Current through Register Vol. 24, December 20, 2024
(1) A utility may not terminate service to
any residential, firm, commercial, industrial or other customer unless written
notice is served.
(2) Termination
notice shall be served as follows:
(a) If no
response to the first notice is received within ten days of mailing, the
utility must send a second notice by first class or certified mail (return
receipt requested). The second notice must be sent by the utility or personally
served on the customer at least ten days prior to the date of the proposed
termination.
(b) A utility may
terminate utility services upon serving written notice five business days prior
to the proposed termination date when a customer:
(i) remits an insufficient funds check as
payment to the utility after receiving the first notice of termination,
or
(ii) breaches a payment
agreement made pursuant to ARM
38.5.1415.
(c) The provisions of (a) shall govern notice
of termination to landlord customers, except that the first notice must be sent
at least 30 days prior to the date of the proposed termination.
(d) The utility shall give written notice of
the proposed termination for nonpayment to each residential unit reasonably
likely to be occupied by an affected tenant of a landlord customer subject to
termination. Such notice shall not be rendered earlier than five business days
following initial notification to the landlord customer. However, if the
landlord customer disputes the amount owing, such notice shall not be rendered
until the dispute has been resolved. In no event shall such notice be served
upon the tenants less than 15 days prior to the termination of service to the
landlord customer on account of nonpayment. Upon affidavit, the Commission may,
for good cause shown by the utility, reduce the minimum time between
notification of the landlord customer and notification of the
tenants.
(e) Prior to termination
of service the utility must make a diligent attempt to contact the customer,
either in person or by telephone, to apprise him of the proposed action. If
telephone or personal contact is not made, the utility employee shall leave
notice in a place conspicuous to the customer that service will be terminated
on the next business day unless the delinquent charges have been
paid.
(3) When service
is terminated, the utility employee terminating service shall leave notice upon
the premises in a place conspicuous to the customer that service has been
terminated which gives the address and telephone number of the utility where
the customer may arrange to have service restored. The utility shall have
personnel available after the time of termination and during normal business
hours authorized to reconnect service if the conditions cited as grounds for
termination are corrected to the utility's satisfaction and upon payment of any
reconnection charge specified in the utility's filed tariffs.
