What Does the Annual Non-Firm Gas Affidavit Require?
Non-firm gas customers are required to file an annual interruptible affidavit by October 1st every year. This required utility affidavit confirms:
- Your alternative fuel supply contract is in place for the upcoming heating season
- Your on-site fuel storage, total storage capacity, and estimated peak days of fuel supply on hand
What Happens If You Miss the October 1st Affidavit Deadline?
The annual interruptible service affidavit is due by October 1st. If the affidavit remains unfiled on November 1st, daily penalties begin to accrue:
- $100/day for low-volume customers (under 1,000,000 therms annually)
- $1,000/day for high-volume customers (1,000,000+ therms annually)
These penalties continue to accumulate each day until the affidavit is filed. For a high-volume customer, just two weeks of penalties after November 1st can add up to $14,000, before a single interruption event has even occurred.
What Happens If You Don’t Switch Fuels During a Gas Interruption?
When a utility issues an interruption notice, non-firm customers are required to stop natural gas consumption and switch to their alternative fuel. Failing to do so carries consequences beyond the daily filing penalty:
First failure: Unauthorized gas use during an interruption can result in substantial additional charges. For Con Edison customers, gas consumed above the permitted ignition allowance is billed at the higher of nine times the applicable monthly interruptible gas rate or two times the cost of gas plus the applicable delivery rate.
Repeated failures: Consequences become more serious after multiple interruption violations and vary by utility. Con Edison customers who fail to comply with two interruptions during a heating season can be transferred to firm service for the remainder of the heating season plus an additional 12 months. National Grid customers with two violations in one winter season are required to apply for firm service and may face additional remediation, monitoring and compliance requirements.
Equipment problems do not automatically exempt a customer from unauthorized-use charges. If your tank is empty or your system cannot switch when required, significant charges may still apply. Some utilities provide limited exceptions from additional violation consequences when specific notification, repair and documentation requirements are met.
How Much Can Non-Firm Gas Non-Compliance Actually Cost?
These costs are not hypothetical. Below are redacted National Grid invoices and correspondence from actual customer situations showing what non-firm gas non-compliance can look like in practice.
Click any document to view a larger version.
Sample documents have been redacted to remove identifying customer information.
How Can Energo Help With Non-Firm Gas Compliance?
Energo works with non-firm gas customers across New York City to manage every part of the compliance process:
- Interruptible affidavit preparation and submission
- Alternative fuel supply contracts
- Pre-season heating oil delivery and tank fills
- Dual-fuel burner and switching equipment inspections
- Post-interruption fuel replenishment
Whether you need help filing for the first time or want a partner to handle it every year going forward, we can take the process off your plate.
Contact us today to get started before the October 1st deadline.
Not sure whether your building is on non-firm gas service? We can help you find out. Reach out before the deadline and we will review your service agreement at no charge.
What Does Non-Firm Gas Non-Compliance Actually Cost?
If your building runs on natural gas in New York City, you may be on a non-firm (interruptible) service agreement — and if so, October 1 is a hard compliance deadline you cannot afford to miss.
How to Switch Heating Oil Companies in NYC Before Winter
If you’re thinking about switching heating oil companies before winter, the process is usually manageable. The important part is getting the timing right.
Before ending service with your current provider, review any existing agreement, confirm that your new heating oil company serves your address, choose how you want future deliveries handled, and make sure the transition is coordinated before your tank gets too low.