N.Y. Public Service Law § 39: Meter reading and estimated bills

§ 39. Meter reading and estimated bills. 1. A utility corporation or

municipality may, in accordance with such requirements as the commission

may impose by regulation, render an estimated bill for any billing

period if: (a) the procedure used by such utility or municipality for

calculating estimated bills has been approved by the commission, and the

bill clearly indicates that it is based on an estimated reading and (b)

the utility owning the meter and providing the meter reading data on

which the estimated bill will be based or the municipality has made

reasonable effort to obtain an actual meter reading or (c) circumstances

beyond the control of the utility or municipality made an actual reading

of the meter extremely difficult or (d) circumstances indicate a

reported reading is likely to be erroneous, or (e) an estimated reading

is prescribed or authorized by the commission for a billing period

between periods when actual meter readings are scheduled or for seasonal

or short term customers.

2. Where a utility corporation owning the meter and supplying meter

reading data for a bill or a municipality fails to gain access to a

meter for a period of four months or two billing periods, whichever is

greater, the corporation or municipality shall take reasonable actions

to obtain an actual meter reading. Such additional actions may include,

but not be limited to: making an appointment with the customer or such

other person who controls access to the meter for a reading at a time

other than within normal business hours, offering the customer the

opportunity to phone in a meter reading, or providing a card to the

customer on which he or she may record the reading and mail it to the

utility or municipality.

3. Where a utility corporation or municipality has submitted an

estimated bill or bills to a residential customer, and such estimate or

estimates significantly understate the actual amount of money owed by

such customer, the customer shall have the right to pay the difference

between the estimated charges and the actual charges in regular monthly

installments over a reasonable period. The commission shall establish by

regulation the minimum amount for any such underbilling, and the length

of any such period; provided, however, that no such installment period

shall be less than three months.

4. Upon discontinuation of utility service to a residential customer,

a gas or electric corporation shall notify such customer of their right

to an actual meter reading. It shall be the right of every residential

customer of a gas or electric corporation, upon the discontinuation of

utility service, to obtain, upon request, an actual meter reading by

such customer's gas or electric corporation. A gas or electric

corporation shall provide such a reading within forty-eight hours of

such request, provided that if circumstances beyond the control of the

gas or electric corporation make an actual reading of the meter

extremely difficult, such corporation shall not be required to provide

an actual meter reading. A gas or electric corporation shall not be

required to provide a physical meter reading during a holiday or

non-work day, but shall instead provide such meter reading on the next

workday.