New York Consolidated Laws, Public Service Law - PBS § 112-a. Appointment of temporary operator

(i) a failure to provide safe, adequate, or reliable service;

(ii) a lack of technical, financial, or managerial capacity or ability to provide the service;  or

(iii) actual or effective abandonment of any service or portion thereof.

(i) the financial, managerial, and technical ability of the gas corporation or water-works corporation;

(ii) the financial, managerial, and technical ability of persons or entities providing the same type of service;

(iii) expenditures necessary to make improvements to assure compliance with applicable statutory and regulatory standards;  and

(iv) any other matter that the commission deems relevant.

(i) is not an affiliated interest of the gas corporation or water-works corporation;

(ii) agrees to operate the gas corporation or water-works corporation under the terms and conditions established by the commission;  and

(iii) is financially, managerially, and technically capable of operating the gas corporation or water-works corporation in compliance with applicable standards.