§ 31 — Applications for service

§ 31. Applications for service. 1. Every gas corporation, electric\ncorporation or municipality shall provide residential service upon the\noral or written request of an applicant, provided that the commission\nmay require that requests for service be in writing under circumstances\nas it deems necessary and proper as set forth by regulation, and\nprovided further that the applicant:\n (a) makes full payment for residential utility service provided to a\nprior account in his name; or\n (b) agrees to make payments under a deferred payment plan of any\namounts due for service to a prior account in his name and makes a down\npayment based on criteria to be established by the commission. No such\ndown payment shall exceed one-half of any money due from an applicant\nfor residential utility service, or three months average billing,\nwhichever is less; or\n (c) is a recipient of public assistance, supplemental security income\nor additional state payments pursuant to the social services law, or is\nan applicant for such assistance, income or payments, and the utility\ncorporation or the municipality receives payment from, or is notified of\nthe applicant's eligibility for utility payments by the social services\nofficial of the social services district in which such person resides\nfor amounts due for service to a prior account in the applicant's name,\ntogether with guarantee of future payments to the extent authorized by\nthe social services law.\n 2. In the event a utility corporation or municipality denies an\napplicant's application for service it shall provide prompt written\nnotice to such applicant of its reasons for denying service, specify\nwhat the applicant must do to qualify for service, and advise the\napplicant of his right to investigation and review of the denial of\nservice by the department if the applicant considers such denial to be\nwithout justification. Any such notice denying service shall be sent to\nan applicant within three business days after either a completed oral or\nwritten application for service is received, provided however, the\ncommission may specify a different period for good cause. The commission\nmay also establish such additional notice requirements upon a utility\ncorporation or municipality as it believes necessary to assure\nreasonable notification and protection for applicants.\n 3. Subject to the requirements of subdivisions four and five of this\nsection, whenever a residential customer moves to a new residence within\nthe service territory of the same utility corporation or municipality,\nhe shall be eligible to receive service at the new residence and such\nservice shall be considered a continuation of service in all respects,\nwith any deferred payment agreement honored, and with all rights of such\ncustomer and such utility corporation provided by this article\nunimpaired.\n 4. In the case of any application for electric service to a building\nwhich is not supplied with electricity, a utility corporation or\nmunicipality shall be obligated to provide electric service to such a\nbuilding, provided however, that the commission may require applicants\nfor service to buildings located in excess of one hundred feet from\nelectric transmission lines to pay or agree in writing to pay material\nand installation costs relating to the applicant's proportion of the\npipe, conduit, duct or wire, or other facilities to be installed.\n 4-a. In the case of any application for gas service to a building\nwhich is not supplied with gas, a utility corporation or municipality\nshall be obligated to provide gas service to such building, provided\nhowever, that the commission shall require applicants for gas service to\nsuch building to pay or agree in writing to pay material and\ninstallation costs relating to the pipe or other facilities to be\ninstalled to enable service to the applicant.\n 5. A utility corporation or municipality shall institute service to\nany applicant who meets the requirement of subdivision one of this\nsection, within five business days after such applicant applies for\nservice, provided however, such requirement shall not apply where the\ninstitution of service within five business days is prevented by adverse\nweather conditions, serious physical impediments, construction\nrequirements, labor disputes or law. A utility corporation or\nmunicipality shall initiate service promptly to applicants, and any such\ncorporation or municipality which fails to provide timely service to an\napplicant as required by this subdivision without good cause as\ndetermined by the commission, shall forfeit and pay to such applicant\nthe sum of twenty-five dollars per day for each day that such service is\nnot supplied. The chairman shall designate such officers and employees\nas he deems necessary to act on complaints relating to applications for\nservice.\n 6. In the event the service sought in applications submitted pursuant\nto this section is comprised of the provision of gas or electricity\ncommodity only, nothing in this section shall require the provision of\nsuch service to any and all such applicants; provided, however, that\nnothing in this subdivision shall prevent or preclude the commission or\na court from ordering the provision of such service to all such\napplicants if such order is authorized pursuant to or required to\nimplement a provision of law other than this article.\n