Current through Register Vol. 48, No. 38, September 20, 2024
a
Any former residential customer whose
gas or electric service was used to provide or control the primary source of space
heating in the dwelling and whose service is disconnected for non-payment of a bill
or a deposit from December 1 of the prior winter's heating season through April 1 of
the current heating season shall be eligible for reconnection and a deferred payment
arrangement under the provisions of this Section. Under this Section, a
former residential customer shall also include a former customer who has moved to a
new location after the service at the customer's former premises was disconnected.
However, it shall be the responsibility of the former customer to notify the utility
of his or her need for service at the new premises, and a utility shall not be
obliged to search for former customers who have moved for the purpose of subsection
(g).
b Limitations: A utility
shall not be required to reconnect service to and enter into a deferred payment
arrangement with a former customer under the provisions of this Section:
1
Except between November 1 and April 1 of
the current heating season for former customers who do not have applications pending
for the program described in Section 6 of the Energy Assistance Act
[305
ILCS 20/6] , and except between October 1 and April
1 of the current heating season for all former customers who do have applications
pending for the program described in Section 6 of the Energy Assistance Act and who
provide proof of application with the utility.
2
In two consecutive
years;
3
Unless that
former customer has paid at least 331/3 percent of the amount
billed for utility service rendered by that utility subsequent to December 1 of the
prior year. A former customer who did not pay the required amount prior to
disconnection may establish eligibility by paying the required amount when seeking
reconnection under this Section. In addition to calculating the 331/3 percent the
former customer must pay to establish eligibility, the utility shall calculate the
amount the customer must pay to enter into a payment agreement. For purpose of
simplification, the utility shall inform the customer of the total amount needed for
reconnection, including amounts required under subsections (b)(3), (b)(4), (d) and
(e). The utility shall accept multiple sources of payment, including but not limited
to energy assistance program payments, for purposes of satisfying this
requirement.
4 Until
the customer pays the charges associated with the tampering, in any instance
where the utility can show that there has been tampering with the utility's wires,
pipes, meters (including locking devices), or other service equipment and further
shows that the former customer enjoyed the benefit of utility service in the
aforesaid manner.
c
DPA: The terms and conditions of any deferred payment arrangements
established by the utility and a former customer shall take into consideration the
following factors, based upon information available from current utility records or
provided by the former customer:
1
The amount past due;
2
The former customer's ability to pay;
3
The former customer's payment
history;
4
The reasons
for the accumulation of the past due amounts; and
5
Any other relevant factors relating to
the former customer's circumstances.
d
After the former customer's eligibility
has been established in accordance with subsections (a) and (b),
and, upon the establishment of a deferred payment agreement, the former
customer shall pay 1/3 of the amount past due (including
reconnection charge, if any) and 1/3 of any deposit required by the
utility.
e Reconnection:
1
Upon payment of the 1/3
of the amount past due and 1/3 of any deposit required by
the utility, the former customer's service shall be reconnected as soon as possible.
The company and the former customer shall agree to a payment schedule for the
remaining balances whichwill reasonably allow the former customer
to make the payments on the remainder of the deposit and the past due balance while
paying current bills during the winter heating season.
2 Notwithstanding the requirements of subsection
(e)(1), a former customer who demonstrates to the utility, or to the Commission
through formal or informal complaint under Sections
280.220 or
280.230, a
financial inability to meet the requirement of the 1/3 of the amount past due and
1/3 of any deposit requested by the utility shall be reconnected upon paying a
reasonable amount and upon entering into a deferred payment agreement
A In determining financial inability under this
subsection (e)(2), the following factors, among others, shall be considered:
i The combined income and financial resources of
all persons residing in the former customer's household;
ii The combined living expense of the former
customer's household;
iii The former
customer's payment history; and
iv The
reasons for the accumulation of past due amounts.
B A low income customer as defined by this Part
shall automatically qualify for financial inability under this subsection
(e)(2).
C For purposes of this
subsection (e)(2), a "reasonable amount" shall be 20 percent of the amount past due
and 20 percent of any deposit required by the utility.
3
However, the utility is not obliged to
make payment arrangements extending beyond the following November. The utility shall
allow the former customer a minimum of four months in which to retire the past due
balance and a minimum of three months in which to pay the remainder of the deposit.
The former customer shall also be informed that payment on the amounts past due and
the deposit, if any, plus the current bills must be paid by the due date or the
customer may be subject to disconnection of service.
f
Any payment agreement made shall be in
writing, with a copy provided to the former customer. The renegotiation and
reinstatement provisions contained in Sections
280.120 and
280.125
and the budget payment plan provisions of Section
280.80 shall
also apply to payment agreements made pursuant to this Section.
g Survey and Notice to Affected Customers:
1
Not later than September 15 of each
year, every gas and electric utility shall conduct a survey of all former
residential customers whose gas and/or electric service was used to provide or
control the primary source of space heating in the dwelling and whose gas and/or
electric services was terminated for non-payment of a bill or deposit from December
1 of the previous year to September 15 of that year and where service at that
premises has not been restored.
2
Not later than October 1 of each year,
the utility shall notify each of these former customers that the gas and/or electric
service will be restored by the company for the coming heating season if the former
customer contacts the utility and makes arrangements to pay the past due balance and
any deposit to the utility under the conditions set forth in this
Section.
3
A utility
shall notify the former customer or an adult member of the household by personal
visit, telephone contact or mailing of a letter by first class mail to the last
known address of that former customer. The utility shall keep
recordswhich would indicate the date, form and results of the
contact.
4 Any former customer
who meets the eligibility requirements under subsections (a) and (b) shall be
eligible for reconnection under this Section, regardless of whether the utility
identified the former customer in the survey requirements of this subsection (g) and
regardless of whether that former customer received notification under this
subsection (g).
h Not later
than November 20 and May 20 of each year, each gas and electric utility that has
former customers affected by this Section shall file a report with the Commission
providing statistical data concerning numbers of disconnections and reconnections
involving utility service and deposits, and data concerning the dollar amounts
involved in these transactions. The Commission shall notify each gas and
electric utility prior to August 1 of each year concerning the information which is
to be included in the report for the following heating season.
i
In no event shall any actions taken by a
utility in compliance with this Section be deemed to abrogate or in any way
interfere with the utility's rights to pursue the normal collection processes
otherwise available to it. [220 ILCS 5/8-207]
