Section 31. Applications for service

1.  Every gas corporation, electric
  corporation or municipality shall provide residential service  upon  the
  oral  or  written  request of an applicant, provided that the commission
  may require that requests for service be in writing under  circumstances
  as  it  deems  necessary  and  proper  as  set  forth by regulation, and
  provided further that the applicant:
    (a) makes full payment for residential utility service provided  to  a
  prior account in his name; or
    (b)  agrees  to  make  payments  under  a deferred payment plan of any
  amounts due for service to a prior account in his name and makes a  down
  payment  based  on criteria to be established by the commission. No such
  down payment shall exceed one-half of any money due  from  an  applicant
  for  residential  utility  service,  or  three  months  average billing,
  whichever is less; or
    (c) is a recipient of public assistance, supplemental security  income
  or  additional state payments pursuant to the social services law, or is
  an applicant for such assistance, income or payments,  and  the  utility
  corporation or the municipality receives payment from, or is notified of
  the  applicant's eligibility for utility payments by the social services
  official of the social services district in which  such  person  resides
  for  amounts due for service to a prior account in the applicant's name,
  together with guarantee of future payments to the extent  authorized  by
  the social services law.
    2.  In  the  event  a  utility  corporation  or municipality denies an
  applicant's application for service  it  shall  provide  prompt  written
  notice  to  such  applicant  of its reasons for denying service, specify
  what the applicant must do  to  qualify  for  service,  and  advise  the
  applicant  of  his  right  to  investigation and review of the denial of
  service by the department if the applicant considers such denial  to  be
  without  justification. Any such notice denying service shall be sent to
  an applicant within three business days after either a completed oral or
  written application for  service  is  received,  provided  however,  the
  commission may specify a different period for good cause. The commission
  may  also  establish  such additional notice requirements upon a utility
  corporation  or  municipality  as  it  believes  necessary   to   assure
  reasonable notification and protection for applicants.
    3.  Subject  to the requirements of subdivisions four and five of this
  section, whenever a residential customer moves to a new residence within
  the service territory of the same utility corporation  or  municipality,
  he  shall  be  eligible to receive service at the new residence and such
  service shall be considered a continuation of service in  all  respects,
  with any deferred payment agreement honored, and with all rights of such
  customer   and   such  utility  corporation  provided  by  this  article
  unimpaired.
    4. In the case of any application for service to a building  which  is
  not   supplied  with  electricity  or  gas,  a  utility  corporation  or
  municipality shall be obligated to provide service to such  a  building,
  provided however, that the commission may require applicants for service
  to  buildings located in excess of one hundred feet from gas or electric
  transmission lines to pay or  agree  in  writing  to  pay  material  and
  installation  costs  relating to the applicant's proportion of the pipe,
  conduit, duct or wire, or other facilities to be installed.
    5. A utility corporation or municipality shall  institute  service  to
  any  applicant  who  meets  the  requirement  of subdivision one of this
  section, within five business days  after  such  applicant  applies  for
  service,  provided  however,  such requirement shall not apply where the
  institution of service within five business days is prevented by adverse
  weather   conditions,   serious   physical   impediments,   construction

  requirements,   labor   disputes   or  law.  A  utility  corporation  or
  municipality shall initiate service promptly to applicants, and any such
  corporation or municipality which fails to provide timely service to  an
  applicant  as  required  by  this  subdivision  without  good  cause  as
  determined by the commission, shall forfeit and pay  to  such  applicant
  the sum of twenty-five dollars per day for each day that such service is
  not  supplied.  The chairman shall designate such officers and employees
  as he deems necessary to act on complaints relating to applications  for
  service.
    6.  In the event the service sought in applications submitted pursuant
  to this section is comprised of the  provision  of  gas  or  electricity
  commodity  only,  nothing in this section shall require the provision of
  such service to any and all such  applicants;  provided,  however,  that
  nothing  in this subdivision shall prevent or preclude the commission or
  a court from  ordering  the  provision  of  such  service  to  all  such
  applicants  if  such  order  is  authorized  pursuant  to or required to
  implement a provision of law other than this article.