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The Energy Consumer Protection Act
of 2002
In 2001, the State Assembly passed a bill to clarify that HEFPA applies to all elements of residential electric and natural gas service, no matter which company provides it. In 2002, both houses of the legislature unanimously passed the Energy Consumer Protection Act of 2002 (ECPA), which differs in detail but not in objective from the Assembly bill of 2001. ECPA was approved by the Governor December 20, 2002, and became Chapter 686 of the Laws of 2002.
Under ECPA, all of the protections defined by HEFPA are made applicable to the transactions between the competitive suppliers and residential consumers. With respect to the commencement and continuation of service, these include rules with respect to deposits, budget billing, estimated bills, plain language bills, third-party notices and other protections found for low income, elderly and disabled customers in HEFPA.
In the event a residential customer accumulates an arrears with the competitive supplier, as with an arrears to the utility supplier, the customer is entitled under the bill to notice of the reason for termination and notice of the procedures for avoiding termination. The customer is also entitled to the opportunity to continue service despite the arrears through a deferred payment agreement and to the further protections provided under HEFPA for households experiencing medical emergencies, for households with elderly, blind or disabled customers, and for households that might experience a loss of service in a cold weather season.
Under ECPA, service from the competitive supplier can be restored, as it is for utility service today, upon the guarantee of payment by the local social services district, and a reconnection can be ordered by the department of public service. Finally, ECPA allows the residential customer taking service from a competitive supplier who has a billing or service dispute with that supplier under HEFPA to pay the portion of the bill not in dispute and to take that complaint to the Public Service Commission for an informal hearing or formal hearing and written determination.
PULP is monitoring implementation of ECPA. New regulations are likely to be issued by the Public Service Commission before June 18, 2003, the date ECPA becomes effective.
If you are aware of implementation problems or issues, please contact PULP.
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