Current through September 24, 2024
(1) Reasons for
Termination of Service or Denial of Service. Service may be refused or
discontinued for any of the reasons listed below:
(a) Without notice in the event of a
condition determined by the utility to be hazardous.
(b) Without notice in the event of customer
use of equipment in such a manner as to adversely affect the utility's
equipment or the utility's service to others.
(c) Without notice if there is evidence of
tampering with the equipment furnished and owned by the utility.
(d) Without notice if there is evidence of
unauthorized use.
(e) For violation
of and/or non-compliance with the utility's rules on file with and approved by
the Authority.
(f) For failure of
the customer to fulfill his contractual obligations for service and/or
facilities subject to regulations by the Authority.
(g) For failure of the customer to permit the
utility reasonable access to its equipment.
(h) For non-payment of delinquent
account.
(i) For failure of the
customer to provide the utility with a deposit as authorized by rule
1220-4-4-.15.
Unless otherwise stated, the utility shall comply with the
notice requirements set forth in paragraph (2) below before service is
discontinued. However, no service shall be discontinued on the day or a date
preceding a day or days on which the services of the utility are not available
to the general public for the purpose of reconnecting the discontinued service,
except as provided in rule 1220-4-4-.19(1)(a), (b), (c) and (d) above.
(2) Notice of
Termination of Service. Electric service to any electric customer may not be
terminated without reasonable opportunity to dispute the reasons for such
termination.
(a) Content of the notice, which
may be included in the customer's bill, shall be clearly legible and contain
the following information:
1. The name and
address of the customer and the address of the service, if different.
2. A clear and concise statement of the
reason for the proposed termination of service.
3. The date on which service will be
terminated unless the customer takes appropriate action. The date of the
proposed termination by the utility shall be at least seven (7) days after the
utility sends the notice by first class mail. The mailing of the notice of
termination as set forth above, shall constitute reasonable prior notice within
the meaning of this rule.
4.
Information concerning the reconnection fee.
5. The telephone number and address of the
utility where the customer may make inquiry, enter into a service continuation
agreement, or file a complaint.
6.
The notice shall also contain the name and address of the Authority and a
statement to the effect that the Authority is the regulatory authority for this
service.
7. In cases where the
termination is based on the failure to pay, the notice shall state if the bill
is the actual or estimated, amount owed, and the time period over which the
amount was incurred.
(b)
Notwithstanding any other provisions of these rules, a utility shall postpone
the physical termination of utility service to a residential customer for a
period of thirty (30) days in the event a physician, public health officer, or
social service official certifies in writing that discontinuation of the
service will aggravate an existing medical emergency of the customer or other
permanent resident of the premises where service is rendered. During the thirty
(30) day extension the customer or other permanent resident of the premises
where service is rendered shall be referred to social service agencies for
investigation, confirmation of need and guarantee of payment. The local utility
shall supply customers with names of agencies providing assistance.
(c) All customers shall be provided with the
option of a Third Party Notification service and shall be notified annually by
the utility of its availability. The Third Party Notification will provide any
customer with the opportunity to designate a third party who will receive a
duplicate of any termination notice by first class mail.
(3) Statement of Termination Policy. The
utility shall provide a general policy statement detailing its termination
policies to all existing customers annually and to all new customers when they
initiate service. This policy statement shall be filed by the utility for
approval by the Authority within sixty (60) days of the effective date of this
rule. The general policy statement shall include the following information in
clear and understandable language:
(a) Grounds
for termination.
(b) The time
allowed to pay outstanding bills.
(c) Steps which must occur before service may
be terminated for non-payment.
(d)
Steps necessary to have service reinstated.
(e) Instructions for residential customers to
designate the following:
1. A third party
(agency or individual) to receive a copy, by first class mall, of all
termination notices;
2. Presence of
appliances at the service address which are critical for maintenance of health
of one or more of the residents.
(f) A notice of rights and remedies which
should contain the following:
1. the time
allowed to initiate a complaint;
2.
appropriate administrative or other action to take in order to avoid
termination;
3. [rocedures to
dispute and appeal the termination notice, including the office address and
telephone number of the utility representatives available to handle inquiries
or complaints;
4. a statement that
households which have appliances critical for health are responsible for
notifying the utility of such fact;
5. provide information and steps necessary to
qualify for alternative payment arrangements available to residential customers
who maintain that they are temporarily unable to pay their bills;
6. the name of a social service agency the
customer can call to inquire about a source or sources of financial assistance
in paying residential utility bills;
7. procedures to dispute and appeal an
unfavorable decision of the utility, including the address and toll-free
telephone number of the Tennessee Regulatory Authority and its representatives,
who are available to handle complaints and inquiries; and
8. a statement that a customer does not have
to pay that portion of a bill which is in dispute while the dispute process is
underway.
Authority: T.C.A. §65-102, 65-4-104, and
65-4-105.
