Section 23. Service and effect of orders; stay  


Latest version.
  • 1. Every order of the
      commission shall be served  upon  every  person  or  corporation  to  be
      affected  thereby,  either by personal delivery of a copy thereof; or by
      mailing a copy thereof, in a sealed package with postage prepaid, to the
      person to be affected thereby or, in the case of a corporation,  to  any
      officer or agent thereof upon whom a summons may be served in accordance
      with the provisions of the civil practice law and rules.  The commission
      shall  provide, upon request, a certified copy thereof or a copy thereof
      bearing the seal of the commission.   Within a  time  specified  in  the
      order  of  the  commission  every person and corporation upon whom it is
      served must if so required  in  the  order  notify  the  commission,  in
      writing,  whether the terms of the order are accepted and will be obeyed
      and in the case of a corporation such notification shall be  signed  and
      acknowledged  by  a person or officer duly authorized by the corporation
      to execute such acceptance and agreement. Every order of the  commission
      shall  take  effect  at  a  time therein specified and shall continue in
      force either for a period which  may  be  designated  therein  or  until
      changed   or   abrogated   by  the  commission,  unless  such  order  be
      unauthorized by this chapter or any other act or be in  violation  of  a
      provision of the constitution of the state or of the United States.
        2.  No  order  staying or suspending an order of the commission fixing
      any rate, fare or charge or joint rate, fare or charge shall be made  by
      the  supreme  court otherwise than upon notice and after hearing; and if
      the order of the commission is suspended, the order suspending the  same
      shall  contain  a  specific finding based upon evidence submitted to the
      court and identified by reference thereto, that  great  and  irreparable
      damage  would  otherwise  result  to  the  petitioner and specifying the
      nature of the damage.
        3. Notwithstanding the provisions of subdivision one of this  section,
      the  commission,  or a person designated by the commission to act in its
      place, may, verbally or in writing, order a public  utility  company  or
      municipality  to  initiate, continue or restore service to a residential
      customer, whenever a reasonable question regarding the circumstances  of
      a  termination  or  refusal  of  service exists, whenever a dispute with
      respect  to  utility  charges  or  service  is  pending,   or   whenever
      termination  or refusal of service is likely to affect a person's health
      and safety; provided that, a verbal order  shall  be  confirmed  by  the
      commission  or  its  designee  by  sending  within  five business days a
      written notice to the utility. The commission  shall  issue  regulations
      implementing this section.