New York § 400 - 400Unclaimed deposits and refunds for utility services

§ 400. 400Unclaimed deposits and refunds for utility services

§ 400. Unclaimed deposits and refunds for utility services. 1. The following unclaimed moneys held or owing by a gas corporation, an electric corporation, a gas and electric corporation, a district steam corporation, an energy services company, a telegraph corporation, a telephone corporation, a telegraph and telephone corporation, or a waterworks corporation, shall be deemed abandoned property: (a) Any deposit made by a consumer or subscriber with such a corporation or ESCO to secure the payment for utility services furnished by such corporation or ESCO, or the amount of such deposit after deducting any sums due to such corporation or ESCO by such consumer or subscriber, together with any interest due thereon, which shall have remained unclaimed by the person or persons appearing to be entitled thereto for two years after the termination of the utility services to secure the payment of which such deposit was made, or, if during such two year period utility services are furnished by such corporation or ESCO to such consumer or subscriber and such deposit is held by such corporation or ESCO to secure payment therefor, for two years after the termination of such utility services. (b) Any amount paid by a consumer or subscriber to such a corporation or ESCO in advance or in anticipation of utility services furnished or to be furnished by such corporation or ESCO which in fact is not furnished, after deducting any sums due to such corporation or ESCO by such consumer or subscriber for utility services in fact furnished, which shall have remained unclaimed by the person or persons appearing to be entitled thereto for two years after the termination of the utility services for which such amount was paid in advance or in anticipation, or, if during such period utility services are furnished by such corporation or ESCO to such consumer or subscriber and such amount is applied to the payment in advance or in anticipation of such utility services, for two years after the termination of such utility services. (c) The amount of any refund of excess or increased rates or charges heretofore or hereafter collected by any such corporation or ESCO for utility services lawfully furnished by such corporation or ESCO which has been or shall hereafter lawfully be ordered refunded to a consumer or other person or persons entitled thereto, together with any interest due thereon, less any lawful deductions, which shall have remained unclaimed by the person or persons entitled thereto for two years from the date it became payable in accordance with the final determination or order providing for such refund. 2. Any such abandoned property held or owing by such a corporation or ESCO to which the right to receive the same is established to the satisfaction of such corporation or ESCO shall cease to be deemed abandoned.