Requires the public service commission to conduct a review within fifteen days when a residential customer of a public utility company alleges that the public utility company has overcharged the customer for service and to refund the overcharge within thirty days; provides for penalties; requires the public service commission to promulgate rules and regulations.
STATE OF NEW YORK
________________________________________________________________________
4980
2023-2024 Regular Sessions
IN ASSEMBLY
February 27, 2023
___________
Introduced by M. of A. BEEPHAN -- read once and referred to the Commit-
tee on Corporations, Authorities and Commissions
AN ACT to amend the public service law, in relation to refunds by public
utility companies to overcharged customers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 23 of the public service law is amended by adding a
2 new subdivision 4 to read as follows:
3 4. (a) Whenever any residential customer of a public utility company,
4 whose rates are subject to the jurisdiction of the commission alleges
5 that the public utility company has overcharged the customer for service
6 provided by or through the public utility company, for any reason,
7 including mistake, negligence or fraud, the commission shall review the
8 accuracy of the alleged over-charge. Such review shall be conducted
9 within fifteen days of receipt of the customer's complaint against the
10 public utility company. If the allegation is determined by the commis-
11 sion to be correct, upon completion of the review, the commission, by
12 order shall require the interested company to send a check or issue a
13 credit to the overcharged customer or customers, on or before a day
14 fixed in the order. The interested company shall issue a credit or a
15 check to the customer based upon the customer's preference. If the
16 company fails to send a check or issue a credit within thirty days, the
17 commission is authorized to impose a fine on the public utility company
18 in an amount to be determined by the commission in accordance with the
19 provisions of section twenty-five of this article.
20 (b) An action under this section shall be commenced in accordance with
21 the provisions of subdivision two of section two hundred thirteen of the
22 civil practice law and rules.
23 (c) The commission shall issue rules and regulations implementing this
24 section.
25 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06328-03-3
