Laws of New York State
Reference: New York State Legislature
Last Update: Feb 22, 2015

§35 - Reconnection of service

Cite: N.Y. P.B.S. Law § 35 (Consol.).

1. The commission shall by regulation establish reasonable conditions under which an electric or gas corporation or municipality shall be required to take all actions within such corporation or municipality's control and, where applicable, consistent with the provision of the agreement for commodity service, if any, between the corporation and the customer, provided such provisions are consistent with this article to reconnect service to residential customers. Such conditions shall include, but not be limited to, requirements for reconnection of service within twenty-four hours, unless prevented by circumstances beyond the utility's or municipality's control, (a) upon receipt by a corporation or municipality of the full amount of arrears which were the basis for termination of service, (b) upon the signing of a deferred payment plan together with a down payment based on criteria to be established by the commission, provided that no such down payment shall exceed one-half of the amount which was the basis of termination, or the amount of three months billing, whichever is less, (c) upon the direction of the commission, (d) upon the receipt of a commitment of a direct payment or a written guarantee of payment from the social services official of the social services district in which the customer resides or (e) where the utility or municipality has notice that a serious impairment to health or safety is likely to result if service is not reconnected. With respect to reconnection on the basis of serious impairment of health or safety doubts shall be resolved in favor of reconnection of service. The chairman shall designate such officers and employees as he deems necessary to act on requests for service reconnections.

2. Where any utility corporation or municipality is required to reconnect service within twenty-four hours and fails or neglects to do so without good cause as determined by the commission, it shall forfeit and pay to the customer the sum of not less than twenty-five dollars nor more than fifty dollars per day for each day thereafter, as determined by the commission, that such service is not supplied.

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