Comment:A utility may not insist upon payment of lawful charges that did not provide the basis for disconnection before restoring service under this subdivision. Similarly, under subparagraph (ii) of this paragraph, a utility may not insist on a downpayment in excess of one half the arrears which formed the basis for the disconnection or three months' billing, whichever is less. In these circumstances, payment of other lawful charges that did not form the basis for disconnection should be part of the installment plan, unless the customer elects to pay such charge immediately.
Comment:Generally, a utility will be deemed to have met its burden where it demonstrates that timely reconnection was precluded by adverse weather conditions, serious physical impediments, health or safety considerations, new construction requirements, labor disputes, inability to obtain access, or legal constraints.
N.Y. Comp. Codes R. & Regs. Tit. 16 § 11.9