Current through September 18, 2024
A. The following
shall not constitute sufficient grounds for termination of utility service:
1. Customer's failure to pay for merchandise,
appliances, or rentals or service calls on rentals,
2. Customer's failure to pay for concurrent
service received at a different metering point, residence or location,
3. Customer's failure to pay for a different
class or type of utility service received at the same or a different location,
provided that where more than one meter is employed at the same location for the
purpose of obtaining preferential rate treatment, such service shall be construed
as one service class or type.
B. No public utility shall disconnect service
to the permanent residence of the customer during such times as any resident
therein is seriously ill, as certified to the public utility or to the Division
of Public Utilities and Carriers by a licensed physician. A licensed physician's
certification of serious illness shall be sufficient if initially made by
telephone. In such event the public utility or the Division, whichever received
initial certification, shall inform the certifying physician that he or she must
forward to the public utility within seven (7) days a written certification
indicating the name and address of the seriously ill person, the nature of the
illness, and its likely duration. The public utility shall acknowledge receipt of
such written certification and shall notify the customer in writing of the date
upon which service will be terminated unless the customer
1. arranges for payment of this bill with the
public utility pursuant to §
1.8(B) of this
Part, or
2. requests a hearing
pursuant to §§
1.8(A) or (D) of this Part or
3. enrolls in a
residential payment plan or other payment arrangement. The termination date shall
be not less than three (3) weeks from receipt by the public utility of the
written certification. If the duration of the illness exceeds three (3) weeks
from the certification to the public utility, the customer may request a review
pursuant to §§
1.8(A) or (D) of this Part to determine whether the initial exemption shall continue, for how
long, and under what circumstances.
C. A public utility must honor a licensed
physician's certification of serious illness, but may seek Division review of the
validity of the certification pursuant to §
1.13 of this Part.
D. If a licensed physician's certification does
not comply with the requirements of this subsection and is rejected by a public
utility, the public utility must inform the customer immediately in writing of
the reasons for rejection of the certification and the customer's right to have
the Division review the utility's rejection of the certification pursuant to
§
1.9 of
this Part.
E. Non-termination for any
reason does not in any way relieve the customer of liability incurred for utility
services.
F. During the utility
termination moratorium period, no gas or electric public utility subject to these
regulations shall terminate service to any residence for nonpayment of a
delinquent account, where such service is the primary source of heat, except
where the delinquent balance of the account exceeds $500.00, and where such
service is not the primary source of heat, except when the delinquent balance
exceeds $200.00. For purposes of this subsection a "delinquent balance" shall be
that amount which has been unpaid for at least ten (10) calendar days after a
payment was due.
G. During the
utility termination moratorium period, no gas or electric public utility subject
to these Rules and Regulations shall terminate service to a residence for
nonpayment of utility charges where the public utility has evidence that the
person or persons whose services are scheduled to be terminated is a Protected
Status Customer.
H. In those
instances where a Protected Status Customer has his or her utility service
terminated because he or she and/or the public utility are unaware of that
individual's protected status, that individual's utility service shall be
restored immediately.
I. The public
utility shall inform each customer who receives a termination notice in accord
with §
1.5 of this Part of the
availability of the moratorium protections.
J. Termination of Service in Cases Involving
Marital Dispute
No public utility subject to these regulations shall
terminate service to a customer for nonpayment of utility charges where the
public utility is advised by the spouse of the named customer or the named
customer that the reason for nonpayment is the absence of the named customer or
the major wage-earning spouse from the residence because of a marital dispute,
and where the spouse remaining in the residence:
1. establishes by independent evidence that the
named customer or major wage-earning spouse is no longer living at the residence.
A copy of a Petition for divorce or separation, or a letter attesting to a
pending divorce or separation proceeding from legal counsel, or proof of
eligibility for Aid to Families with Dependent Children, or other evidence
satisfactory to the public utility, shall constitute sufficient independent
evidence under this subsection,
2.
agrees to provide information concerning the location and employment of the named
customer or the major wage-earning spouse, and
3. agrees to establish a new account in his or
her own name for prospective charges and to make a deposit as security for
payment of prospective charges, if a deposit would be otherwise permitted under
these Rules and Regulations.
K. Termination of Service in Cases Involving
Elderly and/or Handicapped.
1. Every public
utility shall devise procedures and methods reasonably designed to identify,
before termination of service for failure to pay an outstanding indebtedness for
such service, accounts affecting households in which all adult residents are
sixty-two (62) years of age or older (for purposes of this entire document, this
includes a household in which there is only one adult member and that adult
member is 62 years of age or older) or in which any resident is handicapped. A
member of such a household may request the protection afforded by these rules by
submitting to the public utility on a form supplied by the public utility the
account number, the service address, and, in the case of the elderly, name, date
of birth, and Social Security number of each elderly member of the household and,
in the case of the handicapped, appropriate identification criteria for each
handicapped member of the household.
a. For the
purpose of determining whether all adult residents in a household are sixty-two
(62) years of age or older, the electric, gas or water utility may request that
the customer, in whose name the service is listed, furnish certified copies of
birth certificates or other documentation such as, but not limited to, marriage
certificates, for all of the adult members of that household.
b. For the purpose of determining whether any
resident is handicapped, the electric, gas or water utility may request that the
customer, in whose name the service is listed, submit an affidavit setting forth
the following or similar facts: "residing permanently at this address is (name),
(date of birth), who is related to me as (state relationship) (or who is not
related to me), and who has a physical or mental impairment (state impairment
with particularity) which substantially limits one or more of such person's major
life activities, and which would ordinarily prove a serious hindrance to
obtaining employment. This impairment is material, rather than slight, relatively
static as distinguished from definitely active or rapidly progressive, and
relatively permanent in that it is seldom fully corrected by medical replacement,
therapy or surgical means."
2. Upon receipt, the public utility will verify
the information and identify the accounts. The public utility will send
notification to the households stating that records have been appropriately noted
and that as long as the outlined conditions exist, the public utility will not
terminate service for failure to pay without the approval of the Division of
Public Utilities and Carriers.
3.
Written approval from the Division of Public Utilities and Carriers must be
obtained by the public utility before terminating service in a household in which
all adult residents are sixty-two (62) years of age or older, or in which any
resident is handicapped.
4. On
receipt from a public utility of an application to terminate service, the
Division of Public Utilities and Carriers (Division) in the course of an
investigation will establish that:
a the
residents of the household have received proper notification, and
b the public utility has in good faith
attempted to secure payment by reasonable means other than termination and has
not refused to accept payment arrangements that are just and equitable. The
Division may hold hearings as a result of the investigation. The Division shall
notify the public utility and the residents of the results of the investigation
and of any hearing.
5. If a
member of a household in which all adult residents are sixty-two (62) years of
age or older, or in which any resident is handicapped so desires, the public
utility shall provide to a third person designated by such customer, notices
pertaining to termination of service. In no event shall the third party so
designated be liable for the account of the customer.
6. At the time of application for service or
with the first bill and thereafter, at least once a year, a public utility shall
enclose a written statement with a bill for service that clearly informs
customers of the elderly and handicapped protections. The written statement shall
include a form that can be returned with a bill payment which allows a customer
to identify himself or herself as eligible.
7. Nothing in this §
1.4(K) of this
Part shall be construed to supersede the requirements of §
1.4(G) of this
Part above.
L. Infant and
Hardship Protection
1. No gas or electric
company shall terminate gas or electric service in any residence in which there
is domiciled a person under the age of two (2) years and the customer's service
has not been previously shut off for nonpayment before the birth of the child;
provided, that the customer cannot afford to pay any overdue bill because of
financial hardship as defined in §
1.2(A)(7) of
this Part.
a. For the purpose of determining
whether there is a residence in which there is a person under the age of two (2)
years domiciled, the gas or electric company shall require certification from the
customer in the form of a birth certificate or other verifiable (i.e. hospital or
physician) documentation within seven (7) days of claiming the protection. Such
documentation may be mailed to the electric or gas company or sent to the company
by facsimile to a number which shall be provided to the customer by the electric
or gas company or by the Division of Public Utilities and Carriers.
b. If initial notification is made by telephone
to the Division of Public Utilities and Carriers, the Division shall inform the
electric or gas company of the customer's name and information. The Division
shall also inform the customer that he or she must forward to the electric or gas
company within seven (7) days a birth certificate or other verifiable (i.e.
hospital or physician) documentation.
2. Upon receipt of initial notification by the
Division of Public Utilities and Carriers or from the customer, the electric or
gas company shall review the customer's account to verify that the customer's
service has not been previously shut off for nonpayment before the birth of the
child. In the event the electric or gas company deems a customer ineligible for
the protection, the electric or gas company shall immediately notify the customer
in writing of the determination and advise the customer of his or her right to a
review of the determination to the Division of Public Utilities and
Carriers.
3. If the electric or gas
company determines the customer's service has not been previously shut off for
nonpayment before the birth of the child, the electric or gas company shall place
a seven (7) day hold on the account to prevent termination of service pending
receipt of a birth certificate or other verifiable (i.e. hospital or physician)
documentation. After the expiration of the seven (7) day period, if the electric
or gas company has received no certification from the customer in the form of a
birth certificate or other verifiable (i.e. hospital or physician) documentation,
termination of service may continue, absent the existence of any other protection
to which the customer may be entitled.
4. In the event a customer's service was
terminated after the birth of a child, but before the electric or gas company was
notified, the customer may have his or her service restored upon providing the
electric or gas company with a birth certificate or other verifiable (i.e.
hospital or physician) certification.
5. Upon receipt of a birth certificate or other
verifiable (i.e. hospital or physician) documentation from the customer, the
electric or gas company shall notify the customer in writing of the protection
and the date of expiration of the protection. No less than ten (10) days prior to
the expiration of the protection, the electric or gas company shall notify the
customer of the impending expiration and shall include any notice of termination
of service together with the balance, if any, due on the account and the
availability of payment plans.
