HOW DO I OBTAIN UTILITY SERVICE?
How do I get Residential Electric or Natural Gas Utility Service?
Oral Applications
You should be able to apply for and obtain electric or natural gas service in most situations simply by calling the utility and giving your name, address, telephone number, and prior account number, if any. If your oral application for service is denied or not acted upon, you may complain to the Public Service Commission. For information about how to make a complaint click on the “Complaint Process” button to the
right.
Written Applications
The utility can require a written application in limited situations: if, there is an amount owed by a former customer at your residence, and service was terminated for non-payment; the meter has been tampered with; the meter reading has advanced since the last customer left; or the application is made in your name by someone other than yourself.
The utility must notify you in no more than two business days if it is going to require a written application and the utility must tell you why your oral application is not sufficient and, why it is requiring a written application. If a written application is requested, the utility can also require reasonable proof of your identify (such as a driver's license or credit card) to validate your name and prior address; and proof of responsibility for service at your residence (such as a lease, deed, bill of sale, or other document indicating you are an occupant of the premises).The utility may not require you to give your Social Security number as a condition of receiving service.
16 NYCRR §11.3 (a) (4) (v)
Resource Information
HEFPA - Public Service Law Section 31: (Utility Service to be Provided Upon Oral or Written Application)
Public Service Commission Regulations, Part 11.3, Applications for Residential Service
Niagara Mohawk’s New Policies On Applications, Deposits, and Collection Matters. - 05-01-03
Frequently Asked Questions
PULP Answers Questions About Getting Utility Service.
If you have a specific question about obtaining service, contact PULP.
A sample of some detailed questions about getting utility service and PULP’s answers are listed below or for more questions click here.
When will I get the utility service?
You should get service within five days unless:
- precluded by public safety considerations;
- prevented by a labor strike or by law;
- prevented by physical problems such as weather conditions, incomplete construction, or inability to gain access;
- you have not paid or agreed to pay lawfully required line extension costs.
The utility must make reasonable efforts to eliminate conditions preventing service, must use due diligence in pursuing completion of any facilities it must construct. 16 NYCRR 11.3 (a) (4)
The utility must provide service within two business days after elimination of any conditions resulting in the denial of service. 16 NYCRR 11.3 (a) (6) (i)
Can a utility refuse service if I owe them money on a previous account in my name?
The utility must provide service to you, even if you owe money on a previous account in your name, if:
- you pay the amount you owe in full; or
- you make a payment agreement to pay off the amount you owe in installments over time. The utility must offer and negotiate such an agreement to you;
- you have a dispute with the utility concerning the amount which has not been paid pending with the Public Service Commission in a complaint proceeding
- you are receiving or have applied for public assistance, Supplemental Security Income, and the local social services office has agreed to pay for all or a portion of amounts owed on your previous account and agreed to provide the utility with a guarantee of future payments on your new account; or
- the PSC or DPS “hotline” directs the utility to provide you with service.
I just moved into an apartment where an old tenant, not on the lease, had the utility account in his name. He was pocketing the money from the roommates and did not pay the bill. He has now moved out, our electricity was shut off two weeks ago, we have a bill for $3200, and the utility will not allow me to open a new account in my name without a new lease. Is there any legal recourse? I cannot afford to pay this bill for which I am not responsible.
Public Service Law 31 requires the utility to provide service to an occupant who does not owe the company money for past service in his or her name.
- Applications for service may be made orally (usually by telephone) or in writing. Where there are arrears from a prior account at the premises, the company may require a new applicant for service there to make a written application, and to provide proof of identity. This may be done at utility company offices.
- Service is available to an "occupant" whether or not they are named on a written lease. A lease is not a precondition to receiving utility service, but if you are on a lease it can be one way to provide evidence you are an occupant at the premises.
- Other evidence of one's occupancy at a particular address should be acceptable - driver's license, passport address, other ID with the address, mail received at the address, etc.
- The utility is required to provide service to a new applicant within 5 days and must provide written notice of denial if it refuses service. A denial of service should include detailed information about how the denial may be reviewed by the Public Service Commission.
- If the utility refuses service the applicant can call the Public Service Commission (PSC) "Hotline" if service is off or is about to be shut off 1-800-342-3355.
- An applicant whose request for service has been denied can also lodge a formal Complaint about a denial of service by calling the Public Service Commission at 1-800-342-3377. Complaints may also be made lodged in person at PSC offices, by mail to the PSC, and by internet at http://www.dps.state.ny.us/complaints.html
How will I know if the utility intends to deny me service?
If the utility intends to deny your application, it must send you a written notice within three business days of your date of application, informing you of:
- the reasons for the denial;
- the steps you must take to get service (such as a Deferred Payment Agreement); and
- your rights to a PSC investigation and review of the denial including the appropriate address and telephone number for filing the complaint and the PSC hotline number (1-800-342-3355). 16 NYCRR § 11.3 (b) (2)
If you have not received service or a notice within three business days, you may deem your application for service to have been denied and complain to the PSC by calling 1-800-342-3377 or file a written complaint with the PSC. 16 NYCRR § 11.3 (b) (1)
When Can The Utility Demand A Deposit
In general, residential service must be provided with no deposit to an applicant for residential service. Deposits may not be required from recipients of public assistance or Social Security Income. The law and regulation permit the utility to require a deposit in the following situation:
- When the applicant is a “short term customer” who is defined as “a person who requires service for a specified period of time that does not exceed one year.” 16 NYCRR § 11.12(a) and (d)(1)
- When the applicant is a “seasonal customer” who is defined as “a person who applies for and receives utility service periodically each year, intermittently during the year, or at other irregular intervals.”
- If the applicant’s utility service was terminated for nonpayment during the preceeding six months. 16 NYCRR § 11.12.
|
