LIPA oversight bill nears Senate vote

Legislation that would allow LIPA ratepayers to file complaints about the utility with the state Consumer Protection division can't come fast enough for Esther Mastey.

The Long Beach resident said she has spent the past year battling the Long Island Power Authority for a refund after she mistakenly was billed as a commercial customer for 11 years.

Currently, LIPA and its contractor, National Grid, field all complaints. "I sent them a complaint. I don't know where to go, what to do," Mastey said.

The LIPA Oversight and Accountability Act, which would pave the way for Consumer Protection handling LIPA complaints and other measures, is making its way to a vote in the State Senate as soon as this week. If passed, it could be signed by Gov. Andrew M. Cuomo, whose staff reached the legislative compromise, in early February. The bill, sponsored by Assemb. Robert Sweeney (D-Lindenhurst) and Sen. Kenneth LaValle (R-Port Jefferson), has passed the Assembly.

The Consumer Protection division said it is ready for the potential onslaught expected from the addition of 1.1 million Long Island ratepayers.

"We are prepared for any increase in consumer complaints that may result from the passage of the LIPA Accountability Act," said Chris Valens, a spokesman for the Department of State, which oversees Consumer Protection.

LIPA spokesman Mark Gross declined to comment on the pending state legislation, saying it would be "premature to discuss any plans since the legislation is still in progress."

Some are questioning whether the new measure would give the Consumer Protection division power over LIPA. In a posting this week, the Suffolk Legislature's LIPA oversight committee argued that the bill "relies on LIPA voluntarily cooperating with an agency having no formal regulatory authority over it."

But Valens said the new legislation, when signed, will "statutorily empower us to act on behalf of consumers in situations involving LIPA and mediate or refer these complaints to the state or local agency authorized to take action."

Sal Mazzaro, a Lynbrook resident with an ongoing dispute with LIPA over his alleged misclassification as a commercial customer, said he welcomed the new bill and plans to refile his complaint, which LIPA rejected on appeal. "I'll tell you, there are going to be a lot of complaints," he said. "A lot of people came out of the woodwork because of our complaint."

Mastey said she already has called the Consumer Protection division, which she said promised to mail her a complaint form and to pursue the matter. She is seeking a refund for years of what she calls overpayments as a commercial customer, with monthly electric bills frequently more than $1,000. LIPA said it is in the process of changing the rules governing how it classifies residential customers with separate apartments, though Mastey says she's never rented space in her home.