§ 43 — Complaint handling procedures

New York § 43

• Jurisdiction: New York
• Law PBS: Public Service
• Art. 2: Residential Gas, Electric and Steam Utility Service

Text

§ 43. Complaint handling procedures. 1. The commission shall maintain\nregulations for the handling of residential customer complaints, which\nat a minimum shall require that each utility or municipality: (a)\nmaintain procedures for prompt investigation of any complaint on a bill\nfor gas or electric service rendered or a deposit required and for\nprompt reporting to the complainant of the result of such investigation.\nIf such report is made orally, the utility corporation or municipality\nshall offer the complainant upon a written request the opportunity to\nreceive the report in writing; (b) inform any complainant whose\ncomplaint is resolved in favor of the utility corporation or\nmunicipality, in whole or in part, of the availability of the\ncommission's complaint handling procedures; (c) refrain from terminating\nservice for nonpayment so long as a complaint is pending before a\nutility, municipality or the commission and for fifteen days thereafter,\nor for such period as the commission for good cause shall establish;\nprovided however, that as a condition of continued service during the\npendency of any such dispute, a customer shall pay the undisputed\nportions of any bill for service including bills for current usage, or\nsuch amounts as the commission determines reasonably reflect the cost of\nusage to such customer; and (d) refrain from treating the disputed\nportion of any bill as late during the pendency of any complaint before\nthe utility or municipality.\n 2. The commission shall maintain regulations for complaint handling\nprocedures including complaints with respect to the negotiation of a\ndeferred payment agreement which shall include, at a minimum: (a)\nprovision for investigation and informal review and for appeal to the\ncommission in its discretion; (b) that the burden of proof in all\nproceedings shall be on the utility corporation or municipality, except\nas otherwise provided by the commission for good cause; and (c)\nprovision for parties to receive a written determination of any\ncomplaint, upon request, in plain and simple English, which\ndetermination shall set forth the relevant facts established, the\nreasons for the determination, what actions must be taken and what\nfurther procedures are available to a complainant.\n 3. The commission shall use its best efforts to complete its\ninvestigation and review and to issue, within ninety days, its final\nwritten determination of any appeal to it pursuant to this section.\n