PSC No. 1 Water Leaf No. 1 SUEZ WATER WESTCHESTER INC. Revision: 0

Transcription

1 PSC No. 1 Water Leaf No. 1 SUEZ WATER WESTCHESTER INCORPORATED f/k/a/ United Water Westchester Inc. (P.S.C. No. 1 - Water supersedes United Water Westchester Inc.'s P.S.C. No. 2) SCHEDULE FOR WATER SERVICE RULES AND REGULATIONS APPLICABLE IN CITY OF NEW ROCHELLE, VILLAGE OF BRONXVILLE, VILLAGE OF TUCKAHOE, VILLAGE OF PELHAM MANOR, VILLAGE OF PELHAM, VILLAGE OF ARDSLEY, VILLAGE OF DOBBS FERRY, VILLAGE OF HASTINGS-ON-HUDSON, TOWN OF MAMARONECK, TOWN OF GREENBURGH, TOWN OF MOUNT PLEASANT AND TOWN OF EASTCHESTER, VILLAGE OF PORT CHESTER, VILLAGE OF RYE BROOK AND THE CITY OF RYE IN WESTCHESTER COUNTY NEW YORK For detail description of Territory, see General Information Leaf Paragraph 1

2 PSC No. 1 Water Leaf No. 2 TABLE OF CONTENTS SECTION DESCRIPTION LEAF NO. 1 TERRITORY TO WHICH SCHEDULE APPLIES 6 2 RULES AND REGULATIONS GOVERN RENDERING OF SERVICE 7 3 DEFINITIONS 7 4 APPLICATIONS FOR SERVICE FOR NON-RESIDENTIAL CUSTOMER Application for Residential Services B Residential Service Application C Penalty for Residential Customer 13 5 APPLICATION FOR WATER SERVICE FROM FIRE HYDRANTS 13 6 RENEWAL OF WATER SERVICE AFTER DISCONTINUANCE TO NONRESIDENTIAL CUSTOMERS 13 7 CUSTOMER S LIABILITY FOR CHARGES 13 8 DEPOSITS WHEN REQUIRED NONRESIDENTIAL CUSTOMERS 8(a) Deposit Calculation Applicant 14 8(b) Separate Dep. Prospective Applicant 14 8(c) Separate Dep. Surcharge Guarantee 14 8(d) Real Estate Developer or Prospective Owner or Prospective Occupant (a) Deposit Residential Service (b) Deposit Calculation (c) Deposit Review (d) Interest (e) Deposit Return 17 9 STREET SERVICE CONNECTIONS IN PUBLIC AND PRIVATE STREETS 17

3 PSC No. 1 Water Leaf No. 3 TABLE OF CONTENTS SECTION DESCRIPTION LEAF NO. 10 ADVANCE STREET SERVICE CONNECTIONS IN PUBLIC AND PRIVATE STREETS CUSTOMER S SERVICE PIPES PLUMBING WORK MUST BE APPROVED BY COMPANY CROSS CONNECTIONS NOT ALLOWED METER AND METER INSTALLATION MULTIPLE METERS METER TESTS AND TEST FEES Meter Reading and Estimated Bills Residential 21 Accounts 17 PRIVATE FIRE SERVICE CONNECTIONS DISCONTINUANCE OF WATER SERVICE TO RESIDENTIAL AND NON-RESIDENTIAL SERVICE Payment at the Time of Termination of Residential 26 Service 18.2 Termination of Residential Service Final Termination Notice Physical Termination of Service Voluntary Third Party Notice Prior to Discontinuance 30 of Service 18.5 Emergency Disconnection of Service Discontinuance of Residential Service Special Procedures Termination of Residental Service Special 31 through 37 Procedures 18.7 Reconnection of Residential Service 37, Termination of Service to Entire Multiple Dwellings (a) Required Notices (b) Procedures to Avoid Termination of Service (c) Termination of Heat-Related Service to multiple 40 dwellings during cold weather periods

4 PSC No. 1 Water Leaf No. 4 TABLE OF CONTENTS SECTION DESCRIPTION LEAF NO. 19 RESTORATION OF SERVICE CHARGE BILLS FOR WATER SERVICE CONTENTS OF BILLS A Deferred Payment Agreements Residential 43 Customers 21.B Eligibility C Terms of Agreement D Broken Agreements ABATEMENTS AND REFUNDS BOILER AND ENGINE WATER SUPPLY INTERRUPTIONS IN WATER SUPPLY LIABILITY OF COMPANY GENERAL NON-REGISTERING METERS Backbilling for Residential Customers A Explanation for Backbill B Limitations on Issuance of Backbills C Limitations on Backbilling Period 49

5 PSC No. 1 Water Leaf No. 5 TABLE OF CONTENTS SECTION DESCRIPTION LEAF NO. 28 RULES RELATING TO THE INSTALLATION OF MAINS, 49 SERVICES CONNECTIONS AND FACILITIES AND EXTENSIONS 29 EXTENSIONS OF MAINS FOR REAL ESTATE 66 DEVELOPERS 30 DEFERRED PAYMENT AGREEMENT APPLICATION FOR WATER SERVICE 69 through APPLICATION FOR LAWN SPRINKLER SERVICE APPLICATION FOR UNDERGROUND SPRINKLER 88 SERVICE UNDER SERVICE CLASSIFICATION NO APPLICATION FOR EXTENSION OF MAINS FOR REAL 89 ESTATE DEVELOPERS 41.1 WARRANTY OF WATER MAIN EXTENSION 90 APPURTENANCES 42 CROSS CONNECTION CONTROL NOTICE REQUIREMENTS INTEREST ON CUSTOMER OVERPAYMENTS WATER SERVICE RATE SCHEDULES Service Classification 1 95 through 101 Service Classification through 106 Service Classification Service Classification through 109 Miscellaneous Service Charges 110 STATEMENTS Gross Receipt Tax Statement Deferred Excess Per Capita (DEPC) Adjustment Surcharge Statement. Temporary State Assessment Deferred Revenue Statement Revenue, Production Cost and Property Tax Reconciliation Adjustment Clause Statement Long Term Main Renewal Program and Delaware Interconnection Project Final Reconciliation Surcharge Statement Municipal Public Fire Protection Statement GRTS DEPC TSA DRS RRC LTDP MPFP

6 PSC No. 1 Water Leaf No TERRITORY TO WHICH SCHEDULE APPLIES RATE DISTRICT 1 City of New Rochelle Village of Bronxville Village of Tuckahoe Village of Pelham (in part) Village of Ardsley Village of Dobbs Ferry Village of Hastings-on-Hudson Town of Eastchester Town of Mamaroneck (in part) Town of Greenburgh (in part) Town of Mount Pleasant (in part) RATE DISTRICT 2 Village of Port Chester Village of Rye Brook The City of Rye

7 PSC No. 1 Water Leaf No RULES AND REGULATIONS GOVERN RENDERING OF SERVICE (a) The Schedule for Water Service in its entirety as herein set forth, or as it may hereafter be altered or amended in a regular or legal manner, shall govern the rendering of water service including the extension of mains and the making of connections thereto and every Customer, upon signing an application for any service rendered by the Company, or upon taking of water service will be bound thereby. 3. DEFINITIONS: (a) A "Customer" is the party who has made application for water service and has been accepted. (b) (c) The "Company" is SUEZ WATER WESTCHESTER INC., acting through its Officers, Manager or other duly authorized employees or agents. The word "premise" as used herein shall designate: 1. A building under one roof owned or leased by one party and occupied as a residence, or for business or commercial purposes, or 2. A group or combination of buildings owned or leased by one party, occupied by one family, or one corporation or firm, as a place of business, for manufacturing or industrial purposes, or as a hospital or other public institution, or 3. One side of a double house having a solid vertical partition wall, or 4. A building owned or leased by one party containing more than one apartment and having one entrance and using one hall in common, or 5. A building owned or leased by one party having a number of apartments, offices or lofts which are rented to tenants, or 6. A public building such as a town hall, school house, fire engine house, etc., or 7. A single lot or park or playground, or 8. Each house or building in a row having party walls. (d) (e) Service line or lateral: See SECTION 28, 1. (c). Water Main: See SECTION 28, 1. (a)

8 PSC No. 1 Water Leaf No. 8 (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) The term "public street" shall mean the territorial limits of any street, avenue, road or way that is for any highway purpose under the jurisdiction of the legislative body of any city, town, village, county or the State of New York. The term "private street" shall mean the limits of any street, avenue, road or way that is not for any highway purpose under the jurisdiction of the legislative body of any city, town, village, county or the State of New York. An "actual reading" is one obtained by a company employee from the meter or from a device which receives a reading transmitted from the meter itself. "Applicant": See SECTION (f) "Arrears" are charges for which payment has not been made more than 20 calendar days after the payment was due. A payment is considered to be made on the date when it is received by the company or one of its authorized agents. Payment is due whenever specified by the company on its bill, as long as the date is not before the bill is hand-delivered to the customer, or less than three calendar days after the bill is mailed. A "backbill" is any bill or any portion of a bill, other than a levelized bill, which represents charges for service that was actually delivered to the customer's premises during a period before the current billing cycle, which was not previously billed. A "blind person" is a person who has central visual acuity of 20/200 or less in the better eye with the use of a correcting lens. An eye with a limitation in the fields of vision such that the widest diameter of the visual field subtends as angle no greater than 20 degrees, shall be considered as having a central visual acuity of 20/200 or less. A "business day" is any Monday through Friday when a utility's business offices are open. A "cold weather period" is that period of time beginning November 1st of each year and ending April 15th of the following year. "The Commission" is the New York State Public Service Commission. "The Consumer Services Division" is The Office of Consumer Services of the New York State Department of Public Service.

9 PSC No. 1 Water Leaf No. 9 (q) (r) (s) (t) (u) (v) (w) (x) (y) (z) "Current charges" as used in Section dealing with termination of Service To Multiple Dwelling or 2 Family dwellings refers to the amount properly billed to a party responsible for service to a multiple dwelling, or a two-family dwelling, for the billing period covered by the first bill rendered on or after the date the required notice is posted. Current charges do not include any arrears for earlier billing periods. A "deferred payment agreement" or "payment agreement" is a written agreement for the payment of outstanding charges over a specific period of time. A "delinquent customer" is a customer who has made two or more consecutive late payments, as defined in paragraph (v) of this section, within the previous 12 months. A "disabled person" is a person with a physical, mental or medical impairment resulting from anatomical, physiological or neurological conditions which prevents the exercise of a normal bodily function or is demonstrable by medical accepted clinical or laboratory diagnostic techniques, as defined in the Human Rights Act (Executive Law, Section 292 (21)); or a person who is unable because of mental or physical problems to manage his or her own resources or to protect himself or herself from neglect or hazardous situations without the assistance of others. "Heat-related service" is water service which is necessary for the on-going operation of a customer's primary heating system. A "late payment" is any payment made more than 20 calendar days after the date payment was due, in accordance with paragraph (j) of this section. A "multiple dwelling" is a dwelling designed to be occupied by three or more families living independently of each other, as defined in the Multiple Dwelling Law or Multiple Residence Law. A "residential customer" is any person who, in accordance with an application for service made by such person or a third party on his or her behalf, is supplied with water service by a utility at a premises where such service is used primarily for his or her residential purposes. A "seasonal, short-term or temporary customer" is a customer who applies for and/or receives utility service periodically each year, intermittently during the year, or for a period of time up to one year. "Tampered equipment" is any service-related equipment that has been subjected to unauthorized interference that has changes or inhibited the accurate measurement of water consumption or that has been connected without authorization after a utility has physically disconnected service.

10 PSC No. 1 Water Leaf No. 10 (aa) (bb) (cc) A "two-family dwelling" is a building designed to be occupied exclusively by two families living independently of each other, where water service is not billed separately for each unit. A "utility" is any waterworks corporation, as defined in section 2 of the Public Service Law, having annual gross revenues in excess of two hundred fifty thousand dollars. "Utility deficiency" is: (i) any action or inaction by the utility or one of its authorized agents that does not substantially conform to the rules and regulations of the Title 16 NYCRR, the utility's tariff; or (ii) the failure of metering equipment to accurately record service, unless a customer's culpable conduct caused or contributed to such failure. (dd) (ee) An elderly customer is a person who is 62 years of age or older. Non-residential customers include any person, corporation, governmental agency or other entity, who in accordance with an accepted application for service is supplied by the Company with water service under the Company s tariff and who is not a residential customer. 4. APPLICATIONS FOR SERVICE FOR NONRESIDENTIAL CUSTOMERS (a) (b) All applications for service including water service, private fire service, main extensions and connections to mains shall be made in writing by the owner or occupant of the premises to be serviced on forms provided by the Company. Any change in the identity of the contracting customer at a premise will require a new application and the Company may, after reasonable notice, discontinue the water service until such new application has been made and accepted APPLICATION FOR RESIDENTIAL SERVICE (a) The Company will provide service to any applicant who meets the requirements as soon as reasonably possible, within five business days after receipt of an accepted oral or written application for service; or such later time as may be specified by the applicant, except; where prevented by labor strikes or other work stoppages; where precluded by consideration of public safety; where precluded by physical impediments including: adverse weather conditions; inability to gain access to premises;

11 PSC No. 1 Water Leaf No. 11 incomplete construction of necessary facilities by the applicant or inspection and certification of such facilities by the appropriate authorities; incomplete construction of necessary facilities by the Company. The Company will make reasonable efforts to eliminate or correct conditions over which it has control that prevent extensions of service and must attempt to complete construction of any necessary facilities with due diligence. As a prerequisite to accepting a party as a residential customer and providing service, the Company may require the party to: make full payments or enter into a deferred payment agreement for all amounts due and payable which are not either the subject of a pending billing dispute or covered by an existing payment agreement, including: residential service provided and billed to prior accounts in the applicant's name or for which the applicant is legally responsible for other billed tariff fees, charges or penalties; a deposit, if requested by the Company, as long as such deposit is in accordance with the deposit section; fulfill any applicable requirements of Parts 501 and 502 of Title 16 of NYCRR regarding main extensions and service pipes; and comply with the Company's tariff, and any applicable state, city or local laws, ordinances or regulations. The Company must provide service to any accepted applicant whose application for service was previously denied, unless prevented by those circumstances listed in Section A. Extension of Service; as soon as reasonable possible, but no later than two business days after the requirements stated in this Section are met or such later time as may be specified by the applicant; or within 24 hours, if required by the Commission or its designee. A customer moving within the service territory of the Company and requesting service within 60calendar days of the closing of the customer's prior account is eligible to receive service at the new location, in accordance with this section and such service must be considered a continuation of services in all respects, with any existing payment or agreement honored; provided, however, that such customers prior service had not been terminated for non-payment at the time of the request. The Company must supply the customer with service when the Commission or its authorized designee directs the provision of service.

12 PSC No. 1 Water Leaf No B RESIDENTIAL SERVICE APPLICATIONS The Company may require an applicant to complete a written application for service only if: there are arrears at the premises to be served and/or service to the preceding customer at the premises to be served was terminated for non-payment within the prior 12 months or the current account is subject to a final notice of termination; there is evidence that service has been supplied through tampered equipment; the meter has recorded usage during a period within the previous 12 months when there was no customer; or the application is made by a third party on behalf of the party who would receive service. If a written application is not required as a prerequisite to providing service, an oral application for service will be considered complete when the applicant provides his or her name, address, and, if the applicant has a prior account, either the address or account number, and answers questions relevant to identifying the applicant's use of water on the premises, including whether the service will be used primarily for residential purposes. A written application for service will be considered complete when information has been provided as required along with proof of the applicant's identity and responsibility for the water bills for the premises, through submission of appropriate documents. Where a third party applies for service, the third party must submit proof of his or her identity and a written authorization from the applicant. All submitted documents become part of the application. The Company must make reasonable efforts to contact, either by telephone or in person, any applicant who submits an incomplete application, within one business day of receipt of the application, stating the information and/or documents that must be submitted in order for the application to be considered complete. The Company shall not be obligated to provide short-term service to an applicant who fails to post a lawfully required deposit; or seasonal service to a residential applicant who fails to post a required advance payment. The applicant must make separate applications for each meter or type of service for each residence, apartment, business building or location for which water service is desired. The Company will endeavor to assist an applicant or customer in the selection of the Service Classification which may be most favorable to his requirements, but in no way does the Company make any warranty, express or implied, as to the rates, classifications or provisions favorable to future service to, or future requirements of, any applicant or customer.

13 PSC No. 1 Water Leaf No C PENALTY FOR RESIDENTIAL CUSTOMERS If a utility fails to provide service to an applicant within the time required by this section, the Company must pay to the applicant $25.00 per day for each day or portion of a day that service is not supplied, unless the Commission or its designee determines that the Company had good cause for not providing service within the required time. 5. APPLICATION FOR WATER SERVICE FROM FIRE HYDRANTS: (a) (b) (c) Water for construction or other temporary purposes may be furnished on an application for a meter service connection from a fire hydrant provided such application has first been approved by the Fire Chief or Village Clerk of the municipality. The applicant shall provide a suitable box for the protection of the meter, shall not open or close the hydrant or in any way tamper with the hydrant or meter, and shall promptly notify the Company when the service is to be discontinued. A charge of $50.00 per day shall be made for the use of the meter connection. In all cases where water is to be used for construction or other temporary purposes the applicant shall, in addition to paying any established charge for such connection, make a cash deposit with the Company in the amount of $ to cover any damage that may be done to the hydrant, meter or any applicant with interest upon the satisfactory discontinuance or service. The Company may also require an additional deposit to guarantee the payment of the charges for water service. 6. RENEWAL OF WATER SERVICE AFTER DISCONTINUANCE TO NON-RESIDENTIAL CUSTOMERS (a) When water service to a Customer has been terminated for any reason other than temporary vacancy of the premise it will be renewed only after the conditions, circumstances or practices which cause the water service to be discontinued are corrected to the satisfaction of the Company, and upon payment of all charges due and payable by the Customer in accordance with the Schedule for Water Service. 7. CUSTOMER'S LIABILITY FOR CHARGES: (a) A Customer who has made application for water service to a premise shall be held liable for all water service furnished to such premise until such time as the Customer properly notifies the Company in writing to discontinue the service for his account.

14 PSC No. 1 Water Leaf No. 14 (b) "A Customer shall be held liable for all non-sufficient funds charges made against the Company which were caused by the Customer as a result of dishonored negotiable instruments given to the Company for payment of service rendered. A charge stipulated in the Miscellaneous Service Charges leaf of this tariff, per instrument will be made to the Customer payable to the Company for all dishonored negotiable instruments." 8. DEPOSITS - WHEN REQUIRED FOR NONRESIDENTIAL CUSTOMERS (a) The Company may require a deposit at any time equal to the estimated charge for two months' service at the rates provided for in the appropriate rate schedule from Applicant whose credit is not established with the Company, or from Customers who are delinquent in payment of bills. Any bills remaining unpaid after 20 days from the date rendered is considered delinquent. The Company shall allow to each such depositor simple interest at the rate per annum presently prescribed by the Public Service Commission of the State of New York on the amount deposited. Interest on such amount shall be credited to each depositor whose deposit shall have been held for two years by paying such interest in cash or by deducting it from the bill for service. A Customer will be considered to have established credit with the Company when no bill has been delinquent for two years, at the end of which period the deposit will be returned with interest upon surrendering his deposit certificate (or submitting satisfactory proof of the right to receive the deposit) and upon payment of all bills for which such deposit is security. The Company may require a deposit thereafter in the event of delinquency. A deposit shall not affect the right of the Company to discontinue service to a Customer. In the event an Applicant desires service for a trailer or other non-permanent structure, he shall deposit with the Company all costs of the connection of such service. Said deposit shall bear simple interest at the rate presently prescribed by the Public Service Commission, and shall be refunded at the end of 10 years, or sooner in the event that a permanent structure for service connection is completed. (b) (c) A separate deposit will be required from Real Estate Developers and prospective owners and prospective occupants of any property abutting on a public street (Section 3 paragraph (f) and Section 28). An interest rate per annum as prescribed by the Commission will be paid on such deposit. Terms of refund will be found under paragraph (a) of this Section. A separate deposit may be required to guarantee payment of the surcharge in connection with main extensions where the surcharge is applicable (Section 28). An interest rate per annum as prescribed by the Commission, will be paid on such deposit, less refunds made when new Customers take service from the extension.

15 PSC No. 1 Water Leaf No. 15 (d) Real Estate Developer or Prospective Owner or Prospective Occupant A person shall be deemed to be a prospective owner where title to the property has not passed to him or where in event of a contract to purchase, less than ten percent (10%) of the purchase price has been paid by Applicant prior to the date of application for service, except that a person qualifying under the Administrative Rules and Regulations under Section 203 and 222 of the National Housing Act, or under Title III of the Serviceman's Readjustment Act of 1944, as amended, shall be deemed to be an owner upon the signing of a contract for purchase within the provisions of said Act. A person shall be deemed to be a prospective occupant unless occupancy is had under the terms of a lease for the period of one year or longer. When application for water service is made by a real estate developer, a prospective owner or a prospective occupant of any property abutting on a street as defined in Section VIII hereof, said real estate developer, prospective owner or prospective occupant shall agree to guarantee payment to the Company of a minimum charge, for a period of one (1) year from the date the water service is made available for use at the premises regardless of whether or not such service is activated. As a guarantee of such payment, the Company will require the developer, prospective owner or prospective occupant to make a deposit in the amount of the annual minimum charge under the applicable service classification. Deposits will be refunded in a single payment after one (1) year from the date water service is made available, after deducting unpaid water bills. An interest rate per annum as prescribed by the Commission will be paid on such deposits. 8.1 DEPOSIT FOR RESIDENTIAL SERVICE (a) The Company may require the payment of a security deposit from: a seasonal, short-term or temporary customer(s); a delinquent Customer, as long as at least 20 calendar days before its request for a deposit, the Company provides the Customer with written notice that the failure to make a specified payment before a specified date may result in a request for a deposit and states how the deposit would be calculated; or a Customer whose service was terminated for nonpayment during the preceding six months. The Company may not require a deposit from: a Customer or Applicant who is known to the Company as a recipient of public assistance, supplemental security income benefits or additional state payments; or

16 PSC No. 1 Water Leaf No. 16 a Customer or Applicant who is known to the Company as an elderly, blind or disabled person, unless that Customer's service was terminated for nonpayment within the preceding six months. If a deposit is authorized by this section, the Company must offer a Customer, except for a seasonal, short-term or temporary Customer, the opportunity to pay the deposit in installments, considering the Customer's financial circumstances in a manner consistent with the deferred payment agreement. (b) Deposit Calculation The amount of deposit must not be more than the cost of twice the Customer's average monthly usage, except in the case of Customers whose usage varies widely, where the deposit must not be more than the cost of twice the average monthly usage for the peak season. The amount of the deposit must be based on service used during the previous 12- month period, as shown by any relevant billing history, and any relevant information concerning expected use. (c) Deposit Review The Company must, at least annually, review the billing history of every Customer who has a deposit with the Company to assure that a deposit may still be required and that the amount of the deposit is not more than the amount allowed in the Deposit Calculation. If review shows that the deposit held falls short of the amount that the Company may lawfully require by 25 percent or more, the Company may require the payment of an additional deposit amount from the Customer. If a review shows that the deposit held exceeds the amount that the Company may lawfully require by 25 percent or more, the Company must return the excess deposit to the Customer under Section E, Deposit Return. If a request of a Customer for a downward revision of the deposit is substantiated by the Customer's billing history, the Company must return any portion of the deposit that is more than the amount the Company may lawfully require, under Section E, Deposit Return..

17 PSC No. 1 Water Leaf No. 17 (d) Interest Every deposit earns interest at a rate set annually by the Commission based on the current economic conditions and current charges paid for money borrowed by the Company, taking into account the expenses incurred by the Company in obtaining, handling, returning or crediting the sum deposited. The interest must be paid to the Customer when the deposit is returned, in accordance with Deposit Return Section. If the deposit has been held for 12 consecutive months or more, the interest must be credited to the Customer no later than the first bill rendered after the next succeeding first day of October and at the end of each succeeding 12-month period. (e) Deposit Return The Company must return a deposit or portion of a deposit plus the applicable interest as soon as reasonably possible, but no more than 30 calendar days after the date of the first bill for service rendered after a 12 month period during which time the Customer was not delinquent. 9. STREET SERVICE CONNECTIONS IN PUBLIC AND PRIVATE STREETS: (a) (b) (c) (d) (e) All applications for new street service connections or the replacement of existing street service connections in public or private streets shall be made on application forms provided by the Company. The size of the street service connection shall be determined by the Company on the basis of information given on the application of the Customer. The minimum size for any street service hereafter installed shall however be three-quarter (3/4) inch with not less than a three-quarter (3/4) inch tap in the main. Where immediate service is required, the street service connection from the main to the property line, including the curb cock and curb box, shall be furnished and installed at the expense of the Company. The Company will not be required to replace any existing street service connection with larger pipe unless the Customer has previously laid a pipe of a size adequate to care for the service demanded from the property line to the premises. All street service connections shall be laid to provide a minimum cover of four (4) feet, but if the main to which the connection is made has a cover of more than four (4) feet then the street service connection shall be laid to have a cover equal to the cover of the main, provided that such cover need not exceed five (5) feet. Taps in all mains having a cover of less than five (5) feet shall be made on the side of the main.

18 PSC No. 1 Water Leaf No. 18 (f) (g) The curb box shall be set on a level with the finished grade of the ground or sidewalk and as near to the property line as practical. Maintenance, including thawing of the street service connection, will be performed by the Company at its expense and risk. 10. ADVANCE STREET SERVICE CONNECTIONS IN PUBLIC AND PRIVATE STREETS: *** (a) Whenever an owner or occupant wishes the Company to install in a public or private street a street service connection through which service is not immediately desired, he shall make application for such advance connection on a form provided by the Company for such purpose. *** SUPERSEDED: See Section 28, 11. *** (b) (c) The Customer making such application shall pay in advance to the Company the estimated cost of the complete installation of such street connection, and when the installation is completed if the actual cost is less than the estimated, the Company shall refund to the Customer the difference between the actual cost and the amount deposited, or if the actual cost is greater than the amount deposited the Customer shall pay to the Company such difference. Whenever regular water service is begun through such connection the Company shall refund the entire cost of such street service connection less depreciation at the rate of five percent (5%) per annum for the period such street service connection has been in the ground. 11. CUSTOMER'S SERVICE PIPES: (a) (b) The Customer's service pipe between the property line and the structures on the premises to be supplied shall be furnished and installed by the Customer at his expense and risk. The pipe shall be of a size not smaller than the street service pipe and the minimum size shall be three-quarter (3/4) inch. The pipe shall be an ample strength to withstand the water pressures at the point where located and may be of red brass, copper, or such other kind of pipe as will conform to the reasonable requirements of the Company in furnishing adequate and safe service. All Customer's service pipes hereafter shall be laid to provide a cover equal to that of the street service connection but in no case shall the cover be less than four feet. The service pipe shall be placed on firm and continuous earth so as to give unyielding and permanent support, and shall be installed in a trench at least two feet in a horizontal direction from any other trench wherein are laid gas pipe, sewer pipe or other facilities, public or private, unless otherwise specifically authorized and approved by the Company.

19 PSC No. 1 Water Leaf No. 19 (c) (d) (e) (f) (g) (h) The Customer shall make all changes in his portion of the service pipe required on account of changes of grade, relocation of mains, or other causes. No attachment to the service pipe or any branch therein shall be made between the meter and the street main. Each premise shall be supplied through a separate street service connection curb cock and box. Any repairs or maintenance necessary on the Customer's service pipe or any pipe or fixture in or upon the Customer's premises shall be performed by the Customer at his expense and risk. The Customer shall notify the Company promptly of any leak, defect or damage affecting the service pipe between the property line and the point where metered. The Customer shall install a valve of a type approved by the Company on his service pipe immediately adjacent to the house side of the meter, and so located to be readily accessible to the occupants. 12. PLUMBING WORK MUST BE APPROVED BY COMPANY: (a) All plumbing work done on Customer's service pipes between the property line and the meter shall be submitted for the inspection of the Company, and no underground work shall be covered up until inspected and approved by the Company. 13. CROSS CONNECTIONS NOT ALLOWED: (a) No pipe or fixtures connected with the mains of the Company shall also be connected with pipes or fixtures supplied with water from any other source, unless specifically approved by the Department of Health of the State of New York. 14. METER AND METER INSTALLATIONS: (a) (b) (c) The Company shall have the right to determine the type and size of meter to be installed. Meters will be furnished, installed and removed by the Company and shall remain its property. The Customer shall provide at his expense a readily accessible and protected location for the installation of a meter at such a point as will control the entire supply to the premise, which location must be acceptable to the Company as most convenient for its service.

20 PSC No. 1 Water Leaf No. 20 (d) When the Company requires that meters shall be installed outside of a building on customer s or private property, the meter shall be placed in a convenient meter pit, vault, or suitable and approved above ground heated meter structure, any and all of which are often referred to as the meter housing. The meter housing shall be located in an accessible place away from the terraces, fences, paved areas, other structures or any location which would create a hazard to vehicles, pedestrians or Company personnel accessing the meters. The meter housing shall be frost-proof and either well drained or watertight and shall be provided with a strong cover fastened with a convenient locking device. The cover shall be kept clear of snow, ice, dirt or any other objects which might prevent easy access for reading, inspecting, testing, changing and making necessary adjustments or repairs of the meter. The installation of the meter housing is subject to the approval of the Company. The cost of installing and maintaining the meter housing is the responsibility of the Customer. When there is evidence of tampering or theft of service associated with a Customer s indoor meter, the Company reserves the right to require that Customer relocate their indoor meter to an outdoor meter housing at the Customer s cost and in accordance with the provisions of this Tariff. The Customer shall provide a place acceptable to the Company for the location of the meter and any automatic meter reading equipment. The Company reserves the right to establish the location of the meter which shall be accessible to the Company and subject to its control. The location of meters and the arrangement of the fittings and piping are subject to the inspection and approval of the Company and shall meet the Company s requirements presented herein. Neither by inspection approval nor failure to approve, nor in any other way, does the Company give any guarantee, or assume any responsibility, expressed or implied, as to the adequacy, safety or characteristics of any structures, equipment, pipes, appliances or devices owned, installed or maintained by the customer or leased by the customer from third parties. (e) (f) (g) Each premise shall be supplied through a separate meter or meters. Meter will be maintained by the Company at its expense insofar as ordinary wear is concerned, but damage due to hot water, freezing, or other external causes arising out of or caused by the Customer's negligence or carelessness shall be paid for by the Customer. The Customer shall promptly notify the Company of any defect in or damage to the meter or its connection.

21 PSC No. 1 Water Leaf No. 21 (h) If a premise is to remain unoccupied for an indefinite period, it is the customer s responsibility to drain the interior plumbing to avoid damage to pipes and fixtures. When requested, the Company will suspend service to unoccupied premises temporarily by shutting off the water at the curb and removing the meter. The charge for resetting the meter when service is restored to the customer who made the request is specified on Leaf 110 Miscellaneous Service Charges. There is no charge for resetting the meter for new customers. 15. MULTIPLE METERS: (a) (b) When a premise is supplied by a battery of meters the registration of such meters shall be combined and the minimum charge for the largest sized meter only shall be applied. Where a premise is supplied through more than one service at the request of the Customer, then each meter shall be treated separately, the registration shall not be combined, and the proper minimum charge applied to each meter. 16. METER TESTS: The Company tests meters periodically in accordance with the current rules of the Public Service Commission. In the case of a disputed account involving the accuracy of a meter, such meter will be tested by the Company upon the request of the Customer. There will be no charge for testing of the meter. However, all subsequent meter tests performed within one year of the free meter test will be subject to the charge stipulated in the Miscellaneous Service Charges Leaf of this tariff. The meter test requested by the customer may be witnessed by the Customer or his duly authorized representative. In the event that the meter is found to over-register in excess of 4% at any flow within the normal test flow limits, the fee advance for testing will be refunded to the Customer, otherwise, it will be retained by the Company. Adjustments in bills for over-registration of the meter will be made in accordance with the current rules of the Public Service Commission METER READING AND ESTIMATED BILLS - RESIDENTIAL ACCOUNTS The Company's authorized agents or employees shall, at all reasonable times have access to its equipment on the Customer's premises for reading, inspecting, testing, repairing or removing its equipment. An attempt to obtain a reading from either the meter or from automatic meter reading equipment requires that a meter reader follow routing reading procedures.

22 PSC No. 1 Water Leaf No. 22 Unless a Customer does not have access to the meter or the Customer will be unable to obtain a reliable reading, the company must, at the time of any unsuccessful attempt to obtain an actual reading, leave at the premises or mail the Customer, a meter reading card. When the Company is unable to obtain actual meter readings, it may render an estimated bill. The estimated bill will be calculated in accordance with an established formula which takes into account the best available data for estimating the Customer's usage. If, after bills are estimated for a period of two consecutive meter reads, the Company is unable to obtain an actual meter reading, no access notices shall be provided at the next billing cycle to the individual who controls access to the meter. In cases where the access controller is not the Customer, a copy of the notice must be sent to the Customer. A no-access charge of $25.00 will be added to the third and each successive notice. The Company at its discretion may suspend temporarily the issuance of the no-access charge if a legitimate reason is given. 17. PRIVATE FIRE SERVICE CONNECTIONS: (a) (b) (c) (d) All application for private fire service connections shall be made in writing on application forms provided by the Company. The size of the private fire service connection shall be determined by the Company and in no case shall exceed ten (10) inches. The entire private fire service system shall be subject to the inspection, test and approval of the Company before the service is made effective. The Company shall have the right to enter the premises at any reasonable time for the purpose of making an inspection of the entire private fire service system. Any irregularities disclosed shall be cause for discontinuing service unless corrected by the Customer within ten days after written notice is given by the Company. When the Customer requests that his general service be taken through the same line that provides private fire service, the Company may permit such joint use of its service line provided that the Customer's pipe for general service be connected to the private fire service line at a point between the main and any outlets or fixtures to be attached to such private fire service line. Such dual use of the Company's service line shall be subject to the approval of the proper fire insurance inspection bureau. The Company requires that the connection for general service shall be made at the property line, and a shut-off valve will be installed as close as practical to that connection. A separate valved connection for fire service shall be installed by the Customer from the property line to the building for fire service. This will allow the Company to shut off individually either one of these lines. The connection for general service shall be of a size to be approved by the Company and also subject to the approval of the proper fire insurance inspection bureau.

23 PSC No. 1 Water Leaf No. 23 The connection for general service shall also be made at a location where a meter can be installed by the Company. If such a connection is not made inside the building the customer shall provide suitable meter box or vault of a type and size to be approved by the Company, the meter in all instances to be set at a location where it will measure all the water used through the general service connection. The entire cost of making that part of such general service connection and the private fire service connection that is located on private property shall be borne by the Customer. Should service be discontinued by the Company for the non-payment of any bill or the violation of any rule, irrespective of whether such bill or such violation relates to the general service or to the private fire service, water shall be turned off at the connection in the street and shall not be turned on again until any delinquent bills have been paid and any irregularities have been satisfactorily adjusted and the turnon charge as specified in Section 19 has been paid. (e) (f) (g) (h) (i) No water shall be taken or used through a private fire service connection for any purpose other than for extinguishing accidental fires, except for the purpose of testing fire fighting equipment, or as specified under paragraph (d). Such tests as mentioned above may be made only under special permit from the Company and the Company may require that its representative be present at such test. Hydrants and other fixtures connected with a private fire service connection may be sealed by the Company and such seals shall be broken only in case of fire or as specially permitted by the Company and the customer must immediately notify the Company of the breaking of such seal. Maintenance of the private fire service connection located within the street will be performed by the Company at its expense and risk. The Company shall not in any way or under any circumstances be held liable or responsible to any party for any losses or damage resulting from fire or water or other agency which may occur due to the installation or presence of a private fire service connection or any pipe or fixture connected therewith; or for any losses or damage resulting from any leakage or other flow of water from said private fire service connection or any of the pipes or fixtures connected therewith; or for any losses or damage resulting from any excess or deficiency in pressure or supply of water due to any cause whatsoever. A detector check valve with by-pass shall be furnished and installed by the Customer just inside the building wall or other convenient location on the Customer's premise between any unmetered outlet connection and any general service connection.

24 PSC No. 1 Water Leaf No. 24 (j) IN PUBLIC AND PRIVATE STREETS: (1) The private fire service connection from the main to the property line, including all necessary valves, shall be furnished and installed at the expense of the Company. 18. DISCONTINUANCE OF WATER SERVICE TO NONRESIDENTIAL SERVICE (a) Service rendered under any application, contract or agreement, may be discontinued by the Company after reasonable notice for any of the following reasons: (1) For willful or indifference waste of water due to any cause. (2) For failure to protect from damage the meter and connection, or for failure to protect and maintain the service pipe or fixtures on the property of the Customer in a condition satisfactory to the Company. (3) For tampering with any meter, connections, service pipe, curb cock, seal or any other appliance of the Company controlling or regulating the Customer's water supply. (4) For failure to provide the Company's employees free and reasonable access during normal business hours to the premises supplied, or for obstructing the way of ingress to the meter or any other appliance controlling or regulating the Customer's water supply. (5) For non-payment of any account for water supplied, for water service, for meter maintenance, or for any fee or charge accruing under the contract. (6) In case of vacancy of the premises. (7) For violation of any rule or regulation of the Company as filed with the Public Service Commission. (b) (c) Written notice of discontinuance of service will be given except in those instances where a public health hazard exists. No discontinuance of the supply of water for non-payment of bills rendered for service or failure to post a required deposit will be made until either: (1) At least fifteen days after written notice has been service personally upon the proper person or persons as hereinafter defined. (2) At least eighteen days after mailing written notice in post-paid wrapper to the address of such person or persons, or.

25 PSC No. 1 Water Leaf No. 25 (3) At least fifteen days after the proper person or persons has either signed for or refused a registered letter mailed to the address of such proper person or persons. (4) The term "Proper Person" means (1) either the owner of the premises where service is rendered, or in lieu thereof, the person, firm or corporation to whom or which the last preceding bill has been rendered and from whom or which the Company has received payment therefore, and from whom or which the Company has received payment therefore, and (2) the superintendent or other person in charge of the building or premises where service is rendered, if it can be readily ascertained that there is such superintendent or other person in charge. (5) The term "address of such proper person or persons" as that term relates to the persons indicated in subsections 2 and 3 of Section c, means the address where service is rendered, except that is the proper person has specified to the Company an alternate address for billing purposes, such term shall refer to such alternate address. (d) The Company shall take reasonable steps to establish procedures to insure that any payments made in response to notices of discontinuance, when the Customer brings the fact that such a notice has been issued to the attention of the Company or its collection Agents, shall either; (1) Be posted to the Customer's account on the day payment is received, or; (2) Be processed in some manner so that discontinuance will not occur. (e) (f) (g) The Company shall not discontinue service to any person for non-payment of bills or for failure to post a required deposit on a Friday, Saturday, Sunday, Public Holiday, or Day on which the main business office of the Company is not open for business. Public Holiday shall refer to those holidays enumerated in the General Construction Law. Receipt of a subsequently dishonored negotiable instrument in response to a notice of discontinuance shall not constitute payment of the Customer's account, and the Company shall not be required to issue additional notice prior to discontinuance. Upon the discontinuance of service, as herein provided for, the Company shall promptly refund to the Customer the prorated amount of every advance payment for any service after said discontinuance said refund to be based upon the relation of the period for which said advance payment was made, after deducting the proper charge for any water consumed.

26 PSC No. 1 Water Leaf No. 26 (h) (i) The water service will be discontinued to any premise on account of temporary vacancy upon written request of the Customer, without in any way affecting the agreement in force, and upon payment of all charges and fees dues as provided for in the Schedule for water service. Discontinuing the supply of water to a premise for any reason shall not prevent the Company from pursuing any lawful remedy by action at law or otherwise for the collection of moneys due from the Customer PAYMENT AT THE TIME OF TERMINATION OF RESIDENTIAL SERVICE (1) If a Customer claims, at the time that termination for nonpayment is to take place, that payment has already been made and produces a written business record of payment, or claims that there is a complaint pending before the Company or the Commission with regard to the charges demanded, the Company's field representative must make a reasonable effort to verify this information with a Company office representative and must not terminate service for nonpayment of any verified disputed amount. (2) At the time of termination, if payment of the full amount that forms the basis for a scheduled termination is offered, or if a Customer agrees to sign a payment agreement in accordance with the deferred payment agreement section and offers payment of any required downpayment, the utility representative must not terminate service. The utility representative may either accept payment or allow the Customer an extension of time of not less than one business day to go to a business office to make a payment or arrange for payment. However, if the Customer fails to make payment or arrange for payment within the specified time, the Company may terminate service without further notice. (3) If a Customer has, within the last 12 months paid for service with a check that was dishonored, the Company has the right to accept only cash, certified check, or money order as payment from that customer under paragraph (2) of this subdivision. (4) Whenever payment is made at the time of termination, the Company's field representative must provide the Customer with a receipt showing the date, the account number, the amount received, the form of payment and either the name or identification number of the utility representative TERMINATION OF RESIDENTIAL SERVICE (1) Water Service may be discontinued by the Company for any one of the following reasons as stated in 16 NYCRR Section 14.4, provided advance final notice has been given to include:

27 PSC No. 1 Water Leaf No. 27 a. Failing to pay any tariff charges that reflect service used during the preceding 12 months, for which a written bill has been given. b. Failing to pay any tariff charges that reflect service used before the preceding 12 months, for which a written bill has been sent, when any of the following occurs: 1. There was a billing dispute during the preceding 12 months. 2. There was an excusable Company delay. 3. The Customer's culpable conduct caused, or contributed to the delay in billing. 4. The changes are necessary to adjust estimated bills. c. Failing to pay amounts due under a payment agreement. d. Failing to pay, or agree in writing to pay, equipment and installation charges relating to the initiation of service. e. Failing to pay a required deposit. f. When there is no Customer and service is being provided through tampered equipment. g. When there is no Customer and the Company has provided advance written notice to the occupant, either by posting or mailing days before disconnection stating: 1) The Company intends to disconnect service unless the responsible party applies for service and is accepted as a Customer. 2) The location of the nearest Company business office where the application can be made. h. Willful or indifferent waste of water. (2) The Company will not terminate service for non-payment of bills to any person it knows to be receiving public assistance, if payment for such service is to be made directly to the Company by the Department of Social Services or the Local Social Services official.

28 PSC No. 1 Water Leaf No FINAL TERMINATION NOTICE (a) A final termination notice must state: i. the earliest date termination may occur; ii. iii. iv. the reasons for termination, including the total amount the customer must pay, and how termination may be avoided; that Company procedures are available for considering complaints before termination, including the address and telephone number of the appropriate Company office; that Commission procedures are available for considering customer complaints when a customer is not satisfied with the Company s handling of the complaint, including the address and telephone number of the appropriate Commission office; v. a summary of the protections available under this tariff, and a notice that any customer eligible for such protections should contact the Company; vi. vii. viii. ix. that it is a final termination notice which should be brought directly to the attention of the Company when the bill is paid; that payment of the charges with a check that is subsequently dishonored may result in termination of service without an additional final termination notice, if applicable; that at the time the Company s representative goes to the premises to terminate service, the representative may require any payment made with cash, certified check or money order, if the customer has, within the last 12 months, paid with a check that was dishonored; any charge for reconnection; and that if the customer is a recipient of public assistance, it is possible that assistance may be available from a local social services office.

29 PSC No. 1 Water Leaf No PHYSICAL TERMINATION OF SERVICE 1) The Company will not terminate service until at least: a. 15 calendar days after final termination notice has been given personally to the Customer or b. 18 calendar days after a final termination notice has been mailed to the Customer at the service location or mailed to an alternative address that has been provided by the Customer for mailing purposes. c. If the alternative address has been used, the Company will mail notice of the scheduled termination to the premises where service is rendered 10 calendar days after the final termination notice was mailed. 2) The Company will terminate service only between the hours of 8:00 am and 4:00 pm, on Mondays through Thursdays provided that such day or the following day is not: a. a Public Holiday or day on which the main business office of the Company is not open for business. Public Holiday shall refer to those holidays enumerated in the General Construction law. b. a day the offices of the Public Service Commission are closed. 3) The Company will not terminate service unless: a. it has verified that payment has not been received at any office of the Company or at any office of an authorized collection agent through the end of the notice period required by this tariff; and b. it has verified that on the day termination is scheduled payment has not been posted to the Customer's account as of the opening of business on that day, or has complied with established procedures. 4) The Company will not terminate service more than 60 calendar days after issuance of the final termination notice unless it has updated the original notice to include the current arrears. 5) The Company will not terminate service while a complaint is pending before the Public Service Commission and for 15 calendar days after resolution by the Company or by the Public Service Commission or its designee, for nonpayment of the disputed charges. Nothing prevents the Company from terminating service for nonpayment of undisputed charges. 6) The Company will not terminate service during a two-week period encompassing Christmas Day and New Year's Day.

30 PSC No. 1 Water Leaf No VOLUNTARY THIRD PARTY NOTICE PRIOR TO DISCONTINUANCE OF SERVICE The Company shall permit a residential Customer to designate a third party to receive a copy of every notice regarding termination of service sent to such residential Customer, provided that such party indicates in writing his or her willingness to receive such notice. The Company will promptly notify the residential Customer in writing if the third party refuses or later decides not to accept such notice. The Company will inform the third party that the agreement to receive notices does not mean the third party must pay for the services provided to the Customer EMERGENCY DISCONNECTION OF SERVICE The Company shall have the right to decrease or temporarily discontinue water for business purposes or hose use, without liability, in time of drought or emergency, when the whole supply is needed for domestic use, and to meet the conditions of its contracts with municipal authorities. As necessity may arise in case of breakdown, emergency, or for any other unavoidable cause, the Company may temporarily discontinue the water supply to make necessary repairs, connections etc., using all reasonable and practical measures to notify its Customer of such discontinuance of service and the probable duration of the discontinuance. The Company shall not be responsible for any personal injury or property damage resulting in any way from the supplying or use of water service, or from the presence or operation of the Company's service or equipment on the Customer's premises. The Company will use reasonable diligence to maintain a continuous and uninterrupted supply of water, but should the supply be interrupted, or become faulty, or fail, the Company shall not be liable for any damage to person or failure. In case the Company is obliged to discontinue its service to the Customer's premises by reason of the canceling of temporary or other permit for the extension of its mains, or for other causes, the Customer shall have no claim against the Company on account of such discontinuance. The Company will act promptly to restore service as soon as feasible after disconnection. Residential service will be restored to any premises which has been disconnected under this section, before it will be terminated for nonpayment of charges.

31 PSC No. 1 Water Leaf No DISCONTINUANCE OF RESIDENTIAL SERVICE SPECIAL PROCEDURES Special emergency procedures, required by 16 NYCRR Part 14.5, provide special protections for specified residential Customers regarding the termination and restoration of service in cases involving medical emergencies, the elderly, blind or disabled, and terminations during cold weather periods for premises with heat-related service TERMINATION OF RESIDENTIAL SERVICE - SPECIAL PROCEDURES General (a) (b) (c) This section provides special protections regarding the termination and reconnection of service in cases involving medical emergencies, the elderly, blind or disabled, and heat-related service during the cold weather period. If any communication required by this section is not possible because of an apparent language barrier, the Company must take steps to assure communication before termination. For purpose of this section, when the Company is required to make a diligent effort to contact personally an individual, the Company must, at a minimum: i. attempt to call such person once during normal business hours and if unsuccessful, twice during reasonable non-business hours (6:00 P.M. 9:00 P.M.) on weekdays or (9:00 A.M. 5:00 P.M. on Saturday and Sundays), if there is a telephone; and ii. make an on-site personal visit, if there is no telephone or if telephone contacts are unsuccessful. (d) (e) During any continuation or service under this section, the customer remains responsible for payment of service and must make reasonable efforts to ay charges for such service. In all contacts with customers entitled to the protections under this section, where there remains a threat of termination or termination has already occurred, the Company must notify the customer that the Commission s designees are available for assistance and provide the customer with the Commission s telephone number.

32 PSC No. 1 Water Leaf No Medical Emergencies (a) Company s Obligations The Company must not terminate or refuse to restore service to a residence when a medical emergency exists. A medical emergency exists when a resident of a customer s premises suffers from a serious illness or medical condition that severely affects his or her well-being, as certified by a medical doctor or local board of health in accordance with this subdivision. (b) Written Certification Written certification must: i. be submitted on stationery of a medical doctor or local board of health, and be signed by a medical doctor or an official of the local board of health qualified to make a medical judgment; ii. state the name and address of the certifying medical doctor or local board of health, and the doctor s State registration number; iii. state the name and address of the ill person; and iv. include an affirmation that the absence of water service will aggravate an existing medical emergency at a customer s premises. (c) Procedure for Initial Certification i. Initial certification of a medical emergency may be made either in writing or by telephone by a medical doctor or local board of health. ii. Initial certification is effective for 30 calendar days from the date the Company receives it, as long as written certification is provided to the Company within 5 business days of any certification made by telephone. iii. Certification made only by telephone is effective for 5 business days from the date the Company receives it. iv. Within 5 business days of receipt of written certification the Company must provide the customer with a written notice that must:

33 PSC No. 1 Water Leaf No. 33 a. state that the Company received such certification and that the certification is effective for 30 calendar days; b. advise the customer in detail of the procedures required for renewal of certification under paragraph 21.2 (d) of this Section; including specifically a statement that if the customer does not renew the certification before the 30 day period expires and arrangements for payment are not made, the utility may proceed with termination; and c. be accompanied by a form completed showing assets, income and expenses. (d) Procedure for Renewal of Certification i. If the medical emergency is likely to continue beyond the expiration of any written certification, the certification may be renewed, provided that, before the expiration of the initial certification: a. a medical doctor or official of the local board of health submits a new written certification that also states the expected duration of the medical emergency and explains the reason the absence of service would aggravate the medical emergency; and b. the customer demonstrates an inability to pay charges for service, as documented by a form showing assets, income and expenses. ii. The Company must, within 5 calendar days of submission of the necessary information, determine whether the customer s assets and current income are insufficient to pay charges for service, considering other necessary and reasonable expenses of the customer. iii. If the Company determines that a customer has demonstrated an inability to pay charges for service, it must provide the customer with written notice of determination made under paragraph 21.2 (d) (ii) of this Section and the customer s right to a review of the determination by the Commission s designee. iv. If the Company determines that a customer has demonstrated an inability to pay charges for service and a new written certification has been submitted, the Company must inform the customer that certification has been renewed, and how long it will be in effect.

34 PSC No. 1 Water Leaf No. 34 v. A renewed certification remains in effect for 30 calendar days, provided that in cases certified as chronic by a medical doctor or official of the local board of health, the renewed certification remains in effect for 60 calendar days. In such cases, a customer may request that the Commission s designee approve a longer period for the written certification to remain in effect, and the Commission s designee may approve such longer period, stating specific conditions to be met by the customer (e) Termination of Service The Company may only terminate service to a customer who has submitted a certification of medical emergency after: i. written notice has been provided to the customer of the Company s determination either that the certification of medical emergency is no longer in effect or that the customer is able to pay charges for service; ii. any review of the Company s determination by the Commission s designee has been completed; and iii. the requirements of Section 20 of this tariff have been complied with Customers who are Elderly, Blind or Disabled (a) Company s Obligations The Company must not terminate or refuse to restore service to a customer where the customer and all other remaining residents of the households are known to or identified to the Company to be blind, disabled, 62 years of age or older, or 18 years of age or under, without complying with the procedures in this subdivision. (b) Procedure before Termination of Service i. The Company must make a diligent effort to contact personally an adult resident at the customer s premises at least 72 hours before termination of service to attempt to create a plan that would avoid termination and arrange for payment.

35 PSC No. 1 Water Leaf No. 35 ii. Where efforts at personal contact are unsuccessful or where the Company and a customer are unable to create a plan, the Company must notify the local department of social services of the name and address of the customer and the date of termination so that social services may ascertain if the customer is eligible for any assistance. The Company must continue service for at least 15 business days after providing this notice, unless notified by the local department of social services that other arrangements have been made. (c) Procedure after Termination of Service i. In cases where service has been terminated and the Company is later notified that the customer should have received the protections under this subdivision, the Company must: a. make a diligent effort to contact personally an adult resident at the customer s premises, within 24 hours of such notification, to attempt to create a plan that would restore service and arrange for payment of bills; and b. where efforts at personal contact are unsuccessful or where the Company and the customer are unable to create a plan, notify the local department of social services of the name and address of the customer and the date- of termination so that social services may ascertain if the customer is eligible for any assistance. ii. In cases where the Company has terminated service consistent with the provisions of paragraph 21.3 (b) of this Section, the Company must make a diligent effort to contact personally an adult resident at the customers premises within 10 calendar days after termination, to determine whether alternative arrangements have been made for the provision of service and, if none have been made, attempt to create a plan that would restore service and arrange for payment Special Procedures During Cold Weather Periods for Premises with Heat-Related Service (a) Company s Obligations i. During cold weather periods, before terminating premises with heat-related service, the Company must make attempts to determine whether a resident may suffer serious impairment to

36 PSC No. 1 Water Leaf No. 36 health or safety as a result of termination, in accordance with the procedures set forth in paragraph (b) of this Section. Doubts as to whether a person may suffer serious impairment to health or safety as a result of termination must be resolved in favor of making such a finding. ii. For the purposes of this Section, a person may suffer serious impairment to health or safety as a result of termination when there is evidence of any of the following: a. dependency due to age, poor physical condition or mental incapacitation; b. use of life support systems, such as dialysis machines or iron lungs; c. serious illness; or d. disability or blindness. (b) Procedures i. The Company must not terminate service to customers known to be receiving heat related service during cold weather periods, unless the Company has made a diligent effort to contact personally the customer or an adult resident at the Customer s premises, at least 72 hours before the intended termination and, if unsuccessful, at the time of termination, in order to find out whether a resident may suffer a serious impairment to health or safety as a result of termination, to fully explain the reasons for termination and to provide the customer with information on the protections available under this tariff. ii. Where the Company determines that a resident may suffer a serious impairment to health or safety as a result of termination, a Company must not terminate service unless: a. the Company notifies the local social services official orally and within 5 calendar days in writing, that a resident may suffer a serious impairment to health or safety as a result of termination; and b. the local social services official, after an investigation, informs the Company that the reported condition is not likely to result in a serious impairment to health or safety, or that an alternative means for protecting the person s health or safety has been arranged. When the Company notifies the local social services official under paragraph (b) (ii) of this Section, it will inform the customer of the referral.

37 PSC No. 1 Water Leaf No. 37 (c) Termination of Service i. If the Company terminates service to a customer under this Section, and the customer or a resident 18 years or older was not personally contacted by the Company before termination of service and the customer has not contacted the Company for the purpose of requesting reconnection before 12 noon on the day following termination of service, the Company must, by on site personal visit with the customer or other adult resident, immediately attempt to determine whether there is continuing occupancy and whether a serious impairment to health or safety may result. If the Company determines that a serious impairment may result, it must immediately restore service. If the Company is unable to make an on site personal visit with the customer or an adult resident, and does not have reasonable grounds to believe that the customer has vacated the premises, the Company must immediately refer the name and address of the customer to the local social services official. ii. If after the discovery of tampered equipment, the Company decides to terminate service to a customer because of a potential health or safety problem, it must determine, in accordance with this Section, whether a resident may suffer a serious impairment to health or safety as a result of termination. If the Company determines that a resident may suffer a serious impairment, it must follow the procedures set forth in this subdivision; provided, however, that continued service is not required if it is impractical for the Company to eliminate an unsafe condition. In any cases where a resident may suffer a serious impairment and the Company terminates service to preclude the continuation of an unsafe condition, the Company must specially notify the local social services official on the same day service is terminated and request an immediate consideration of the case RECONNECTION OF RESIDENTIAL SERVICE. (1) Service temporarily discontinued at the curb at the request of the Customer or his agent, will be restored upon payment of the turn on charge as covered in Section 19(a) of this tariff. (2) Service which has been discontinued at the curb for non-payment of water charges will be restored within 24 hours of Customer's request, unless prevented by circumstances beyond the Company's control or unless a Customer requests otherwise, in the following situations. Receipt by the Company of the full amount of arrears for which service was terminated, plus a reconnection fee; or

38 PSC No. 1 Water Leaf No. 38 Upon receipt of a signed payment agreement, consistent with the deferred payment section of the tariff covering the full amount of arrears for which the service was terminated, and the receipt of a down payment is required. The reconnection fee can be made part of a payment agreement which is entered into at the time service restoration is requested; or Upon the direction of the Commission or its designee; or Where the utility has noticed that serious impairment to health or safety is likely to result if service is not reconnected. Doubts as to whether reconnection is required must be resolved in favor of reconnection. Whenever circumstances beyond the Company's control prevent reconnection of service within 24 hours of any of the events specified the Company must immediately notify the Customer and reconnect service within 24 hours after those circumstances cease to exist. If the Company does not reconnect within 24 hours, as required by this section, the Company must pay the Customer for each day or portion of day that service is not supplied after the date that service should have been supplied as follows: $50 per day or portion of day in cases involving medical emergencies, the elderly, blind or disabled heat-related service during cold weather period, or where the Company has notice that a serious impairment to health or safety is likely to result if service is not restored; or $25 per day or portion of a day in all other cases. Penalty charges will not be applicable if the Commission or its designee determines that the Company had good cause for not reconnecting service within 24 hours. The Company has the burden of showing good cause. Water service that has been discontinued by being shut-off at the tap or at the street curb or by being locked or sealed by the Company may be resumed by the payment of the arrears. The Customer may enter into a deferred payment agreement TERMINATION OF SERVICE TO ENTIRE MULTIPLE DWELLINGS AND TWO FAMILY DWELLINGS (a) Required Notices 1) The Company will not terminate service to an entire multiple dwelling unless it fulfills all requirements of this section and provides written notice to:

39 PSC No. 1 Water Leaf No. 39 (i) (ii) (iii) (iv) (v) (vi) the owner of the multiple dwelling or the party to whom the last preceding bill was rendered; the superintendent or other person in charge of the multiple dwelling, if it can be readily determined that there is such superintendent or other person in charge; the occupants of each unit; the local health officer and the director of the social services district for the political subdivision in which the multiple dwelling is located; if the multiple dwelling is located in a city or village, the mayor thereof, or if there is none, the manager; or if the multiple dwelling is located in a town, the town supervisor; and the county executive of the county in which the multiple dwelling is located, or if there is none, the chairperson of the county's legislative body. (2) The notice required by this subdivision will be provided in the following manner: (i) (ii) (iii) by personally serving it or mailing it to the owner or superintendent. by mailing it to the occupants and all local officials. by posting it in a conspicuous place in the public area of the multiple dwelling. (3) Company will give 15 calendar days notice if personally served or posted, and 18 calendar days notice if mailed. (4) The notice to local officials will be repeated not more than four nor less than two business days before termination. (5) Whenever a notice of termination of service has been made and Company no longer intends to terminate service, Company will so notify the occupants of each unit in the same manner as it gave the original notice. (b) Procedures to Avoid Termination of Service

40 PSC No. 1 Water Leaf No. 40 (1) Company will require occupants in a multiple dwelling to pay no more than the current charges incurred by the party to whom the last preceding bill has been rendered, and must not terminate service if such current charges are paid. (2) If occupants in multiple dwelling find they are unable to reach an agreement with Company to avoid termination of service, they may contact the Commission's designee. After such a request is received, a designee will attempt to work out an agreement and will, if necessary, attempt to arrange a meeting with occupant representatives, Company and the party responsible for making payment for service. (3) The Commission's designee may stay a threatened termination of service to an entire multiple dwelling where it concludes that good faith efforts are being made by the occupants to arrange for the payment of current charges. (c) Termination of Heat-Related Service to Multiple Dwellings During Cold Weather Periods During the cold weather period, the following procedure will be followed by Company to terminate heat-related service to an entire multiple dwelling: (1) Company will provide the notices required by subdivision (a) of this section not less than 30 calendar days before the intended termination. (2) Company will provide each occupant with a written notice, not less than 10 days before the earliest date termination may occur, advising the occupant that if any occupant in his or her apartment has a serious illness or medical condition that may result in a serious impairment to health or safety by the loss of heat service, he or she should immediately contact Company. The notice will provide the name and telephone number of Company contact person. Whenever an occupant has notified the Company, Company will conduct an on site personal visit without delay, for purpose of determining whether the occupant may suffer a serious impairment to health or safety as a result of termination. If Company determines that an occupant may suffer a serious impairment to health or safety as a result of termination, Company will refer such cases to the local department of social services and request the agency to investigate. (3) Company referring such a case to the department of social services will continue heat-related service to the multiple dwelling or otherwise provide heat to the person who may suffer a serious impairment for at least 15 business days after the referral. Company referring such a case must not thereafter terminate heat-related service to the dwelling during the cold weather period unless it otherwise provides heat to the person who may

41 PSC No. 1 Water Leaf No. 41 suffer a serious impairment, or unless it is informed by the local department of social services that appropriate alternative arrangements to preclude a serious impairment to health or safety have been made or that the claim of serious impairment is without merit. Company thereafter intending to terminate service must provide at least five calendar days written notice to the occupants that heat-related service will be terminated, and must, if so notified by the department of social services, inform the individual of the finding of no serious impairment. Such notice must state that any occupant may seek further review by the Commission. (4) If Company is notified by the local department of social services that an occupant in a multiple dwelling where the heat-related service has been terminated by Company may suffer a serious impairment to health and safety, it must reconnect heat-related service or otherwise provide heat to such person, and continue such service as provided for in paragraph (3) of this subdivision. 19. RESTORATION OF SERVICE CHARGE (a) When water service has been discontinued on written order of the Customer or for non-payment of bills or for any of the foregoing reasons, and service is again desired by the same Customer, the Customer shall pay all bills in arrears and correct the condition or violation, if any, on which the discontinuance was based, shall sign a new application for service and shall pay the fee stipulated in the Miscellaneous Service Charges leaf of this tariff. Residential Customers will not be required to sign a new application and may remit the turn-on charge as part of the deferred payment plan. The Customer shall establish with the Company the exact time and date service is to be restored. Normal office hours are weekdays 8:00 a.m. to 4:30 p.m. Holidays are as follows: New Year s Day Independence Day Martin Luther King s Birthday Labor Day Washington s Birthday Veteran s Day Good Friday Christmas Memorial Day Thanksgiving Day & the Friday after If, however, by the willful acts of the Customer, it was necessary to shut off or disconnect the service pipe at the Company's main, the charge to the Customer for turn-on of service will be the actual cost incurred by the Company incident to the disconnection and reconnection of the service pipe.

42 PSC No. 1 Water Leaf No. 42 If at the time of such discontinuance of service the Customer does not have a deposit with the Company, the Company may require a deposit as a guarantee of the payment of future bills before the water will be turned on to a non-residential customer. 20. BILLS FOR WATER SERVICE (a) (b) (c) (d) (e) (f) Customers are responsible for furnishing the Company with their correct address. Failure to receive bills will not be considered an excuse for non-payment nor permit an extension of the date when the account would be considered delinquent. All bills will be sent to the address entered in the application unless the Company is notified in writing by the Customer of any change of address. If requested in writing by the Customer, the Company will send bills to and will receive payments from agents or tenants. However, this accommodation will in no way relieve the Customer of the liability for all water charges. Payments shall be made at the office of the Company or at such other places conveniently located as may be designated by the Company. The Company will not be bound by bills rendered, if there is a mistake in the quantity of service rendered. Each premise shall be considered separately in rendering bills for service. 21. CONTENTS OF BILLS The Company s water bill must state: (a) (b) (c) (d) (e) (f) (g) The name and address of the corporation, partnership or person responsible for supplying the service; where the bill can be paid; the service classification on which the charges are based, if applicable; the name of the customer, the account number and the address of the premises where the service was supplied; the start and end date of the billing period; the amount of service billed with a separate itemization for minimum charges and usage, a statement of the cost of any other tariff charges and applicable taxes, and the total of the current charges, displayed in a vertical format; the date payment is due, as long as the date is not before the bill is hand-delivered to the customer or less than three calendar days after the bill is mailed;

43 PSC No. 1 Water Leaf No. 43 (h) (i) (j) (k) (l) (m) the date of the latest payment received or the date through which payments have been credited, and the balance carried over from the prior bill, if any; whether any charge will be imposed for late payment, if applicable, and the date payment must be received by the Company, in order to avoid a late payment charge; the amount of any late payment charge applied during the current billing cycle, if applicable; an explanation of any abbreviation or symbol used that is not common English usage; a telephone number to call at the Company if the customer has any questions about the bill; and for metered accounts: i. whether the bill is based on a reading obtained from the meter itself or from a remote registration device, a customer reading, or an estimation, and if estimated, the reason for the estimation; ii. the next scheduled meter reading date, if applicable; and iii. if the bill is for previously unbilled unmetered service, that the bill is for an estimated amount of service used hut previously not billed, the reason the bill was not rendered at the time the service was used, the basis used for calculating the amount of service billed, and the period of the unmetered service. Nothing in this Section prevents the Company from providing pertinent messages and information on the bill, as long as such information does not interfere with the presentation of the information required by this Section. 21.A DEFERRED PAYMENT AGREEMENTS - RESIDENTIAL CUSTOMERS (a) (1) The Company must provide a written offer of a payment agreement to an eligible Customer or applicant at the following times: (i) (ii) Not less than five calendar days before the date of the scheduled termination of service for nonpayment of arrears, as indicated on a final termination notice, or eight calendar days, if mailed; When payment of outstanding charges is a requirement for acceptance of our application for service;

44 PSC No. 1 Water Leaf No. 44 (iii) When it renders a backbill which is more than $100; provided however, that a utility is not required to offer an agreement under this section where the Customer's culpable conduct caused or contributed to the underbilling. (2) If payment of outstanding charges is a requirement for reconnection, in accordance with the reconnection of residential service section the Company must offer the Customer a payment agreement in accordance with that section. The Company must also inform the Customer that he or she may opt to have the agreement include any applicable reconnection charge and/or legal fee, specifying the amount of such charge. (3) A deferred payment agreement shall: (i) (ii) (iii) Be fair and equitable considering the Customer's financial circumstances; however, the Company may require a Customer or applicant to complete a form showing assets, income and expenses and provide reasonable substantiation of the information on that form; and Provide for installments as low as $10 per month and no down payment when the Customer demonstrates financial need for such terms but need not provide for monthly installments of less than $10; and Provide for any size or no down payment and installments on any schedule over any period of time, and cover any outstanding charges if mutually agreed to by the parties. 21.B ELIGIBILITY (4) The Company must renegotiate and amend a payment agreement if the Customer or Applicant demonstrates that his or her financial circumstances have changed significantly because of conditions beyond his/her control. (5) The Commission or its designee may order the Company to offer a payment agreement in accordance with this section when the parties have been unable to reach an agreement or where an agreement is necessary for the fair and equitable resolution of a complaint. (1) A Customer or Applicant is eligible for a payment agreement and must be offered one in accordance with subdivision (A) of this section unless: (i) (ii) The Customer is a seasonal, short-term or temporary customer; or The Customer has broken an existing payment agreement; or

45 PSC No. 1 Water Leaf No. 45 (iii) The Commission or its designee determines that the Customer or Applicant has the resources available to pay the bill. (2) If the Company believes that a Customer or Applicant has the resources available to pay the bill in full or where the utility and Customer are unable to agree on a payment agreement covering amounts that exceed the cost of twice the Customer's average yearly usage, either party may seek a determination from the Commission or its designee in accordance with the following procedure: (i) (ii) (iii) The Company must immediately notify the Customer or Applicant and the Commission or its designee of its position; The Company must give the Customer or Applicant written notice summarizing the procedures under this paragraph in clear and understandable language; The Commission or its designee will make a determination without undue delay; and until such a determination is made by the Commission or its designee, the Company must postpone any termination activity, and restore service or provide service if so directed by the Commission or its designee, as long as the Customer or Applicant pays current bills and terms of a payment agreement established by the Commission or its designee. 21.C. TERMS OF AGREEMENT (1) A payment agreement must require the Customer or Applicant to pay all current bills on time. (2) Unless otherwise agreed to by the Company and the Customer, the Company is required to offer a payment agreement that covers amounts up to the cost of twice the Customer's average annual usage. The downpayment may include any amount owed in excess of twice the Customer's average annual usage. If the Customer and Company are unable to agree upon a payment agreement under these circumstances, either party may seek a determination from the Commission or its designee in accordance with paragraph (b)(2) of the section. (3) A payment agreement offered for nonpayment of arrears, upon application for service or upon request for reconnection may require the Customer or Applicant to: (i) make a down payment of up to 20% of the amount covered by the agreement or the cost of one month's average usage, whichever is greater; and

46 PSC No. 1 Water Leaf No. 46 (ii) pay the balance in monthly installments up to the cost of one month's average usage or one-tenth of the balance, whichever is greater. 21.D BROKEN AGREEMENTS (1) If a Customer fails to make timely payments in accordance with a payment agreement, the Company will send a final termination notice to the customer. (2) If by the twentieth calendar day after payment was due, the Company has not received payment or negotiated a new agreement, the Company may demand full payment of total outstanding charges and send final termination notice. 22. ABATEMENTS AND REFUNDS: (a) (b) There shall be no abatement of the minimum water rates in whole or in part, by reason of the extended absence of the Customer, unless service has been discontinued at his request, and no abatement shall be made for leaks or for water wasted by improper or damaged service pipes or fixtures belonging to the Customer. If upon test of a meter upon complaint, it be found that the accuracy of the meter (determined as provided for in the rules and regulations of the Public Service Commission) exceeds the limits as set forth by the Commission, the bills of the Customer shall be adjusted to the extent of such excess for one-half of the quantity registered since the last test unless it can be shown that the error is due to an accident or other cause, the approximate date of which can be determined, in which case it shall be figured back to such date; or unless the Customer has suffered no damage from said error by virtue of the fact that the meter has registered a quantity of water less than that allowed for the minimum rate of the applicable rate schedule. 23. BOILER AND ENGINE WATER SUPPLY: (a) The Company does not guarantee a sufficient or uniform pressure, or an uninterrupted supply of water and Customers are cautioned to provide sufficient storage of water where an absolutely uninterrupted supply must be assured; such as for steam boilers, domestic hot water systems, gas engines, etc. 24. INTERRUPTIONS IN WATER SUPPLY: (a) The Company may at any time shut off the water in the mains in case of accident, or for the purpose of making connections, alternations, repairs, changes, or for other reasons, and may restrict the use of water to reserve a sufficient supply for public fire service or other emergencies whenever the public welfare may require it.

47 PSC No. 1 Water Leaf No LIABILITY OF COMPANY: (a) (b) The Company will undertake to use reasonable care and diligence in order to prevent and avoid interruptions and fluctuations in the service, but it cannot and does not guarantee that such will not occur. The Company shall in no event be liable for any damage or inconvenience caused by reason of any break, leak or defect in the Customer's service pipe or fixtures. 26. GENERAL: (a) (b) The service pipes, meters and fixtures on the Customer's premises shall at all reasonable hours be accessible to the Company for observation, inspection and examination. An agent of the Company will not enter locked premises without the permission of a person lawfully in control of the premises, unless: a) explicitly authorized by court order, or b) when an emergency may threaten the health or safety of a person, the surrounding area or the Company's distribution system. (c) (d) (e) (f) (g) (h) No person shall turn the water on or off at any street valve, corporation cock, curb cock or other street connection, or disconnect or remove any meter without the consent of the Company. Penalties provided by law for any such action will be rigidly enforced. Employees or agents of the Company are expressly forbidden to demand or accept any compensation for any service rendered to its Customers except as covered in this Schedule for Water Service. No employee or agent of the Company shall have the right or authority to bind it by any promise, agreement or representation contrary to the letter or intent of this Schedule for Water Service. Any complaint against the service or employees of the Company should be made at the office of the Company and preferably in writing. The Company is required to conduct a field inspection: as soon as reasonably possible, but no more than 60 calendar days after a Customer request, or upon receiving a directive by the Public Service Commission or its designee. Any complaint filed with the Company regarding disputed bills, charges, deposits or service problems will be promptly investigated in accordance with the procedures required by Public Service Commission.

48 PSC No. 1 Water Leaf No. 48 The Company may not discontinue service regarding a disputed bill or deposit until it has complied with said Commission rules. 27. NON-REGISTERING METERS: (a) (b) (c) The reading of a duly installed meter showing the amount of water consumed shall be used for all metered billing purposes except where it appears that the meter has ceased to register or has registered inaccurately. In all cases where a meter is found to be defective, it shall be immediately replaced by a meter that has been tested and properly adjusted. In cases where it is found that a meter has ceased to register or has registered inaccurately, and it cannot be determined by reasonable test the percentage of inaccuracy, an estimated bill for the billing period immediately preceding the date when such meter was found defective and for the period from said date to the date of replacement of the meter, may be rendered the consumer. The right to render an estimated bill is strictly limited to such periods. For all other periods the bill shall be the minimum rate provided in the applicable rate schedule, unless the Company can demonstrate that it was unable to gain access to its meter for all other periods. Notification by the Company of a non-registering meter must be made in writing to the Customer. The estimated bill shall be based upon the amount of water consumed in the corresponding period in prior years, except where it appears that there has been a change in the occupancy of the premises or in the use of water, in which case an equitable adjustment shall be made. Residential Customers can be backbilled for one year BACKBILLING FOR RESIDENTIAL CUSTOMERS A. Explanation for Backbill Every backbill must contain a written explanation of the specific reason for the backbill, and if the bill covers more than a 24-month period, a statement as to why the billing was not limited in Section C Limitations on Backbilling Period. Every backbill must contain all required information applicable under section dealing with Contents of Bills of this Tariff. A backbill must be accompanied by an offer of a payment agreement in accordance with the section dealing with Deferred Payment Agreements of this Tariff, if applicable. B. Limitations on Issuance of Backbills The Company may not issue a backbill more than 180 calendar days after the Company actually became aware of the circumstance, error or condition that caused the underbilling.

49 PSC No. 1 Water Leaf No. 49 The Company may not upwardly revise a backbill, and must issue a downwardly revised backbill as soon as reasonably possible and within two months after the Company becomes aware that the first backbill was excessive. C. Limitations on Backbilling Period When the failure to bill earlier was due to a Company deficiency, the Company must limit the backbilling period to 12 months before the Company actually became aware of and corrected the circumstance, error or condition that caused the underbilling, unless the Company can demonstrate that the Customer's culpable conduct caused or contributed to the original underbilling. When the failure to bill earlier was not due to a Company deficiency, the Company must limit the backbilling period to 24 months before the Company actually became aware of and corrected the circumstance, error or condition that caused the underbilling, unless the Company can demonstrate that the Customer's culpable conduct caused or contributed to the original underbilling. 28. RULES RELATING TO THE INSTALLATION OF MAINS, SERVICES, CONNECTIONS AND FACILITIES AND EXTENSIONS 1. Definitions (a) (b) (c) (d) (e) Water Main - a pipe carrying water which is generally available to more than one service line. Extension - the extension of a water main including the pipe, elbows, tees, valves, reducers, service taps, and other appurtenances which may be part of the facilities extended to provide water service. Service Line or Lateral - the pipe and valves which are used to deliver the water from the main into the Customer premises; the Company portion being that between the main and the Customer's property line, and the Customer's portion being that from the property line into the premises. Service Connection - the facilities necessary to provide the Customer service, including the service line, the main tap, meter, and other related facilities. Extension Costs - as used in this part shall include the costs of labor, equipment and materials used in the replacement of street or sidewalk which may be disturbed in the course of such installation, the costs of inspection, amounts paid to governmental authorities for permits to do the work required, and other costs or taxes that are legally imposed by any governmental agency/authority.

50 PSC No. 1 Water Leaf No. 50 (f) (g) (h) (i) (j) (k) (l) (m) (n) Applicant - a person, developer, builder, partnership, association, corporation or governmental agency requesting service to a specific location. Developer - a business or person who will subdivide or prepare real estate for residential or commercial occupancy, who required the installation of utility plant in advance of occupancy, and whose success resulting in utility Customer can be considered speculative since it is dependent upon the success of the real estate venture. Residential Service - water service for sanitary and potable domestic use. Surcharge - a charge billed to the Customer in addition to the regular bill for service. Gross Annual Utility Revenue - the total of Customer charges for utility service billed in one year. Advance or Deposit - money advanced by the Applicant to the utility subject to refund. Contribution - money paid by the Applicant to the utility, usually to pay for the cost of installing plant, which will not be refunded. Water-Works Tariff - the schedule of rules and charges for water service, filed with and approved by the Commission, under which the utility is required to provide service. Service Area - the area in which the utility has the required governmental authorization to provide utility service. 2. Public Street - Within 75 Feet - Owner or Occupant Whenever an owner or occupant of any property abutting on any public street, as defined in Section paragraph (f), within seventy-five feet of any Company-owned main appropriate to the service requested, makes a written application for service, the Company will extend its mains so as to serve said property at its own cost and expense. 3. Public Street - Over 75 Feet - Owner or Occupant Whenever an owner or occupant of any property abutting on any public street, as defined in Section 3 paragraph (f), in which there is no Company-owned water main appropriate to the service requested, within a distance of seventy-five feet from said property, makes a written application for service, the Company will extend its mains in accordance with the terms of the Agreement for Extension

51 PSC No. 1 Water Leaf No. 51 Surcharge Required [See Leaf 49] provided that (1) said applicant furnishes assurance satisfactory to the Company that he will be a reasonably permanent Customer and (2) said applicant furnishes reasonable security as to the performance of his agreement [Section 28 (7)]. 4. Public Street-Real Estate Developer or Prospective Owner or Prospective Occupants Whenever an Applicant for services to premises located on a public street, as defined in Section 3 paragraph (f), cannot qualify as a reasonably permanent Customer (such as a real estate developer, prospective owner or prospective occupant), the Applicant will be required to deposit with the Company the entire cost of the main extension and services to be installed. 5. Private Streets - More Than One Premise Whenever an applicant makes written application for water service to more than one premise located on a private street, as defined in Section 3 paragraph (g), the Company will extend its mains in accordance with the terms of "Agreement for Extension-Company Performed Installation" [see Leaf 52] or "Agreement for Extension-Applicant Performed Installations" [see Leaf 56]. 6. Private Streets - One Premise Whenever an Applicant makes written application for water service to one premise located on a private street, as defined as Section 3 paragraph (g), the Company may elect to extend its mains in accordance with Section 28 (5) and (10) herein, or to consider the extension as a service line. If the latter election is made, the Applicant is to install the service line to his property line and the Company will set a meter at the beginning of the extension to measure all water used. Title to the service will be vested in the Customer, who will be responsible for maintenance and replacement, where necessary. 7. Security The Company may require, from each Applicant signing a Main Extension Contract, a deposit in the amount required under the terms of the contract. When the construction of the extension has been completed and actual costs are known, the amount of the deposit will be adjusted. Refunds will be made in accordance with the Main Extension Agreement. 8. Maintenance and Replacement The Company will be responsible for the maintenance and replacement of all Company-owned mains, service pipes and facilities located within a public street and Company-owned easements, used to supply water to its Customers; and if adequate service required their reconstruction or replacement they will be reconstructed or replaced by the Company at its expense.

52 PSC No. 1 Water Leaf No. 52 Replacement or reconstruction of mains and service pipes less than two inches in diameter in excess of 75 feet in length heretofore installed and privately owned, shall be governed by the provisions of 16 NYCRR Part 501, Section 4. That portion of the service pipe without (outside) the limits of a street, avenue, road or way as hereinbefore defined or easement area shall be provided, placed, constructed and maintained by the property owner or the Customer but in accordance with such reasonable specification for the construction and maintenance thereof as may be filed in the tariff schedules of said waterworks corporation. 9. Frost Provision Extension of pipe lines will not be made when the ground in which such pipes and connections are required to be laid shall be frozen or shall otherwise present serious obstacles to laying the same. 10. Easements on Private Streets Applicants for service shall provide or obtain and deliver without cost to the Company, permanent easements or rights-of-way the Company considers necessary for the installation and maintenance of the extension or subsequent additions thereto. The Company shall not be obligated to commence any construction until Applicants either have obtained satisfactory easements or rights-of-way for the Company or have agreed to pay such costs as may be incurred if the Company, at their request, obtains such easements or rights-of-way. 11. Advance Service Connection Whenever, at the request of the owner or occupant, a service pipe is provide through which service is not immediately desired, said property owner or occupant shall bear the entire reasonable expense of providing, placing and constructing the service pipe and accessories, but he shall be entitled to a refund whenever water service is begun for such part of the expense as the waterworks corporation is hereinbefore required to assume. Such refund shall be the cost of said service pipe and accessories, less depreciation at the rate of five (5%) percent per annum for the period which said pipe has been in the ground. 12. Modification of Rules As provided in Part 5, any Applicant may petition the Public Service Commission in writing in a specific case for waiver, modification or relief from any of the provisions of these rules by stating the supporting facts and reasons for waiver. However, such petition shall not be made for waiver of part 501 until the waterworks has first obtained approval by the Department of Environmental Conservation and the town of service area modification which may be necessary to include the Applicant within the waterworks' service area or franchised service territory. Nor shall the petition for waiver contain provisions which would not reasonably apply to any other similar Applicant, or in any way be discriminatory.

53 PSC No. 1 Water Leaf No. 53 AGREEMENT FOR EXTENSION Surcharge Required THIS AGREEMENT, made this day of, Two Thousand, between SUEZ Water Westchester, a corporation of the State of New York, with its principal office at 2525 Palmer Avenue, New Rochelle, New York 10801, hereinafter called the "Company" and (name) (address) hereinafter called the "Applicant", WITNESSETH: ARTICLE ONE THE COMPANY AGREES: In consideration of the performance by the Applicant of the covenants hereinafter set forth, the Company agrees: FIRST: To construct and maintain an extension to its main described as follows: ARTICLE TWO THE APPLICANT AGREES: FIRST: To connect his property to said extension immediately upon completion thereof for the purpose of receiving regular water service therefrom. SECOND: To pay for such service in accordance with the schedule of rates for water service of the Company as from time-to-time filed with the Public Service Commission published and effective, and to comply with the provision of this schedule and all other rules and regulations of the Company. THIRD: To provide all easements and rights-of-way which the Company considers necessary, without cost to the Company.

54 PSC No. 1 Water Leaf No. 54 FOURTH: In addition, to pay a surcharge at the rate of nineteen (19%) percent per year of the actual cost of such portion of the said main extension (excluding the cost of any service pipe, hydrants and their accessories) that is in excess of seventy-five (75) feet distance from the end of the nearest existing water main appropriate for the service requested. However, should the main extension be greater than six (6) inches in diameter, when not necessary for the service requested, the surcharge shall be limited to nineteen (19%) percent per year of the estimated cost of a six (6) inch main. The surcharge shall be paid ratably at the end of each regular billing period, beginning at the date when water service is first available to the Applicant. FIFTH: In the event that the Applicant ceases to be a customer of the Company, the Applicant's obligation to pay the surcharges provided herein shall continue, unless the new owner or occupant of the premises agrees to assume all obligations under this Agreement SIXTH: To furnish the Company with reasonable security upon the execution of this Agreement for the faithful performance of the covenants herein agreed to be performed by the Applicant. Reasonable security shall be by advance payment of the surcharge for a period of one (1) year; where an Applicant's building does not yet exist, i.e. by completion of the foundation and construction of a substantial portion of the premises framing before main extension construction is commenced, the Applicant shall deposit the entire estimated cost of the extension until said premises construction is complete. ARTICLE THREE BOTH PARTIES AGREE THAT: FIRST: Whenever more than one customer shall be connected to said extension, the surcharge mentioned in Article Two shall be adjusted and then pro-rated so as to yield to the Company not more than nineteen (19%) percent in any one year from all Customers served from said extension. SECOND: Said surcharge shall be reasonably pro-rated and allocated to the several Customers served from said extension, taking into account that seventy-five (75) feet of main and the service pipe are to be allowed for each Customer. THIRD: All surcharges hereunder shall cease upon the earlier of: (a) (b) Whenever the number of Customers on the main extension, multiplied by seventy-five (75) feet, shall or exceed the length of the main extension. The end of ten (10) years from the date of the first surcharge payment, whichever shall first occur. FOURTH: In lieu of the above surcharge, the Applicant may at his option pay the cost of the main extension and the associated tax liability in excess of seventy-five (75) feet subject to annual refunds, without interest, related to the number of new Customers added to the extension each year multiplied by seventy-five (75) feet, provided; however, refunds shall cease at the earlier of (1) ten (10) years; or (2) when the total of all refunds equals the amount of the original payment made by the Applicant

55 PSC No. 1 Water Leaf No. 55 FIFTH: Should a further extension be made from existing extension within the period surcharges are in effect or within the period of refund eligibility, as defined in paragraph THIRD and FOURTH above respectively, then: (a) (b) The surcharge shall be adjusted and then pro-rated so as to yield to the Company not more than nineteen percent (19%) in any one year period surcharges remain in effect; or, If the applicant herein elects to advance the entire cost of the main extension as provided in paragraph FOURTH above, an Applicant for a further extension shall pay a pro-rata share of the cost proportional to the remaining period of refund eligibility associated with the extension covered by this agreement. SIXTH: The ownership of the extension constructed hereunder shall be vested in the Company. IN WITNESS WHEREOF the Applicant and the Company have caused these presents to be executed the day and year first above written. SUEZ WATER WESTCHESTER Attest: By: Witness Address Applicant: (L.S.) (L.S.) (L.S.)

56 PSC No. 1 Water Leaf No. 56 AGREEMENT FOR EXTENSION Company Performed Installation (Applicable to Extensions to Real Estate Developers) THIS AGREEMENT, made this day of, Two Thousand and, between SUEZ WATER WESTCHESTER, a corporation of the State of New York, with its principal office at 2525 Palmer Avenue, New Rochelle, New York 10801, hereinafter called the "Company" and (name) (address) hereinafter called the "Applicant", WITNESSETH: ARTICLE ONE In consideration of the performance by the Applicant of the covenants hereinafter set forth, the Company agrees: FIRST: To install and maintain an extension to its mains as follows: SECOND: To install and maintain service connections from the said main to the property line of each premises to be served. THIRD: The estimated cost of said main extension, including taxes, the cost of the service connections and any other extension cost as defined in 16NYCRR part 501, is DOLLARS ($ ).

57 PSC No. 1 Water Leaf No. 57 ARTICLE TWO THE APPLICANT AGREES: FIRST: To advance the Company, simultaneously with the execution of this agreement the sum of DOLLARS ($ ) which represents the estimated cost of the main extension, the cost of the service connections, fire hydrants, accessories and all applicable taxes and other extension costs as defined in 16NYCRR part 501. The advance so paid shall be the absolute property of the Company. (The Company may require a separate check for that portion of the deposit representing taxes.) SECOND: To connect the buildings under construction to the said service connections upon completion thereof for the purpose of receiving regular water service therefrom. THIRD: To provide all easements and rights-of-way, which the Company considers necessary either from the Applicant or from third persons, as the case may be, to assure the legal feasibility of the extension, without cost to the Company. FOURTH: To abide by all the rules and regulations of the Company and the rules and regulations set forth in the Company's schedule for water service, duly filed with the Public Service Commission of the State of New York, as may be amended from time-to-time. FIFTH: The title to the mains and service connections furnished and installed by the Company shall be and remain the sole property of the Company and the extension shall be and remain a part of the distribution system of the Company for all purposes. Should further or additional longitudinal or lateral extensions be made from any point on this extension, the Applicant shall not by reason thereof, be entitled to any credits or refund therefrom. SIXTH: To provide the Company with written notification of any change affecting this application with respect to change in ownership, change of applicants address or change of applicant s phone numbers. It is the applicant s responsibility to provide this information in order to insure the timely issue of refund checks. The Company shall not be held responsible for any returned checks due to the applicant s failure to comply with this requirement. ARTICLE THREE BOTH PARTIES AGREE THAT: FIRST: (a) As soon as the actual cost of the main extension, including the cost of the service connections, is known, if the estimated cost exceeds the actual cost, the Company shall within sixty (60) days refund the difference and the proportionate amount of taxes to the Applicant. And, if the refund exceeds the deposit by more than 20% or if the refund is not made within the aforesaid sixty (60) days, an interest rate which is the greater of the unadjusted deposit rate or the applicable late payment rate as established by the Public Service Commission will apply to the refund. (b) If the actual cost exceeds the Applicant s advance, the excess, including the proportionate amount of taxes, shall be paid to the Company by the Applicant within sixty (60) days of receipt of notice from the Company itemizing the actual cost.

58 PSC No. 1 Water Leaf No. 58 SECOND: Except as provided in subparagraph (b) below, no refund on the advance shall be made to the Applicant before the expiration of one year from the date of the completion of the extension, i.e. the date when water service becomes available to the premises to be served by the extension. (a) At the expiration of one year from the date of completion of the extension aforesaid, and annually thereafter, the Applicant shall be entitled to a refund, of a portion of the cost deposited by Applicant without interest; said refund being proportionate to the number of Customers connected to the extension for that year multiplied by seventy-five (75) feet and then divided by the total extension length. Any refund made shall include a proportionate amount of taxes. (b) The cost of installing the fire hydrants shall be refunded to the Applicant at such time as the hydrants become usable and revenue is collected through hydrant charges. (c) The right to any refund, partial or total, except such refunds pursuant to the second paragraph hereof, shall expire five years from the date of the completion of the extension. The total amount of all refunds, as hereinabove set forth, shall in no case exceed the amount of the advance. THIRD: No interest on the refund will be paid except that if refunds are not made within 60 days of the date the Applicant is entitled to a refund, the refund shall begin to accumulate interest at a rate which is the greater of the unadjusted deposit rate or the applicable late payment rate as established by the Public Service Commission. Such interest obligation shall cease when a reasonable effort has been made by the Company to tender the refund. FOURTH: The above considerations shall be in addition to and independent of any charges to the Applicant as a customer of the Company for water service for which the Applicant shall be charged at the regular rates of the Company. FIFTH: Should the Company for any reason fail or be unable to furnish, lay and connect said extension as herein provided, it shall not be liable to the Applicant for more than the amount advanced by the Applicant to the Company. SIXTH: The covenants contained herein are to apply to and bind the heirs, executors, administrators, successors and assigns of the respective parties.

59 PSC No. 1 Water Leaf No. 59 IN WITNESS WHEREOF, the Applicant and the Company have caused this agreement to be executed the day and year first above written. SUEZ WATER WESTCHESTER Attest: By: Witness Address Applicant: (L.S.) (L.S.) (L.S.)

60 PSC No. 1 Water Leaf No. 60 AGREEMENT FOR EXTENSION Applicant Performed Installation (Applicable to Extensions to Real Estate Developers) THIS AGREEMENT, made this day of, Two Thousand and, between SUEZ WATER WESTCHESTER, a corporation of the State of New York, with its principal office at 2525 Palmer Avenue, New Rochelle, New York 10801, hereinafter called the "Company" and (name) (address) hereinafter called the "Applicant", WITNESSETH: ARTICLE ONE In consideration of the performance by the Applicant of the covenants hereinafter set forth, the Company agrees: FIRST: To permit the Applicant to install an extension to the Company's mains as follows: SECOND: To permit the Applicant to install fire hydrants and service connections from the said main to the property line of each premises to be served. THIRD: (a) The Applicant's estimate of the cost of said main extension, including the cost of service connection is DOLLARS ($ ). The Applicant shall provide the Company with details of such cost as may be requested by the Company.

61 PSC No. 1 Water Leaf No. 61 (b) The Applicant's estimate of the cost of installing fire hydrants required for the extension is DOLLARS ($ ). The Applicant shall provide the Company with details of such cost as may be requested by the Company. (c) The Company's estimate of installing the main extension, including the cost of the service connections, is DOLLARS ($ ). (d) The Company's estimate of the cost of installing fire hydrants required for the extension is DOLLARS ($ ). (e) The Company fees for inspection are DOLLARS ($ ). ARTICLE TWO THE APPLICANT AGREES: FIRST: To advance the Company, simultaneously with the execution of this agreement: (a) the sum of DOLLARS ($ ), which represents the Company fees for inspection, AND (b) the sum of DOLLARS ($ ), which represents the taxes imposed by any governmental authority on the value of the labor and materials provided in connection with the main extension, the cost of fire hydrants, service connections and the Company fees for inspection. The advance so paid shall be the absolute property of the Company; for purposes of determining the applicable taxes, the Company's cost estimates shall be used. SECOND: To connect the buildings under construction to the said service connections upon completion thereof for the purpose of receiving regular water service therefrom. THIRD: To use contractors and materials acceptable to the Company. Said installation and connection shall be pursuant to the Company's specifications, and shall be subject to the Company's inspection and acceptance. All work and materials performed or provided by Applicant shall be of first class quality and shall be in compliance with all applicable rules, laws and regulations of each governmental body or agency having jurisdiction. FOURTH: To provide all easements and rights-of-way, which the Company considers necessary either from the Applicant or from third persons, as the case may be, to assure the legal feasibility of the extension, without cost to the Company. FIFTH: To abide by all the rules and regulations of the Company and the rules and regulations set forth in the Company's schedule for water service, duly filed with the Public Service Commission of the State of New York, as may be amended from time-to-time.

62 PSC No. 1 Water Leaf No. 62 SIXTH: The title to the mains, fire hydrants and service connections furnished and installed by the Applicant shall be and remain the sole property of the Company and the extension shall be and remain a part of the distribution system of the Company for all purposes. The Applicant shall provide the Company with appropriate documentation conveying ownership to the Company. Should further or additional longitudinal or lateral extensions be made from any point on this extension, the Applicant shall not by reason thereof, be entitled to any credits or refund therefrom. SEVENTH: To indemnify and hold the Company, its owners, the Engineer, and each of their officers, employees, and agents harmless from and against any and all direct or indirect loss or expense, including without limitations any attorney's fees or costs, relating to any claims or suits for damage or injury, including death, to any property or any person arising from, or occurring in connection with, its performance of any work or the furnishing of any materials contemplated by this Agreement, irrespective of whether any such damage or injury is caused by or results from the negligence of Applicant or any officer, agent, employee or contractor of the Applicant or arises from or occurs in connection with any breach of this Agreement by the Applicant. Insurance - The Applicant agrees to provide, at its own expense, the following insurance coverages: Types Minimum Amounts Worker s Compensation Statutory Employer s Liability $500,000 Automobile Liability Insurance $1,000,000 per person Bodily Injury and Property Damage $1,000,000 per accident Commercial General Liability Insurance $ 1,000,000 ea. Occurrence /$2,000,000 Aggregate (including broad form contractual liability Insurance, completed operations Insurance, explosion, collapse and Underground (X,C & U) and insurance for bodily injury and property damage) The Company shall be included as an additional insured on the Applicant s General Liability and Automobile Liability insurance and shall require any of its subcontractors performing work in conjunction with the work covered by this Agreement to adhere to the same conditions. All insurance providers shall be rated at least A-, VII by A.M. Best and shall be approved to provide coverage in the State in which operations are performed. Should work be performed in State Highways, in or near railroad rights or way, or other agencies having jurisdiction, Applicant shall provide such insurance limits and coverage as they may require.

63 PSC No. 1 Water Leaf No. 63 Certificates of insurance shall name the Company as an additional insured and shall be furnished to the Company prior to the commencement of work. Such insurance shall be placed with duly qualified and financially responsible insurance carriers licensed to do business in the State of New York and shall provide that the same may not be canceled for two years after completion of the work contemplated by this Agreement. EIGHTH: To provide the Company with written notification of any change affecting this application with respect to change in ownership, change of applicants address or change of applicant s phone numbers. It is the applicant s responsibility to provide this information in order to insure the timely issue of refund checks. SWNR shall not be held responsible for any returned checks due to the applicant s failure to comply with this requirement. NINTH: The Applicant s contractor shall warrant that work performed in installing the main and appurtenances is free of any defect of equipment, material or workmanship. Such warranty shall continue for a period of two years from completion and approval of the extension or within such longer period of time as may be prescribed by law. Under this warranty, the Applicant s contractor, under Company supervision, shall remedy at his own expense any such failure to conform or any such defect upon receipt of written notice from the Company within a reasonable time after the discovery of any failure, defect or damage. In addition, during the aforesaid warranty period, the Applicant s contractor shall remedy at his own expense, under Company supervision, any damage to Companyowned or controlled real or personal property, when that damage is the result of any such defect of equipment, material or workmanship installed by the Applicant. The warranty with respect to work repaired or replaced hereunder will run for the greater of one year from the date of such repair or replacement or the remainder of the original two year period. During the warranty period as defined herein, the Applicant s contractor shall reimburse the Company for the costs of any emergency repairs undertaken by the Company to maintain the system in good working order. The Applicant s contractor shall also provide a bond from such sureties and in form and substance as are satisfactory to the Company in an amount at least equal to the Company s estimated cost to install the extension and fire hydrants as set forth securing the contractor s faithful performance of its warranty within a thirty (30) day period following the Company s demand for contractor action under such warranty. The bond shall remain in effect for as long as contractor s warranty obligations continue hereunder. If the surety on the bond furnished by contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in New York State, or it ceases to be named in the current list of Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department, contractor shall, within ten (10) days thereafter, substitute another bond and surety, both of which must be acceptable to the Company. The applicant s contractor shall complete the warranty for the water main extension from the Engineering Department.

64 PSC No. 1 Water Leaf No. 64 ARTICLE THREE BOTH PARTIES AGREE THAT: FIRST: As soon as the actual cost of the main extension, including the cost of the service connections and fire hydrants is known, the Applicant shall notify the Company and provide the cost documentation as required by the Company. SECOND: (a) Except as provided in subparagraph (b) below, no refund of the cost of the installation shall be made to the Applicant or its successors and assigns before the expiration of one year from the date of the completion and approval of the extension, and transfer to title of the mains to the Company. At the expiration of one year from the date of completion of the extension as aforesaid, the Applicant or its successors and assigns shall be entitled to a refund of the cost of the extension, without interest, proportionate to the number of customers connected to the extension that year multiplied by seventy-five (75) feet and then divided by the total extension length. The refund shall include a proportionate amount of the taxes advanced to the Company pursuant to paragraph FIRST of Article Two.

65 PSC No. 1 Water Leaf No. 65 (b) The cost of installing the fire hydrants shall be refunded to the Applicant at such time as the hydrants become usable and revenue is collected through hydrant charges. THIRD: The right to any refunds, partial or total, except such refunds as shall have already accrued pursuant to Paragraph Second hereof, shall expire five years from the date of the completion and approval of the extension. The total amount of all refunds, as hereinabove set forth, shall in no case exceed the Company's original cost estimate for the extension together with associated taxes, or in the event the actual cost is less than the Company's estimate, then the refund shall not exceed the actual cost of the extension together with associated taxes. FOURTH: No interest will be paid on the refund, except that if refunds are not made within 60 days of the date refunds begin to accrue, the refund shall then begin to accumulate interest at a rate which is the greater of the unadjusted deposit rate or the applicable late payment rate as established by the Public Service Commission. Such interest obligation shall cease when a reasonable effort has been made by the Company to tender the refund. FIFTH: The above considerations shall be in addition to and independent of any charges against the Applicant as a Customer of the Company, for water service for which the said Applicant shall be charged at the regular rates of the Company. SIXTH: Should the Applicant for any reason fail to commence installation within one year of this Agreement, the Company shall have the right to terminate this Agreement. SEVENTH: The covenants contained herein are to apply to and bind the heirs, executors, administrators, successors and assigns of the respective parties.

66 PSC No. 1 Water Leaf No. 66 IN WITNESS WHEREOF, the Applicant and the Company have caused this agreement to be executed the day and year first above written. SUEZ WATER WESTCHESTER Attest: by: Witness Address Applicant: (L.S.) (L.S.) (L.S.) 29. EXTENSION OF MAINS FOR REAL ESTATE DEVELOPERS See SECTION 28

67 PSC No. 1 Water Leaf No DEFERRED PAYMENT AGREEMENT RESIDENTIAL CUSTOMER PAYMENT AGREEMENT Account Number Customer Name Service Address Telephone No. (day) ABOUT THIS AGREEMENT The following is an agreement between you and SUEZ WATER WESTCHESTER, regarding the outstanding balance of $. To enforce this agreement, it must be signed by you, dated and returned to SUEZ WATER WESTCHESTER by ; along, with the down payment of $. TERMS OF THE AGREEMENT A down payment of $ is due by. Additional monthly payments of $ are due by of each month. The final payment of $ is due by. All current bills are due upon receipt. PAYMENT AGREEMENT RULES The purpose of this agreement is to establish a fair schedule for you to pay your overdue bill. If you can demonstrate that your financial circumstances have changed significantly due to conditions beyond your control, we will amend the terms of this agreement to reflect the changes. Please contact us at (914) to discuss this matter. WHAT HAPPENS IF PAYMENT IS NOT MADE Please remember, if we do not receive the above payments and/or your current bill payment, the total amount will be due on the account. In addition, you will receive a termination notice.

68 PSC No. 1 Water Leaf No. 68 ACCEPTANCE OF AGREEMENT If we do not receive a signed copy of this agreement by the due date on this form, you may be required to pay immediately the total arrears on your account. Failure to pay the amount due may result in termination of your service. I have read and accepted this agreement. Customer's Signature Date Office Manager Date If you have any questions regarding this agreement, please feel free to contact us at (914)

69 PSC No. 1 Water Leaf No APPLICATION FOR WATER SERVICE SUEZ WATER WESTCHESTER 2525 Palmer Avenue, New Rochelle, NY APPLICATION FOR WATER SERVICE TO SUEZ WATER WESTCHESTER: The undersigned owner and/or occupant of the premises situated at No. St., in of, County of Westchester, State of New York, hereby requests you to furnish water service through the existing street service connection to the above described premises. The undersigned hereby agrees that water service will be supplied by the Company in accordance with its Schedule for Water Service on file in its office in accordance with law and governing and distribution and sale of water in the territory in which the said premises are situated. Prior Account Number and/or Prior Address What is the water being used for? Is it primarily for Residential purposes? Please include with this application proof of the applicant's identity and responsibility for water bills for the premises indicated. If a third party applies for service, the third party must submit proof of identity and authorization from the applicant. All documents become part of the application. The undersigned hereby requests SUEZ WATER WESTCHESTER to send all bills to the following name and address: No. Post Office State Zip Code Attest of Witness: (Signature of Customer) Per (If a corporation or partnership) Title Application Accepted, 20 SUEZ WATER WESTCHESTER

70 PSC No. 1 Water Leaf No. 70 TO SUEZ WATER WESTCHESTER: Owner The undersigned occupant of the premises situated at No. St., in of County of Westchester, State of New York, hereby requests you to furnish water service through the existing street service connection to the above described premises. The undersigned hereby agrees that water service will be supplied by the Company in accordance with its Schedule for Water Service on file in its office in accordance with law and governing the distribution and sale of water in the territory in which the said premises are situated. Prior Account Number and/or Prior Address What is the water being used for Is it primarily for Residential purposes? Please include with this application proof of the Applicant's identity and responsibility for water bills for the premises indicated. If a third party applies for service, the third party must submit proof of identity and authorization from the Applicant. All documents become part of the application. The undersigned hereby requests SUEZ WATER WESTCHESTER to send all bills of the following name and address: No. Street Post Office State Zip Code Attest of Witness: (Signature of Customer) Per (If a corporation or partnership) Title Application Accepted, 20 SUEZ WATER WESTCHESTER By

71 PSC No. 1 Water Leaf No FORM OF APPLICATION FOR WATER SERVICE THROUGH EXISTING STREET SERVICE CONNECTION SUBJECT TO A SURCHARGE: SUEZ WATER WESTCHESTER 2525 Palmer Avenue, New Rochelle, New York APPLICATION FOR WATER SERVICE THROUGH EXISTING STREET SERVICE CONNECTION SUBJECT TO A SURCHARGE TO SUEZ WATER WESTCHESTER: occupant The undersigned owner of the premises situated at No. St. in of County of Westchester, State of New York, hereby requests you to furnish water service through the existing street service connection to the above described premises. The undersigned hereby agrees that water service will be supplied by the Company in accordance with its Schedule for Water Service in file in its office in accordance with law and governing the distribution and sale of water in the territory in which the said premises are situated and agrees to pay his proportional share of the surcharge against the main to which such street service connection is subject. The undersigned hereby requests SUEZ WATER WESTCHESTER to send all bills to the following name and address: No. Street Post Office State Attest of Witness: (Signature of Customer) Per (If a corporation or partnership) Title Application Accepted, 20. SUEZ WATER WESTCHESTER

72 PSC No. 1 Water Leaf No. 72 SUEZ WATER WESTCHESTER INC PALMER AVENUE, NEW ROCHELLE, N.Y APPLICATION FOR WATER SERVICE AND A NEW OR REPLACEMENT STREET SERVICE CONNECTION ====================================================================== TO SUEZ WATER WESTCHESTER INC.: owner The undersigned occupant of the premises situated on the side of St., between St., and St., numbered and designated on the tax map of the of as Lot No. Section No. Block No. in of County of Westchester, State of New York, hereby requests you to furnish a street service connection and water service to the above described premises. The premises above described will be occupied by a single family dwelling, family dwelling, family apartment house, garage, filling station (Cross out designations not applicable). The following fixtures will be installed at the above premises: Lavatories Tank toilets Other: Showers with single head Kitchen sinks Showers with heads Laundry tubs Bath tubs Garden hose or Flush toilets Garage connections Subject to the approval of the Company it is proposed to install inch service pipe of from the property line to the building. (Material) Prior Account Number and/or Prior Address What is the water being used for? Is it primarily for Residential purposes? Please include with this application proof of the Applicant's identity and responsibility for water bills for the premises indicated. If a third party applies for service, the third party must submit proof of identity and authorization from the Applicant. All documents become part of the application.

73 PSC No. 1 Water Leaf No. 73 The undersigned hereby agrees that water service will be supplied by the Company in accordance with its Schedule for Water Service on file in its office in accordance with law and governing the distribution and sale of water in the territory in which the said premises are situated. The undersigned hereby requests SUEZ WATER WESTCHESTER to send all bills to the following name and address: No. Street Post Office State Zip Code Attest of Witness: (Signature of Customer) Per (If a corporation or partnership) Title Application Accepted, 20 SUEZ WATER WESTCHESTER

74 PSC No. 1 Water Leaf No FORM OF APPLICATION FOR WATER SERVICE AND A NEW OR REPLACEMENT STREET SERVICE CONNECTION SUBJECT TO A SURCHARGE: SUEZ WATER WESTCHESTER 2525 Palmer Avenue, New Rochelle, New York APPLICATION FOR WATER SERVICE AND A NEW OR REPLACEMENT STREET SERVICE CONNECTION SUBJECT TO A SURCHARGE TO SUEZ WATER WESTCHESTER: occupant The undersigned owner of the premises situated on the side of St., between St. and St., numbered and designated on the tax map of the of as Lot No. Section No. Block No. in of County of Westchester, State of New York, hereby requests you to furnish a street service connection and water service to the above described premises and agrees to pay his proportional share of the surcharge against the main to which such street service connection will be made. The premise above described will be occupied by a single family dwelling, family dwelling, family apartment house, garage, filling station. (Cross out designations not applicable). The following fixtures will be installed at the above premises: Lavatories Showers with single head Showers with heads Bath tubs Flush toilets Tank toilets Kitchen sinks Laundry tubs Garden hose connections Garage connections Subject to the approval of the Company it is proposed to install inch service pipe of from the property line to the building. (material)

75 PSC No. 1 Water Leaf No. 75 The undersigned hereby agrees that water service will be supplied by the Company in accordance with its Schedule for Water Service on file in the office in accordance with law and governing the distribution and sale of water in the territory in which the said premises are situated. The undersigned hereby requests SUEZ WATER WESTCHESTER to send all bills to the following name and address: No. Street Post Office State Attest of Witness: (Signature of Customer) Per (If a corporation or partnership) Title Application Accepted, 20. SUEZ WATER WESTCHESTER BY

76 PSC No. 1 Water Leaf No FORM OF APPLICATION FOR ADVANCE STREET SERVICE CONNECTION: SUEZ WATER WESTCHESTER 2525 Palmer Avenue, New Rochelle, New York APPLICATION FOR ADVANCE STREET SERVICE CONNECTION TO SUEZ WATER WESTCHESTER: occupant The undersigned owner of the premises situated on the side of St., between St. and St., numbered and designated on the tax map of the of as Lot No. Section No. Block No. in of County of Westchester, State of New York, hereby requests you to furnish and advance street service connection to the above described premises because. (State necessity for such connection) It is expected said street service connection will be put into regular use by 20. It is anticipated that the premise above described will be occupied by a single family dwelling, family dwelling, family apartment house, garage, filling station. (Cross out designations not applicable.) The following fixtures will probably be installed at the above premise: Lavatories Showers with single head Showers with heads Bath tubs Flush toilets Tank toilets Kitchen sinks Laundry tubs Garden hose connections Garage connections Subject to the approval of the Company it is proposed to install inch service pipe of from the property line to the building. (material)

77 PSC No. 1 Water Leaf No. 77 The undersigned hereby agrees that the advance street service connection will be installed in accordance with the Schedule for Water Service of SUEZ WATER WESTCHESTER on file in it office in accordance with law and governing the distribution and sale of water in the territory in which the said premises is located. Attest of Witness: (Signature of Customer) Per (If a corporation or partnership) Title Application Accepted, 20. SUEZ WATER WESTCHESTER BY

78 PSC No. 1 Water Leaf No FORM OF APPLICATION FOR WATER SERVICE FROM A FIRE HYDRANT FOR CONSTRUCTION OR OTHER TEMPORARY USE: SUEZ WATER WESTCHESTER 2525 Palmer Avenue, New Rochelle, New York Permission is hereby given SUEZ WATER WESTCHESTER to place a meter connection on Hydrant No. located on in the of New York, for the sole use of such meter connection to be removed as soon as the necessary work is completed. Dated: Fire Chief The undersigned, hereinafter called the Contractor, hereby requests SUEZ WATER WESTCHESTER to furnish a meter connection on the hydrant designated in the above permit, such meter connection to be for his sole use. The Contractor agrees that he will provide a suitable box to protect the meter, that he will not open or close the hydrant, or in any way tamper with the hydrant or meter, that he will notify the Water Company promptly as soon as he is through using the meter connection. The Contractor further agrees that he will pay a charge of Fifteen Dollars ($15.00) per day for the use of the meter connection. The Contractor also agrees to make an advance deposit of Two Hundred Dollars ($200.00) to be held as security by SUEZ WATER WESTCHESTER until all charges are paid, when such deposit will be refunded with interest. Dated: SUEZ WATER WESTCHESTER hereby accepts and approves the foregoing application for meter connection and agrees to install the same in accordance with its Schedule for Water Service. Dated: SUEZ WATER WESTCHESTER BY

79 PSC No. 1 Water Leaf No FORM OF APPLICATION FOR PRIVATE FIRE SERVICE CONNECTION: SUEZ WATER WESTCHESTER 2525 Palmer Avenue, New Rochelle, New York APPLICATION FOR ADVANCE STREET SERVICE CONNECTION TO SUEZ WATER WESTCHESTER: occupant The undersigned owner of the premises situated on the side of St., between St. and St., numbered and designated on the tax map of the of as Lot No. Section No. Block No. in of County of Westchester, State of New York, hereby requests you to furnish and advance street service connection to the above described premises because. The undersigned hereby agrees that private fire service will be furnished by the Company in accordance with its Schedule for Water Service on file in its office in accordance with law and governing the distribution and sale of water in the territory in which the said premises are situated. The Company shall not in any way or under any circumstances be held liable or responsible to him or to any party for any losses or damage resulting from fire or water or other agency which may occur due to the installation or presence of a private fire service connection or any pipe or fixture connected therewith; or for any losses or damage resulting from any leakage or other flow of water from said private fire service connection or any of the pipes or fixtures connected therewith; or for any losses or damage resulting from any excess or deficiency in pressure or supply of water due to any cause whatsoever.

80 PSC No. 1 Water Leaf No. 80 The undersigned hereby requests SUEZ WATER WESTCHESTER to send all bills to the following name and address: No. Street Post Office State Attest of Witness: (Signature of Customer) Per (If a corporation or partnership) Title Application Accepted, 20. SUEZ WATER WESTCHESTER BY

81 PSC No. 1 Water Leaf No FORM OF APPLICATION FOR EXTENSION OF WATER MAIN NOT EXCEEDING SEVENTY-FIVE FEET IN A PUBLIC OR PRIVATE STREET: SUEZ WATER WESTCHESTER 2525 Palmer Avenue, New Rochelle, New York APPLICATION FOR ADVANCE STREET SERVICE CONNECTION NOT EXCEEDING SEVENTY-FIVE FEET SUEZ WATER WESTCHESTER: occupant The undersigned owner of the premises situated on the side of St., between St. and St., numbered and designated on the tax map of the of as Lot No. Section No. Block No. in of County of Westchester, State of New York, hereby requests you to extend your water main in St., to serve the above described premises. This request is made in good faith and in consideration of the Company extending its main as requested the undersigned agrees to take water service from such extension as soon as it is completed. Occupant Owner (Signed) Per (If a Company) Title (Signature of an Officer of Company) Address: No. Street Post Office State The signature of the occupant or owner above is to be witnessed by a duly authorized Notary Public. This will be done without charge at the office of the Water Company in New Rochelle.

82 PSC No. 1 Water Leaf No. 82 STATE OF ) ) SS: COUNTY OF ) On the day of in the year 20 before me personally came who being duly sworn did depose and say that he is the person whose signature appears above as occupant and that he is the owner occupant of ) owner of ) the property referred to herein. duly authorized officer ) of the company occupying ) owning Notary Public SUEZ WATER WESTCHESTER hereby accepts and approves the foregoing application for main extension and agrees that such extension will be made by the Company in accordance with its Schedule for Water Service on file in its office in accordance with law and governing the distribution and sale of water in the territory in which the said premises are situated. SUEZ WATER WESTCHESTER BY

83 PSC No. 1 Water Leaf No FORM OF APPLICATION FOR EXTENSION OF WATER MAIN IN EXCESS OF SEVENTY-FIVE FEET: SUEZ WATER WESTCHESTER 2525 Palmer Avenue, New Rochelle, New York APPLICATION FOR EXTENSION OF WATER MAIN IN EXCESS OF SEVENTY-FIVE FEET TO SUEZ WATER WESTCHESTER: occupant The undersigned owner of the premises situated on the side of St., between St. and St., numbered and designated on the tax map of the of as Lot No. Section No. Block No. in of County of Westchester, State of New York, hereby requests you to extend your water main in St. to serve the above described premises. This request is made in good faith and in consideration of the Company extending its main as requested the undersigned agrees to make water service from such extension as soon as it is completed and represents that he will be a reasonably permanent customer. The undersigned further agrees to pay to the Company its regular rates for water service furnished and in addition thereto a surcharge of twelve per cent (12%) (return, depreciation, taxes and maintenance) per year of the actual reasonable cost of such portion of said extension (excluding the cost of any service pipe and accessories) that is in excess of 75 feet from the end of the nearest water main suitable for the service requested. The 12% surcharge will apply to the actual reasonable cost of the extension in excess of the previously mentioned 75 feet if the said extension is six (6) inches or less in nominal diameter, or if the service requested requires a main larger than six (6) inches in diameter. If the Company installs a main greater than six (6) inches in diameter when not necessary for the service requested, then the 12% surcharge will be applied to the estimated cost of a six (6) inch main. However, if hydrant(s) are connected to the said main extension, the amount of main allowed without surcharge shall be increased 20 feet for each hydrant connected. The surcharge is to be paid ratably at the end of each regular billing period, and shall begin at the date when water service is first available to the Applicant and shall cease ten (10) years from that date.

84 PSC No. 1 Water Leaf No. 84 Whenever more than one Customer shall be connected to said extension, each such additional Customer shall execute an agreement with the Company to pay his proportional share of the surcharge and said surcharge shall be so adjusted as to yield to the Company not more than said twelve per cent (12%) in any one year from all Customers served from said extension and said surcharge will be reasonably allocated to the several Customers served from said extension, taking into account that seventy-five (75) feet of main and a service are to be allowed without surcharge for each Customer and twenty (20) feet of main allowed without surcharge for each hydrant connected thereto. Whenever the number of Customers on said main extension multiplied by seventy-five (75) feet plus the number of hydrants on the said extension multiplied by twenty (20) feet shall equal or exceed the length of the said main extension, or whenever the total revenue in one year from all Customers on the said main extension shall exceed one-fourth (1/4th) of the actual reasonable cost of said main extension if the size of the said extension be six (6) inches or less in nominal diameter or the estimated cost of six (6) inch main if the Company lays a main greater than six (6) inches in diameter, all surcharges shall cease; and no surcharge shall be imposed if the total estimated revenue in one year shall exceed one-fourth (1/4th) of said cost as defined in this paragraph. The undersigned agrees that before this application is accepted or approved by the Company he will first furnish the Company reasonable security as to performance of his agreement.

85 PSC No. 1 Water Leaf No. 85 STATE OF ) ) SS: COUNTY OF ) Occupant Owner (Signed) Per (If a Company) Title (Signature of an Officer of Company) Address: No. Street Post Office State On the day of in the year 20 before me personally came who being duly sworn did depose and say that he is the person whose signature appears above as occupant and that he is the owner occupant of ) owner of ) the property referred to herein. duly authorized officer ) of the company occupying ) owning Notary Public SUEZ WATER WESTCHESTER hereby accepts and approves the foregoing application for main extension and agrees that such extension will be made by the Company in accordance with its Schedule for Water Service on file in its office in accordance with law and governing the distribution and sale of water in the territory in which the said premises are situated. SUEZ WATER WESTCHESTER BY

86 PSC No. 1 Water Leaf No FORM OF APPLICATION FOR LAWN SPRINKLER SERVICE: SUEZ WATER WESTCHESTER 2525 Palmer Avenue, New Rochelle, New York APPLICATION FOR LAWN SPRINKLER SERVICE SUEZ WATER WESTCHESTER: occupant The undersigned owner of the premises situated on the side of St., between St. and St., numbered and designated on the tax map of the of as Lot No. Section No. Block No. in of County of Westchester, State of New York, hereby requests you to furnish a separate service of inches in the size to be connected to the lawn sprinkler system installed on the above described premises. The lawn sprinkler system will consist of the following: No. Size Rate Capacity Heads Gallons In consideration of the Company furnishing the service as requested, the undersigned agrees to undertake and to continue to take said service for each succeeding season for the next ten years, and to deposit with the Company, in advance of installation, the cost of the installation of the service from the main to the property line. Said deposit will not bear interest. If at the expiration of ten full seasons, the service has been in continuous use for the entire period, the deposit shall be returned to me in its entirety. In the event this service is discontinued by me at any time prior to ten full seasons, the Company will charge said deposit with the entire cost of such service, less depreciation at the rate of three per cent (3%) per annum for the period such service has been in the ground and return to me the difference remaining.

87 PSC No. 1 Water Leaf No. 87 The undersigned further agrees to pay for said service at the rates established therefore, and to comply with the Company's rules and regulations on file in its office. STATE OF ) ) SS: COUNTY OF ) Occupant Owner (Signed) Per (If a Company) Title (Signature of an Officer of Company) Address: No. Street Post Office State On the day of in the year 20 before me personally came who being duly sworn did depose and say that he is the person whose signature appears above as occupant and that he is the owner occupant of ) owner of ) the property referred to herein. duly authorized officer ) of the company occupying ) owning Notary Public SUEZ WATER WESTCHESTER hereby accepts and approves the foregoing application for lawn sprinkler service and agrees that such service will be furnished by the Company in accordance with its Schedule for Water Service on file in its office in accordance with law and governing the distribution and sale of water in the territory in which the said premises are situated. SUEZ WATER WESTCHESTER INC. BY

88 PSC No. 1 Water Leaf No FORM OF APPLICATION FOR UNDERGROUND SPRINKLER SERVICE UNDER SERVICE CLASSIFICATION NO. 1 SUEZ WATER WESTCHESTER 2525 Palmer Avenue, New Rochelle, New York APPLICATION FOR UNDERGROUND SPRINKLER SERVICE UNDER SERVICE CLASSIFICATION NO. 1 TO SUEZ WATER WESTCHESTER: 1. The Undersigned (hereinafter called the "Customer") hereby requests the Company to supply water to an underground sprinkler to be installed by the Customer in or under the lawn at premises No. said underground sprinkler to be connected to the Customer s potable water piping system. 2. Attached hereto and made a part hereof is a sketch of the proposed installation showing thereon the area to be sprinkled; the size of the pipe serving the underground sprinkler system; a diagram showing the location and specifications of the double check valve used to connect the underground sprinkler to the potable water system; the volume of water required in gallons per minute required by the greatest number of heads to be operated simultaneously. 3. The furnishing of water service hereunder is subject in all respects, to the provisions of the Company's Schedule for Water Service, on file with the Public Service Commission and at the Company's offices, and to the rules, regulations, terms, and conditions therein set forth, and any amendments thereto, all of which are hereby referred to and made a part hereof. The Customer agrees to pay the rates and to comply with the terms and Special Provisions, set forth in Service Classification No The Customer understands that the Company assumes no responsibility for the adequacy of the service pipe to the premises to supply the underground sprinkler system; the Company assumes no responsibility for the failure or decrease in water pressure and available volume within the premises supplied when such condition is caused by the water demand of the underground sprinkler system; and the Company assumes no obligation to increase, or permit the increase of, the service pipe to the premises to meet the increase in water requirements caused by the operation of the underground sprinkler system.. Signature of Customer

89 PSC No. 1 Water Leaf No FORM FOR EXTENSION OF MAINS FOR REAL ESTATE DEVELOPERS AGREEMENT between SUEZ WATER WESTCHESTER; hereinafter called the "Company", and hereinafter called the "Applicant". WHEREAS Applicant is engaged in the development and sale of a tract of land in and has requested the Company to extend its system in accordance with the map or plan attached hereto, made a part hereof and marked "Exhibit A" and WHEREAS the Company is willing to make such extension upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the premises and of the mutual convents and agreements herein contained, the parties hereto agree as follows: 1. The Applicant hereby applies to the Company for the above extension of its system and the Company agrees to install the said extension in accordance with the terms and conditions hereinafter set forth in its rules and regulations. Upon receipt of the deposit hereinafter described, the Company will proceed with diligence to install the said extension but shall not be responsible for delays occasioned by acts of God, strikes or other labor disputes, governmental restrictions or acts by a public enemy. 2. The Applicant will advance to the Company upon the execution hereof the sum of $, hereinafter referred to as the "deposit", which amount both parties hereto estimate to be the cost of installing the said extension and appurtenances in accordance with the estimate attached hereto and marked "Exhibit B". The Company agrees to refund to the Applicant with interest at the rate currently being paid on Customers' deposits from the date of deposit the excess of the deposit made by the Applicant over the actual cost of the extension when such cost is ascertained. Also the Company may obtain an additional advance from the Applicant when it is established that the final construction cost will exceed the estimate. 3. For the purposes of this agreement, a "Customer" shall mean a person receiving water service at one location, whether or not such service is supplied through more than one service pipe or more than one meter. 4. The amount of the said deposit shall be retained by the Company, without interest, and shall be refunded to the Applicant to the extent hereinafter provided.

90 PSC No. 1 Water Leaf No The Applicant shall be refunded the entire amount of the deposit if the average revenue received for the third, fourth and fifth years for all Customers served by said extension equals 25% of the total cost in installation. 6. The Applicant shall receive a partial refund of the said deposit based on the ratio of the average yearly revenue for the third, fourth and fifth years to 25% of the cost of the entire installation. 7. The amount which the Applicant shall be entitled to have refunded shall be fixed as of the date five years from the date of deposit and no further refund of the deposit or any part thereof shall be made to the Applicant. The refund in no case shall exceed the amount of the deposit. Such refund, if not paid within sixty (60) days after the last billing period immediately succeeding the expiration of the five-year period, shall thereafter bear interest at the rate currently being paid on Customer's deposits WARRANTY OF WATER MAIN EXTENSION APPURTENANCES A WARRANTY, as described below, is hereby being provided this day of by (the Contractor ), with its principal office at to SUEZ WATER WESTCHESTER INC. (the Company ) in connection with Contractor s installation of water main extension(s) in the Company s distribution system and in consideration of the Company s agreement to such installation. WITNESSETH: I. Contractor will be serving as the installation contractor for water main extension(s) of the distribution system of the Company as follows: 2. Contractor agrees that this WARRANTY shall apply to the materials and workmanship used in installing the main(s) described above and the appurtenant fire hydrants and service connections from the said main(s) to the property line of each premises to be served.

91 PSC No. 1 Water Leaf No Contractor hereby warrants that work performed in installing the main and appurtenances is free of any defect of equipment, material or workmanship. Such warranty shall continue for a period of two years from completion and approval of the extension or within such longer period of time as may be prescribed by law. Under this warranty, the Contractor, under Company supervision, shall remedy at his own expense any such failure to conform or any such defect upon receipt of written notice from the Company within a reasonable time after the discovery of any failure, defect or damage. In addition, during the aforesaid warranty period, the Contractor shall remedy at his own expense, under Company supervision, any damage to Company-owned or controlled real or personal property, when that damage is the result of any such defect of equipment, material or workmanship installed by the Contractor. The warranty with respect to work repaired or replaced hereunder will run for the greater of one year from the date of such repair or replacement or the remainder of the original two year period. During the warranty period as defined herein, the Contractor shall reimburse the Company for the costs for any emergency repairs undertaken by the Company to maintain the system in good working order. The Contractor agrees that this warranty is a contract document that may be legally enforced by the Company and its successors and assigns. IN WITNESS WHEREOF, the Contractor has caused this warranty to be executed the day and year first above written. [CONTRACTOR] By Title: (Address) ATTEST:

92 PSC No. 1 Water Leaf No CROSS CONNECTION CONTROL The following provisions are intended to implement the Company's general right to protect its water supply from contamination and more specifically, to implement the cross connection control responsibilities imposed on the Company by the Public Health Law and the State Sanitary Code. A cross connection means a physical connection through which a water supply could be contaminated via the intrusion of a contaminant from the Customer's premises as a result of backflow. Backflow is a reversal in the normal or intended flow of water because of a differential in pressure that causes the flow of water into the distribution system from any source other than its intended source. 1. Upon determination of the Company or the State Commissioner of Health or, when duly authorized, a local Health Department, that a potential for contamination exists and that backflow prevention device is required by provisions then in force under the State Sanitary Code or under guidelines issued by the State Commissioner of Health in force at such time, such device will be provided by and installed at the expense of the Customer. The State Sanitary Code essentially provides that in such event, the Customer shall submit plans prepared by a professional engineer (or architect) licensed and registered in New York State. The Customer shall pay a $ application fee upon the submittal of the plans to the Company. Such plans are to be approved by the State Health Department after review by the Company. The State Sanitary Code also provides that the Customer shall have the protective device tested annually. The Customer will be responsible for all plan submissions, maintenance, testing and reporting procedures required for the device in accordance with the State Sanitary Code. In the event that the installation of the backflow prevention device does not conform to the approved plans, there shall be a $ reinspection fee to confirm compliance with the State Sanitary Code. In the event that the Customer does not perform the testing and reporting procedures for the device in accordance with the State Sanitary Code, the Customer shall be charged a $50.00 surcharge for failure to perform such procedures. 2. The State Health Department Guidelines regarding cross connection control, including a list of typical establishments requiring devices, are available to the Customer upon request. Details of the Company s cross connection program are also available to the Customer upon request. 3. If the Customer disagrees with a finding for the need of a backflow prevention device, the type of device or the amount of time given to submit plans or to install the device, the Customer has the right to appeal to the State Commissioner of Health. The Customer's appeal shall be submitted to the Company and the State Commissioner of Health within 30 days of the notification of the need for the device. The determination of such appeal by the State Commissioner of Health shall be conclusive.

93 PSC No. 1 Water Leaf No The Company may discontinue service to a Customer who fails to comply with the requirements of the State Sanitary Code or the Public Health Law pertaining to cross connections or the finding and/or determination referred to in the preceding paragraph. 5. The Company, through its properly authorized agents and assistants, may request and, upon the consent of the Customer, may enter the premises of any Customer who is supplied with water to examine the pipes and fixtures, backflow prevention devices, the quantity of water used, the manner and nature of water used, types of stored materials, supplies and products, processes, private wells, swimming pools, underground law irrigation systems, fire sprinkler systems, solar heating systems, or any other products or processes which may endanger the quality of the Company's water supply. Alternatively, the Customer may have such an inspection performed by a professional engineer (or architect) licensed and registered in New York State who would certify the results of the inspection to the Company. Certification by non-company inspectors must be to the Company's satisfaction. 6. Water service may be discontinued by the Company for refusal to grant access for the aforementioned purposes, (a) where the Company has a reasonable basis to believe, from the nature or use of such premises, that a determination should be made as to the existence, non-existence or degree of contamination hazard or (b) where the activities there are comparable or similar to those of typical establishments listed in the State Department of Health guidelines as requiring protective devices. However, the Customer will not be subject to discontinuance if, upon the refusal to provide access, he provides a certification by a professional engineer (or architect) licensed and registered in New York State that such device is unnecessary at the premises. Such certification must be to the satisfaction of the Company. 7. The Company may discontinue service to a Customer's premises forthwith in the event of an actual or imminent contamination, pending its abatement, where such contamination threatens the health or safety of persons or the Company's water supply. 43. NOTICE REQUIREMENTS Annual Notice of Rights A The Company will, at the time of application for service and at least once each year after service is extended, provide Applicants and Customers with a brochure containing a detailed description of their rights and obligations.

94 PSC No. 1 Water Leaf No. 94 B C D E If a Customer has a deposit with Company, and accounting for the deposit, showing the interest earned during the current year and the date the deposit was obtained, will be provided annually to the Customer. A notice offering a fixed income billing plan will be provided annually to every Customer known to be on a fixed income. A notice advising a Customer of the applicable rate structure, in accordance with Company's tariff, and offering the Customer a detailed bill calculation upon request, will be provided annually to every Customer. Hazardous Conditions If Company is aware of a hazardous condition that may affect the health and safety of consumers of its water, it will immediately make all reasonable efforts to contact affected parties. 44. INTEREST ON CUSTOMER OVERPAYMENTS The Company shall provide interest on Customer overpayments as follows: 1. A Customer overpayment is defined as payment by the Customer to the Company in excess of the correct charge for water service supplied to the customer which was caused by erroneous billing by the utility. 2. The rate of interest on such amounts shall be the greater of the unadjusted Customer deposit rate or the applicable late payment rate, if any, for the service classification under which the Customer was billed. Interest shall be paid from the date when the Customer overpayment was made, adjusted for any changes in the deposit rate or late payment rate, and compounded monthly, until the date when the overpayment was refunded. 3. This part applies to refunds returned to Customers after August 24, The Company will not pay interest on Customer overpayments that are refunded within 30 days after such overpayment is received by the Company.

95 PSC No. 1 Water Leaf No WATER SERVICE RATE SCHEDULES SERVICE CLASSIFICATION NO. 1 RATE DISTRICT 1 APPLICABLE FOR USE OF SERVICE FOR: Domestic, Commercial, Industrial and Public Uses in the former territory of United Water New Rochelle. CHARACTER OF SERVICE: Continuous. RATE: Applicable to meters read and billed monthly in arrears. For all quantities used in each month the following rates shall apply: Effective Effective Effective 7/1/ /1/ /1/2016 Consumption Charge $ $ $ Per 100 CF (CCF) Purchased Water Charge Per 100 CF (CCF) FACILITY CHARGE: Effective Effective Effective 12/5/ /1/ /1/2016 Meter Size 1/2 & 5/8 $ 9.00 $ $ / & 1-1/ / , , , Terms of Payment: Bills are due and payable when rendered. If the bill is not paid within twenty days after presentation, service may be discontinued after proper notice as required by law. A late payment charge to be computed at the rate of 1.5% per month, compounded monthly, may be applied to all unpaid balances no sooner than 23 days from the mailing of the bill. Bills rendered at the above rates are subject to surcharges, surcredits and adjustment clauses as contained elsewhere in this tariff.

96 PSC No. 1 Water Leaf No. 96 SERVICE CLASSIFICATION NO. 1 RATE DISTRICT 1 (Continued) APPLICABLE FOR USE OF SERVICE FOR: Domestic, Commercial, Industrial and Public Uses in the former territory of United Water New Rochelle. CHARACTER OF SERVICE: Continuous. RATE: Applicable to meters read and billed quarterly in arrears: For all quantities used in each quarter the following rates shall apply: Effective Effective Effective 7/1/ /1/ /1/2016 Consumption Charge $ $ $ Per 100 CF (CCF) Purchased Water Charge Per 100 CF (CCF) FACILITY CHARGE: Effective Effective Effective 12/5/ /1/ /1/2016 Meter Size 1/2 & 5/8 $ $ $ / & 1-1/ / , , , , , , , , Terms of Payment: Bills are due and payable when rendered. If the bill is not paid within twenty days after presentation, service may be discontinued after proper notice as required by law. A late payment charge to be computed at the rate of 1.5% per month, compounded monthly, may be applied to all unpaid balances no sooner than 23 days from the mailing of the bill. Bills rendered at the above rates are subject to surcharges, surcredits and adjustment clauses as contained elsewhere in this tariff.

97 PSC No. 1 Water Leaf No. 97 SERVICE CLASSIFICATION NO. 1 RATE DISTRICT 2 APPLICABLE FOR USE OF SERVICE FOR: former territory of United Water Westchester. Domestic, Commercial, Industrial and Public Uses in the CHARACTER OF SERVICE: Continuous. RATE: Applicable to meters read and billed monthly in arrears. For all quantities used in each month the following rates shall apply: Effective Effective Effective Consumption Charge 7/1/ /1/ /1/2016 First 33 $ $ $ Per 100 CF (CCF) All over Per 100 CF (CCF) Purchased Water Charge Per 100 CF (CCF) FACILITY CHARGE: Effective Effective Effective 12/5/ /1/ /1/2016 Meter Size 1/2 & 5/8 $ $ $12.25 $ / & 1-1/ / Terms of Payment: Bills are due and payable when rendered. If the bill is not paid within twenty days after presentation, service may be discontinued after proper notice as required by law. A late payment charge to be computed at the rate of 1.5% per month, compounded monthly, may be applied to all unpaid balances no sooner than 23 days from the mailing of the bill. Bills rendered at the above rates are subject to surcharges, surcredits and adjustment clauses as contained elsewhere in this tariff.

98 PSC No. 1 Water Leaf No. 98 SERVICE CLASSIFICATION NO. 1 RATE DISTRICT 2 (Continued) APPLICABLE FOR USE OF SERVICE FOR: former territory of United Water Westchester. Domestic, Commercial, Industrial and Public Uses in the CHARACTER OF SERVICE: Continuous. RATE: Applicable to meters read and billed quarterly in arrears. For all quantities used in each quarter the following rates shall apply: Effective Effective Effective Consumption Charge 7/1/ /1/ /1/2016 First 99 $ $ Per 100 CF (CCF) All over Per 100 CF (CCF) Purchased Water Charge Per 100 CF (CCF) FACILITY CHARGE: Effective Effective Effective 12/5/ /1/ /1/2016 Meter Size 1/2 & 5/8 $ $ $ / & 1-1/ / , , , , , Terms of Payment: Bills are due and payable when rendered. If the bill is not paid within twenty days after presentation, service may be discontinued after proper notice as required by law. A late payment charge to be computed at the rate of 1.5% per month, compounded monthly, may be applied to all unpaid balances no sooner than 23 days from the mailing of the bill. Bills rendered at the above rates are subject to surcharges, surcredits and adjustment clauses as contained elsewhere in this tariff.

99 PSC No. 1 Water Leaf No. 99 Applicable to both RATE DISTRCT 1 and 2 SPECIAL PROVISIONS: SERVICE CLASSIFICATION NO. 1 (Continued) 1. Service to an underground lawn sprinkler system will be furnished under Service Classification No. 1, subject in all respects to the definitions, restrictions and limitations hereinafter contained, all water furnished therefore to pass through and be registered by the water meter on the premises. (a) (b) (c) (d) Connection of the underground lawn sprinkler system may not be made directly to the water piping within the building. The Customer shall install a testable double check valve between the water piping at the Customer premise and the underground lawn sprinkler system of make approved by the Company. The valve shall be connected only in the manner shown in Leaf No. 92 hereof. The term "section" as used herein shall mean the total number of spray heads connected at one time to one underground lawn sprinkler system which number of spray heads will receive water simultaneously from said connection. Every Applicant for underground lawn sprinkler system service shall file an application with the Company for permission to install and operate a system. The application shall have attached thereto a sketch of the proposed installation showing thereon the area to be sprinkled; the size of the pipe serving the system; the number of spray heads in each and every section; the number of sections to be connected to the system; the volume of water required in gallons per minute for each separate section and the water volume in gallons per minute required by the greater number of heads to be operated simultaneously. The application and sketch shall be accompanied by a $14.22 inspection fee. The Company assumes no responsibility for the adequacy of service pipe to the premises to supply the underground lawn sprinkler system; the Company assumes no responsibility for the failure or decrease in water pressure and available volume within the premises supplied when such condition is caused by the water demand of the underground lawn sprinkler system; and the Company assumes no obligation to increase, or permit the increase of, the service pipe to the premises to meet the increase in water requirements caused by the operation of the underground lawn sprinkler system.

100 PSC No. 1 Water Leaf No. 100 SERVICE CLASSIFICATION NO. 1 (Continued) (e) (f) (g) (h) The underground lawn system shall comply in all respects with all Company rules and regulations and shall comply in all respects with the Sanitary Code of the State of New York. The Company shall have the right, after installation of the underground lawn sprinkler system, to examine the installation to ascertain its capacity and compliance with the Company's rules and regulations and with the Sanitary Code. The Company shall assign to the Applicant specific days and specific hours during which the underground lawn sprinkler system may be operated and it shall not be operated at any other times. Service to an underground lawn sprinkler system may be charged a meter reset fee in accordance with Section 41.1.

101 PSC No. 1 Water Leaf No. 101