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Submetering Agreement for Electricity in Residential Units in New York State

Strategic Insights

— 1 min read

The New York State Department of Public Service has issued a document outlining the terms and conditions of submetering electricity in residential units. The document is relevant to tenants and submeterers in New York State, particularly those served by Consolidated Edison Company of New York, Inc. (Con Edison) or other local utilities. The agreement highlights the responsibilities of both the tenant and the submeterer in managing electricity costs, payments, and services.

Key Takeaways:

  • Tenants acknowledge the approval of submetering electricity in their residential units, as per Case 20-E-0502, and agree to pay CJ Plaza One LLC (the Submeterer) for electricity usage on a separate submetered charge basis.
  • The Submeterer shall afford tenants all notices and protections available pursuant to the Home Energy Fair Practices Act (HEFPA) before taking any action based on non-payment, including termination of service.
  • The Con Edison Service Classification No. 1 rate for direct metered service will be used to calculate submetered electric bills for individual residents.
  • Tenants have the right to budgeted billing, deferred payment agreements, and special protections if they are age 18 or younger, or 62 or older, blind, or disabled.
  • The Submeterer shall have the right to suspend electric service to the apartment when necessary due to repairs, alterations, replacements, or improvements, and shall not incur liability for any damage or loss sustained by the tenant.
  • Failure to deliver a bill by the Submeterer or its third-party billing company shall not prejudice or impair their right to subsequently deliver the bill.

Statistics:

  • The Con Edison Service Classification No. 1 rate includes a Basic Customer Charge, kWh Cost, Systems Benefit Charge (SBC), and Fuel Adjustment Charge.
  • The formula to calculate electricity charges is: Basic Charge ($YY.YY) + (kWh usage rate x kWh usage)
  • The Submeterer shall maintain meter reading data and billing calculations for 6 years for each unit, as per 16 NYCRR SS 96.6 [j].

Sources:

  • Albany: New York State Department of Public Service; Rider to Lease: Submetering; Consolidated Edison Company of New York, Inc.
  • New York State Public Service Commission (PSC); Home Energy Fair Practices Act (HEFPA);
  • Consolidated Edison Company of New York, Inc. (Con Edison); Con Edison rates and tariffs (www.coned.com); P.S.C. No. 10 - Electricity.

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