Current through September 16, 2024
1. If a utility
has a reason for the termination of service under NAC 704.355 and intends to
terminate service, the utility shall in every case send a written notice of its
intended action to the customer at least 10 days before it carries out the
action, except that if the customer has failed to comply with the terms of an
agreement for deferred payment, the utility may terminate service upon
48-hours' notice as provided in NAC 704.341.
2. If the customer is an advanced service
delivery meter customer, an electric utility must include a statement with the
initial notice required by subsection 1 stating that the electric utility will
notify the advanced service delivery meter customer or a third person
designated by the customer pursuant to NAC 704.365 in person before termination
of service if:
(a) The advanced service
delivery meter customer is elderly or is a person with a disability, or whose
household includes a person who is elderly or a person with a disability;
and
(b) The advanced service
delivery meter customer has notified the electric utility that the advanced
service delivery meter customer is elderly or is a person with a disability, or
whose household includes a person who is elderly or a person with a disability.
As used in this subsection, "in person" means a method of
notice provided by an electric utility in which a representative of the
electric utility visits the premises where an advanced service delivery meter
is located and makes a reasonable attempt to contact the customer at the
premises.
3. If
the utility receives no response to the initial notice, it shall send a second
notice to the customer using:
(a) A method
required by NAC 704.390, if the customer is subject to the provisions of that
section; or
(b) A method which
ensures that the notice is delivered to the customer or the customer's premises
at least 48 hours before it terminates service.
4. The initial notice must be served upon the
customer:
(a) By personal service;
(b) By depositing the notice with the United
States Postal Service, properly addressed and postage prepaid, for delivery by
first-class mail to the customer's last known mailing address; or
(c) If requested by the customer and within
the capability of the utility, by electronic notice sent via the Internet to
the most recent electronic address provided to the utility by the
customer.
5. Service of
the initial notice shall be deemed complete on the date that the notice is:
(a) Delivered by personal service to the
customer;
(b) Deposited with the
United States Postal Service, properly addressed and postage prepaid, for
delivery by first-class mail to the customer's last known mailing address;
or
(c) Sent via the Internet to the
most recent electronic address provided to the utility by the
customer.
6. Except as
otherwise provided in NAC 704.390, a second notice may be communicated to the
customer:
(a) In person;
(b) By depositing the notice with the United
States Postal Service, properly addressed and postage prepaid, for delivery by
first-class mail to the customer's last known mailing address;
(c) If requested by the customer and within
the capability of the utility, by electronic notice sent via the Internet to
the most recent electronic address provided to the utility by the
customer;
(d) By telephone if the
person receiving the communication is 18 years of age or older and is a
resident at the address where service is being provided; or
(e) By posting the notice on the door of that
residence if no one is at home.
If a utility intends to change the method it normally uses to
communicate a second notice, it shall send a written notice to its customers
specifying the new method and the date on which it will begin using that
method.
7. The
initial notice and any second notice of an intended termination of service must
contain the following information in plain language, with the information
listed in paragraphs (i), (j) and (l) presented in a larger type size than the
balance of the notice:
(a) An identification
of the account affected by the intended termination.
(b) The date on or after which the intended
termination will occur.
(c) The
address of the location where service will be terminated.
(d) The reason for the intended termination,
including, if the intended termination is for nonpayment, a statement
designating the bill as one for actual or estimated use and specifying the
total amount owed, the period over which that amount was incurred and the
minimum payment required to avoid termination.
(e) The procedures which are available to
dispute or appeal from the intended termination, specifying the address and
telephone number of the utility's office which is responsible for handling
complaints or inquiries.
(f) A
statement that the utility will promptly investigate any complaint or dispute
and give the customer its written decision on the matter.
(g) A statement that if the customer wishes
to dispute any fact or interpretation of a regulation relied upon by the
utility in its decision to terminate service, the customer must communicate
with the Division. The statement must include the mailing address, telephone
number and toll-free telephone number of the Division.
(h) A statement that service will not be
terminated before a resolution of the dispute if the customer pays the
questioned portion of the bill at the time the dispute arises and pays all
subsequent bills.
(i) An
explanation of any arrangements for payment which the utility offers to
customers who have difficulty in paying their bills.
(j) A list of the names, addresses and
telephone numbers of at least two governmental agencies or other organizations
which have notified the utility that they will assist customers in paying their
utility bills.
(k) An explanation
of the restrictions on the termination as set forth in NAC 704.370.
(l) A statement that a customer should notify
the utility immediately if any member of the customer's household requires the
continuing use of electric or gas appliances to maintain that member's
essential health. The statement required by this paragraph must advise the
customer that the customer may obtain a postponement of the termination of
service pursuant to NAC 704.370.
(m) An explanation of the utility's fee
schedule and procedures for reconnecting service.
8. If a utility provides a customer with an
initial notice or a second notice of an intended termination of service and the
customer or another adult resident of the customer's household communicates
orally with the utility concerning the notice, the utility shall explain to the
customer or other adult resident each item of information which is included in
the notice pursuant to subsection 7.
9. If a utility has a reason for the
termination of service and intends to terminate service to a mobile home park
or a multiunit residential complex, the utility shall use its best efforts to
notify the occupants of each family dwelling unit located within the park or
complex of the utility's intended action. The utility shall use its best
efforts to notify the occupants by posting on the door of each such unit a
written notice which states:
(a) The reason
for the termination of service;
(b)
The deadline for making any delinquent payments or for taking any corrective
action that is necessary to avoid the termination of service; and
(c) The date scheduled for the termination of
service in the event that any delinquent payments are not made or corrective
action is not taken.
The utility shall provide the notice required by this
subsection to the occupants of a multiunit residential complex at the same time
that the utility provides notice to the customer of record for the
complex.
Pub. Service Comm'n,
Gen. Order 27 § 4.1, eff. 8-21-81-NAC A 8-4-83; 1-5-89; A by Pub.
Utilities Comm'n by R198-01, 2-17-2005; R035-11,
10-26-2011
NRS
703.025,
704.1835,
704.210
