BILL NUMBER: S628A
SPONSOR: COMRIE
 
TITLE OF BILL:
An act to amend the public service law, in relation to complaint handl-
ing procedures by the public service commission
 
PURPOSE:
To ensure that legitimate billing and related complaints made by consum-
ers and other affected entities against utilities are handled in an
effective and timely fashion and a decision rendered.
 
SUMMARY OF SPECIFIC PROVISIONS:
Amends the Public Service Law to provide the following: Improved
complaint handling procedures, including coverage of all complaints,
reporting on such complaints within reasonable and defined time periods,
requirement that all reports be made in writing and provide documenta-
tion; suspend the imposition of late charges during the period of
disputed account charges; defined and definite periods of time for the
PSC's Office of Consumer Services (OCS) to complete investigations and
issue final determinations; penalties on non-complying utilities and due
process rights for complainants.
 
JUSTIFICATION:
This legislation adds the necessary guidance, timelines and teeth to the
existing procedure for resolving all consumer complaints against utili-
ties, which almost always center around disputed billing charges. Even
though New York State Department of Public Service has announced that it
will immediately work with utilities across the state to ensure any
customers affected by COVID-19 will not lose power or heat due to finan-
cial hardship, the reality is that consumer issues with utilities have
existed long before COVID-19 and has only worsened during the pandemic.
By refusing to repay customers as well as failing to even acknowledge
consumer billing complaints, utilities are acting contrary to the
collective public interest at a time when consumers desperately need
financial assistance. Just as utility customers deserve the assurance of
continuity of essential electric and gas service during the coronavirus
pandemic, they also deserve any money that is rightfully owed to them by
the utilities during this time of unprecedented financial hardship
throughout the state. Wrongfully withholding hundreds of millions in
customer money, or simply not responding to consumer complaints within a
reasonable amount of time, adds to the pain of financial hardship
already facing so many New Yorkers. The current process lacks actual and
enforceable timelines, due process, clear evidentiary standards and
penalties for willful non-compliance on the part of utilities.
The absence of any clear guideposts on procedure and lack of conse-
quences for flouting compliance make this legislation necessary, as in
practice, large utilities simply ignore the legitimate complaints of
consumers and other smaller, vulnerable entities such as small busi-
nesses and nonprofits.
 
PRIOR LEGISLATIVE HISTORY:
2022: S2744- energy and telecom
2019-2020 - A.10682 - referred to corporations, authorities and commis-
sions / S.8301 - REFERRED TO ENERGY AND TELECOMMUNICATIONS
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law. Effective immediately, the addition, amendment, and/or
repeal of any rules and regulations necessary to implement the
provisions of this act on its effective date are authorized and directed
to be completed on or before such effective date.