Current through Register No. 12, March 21, 2024
(a) This section
shall not apply to sewer utilities. Regulation of disconnection of sewer
service shall be found in
Puc
703.03.
(b) Except as described in
Puc 1203.07(h), (i) and
(j) or listed under (c) below, a utility
shall provide notice of disconnection that includes the following information:
(1) For purposes of this section, notice of
disconnection to a residential or non-residential customer shall consist of
written notice setting forth the information listed in (2) below, postmarked 14
calendar days prior to the proposed date of disconnection; and
(2) Notice of disconnection shall set forth
in clear, concise, and conspicuously printed words the following information:
a. The name and mailing address of the
customer(s);
b. The service
address, if different from the mailing address;
c. The account number;
d. The proposed date of disconnection of
service;
e. A conspicuous statement
that the notice of disconnection may be disregarded if the customer has
negotiated a current payment arrangement pursuant to
Puc
1203.07;
f. The reason for the disconnection of
service;
g. The possible
consequences of disconnection, such as deposit requirement, reconnection fee,
and any other similar consequences;
h. The address and telephone number at which
the customer may contact the utility;
i. A statement that the customer may contact
the utility to discuss arrangements for payment;
j. The toll-free telephone number of the
commission's consumer division;
k.
The method by which the customer may question or contest the disconnection
notice, preceded in conspicuous type by the words "Important Notice - Your
Rights";
l. The statement or a
statement substantively consistent with the statement: "MEDICAL EMERGENCY- If
you are a residential customer and believe that a medical emergency exists in
your home or would exist if your service were to be disconnected, you may be
protected from disconnection. Please contact us at [insert telephone number of
the utility] for more information."; and
m. Any additional data which the utility
deems pertinent.
(c) Notice to a residential or
non-residential customer shall not be required if the utility notifies the
commission of the disconnection within 48 hours of the disconnection and one of
the following conditions exists:
(1) The
customer has obtained utility service in an unauthorized manner or used utility
service fraudulently;
(2) The
customer has clearly abandoned the property as demonstrated by the fact that
the service address premises have been unoccupied and vacant for a period of 60
calendar days;
(3) A condition
dangerous to the health, safety, or utility service of others exists;
or
(4) Clear and present danger to
life, health or physical property exists.
(d) The requirements of (c) above shall not
be limited by Puc 1204 and Puc 1205.
(e) The requirements of (c) above shall not
impose a duty on utilities to know of any dangerous condition, or to ensure
against any such condition.
(f) The
notification to the commission required in (c) above shall not apply where the
disconnection has occurred at the request of state or municipal officials such
as fire, police, or other emergency response officials.
(g) Except as limited by (h) below and Puc
1204 and Puc 1205, a utility may disconnect service to a residential customer
after notice if any one of the following circumstances exists:
(1) When the customer has failed to pay an
arrearage after proper demand therefore;
(2) When the customer has failed to pay a
deposit request, establish a direct debit account, or provide an acceptable
third-party guarantee in lieu of the deposit pursuant to
Puc 1203.03;
(3) When the customer has failed to pay the
bill and failed to enter into a payment arrangement for payment of the bill on
or before the due date printed on the bill; or
(4) When the customer refuses access to the
residential premises for a necessary inspection or replacement of utility
property, including but not limited to the reading of meters.
(h) A utility shall not disconnect
a residential customer's service and a notice of disconnection shall not be
sent to a residential customer if any of the following conditions exist:
(1) The customer's arrearage is less than 60
calendar days outstanding and is less than $100;
(2) The unpaid bill results from service
other than utility service, such as merchandise, appliance sales, or
repairs;
(3) A municipal welfare
office has guaranteed payment of the average monthly bill on behalf of the
customer, pursuant to the town's public welfare obligations under RSA 165, and
the customer agrees to enter into a reasonable arrangement for repayment of the
amount in arrears pursuant to
Puc 1203.07;
or
(4) The arrearage is for prior
residential service furnished in the name of someone other than the customer of
record unless:
a. The customer of record and
the above-mentioned person other than the customer of record resided together
at the address where the arrearage was incurred;
b. Both that person and the customer of
record received the benefit of the utility service;
c. Both that person and the customer of
record reside together at the current service address and receive the benefit
of the current utility service; and
d. The person other than the customer of
record refuses to enter into a payment arrangement subject to all the
provisions of
Puc
1203.07.
(i) A utility may disconnect service to a
non-residential customer after proper notice if any of the following conditions
exist:
(1) The customer has failed to pay any
arrearage remaining unpaid after proper demand therefore;
(2) The customer has violated any tariff
provision;
(3) The customer has
failed to pay a properly requested deposit, establish a direct debit account or
provide an acceptable third-party guarantee; or
(4) The customer refuses access to the
premises for a necessary inspection of utility property, including but not
limited to the reading of meters.
(j) Unless special arrangements are made with
the customer, a utility shall only disconnect service to its residential
customers from 8:00 am to 3:30 pm Monday through Thursday.
(k) The utility shall not disconnect service
to its residential customers during the time specified by (j) above if the
proposed disconnection would occur on:
(1) A
state or federal holiday;
(2) The
day preceding a state or federal holiday;
(3) A day the commission is closed to the
public; or
(4) The day preceding a
day the commission is closed to the public.
(l) Unless special arrangements are made with
the customer, a utility shall only disconnect service to its non-residential
customers from 8:00 am to 3:30 pm Monday through Friday.
(m) The utility shall not disconnect service
to its non-residential customers during the time specified by (l) above if the
proposed disconnection would occur on:
(1) A
state or federal holiday; or
(2) A
day the commission is closed to the public.
(n) The utility shall have 8 business days
from the date of the proposed disconnect in which to implement the
disconnection.
(o) Except as
limited in
Puc
1205.05, before disconnection of residential service,
the utility employee disconnecting the service shall notify an adult residing
at the premises or leave a written notice if no adult is at the
premises.
(p) The notice provided
under (o) above shall include the following information:
(1) Procedures the customer must follow to be
reconnected;
(2) The address and
telephone number at which the customer may contact the utility; and
(3) The toll-free telephone number of the
commission's consumer division.
(q) When the utility sends an employee to a
residential customer's premises for the purpose of disconnecting service and
the customer tenders payment of the past due amount in full to prevent
disconnection, the employee shall act as follows:
(1) The utility's employee shall accept the
payment, provide the customer with a receipt, and leave the service intact as
long as the following is true:
a. The employee
shall know the full past due amount to be paid to bring the customer's account
current;
b. The employee shall not
be required to make change; and
c.
The employee shall not be required to negotiate payment arrangements;
or
(2) Without
disconnecting the customer's service, the utility's employee shall direct the
customer to go immediately to the utility's nearest office or payment agency
and tender payment there.
(r) A utility may charge for collection of
payment at the customer's premises in accordance with the utility's tariffs on
file with the commission.
(s) The
utility shall not be required to follow the procedures described in (q) above
more than 2 times in a 12-month period.
(t) A utility may use a third party to
conduct collection activities provided:
(1)
The third party complies with Puc 1200; and
(2) For all accounts other than terminated
accounts, the use of a third party is transparent to the customer.
(u) The commission shall impose a
moratorium on disconnections of service when there exists an imminent peril to
the public's health, safety or welfare.
(v) Utilities shall maintain records showing
the:
(1) Number of disconnection notices sent
out annually; and
(2) Annual number
of and reasons for actual disconnections.
#6245, eff 5-14-96; ss by #8075, INTERIM, eff 4-29-04,
EXPIRES: 10-26-04; ss by #8192, eff 10-22-04; ss by #9990, eff
9-16-11
