DEFERRED PAYMENT AGREEMENTS
I fell behind in my bills due to medical expenses and my electric service was shut off for nonpayment. The utility referred me to the local welfare department. I was not eligible for the federal Home Energy Assistance Program, my income is slightly above the public assistance level, and I was refused a loan to pay the bill. We live in the country and need electricity for water, refrigeration, cooking, and our heating system. What can I do?
Under the Home Energy Fair Practices Act the utility is required to negotiate in good faith with you over the terms of a deferred payment agreement (DPA) based on your financial situation. 16 NYCRR § 11.10. Under a DPA you agree to pay current bills plus the DPA amount to pay back what you owe over time.
The utility says I broke a previous understanding with its collections office to pay the bills and now they will not negotiate a DPA with me.
A utility may refuse to enter into a new DPA only if an old one was broken and there has been no change of circumstances that would justify a new one. A DPA, however, is required to be in writing, and signed by both the customer and the utility. 16 NYCRR § 11.10(a)(1). Therefore, unless you broke a real DPA, the utility is required to negotiate with you now based on your present circumstances, for a real DPA.
The utility still insists on a large down payment to restore service which I do not have and refuses to restore service unless I make the large upfront payment.
The Public Service Commission under Section 43(2) of the Public Service Law and its regulations must review and decide a dispute over the terms of a DPA, and may order the utility to put the service on forthwith. 16 NYCRR § 11.10(b)(2). Call the PSC Hotline at 1-800-342-3355.
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