Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This rule prescribes the conditions under
which service to a customer may be discontinued and procedures to be followed
by utilities and customers regarding these matters so that reasonable and
uniform standards exist for the discontinuance of service.
(1) Service may be discontinued for any of
the following reasons:
(A) Nonpayment of an
undisputed delinquent charge;
(B)
Failure to post a required deposit or guarantee;
(C) Water service may be discontinued for
nonpayment of a bill for sewer service, either provided by the water utility if
it is also the sewer utility, or by the terms of a contract between the water
utility and any sewer provider;
(D)
Unauthorized use, interference, or diversion of the utility service situated or
delivered on or about the customer's premises;
(E) Failure to comply with terms of a
settlement agreement;
(F) Refusal
after reasonable notice to permit inspection, maintenance, replacement, or
meter reading of utility equipment. If the utility has a reasonable belief that
health or safety is at risk, notice at the time inspection is attempted is
reasonable;
(G) Misrepresentation
of identity in obtaining utility service;
(H) Violation of any other rules of the
utility approved by the commission which adversely affects the safety of the
customer or other persons or the integrity of the utility's system;
or
(I) As provided by state or
federal law.
(2) None of
the following shall constitute sufficient cause for a utility to discontinue
service:
(A) The failure of a customer 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) The failure of the customer to pay for
service received at a separate metering point, residence, or location. In the
event of discontinuance or termination of service at a separate residential
metering point, residence, or location in accordance with these rules, a
utility may transfer and bill any unpaid balance to any other residential
service account of the customer and may discontinue service after twenty-one
(21) days after rendition of the combined bill, for nonpayment, in accordance
with this rule;
(C) The failure of
the customer to pay for a different class of service received at the same or
different location. The placing of more than one (1) meter at the same location
for the purpose of billing the usage of specific devices under optional rate
schedules or provisions is not construed as a different class of service for
the purpose of this rule;
(D) The
failure to pay the bill of another customer, unless the customer whose service
is sought to be discontinued received substantial benefit and use of the
service billed to the other customer;
(E) The failure of a previous owner or
occupant of the premises to pay an unpaid or delinquent bill except where the
previous occupant remains an occupant or user; or
(F) The failure to pay a bill correcting a
previous underbilling, whenever the customer claims an inability to pay the
corrected amount, unless a utility has offered the customer a payment
arrangement equal to the period of underbilling.
(3) On the date specified on the notice of
discontinuance or within thirty (30) calendar days after that, and subject to
the requirements of these rules, a utility may discontinue service to a
residential customer between the hours of 8:00 a.m. and 4:00 p.m. Service shall
not be discontinued on a day when utility personnel are not available to
reconnect the customer's service, or on a day immediately preceding such a day.
After the thirty (30) calendar day effective period of the notice, all notice
procedures required by this rule shall again be followed before the utility may
discontinue service.
(4) The notice
of discontinuance shall contain the following information:
(A) The name and address of the customer and
the address, if different, where service is rendered;
(B) A statement of the reason for the
proposed discontinuance of service and the cost for reconnection;
(C) The date on or after which service will
be discontinued unless appropriate action is taken;
(D) How a customer may avoid the
discontinuance;
(E) The possibility
of a payment agreement if the claim is for a charge not in dispute and the
customer is unable to pay the charge in full at one (1) time; and
(F) A telephone number the customer may call
from the service location without incurring toll charges and the address of the
utility prominently displayed where the customer may make an inquiry. Charges
for measured local service are not toll charges for purposes of this
rule.
(5) An electric,
gas, or water utility shall not discontinue residential service pursuant to
section (1) unless written notice by first class mail is sent to the customer
at least ten (10) days prior to the date of the proposed discontinuance.
Service of notice by mail is complete upon mailing. As an alternative, a
utility may deliver a written notice in hand to the customer at least
ninety-six (96) hours prior to discontinuance. Except, a water utility shall
not be required to provide notice when discontinuing water service for
nonpayment of sewer bill by the terms of a contract between the water utility
and any sewer provider, when the sewer provider has duly issued notice of
discontinuance of service to its customer. A sewer utility shall not
discontinue residential sewer service pursuant to section (1) unless written
notice by certified mail return receipt requested is sent to the customer at
least thirty (30) days prior to the date of the proposed discontinuance;
except:
(A) A water utility that is also a
sewer utility and issues combined water and sewer billing may discontinue
residential water service for nonpayment of the portion of a bill that is for
residential sewer service after sending notice by first class mail at least ten
(10) days prior to the date of the proposed water discontinuance, or
hand-delivered notice at least ninety-six (96) hours prior to the proposed
water discontinuance, as provided above, in lieu of providing specific notice
of discontinuance of sewer service;
(B) A water utility may discontinue
residential water service for nonpayment of a bill for residential sewer
service from any sewer provider, by the terms of a contract between the water
utility and any sewer provider, if the water utility issues sewer billing on
behalf of the sewer provider combined with its water billing, after providing
notice by first class mail at least ten (10) days prior to the date of the
proposed water discontinuance, or hand-delivered notice at least ninety-six
(96) hours prior to the proposed water discontinuance, as provided above, in
lieu of the sewer provider sending any notice to the customer;
(C) A sewer utility may discontinue
residential sewer service by arranging for discontinuance of water service with
any water provider, by the terms of a contract between the sewer utility and
the water provider, if the water provider issues combined water and sewer
billing, after the water provider provides notice by first class mail at least
ten (10) days prior to the date of the proposed water discontinuance, or
hand-delivered notice at least ninety-six (96) hours prior to the proposed
water discontinuance, as provided above, in lieu of the sewer utility sending
any notice to the customer.
(6) A utility shall maintain an accurate
record of the date of mailing or delivery. A notice of discontinuance of
service shall not be issued as to that portion of a bill which is determined to
be an amount in dispute pursuant to sections
4 CSR
240-13.045(5) or (6) that is
currently the subject of a dispute pending with the utility or complaint before
the commission, nor shall such a notice be issued as to any bill or portion of
a bill which is the subject of a settlement agreement except after breach of a
settlement agreement, unless the utility inadvertently issues the notice, in
which case the utility shall take necessary steps to withdraw or cancel this
notice.
(7) Notice shall be
provided as follows:
(A) At least ten (10)
days prior to discontinuance of service for nonpayment of a bill or deposit at
a multidwelling unit residential building at which usage is measured by a
single meter, notices of the company's intent to discontinue shall be
conspicuously posted in public areas of the building; provided, however, that
these notices shall not be required if the utility is not aware that the
structure is a single-metered multidwelling unit residential building. The
notices shall include the date on or after which discontinuance may occur and
advise of tenant rights pursuant to section
441.650,
RSMo. The utility shall not be required to provide notice in individual
situations where safety of employees is a consideration.
(B) At least ten (10) days prior to
discontinuance of service for nonpayment of a bill or deposit at a
multidwelling unit residential building where each unit is individually metered
and for which a single customer is responsible for payment for service to all
units in the building or at a residence in which the occupant using utility
service is not the utility's customer, the utility shall give the occupant(s)
written notice of the utility's intent to discontinue service; provided,
however, that this notice shall not be required unless one (1) occupant has
advised the utility or the utility is otherwise aware that s/he is not the
customer; and
(C) In the case of a
multidwelling unit residential building where each unit is individually metered
or in the case of a single family residence, the notice provided to the
occupant of the unit about to be discontinued shall outline the procedure by
which the occupant may apply in his/her name for service of the same character
presently received through that meter.
(D) In the case of a multidwelling unit
residential building where each unit is individually metered and the utility
seeks to discontinue service for any lawful reason to at least one (1), but not
all of the units in the building, and access to a meter that is subject to
discontinuance is restricted, such as where the meter is located within the
building, the utility may send written notice to the owner/landlord of the
building, unit(s), or the owner/landlord's agent (owner) requesting the owner
to make arrangements with the utility to provide the utility access to such
meter(s). If within ten (10) days of receipt of the notice, the owner fails to
make reasonable arrangements to provide the utility access to such meter(s)
within thirty (30) days of the date of the notice, or if the owner fails to
keep such arrangements, the utility shall have the right to gain access to its
meter(s) for the purpose of discontinuing utility service at the owner's
expense. Such expenses may include, but shall not be limited to, costs to
pursue court-ordered access to the building, such as legal fees, court costs,
sheriff's law enforcement fees, security costs, and locksmith charges. The
utility's right to collect the costs for entry to its meter will not be
permitted if the utility fails to meet the obligation to keep the access
arrangements agreed upon between owner and the utility. Notice by the utility
under this section shall inform owner a) of the utility's need to gain access
to its meter(s) to discontinue utility service to one (1) or more tenants in
the building, and b) of the owner's liability in the event that owner fails to
make or keep access arrangements. The notice shall state the utility's normal
business hours. The utility shall render one (1) or more statements to the
owner for any amounts due to the utility under this section. Any such statement
shall be payable by the delinquent date stated thereon, and shall be subject to
late payment charges at the same rate provided in the utility's tariff
pertaining to general residential service.
(8) At least twenty-four (24) hours preceding
discontinuance, a utility shall make reasonable efforts to contact the customer
to advise the customer of the proposed discontinuance, and what steps must be
taken to avoid it. Reasonable efforts shall include either a written notice
following the notice pursuant to section (4), a doorhanger, or at least two (2)
telephone call attempts reasonably calculated to reach the customer.
(9) Immediately preceding the discontinuance
of service, the employee of the utility designated to perform this function,
except where the safety of the employee is endangered, shall make a reasonable
effort to contact and identify him/herself to the customer or a responsible
person then upon the premises and shall announce the purpose of his/her
presence. When service is discontinued, the employee shall leave a notice upon
the premises in a manner conspicuous to the customer that service has been
discontinued and the address and telephone number of the utility where the
customer may arrange to have service restored.
(10) Notwithstanding any other provision of
this rule, a utility shall postpone a discontinuance for a time not in excess
of twenty-one (21) days if the discontinuance will aggravate an existing
medical emergency of the customer, a member of his/her family, or other
permanent resident of the premises where service is rendered. Any person who
alleges a medical emergency, if requested, shall provide the utility with
reasonable evidence of the necessity.
(11) Notwithstanding any other provision of
this rule, a utility may discontinue residential service temporarily for
reasons of maintenance, health, safety, or a state of emergency.
(12) Upon the customer's request, a utility
shall restore service consistent with all other provisions of this chapter when
the cause for discontinuance has been eliminated, applicable restoration
charges have been paid and, if required, satisfactory credit arrangements have
been made. At all times, a utility shall make reasonable effort to restore
service upon the day service restoration is requested, and in any event,
restoration shall be made not later than the next working day following the day
requested by the customer. The utility may charge the customer a reasonable fee
for restoration of service, if permitted in the utility's approved
tariffs.
*Original authority: 386.250(6), RSMo 1939, amended 1963,
1967, 1977, 1980, 1987, 1988, 1991, 1993, 1995, 1996 and 393.140(11) 1939,
amended 1949, 1967.
