Sec. 11.5. Residential service—special procedures

This section provides special protections for specified residential customers regarding the termination, disconnection or suspension and restoration of utility service in cases involving medical emergencies, the elderly, blind or disabled, and terminations, disconnections or suspensions during periods of cold weather. This section applies to all or any part of residential utility service, regardless of the type of provider.

(a) Medical emergencies.

(1) No utility shall terminate, disconnect or suspend or refuse to restore service when a medical emergency, as certified by a medical doctor or local board of health, exists; provided, however, that a demonstration of the customer's inability to pay charges for service shall be required before a certificate of medical emergency can be renewed.

(2) A medical emergency exists when a resident of a customer's residence suffers from a serious illness or a medical condition that severely affects his well-being. An inability to pay charges for service is demonstrated when a customer is unable to pay past due and current utility bills because of insufficient liquid assets and current income, considering other necessary and reasonable expenses of the customer such as food, shelter and medical expenses as documented by provision of the information required in the form set forth in Appendix A-3 of this Title, or such other form approved by the commission.

(3) Certification.

An initial certification of a medical emergency by a medical doctor or local board of health may be made by telephone and shall remain effective if written certification is provided thereafter to the utility within five business days. If written certification of a medical emergency is provided to a utility that uses or appears on a consolidated bill, that utility shall notify any other utility that uses or appears on the consolidated bill immediately upon receiving such certification. Any certification of a medical emergency shall be submitted on stationery of the medical doctor or local board of health, shall be signed by the medical doctor or an official of the local board of health qualified to make a medical judgment and shall state the name and address of the certifying medical doctor or local board of health, the doctor's State registration number, the name and address of the seriously ill person, the nature of the serious illness or medical condition and an affirmation that the illness or condition exists or will be aggravated by the absence of utility service. The certificate shall be effective for 30 days from the time the utility receives an oral or written certification, whichever occurs earlier. In deciding whether the conditions for a medical emergency are met, the medical doctor or qualified official of the local board of health should use his or her best medical judgment. A utility receiving an initial certificate shall promptly so notify the customer in writing and shall provide information on renewal of certificates, including the form set forth in Appendix A-3, infra, or such other form approved by the commission.

(4) Certificate renewal.

If the medical condition is likely to continue beyond the expiration of an initial certification, a certificate may be renewed, provided:

(i) a medical doctor or qualified official of the local board of health states in writing to the utility the expected duration of the medical emergency and explains either the nature of the medical emergency or the reason why the absence of utility service would aggravate the medical emergency; and

(ii) the customer demonstrates an inability to pay charges for service.

A customer shall, before the expiration of the initial certification, submit to the utility, the information required in the form set forth in Appendix A-3, infra, or such other form approved by the commission, for the purpose of demonstrating an inability to pay charges for service. A distribution utility shall, within five days of submission of such information, determine whether the customer's liquid assets and current income are insufficient to pay utility bills, considering other necessary and reasonable expenses of the customer such as food, shelter and medical expenses. Whenever a distribution utility determines that a customer has not demonstrated a financial hardship, it shall provide the customer with written notice of the determination and the customer's right to a review of the determination by the commission or its authorized designee. A distribution utility shall stay any disconnection or suspension activity pending its determination on the customer's ability to pay and any review of such determination by the commission or its authorized designee. A renewed certificate shall remain in effect for 30 days, provided that in cases certified as chronic by a medical doctor or qualified official of the local board of health, the renewed certificate shall remain in effect for 60 days or such longer period as may be approved by the commission or its designee. The statement of financial hardship shall be completed and submitted to the distribution utility whenever a certificate is renewed.

(5) Special rule for life support systems.

If a customer or a resident of the customer's premises suffers from a medical condition requiring utility service to operate a life-sustaining device, such as an iron lung or a dialysis machine, certification by a medical doctor or qualified official of a local board of health shall remain effective until terminated by the commission or its designee, provided the residential customer demonstrates an inability to pay charges for service providing the information required by Appendix A-3, infra, or such other form approved by the commission, on not less than a quarterly basis. Every utility shall maintain a special file on such residential customers and an appropriate identification on the meters of such customers for the purpose of ensuring that utility service is provided as long as the medical emergency and customer inability to pay continue, as determined by the commission. In addition to other applicable requirements, a utility shall provide 15 days' written notice to the commission before terminating, disconnecting or suspending service to any such customer.

(6) No utility shall terminate, disconnect or suspend service to a residential customer after the expiration of a certification of medical emergency or after the utility determines that the customer has an ability to pay charges for service without first sending the customer a final notice of termination, disconnection or suspension 15 days prior to the date of termination, disconnection or suspension.

(7) While certification of medical emergencies remain in effect, customers shall remain liable for payment of utility service and shall make reasonable efforts to pay charges for such service. The authorized designees of the commission shall be available to offer assistance to utilities and customers for working out equitable payment arrangements in order to avoid substantial arrearages at the end of a medical emergency.

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

(1) No utility shall terminate, disconnect or suspend or refuse to restore service where a residential customer is known to or identified to the utility to be blind, disabled, or 62 years of age or older, and all the remaining residents of the household are 62 years of age or older, 18 years of age or under, or blind or disabled, without complying with the procedures specified in this subdivision. A person shall be considered disabled if the person has a disability, as that term is defined in the Human Rights Act (Executive Law, § 292[21]). A person shall be considered blind if the person has central visual acuity of 20/200 or less in the better eye with the use of a correcting lens. An eye which is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees shall be considered as having a central visual acuity of 20/200 or less.

(2) In such cases, a utility shall make a diligent effort to contact by telephone, or in person if telephone contact is unsuccessful, an adult resident at the customer's premises at least 72 hours prior to termination, disconnection or suspension of service for the purpose of devising a plan that would preclude termination, disconnection or suspension and arrange for payment of bills. The plan may include a deferred payment agreement, and payment or a guarantee of payment by any governmental, social welfare agency or private organization. Where a utility and such customer are unable to devise a plan after such contact, the utility shall notify the local department of social services of the name and address of the customer and the date of termination, disconnection or suspension in order that social services may help to develop a plan for such customers. The utility shall continue to provide service for not less than 15 business days from the time it makes the referral, unless notified by the local department of social services that acceptable payment or other arrangements have been made. In any such case, the customer may seek the assistance of the commission's authorized designees in developing such a plan.

(3) In cases where service has been terminated, disconnected and suspended and the utility is subsequently notified by the customer or a third party on his or her behalf that he or she would be entitled to the protections established under this subdivision, the utility shall within 24 hours of such notification make a diligent effort to contact by telephone or in person an adult resident at the customer's premises for the purpose of devising a plan, as set forth in paragraph (2) of this subdivision, that would restore service and arrange for payment of bills. A utility unable to contact such person within 24 hours shall make reasonable effort to achieve contact as soon as practicable. Where a utility and such customer are unable to devise such a plan, the utility shall notify the local department of social services of the name and address of the customer and the date of termination, disconnection or suspension in order that social services may help to develop a plan for protecting such customer.

(4) In cases where a utility has terminated, disconnected or suspended service in compliance with the provisions of paragraph (2) of this subdivision, it shall within 10 days following termination, disconnection or suspension make a diligent effort to contact, by telephone or in person, an adult resident at the customer's premises for the purpose of determining whether alternative arrangements have been made for the provision of utility service and, if none have been made, attempt to devise a plan that would restore service and arrange for payment of bills.

(c) Special procedures during cold weather periods.

(1) Every utility shall develop and maintain methods to identify all residential households in its service territory whose utility service is heat-related. As used in this subdivision, heat-related service means utility service provided under a rate classification applicable to residential space heating or utility service necessary to start or operate the primary heating system. Heat-related service shall also include a safe, supplemental electrical heating device, provided the residential customer has informed the utility within the last 12 months in writing that such device is needed because inadequate heat is provided by a third party who controls the primary heating system. In other respects, the residential households covered by this subdivision do not include the dwelling units covered by sections 33 and 34 of the Public Service Law and sections 11.7 and 11.8 of this Part (i.e., multiple dwellings and residences, and two-family houses) where payment for heat-related service is not the responsibility of the residential customer.

(2) During the period beginning November 1st of each year and ending April 15th of the following year, every utility shall observe, at a minimum, the following procedures with respect to residential customers receiving heat-related utility service:

(i) A utility shall attempt to contact, by telephone or in person, the customer or an adult resident of the customer's premises at least 72 hours before the intended termination, disconnection or suspension, for the purpose of ascertaining whether a resident is likely to suffer a serious impairment to health or safety as a result of termination, disconnection or suspension. At a minimum, a utility shall attempt to make such contact with the customer or other adult resident by telephone (if the customer has one) once during normal business hours, and if unsuccessful, during reasonable nonbusiness hours (6 p.m.-9 p.m. on weekdays or 9 a.m.-5 p.m. on Saturdays and Sundays), and if both telephone contacts are unsuccessful or the customer does not have a telephone, by an onsite personal visit. At the time of termination, disconnection or suspension, a utility shall also attempt to contact, in person, the customer or other adult resident for the purpose of ascertaining whether a resident is likely to suffer a serious impairment to health or safety as a result of termination, disconnection or suspension. During such contacts, the utility's representatives shall fully explain the reasons for termination, disconnection or suspension and provide customers with information on the protections available under this Part. If communication with the person contacted is not possible because of an apparent language barrier, the utility shall take steps to assure communication before termination, disconnection or suspension.

(ii) No utility shall terminate, disconnect or suspend heat-related service for nonpayment where the utility ascertains that a resident is likely to suffer a serious impairment to human health or safety as a result of termination, disconnection or suspension, unless it has complied with subparagraph (i) of this paragraph and:

(a) the utility notifies the local social services commissioner orally and within five days in writing, on forms prescribed or accepted by the commission, that a resident is likely to suffer a serious impairment to health or safety as a result of termination, disconnection or suspension; and

(b) the local social services commissioner, after an investigation, informs the utility that the reported condition is not likely to result in a serious impairment to health or safety, or that an alternative means for protecting the person's health or safety has been devised.

During any such continuation of service, customers shall remain liable for payment of utility service and shall make reasonable efforts to pay charges for such service. A utility notifying the local social services commission shall so inform the customer and shall explain the purpose of the referral. A utility may exercise its discretion with respect to terminating, disconnecting or suspending service to the customer in the event it does not receive an oral or written report from the local social services commissioner within 15 business days after the written referral of the matter by the utility to the commissioner.

(iii) For the purposes of this section, a person is likely to suffer a serious impairment to health or safety if the person appears to be seriously impaired and may, because of mental or physical problems, be unable to manage his or her own resources, carry out activities of daily living or protect oneself from neglect or hazardous situations without assistance from others. Indications of serious impairments include, but are not limited to:

(a) age, infirmity or mental incapacitation;

(b) use of life support systems, such as dialysis machines or iron lungs;

(c) serious illness;

(d) physical disability or blindness, as such terms are used in subdivision (b) of this section; and

(e) any other factual circumstances which indicate severe or hazardous health situations.

The above criteria are general standards and the utility's field personnel must be trained to exercise discretion, sound judgment and common sense in ascertaining whether a serious impairment to health or safety is likely to result.

(iv) If a utility terminates, disconnects or suspends service to a customer, and the customer or a resident 18 years or older was not personally contacted by the utility before termination, disconnection or suspension of service and the customer has not contacted the utility for the purpose of requesting reconnection before 12 noon on the day following termination, disconnection or suspension of service, the utility shall immediately attempt to determine, by onsite inspection, direct personal contact at the premises with the residential customer or other adult resident, or other reasonable measures, whether there is continuing occupancy and whether a serious impairment to health or safety is likely to result. If the utility determines that a serious impairment would result, it shall immediately restore service and comply with the requirements of subparagraph (iii) of this paragraph. If the utility is unable to obtain personal contact with the customer or an adult resident, and does not have reasonable grounds to believe that the customer has vacated the premises, it shall immediately refer the name and address of the customer to the local commissioner of social services, in accordance with the procedures set forth in subparagraph (iii) of this paragraph.

(v) Every utility shall designate an employee(s) to serve as a liaison with local social services departments.

(vi) Every utility shall file with the commission for its review the procedures to be followed by the utility's personnel in complying with these special procedures.

(3) If a utility decides to terminate, disconnect or suspend service to a residential customer because of a potential health or safety problem where the meter or service laterals have been tampered with or a theft of service has occurred, it shall determine, according to the procedures set forth in subparagraphs (2)(i) and (iii) of this subdivision, whether a resident is likely to suffer a serious impairment to health or safety as a result of termination, disconnection or suspension. If the utility ascertains that a resident is likely to suffer a serious impairment, it shall observe the procedures set forth in subparagraphs (2)(ii) and (iv) of this subdivision; provided, however, that the requirement of continued service shall not apply in the event it is impractical for the utility to eliminate an unsafe condition. In any cases where a resident is likely to suffer a serious impairment and the utility terminates, disconnects or suspends service to preclude the continuation of an unsafe condition, it shall specially notify the local social services commissioner on the same day service is terminated, disconnected or suspended and request an immediate consideration of the case.

Comment:

If a distribution utility discovers a meter-tampering or theft situation and determines that a resident is likely to suffer a serious impairment, it should continue service, pending review by the official or agency designated by the Social Services Law, provided that service can be rendered safely. For example, if a distribution utility discovers that the meter of a locked account is advancing, it should, in most circumstances, be able to continue service in a safe manner. In other theft cases, particularly those involving gas service, the need for rendering the condition safe may preclude the continuation of service. For example, if a gas distribution utility discovers unsafe piping, an unsafe meter bypass or substantial damage to the meter, disconnection may be the best method of eliminating the unsafe condition. If the distribution utility cannot readily repair the unsafe condition or, in the case of a gas company, cannot obtain access to the pilot lights (which would have to be relit), immediate restoration of service would not be practical. The distribution utility should specifically note, in its referrals pursuant to Social Services Law, those cases where heat-related service is not restored or continued so that the official or agency designated by the Social Services Law may give immediate attention to them.

(4) Not earlier than September first nor later than November first of each year, every distribution utility shall conduct a survey of all former residential customers, including qualifying supplemental heating customers whose utility service is heat-related and was disconnected or suspended during the 12-month period ending on November first of that year, and has not been restored, except for abandoned buildings and customer-requested turnoffs. The purpose of the survey is to determine whether the former customer or other resident is likely to suffer a serious impairment to health or safety from a continued lack of service. If the distribution utility determines that a former customer or other resident is likely to suffer a serious impairment, it shall restore service immediately and comply with the requirements of subparagraphs (2)(ii) and (iii) of this subdivision, unless the customer refuses to permit service restoration or, in theft or tampering situations, unless it is impractical for the distribution utility to eliminate an unsafe condition. If the distribution utility is unable to obtain personal contact with the customer or an adult resident, or the customer refuses service restoration, it shall immediately refer the name and address of the former customer to the local commissioner of social services in accordance with the procedures set forth in subparagraph (2)(ii) of this subdivision, unless the distribution utility has reasonable grounds to believe that the former customer has permanently vacated the premises.

(5) Special rule for customers threatened by neglect or hazardous situations. During the cold weather period defined above, every utility shall continue utility service as prescribed herein to a residential customer where a serious impairment to health or safety is likely to result from termination, disconnection or suspension of service and the customer 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. Every utility shall provide the protections set forth in this paragraph to a residential customer who is identified as likely to suffer a serious impairment, as described in this subdivision, in a response to the annual notification of rights required under section 11.17 of this Part; by a local social services office, office for the aging, board of health, or other responsible agency or person; or by any utility personnel. In such situations, the utility shall transmit an oral or written notification to the local social services commissioner that explains fully the nature of the serious impairment to health or safety, including the basis for the determination that the customer is unable to protect himself or herself from neglect or hazardous situations without assistance from others. The utility shall continue service to such customer for a period not less than 15 business days from the date of the oral or written referral, unless notified by the social services office that acceptable payment or other arrangements have been made. Doubts shall be resolved in favor of continued service. During any such continuation of service, customers shall remain liable for payment of utility service and shall make reasonable efforts to pay charges for such service.