Sec. 96.6. Electric submetering service conditions

All submeterers, whether authorized to submeter by commission order, rule, or past practice, shall provide or continue to provide submetered service under the following conditions unless waived in whole or in part by commission order for good cause shown:

(a) a condition that submetering shall be in accordance with, as applicable, the notice of intent to submeter, the petition to submeter, or similar filings made prior to the effective date of this Part, as authorized by the commission or as modified by conditions adopted by the commission as part of its review and approval;

(b) a condition that each submetered residential unit in a multi-unit dwelling must be provided with a submeter or related equipment that allows for the termination of submetered electric service to that unit in the event that termination of such service is consistent with the requirements of HEFPA:

(1) the requirements of this paragraph shall not apply to submetering of electricity authorized by commission order prior to January 1, 2016 or which is the subject of a notice of intent to submeter or of a petition to submeter, filed with the secretary prior to January 1, 2014;

(2) when submetering systems installed as of January 1, 2016 are replaced, any newly installed submetering systems shall be capable of service termination;

(c) a condition that the submeterer shall not charge more than the applicable rate cap and that, in the event of charges greater than the applicable rate cap, the submeterer may be directed to provide credits to residents for such overcharges plus interest as consistent with Public Service Law section 118 and Part 145 of this Title;

(d) a condition that the submeterer shall not charge time-of-use rates when the resident has not agreed to be billed using time-of-use rates;

(e) a condition that the submeterer shall comply with the requirements imposed by HEFPA and that the submeterer shall notify residents, in either the lease to which they are a party, through their condominium or cooperative offering plan, or through other individual notice, of the consumer protections afforded the residents by HEFPA, and that the submeterer shall provide such consumer protections;

(f) a condition that the submeterer shall respond to complaints filed with the Department of Public Service and forwarded to the submeterer in accordance with the department’s complaint procedures;

(g) a condition that the lease or other residential dwelling agreement between a submeterer and a submetered resident shall not require or include binding arbitration as a means to resolve submetered service or billing complaints and that in addressing any such complaint the submeterer and the submetered resident shall follow the provisions of Part 12 – Consumer Complaint Procedures of this Title;

(h) a condition that, at any premises for which submetering of electric service is permitted, but at which, pursuant to subdivision (c) of this section, equipment that is capable of terminating electric service to individual units is not required, the submeterer shall provide, in the event that the submetered resident is in arrears for the payment of charges for electric service, each HEFPA protection associated with the termination of electric service for unpaid charges that would be available to such resident if the submetered resident had been directly metered. Such HEFPA protections shall be provided notwithstanding the fact that the submetering and related equipment does not technically allow for such termination of service. Each protection shall be provided to such resident prior to the commencement of any other civil enforcement, collection, or other proceeding based on such resident’s overdue electric charges;

(i) a condition that the submeterer shall update the information contained in the submeterer identification form submitted pursuant to section 96.5(d) of this Part or that is on file with the Department of Public Service by filing with the department of Public Service notice within 10 days of any personnel change;

(j) a condition that the bills to submetered residents be sent within 30 days of receipt of the distribution utility and/or energy services company bill for the master-metered service and that the submeterer shall retain billing records for a period of six years beginning with the effective date of this Part;

(k) a condition that cross-wiring (for example, service through a shared meter) shall not exist at premises that are submetered.