Section 35. Reconnection of service  


Latest version.
  • 1. The commission shall by regulation
      establish  reasonable  conditions  under  which  an  electric   or   gas
      corporation or municipality shall be required to take all actions within
      such  corporation  or  municipality's  control  and,  where  applicable,
      consistent with the provision of the agreement for commodity service, if
      any, between the corporation and the customer, provided such  provisions
      are  consistent  with  this  article to reconnect service to residential
      customers. Such  conditions  shall  include,  but  not  be  limited  to,
      requirements  for  reconnection  of  service  within  twenty-four hours,
      unless prevented by circumstances beyond the utility's or municipality's
      control, (a) upon receipt by a corporation or municipality of  the  full
      amount  of  arrears which were the basis for termination of service, (b)
      upon the signing of a deferred payment plan together with a down payment
      based on criteria to be established by the commission, provided that  no
      such  down  payment  shall  exceed  one-half of the amount which was the
      basis of termination, or the amount of three months  billing,  whichever
      is  less, (c) upon the direction of the commission, (d) upon the receipt
      of a commitment of a direct payment or a written  guarantee  of  payment
      from  the  social  services  official of the social services district in
      which the customer resides or (e) where the utility or municipality  has
      notice that a serious impairment to health or safety is likely to result
      if service is not reconnected. With respect to reconnection on the basis
      of  serious  impairment  of health or safety doubts shall be resolved in
      favor of reconnection of service.  The  chairman  shall  designate  such
      officers  and  employees  as  he  deems necessary to act on requests for
      service reconnections.
        2. Where any  utility  corporation  or  municipality  is  required  to
      reconnect  service  within twenty-four hours and fails or neglects to do
      so without good cause as determined by the commission, it shall  forfeit
      and pay to the customer the sum of not less than twenty-five dollars nor
      more  than  fifty dollars per day for each day thereafter, as determined
      by the commission, that such service is not supplied.