Current through Register Vol. 48, No. 38, September 20, 2024
a
Notwithstanding any other provision of this Part, no
electric or gas public utility shall disconnect service to any residential customer
or master-metered apartment building for nonpayment of a bill or deposit where gas
or electricity is used as the primary source of space heating equipment at the
premises during the period of time from December 1 through and including March 31 of
the immediately succeeding calendar year, unless:
1
The utility:
A
Has offered the customer a
winter deferred payment arrangement (winter DPA) allowing
for payment of past due amounts over a period of not less than four months not to
extend beyond the following November and the option to enter into a budget payment
plan for the payment of future bills. The maximum down payment requirements shall
not exceed 10 percent of the amount past due and owing at the time of entering into
the agreement; and
B
provides the customer with the names, addresses and telephone numbers of
governmental and private agencies which may provide assistance to customers of
public utilities in paying their utility bills; the utility must obtain the approval
of an agency before placing the name of that agency on any list used to provide the
information to customers;
2
The customer has refused or failed to
enter into a winter DPA as described in subsection
(a)(1)(A); and
3
All
disconnection notice requirements as provided by law and this Part
have been met by the utility.
b
Prior to termination of service for any
residential customer or master-metered apartment building during the period from
December 1 through and including March 31 of the immediately succeeding calendar
year, all electric and gas public utilities shall, in addition to all other
notices:
1
Notify the customer or
an adult (a person over the age of 18)
residing at the customer's
premises either by telephone, a personal visit to the customer's premises or by
first class mail, informing the customer that:
A
The customer's account is in arrears and
the customer's service is subject to disconnection for nonpayment of a
bill;
B
The customer
can avoid disconnection of service by entering into a deferred payment agreement to
pay past due amounts over a period not to extend beyond the following November and
the customer has the option to enter into a budget payment plan for the payment of
future bills; and
C
The
customer may apply for any available assistance to aid in the payment of utility
bills from any governmental or private agencies from the list of the agencies
provided to the customer by the utility.
2 A public utility shall be required to
make only one contact required in subsection (b)(1) with the
customer during any period from December 1 through and including March 31 of the
immediately succeeding calendar year.
3
Each public utility shall maintain
records which shall include, but not necessarily be limited to, the manner by which
the customer was notified and the time, date and manner by which any prior
unsuccessful efforts to contact the customer were made. These records shall also
describe the terms of the DPA offered to the customer and those entered into by the
utility and the customer. These records shall indicate the total amount past due,
the down payment, the amount remaining to be paid and the number of months allowed
to pay the outstanding balance. No public utility shall be required to retain
records pertaining to unsuccessful efforts to contact or DPAs rejected by the
customer after the customer has entered into a DPA with the
utility.
c
No public utility shall disconnect service for nonpayment of a bill until
the lapse of six business days after making the notification required in
subsection (b)(1) so as to allow the customer an opportunity to:
1
Enter into a DPA and the option to enter
into a budget payment plan for the payment of future bills; and
2
Contact a governmental or private agency
that may provide assistance to customers for the payment of public utility
bills.
d
Any
residential customer who enters into a DPA pursuant to this Section and
subsequently, during that period of time set forth in subsection (a),
becomes subject to disconnection, shall be given notice as required by law
and this Part prior to disconnection of service.
e
During that time period set forth
in subsection (a), a utility shall not require a down payment for a
deposit from a residential customer, pursuant to Section
280.40, in excess
of 20% of the total deposit requested. An additional four months shall be allowed to
pay the remainder of the deposit. This provision shall not apply to master-metered
apartment buildings or other non-residential customers.
f
During that period of time set
forth in subsection (a), the provisions of Section
280.120 that
allow a utility to refuse to offer a DPA to a residential customer who has defaulted
on an agreement within the past 12 months are suspended. However, no utility
shall be required to enter into more than one DPA under this Part
with any residential customer or master-metered apartment building during
the period from December 1 through and including March 31 of the immediately
succeeding calendar year.
g
In order to enable customers to take advantage of energy assistance
programs, customers who can demonstrate that their applications for a local, State
or federal energy assistance program have been approved may request that the amount
they will be entitled to receive as a regular energy assistance payment be deducted
and set aside from the amount past due on which they make DPAs. Payment on the
set-aside amount will be credited when the energy assistance voucher or check is
received, according to the utility's common business practice.
h
In no event shall any utility send a
disconnection notice to any customer who has entered into a current DPA and has not
defaulted on that DPA, unless the disconnection notice pertains to a deposit
request.
i
Each utility
will include with each disconnection notice sent during the period from December 1
through and including March 31 of the immediately succeeding calendar year to a
residential customer an insert explaining the provisions of this Section
and providing a telephone number of the utility company the customer may
call to receive further information.
j Filing with the Commission:
1
Each utility shall file with the
Commission prior to December 1 of each year a plan detailing the implementation of
this Section. This plan shall contain, but not be limited to:
A
A description of the methods to be used
to notify residential customers as defined in this Part, including the forms of
written and oral noticeswhich shall be required to include all the
information contained in subsection (b);
B
A listing of the names, addresses and
telephone numbers of governmental and private agencies which may provide assistance
to residential customers in paying their utility bills;
C
The program of employee education and
information which shall be used by the company in the implementation of this
Section; and
D
A
description of methods to be utilized to inform residential customers of those
governmental and private agencies and current and planned methods of cooperation
with those agencies to identify the customers who qualify for assistance in paying
their utility bills.
2
A utility that has a plan on file with
the Commission need not resubmit a new plan each year. However, any alteration of
the plan on file must be submitted prior to December 1 of any
year.
3
All plans are
subject to review and approval by the Commission, which may direct a utility to
alter its plan to comply with this Part. [220 ILCS
5/8-206]
