Current through Register Vol. 46, No. 39, September 25, 2024
(a) During the period November 1 to April 15,
the following discontinuance procedures for nonpayment of service bills
rendered, for failure to post a required deposit, or for tampering or for theft
of services, are to be observed where electric service is necessary to heat, or
to operate a heating system in a residence:
(1) In addition to the procedures set forth
in sections
459.3 through
459.7 of this Part, the utility
shall be required to make diligent efforts by telephone or in person to
establish contact with the delinquent customer or a responsible resident adult
(18 years or older) at the service address at least 72 hours prior to
termination. At a minimum, attempts at personal contact shall include one
attempt during normal working hours and in the event that personal contact is
not achieved, at least one attempt during reasonable nonbusiness periods herein
defined as:
| Monday through Friday |
6 p.m. to 9 p.m. |
| Saturdays, Sundays and Holidays |
9 a.m. to 5 p.m. |
If communication with the person contacted is not possible
because of an apparent language barrier, the utility shall take reasonable
steps to assure proper communication before discontinuance. During the contact,
the utility's representative shall fully explain the reasons for discontinuance
and shall attempt to ascertain whether a serious impairment to human health may
result. If contact is made and in the judgment of the representative of the
utility no impairment to human health would occur, service may be discontinued.
If, however, in the judgment of the representative of the utility,
discontinuance of electric service will lead to serious impairment of human
health to any resident of the premises, the service shall not be
discontinued.
(2) For the
purpose of this Part, a serious impairment to human health is indicated if a
customer or other resident appears to be seriously impaired and may, because of
mental or physical problems, be unable to manage his own resources, carry out
activities of daily living or protect himself from neglect or hazardous
situations without assistance from others. Indicators of serious impairment to
human health include, but are not limited to:
(i) age, infirmity or mental
incapacitation;
(ii) use of life
support systems, such as dialysis machines or iron lungs;
(iii) serious illness;
(iv) physical disability, including blindness
and limited mobility;
(v) recent
death in the family;
(vi) the
presence of young children; and
(vii) any other factual circumstances which
indicate severe or hazardous health situations.
The above criteria are general standards and the utility's
representatives must exercise discretion, sound judgment and common sense in
ascertaining whether a serious impairment to human health exists. Doubts should
be resolved in favor of continued service.
(3) Information concerning the circumstances
where it is found that discontinuance of service would lead to serious
impairment to human health is to be documented and the account referred to the
local social services commissioner. No utility shall terminate service for
nonpayment where a customer or other resident exhibits an indication of a
serious impairment to human health, as described in paragraph (a)(2) of this
section, unless:
(i) the utility notifies the
local social services commissioner orally, and within five days in writing,
that the customer or other resident exhibits an indication of a serious
impairment to human health; and
(ii) the local social services commissioner,
after an investigation, informs the utility that the health-impairing condition
does not exist or is not serious, or that an alternative means for protecting
the person's health has been devised.
The utility may exercise its own discretion with respect to
terminating service to the customer in the event it does not receive an oral or
written report from the local social services commissioner within 15 business
days after the written referral of the matter by the utility to the
commissioner.
(4)
if contact is not made after several good faith attempts, on the day
termination of service is scheduled, a representative of the utility must visit
the premises in order to determine whether there is continuing occupancy and
whether a serious impairment to human health, as described in paragraph (a)(2)
of this section, exists. If such an impairment is found to exist, or again no
contact is made and there is reason to believe the premises has not been
vacated, service shall not be discontinued and the account shall be immediately
referred to the local social services commissioner. In all cases referred to
the local social services commissioner, the utility shall request that the
commissioner report back to the utility his findings and any required action.
If the utility or the social services commissioner determines that no customer
or other person residing in the premises faces impairment to his or her health,
or that an alternative means for protecting the person's health has been
devised, the utility may immediately discontinue the electric
service.
(b) During the
period September 1 to November 1 of each year, the utility shall review all
cases where discontinuance of service occurred during the prior 12-month period
where the electric service provided was necessary to heat a residence, or to
operate a heating system therein, and where service has not been restored. A
representative of the utility must, by telephone or in person, contact the
delinquent customer or a responsible resident 18 years of age or older to
determine if continued lack of service may expose the customer or other
resident of the premises to a serious impairment to human health. If such
determination is made, the customer shall be referred to the local social
services commissioner.
