TO:	Commissioners, TA/FS Directors, MA Directors, CNS/WMS Coordinators

FROM:	Patricia A. Stevens-Deputy Commissioner, Division of Temporary Assistance

SUBJECT:	Niagara Mohawk’s New Collection Procedures

EFFECTIVE DATE:	Immediately

CONTACT PERSON:	Central Team (TA) at 1-800-343-8859; extension 4-9344
	Eastern Team (FS); extension 3-1469
	Western Team (HEAP); extension 3-0332.

Recent changes made by Niagara Mohawk to their collection procedures have affected the ability of local social services districts in Niagara Mohawk’s service area to meet utility related emergency needs of certain low-income individuals and families. 

These changes result in a district’s inability to make emergency utility payments under Social Services Law 131-s for certain low-income individuals to prevent a shut-off or to restore service.  The other changes include Niagara Mohawk’s deposit requirements for service applicants with no lease or a lease that is less than a year and new positive identification and verification procedures.

OTDA has met with Niagara Mohawk, in the presence of the Department of Public Service (DPS), to express our concerns regarding these changes. We sent a letter to Niagara Mohawk outlining our position regarding Social Services Law 131-s and requesting that the company change its procedures to bring them into compliance with existing law and regulations.  We believe that many of Niagara Mohawk’s new procedures do not conform to Social Services Law 131-s, as well as DPS law and regulations. Currently, this situation remains unresolved and we continue to work with the DPS to reach a satisfactory resolution.

As an interim solution, those impacted districts should advise Niagara Mohawk customers and applicants for service for whom the district is unable to meet emergency energy related needs, to file a formal complaint with the Public Service Commission by contacting the complaint line 1-800-342-3377 inside New York State, 1-212-290-4171 outside New York State, 1-800-662-1220 TDD system, 518-486-7868 by Fax, or on-line using the electronic form found at http://www.dps.state.ny.us/complaint_form.html.

Districts can also contact Glen Alveranga of the DPS regarding individual cases that need resolution because of Niagara Mohawk’s new procedures.  Mr. Alveranga’s telephone number is (518)-474-8251.  Mr. Alveranga has offered his assistance as a courtesy for district use only.  His telephone number should not be given to individual customers.  Customers of Niagara Mohawk, or those applying for service, must file a complaint using one of the methods listed above.

We remind districts that there is no authority to pay utility deposits. Although districts may be temporarily unable to meet the immediate/emergency energy needs for some who are faced with a utility disconnection or threatened disconnection by using the provisions of SSL 131-s, districts are still obligated to offer other solutions that may meet the emergency need (e.g., alternative housing) if no relief is granted through the complaint process.