2012 New York Consolidated Laws
PBS - Public Service
Article 2 - (30 - 53) RESIDENTIAL GAS, ELECTRIC AND STEAM UTILITY SERVICE
39 - Meter reading and estimated bills.

 
    § 39. Meter  reading and estimated bills.  1. A utility corporation or
  municipality may, in accordance with such requirements as the commission
  may impose by regulation, render  an  estimated  bill  for  any  billing
  period  if:  (a)  the procedure used by such utility or municipality for
  calculating estimated bills has been approved by the commission, and the
  bill clearly indicates that it is based on an estimated reading and  (b)
  the  utility  owning  the  meter and providing the meter reading data on
  which the estimated bill will be based  or  the  municipality  has  made
  reasonable effort to obtain an actual meter reading or (c) circumstances
  beyond the control of the utility or municipality made an actual reading
  of  the  meter  extremely  difficult  or  (d)  circumstances  indicate a
  reported reading is likely to be erroneous, or (e) an estimated  reading
  is  prescribed  or  authorized  by  the  commission for a billing period
  between periods when actual meter readings are scheduled or for seasonal
  or short term customers.
    2. Where a utility corporation owning the meter  and  supplying  meter
  reading  data  for  a  bill  or a municipality fails to gain access to a
  meter for a period of four months or two billing periods,  whichever  is
  greater,  the  corporation or municipality shall take reasonable actions
  to obtain an actual meter reading. Such additional actions may  include,
  but  not  be limited to: making an appointment with the customer or such
  other person who controls access to the meter for a reading  at  a  time
  other  than  within  normal  business  hours,  offering the customer the
  opportunity to phone in a meter reading, or  providing  a  card  to  the
  customer  on  which  he or she may record the reading and mail it to the
  utility or municipality.
    3. Where a  utility  corporation  or  municipality  has  submitted  an
  estimated  bill or bills to a residential customer, and such estimate or
  estimates significantly understate the actual amount of  money  owed  by
  such  customer,  the customer shall have the right to pay the difference
  between the estimated charges and the actual charges in regular  monthly
  installments over a reasonable period. The commission shall establish by
  regulation  the minimum amount for any such underbilling, and the length
  of any such period; provided, however, that no such  installment  period
  shall be less than three months.