N.Y. Public Service Law § 73: Compensation to customers experiencing widespread prolonged outages

§ 73. Compensation to customers experiencing widespread prolonged

outages. 1. Notwithstanding any other provision of law, in the event

that a residential utility customer or a small business customer

experiences a widespread prolonged outage lasting at least seventy-two

consecutive hours or more without having been resolved by the utility

company, the utility company shall:

(a) Provide a credit of twenty-five dollars on the balance of such

residential utility customer's account for each subsequent twenty-four

hour period of service outage that occurs for such customers for more

than seventy-two consecutive hours after the occurrence of such

widespread prolonged outage.

(b) Provide reimbursement of any food spoiled due to lack of

refrigeration. Residential utility customers shall provide the utility

company an itemized list of all food spoiled or proof of loss of food

spoiled within fourteen days of the outage. The utility company shall

reimburse the customer within thirty days of the receipt of the itemized

list or proof of loss, provided, however, that if the utility company

has applied for a waiver pursuant to subdivision three of this section,

such utility company shall reimburse the customer within a time period

to be determined by the commission after the commission renders a

decision on the waiver request. The amount of the reimbursement shall

not exceed a total of two hundred thirty-five dollars for customers who

provide an itemized list. The amount of the reimbursement for customers

who provide proof of loss shall not exceed five hundred forty dollars.

(c) Provide reimbursement of prescription medication spoiled due to

lack of refrigeration. Residential utility customers shall provide the

utility company with an itemized list and proof of loss of prescription

medication due to lack of refrigeration within fourteen days of the

outage. The utility company shall reimburse the customer within thirty

days of the receipt of the itemized list and proof of loss of

prescription medication, provided, however, that if the utility company

has applied for a waiver pursuant to subdivision three of this section,

such utility company shall reimburse the customer within a time period

to be determined by the commission after the commission renders a

decision on the waiver request. The amount of the reimbursement shall

total no more than the actual loss of perishable prescription medicine.

(d) Provide reimbursement to small business customers for any food

spoiled due to lack of refrigeration. Small business customers shall

provide the utility company with an itemized list for all food spoiled

and proof of loss within fourteen days of the outage. The utility

company shall reimburse the small business customer within thirty days

of the receipt of the itemized list and proof of loss, provided,

however, that if the utility company has applied for a waiver pursuant

to subdivision three of this section, such utility company shall

reimburse the small business customer within a time period to be

determined by the commission after the commission renders a decision on

the waiver request. The amount of their imbursement shall not exceed

five hundred forty dollars.

2. Any costs incurred by a utility company pursuant to this section

shall not be recoverable from ratepayers.

3. Not later than fourteen calendar days after the occurrence of a

widespread prolonged outage, a utility company may petition the

commission for a waiver of the requirements of this section. The company

shall have the burden of demonstrating that granting the waiver is fair,

reasonable and in the public interest. In determining whether to grant

such waiver, the commission shall consider: (a) whether the company

complied with their submitted emergency response plan pursuant to the

provisions of subdivision twenty-one of section sixty-six of this

article; (b) whether any actions or omissions of the company contributed

to the prolonging of the widespread prolonged outage; (c) the hardships

endured by said company's customers due to the widespread prolonged

outage; (d) the severity of the widespread prolonged outage; (e)

conditions on the ground during the widespread prolonged outage and the

subsequent restoration; (f) balancing of the equities; and (g) any other

criteria the commission deems in the public interest to consider. The

commission shall issue a final decision regarding the grant of the

requested waiver no later than forty-five days after submission of the

petition.

4. The commission shall promulgate procedures, standards,

methodologies and rules necessary to implement the provisions of this

section. Such rules and regulations shall define the terms "widespread

prolonged outage", "small business customer" and "proof of loss".