N.Y. Comp. Codes R. & Regs. tit. 16, § 141.1
(a) Whenever the charge by any electric corporation or gas and electric corporation for electric service, including the minimum charge, is in any way dependent upon the demand of the customer, such demand shall, after January 1, 1939, be determined by a demand measuring device of a type approved by this commission, whenever the demand billed is 5 kw. or more, or whenever the total rated capacity of the customer's current consuming devices is 8 kw. or more, or whenever the customer's consumption has exceeded 800 kw.h. per month in two consecutive months during the preceding 12 months; provided: