Current through Register Vol. 35, No. 18, September 24, 2024
Each utility shall file a tariff for its residential customer
service that shall include the following minimum standards for discontinuance
of utility services with standardized languages as provided below.
A.
Fifteen-day notice. At least
fifteen (15) days before a utility discontinues service to a residential
customer, the utility shall provide written notice to the residential customer
stating its intent to discontinue service and setting forth the residential
customer's rights regarding discontinuance of service, budget payment plans,
and installment agreements. The notice shall be in English and Spanish. The
notice shall be delivered to the residential customer in person, by U.S. mail,
postage prepaid, addressed to the last address for the residential customer
known to the utility, or by electronic mail if a residential customer has
elected to receive electronic billing.
(1)
Notwithstanding the provisions of Paragraph (3) of Subsection C of 17.5.410.31
NMAC a fifteen-day notice shall contain:
(a)
the title, address, telephone number, and working hours of utility personnel
responsible for administering the procedures in this section;
(b) a statement that "if the past due balance
on your account has been paid, please disregard this notice";
(c) a statement that "to avoid disconnection
we must receive your past due balance of ($__.__) no later than
(month/day/year), or payment arrangements must be made; please see the enclosed
notice for more information";
(d) a
statement in both English and Spanish of "customers' rights and
responsibilities" set forth in 17.5.410.42 NMAC, and a utility can
choose the method of enclosing the required statement of "customers' right and
responsibilities".
(2)
Notice of winter moratorium protection. At a minimum, during the
heating season, each utility shall notify its residential customers who have
not been previously qualified for protection under the provisions of the winter
moratorium of their rights set forth in this rule and in the format required by
this rule.
(3) The 15-day notice
shall include specific notice that the utility will not discontinue utility
service if the residential customer provides the utility either of the
following:
(a) documentation for winter
moratorium protection in accordance with this rule; or
(b) valid medical and financial certification
forms pursuant to this rule.
B.
Final notice. Each utility
shall communicate with a residential customer by telephone, mail if delivery to
the residential service address can be verified, or personal contact at least
two (2) days prior to the specific date of discontinuance of service to: remind
the residential customer of the pending date of discontinuance of service;
advise the residential customer again of the potential availability of
financial assistance for utility service payments; obtain payment of delinquent
accounts; and during the heating season, provide a reminder of the protection
under the moratorium.
(1) The utility shall
have up to five (5) business days from the specific date to perform the
disconnection of services or be required to reissue a final notice pursuant to
this subsection.
(2) The utility
employee who personally contacts a residential customer and the utility
employee sent to discontinue utility services shall note any information from
the residential customer that a person living in the residential customer's
residence is seriously or chronically ill. Such information shall immediately
be reported to a utility employee authorized to prevent discontinuance. That
employee shall either delay the discontinuance if it is apparent that the forms
required by this rule will be received, or state in writing why discontinuance
of service will not be delayed.
(3)
However, a utility is not required to delay discontinuance of service pursuant
to Paragraph (2) of Subsection B of 17.5.410.33 NMAC for more than two (2)
times within a twelve-month period. The utility and utility employee shall be
held harmless for errors made in good faith in noting, acting upon, or failing
to act upon the information provided by the residential customer.
(4) A utility may use reasonable means to
verify the accuracy of information on a medical or financial certification
form.
(5) The utility employee sent
to discontinue utility service may be empowered to receive payment of
delinquent bills, and upon receipt of approved payment method, shall cancel the
discontinuance order.
(6) A utility
shall not issue a final notice of discontinuance of service to a residential
customer when the utility has received notice that actual termination is
prohibited by law.
C.
Third-party notification: Each utility shall offer its
residential customers a third-party notification
program and shall notify residential customers that such program is available.
The utility shall extend the third-party notification program to those
residential customers who notify the utility in writing of their desire to
participate in the program and designate a specific person, organization, or
governmental agency that is ready, willing, and able to assist the residential
customer with the payment of utility bills. Upon receipt of such notice from a
residential customer, a utility shall not discontinue service to a
participating residential customer for nonpayment of past due charges without:
(1) contacting the designated person,
organization, or governmental agency by phone or in writing at least fifteen
(15) days prior to the proposed discontinuance of service; and
(2) determining that the designated person,
organization, or governmental agency has not made a commitment to assist with
payment of the residential customer's past due charge within a reasonable
period of time.
D.
Timing of discontinuance of service. A utility may discontinue
service to a residential customer during the hours from 7:30 a.m. to 4:00 p.m.
on Monday through Thursday. A utility may not discontinue service less than
twenty-four (24) hours prior to a holiday or weekend unless the utility's
business office is open for receipt of payment of past due charges and utility
personnel are available to restore service during the holiday or weekend once
payment is received.
