(b) During the period beginning November 1 of each year and ending April 15 of the following year, each electric corporation shall observe, at a minimum, the following procedures with respect to residential customers whose electric service is necessary to heat the premises or operate a heating system (as used in this section, the term customer means a residential customer whose electric service is necessary to heat the premises or operate a heating system and includes all customers residing in dwellings not included under section 116 of the Public Service Law):

1. (1) No such corporation shall terminate service to any customer unless, after service of a final notice of discontinuance, the corporation has attempted to communicate with the customer, or another person, 18 years of age or older, who resides with the customer, at the customer's residence. At a minimum, the attempt at personal contact shall include one visit at the premises by field personnel during normal working hours and, in the event that personal contact is not achieved, one visit by field personnel during reasonable nonbusiness periods (6 p.m.-9 p.m. on weekdays or 9 a.m.-5 p.m. on Saturdays, Sundays and holidays). If communication with the person contacted is not possible because of an apparent language barrier, the corporation shall take steps to assure communication before discontinuance. During the personal contacts, the corporation's representatives shall fully explain the reasons for discontinuance and shall attempt to ascertain whether a serious impairment to human health may result.

2. (2) For the purposes of this Part, a serious impairment to human health is indicated if a customer or other person residing in the premises appears to be seriously impaired and may, because of mental or physical problems, be unable to manage his or her own resources, carry out activities of daily living or protect oneself from neglect or hazardous situations without assistance from others. Indicators of serious impairment to human health include but are not limited to:

   1. (i) age, infirmity or mental incapacitation;
   2. (ii) use of life support systems, such as dialysis machines or iron lungs;
   3. (iii) serious illness;
   4. (iv) physical disability, including blindness and limited mobility; and

   5. (v) any other factual circumstances which indicate severe or hazardous health situations.

      The above criteria are general standards and the corporation's field personnel must be trained to exercise discretion, sound judgment and common sense in ascertaining whether a serious impairment to human health exists. Doubts should be resolved in favor of continued service.

3. (3) No such corporation shall terminate service for nonpayment where a customer or other person residing in the premises exhibits a serious impairment to human health, as described in paragraph (b)(2) of this section, unless:

   1. (i) the corporation notifies the local social services commissioner orally and within five days in writing, on forms prescribed or approved by the commission (Appendix 16 contains the suggested form), that the customer or other person residing in the premises exhibits a serious impairment to human health; and

   2. (ii) the local social services commissioner, after an investigation, informs the corporation that the health-impairing condition does not exist or is not serious, or that an alternative means for protecting the person's health has been devised.

      The corporation may exercise its own discretion with respect to terminating service to the customer in the event it does not receive an oral or written report from the local social services commissioner within 15 business days after the written referral of the matter by the corporation to the commissioner.

4. (4) If such a corporation terminates electric service to a customer because of nonpayment, and the customer or a person 18 years of age or older residing on the premises was not personally contacted by the corporation before termination of service and has not communicated with the corporation for the purpose of requesting reconnection before 12 noon on the day following termination of service, the corporation shall immediately attempt to determine, by onsite inspection, direct personal contact at the premises with the residential customer or other adult person, or other reasonable measures, whether there is continuing occupancy and whether a serious impairment to human health, as described in paragraph (b)(2) of this section, exists. If the corporation determines that a customer or other person residing in the premises faces impairment to his or her health, it shall immediately restore the electric service and the requirements of paragraph (b)(3) of this section shall apply. If the corporation is unable to obtain personal contact with the customer or an adult residing on the premises, and does not have reasonable grounds to believe that the customer has vacated the premises, it shall immediately refer the name and address of the customer to the local commissioner of social services, in accordance with the procedures set forth in paragraph (b)(3) of this section.
5. (5) Each such corporation shall designate an employee who will serve as a liaison with local social services departments.
6. (6) Each such corporation shall file with the commission for its review the procedures to be followed by the corporation's personnel in complying with these special procedures.

(c) If such corporation decides to disconnect electric service to a residential customer because it has established that the meter or service laterals have been tampered with or a theft of service has occurred, it shall attempt to determine, according to the procedures set forth in paragraphs (b)(1) and (2) of this section, whether a serious impairment would result from service disconnection. If such corporation ascertains that a serious impairment to human health would result, it shall observe the procedures set forth in paragraphs (b)(3) and (4) of this section; provided, however, that the requirement of continued service shall not apply in the event it is impractical for such corporation to eliminate any unsafe condition. In any case where a serious impairment is found and the corporation terminates service to preclude the continuation of an unsafe condition, it shall specially notify the local social services commissioner on the same day service is disconnected and request an immediate consideration of the case.

Comment:

If a utility discovers a meter tampering or theft situation and determines that a serious impairment exists, it should continue service, pending DSS review, provided that service can be rendered safely. For example, if a utility discovers that the meter of a “locked account” is advancing, it should, in most circumstances, be able to continue service in a safe manner. In other theft cases, particularly those involving gas service, the need for rendering the condition safe may preclude the continuation of service. For example, if a gas utility discovers unsafe piping, an unsafe meter bypass or substantial damage to the meter, termination may be the best method of eliminating the unsafe condition. If the utility cannot readily repair the unsafe condition or, in the case of a gas company, cannot obtain access to the pilot lights (which would have to be relit), immediate restoration of service would not be practical. The utility should specifically note, in its referrals to DSS, those cases where heat-related service is not restored or continued so that DSS may give immediate attention to them.