N.Y. Public Service Law § 41: Finality of certain utility charges

§ 41. Finality of certain utility charges. 1. Notwithstanding any

other provision of law, if a utility corporation or municipality does

not render a residential customer for gas or electric service, with the

exception of a seasonal or short-term customer as defined by rule of the

commission, a monthly bill for gas and/or electric services used by such

customer during that monthly period, or, in the case of bi-monthly meter

reads, during that month and the prior month, within three months from

the end date of such monthly billing period, then, such residential

customer shall not be charged for such gas and electric services which

were not billed to the customer as provided herein, unless the failure

of the corporation or municipality to bill sooner was not due to the

neglect of the corporation or municipality or was due to the culpable

conduct of the customer. If the customer remains liable for such

service, the utility shall permit payments to be made under an

installment payment plan, provided, however, that the utility or

municipality may require prompt payment if the non-billing resulted from

the culpable conduct of the customer. Any such installment payment plan

may provide for a downpayment of up to one-half of the amounts due from

the customer, or three months average billing, whichever is less.

2. Notwithstanding any other provision of law, a utility corporation

or municipality may not adjust upward a bill previously rendered to a

residential customer after the expiration of twelve months from the time

service to which the adjustment pertains was provided unless (a) failure

to bill correctly was caused by the customer's culpable conduct or was

not due to the neglect of the utility or municipality; (b) such

adjustment is necessary to adjust a budget payment plan; or (c) there

was a dispute between the utility or municipality and the customer

concerning the bill during the twelve-month period. A utility or

municipality issuing an additional or increased bill charging for

services rendered twelve or more months prior to such date of issuance

shall include with it a notice giving the reason for the late billing.

3. No public utility company or municipality may render a bill for

previously unbilled service, or adjust upward a bill previously

rendered, to a residential customer after the expiration of twenty-four

months from the time service to which the bill or adjustment pertains

was provided. This provision shall not apply when the culpable conduct

of a customer caused or contributed to the failure of the company or

municipality to have rendered a timely or accurate billing.