the termination;

(iv) The utility implementing the termination confirms that it is able

to and will take all actions within its control necessary to resume the

provision of electric or gas commodity to such customer in accordance

with the agreement for such service between such utility and such

customer, if the customer makes full payment of the amount of arrears

that were the basis for the termination of service;

(v) The utility implementing the termination has not assigned its

right to obtain payment of the arrears to an entity that is not a

utility for purposes of this article; and

(vi) Less than one year has elapsed since such termination of

commodity service has occurred.

(b) All notices provided pursuant to this article in connection with

such termination shall include notice of the suspension of services

that, pursuant to this subdivision, can occur coincidental with such

termination and shall state the amount which must be paid to the utility

making the termination in order to obtain the resumption of service from

such terminating utility and, if different, the amount which must be

paid to the utility making the termination to end such suspension of

services.

(c) The utility shall make its best efforts to institute such

suspension of distribution service promptly and shall receive reasonable

compensation from the terminating utility, as determined by the

commission, for any costs associated with such suspension of

distribution services. Any payments for arrears made by a customer after

the termination of service shall be allocated equitably on a pro rata

basis between the terminating utility and the utility that provided

distribution services, to the extent arrears are owed to both such

utilities.

(d) Such suspension shall end upon the occurrence of any of the

conditions identified in paragraphs (a) through (e) of subdivision one

of section thirty-five of this article, upon the expiration of one year

after such termination of commodity service, or upon the receipt of

payments by or on behalf of the customer to the terminating utility such

that the amount paid by such customer to the terminating utility plus

the amount previously paid the terminating utility plus any other

charges paid to the utility providing distribution service during the

period when such customer's arrears accrued is equal to or greater than

the amount such customer would have paid if the entire utility service

had been obtained from the utility providing distribution services

during such period.

6. Implementation of the provisions of this section shall not limit

the contractual remedies for damages which might be available to the

terminating utility provided that an award of such damages is not

inconsistent with any of the provisions of this article.