Sec. 13.1. Applicability of rules and definitions

(a) Applicability.

(1) Notwithstanding any other commission rules or orders to the contrary, this Part governs the rights, duties and obligations of every gas, electric and steam corporation or municipality subject to the jurisdiction of the commission by virtue of articles 4 and 4-A of the Public Service Law, their nonresidential customers and the applicants for such nonresidential service.

(2) Nothing in this Part shall modify the commission's rules or orders applicable to the provision of gas, electric or steam service to residential customers under Part 11 of this Title.

(b) Definitions.

The following words and terms when used in this Part have the following meanings:

(1) A utility is any gas corporation, electric corporation, gas and electric corporation, steam corporation or municipality; provided, however, that the term shall not include any municipality that is exempt from commission regulation by virtue of section 1005(5)(g) of the Public Authorities Law.

(2) An applicant is a person, corporation or other entity who has requested gas, electric or steam service as a nonresidential customer.

(3) A nonresidential customer is a person, corporation or other entity, supplied by a utility with gas, electric or steam service under the utility's tariff, and pursuant to an accepted application for service, who is not a residential customer as defined in Part 11 of this Title. The word customer, when used alone in this Part, refers only to a nonresidential customer.

(4) A new customer is a customer who was not the last previous customer at the premises to be served, regardless of whether such customer previously was or is still a customer of the utility at a different location.

(5) A seasonal customer is a customer who applies for and receives utility service periodically each year, intermittently during the year, or at other irregular intervals.

(6) A short-term or temporary customer is a customer who requested service for a period of time up to two years.

(7) A demand customer is a customer who is billed for demand charges.

(8) An actual reading is one obtained by a utility employee from either the meter or a remote registration device attached thereto.

(9) An access controller is a party known to a utility to be in control of access to the metering equipment of a customer, and to have an active account of its own with the utility.

(10) A payment is considered to be made on the date when it is received by a utility or one of its authorized agents.

(11) A late payment is any payment made more than 20 calendar days after the date payment was due. Payment is due whenever specified by a utility on its bill, provided such date does not occur before personal service of the bill or three calendar days after the mailing of the bill.

(12) Arrears are charges for which payment has not been made more than 20 calendar days after payment was due.

(13) A delinquent customer is a customer who has made a late payment on two or more occasions within the previous 12-month period.

(14) A business day is any Monday through Friday when a utility's business offices are open.

(15) A deferred payment agreement is a written agreement for the payment of outstanding charges over a specified period of time. It must be signed in duplicate by a utility representative and the customer, and each must receive a copy, before it becomes enforceable by either party.

(16) A levelized payment plan is a billing plan designed to reduce fluctuations in a customer's bill payments due to varying, but predictable patterns of consumption.

(17) A backbill is that portion of any bill, other than a levelized bill, which represents charges not previously billed for service that was actually delivered to the customer during a period before the current billing cycle. A bill based on an actual reading rendered after one or more bills based on estimated or customer readings (commonly called a catch-up bill), which exceeds by 50 percent or more the bill that would have been rendered under a utility's standard estimation program, is presumed to be a backbill.

(18) Tampered equipment is any service-related equipment that has been subjected either to unauthorized interference so as to reduce the accuracy or eliminate the measurement of a utility's service, or to unauthorized connection occurring after a utility has physically disconnected service.

(19) Utility deficiency means any action or inaction by a utility or one of its authorized agents that does not substantially conform to the rules and regulations of this Title, the utility's tariff, or the utility's written business procedures.