Current through Register Vol. 49, No. 2, February 2024
DEFINITIONS
Answered
Answered means that an employee or automated system is ready to provide
assistance and accept the information necessary to process the call and is not
simply an acknowledgment of the customer.
Applicant
Any person or entity requesting utility service, except as excluded by
the Exception in the Commission's General Service Rules, Section 3.01.B.
Automated System
A menu driven, automated, interactive, answering system which includes
the option of transferring to an employee.
Business Office
A utility office where an individual may arrange for service
connection, make or arrange to make payments on his bill, and ask questions
regarding service or the status of his account.
Busy-out Rate
The number of calls to a call center that received a busy signal
divided by the number of calls that were attempted.
Call Center
A centralized operation staffed and dedicated to responding to
telephone calls from retail customers regarding service, billing, outages, and
other issues concerning regulated utility service.
Calls Attempted
Calls received plus the total number of busy calls.
Calls Busy
Calls attempted by customers to the utility's call center that receive
a busy signal.
Calls Received
Calls that have entered the customer premise equipment or telephone
system of a utility call center.
Character of Service
The distinguishing features that identify the type of service provided
to the customer, for example, three-phase service or call waiting
service.
Class of Service
A customer group which has similar characteristics such as volume of
use, time of use, extent of use and nature and purpose of use, as classified by
the utility and approved by the Commission for ratemaking purposes. For
example, the commercial or residential class of service.
Closed or "Fxnaled" Account
A permanent shut-off of service by a utility to a customer
account.
Commission.
The Arkansas Public Service Commission.
Complaint
Any objection from an applicant or customer concerning a charge,
facility, rule, service, or other Commission-regulated activity that
requires:
(1) an investigation or an
account review; and
(2) corrective
action by a utility.
EXCEPTIONS:
Trouble reports, as defined in the Commission's Special Rules, shall
not be considered complaints under this definition.
Customer
Any person or entity who has applied for and agreed to pay for utility
service.
Deposit
An amount paid to a utility by an applicant or customer to guarantee
payment for utility service.
Display
To have an item conspicuously available for public inspection in the
public reception area of each utility business office.
Elderly Person
A residential customer who is at least 65 years old.
Estimated Bill
Any bill which does not reflect an actual meter reading for gas, water,
or electric service. Any actual meter reading for electric, gas, or water
service which is changed by a utility before billing shall also be considered
an estimated bill.
Extended Due Date
Regular monthly extension or change of a bill's due date by a
utility.
Failure to Pay
Failure to pay includes payment by check, other negotiable instrument,
or automatic draft that is dishonored by a bank for reasons other than bank
error.
Individual with Disabilities
Any residential customer who is certified to the utility as having a
severe physical or mental impairment which substantially limits his ability to
pay for utility service. Certification shall be provided by a physician,
licensed psychologist, the United States Veterans Administration, the Social
Security Administration, the Arkansas Department of Human Services, the
Arkansas State Hospital, or a licensed mental health center.
Insufficient Funds Check
Any negotiable instrument such as a check or automatic bank draft
dishonored by a bank for reasons other than bank error.
Interest
Interest rate set annually by the Commission for customer deposits as
required by Ark. Code Ann. §
23-4-206(b).
Interruption of Service
Temporarily stopping service for maintenance, testing, repair, or
safety.
Kind of Service
Either electric, natural gas, water, or sewer service.
Landlord
The owner, agent, manager, or lessor of premises who receives lease,
rent, or other payments which include amounts for utility service.
Outage
An unplanned temporary loss of utility service caused by a malfunction
of or damage to utility facilities.
Payment Agent
A business located in the community which acts as an agent for the
utility by accepting utility payments from customers.
Payment Date
The date the utility or its authorized agent receives payment on an
account.
Physician
Any person licensed to practice medicine by the Arkansas State Medical
Board or a comparable licensing authority of another state.
Public Utility or Utility
A jurisdictional utility as defined by Ark. Cade Ann. §
23-1-101.
Rider
A tariff which includes an addition or amendment applicable to one or
more rate schedules.
Rules or Commission Rules
These General Service Rules.
Serious Medical Condition
An illness or injury which results in a physician's determination that
the loss of utility service would give rise to a substantial risk of death or
gravely impair health. A serious medical condition shall exist in the case of
elderly persons or infant children under the age of 12 months if a physician
certifies that the loss of utility service will gravely impair health,
regardless of the current existence of illness or injury.
Special Rules or Commission's Special Rules
Special Rules-Electric, Special Rules-Water, or Special
Rules-Gas.
Suspension of Service
A temporary shut-off of service by a utility without a customer request
-- not an outage or an interruption of service.
Tariff
A rate schedule, service regulation, or other document required to be
filed as a tariff by the Commission's^ Rules of Practice and Procedure and
approved by the Commission or by operation of law.
Utility Service
Service provided by a public utility and subject to regulation by the
Commission.
SECTION 1.
APPLICABILITY AND SCOPE
Rule
1.01.
Applicability
These Rules shall apply to all whose activities bring them under the
jurisdiction of the Commission except for telecommunications providers.
Rule 1.02.
Purpose and Scone
A. These Rules set forth standards for
service by each utility. These Rules are intended to ensure adequate service,
prevent discrimination and unfair practices, and protect both the consumers and
utilities from unreasonable demands.
B. Any general utility service regulation,
policy, procedure, rule, or service application, except those approved in
special contracts by this Commission, that conflicts with these Rules is void
and unlawful, unless the utility files a formal application for an exemption
and the Commission approves it. These Rules are not intended to, and do not,
affect or replace any Commission-approved general service regulation, policy,
procedure, rule, or service application of any utility which addresses items
other than those covered in these Rules.
C. Unless the context otherwise requires,
wherever the masculine gender is used in these Rules, it shall include the
feminine gender.
D. Unless the
context otherwise requires, wherever the singular form of a word is used in
these Rules, it shall include the plural form, and wherever the plural form is
used, it shall include the singular.
Rule 1.03.
Exemption from
Rules
Amendments or exemptions to the Commission's Rules may be granted by
the Commission in conformity with the Commission's Rules of Practice and
Procedure, or as otherwise provided within these Rules.
Rule 1.04.
Duties Under the
Law
These Rules shall in no way relieve any person or entity of any duty
under the laws of the State of Arkansas or the United States of America.
Rule 1.05.
Discrimination Prohibited
A utility shall not unlawfully discriminate against an applicant for
service or an existing customer in the provision of utility service based on
race, color, creed, religion, national origin, sex, marital status, or receipt
of public assistance.
Rule
1.06.
Retaliation Prohibited
A utility shall not retaliate against any applicant or customer for
exercising a right or enforcing an obligation created by any Commission Rule or
for acting within the law.
Rule
1.07.
Availability of Rules
A.
Utilities
(1)
To Employees
Utility employees who are responsible for the application and
explanation of any of these Rules shall have ready access to those Rules which
apply to their respective job responsibilities. Ready access to the Rules means
that they are easily accessible to a utility employee in his work area at the
utility's offices.
(2)
To Members of the Publica.
Notice to Public
Each utility business office shall post an 8 and ½ inch by 11
inch notice stating that these Rules are available for public use. The notice
shall be in the following form and will be provided through the Commission's
Consumer Services Office:
NOTICE TO CUSTOMERS
The Arkansas Public Service Commission governs many areas of customer
service for this utility. The Commission' s Rules contain important information
about rights and responsibilities for applicants and customers. Copies of the
Commission's Rules and Commission-approved company tariffs and service
regulations are on display in this office and are available for public
inspection. A copy of any pertinent part of these Rules, tariffs, or service
regulations is available to applicants and customers upon
request.
b.
Availability of Rules
These Rules and any approved additions, revisions, or exemptions to
these Rules shall be on display in each utility business office and be
available for inspection. Each utility shall provide a copy of any pertinent
part of these Rules to an applicant or customer upon request.
B.
Arkansas Public Service Commission
These Rules shall be on display and available for inspection in the
Office of the Secretary of the Commission. A copy of the Rules will be provided
to any member of the public upon request.
SECTION 2.
CUSTOMER
RELATIONS
Rule 2.01.
Information on Utility Service
A.
Printing Requirements
(1) Each utility shall provide the
information required in Rule 2.01. B. in the form of one or more
brochures.
(2) The information
required in Rule 2.01,B. shall be in plain language and printed in a format
that is easy to read and understand. The information shall also state in bold
print that the Arkansas Public Service Commission requires utilities to provide
this information.
B.
Information Requirements
Each utility shall provide the following information based on the class
of service:
(1) A list and description
of all rates for basic service, riders, discounts, options , and other
information which would affect the choice of service within the service
class;
(2) A list and description
of all approved fees and charges;
(3) All billing plans and options available
to the customer, such as levelized billing, extended due date policy, and sales
tax exemptions;
(4) A summary of
rules and procedures for the payment, refund, and guarantee of
deposits;
(5) A summary of billing
and estimated billing rules and procedures;
(6) An itemized bill description, if not
shown on the bill;
(7) Procedures
for verifying the accuracy of a bill;
(8) A description of any automatic adjustment
charge;
(9) When service is billed
by meter, instructions on how to read meters;
(10) A summary of the rules and procedures
for paying bills to include payments made to authorized payment
agents;
(11) A summary of the
delayed payment agreement rules and procedures -- information on delayed
payment agreements shall say that a customer who is having difficulty paying a
utility bill may, if qualified, make payments in installments;
(12) A summary of the rules and procedures
for suspension, reconnection, and termination of service;
(13) The options available to customers to
avoid shut-off of service when a customer is away for an extended
period;
(14) A summary of the rules
and procedures for giving someone else notice before shutting off a customer's
service (Third-Party Notification procedures);
(15) A summary of the rules and procedures
for helping households avoid shut-off when there is a serious medical
condition, elderly customer, or a customer who is an individual with
disabilities;
(16) A summary of the
shut-off rules and procedures for landlords and tenants;
(17) The utility's local and/or toll-free
telephone numbers, the address of the utility business offices for that area,
and a statement that the customer may contact the utility for a list of
authorized payment agents in the customer's area;
(18) Procedures for making a complaint to the
utility and the Commission;
(19)
Toll-free and local telephone numbers of the Commission and the mailing and
street address of the Commission; and,
(20) A statement that these Rules are on
display and available through each utility business office.
C.
Distribution
Requirements
(1)
To
Applicants
Each, utility shall give all information required by Rule 2.01. to
each, applicant.
(2)
Business Office Displays
Each utility shall prominently display all information required under
Rule 2.01. in all business offices open to the public.
(3)
On Request
Each utility shall provide the information required under Rule 2.01. to
anyone upon request.
(4)
To Commission
A current copy of all information required by Rule 2.01. and any
revisions to that information shall be provided to the Commission's Consumer
Services Office.
D.
Utility Tariffs
Each utility business office shall keep on file and, upon request,
provide access to its current Commission-approved tariffs. Suitable and
conspicuous signs shall be posted at each location informing the public that
copies of the utility's Commission-approved rates and service regulations are
available for inspection. See Rule 1.07.A.(2). (Ark. Code Ann. §
23-4-106.)
Rule 2.02.
Directory Iisting for Utility Billing and
Services
Each utility shall list, in the directory of each telecommunications
provider which provides basic local service in any area it serves, the
telephone numbers that customers may call toll-free to report problems or ask
about bills or services. A collect call from a customer accepted by the utility
is considered to be a toll-free call.
Rule 2.03.
Customer Notice
of Rule and Service changes
A. The General Staff of the Commission will
provide each utility with an annual summary of Commission-approved changes to
the General Service Rules. Each utility shall advise its customers at least
annually of the changes to those Rules. The General Staff's summary will not be
legally binding.
B. If a utility
intends to change the character or type of service in a way that would
substantially affect the provision of the service or the operation of any
device, appliance, or equipment/ it shall notify all affected customers by
mail, bill insert, or other reasonable medium at least 30 days before the
change.
Rule 2.04.
Service, Usage, and Billing History
Information
Customers or former customers shall be able to obtain the following
information through their local utilities' business offices upon
request:
A. A statement of the
customer's account record as recorded under Rule 7.02. The customer shall be
informed at the time of the request of any Commission-approved charge for the
statement.
B. For electric and gas
utilities, a clear and concise statement of actual energy consumption by the
customer for each billing period during the prior 13 months. Where applicable,
actual consumption shall be characterized as on-peak and off-peak consumption.
Load data or information kept or recorded by the utility shall be provided to
the customer upon request. The customer shall be informed at the time of the
request of any Commission-approved charge for the statement or the load
data.
C. Such information and
assistance as is reasonable in order that the customer may secure safe and
efficient service and may secure appliances properly adjusted to the service
furnished.
Rule 2.05.
Customer Service
A.
Service Requirements
Utility personnel who serve the public shall be familiar with the
content of all Commission Rules which apply to their respective job
responsibilities. Utility personnel shall serve the public promptly and
courteously.
B.
Customer Access to Business Office Personnel
(1) Each utility shall have personnel
available at all times during business hours with the authority to make delayed
payment agreements and handle customer questions and complaints.
(2) All customers shall have toll-free
telephone access to the appropriate business office. A collect call from a
customer accepted by the utility is considered to be a toll-free
call.
C.
Payment
Arrangements - Customer Information and Referral
When a customer informs a utility that he will have difficulty paying a
bill, the utility shall offer to;
(1)
Inform the customer of his rights and obligations under Rule 6.13. covering
delayed payment agreements; and,
(2) Refer the customer to personnel with the
authority to make payment arrangements for the utility as required under Rule
6.13.
D.
Call
Center Operations - Utility Response Requirements
These Rules shall apply to each call center that handles calls from
Arkansas customers.
(1) All utility
call center response requirements as set out in these Rules shall be measured
monthly on the basis of a twelve-month rolling average ending with the most
recent month. The twelve-month rolling average shall be calculated using actual
performance data rather than as an average of each month's performance.
a. During normal call center business hours,
eighty percent of all calls received shall be answered within 30
seconds.
b. During normal call
center business hours, the average speed to answer time for all received calls
that are answered shall not exceed 30 seconds.
c. During normal call center business hours,
a customer using an automated system shall at any time have the option to speak
to an employee. Eighty percent of all such calls shall be answered by an
employee within 30 seconds of the customer's election.
d. During normal call center business hours,
the busy-out rate shall not exceed 5%.
(2) Within 25 seconds of each call being
received, automated systems shall allow customers to indicate that they are
reporting a condition that is a clear threat to public safety. Each utility
shall determine monthly whether it is meeting this standard.
(3) Each call determined by the utility to be
a clear threat to public safety shall be given the highest priority and
answered by the next available employee. Each utility shall determine monthly
whether it is meeting this standard.
(4) In determining compliance with this Rule,
reasonable considerations shall be given to any extraordinary circumstances
that may have existed during the measurement period.
Rule 2.06.
Complaints to the Utility
A utility shall fully and promptly investigate all complaints.
Utilities shall ensure that personnel follow these procedures and meet these
standards:
A.
Personnel
Utility employees responsible for dealing with the public shall
promptly handle complaints or refer them to someone who can handle the
complaint. When practical, employees whose primary duties involve collections
shall not investigate billing complaints.
B.
Complaint Records
Utilities shall record all complaints and keep the record as required
by Rule 7.04.
C.
Form
of Complaint
A customer shall not be required to visit the business office to make a
complaint. A customer may make a complaint either orally or in written
form.
D.
Effect of
Complaint on Suspension
(1) When a
customer disputes a utility' s reason for shutting off service, the utility
shall not suspend service while the utility or the Commission processes the
complaint. If the utility's reason for shutting off service is Rule 6.01. A.,
D., E., F., H., 0., or Q., the customer may be required to post a deposit with
the utility equal to the disputed amount while the utility or the Commission
processes a complaint. The customer must pay any undisputed amounts by the date
printed on the most recent shut-off notice to avoid suspension of service. If
the utility is in error, the deposit will be promptly refunded with
interest.
(2) The utility may waive
the deposit allowed by this Rule.
(3) Nothing contained in Rule 2.06.D. (1)
shall prevent a customer who fails to post a deposit under this Rule from
complaining to the Commission, but such action shall not affect the utility's
right to suspend service.
(4) The
utility may suspend service for some other valid reason set out in Rule 6-01.
while the utility or the Commission processes the
complaint.
E.
Report
(1) A utility shall
report, either by telephone, mail, or in person, the results of its
investigation to a complainant within 3 business days of its
completion.
(2) If the utility does
not resolve the complaint, the utility shall:
a. advise the complainant of his right to
complain to the Commission without incurring a filing charge;
b. include the mailing and street address and
telephone numbers (local and toll-free) of the Commission's Consumer Services
Office; and,
c. advise the
complainant that he may still ask the Commission to review the complaint after
suspension.
Rule 2.07.
Complaints tip
the Commission
A.
Informal Complaints
(1)
Information Required
Complaints may he in written or oral form. Complainants shall give a
name, address, name of the utility involved, account number if known, detailed
description of the complaint, and the desired result.
(2)
Notice to Customer and
Utility
Within 3 business days after receiving an informal complaint, the
Commission shall:
a. explain complaint
procedures to the complainant by telephone or in writing; and,
b. provide the details of the complaint to
the utility.
(3)
Utility Contact for Complaints
Each utility shall give the Commission's Consumer Services Office a
current list of personnel who answer Commission questions about complaints. A
utility representative with the authority to process Commission questions about
complaints must always be available during business hours.
Utilities shall immediately report any change in the contact personnel
to the Commission' s Consumer Services Office.
(4)
Commission. Requests for
Information
a. Under Ark. Code Ann.
§
23-2-309
the Commission may, at any time, require a utility to furnish any information
which may be in its possession concerning rates, tolls, fares, charges, or
practices used in conducting its service.
b. Requests may include, but are not limited
to, copies of correspondence, internal memoranda, and reports to the customer;
and, an itemized billing history which includes all billed amounts, applicable
billing and due dates, information contained on shut-off notices, customer
payments, suspensions, and reconnections.
(5)
Utility Responses to Requests for
Informationa. A utility shall respond
to Commission requests for information concerning any complaints as quickly as
possible but not later than 15 calendar days after receipt.
b. The utility shall respond directly to the
Commission and shall not initiate contact or correspond with the complainant,
unless first authorized by a representative of the Commission's Consumer
Services Office.
(6)
Effect Of Complaint on Suspension
a. When a customer disputes a utility's
reason for shutting off service, the utility shall not suspend service while
the utility or the Commission processes the complaint. If the utility's reason
for shutting off service is Rule 6.01.A., D., E., F., H., O., or Q., the
customer may be required to post a deposit with the utility equal to the
disputed amount while the utility or the Commission processes a complaint. The
customer must pay any undisputed amounts by the date printed on the most recent
shut-off notice to avoid suspension of service. If the utility is in error, the
deposit will be refunded with interest.
b. The utility may waive the deposit allowed
by this Rule,
c. Nothing contained
in Rule 2.07.A. (6)a. shall prevent a customer who fails to post a deposit
under this Rule from filing a formal complaint with the Commission.
d. The utility may suspend service for some
other valid reason set out in Rule 6.01. while the utility or the Commission
processes the complaint.
(7)
Commission Investigation and
Report
The Commission shall investigate each informal complaint, issue an
informal complaint investigation report to the complainant, and notify the
utility of the results of the investigation. The Commission will provide the
utility a copy of any written investigation report given to the
complainant.
(8)
Disputed Results
The utility or the complainant may file a formal complaint if not
satisfied with the informal complaint results. The Commission shall provide
information to the complainant which explains formal complaint
procedures.
B.
Formal Complaints(1)
Who
May File
a. Any chamber of commerce or
board of trade, mercantile, agricultural, or manufacturing association, any
public utility, any municipality, any customer of a public utility, any person
unlawfully treated by a public utility, or any public utility unlawfully
treated by a customer, may complain to the Commission in writing.
b. Any consumer or prospective consumer of
any utility service may complain to the Commission about the service,
furnishing of service, or any discrimination in service or rates. (Ark. Code
Ann. §
23-3-119.)
(2)
Procedures
a. Complaints must first be made to the
utility before they are made to the Commission.
b. The complaint shall be filed according to
the Commission's Rules of Practice and Procedure. Sample copies of formal
complaints and instructions are available from the Commission.
SECTION
3.
APPLICATION FOR SERVICE
Rule
3.01.
Application for
Service
A.
Application Methods
New service, additional service, transfer of service, or a change in
service may he requested in writing, or, at the discretion of the utility,
orally by telephone.
B.
Record of Application
Each utility must keep a record of each written or verbal application
for utility service as required by Rule 7.01. of these Rules.
EXCEPTION:
Gas and water utilities (which do not have an allocated territory) are
not required to consider "requests for service when it is not feasible to
provide the facilities" as applications for service. These requests for service
shall be maintained in a file for 2 years but are not covered by other
requirements of Rule 3.01.
C.
Precedence of Service
Utilities shall not unreasonably discriminate in processing
applications for service. Priority shall be given to applications involving
medical emergency, and public health and safety.
D.
Connection Deadlines
Utilities shall connect service within the time frames required by the
applicable Commission Special Rules.
E.
Information Provided at Time of
Application(1)
Explanations and
Assistancea. A utility shall offer to
inform applicants about all rates, payment plans, and equipment options
available for the applicant's class of service.
b. A utility shall explain how often a
customer's bill is mailed and when the bill is considered past due.
c. If a utility requires a cooperative
membership fee, a security deposit or guaranty for the applicant to receive
service, the utility shall explain requirements and payment options.
(2)
Expected Service
Date
When an applicant requests utility service, a utility shall provide an
expected service date according to the service connection procedures in the
applicable Commission Special Rules.
Rule 3.02.
Application Form
- Submission Requirements
A current copy of the form to be used for the application for service
and any revisions to that form shall be provided to the Commission's Consumer
Services Office.
Rule 3.03.
Extension of Service
A.
Requirements for Extension of
Service(1) Extension of facilities
shall be made according to:
a. the
requirements in the Commission' s Special Rules;
b. the Extension of Service Agreement set out
in Subsection B. of this Rule if the applicant is required to pay any cost;
and,
c. the utility's approved
extension of facilities tariff as required by the Commission's Rules of
Practice and Procedure.
(2) The cost of the extension shall be based
on the most economically feasible route from the utility' s nearest point of
connection to the applicant's point of delivery, consistent with sound
engineering design for the utility system.
(3) If the utility sizes facilities in excess
of the applicant's requirements for service, any cost to be paid. by the
applicant shall be adjusted to reflect only the cost of his service
requirements.
B.
Extension of Service Agreement
If service will be provided, within 30 days of receipt of the
application for service the utility shall provide the Extension of Service
Agreement to the applicant and explain any payment options. If additional time
is needed by the utility during this 30-day period, the utility will notify the
applicant in writing of the reason for delay.
If a cost to the applicant will be required to extend service, the
utility may require the applicant to sign an Extension of Service Agreement
before construction begins.
The Extension of Service Agreement shall include the following:
(1) Name and address of the
applicant;
(2) Date of
application;
(3) Location and
description of the service point;
(4) A summary of the engineering study, if
any;
(5) A sketch of the
construction route;
(6) Explanation
of all costs in reasonable detail;
(7) Estimated starting date of
construction;
(8) Estimated
completion date of construction;
(9) Terms of payment; and,
(10) Customer reimbursement by utility, if
applicable.
C.
Sharing the Extension
Each utility shall make reasonable efforts to identify and notify
residents and businesses in the general area of a proposed extension of service
and give them an opportunity to participate in the extension. If a cost to the
applicants will be required to extend service, the utility may require each
applicant to sign an Extension of Service Agreement before construction
begins.
Rule
3.04.
Refusing Service
A.
Reasons for Refusal
A utility may refuse service to an applicant only for the following
reasons:
(1) A bill from the utility
for the same kind of utility service remains unpaid in the applicant's name;
EXCEPTION:
A utility may not refuse utility service to an applicant because of
unpaid bills for merchandise or non-utility services purchased, rented, or
leased from or through the utility.
(2) Application for service following the
relocation of the applicant and a former customer to new premises from premises
where a bill remains unpaid for service which was provided to the former
customer while the applicant was a full-time occupant;
(3) Application for service at premises where
there is an unpaid utility bill and where:
a.
the former customer who owed the bill remains at the premises;
b. a full-time occupant of the premises when
the bill was incurred remains at the premises; or,
c. a full-time user of the service when the
bill was incurred remains at the premises.
(4) The applicant is not in compliance with a
Commission order, a delayed payment agreement, or an extension agreement with
the utility entered with respect to service previously rendered by the utility
to the applicant;
(5) The applicant
has not paid the utility an approved fee, charge, or deposit as provided for in
these Rules or the utility's approved tariffs;
(6) The applicant has not furnished adequate
assurance of payment in the form of a deposit or other security for service
within 20 days of an order for relief under the United States Bankruptcy Code,
U.S.C.A. Title 11 § 366;
(7)
There is evidence that the applicant is using service in an -unauthorized
manner or is tampering with the equipment furnished and owned by the
utility;
(8) A misrepresentation to
the utility by the applicant relevant to the conditions under which the
applicant may obtain utility service;
(9) The applicant has not provided acceptable
evidence of identity. Acceptable evidence includes the following:
a. driver's license or state ID
card;
b. military ID;
c. ID from place of employment;
d. social security card;
e. current student ID;
f. passport;
g. birth certificate; and,
h. any other evidence which would establish
identity;
If a utility reasonably believes that the evidence offered is
unreliable, it may refuse to accept it and seek additional evidence from the
applicant.
(10)
The applicant is not in compliance with all state and/or municipal regulations
governing the service applied for;
(11) The applicant is not in compliance with
the utility's tariffs which have been approved by this Commission;
(12) The service applied for is of such
character that it is likely to -unfavorably affect the service to other
customers;
(13) The connection of
utility service to the applicant's equipment would create a hazard;
(14) The applicant is causing or threatening
injury to a utility employee or an employee' s family to retaliate for or
prevent an act the utility performs in the course of business;
(15) The applicant is causing or threatening
damage to utility property; or,
(16) An applicant for a party line had
party-line service disconnected within the previous 12 months because of
unreasonable, unlawful, or abusive use of that service.
B.
Notice to Applicant
If a utility refuses to serve an applicant, it shall give an
explanation in writing to the applicant within 7 business days. The explanation
shall include the following:
(1) The
reason for refusing service, including the applicable Commission
Rule;
(2) The conditions, if any,
under which service would be provided; and,
(3) The applicant's right to complain to the
Commission, including the local and toll-free telephone numbers and mailing and
street address of the Commission.
Rule 3.05.
Disputed Charge;
Providing ServiceA. When
a utility refuses to serve an applicant for not paying a previous bill and the
applicant disputes the amount due, the applicant may complain to the
Commission.
B. A utility may
require a deposit of the disputed amount before serving the applicant. However,
a utility may waive this deposit.
C. Once a deposit of the disputed amount is
either posted or waived, the utility shall serve the applicant, pending final
disposition of the dispute.
D. When
the complaint is resolved, the utility shall promptly refund any part of the
deposit found to be due the applicant with interest from the date of the
deposit.
SECTION
4.
DEPOSITS
Rule
4.01.
Deposits from
applicantsA.
Conditions
A utility may require a deposit from any applicant to guarantee payment
for service, subject to the conditions in Subsections A. (1) and (2) .
(1) A utility may not require a deposit or
other guaranty based upon income, residential location, race, color, home
ownership/ creed, sex, marital status, age, or national origin.
(2) A utility shall not demand a deposit as a
condition of service from an applicant for residential service unless one or
more of the following criteria applies:
a. the
applicant cannot provide proof of a satisfactory payment history with the same
kind of utility for the previous 3.2 months.
b. the applicant has a past due, unpaid
account for previous utility service with the utility which is not in
dispute.
c. the applicant did not
pay bills from the utility by the close of business on the due date 2 times in
a row or any 3 times in the last 12 months.
d. the applicant gave the utility 2 or more
checks in payment for previous utility service within the most recent 12 month
period of service which were returned unpaid for reasons other than bank
error.
e. the applicant's service
from the utility has been suspended during the last 24 months for one or more
of the following reasons:
(i) nonpayment of
any undisputed past due bill(s); or,
(ii) misrepresentation of the applicant's
identity for the purpose of obtaining utility service; or,
(iii) failure to reimburse the utility for
damages due to negligent or intentional acts of the customer; or,
(iv) obtaining, diverting, or using service
without the authorization or knowledge of the utility.
f. information provided by the applicant upon
application for service or within the previous 2 year period is materially
false or materially misrepresentative of the applicant' s true status, and the
misrepresentation is relevant to the conditions under which the applicant may
obtain utility service.
B.
Amounts
Utilities shall determine the amount of a deposit as follows:
(1) The deposit shall not be more than 2
average bills as defined in Rule 4.03. if payment for utility service is due
after service begins;
EXCEPTION:
A utility may receive from a landlord a deposit which shall not exceed
the estimated bill for 3 average billing periods.
(2) The deposit shall not be more than 1
average bill as defined in Rule 4.03. if payment for utility service is due
before service begins;
(3) If a
utility discovers that an applicant has used the utility's service without
authorization or tampered with the utility's equipment, it may charge that
applicant a total deposit of not more than 6 average bills, plus the potential
damage to utility equipment. The utility may not charge this deposit if the
customer has received more than 2 years cumulative service since the utility
discovered the unauthorized use or tampering;
(4) If the utility has proof of a
misrepresentation to the utility by the applicant relevant to the conditions
under which the applicant obtained utility service, it may charge that
applicant a total deposit of not more than twice the maximum bill. The utility
may not charge this deposit if the customer has received more than 2 years
cumulative service since the utility discovered the
misrepresentation.
(5) In
accordance with the United States Bankruptcy Code, U.S.C.A. Title 11 §
366, the utility may require an applicant to furnish adequate assurance of
payment in the form of a deposit or other security.
(6) If the applicant has previously left the
utility's service owing a bill and that bill is unpaid at the time of
application, the utility may require a deposit equal to twice the maximum
billing.
C.
Payment Procedures
Except for deposits under Rule 4.01.B.(3), applicants shall be allowed
to pay the deposit in 2 installments - ½ of the deposit before receiving
service and the remaining ½ with the first bill.
D.
Receipts
Utilities shall give customers receipts for their deposits upon
customer request.
Rule
4.02.
Deposits from
Customers
A.
Conditions
A utility may only require a new deposit or an increase in the amount
of a deposit from a customer for the following reasons:
(1) The customer failed to pay a bill before
the close of business on the shut-off date within the last 12 months;
(2) The customer gave the utility 2 or more
checks which were returned unpaid for reasons other than bank error in the last
12 months;
(3) The customer did not
pay bills by the close of business on the due date 2 times in a row or any 3
times in the last 12 months;
(4)
During the last 24 months, the customer misrepresented his identity or other
facts relevant to the conditions under which the customer obtained or continued
utility service;
(5) The customer
used service without authorization, tampered with utility equipment, or
inflicted damage to utility equipment during the last 2 years;
(6) The customer used more service than the
estimate on which the utility based the deposit. The utility may not charge any
additional deposit under Subsection A. (6) after the first 12 months of service
unless the customer moves the service to a new location or expands the business
or scope of operation at the original location;
(7) In accordance with the United States
Bankruptcy Code, U.S.C.A. Title 11 § 366, the utility may require a
customer to furnish adequate assurance of payment in the form of a deposit or
other security. This deposit may be in addition to all other deposits posted
with the utility before the bankruptcy filing.
B.
Amounts
When a utility charges a new or additional deposit, the total amount on
deposit at any time shall not be more than the total of the customer's 2
highest bills during the last 12 months.
EXCEPTIONS:
(1)
Deposit for Fraud or
Tampering
If the reason for requiring a deposit is unauthorized use of service or
tampering with utility equipment, the total amount on deposit with the utility
shall not be more than the estimated bill for 6 average billing periods plus
the cost of potential damage to utility equipment.
(2)
Bankruptcy
See Rule 4.02.A. (7) above.
C.
Written Notice
A utility shall explain in writing the reason for charging any new or
additional deposit, the amount of the deposit, when the deposit must be paid,
and the consequences of failing to pay the additional deposit.
D.
Payment Procedures
Except for deposits under Rule 4.02.A. (5) , a customer may pay
½ of any new or additional deposit in equal installments with the next 2
bills.
E.
Receipts
Utilities shall give customers receipts for their deposits upon
customer request.
Rule
4.03.
Calculation of Average
BillA.
All
Utilities(1)
Seasonal
Customers
The average bill is the total of the monthly bills during the "season"
as defined in the utility's tariff -- for example, irrigation season or ginning
season -- divided by the number of' months of usage during the season.
(2)
Non-Seasonal
Customers
The average bill is the total of the last 12 months' bills divided by
12.
B.
For
Inadequate Billing History
If a customer or an applicant for service has fewer than the required
number of months' billing history with the utility, the average bill shall not
be more than the average monthly usage for that class and character of
service.
Rule
4.04.
Guaranty in Place of a.
Deposit
A.
Requirements
(1)
Residential
Customers
Instead of a deposit/ a utility shall accept the written guaranty of a
qualified third party to pay an amount equal to the deposit. If a third party
is a residential customer of the utility and meets the following conditions, he
is qualified to act as a guarantor on one residential account:
a. the customer presently has no deposit on
file on his own account;
b. the
customer has had service for at least 12 months;
c. the customer has not paid late more than
two times in the last 12 months; and,
d. the customer has not had service suspended
for failure to pay in the last 12 months.
(2)
Non-residential Customers
Instead of a deposit, a utility may accept the written guaranty of
another customer to pay an amount equal to the deposit.
(3)
Residential and Non-residential
Customers
The utility may allow a customer to guarantee more than one
account.
B.
Liability(1) The liability of a
guarantor shall be limited to the amount required for a deposit when the
guaranty was made, or a revised amount allowed by Rule 4.02. and agreed to by
the guarantor.
(2) The guaranty
shall end when a deposit would be refunded as outlined in Rule 4.06. or when
the guarantor's account is closed.
(3) The utility shall provide the guarantor a
copy of the Guaranty Agreement Form which clearly states the amount of the
guarantor's liability and which has been signed by the guarantor and the
utility. The guarantor' s agreement shall be in the form set out in Subsection
D. of this Rule.
C.
Collection
A utility may collect the guaranteed amount on the guarantor' s account
as if it were a charge for service.
D.
Guaranty Agreement Form
A guaranty agreement shall be in the following form and must be signed
by the guarantor and the utility representative:
GUARANTY AGREEMENT
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Rule 4.05.
Interest Payment on Deposits
A. A utility shall pay interest annually on
deposits pursuant to Ark. Code Ann. §
23-4-206.
B. Interest shall not accrue on any deposit
after the date the utility has made and documented a good faith effort to
return the deposit to the depositor.
Rule 4.06.
Refunding
Deposits
A. If a
residential customer has paid all bills by the due date for the last 12 months,
a utility must promptly refund the deposit. Utilities are not required to
refund deposits on business or commercial accounts until the account is closed.
Refunds may be made through a credit on the next billing cycle.
EXCEPTIONS:
(1)
Fraud or Tampering
If the reason for requiring a deposit is unauthorized use of service or
tampering with utility equipment, a utility does not have to refund the deposit
until an account is closed.
(2)
Bankruptcy
If the deposit was subject to the jurisdiction of the United States
Bankruptcy Courts, the utility shall comply with the United States Bankruptcy
Code in refunding or retaining the deposit.
B. When an account is closed, a
utility shall apply any deposit and accrued interest to the amount due the
utility. The utility shall promptly refund any balance due the
depositor.
Rule 4.07.
Deposits and Customer Name Changes
A utility may not require a residential customer to make or increase a
deposit because of a name change, unless one or more of the conditions set out
in Rule 4.02 .A. applies.
Rule
4.08.
Deposits and Changes in service
Locations
Except as provided in Rule 4.02.A., a utility shall not charge an
additional deposit if a customer requests that his service end at one location
and that the same kind and class of service from the same utility begin at
another location and the change takes 90 days or less.
SECTION 5.
BILLING
Rule 5.01.
Information, on Bill
Each bill shall contain the following information:
A. Name and account number;
B. For bills based on meter readings:
(1) The beginning and ending meter
readings;
(2) The dates of the
meter readings if read by the utility;
(3) The number of days in the billing period
if the meter is read by the utility;
(4) The quantity of units consumed and billed
using the same units of measurement as the approved tariff; and,
(5) The rate schedule designation;
C. For non-metered service, the
beginning and ending dates of the billing period and the basic rate schedule
designation;
D. The net amount of
all payments and other credits made to the account during the billing
period;
E. Any previous balance
due;
F. The amount of any "late
payment charge" and an explanation of when it will apply;
G. The date the bill was mailed;
H. The date the bill is due;
I. A list of all charges or credits,
including:
(1) Deposit
installments;
(2) Deposit
refunds;
(3) Automatic
adjustments;
(4) Customer or
minimum charges;
(5) Taxes, listed
by kind;
(6) Charges for other
utility service;
(7) Charges for
non-utility merchandise, service, or equipment ;
J. If a utility estimates usage, this fact
shall be clearly shown on the bill;
K. If a utility uses industry-specific
abbreviations for terms that explain the billing, it shall identify them on the
bill;
L. A statement that the
customer may contact the utility about any problem with billing or service, or
for a delayed payment agreement. The statement shall include an address and a
telephone number where customers can call the utility without charge.
Rule 5.02.
Bill
Form - Submission Requirements
A current copy of the form to be used for billing and any revisions to
that form shall be provided to the Commission's Consumer Services
Office.
Rule 5.03.
Billing Periods and Standards
A.
(1)
Utilities shall bill customers regularly.
(2) The billing period shall be no less than
25 days and no more than 35 days unless it is the first or final
bill.
B. Utilities shall
bill customers within 3 0 days after a meter reading.
C. If a utility changes a meter reading route
or schedule which results in an alteration of a billing cycle of more than 5
days, it shall notify affected customers 30 days before the change in the
billing cycle. A utility may notify affected customers by bill insert with the
bill preceding the change.
D. If
payment is initially made at a business office, billing records shall show the
date payment is received. If payment is initially made to an authorized payment
agent before the utility's close of business on the due date, billing records
may show the date the payment was posted as long as the account record shows
that the payment was not late.
E.
If a utility discovers a billing error, it shall promptly notify customers who
may be affected.
Rule
5.04.
Mailing Date
Utilities shall not mail bills later than the mailing date printed on
the bill.
Rule 5.05.
Due Dates
A. If no late charge is imposed, the due date
of a bill shall not be less than 14 calendar days after the date a bill is
mailed.
B. If a utility imposes a
late payment charge, the due date of the bill shall not be less than 22
calendar days after the date the bill is mailed.
Rule 5.06.
Late
PaymentA. Payment may be
considered late if the utility or its authorized agent for payment gets the
payment after the utility's close of business on the due date on the
bill.
B. If the utility is not open
on the due date, customers may pay by the utility's close of business on the
next day the utility's business offices are open, without being late.
C. Payment shall be considered late if a
check is postdated beyond the due date or returned unpaid for reasons other
than bank error.
D. If a bank error
causes a late payment, the utility shall correct its records to show that the
customer paid the bill on time.
E.
If a utility issues a late notice or suspension notice to any customer whose
payment was received by the utility or its authorized payment agent by the
utility's close of business on the due date, the record of the late notice or
suspension notice shall be deleted from the customer's account
record.
Rule 5.07.
Late Payment Charges
A. A utility may calculate late payment
charges only on an overdue portion of a bill for utility service.
B. A late payment charge may not exceed 10
percent of the first 30 dollars of the customer's bill and 2 percent of the
remainder.
C. The amount of the
late payment charge shall be set forth in the utility's tariffed schedule of
fees and charges.
Rule
5.08.
Estimated Usage for
Billing
A utility may not estimate a customer's usage for more than 2
consecutive bills. If a utility estimates usage, it shall use the customer's
consumption for the same time at that location the year before. A utility may
apply a weather-sensitive factor to the consumption in arriving at the current
month's estimated usage. If no figures are available for the current customer
at that location for the previous year, a utility shall use the class average
to estimate consumption.
EXCEPTION:
A utility may estimate bills for more than 2 months when the meter is
inaccessible or the location is impractical for reading. However, after the
second estimated reading, the utility must notify the customer in writing at
the billing address on the customer's account record and explain that the meter
is inaccessible or the location is impractical for reading. The written notice
must also explain the action required of the customer to correct the
situation.
Rule 5.09.
Extended Due Date Policy
A. Utilities must offer an extended due date
policy to customers qualifying under Subsection C. of this Rule.
This is intended to enable utilities to change a qualifying customer's
utility bill payment due date to coincide with or follow the customer's receipt
of that income. Customers who qualify under this policy and pay by the new date
will not be considered late on their utility payment. When a customer applies
for an extended due date, utilities shall explain the policy and give the
explanation to the customer in writing.
B. Each utility shall file an extended due
date policy as a tariff for Commission approval. A policy must include:
(1) Who may qualify;
(2) How to apply; and,
(3) The method for setting the extended due
date.
C. The following
customers qualify for an extended due date:
(1) Persons receiving Aid to Families with
Dependent Children (AFDC), or Aid to the Aged, Blind and Disabled
(AABD);
(2) Persons receiving
Supplemental Security Income; or,
(3) Persons whose primary source of income is
Social Security or Veterans Administration disability or retirement benefits;
The utility may require verification of the above sources of
income.
D.
Utilities may remove a customer's extended due date because the customer did
not pay bills by the close of business on the due date 2 times in a row or any
3 times in the last 12 months. Utilities shall notify customers in writing when
the extended due date has been removed for late payment.
E. Utilities may impose a late payment charge
on plan participants who do not pay by the extended due date.
Rule 5.10.
Levelized Billing Plans for Electric and Gas
UtilitiesA. Electric and
gas utilities must provide levelized billing plans for qualifying residential
customers. When a customer applies for the plan, the utility shall explain the
plan and give the explanation to the customer in writing.
B. A levelized billing plan is not a delayed
payment agreement. If a customer on a levelized billing plan becomes
delinquent, a utility may remove the customer from the levelized billing plan
and, if the customer qualifies, offer the customer a delayed payment
agreement.
C. Utilities shall file
levelized billing plans as a tariff for Commission approval. A plan must meet
the following standards:
(1) Applicants must
be told about levelized billing plans when they apply for service;
(2) Qualifying customers may enter the plan
at any time;
(3) A utility may
charge a Commission-approved processing fee if a customer withdraws from a plan
more than 1 time in 12 months. The amount of the processing fee shall be set
forth, in the utility's tariffed schedule of fees and charges.
(4) When a customer withdraws from a
levelized billing plan, the customer shall have the option of paying the
account balance in full, or, if qualified, under a delayed payment
agreement;
(5) When a levelized
billing customer terminates utility service, the utility shall refund any net
credit by check; and,
(6) When a
levelized billing customer withdraws from the plan, the utility shall refund
any credit within 30 days. The utility may refund an overpayment by billing
credit unless the customer requests otherwise.
Rule 5.11.
Extended Absence
Payment ProcedureA. Each
utility shall have bill payment options which will allow a customer who is away
for an extended period of time to avoid suspension of service.
B. The options shall be filed as a tariff for
Commission approval.
Rule
5.12.
Method of Payment
A. Customers may pay bills in any reasonable
manner, including cash or a cheek payable to the utility. A utility may refuse
to accept payment by check if the customer has given the utility 2 checks
which, were returned unpaid for reasons other than bank error in the last 12
months.
B. A utility may refuse to
take a second check for the same bill if the first check was returned unpaid
for reasons other than bank error.
Rule 5.13.
Returned check
Charge
A utility may charge a Commission-approved fee for handling a check
which is returned unpaid for reasons other than bank error. The amount of the
returned check charge shall be set forth in the utility's tariffed schedule of
fees and charges.
Rule
5.14.
Partial Payments
A.
Non-Utility Charges
Unless otherwise specified in writing by the customer, a utility shall
first credit payment to utility charges if a customer pays part of a utility
bill which includes charges for non-utility service.
B.
Application Between Past and Current
Bills
If a customer pays part of a bill for utility service, a utility shall
first credit the payment to earlier charges for utility service. This Rule does
not apply when, there is a disputed bill, delayed payment agreement, or other
written instructions.
Rule
5.15.
Overpayments
A. Overpayments shall be credited to the
customer's account unless the customer requests otherwise.
B. When a customer notifies the utility that
he has overpaid his account and requests a refund of the overpayment, the
utility shall refund the amount of the overpayment within 30 days.
Rule 5.16.
Meter
Reading RequirementsA.
Annual Readings
If a utility's policy allows a customer to read his own meter, then the
utility shall read that customer's meter at least once every 12 months.
B.
Hater Reading
Report
At the customer's written request, the utility shall leave a report of
the meter reading.
(1) The customer
must renew the request before each reading at the customer's
residence.
(2) A customer is
allowed 2 free reports every 12 months or only 1 if the meter is read annually
by the utility.
(3) A utility may
charge a Commission-approved fee for additional reports. The amount of the
charge shall be set forth in the utility's tariffed schedule of fees and
charges.
(4) The report shall
include:
a. date and time of the reading;
and,
b. meter reading either in
numbers or a diagram showing the positions of the hands on the dial at the time
the reading was taken.
Rule 5.17.
Billing Metered
Service
A. Bills for
metered service must be based on meter readings unless otherwise provided in a
Commission-approved tariff.
B.
Service used by the utility shall be measured by meters, except for minor,
incidental use where metering would not be practical.
Rule 5.18.
Meter Tests at
Customer or Commission Request:
A.
Customer Requested Meter
Tests
A utility shall test a meter for accuracy at the request of a customer
under the following conditions:
(1)
Before testing, a utility must tell a customer when a fee will be charged and
the amount of the fee. A utility must give the customer a chance to withdraw
the request before incurring any charge for the test. The utility shall also
tell the customer that if the meter is not as accurate as the Commission's
Special Rules require, there will be no charge for the test;
(2) The utility shall test the meter
according to the Commission's Special Rules;
(3) The utility shall tell the customer:
a. where and when the utility will test the
meter; and,
b. that the customer,
and the customer's representative may be present when the utility tests the
meter;
(4) When a
utility must remove a meter for a test, it shall protect and seal the meter to
prevent damage or tampering. The customer and the customer's representative may
be present when the meter is removed;
(5) Within 10 days after a test, the utility
shall give the customer a written report. The report shall include the date the
utility received the customer's test request, the location and data of the
test, the meter's identification number, the results of the test, the
Commission's Special Rules which apply, and whether the meter was as accurate
as the Commission's Special Rules require.
B.
Commission Requested Meter
Test/Verification
A utility shall test a meter for accuracy at the request of the
Commission under the following conditions:
(1) The utility shall test the meter
according to the Commission's Special Rules;
(2) The utility shall inform the Commission
where and when the utility will test the meter;
(3) When a utility must remove a meter for a
test, it shall protect and seal the meter to prevent damage or tampering. A
Commission representative may be present when the meter is removed.
(4) Within 10 days after a test, the utility
shall give the Commission a written report. The report shall include the date
the utility received the Commission's request, the location and date of the
test, the meter's identification number, the results of the test, the
Commission's Special Rules which apply, and whether the meter was as accurate
as the Commission's Special Rules require.
(5) When a customer asks the Commission to
request a meter test without having first made the request of the utility, the
Commission shall:
a. inform the customer when
a fee will be charged and the amount of the fee;
b. give the customer a chance to withdraw the
request before incurring any charge for the test;
c. inform the customer that if the meter is
not as accurate as the Commission' s Special Rules require, there will be no
charge for the test;
d. inform the
customer that the customer, the customer' s representative and a Commission
representative may be present when the utility tests the meter; and,
e. inform the customer when and where the
utility will test the meter.
C.
Utility Charges for Meter
Tests(1) If a test shows a meter to be
as accurate as the Commission's Special Rules require, the utility may charge a
Commission-approved fee for the test. The amount of the approved fee shall be
set forth in the utility's tariffed schedule of fees and charges.
(2) If a meter test shows that a meter is not
as accurate as the Commission's Special Rules require, a utility may not charge
a fee for the test and it must correct the customer's bill as required by Rule
5.19.
(3) If a utility does not
test a meter in the manner required by the Commission's Special Rules, the
utility may not charge a fee for the test.
(4) If a utility tests a meter more than once
for the same request, and if any one of these tests shows the meter is not as
accurate as the Commission's Special Rules require, the utility may not charge
a fee for any of the tests.
Rule 5.19.
Billing
CorrectionsA.
Metered Service
A correction to a customer's account shall be made for meter error when
a utility tests a meter according to the Commission's Special Rules and the
error exceeds the tolerances allowed by the Commission's Special Rules.
(1)
Period of Correction
If the date the meter first became inaccurate can be ascertained, the
period of correction shall begin with that date and end with the date the
inaccurate meter was removed. If the date the meter first became inaccurate
cannot be ascertained, the correction period shall begin 6 months prior to the
date the inaccurate meter was removed and end with the date of removal of the
meter.
(2)
Usage
If actual usage cannot be determined, it shall be the customer's usage
at that location for the same time period of the previous year. A utility may
apply a weather-sensitive factor to the consumption in arriving at the
estimated usage for the correction period. If no usage data is available for
that customer at that location for the previous year, a utility shall use the
class average to estimate consumption.
(3)
Sate
A utility shall apply the rates effective during the period of
correction determined in Rule 5.19.A.(1) to the usage determined in Rule
5.19.A. (2).
B.
Procedures for Correcting an Overbilling
(1) When a utility has overbilled a customer,
the utility shall explain the reason for the correction and refund the amount
of the overbilling within 30 days after discovering or being notified of the
error.
(2) The refund shall be
credited to the customer's account unless the customer requests
otherwise.
(3) If the overbilling
was the fault of the utility, the utility shall pay the customer interest on
the overbilled amount.
C.
Procedures for Correcting an
Underbilling
(1) When a utility
discovers it has charged a customer less than it should have, the utility shall
explain the error and offer a delayed payment agreement to correct
it.
(2) When a utility underbills a
customer over one or more billing periods, the utility must allow the customer
at least that many billing periods to pay the correct amount under a delayed
payment agreement.
(3) If the
underbilling was the fault of the customer, the utility may charge interest for
the period of time during which the underbilling occurred.
(4) If the underbilling was caused by
unauthorized use of service or tampering with utility equipment, the utility
does not have to offer a delayed payment agreement.
(5) A utility does not have to correct an
underbilling if the cost of correcting the billing is not economically
feasible.
D.
Tampering
If a customer tampers with utility equipment, the utility may charge a
reasonable amount for damage to the equipment and for estimated service taken.
This is in addition to the remedies in Rules 4.01.B.(3), 4.02.B.(1) and 6.01.F.
The utility may base the estimate on the customer's average lawful usage for
the most recent 12 month period. If those figures are not available, the
utility shall base the estimate on the class average.
Rule 5.20.
Separate Metering and Billing
A.
Definitions
(1)
Newly Constructed
"Newly constructed" means original construction which was not
irrevocably approved or constructed on or before July 1, 1981, or conversion of
a building from one use to another involving multiple customers.
(2)
Premises
a.
Separate Premises
Premises are separate and shall be separately metered and billed if
they are on different, non-contiguous tracts of land.
b.
Non-Separate Premises
Premises on the same tract or contiguous tracts of land may be master
metered provided that the premises:
(1) are operated as one location by an
individual customer;
(2) are
physically integrated and essentially part of each other;
(3) provide a complete service or produce a
complete product;
(4) are similar
in terms of the nature and purpose of energy use; and,
(5) are in the same service territory. Tracts
of land separated by public streets, public roads, or public alleys are
considered contiguous. The customer shall own and pay for all facilities beyond
such master meter and shall pay all costs associated with the installation,
removal, and rearrangement of such facilities necessary to allow the utility to
provide service through a single meter.
B.
General
Requirements
(1) Utilities shall
separately meter and bill separate premises even if under common ownership.
Utilities may not combine metering and billing unless some other part of this
Rule allows it.
(2) Gas and
electric utilities may not install master meters or combine the bills of
individual customers in any newly constructed residential/ commercial, and
industrial complexes of 2 stories or fewer, and mobile home parks. This Rule
does not apply to dormitories, hotels, and motels. Gas and electric utilities
shall offer to provide individual meters for all premises not covered by this
Rule where multiple individual usage of gas and electricity could occur and
where master metering would also be possible.
C.
Exemptions
If a utility or building owner applies for an exemption of Subsection
B. (2) of this Rule, it must prove, in addition to the showing that must be
made in Rule 1.03., that the costs of separate metering and billing would be
greater than the long-term benefits to the utility's ratepayers as a whole, and
provide evidence that master metering does not conflict with the Arkansas
Energy Code. Benefits to be considered may include, but are not limited to, the
following:
(1) Increased efficiency of
consumption by individual devices;
(2) Overall reduction of demand for present
and future energy and capacity;
(3)
Encouragement of systems using renewable fuel sources other than fossil
fuels;
(4) Providing accurate price
signals which reflect the true value and cost of energy to individual
customers; and,
(5) Other benefits
gained from energy efficiency and conservation.
Rule 5.21.
Transferring
Past Due Balances to Other Accounts
A utility may only transfer a past due balance from a customer' s
closed account to one of the following active accounts:
A. An account of the same customer for the
same class of service at any location.
B. The account of the customer's guarantor as
allowed under Section 4.04.B, of these Rules.
SECTION 6.
SUSPENSION, TERMINATION AND
RECONNECTION OF SERVICE
Rule 6.01.
Authorized Suspension
The only reasons a utility may suspend service to an account
are:
A. A bill for utility service to
the current customer remains unpaid after the close of business on the last day
to pay as printed on the most recent shut-off notice;
B. A former customer remains at the premises
who owes that utility an outstanding bill for service at the premises; a
full-time occupant of the premises when the bill was incurred remains at the
premises; or, a full-time user of the service when the bill was incurred
remains at the premises.
C. A
current customer and a former customer who lived together at another location
now live together at a new service location and the former customer owes a bill
for service used during the time they lived together at a former
location;
D. The customer is not in
compliance with a Commission order, delayed payment agreement, or extension
agreement with the utility;
E. The
customer has not paid a deposit required by a utility for the
service;
F. Unauthorized use of
service or tampering with utility equipment;
G. A misrepresentation of fact relevant to
the conditions under which the applicant or customer obtained or continued
utility service;
H. The customer
has not paid a billed Commission-approved charge associated with providing
service;
I. Refusing to grant a
utility access to its equipment at the customer's location at reasonable
times;
J. Violating the utility's
rules designed to prevent interference with the use of service by other
customers, if the customer was notified first and given a reasonable
opportunity to comply with the rules;
K. Violating the utility's rules regarding
the operation of nonstandard equipment or unauthorized attachments, if the
customer was notified first and given a reasonable opportunity to comply with
the rules;
L. Violating federal,
state, or local laws or regulations through use of the service;
M. Abandoning the premises served;
N. Causing or threatening injury to a utility
employee or an employee's family to prevent or to retaliate for an act the
utility performs in the course of business;
O. Causing damage to utility
property;
P. Threatening to cause
damage to utility property;
Q. Not
paying for damage to utility equipment on the customer's premises; or
R. A condition exists which poses a health or
safety hazard.
Rule
6.02.
Unauthorized
Suspension
A utility may not suspend service to an account for the following
reasons:
A. Not paying for non-utility
merchandise or non-utility services purchased, rented, or leased from or
through the utility;
B. Not paying
for a different kind or different class of service;
C. A utility is serving the customer through
a separate active account and the customer does not pay for service to that
account;
Rule 6.03.
Bankruptcy
A utility may not suspend service to a trustee or debtor in bankruptcy
for failure to pay a bill incurred prior to a bankruptcy filing if the trustee
or the debtor pays a deposit under Rule 4.02.A. (7) within 20 days of the order
for relief in bankruptcy. (See United States Bankruptcy Code, U.S.C.A. Title 11
§ 366.)
The utility may not suspend service during that 20 day period. If a
debtor asks the utility to reconnect service during that 20 day period, the
utility must reconnect. After the 20 day period, the utility may suspend
service if the customer has not paid a deposit.
Rule 6.04.
Notification of
Suspension of ServiceA. A
utility must notify a customer in writing 5 calendar days before it suspends
service. If a utility delivers the notice to the customer's premises, the
utility must leave the notice in a conspicuous place where the notice is easy
to see. If the utility mails the notice, the 5 days begins 3 calendar days
after the date the notice is placed in the U.S. mail. The utility must send the
notice to the customer's last known address by first-class mail.
B. A utility may suspend service without
prior written notice under Rule 6. 01D., F., N., O., P., and R. The utility
shall notify the customer of the reason for suspension by first class mail or
by leaving a notice at the premises. Suspension procedures shall also follow
all other requirements of Rule 6.09.B. If prior written notice of suspension
has been given, Rule 6.04.B. does not apply.
Rule 6.05.
Shut-Off Notice
- Submission Requirements
A current copy of the form to be used for shut-off notices and any
revisions to that form shall be provided to the Commission's Consumer Services
Office.
Rule 6.06.
Third-Party Notification of Suspension
A residential customer may name a consenting person or agency to
receive a copy of all shut-off notices. A utility shall mail 1 Copy of all
shut-off notices to the customer and 1 to the other person or agency.
Rule 6.07.
Form
and Contents of Shut-Off Notice
Each shut-off notice shall contain the following information:
A. The title "SHUT-OFF NOTICE","CUT-OFF
NOTICE", or "DISCONNECT NOTICE" in type at least 1/4 inch high;
B. the name and address of the customer, and
the address of the service, if different;
C. The reason for suspension and any overdue
amount;
D. A clear statement of
what to do to avoid suspension;
E.
The date after which the utility will suspend service unless the customer takes
appropriate action;
F. A statement
that, "YOU HAY QUALIFY TO PAY YOUR BILL IN INSTALLMENTS AND AVOID SHUT-OFF BUT
YOU MUST CONTACT THE UTILITY'S BUSINESS OFFICE BY THE CLOSE OF BUSINES ON THE
LAST DAY TO PAY PRINTED ON THIS NOTICE AND ASK FOR A DELAYED PAYMENT
AGREEMENT";
G. A statement that a
residential customer who has a serious medical condition, or is 65 or older, or
an individual with disabilities may contact the utility about qualifying for
delaying suspension;
H. For
electric and gas utilities, a statement that the customer may contact the
utility for the names of federal, State, and local bill payment assistance
agencies;
I. What it will cost and
what a customer will have to do to get service reconnected;
J. How much the customer can be charged if
utility personnel must go to the premises to collect the bill;
K. The telephone number and address of the
utility office where the customer may pay the bill, make payment arrangements,
or make a complaint; and,
L. A
statement that any customer with an unresolved complaint may contact the
Arkansas Public Service Commission. The statement shall include the
Commission's mailing and street address and local and toll-free
numbers.
Rule 6.08.
Payment Requirements to Prevent
Suspension
A. A customer
must pay the utility or its authorized agent before the utility's close of
business on the last day to pay as printed on the most recent shut-off notice
to prevent suspension.
B. The
utility may require the customer to pay any applicable approved collection fee
or late charge to prevent suspension.
C. A utility shall not require a customer to
pay for usage which has not been billed/ or which has been billed but is not
yet overdue, to prevent suspension.
D. After the utility's close of business on
the last day to pay printed on the most recent shut-off notice, payment made
within 24 hours of a scheduled shut-off shall not affect the right of the
utility to suspend service and charge a reconnect fee if the service was
suspended.
E. A utility shall not
refuse to accept payment made on an account after the utility's close of
business on the last day to pay printed on the most recent shut-off notice.
However, a utility is not required to reconnect service if the payment made
after that time is less than the amount required by the utility before
reconnection.
Rule 6.09.
Suspension Procedures
A.
Suspension Date and Time
Requirements(1) A utility may suspend
service only during normal utility business office hours. However, no
suspension shall occur during the last hour of the utility's normal business
office hours.
(2) A utility may not
suspend service on a day, or on a day immediately before a day, when the
utility does not have employees available who may authorize and reconnect
service at the normal business day charge.
(3) If a utility issues more than 1 shut-off
notice before suspending service, it may not suspend service before the close
of business on the last day to pay as printed on the most recent shut-off
notice unless Rule 6,04-B. applies.
(4) A utility must suspend service within 30
days after the last day to pay, as printed on the most recent shut-off notice,
unless suspension is delayed under other Commission Rules, or the reason for
the suspension has been eliminated.
B.
Suspension Procedures at the
Premises(1) Utility employees shall
not violate any state or federal laws or regulations in order to suspend
service. Utility employees suspending service at a customer's premises shall
identify themselves to the customer or any other adult at the premises and give
the reason for being there.
If the customer offers to make a payment, the utility employee shall
accept payment at that time. The utility employee shall also honor a receipt
from the utility or a canceled check showing that the customer paid the bill.
Utility employees may refuse payment in cash if they give the customer 24 hours
to pay at the business office. The employee may refuse payment by check if the
customer has given the utility 2 checks which were returned for reasons other
than bank error within the last year.
(2) If the customer or other adult is not at
the premises or does not respond, the utility employee must leave a notice in a
conspicuous place so that the notice is easy to see. The notice shall contain
the following:
a. a statement that service has
been suspended;
b. the reason for
the suspension;
c. the address and
telephone number where the customer may arrange to have service
reconnected;
d. the amount past
due;
e. any approved collection
charge; and,
f. the action and
payment necessary before the utility will reconnect service.
Rule 6.10.
Closing Suspended Accounts
A utility shall not close a suspended account until a customer has been
given 7 calendar days to have service reconnected after suspension. Once an
account is closed, a utility may treat a former customer who wants service
again as an applicant.
Rule
6.11.
Collection Fees
A utility may charge a Commission-approved collection fee under the
following conditions:
A. The last day
to pay, as printed on the shut-off notice, has passed; and,
B. A utility employee accepts payment at the
premises under Rule 6.09.B.(1) or, at the customer's request, visits the
premises to collect. The employee must leave a notice as described in Rule
6.09.B.(2) at the premises if the requesting customer is not there as
agreed.
Rule 6.12.
Reconnection of Service
A. The utility shall reconnect service at the
request of the customer if all reasons for suspension have been eliminated.
The utility shall reconnect service in the normal course of business
when suspension was the fault of the customer. The utility shall reconnect
service immediately if suspension was the utility's fault.
B. A utility shall not require a customer to
pay for usage which has not been billed, or which has been billed but is not
yet overdue, before reconnecting suspended service.
C. A utility may require payment of any
Commission-approved collection, late charge, or reconnection fees before
reconnecting service if suspension followed all applicable Commission
Rules.
D. If the reason for
suspension is unauthorized use of service or tampering with utility equipment,
the utility may require a reasonable payment for damage to its equipment and
estimated usage before reconnecting service. The utility may refuse to
reconnect unless the Commission orders otherwise.
Rule 6.13.
Delayed Payment
Agreement and Extension Agreement
Rule 6.13. applies to any residential customer, and to small commercial
customers whose average bill for the most recent 12 months is $200.00 or less.
As used in this Rule, the term "customer" shall mean only such customers as so
defined in this paragraph.
A.
Customer Information
When a customer informs the utility that he is having difficulty paying
a bill, the utility shall explain that delayed payment agreements are available
both by telephone and in person through the utility's business offices. The
utility shall then inform the customer of his rights and obligations under this
Rule.
B.
Extension
Agreement
If a utility has met all of the requirements of Subsection A. and a
customer requests a payment extension of less than 30 calendar days from the
payment due date, the utility may offer to enter an extension agreement instead
of a delayed payment agreement. All extensions shall be documented. The utility
shall inform the customer of the utility's right under Rule 6.04.B. to suspend
service without advance written notice if the customer fails to keep the terms
of the extension agreement.
C.
Availability of Delayed Payment
Agreement
(1) A utility shall offer
and enter into a delayed payment agreement with a qualifying customer if the
customer agrees to:
a. pay the down payment
and all installments by the due dates; and,
b. pay all bills from that utility coming due
during the period of the agreement in full by each bill's respective due
date.
(2) A utility may
not limit the number of delayed payment agreements a customer may enter into if
the customer qualifies under all other conditions of this Rule.
D.
Qualifying
(1) A utility does not have to enter into a
delayed payment agreement if the customer has failed to keep the terms of a
delayed payment agreement in the last 12 months. This includes failure to pay
the agreed upon down payment within 3 business days.
EXCEPTION:
Subsection D.(1) of this Rule does not apply when a utility corrects an
underbilling. See Rule 5.19.D.
(2) A utility does not have to enter into a
delayed payment agreement after the last day to pay, as printed on the most
recent shut-off notice, has passed except when Rules 6.16. or 6.17.
apply.
(3) A utility does not have
to enter into a second delayed payment agreement if the customer currently is
bound by a delayed payment agreement.
(4) If a customer has engaged in unauthorized
use of service or has tampered with utility equipment in the last 24 months,
the utility does not have to enter into a delayed payment agreement.
(5) If a customer has misrepresented a fact
relevant to the conditions under which he obtained or continued utility service
in the last 24 months, the utility does not have to enter into a delayed
payment agreement.
(6) The utility
may require some form of identification of the customer or the person making
the agreement. If the information is not provided or is not acceptable evidence
of identity, the utility may refuse to enter into a delayed payment agreement.
E.
Delayed Payment
Agreements Arranged by Telephone(1)
Delayed payment agreements arranged by telephone shall meet all requirements of
this Rule.
(2) The utility may
require some form of identification that can be provided by telephone to verify
the customer's identity. If the information is not provided or is incorrect,
the utility may refuse to enter into a delayed payment agreement by
telephone.
(3) The utility must
receive the down payment by the close of business on the third business day
after the date the agreement was requested.
(4) A utility shall document all delayed
payment agreements arranged by telephone, including any failure to pay the down
payment within 3 business days.
F.
Delayed Payment Agreement
Procedure
All delayed payment agreements shall be in writing and must include
relevant portions of this Rule, specifically, Subsections C.(1), D.(3), G., H.,
I., J., and K.
When a utility arranges a delayed payment agreement by telephone, the
utility shall send or give the customer a copy of the delayed payment agreement
within 5 business days of receiving the customer's down payment. A utility may
require the customer to sign the agreement and return it to the utility within
10 calendar days of the making of the agreement, but the customer's signature
is not necessary for validity and enforcement of the documented agreement under
Rule 6.13.
G.
Minimum
Standards for Delayed Payment Agreements
(1) The utility must receive a reasonable
portion of the overdue bill as a down payment by the close of business on the
third business day after arranging an agreement.
The utility may not require more than 1/4 of the overdue bill as the
down payment in order to enter into a delayed payment agreement.
(2) A utility shall allow the
customer to make equal installment payments for at least 3 months from the date
of the down payment. The down payment shall not be considered an installment
payment.
EXCEPTIONS:
Subsections G.(1) & (2) of this Rule do not apply when a utility
corrects an underbilling. See Rule 5.19.D.
(3) In offering terms for an agreement, a
utility may take into account:
(a) the
customer's ability to pay;
(b) the
size of the unpaid account;
(c) the
customer's payment history with the utility; and,
(d) the reason payment is late.
H.
Renegotiating
the Delayed. Payment Agreement
If a customer can substantiate a change in ability to pay resulting
from a serious medical condition or the loss of a major source of income, the
utility must document its good faith effort to renegotiate a delayed payment
agreement 1 time during the period of the agreement. The customer loses this
right if any term of the delayed payment agreement is not kept. A renegotiated
agreement is not a new delayed payment agreement.
I.
Finance Charge on Delayed Payment
Agreements
A utility may charge interest on delayed payment agreement
installments.
J.
Suspension of Service
A utility may suspend service without prior written notice, subject to
the conditions of Rule 6.04.B., if a customer does not keep the terms of a
delayed payment agreement or extension agreement.
K.
Right to Complain
A customer does not give up any right to complain to the Commission by
signing a delayed payment agreement or entering an extension agreement.
Rule 6.14.
Delayed Payment Agreement - Submission
Requirements
A current copy of the form to be used for delayed payment agreements
and any revisions to that form shall be provided to the Commission's Consumer
Services Office.
Rule 6.15.
Cold Weather Rule
A. Electric and gas utilities may not suspend
residential service on a day when the National Weather Service forecasts that a
temperature of 32 degrees Fahrenheit or lower will occur at any time during the
following 24 hour period. The utility must obtain the most recent forecast for
the customer's weather zone from the National Weather Service reports on the
morning of the day that the customer's shut-off is scheduled.
B. Gas utilities may not suspend residential
gas service during the suspension moratorium period of November 1 to March 31
for low income customers subject to the following terms and conditions:
1. The term "low income customers" is defined
to include any individual gas utility customer of record who is approved to
receive either Food Stamps, WIC, TEA, Medicaid, or LIHEAP assistance.
2. To avoid a suspension of gas service, such
customer must directly notify the gas utility before the suspension date
indicated on a received shut-off notice or before the receipt of a shut-off
notice that they are approved to receive either Food Stamps, WIC, TEA, Medicaid
or LIHEAP assistance. Official written proof of such approval must be provided
by such customer directly to the gas utility within fourteen (14) days of the
date of the initial notice to the gas utility.
3. Such customer must execute a written
Suspension Moratorium Agreement ("SMA") with the gas utility obligating the
customer to make a minimum monthly payment for gas service during the
suspension moratorium period. Said minimum monthly payment shall be equal to
the minimum monthly payment which otherwise would be required under the gas
utility's approved voluntary "average monthly billing plan" or "levelized
payment plan", and shall be payable on the customers normal monthly payment due
date.
4. Such customer also must
agree to and execute a Delayed Payment Agreement ("DPA") covering (a) the
cumulative deferred monthly bill amounts for the period November 1 to March 31;
as well as (b) any past due amounts owing at the time of execution of the SMA.
Such customer must timely pay the total deferred billing amounts in seven (7)
equal monthly installment payments to be made April through October. Interest
shall not begin to accrue on any deferred amount until repayment of the
deferred amount begins. Payments under the DPA shall be in addition to the
normal monthly billed amounts during the seven (7) month DPA term.
5. In the went of misuse, fraud, or failure
to make required monthly payments under the provisions of Rule 6.15.B by such
customer, the gas utility may initiate Commission approved service suspension
procedures notwithstanding the provisions of Rule 6.15.B.
6. In the event of a service suspension
pursuant to the provisions of Rule 6.15-B.5 such customer will not be allowed
to again claim the service suspension moratorium protection of Rule 6.15.B.
until all past due amounts owed to the gas utility have been paid in
full.
7. If necessary to preserve
and protect the public safety, the gas utility may initiate emergency
suspension procedures notwithstanding the provisions of Rule 6.15.B until such
time as the specific public safety issue has been satisfactorily
resolved.
Rule
6.16.
Agency Guaranty of
Payment
A.
Requirements
When a social service agency agrees orally or in writing to pay at
least 1/4 of an overdue bill, the utility shall continue service, or restore
service suspended for non-payment, if the customer qualifies for and agrees to
pay any remaining overdue amounts and any additional deposit under a delayed
payment agreement. The agency payment shall be considered the down payment for
the delayed payment agreement. The utility may verify any notice received from
any agency.
B.
Confirmation
The utility may require the agency to give written confirmation of an
oral agreement within 10 days of the date of oral agreement.
C.
Service Suspension
If an account remains unpaid 40 days after an agency notifies a
utility, as set out in Rule 6.16.A., that they will be making a payment/ the
utility may suspend service after giving the customer an additional 5 calendar
days written notice.
Rule
6.17.
Medical Heed for Utility
ServiceA.
General
Requirements
Each utility must honor a physician's certificate which attests to the
fact that a residential utility customer or any other permanent resident of the
household has a serious medical condition. The certificate must clearly state
that the suspension of utility service would give rise to a substantial risk of
death or gravely impair the health of the customer or another permanent
household resident.
B.
Notice
A physician, nurse, nurse practitioner, physician's assistant, or
public or private agency providing physical or mental health care services may
notify the utility in person, by telephone, or by letter that the serious
medical condition exists. When a utility is notified, it must inform the health
care professional that a physician's certificate is required within 7 days. The
utility may verify notice given by telephone.
C.
Delay of Suspension or Reconnection
of Service(1) When notified under
Subsection B. of this Rule, a utility shall postpone suspension or reconnect
service which has been suspended for 30 days or less. The utility shall not be
required to continue to provide service for longer than 30 days unless the
medical certificate is renewed under Rule 6.17.C.(5).
(2) The utility must receive a physician's
certificate within 7 days after being notified according to Subsection B. of
this Rule.
(3) A utility may
suspend service if it does not receive a physician's certificate within 7 days
after being notified according to Subsection B. of this Rule.
(4) Upon receipt of a physician's
certificate, the utility shall notify the customer, in writing, of the receipt
of the certificate, the date the certificate was received, the date the
postponement of suspension or reconnection of service was commenced, and the
date on which the postponement of suspension or reconnection shall expire. The
notice shall contain an explanation of the customer's rights to renew the
certificate. The notice shall specifically state the last day the customer has
to renew the certificate. The notice may be delivered by first class mail or by
delivery to an adult person at the residence.
(5) A customer may renew a certificate 1 time
for up to an additional 30 days. The certificate must be renewed by the
customer before the 30 day time period expires. To renew a current certificate,
the customer must provide a new certificate from the physician.
(6) A utility is not required to accept more
than 1 physician's certificate per household each year. A renewal of a
certificate is not a second certificate.
D.
Physician's Certificate
A completed physician's certificate must be signed by a physician and
must be in the following form. The utility shall provide a copy of the
physician's certificate form to the physician.
PHYSICIAN'S CERTIFICATE OF MEDICAL NEED FOR UTILITY
SERVICE
The Arkansas Public Service Commission requires utilities under its
jurisdiction to honor physician's certificates which attest to the fact that a
utility customer or any permanent resident of the household has a serious
medical condition. The certificate must clearly state that the suspension of
utility service would give rise to a substantial risk of death or gravely
impair the health of the customer or another permanent household
resident"
A licensed physician or other health care professional providing health
care services to the patient may notify the utility of the serious medical
condition. The notice must be followed within 7 days by a certificate. The
certificate is valid for up to 30 days and may be extended for one additional
30 day period by reverification by the physician or health care professional
prior to the expiration date of the first certificate. This reverification
requires that an additional certificate be submitted to the utility.
You are being asked to verify that the stated condition exists. This
Certificate allows the utility customer time to secure payment for utility
service or to make alternate arrangements for care of the patient.
Thank you for your cooperation.
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E.
Additional Medical Opinion
(1) A
utility may, at its expense, obtain an additional medical report or certificate
from a physician of its choice. The additional medical report or certificate
shall be based on that physician's examination of the customer.
(2) Failure of the customer without good
cause to attend the utility-required medical appointment shall be sufficient
reason for suspension of service by the utility.
(3) If the information in the additional
report or certificate does not meet the criteria in this Rule for delaying
suspension, a utility may suspend service after giving the customer an
additional 5 days written notice.
F.
Liability for Payment for
Service
Delaying suspension or reconnecting service under this Rule does not
excuse the customer from having to pay for the service.
G.
Contact Procedures Before Suspension
of Service
If suspension has been postponed under this Rule, and the medical
certificate has expired, the utility must follow the notification requirement
of Rule 6.04. (A) prior to suspension.
Rule 6.18.
Elderly and
Individuals with Disabilities
This Rule only applies to residential customers.
A.
Identification of the Elderly and
Individuals with Disabilities for Registration
Utilities shall attempt to identify eligible individuals by informing
them that a special program is available for customers who qualify under this
Rule and shall then ask qualifying applicants or customers whether they wish to
be registered as provided in this Rule:
(1) When an applicant requests
service;
(2) When asked if there
are options for elderly customers and customers who are individuals with
disabilities; and,
(3) When
contacted by a customer about suspension.
B.
Customer Contact
At least 72 hours before suspending service to the account of an
identified elderly or individual with disabilities, a utility must make 2
attempts at different times of day to contact the customer, an adult at the
premises, or someone previously designated by the customer, either in person or
by telephone.
(1) If the attempt to
contact is successful, the utility shall:
a.
offer to explain to the customer, an adult at the premises, or someone
previously designated by the customer, what can be done to avoid suspension;
and,
b. offer to explain the
payment and assistance options set out in Subsection C. of this Rule.
(2) If the attempt to make
personal contact with the customer, an adult at the premises/ or other
designated individual is not successful, the utility must give 24 hours written
notice, which explains what can be done to avoid suspension/ before suspending
service. If the utility delivers the notice to the customer's premises, the
utility must leave the notice in a conspicuous place where the notice is easy
to see. If the utility mails the notice, the 24 hours begins 3 calendar days
after the date the notice is postmarked. The utility must send the notice to
the customer's address by first-class mail.
C.
Payment and Assistance
Options
When an identified elderly customer or customer who is an individual
with disabilities tells a utility they cannot pay a bill on time/ or upon
contacting an identified elderly customer or customer who is an individual with
disabilities under Subsection B. of this Rule, the utility shall offer
to:
(1) Arrange a delayed payment
agreement, or, for electric and gas utilities, arrange for levelized
billing;
(2) Explain the right to
third party notice before suspension of service; and,
(3) Provide the names of federal, state, and
local bill payment assistance agencies.
D.
Records
A utility shall mark the accounts of identified elderly customers or
customers who are individuals with disabilities. Utilities shall keep a record
as required by Rule 7.02. of how they handled overdue accounts of elderly
customers and customers. who are individuals with disabilities.
E.
Hot Weather
Protection
(1) An electric or gas
utility shall not suspend residential service to an elderly customer or
customer who is an individual with disabilities on a day when the National
Weather Service forecasts that a temperature of 95 degrees Fahrenheit or higher
will occur at any time during the following 24-hour period. For gas utilities,
hot weather protection shall be limited to elderly or individuals with
disabilities air conditioning customers only.
(2) The utility must obtain the forecast for
the customer's weather zone from the National Weather Service reports on the
morning of the day that the customer's shut-off is scheduled.
F.
False Information
If a customer gives false information to a utility to qualify as
elderly or an individual with disabilities, the utility may suspend service
under Rule 6.01.G.
Rule
6.19.
Provisions for Landlords and
TenantsA.
Account
Identification
Each utility shall file with the Commission procedures for identifying
accounts where service is provided at an address different from the mailing
address of the bill. The procedures may include requiring landlords to identify
themselves as landlords and to identify their tenants by name, address, and
account number. Without that identification, the utility shall not be required
to treat a customer as a tenant unless it has actual knowledge or information
that reliably indicates that the person to whom service is provided is a
tenant.
B.
Suspension
Procedures
The utility shall not suspend service to an identified account for
non-payment until it sends a suspension notice to the landlord. If no response
is received from the landlord within 7 days from the mail date, the utility
shall take the following actions:
(1)
Post a suspension notice in conspicuous locations such as near mail boxes,
building entrances, exits, and other areas of common usage or mail a suspension
notice to all tenants at least 14 days before suspending service;
(2) Wait at least 30 days after the due date
of the landlord's bill before suspending service; and,
(3) Allow any tenant to apply for service in
the tenant's name if separate metering is feasible.
C.
Payment Liability
A utility shall not recover from a tenant or condition service to a
tenant on the payment of any amounts owed by the landlord to the
utility.
Rule
6.20.
Stopping Service at Customer
RequestA.
Notice
A customer who wants to stop service must tell the utility at least 5
days before the requested disconnection date.
The minimum 5 day notice period begins:
(1) On the day the customer telephones the
utility;
(2) When the customer
personally informs the local business office; or,
(3) Three days after the customer has mailed
the notice to the utility.
B.
Liability
The customer does not have to pay for service after the disconnection
date requested by the customer, so long as proper notice was given according to
Subsection A. of this Rule.
C.
Confirmation
A utility must confirm the disconnection date if the customer
asks.
SECTION
7.
RECORDS AND REPORTS
Rule
7.01.
Application Records
A. Each utility must keep a record of each
written or verbal application for utility service except as provided in the
Exception to Rule 3.01.B. Records of applications must be kept for at least 2
years unless cancelled or withdrawn. If an application is still active at the
end of the 2 year period, it must be kept until it is served or until the
application is cancelled or withdrawn.
B. Each application record shall include:
(1) Name and current address of the
applicant;
(2) Address of location
where service is being requested;
(3) Date of the request;
(4) Date service is desired;
(5) Estimated service date;
(6) Class of service applied for;
(7) Availability of facilities;
and,
(8) The date service was
provided or the reason service was delayed or deferred.
Rule 7.02.
Account Records
A. Each utility shall keep a ledger or other
record of billings to and all money paid by each customer.
B. The record shall contain all information
necessary to figure bills, including customer name, mailing address, service
location, account number/ dates service was provided, meter readings, billed
amounts, rate schedules and payment plans, any payment arrangements, and each
transaction concerning each deposit.
C. A utility shall mark the accounts of
identified elderly and customers who are individuals with disabilities.
Utilities shall keep a record of how they handled overdue accounts of elderly
customers and customers who are individuals with disabilities.
D. Utilities shall keep records so that costs
and payments for separate services can be easily identified.
Rule 7.03.
Deposit Records
Each utility shall keep a record containing the following information
for each customer account:
(1) The
name of the customer for whom the deposit is made,-
(2) The service location;
(3) The deposit amount;
(4) The deposit date;
(5) The reason for the deposit;
(6) Each transaction concerning each deposit;
and,
(7) All efforts to return the
deposit to the customer.
Rule
7.04.
Complaint Records
A utility shall keep an up-to-date record of all customer complaints,
showing the name and address of the complainant, the account number, the date
and character of the complaint, action taken to resolve the complaint, and the
date of resolution.
A. Utilities shall
keep the record in a way that allows reporting by name, account number, or
telephone number; and category.
B.
Each utility shall establish categories for all complaints which allow
utilities to record complaints by specific type.
C. Utilities shall keep complaint records at
least 3 years.
Rule
7.05.
Test and Inspection
Records
Utilities shall make a complete record of every test or inspection
which these Rules require. The record shall include the time, date, place,
tester, inspector, and the results. Utilities shall keep test and inspection
records at least 2 years, or as specified in these Rules or in the Commission's
Special Rules.
Rule 7.06.
Operating- Records
A. Each utility shall keep a detailed record
of its production, transmission, and/or distribution operations.
(1) The record shall include any units of
service produced, purchased, and sent out. The record shall also include any
fuels or other raw materials used in the production of the utility's product
and the length of time each unit which produced the utility's product was
operating, if applicable.
(2) The
record shall be detailed enough to substantially replicate the operations of
each production, transmission, and/or distribution unit for use in statistical
and analytical studies for regulatory purposes.
B. All utilities shall keep records so that
costs for separate kinds of services or non-utility enterprises can be easily
identified.
C. Each utility shall
keep records of its customer call center operations. The records shall be kept
in sufficient detail to calculate the utility's performance as required by Rule
2.05.D. The records shall be kept. separately for each customer call center.
Utilities shall keep the records at least 3 years. These records shall be
maintained by month and shall include, but are not limited to;
(1) The total number of calls
attempted;
(2) The total number of
calls receiving a busy signal;
(3)
The total number of calls received;
(4) The total number of received calls
answered within 30 seconds;
(5) The
total number of calls answered within 30 seconds of the customer requesting an
employee;
(6) Within an automated
system, the total number of calls where a customer selects to speak to an
employee;
(7) The average speed to
answer time for received calls that are answered;
(8) The results of the utility's monthly
determinations required by Rules 2.05.D, (2) and (3); and,
(9) The number of abandoned calls.
Rule 7.07.
Service Outage Records
Each utility shall keep records of all detected or documented service
outages. Each record shall include the time, date, location, duration, cause,
and extent of each outage. Utilities shall keep the records at least 2
years.
Rule 7.08.
Location of Records
Utilities shall keep records within the State of Arkansas/ at the
offices of the utility, or at locations outside the State of Arkansas
authorized by the Commission. Such records shall be available at all reasonable
hours for examination by the Commission, its representatives, or others
authorized by the Commission.
Rule
7.09.
Reports to the
Commission
A.
Outages
Utilities shall promptly report outages in an individual city, town, or
in the same general area, which last more than 4 hours and affect 100 or more
customers by telephone to the Commission' s Consumer Services Office. After
normal business hours and on weekends and holidays, utilities may report
outages by leaving a message on the Commission's Consumer Services Office
recorder.
B.
Changes
in Service
Each utility shall notify the Commission's Consumer Services Office in
writing at least 30 days before making any major changes in its method of
operation or in the character of service. For example, the closing of a utility
business office and the moving of a utility's billing department out of state
would be considered major changes for the purposes of this Rule.
C.
Customer
Complaints
Upon request, each utility shall make available in writing to the
Commission the number of customer complaints by category as required by Rule
7.04.B. for the requested time period.
D.
Reference Information
Each utility shall provide the Commission's Consumer Services Office
with current copies of the following required information:
(1) Information on Utility Service (Rule
2.01);
(2) Current list of utility
personnel who answer Commission questions about complaints (Rule 2.07. A. (3));
(3) Service Application Form (Rule
3.02.);
(4) Bill Form (Rule
5.02.);
(5) Shut-Off Notice Form
(Rule 6.05.); and,
(6) Delayed
Payment Agreement Form (Rule 6.14.) .
New copies of the information shall be provided to the Commission's
Consumer Services Office whenever the information is revised.
E.
Commission Requests for
Reports
The Commission may request any information in any form from a utility
which it has a right to obtain. (Ark. Code Ann. §
23-2-309.)
SECTION 8.
GENERAL SERVICE STANDARDS
Rule
8.01.
Safe and Adequate
ServiceA. Each utility
shall operate and maintain its entire system so that service is safe, adequate,
and reliable.
B. Each utility shall
inspect its entire system as necessary to have a reasonable knowledge of the
system's condition at all times.
Rule
8.02.
Electrical Inductive and Conductive
Effects
All utility companies shall coordinate their efforts and use all
reasonable means to minimize the detrimental electrical inductive and
conductive effects between utility systems. Priority shall be given to
eliminating stray currents that affect quality of service or create potential
hazards to the public.
Rule
8.03.
Extensions, Additions, Repairs, Chancres
and Improvements
After a public hearing, the Commission may require a utility to make
extensions, additions, repairs, or changes in or improvements to any equipment,
main, or line if the Commission finds that they should reasonably be made to
promote the security or convenience of the public or to secure adequate service
or facilities.
Rule 8.04.
Service Interruptions
A.
Scheduled Interruptions
(1)
Scheduling
Except in an emergency, utilities shall schedule interruptions so that
the inconvenience to customers is minimized.
(2)
Notice
Utilities shall make reasonable efforts to notify customers affected by
a scheduled interruption as far ahead as practical and. give them the date,
time, and planned length of the interruption.
B.
Unforeseen Interruptions
Utilities shall make reasonable efforts to notify customers affected by
an unforeseen interruption as soon as practical and explain the cause and how
long it will last.
C.
Restoration Priority
Utilities shall make every reasonable effort to first restore service
which affects public health and safety.
Rule 8.05..
Emergency
Repair Service and Telephone Number
A. Each utility shall perform emergency
repair service. The utility shall take into account both the needs of the
customer and the safety of utility personnel. Emergency restoration
requirements are in the Commission's Special Rules.
B. Each utility shall list in the directory
of each telecommunications provider which provides basic local service in any
area it serves an emergency repair service number where a customer may call
toll-free. (Collect calls accepted by the utility are considered to be
toll-free calls.) The emergency number shall be manned 24 hours a day or shall
have a recording or answering service directing the caller to a number manned
24 hours a day.
Rule
8.06.
Emergency Response to
outagesA.
Restoration Priority
Utilities shall first attempt to restore service which affects public
health and safety.
B.
Restoration Procedures
Each utility shall have written procedures for designated employees to
follow during major service outages. The procedures shall contain at least the
following:
(1) Notification procedures
for emergency response personnel;
(2) General location (s) of equipment, tools,
and materials normally needed to restore service;
(3) Procedures for notifying fire, police,
medical and other public officials; and,
(4) General procedures to determine whether
the system is safe.
Rule
8.07.
Marking Locations of Underground
Facilities
Unless otherwise agreed to by the excavator, each utility shall mark
the approximate location of its underground facilities, in compliance with Ark.
Code Ann. §§
14-271-110
and
14-271-111,
within 2 working days of notification from the One Call Center or the
excavator.
