Current through Register Vol. 63, No. 9, September 1, 2024
(1) An applicant or customer may demonstrate
satisfactory credit for new or continuing service by showing any of the
following, provided that a deposit is not required under section (2) of this
rule:
(a) Received 12 months of continuous
utility service of the same type applied for (energy or telecommunications)
during the preceding 24 months and the utility can verify a prior service
account in the customer or applicant's name, either by the applicant's account
history with the utility or by contacting a former utility or through an
authorized letter provided by the applicant or customer from the former utility
on utility letterhead that includes the following:
(A) Name(s) of the responsible person(s) on
the account;
(B) Date of
service;
(C) A statement that the
customer was not disconnected for nonpayment during the final 12 months of
service; and
(D) A statement that
the applicant or customer voluntarily terminated service and timely paid for
all services rendered.
(b) Meets Commission approved minimum credit
requirements based on a third party credit report score or the energy or large
telecommunications utility's own credit scoring formula; or
(c) Proof of ability to pay by providing
either:
(A) Proof of employment during the
entire 12 months previous to the application of service for person(s)
responsible for payment on the account and a work telephone number to enable
the energy or large telecommunications utility to verify employment;
or
(B) A statement or other
documentation from the income provider or an authorized representative, that
the energy or large telecommunications utility can verify, indicating that the
applicant or customer receives a regular source of income.
(2) An applicant or customer who
is not a low-income residential customer may be required to pay a deposit at
the time of application for new or continued service when:
(a) The applicant or customer is unable to
establish credit as defined in section (1) of this rule;
(b) The applicant or customer received the
same type of utility service from it or any Oregon energy or telecommunications
utility, as defined in ORS
757.005 or ORS
759.005, within the
preceding 24 months and owed an account balance that was not paid in full when
service was terminated. This subsection does not apply to a customer who
registered a dispute with the Commission within 60 days after service was
terminated and who paid all undisputed or adjudicated amounts; or
(c) The applicant or customer was previously
terminated for theft of service by any Oregon utility as defined in ORS
757.005 or ORS
759.005, was found to
have tampered with the meter or other utility facilities, or was otherwise
found to have diverted utility service.
(3) In lieu of paying a deposit, an applicant
or customer may:
(a) Provide the energy or
large telecommunications utility a written surety agreement from a responsible
party to secure payment in an amount equal to two months' average usage, which
may be transferred to the responsible party's account as established in OAR
860-021-0334. For purposes of section (3) of this rule, a responsible party is
a customer of the same utility that has maintained credit in good standing for
the preceding 12 months without receiving a past due notice or incurring
involuntary disconnection. The surety agreement obligation will automatically
terminate should the responsible party no longer meet the conditions set forth
herein. In the event a responsible party is subsequently found not to qualify,
the applicant or customer will be required to either pay a deposit or obtain a
written surety agreement from another responsible party. The surety obligation
ceases when the customer establishes good credit; or
(b) For energy utilities, elect to use demand
limiter or "pay as you go" metering, if equipment is
available.
(4) For energy
utilities, a deposit required under this rule shall not exceed one-sixth the
amount of reasonable estimated billing for 12 months at rates then in effect.
This estimate shall be based upon actual use at the premises during the prior
12 months, if known, or will be estimated based upon the type and size of the
equipment at the premises. Each deposit shall be rounded to the nearest whole
dollar.
(5) For large
telecommunication utilities, a deposit required under these rules shall be
based upon two months' average or estimated bills for usage of the applicable
telecommunications utility's tariff and price-listed services. Each deposit
shall be rounded to the nearest whole dollar. For telecommunications service,
applicants eligible for Oregon Telephone Assistance Program (OTAP) funding and
who voluntarily elect to receive toll-blocked service, no deposit may be
charged. The large telecommunications utility shall make toll blocking
available at no charge to all applicants identified in OAR
860-033-0030.
(6) A new or
additional deposit, calculated as provided by sections (4) and (5) of this rule
with the most recent information available, may be required from a customer as
a condition of continued service when:
(a) The
energy or large telecommunications utility discovers that the customer gave
false information to establish an account and/or credit status;
(b) The energy or large telecommunications
utility discovers that the customer has stolen utility service, has tampered
with the meter or other utility facilities, or was otherwise found to have
diverted utility service;
(c) For
energy utilities, a customer moves and the anticipated bill at the new
residence will be at least 20 percent greater than the basis of the existing
deposit; or
(d) For large
telecommunications utilities, if service records for the customer indicates
unbilled intraLATA toll activity under the utilities' tariff and price list is
greater than the basis of the prior deposit.
(7) Paying a deposit does not excuse a
customer from complying with the energy or large telecommunications utility's
tariffs or other regulations on file with the Commission, such as the
obligation to promptly pay bills.
(8) An energy or large telecommunications
utility may file a tariff that contains less stringent deposit requirements
than those specified in this rule.
Statutory/Other Authority: ORS 183, ORS 756, ORS 757, ORS 759
& OL 1987, Ch. 290
Statutes/Other Implemented: ORS
756.040, OL 1987,
Ch. 290 & ORS
757.230
