Current through September 18, 2024
A. Service shall not be terminated for
nonpayment unless the customer has been sent written notice of the public
utility's intention to disconnect, mailed so as to be received, under reasonable
circumstances, at least ten (10) days in advance of the date of the proposed
disconnection. Notice shall be mailed by the public utility to the address where
bills or charges are usually sent. If service is provided at an address other
than the billing address or to occupants at the billing address who do not live
in the same residential unit as the customer, the public utility shall make
reasonable effort to notify such users of the pending termination of service at
least ten (10) days prior to termination. In addition to or in lieu of mailing
notice to such occupants, the public utility shall attempt to notify such
occupants by posting a notice of shutoff on the premises in a conspicuous place
or by delivering notices of shutoff. During any notice period, the customer shall
either pay the unpaid balance, make a reasonable effort to reach a mutually
satisfactory settlement with the public utility, enroll in a residential payment
plan or, if agreed to by the Public Utility and customer, institute another
payment arrangement. Where disconnection is necessary for reasons of health,
safety, or state or national emergencies, the public utility shall attempt to
provide as much advance notice of the utility's intention to disconnect service
as is reasonably possible under the circumstances.
B. Where service is provided to a residence and
the account is in the name of one who does not reside in the residence, the
public utility, prior to disconnecting service for nonpayment of a bill, shall
afford the person or persons receiving service notice a reasonable opportunity to
negotiate directly with the public utility and to purchase service in their own
names.
C. The notice sent to the
customer shall contain a direct and specific explanation, in easily legible,
conspicuous print, of the following:
1. The
particular ground upon which the proposed disconnection is based;
2. The public utility's intention to
discontinue service unless the customer either pays the bill, reaches a mutually
satisfactory settlement with the public utility or seeks review of the bill
pursuant to these regulations;
3. The
date on, or within a reasonable time after which, service will be disconnected if
the customer does not take appropriate action;
4. The name and telephone number of the public
utility's office or employee to whom the customer may address any inquiry or
complaint;
5. The customer's right to
submit the matter to: Reviewing Officer, Division of Public Utilities and
Carriers, 89 Jefferson Boulevard, Warwick, RI 02888 Telephone - 780-9700, and a
statement that service will not be disconnected pending proceedings before a
reviewing officer appointed by the Administrator of the Division of Public
Utilities and Carriers;
6. A
statement that the customer should not submit the matter to the Division of
Public Utilities and Carriers until he or she has first discussed the case with a
representative of the public utility;
7. A statement that if there is a seriously ill
resident in the home, disconnection will be postponed upon presentation of the
doctor's certificate and subject to the conditions described in §
1.4(B) of this
Part, above;
8. A statement that if
any resident in the home is handicapped, and/or all residents of the home are
elderly, disconnection may be averted in accordance with the safeguards and
protections contained in §
1.4(K) of this
Part upon the conditions described therein;
9. A statement that if any resident in the home
is under two (2) years and the customer's service has not been previously shut
off for nonpayment before the birth of the child, and there is a financial
hardship, disconnection may be averted in accordance with the safeguards and
protections described in §
1.4(L) of this
Part, above.
10. A statement which
informs the customer that he or she may be protected from disconnection during
the period between 12:01 a.m. on November 1st and 11:59 p.m. on April 15th in
accordance with §
1.4(F) of this
Part and §
1.4(G) of this
Part; and
11. A statement which
informs the customer of his or her right to enroll in a residential payment plan
as described in §
1.9 of this Part.
12. A statement that the State of Rhode Island,
through the Low Income Heating and Assistance Program, provides eligible
customers with public energy assistance aid. Customers who believe they may
qualify for such assistance should contact their local Community Action
Program.
D. Each utility
shall include on all final notices of termination the statement in English,
Spanish, Portuguese, and French and any other languages the utility deems
appropriate, the following: "THIS IS A UTILITY SERVICE TERMINATION NOTICE.
TRANSLATE IMMEDIATELY." and the appropriate symbol for termination as set out in
§
1.22 of
this Part (Appendix C).
E. The
contents of the notice shall be limited to the matters described above and shall
not, without authorization from the Division, include any other statements or
items, provided, however, that where notice is given to an occupant who is not
responsible for payment of the utility charges, the provisions of §
1.4(C) and
§
1.4(E) of this
Part shall not be applicable.
F.
During the utility termination moratorium period, no public utility subject to
these Rules and Regulations shall terminate service to a residential customer
unless it has, at least forty-eight (48) hours (not including Saturday, Sunday or
holidays) prior to said termination, filed with the Division an affidavit of one
of its employees in the form approved by the Division (see Forms I, II and III in
§
1.21 of
this Part (Appendix B)), which states under oath the following:
1. That subsequent to expiration of the 10-day
period set out in its shutoff notice (a copy of which shall be attached to the
affidavit), the affiant has personally called at the customer's residence and has
spoken directly with the customer or with an adult found within said residence,
and that the affiant has advised the person to whom he has spoken that service
will be terminated unless within forty-eight (48) hours the customer makes
satisfactory arrangements with the public utility or follows the procedures for
obtaining a review by the Division, that he has informed the person to whom he
has spoken of procedures for obtaining such review, that in the affiant's opinion
the person to whom the affiant spoke understood the communication, and that
during his visit the affiant advised the person to whom he has spoken of the
protections available under §§
1.4(B) through
(K) of this Part and neither observed nor was
informed of any circumstances, including illness, which would make termination of
service a violation of these Rules and Regulations. Or in the
alternative,
2. That subsequent to
the expiration of the 10-day period set out in the shutoff notice (a copy of
which shall be attached to the affidavit) that the affiant has personally called
at the residence of the customer on at least two (2) occasions, one of which was
made on a weekday between 5:00 p.m. and 7:00 p.m. or on a Saturday between 9:00
a.m. and 5:00 p.m., that on each occasion the affiant was unable to gain
admission or if admitted found no adult person at home, and that the affiant left
a written notice containing the information set out above in a form approved by
the Division (see Form II in §
1.21 of this Part (Appendix
B)) prominently tacked or otherwise affixed to the front door of the customer's
residence.
G. Nothing in
§
1.5(F) of this
Part shall be construed to supersede any of the requirements in §
1.4 of this Part
above.
