Sec. 12.13. Appeals to the commission

(a) Filing of appeals.

If a customer or utility disagrees with the decision rendered in the informal hearing or review, the customer or utility may appeal to the commission by writing to the Office of the Secretary to the Public Service Commission, 3 Empire State Plaza, Albany, NY 12223. The appeal should be filed within 15 days after the informal hearing or review decision is mailed.

(b) Requirements for appeals.

An appeal must be in writing and be based on one or more of the following grounds:

(1) The hearing officer or reviewer made a mistake in the facts in the case or in the interpretation of laws or regulations which affected his or her decision.

(2) The hearing officer or reviewer did not consider evidence, presented at the hearing or review, which resulted in an unfavorable decision.

(3) New facts or evidence, not available at the time of the hearing or review, have become available which would have affected the decision on the complaint.