Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This rule prescribes conditions under which
utilities may refuse to commence service to an applicant for residential
service and establishes procedures to be followed by utilities to insure
reasonable and uniform standards exist for denial of service. This rule also
protects an applicant(s) at the time of their application, from being required
to pay for the bills incurred by other individuals for service from which the
applicant(s) did not receive substantial benefit.
(1) When the utility refuses to provide
service to an applicant, it shall inform the applicant in writing, and shall
maintain a record of the written notice. A utility may refuse to commence
service to an applicant for any of the following reasons:
(A) Failure to pay a delinquent utility
charge for services provided by that utility or by its regulated affiliate that
is not subject to dispute under applicable dispute review provisions of
4 CSR
240-13.045. Outside of the Cold Weather Rule period,
if the utility asserts that a dispute is frivolous, it may defer commencing
service until a decision is rendered under
4 CSR
240-13.045(4).
(B) Failure to post a required deposit or
guarantee in accordance with
4 CSR
240-13.030 or the utility's tariffs;
(C) Refusal or failure to permit inspection,
maintenance, replacement, or meter reading of utility equipment. If the
applicant does not provide access to the utility for such purposes, the utility
shall provide notice to the applicant regarding its need for inspection,
maintenance, replacement, or meter reading of utility equipment and shall
maintain an accurate record of the notice provided.
1. The notice shall include one (1) of the
following:
A. Written notice by first class
mail sent to the applicant; or
B.
Written notice delivered in hand to the applicant; or
C. At least two (2) telephone call attempts
reasonably calculated to reach the applicant;
D. Written notification regarding refusal to
provide service.
2. The
notice or information provided shall contain the following information:
A. The name and address of the applicant and
the address where service is being requested;
B. How the applicant may comply with the
requirements to have service connected;
C. A telephone number the applicant may call
from the service location without incurring toll charges and the address of the
utility prominently displayed where the applicant may make an
inquiry;
D. A statement in Spanish
either-
(I) Advising the applicant that if
they do not read English, to ask someone who does to translate the notice for
them; or
(II) Advising the
applicant to call the utility for assistance if the utility provides telephone
assistance in Spanish;
E. If the applicant is unable to resolve the
matter satisfactorily with the utility, they may contact the Public Service
Commission;
(D) Misrepresentation of identity;
(E) Violation of any other rules of the
utility's commission-approved tariffs, which adversely affects the safety of
the applicant, or other persons, or the integrity of the utility's
system;
(F) As provided by state or
federal law;
(G) Failure of a
previous owner or occupant of the premises to pay delinquent utility charges
where the previous owner or occupant remains an occupant;
(H) Failure to comply with the terms of a
settlement agreement; or
(I)
Unauthorized use, interference, or diversion of the utility's service by the
applicant, or by a previous owner or occupant who remains an
occupant.
(2) A utility
shall not refuse to commence service to an applicant for any of the following
reasons:
(A) Failure to pay for merchandise,
appliances, or services not subject to commission jurisdiction as an integral
part of the utility service provided by a utility;
(B) Failure to pay the bill of another
customer, unless the applicant who is seeking service received substantial
benefit and use of the service to that customer, or unless the applicant is the
legal guarantor for a delinquent bill. In this instance, the utility refusing
to commence service, shall have the burden of proof to show that the applicant
received substantial benefit and use of the service, or that the applicant is
the legal guarantor, provided that such burden shall not apply if the applicant
refuses to cooperate in providing or obtaining information the applicant has or
should have regarding the applicant's residence history. To meet that burden
the utility must have reliable evidence that-
1. The applicant and that customer resided
together at the premises where the bill was incurred and during the period the
bill was incurred; and
2. The bill
was incurred within the last seven (7) years; and
3. The utility has attempted to collect the
unpaid bill from the customer of record; and
4. At the time of the applicant(s) request
for service, the bill remains unpaid and not in dispute.
(3) The utility shall commence
service at an existing residential service location in accordance with this
rule as close as reasonably possible to the day specified by the customer for
service to commence, but no later than, three (3) business days following the
day specified by the customer for service to commence provided that the
applicant has complied with all requirements of this rule. When service to a
new residential location is requested, the utility shall commence service in
accordance with this rule as close as reasonably possible to the day specified
by the applicant for service to commence, but normally no later than three (3)
business days following the day that all required construction is completed and
all inspections have been made.
(4)
Notwithstanding any other provision of this rule, a utility may refuse to
commence service temporarily for reasons of maintenance, health, safety, or a
state of emergency until the reason for such refusal has been
resolved.
(5) Any provision of this
rule may be waived or varied by the commission for good cause.
*Original authority: 386.250, RSMo 1939, amended 1963,
1967, 1977, 1980, 1987, 1988, 1991, 1993, 1995, 1996; 393.130, RSMo 1939,
amended 1949, 1967, 1969, 2002; 393.140, RSMo 1939, amended 1949,
1967.
