Current through Register Vol. 48, No. 38, September 20, 2024
a Intent:
Payment arrangements shall be structured and administered to maximize the successful
retirement of past due utility service amounts owing to the utility while allowing
the customer to retain active utility service.
b Eligibility:
1
Mandatory offering by the utility: A residential customer owing a past due amount
for utility service shall be eligible for a deferred payment arrangement so long as
the customer has not failed to complete a previous DPA in the past 12 months.
A At any time a customer's account balance owing
is brought to current status, the utility shall consider all previous DPAs
completed.
B A customer who is eligible
for a DPA under this subsection (b) shall remain fully eligible until utility
service is disconnected.
2
Optional offering by the utility:
A At the
utility's discretion, an applicant owing a past due amount for utility service may
enter a DPA to retire the debt.
B At the
utility's discretion, a non-residential customer owing a past due amount for utility
service may enter a DPA to retire the debt.
C At the utility's discretion, a residential
customer owing a past due amount for service, but who is not automatically eligible
for a DPA under subsection (b)(1), may enter into a DPA to retire the
debt.
c Amounts
Included in DPA: The DPA shall only include amounts owing for utility service for
which the utility would otherwise be entitled to disconnect the customer's service
after proper notice if the customer was not on the DPA. DPA default shall not occur
as a result of failure to pay non-utility service charges.
d Transfer: When a customer transfers service, an
existing DPA established at the old premises shall transfer with the customer to the
new premises. A utility may be allowed to start an entirely new DPA at the new
premises to accommodate its billing systems programming so long as the "new" DPA is
identical to the previous DPA.
e Bill
Itemization:
1 Each bill rendered to a customer
who has established a DPA with the utility and has not defaulted shall include the
following information:
A The total balance
remaining on the DPA;
B The amount of
the installment;
C The number of
remaining installments on the DPA; and
D
A statement explaining that:
i a late or partial
payment may result in the cancellation of the DPA, causing the total deferred amount
and current charges to become immediately due in full; and
ii non-payment of the full amount due may result
in disconnection.
2 If a DPA defaults and is not reinstated prior to
the next bill statement, the utility shall notify the customer of the default by at
least one of the following methods:
A A message on
the next bill statement stating the amount required to reinstate the DPA if paid in
full by a specific date and that a later payment may result in additional charges or
the cancellation of the DPA; or
B A
separate written notice stating the amount required to reinstate the DPA if paid in
full by a certain date and that a later payment may result in additional charges or
the cancellation of the DPA; or
C A live
phone call to the customer. The utility shall make a record of the date, time of day
and utility personnel involved in the phone call, and retain the record for two
years. If the utility is unable to speak with the customer directly, it shall
provide either a message on the next bill statement or separate written notice of
default in accordance with subsection (e)(2)(A) or (B).
f Down Payment:
1 In order to initiate a DPA, the customer must
pay a minimum of 25% of the past due amount for utility service.
2 By agreement with the customer, the utility may
include current billing amounts with the past due amount as the total balance from
which the 25% down payment may be calculated.
3 At the utility's discretion, the down payment
amount may be decreased.
g
Length of DPA:
1 The amount of time negotiated
with the customer for the completion of the DPA shall be set between 4 to 12 billing
cycles, with the utility having the discretion to agree to more than 12 billing
cycles for completion of the DPA.
2 In
determining the length of time to offer, the utility shall take into account the
ability of the customer to successfully complete the DPA.
3 If a residential customer's household income
will not allow the customer to successfully complete a DPA of any length, the
utility shall advise the customer of the availability of local assisting
agencies.
h Installments:
1 The installments shall be equal amounts, unless
unequal amounts are established by agreement with the customer.
2 The installments shall be due at the same time
as the regular bill due dates.
i Default:
1 A
utility may consider a DPA in default when a customer fails to pay the full amount
of the installment and the current bill by the second day after the bill due
date.
2 The utility may resume
collection activity after a DPA defaults, including delivery of a disconnection
notice and subsequent disconnection of the service unless the customer pays the full
amount past due or pays the reinstatement amount and any applicable reinstatement
fee in order to resume the DPA.
j Reinstatement:
1 A utility is not obliged to reinstate a
defaulted DPA once it has disconnected service to the customer for
nonpayment.
2 A customer may reinstate a
previously defaulted DPA by paying the required amount of the DPA installments owing
up to that date, including all past due bills that were not included in the original
DPA amount. The default notice shall state that DPA reinstatement is possible for a
stated amount if paid in full by a certain date and that reinstatement subsequent to
that date may include additional charges.
3 The utility shall not assess a reinstatement fee
for the first reinstatement of a defaulted DPA.
4 For each subsequent default after the first, in
addition to paying the amounts required under subsection (j)(2), the customer shall
pay a reinstatement fee if the utility has filed a tariff establishing a
reinstatement fee.
k
Renegotiation:
1 A customer whose financial
conditions change during the course of a DPA shall be allowed to renegotiate the
length of the DPA with the utility to ensure its successful completion.
2 One renegotiation is allowed during the course
of a DPA, so long as:
A The customer is willing to
discuss the customer's financial circumstances;
B The customer has at least made the down payment
on the original DPA; and
C The DPA is
not currently in default status.
3 Through renegotiation, the utility shall not be
obliged to extend the term of the DPA any longer than 4 to 12 additional billing
cycles beyond the original term of the DPA; provided, however, that the utility and
customer may renegotiate the DPA for a longer term if both parties agree.
4 Renegotiation does not preclude a customer's
right to reinstate a defaulted DPA prior to disconnection.
l Overlapping Arrangements: Multiple arrangements
of any type under this Section shall not be employed simultaneously without the
consent of both the utility and the customer. However, the utility shall not
maintain an otherwise defaulted arrangement to prevent a customer from using another
type of payment arrangement for which the customer is eligible.
m Eligibility for Winter DPA: A customer's right
to establish a winter DPA under Section
280.135
shall be unaffected by any default on a DPA under this Section.
