Current through Reg. 49, No. 12; March 22, 2024
For gas utility service to residential and small commercial
customers, the following minimum service standards shall be applicable in
unincorporated areas. In addition, each gas distribution utility is ordered to
amend its service rules to include said minimum service standards within the
utility service rules applicable to residential and small commercial customers
within incorporated areas, but only to the extent that said minimum service
standards do not conflict with standards lawfully established within a
particular municipality for a gas distribution utility. Said gas distribution
utility shall file service rules incorporating said minimum service standards
with the Railroad Commission and with the municipalities in the manner
prescribed by law.
(1) Continuity of
service.
(A) Service interruptions.
(i) Every gas utility shall make all
reasonable efforts to prevent interruptions of service. When interruptions
occur, the utility shall reestablish service within the shortest possible time
consistent with prudent operating principles so that the smallest number of
customers are affected.
(ii) Each
utility shall make reasonable provisions to meet emergencies resulting from
failure of service, and each utility shall issue instructions to its employees
covering procedures to be followed in the event of an emergency in order to
prevent or mitigate interruption or impairment of service.
(iii) In the event of national emergency or
local disaster resulting in disruption of normal service, the utility may, in
the public interest, interrupt service to other customers to provide necessary
service to civil defense or other emergency service agencies on a temporary
basis until normal service to these agencies can be restored.
(B) Record of interruption. Except
for momentary interruptions which do not cause a major disruption of service,
each utility shall keep a complete record of all interruptions, both emergency
and scheduled. This record shall show the cause of interruptions, date, time
duration, location, approximate number of customers affected, and, in cases of
emergency interruptions, the remedy and steps taken to prevent
recurrence.
(C) Report to
commission. The commission shall be notified in writing within 48 hours of
interruptions in service affecting the entire system or any major division
thereof lasting more than four hours. The notice shall also state the cause of
such interruptions. If any service interruption is reported to the commission
otherwise (for example, as a curtailment report or safety report), such other
report is sufficient to comply with the terms of this paragraph.
(2) Customer relations.
(A) Information to customers. Each utility
shall:
(i) maintain a current set of maps
showing the physical locations of its facilities. All distribution facilities
shall be labeled to indicate the size or any pertinent information which will
accurately describe the utility's facilities. These maps, or such other maps as
may be required by the regulatory authority, shall be kept by the utility in a
central location and will be available for inspection by the regulatory
authority during normal working hours. Each business office or service center
shall have available up-to-date maps, plans, or records of its immediate area,
with such other information as may be necessary to enable the utility to advise
applicants and others entitled to the information as to the facilities
available for serving that locality;
(ii) assist the customer or applicant in
selecting the most economical rate schedule;
(iii) in compliance with applicable law or
regulations, notify customers affected by a change in rates or schedule or
classification;
(iv) post a notice
in a conspicuous place in each business office of the utility where
applications for service are received informing the public that copies of the
rate schedules and rules relating to the service of the utility as filed with
the commission are available for inspection;
(v) upon request inform its customers as to
the method of reading meters;
(vi)
provide to new customers, at the time service is initiated or as an insert in
the first billing, a pamphlet or information packet containing the following
information. This information shall be provided in English and Spanish as
necessary to adequately inform the customers; provided, however, the regulatory
authority upon application and a showing of good cause may exempt the utility
from the requirement that the information be provided in Spanish:
(I) the customer's right to information
concerning rates and services and the customer's right to inspect or obtain at
reproduction cost a copy of the applicable tariffs and service rules;
(II) the customer's right to have his or her
meter checked without charge under paragraph (7) of this section, if
applicable;
(III) the time allowed
to pay outstanding bills;
(IV)
grounds for termination of service;
(V) the steps the utility must take before
terminating service;
(VI) how the
customer can resolve billing disputes with the utility and how disputes and
health emergencies may affect termination of service;
(VII) information on alternative payment
plans offered by the utility;
(VIII) the steps necessary to have service
reconnected after involuntary termination;
(IX) the appropriate regulatory authority
with whom to register a complaint and how to contact such authority;
(X) the hours, addresses, and telephone
numbers of utility offices where bills may be paid and information may be
obtained; and
(XI) the customer's
right to be instructed by the utility how to read his or her meter;
(vii) at least once each calendar
year, notify customers that information is available upon request, at no charge
to the customer, concerning the items listed in clause (vi)(I) - (XI) of this
subparagraph. This notice may be accomplished by use of a billing insert or a
printed statement upon the bill itself.
(B) Customer complaints. Upon complaint to
the utility by residential or small commercial customers either at its office,
by letter, or by telephone, the utility shall promptly make a suitable
investigation and advise the complainant of the results thereof. If shall keep
a record of all complaints which shall show the name and address of the
complainant, the date and nature of the complaint, and the adjustment or
disposition thereof for a period of one year subsequent to the final
disposition of the complaint.
(C)
Utility response. Upon receipt of a complaint, either by letter or by
telephone, from the regulatory authority on behalf of a customer, the utility
shall make a suitable investigation and advise the regulatory authority and
complainant of the results thereof. An initial response must be made by the
next working day. The utility must make a final and complete response within 15
days from the date of the complaint, unless additional time is granted within
the 15-day period. The commission encourages all customer complaints to be made
in writing to assist the regulatory authority in maintaining records of the
quality of service of each utility; however, telephone communications will be
acceptable.
(D) Deferred payment
plan. The utility is encouraged to offer a deferred payment plan for delinquent
residential accounts. If such a plan is offered, it shall conform to the
following guidelines:
(i) Every deferred
payment plan entered into due to the customer's inability to pay the
outstanding bill in full must provide that service will not be discontinued if
the customer pays current bills and a reasonable amount of the outstanding bill
and agrees to pay the balance in reasonable installments until the bill is
paid.
(ii) For purposes of
determining reasonableness under these rules, the following shall be
considered: size of delinquent account; customer's ability to pay; customer's
payment history; time that the debt has been outstanding; reasons why debt has
been outstanding; and other relevant factors concerning the circumstances of
the customer.
(iii) A deferred
payment plan, if reduced to writing, offered by a utility shall state,
immediately preceding the space provided for the customer's signature and in
bold-face print at least two sizes larger than any other used, that: "If you
are not satisfied with this agreement, do not sign. If you are satisfied with
this agreement, you give up your right to dispute the amount due under the
agreement except for the utility's failure or refusal to comply with the terms
of this agreement."
(iv) A deferred
payment plan may include a one-time 5.0% penalty for late payment on the
original amount of the outstanding bill with no prompt payment discount allowed
except in cases where the outstanding bill is unusually high as a result of the
utility's error (such as an inaccurately estimated bill or an incorrectly read
meter). A deferred payment plan shall not include a finance charge.
(v) If a customer for utility service has not
fulfilled terms of a deferred payment agreement or refuses to sign the same if
it is reduced to writing, the utility shall have the right to disconnect
pursuant to disconnection rules herein and, under such circumstances, it shall
not be required to offer a subsequent negotiation of a deferred payment
agreement prior to disconnection.
(vi) Any utility which institutes a deferred
payment plan shall not refuse a customer participation in such a program on the
basis of race, color, creed, sex, marital status, age, or any other form of
discrimination prohibited by law.
(E) Delayed payment of bills by elderly
persons.
(i) Applicability. This subparagraph
applies only to:
(I) a utility that assesses
late payment charges on residential customers and that suspends service before
the 26th day after the date of the bill for which collection action is
taken;
(II) utility bills issued on
or after August 30, 1993; and
(III)
an elderly person, as defined in clause (ii) of this subparagraph, who is a
residential customer and who occupies the entire premises for which a delay is
requested.
(ii)
Definitions.
(I) Elderly person--A person who
is 60 years of age or older.
(II)
Utility--A gas utility or municipally owned utility, as defined in Texas
Utilities Code, §§
RSA
101.003<subdiv>(7)</subdiv>,
101.003(8), and 121.001 - 121.006.
(iii) An elderly person may request that the
utility implement the delay for either the most recent utility bill or for the
most recent utility bill and each subsequent utility bill.
(iv) On request of an elderly person, a
utility shall delay without penalty the payment date of a bill for providing
utility services to that person until the 25th day after the date on which the
bill is issued.
(v) The utility may
require the requesting person to present reasonable proof that the person is 60
years of age or older.
(vi) Every
utility shall notify its customers of this delayed payment option no less often
than yearly. A utility may include this notice with other information provided
pursuant to subparagraph (A) of this paragraph.
(3) Refusal of service.
(A) Compliance by applicant. Any utility may
decline to serve an applicant for whom service is available from previously
installed facilities until such applicant has complied with the state and
municipal regulations and approved rules and regulations of the utility on file
with the commission governing the service applied for or for the following
reasons.
(i) Applicant's facilities
inadequate. If the applicant's installation or equipment is known to be
hazardous or of such character that satisfactory service cannot be
given.
(ii) For indebtedness. If
the applicant is indebted to any utility for the same kind of service as that
applied for; provided, however, that in the event the indebtedness of the
applicant for service is in dispute, the applicant shall be served upon
complying with the applicable deposit requirement.
(iii) Refusal to make deposit. For refusal to
make a deposit if applicant is required to make a deposit under these
rules.
(B) Applicant's
recourse. In the event that the utility shall refuse to serve an applicant
under the provisions of these rules, the utility must inform the applicant of
the basis of its refusal and that the applicant may file a complaint with the
municipal regulatory authority or commission, whichever is
appropriate.
(C) Insufficient
grounds for refusal to serve. The following shall not constitute sufficient
cause for refusal of service to a present customer or applicant:
(i) delinquency in payment for service by a
previous occupant of the premises to be served;
(ii) failure to pay for merchandise or
charges for nonutility service purchased from the utility;
(iii) failure to pay a bill to correct
previous underbilling due to misapplication of rates more than six months prior
to the date of application;
(iv)
violation of the utility's rules pertaining to operation of nonstandard
equipment or unauthorized attachments which interfere with the service of
others unless the customer has first been notified and been afforded reasonable
opportunity to comply with these rules;
(v) failure to pay a bill of another customer
as guarantor thereof unless the guarantee was made in writing to the utility as
a condition precedent to service; and
(vi) failure to pay the bill of another
customer at the same address except where the change of customer identity is
made to avoid or evade payment of a utility bill.
(4) Discontinuance of service.
(A) The due date of the bill for utility
service shall not be less than 15 days after issuance, or such other period of
time as may be provided by order of the regulatory authority. A bill for
utility service is delinquent if unpaid by the due date.
(B) A utility may offer an inducement for
prompt payment of bills by allowing a discount in the amount of 5.0% for
payment of bills within 10 days after their issuance. This provision shall not
apply where it conflicts with existing orders or ordinances of the appropriate
regulatory authority.
(C) A
customer's utility service may be disconnected if the bill has not been paid or
a deferred payment plan pursuant to paragraph (2)(D) of this section has not
been entered into within five working days after the bill has become delinquent
and proper notice has been given. Proper notice consists of a deposit in the
United States mail, postage prepaid, or hand delivery to the customer at least
five working days prior to the stated date of disconnection, with the words
"Termination Notice" or similar language prominently displayed on the notice.
The notice shall be provided in English and Spanish as necessary to adequately
inform the customer, and shall include the date of termination, the hours,
address, and telephone number where payment may be made, and a statement that
if a health or other emergency exists, the utility may be contacted concerning
the nature of the emergency and the relief available, if any, to meet such
emergency.
(D) Utility service may
be disconnected for any of the following reasons:
(i) failure to pay a delinquent account or
failure to comply with the terms of a deferred payment plan for installment
payment of a delinquent account;
(ii) violation of the utility's rules
pertaining to the use of service in a manner which interferes with the service
of others or the operation of nonstandard equipment, if a reasonable attempt
has been made to notify the customer and the customer is provided with a
reasonable opportunity to remedy the situation;
(iii) failure to comply with deposit or
guarantee arrangements where required by paragraph (5) of this
section;
(iv) without notice where
a known dangerous condition exists for as long as the condition
exists;
(v) tampering with the
utility company's meter or equipment or bypassing the same.
(E) Utility service may not be
disconnected for any of the following reasons:
(i) delinquency in payment for service by a
previous occupant of the premises;
(ii) failure to pay for merchandise or
charges for nonutility service by the utility;
(iii) failure to pay for a different type or
class of utility service unless fee for such service is included on the same
bill;
(iv) failure to pay the
account of another customer as guarantor thereof, unless the utility has in
writing the guarantee as a condition precedent to service;
(v) failure to pay charges arising from an
underbilling occurring due to any misapplication of rates more than six months
prior to the current billings;
(vi)
failure to pay charges arising from an underbilling due to any faulty metering,
unless the meter has been tampered with or unless such underbilling charges are
due;
(vii) failure to pay an
estimated bill other than a bill rendered pursuant to an approved meter reading
plan, unless the utility is unable to read the meter due to circumstances
beyond its control.
(F)
Unless a dangerous condition exists, or unless the customer requests
disconnection, service shall not be disconnected on a day, or on a day
immediately preceding a day, when personnel of the utility are not available to
the public for the purpose of making collections and reconnecting
service.
(G) No utility may abandon
a customer without written approval from the regulatory authority.
(H) No utility may discontinue service to a
delinquent residential customer permanently residing in an individually metered
dwelling unit when that customer establishes that discontinuance of service
will result in some person residing at that residence becoming seriously ill or
more seriously ill if the service is discontinued. Any customer seeking to
avoid termination of service under this section must make a written request
supported by a written statement from a licensed physician. Both the request
and the statement must be received by the utility not more than five working
days after the date of delinquency of the bill. The prohibition against service
termination provided by this section shall last 20 days from the date of
receipt by the utility of the request and statement or such lesser period as
may be agreed upon by the utility and the customer. The customer who makes such
request shall sign an installment agreement which provides for payment of such
service along with timely payments for subsequent monthly billings.
(5) Applicant deposit.
(A) Establishment of credit for residential
applicants. Each utility may require a residential applicant for service to
satisfactorily establish credit but such establishment of credit shall not
relieve the customer from complying with rules for prompt payment of bills.
Subject to these rules, a residential applicant shall not be required to pay a
deposit:
(i) if the residential applicant has
been a customer of any utility for the same kind of service within the last two
years and is not delinquent in payment of any such utility service account and
during the last 12 consecutive months of service did not have more than one
occasion in which a bill for such utility service was paid after becoming
delinquent and never had service disconnected for nonpayment;
(ii) if the residential applicant furnishes
in writing a satisfactory guarantee to secure payment of bills for the service
required; or
(iii) if the
residential applicant furnishes in writing a satisfactory credit rating by
appropriate means, including, but not limited to, the production of generally
acceptable credit cards, letters of credit reference, the names of credit
references which may be quickly and inexpensively contacted by the utility, or
ownership of substantial equity.
(B) Reestablishment of credit. Every
applicant who has previously been a customer of the utility and whose service
has been discontinued for nonpayment of bills shall be required before service
is rendered to pay all his amounts due the utility or execute a written
deferred payment agreement, if offered, and reestablish credit as provided in
subparagraph (A) of this paragraph.
(C) Amount of deposit and interest for
residential service, and exemption from deposit.
(i) Each gas utility shall waive any deposit
requirement for residential service for an applicant who has been determined to
be a victim of family violence as defined in Texas Family Code, §
RSA 71.004, by a
family violence center, by treating medical personnel, by law enforcement
agency personnel, or by a designee of the Attorney General in the Crime Victim
Services Division of the Office of the Attorney General. This determination
shall be evidenced by the applicant's submission of a certification letter
developed by the Texas Council on Family Violence and made available on its web
site.
(ii) The required deposit
shall not exceed an amount equivalent to one-sixth of the estimated annual
billings. If actual use is at least twice the amount of the estimated billings,
a new deposit requirement may be calculated and an additional deposit may be
required within two days. If such additional deposit is not made, the utility
may disconnect service under the standard disconnection procedure for failure
to comply with deposit requirements.
(iii) All applicants for residential service
who are 65 years of age or older will be considered as having established
credit if such applicant does not have an outstanding account balance with the
utility or another utility for the same utility service which accrued within
the last two years. No cash deposit shall be required of such applicant under
these conditions.
(iv) Each utility
which requires deposits to be made by its customers shall pay a minimum
interest on such deposits according to the rate as established by law. If
refund of deposit is made within 30 days of receipt of deposit, no interest
payment is required. If the utility retains the deposit more than 30 days,
payment of interest shall be made retroactive to the date of deposit.
(I) Payment of interest to the customer shall
be annually or at the time the deposit is returned or credited to the
customer's account.
(II) The
deposit shall cease to draw interest on the date it is returned or credited to
the customer's account.
(D) Deposits for temporary or seasonal
service and for weekend or seasonal residences. The utility may require a
deposit sufficient to reasonably protect it against the assumed risk, provided
such a policy is applied in a uniform and nondiscriminatory manner.
(E) Records of deposits.
(i) The utility shall keep records to show:
(I) the name and address of each
depositor;
(II) the amount and date
of the deposit; and
(III) each
transaction concerning the deposit.
(ii) The utility shall issue a receipt of
deposit to each applicant from whom a deposit is received and shall provide
means whereby a depositor may establish claim if the receipt is lost.
(iii) A record of each unclaimed deposit must
be maintained for at least four years, during which time the utility shall make
a reasonable effort to return the deposit.
(F) Refund of deposit.
(i) If service is not connected or after
disconnection of service, the utility shall promptly and automatically refund
the customer's deposit plus accrued interest on the balance, if any, in excess
of the unpaid bills for service furnished. The transfer of service from one
premise to another within the service area of the utility shall not be deemed a
disconnection within the meaning of these rules, and no additional deposit may
be demanded unless permitted by these rules.
(ii) When the customer has paid bills for
service for 12 consecutive residential bills without having service
disconnected for nonpayment of bill and without having more than two occasions
in which a bill was delinquent and when the customer is not delinquent in the
payment of the current bills, the utility shall promptly and automatically
refund the deposit plus accrued interest to the customer in the form of cash or
credit to a customer's account.
(G) Upon sale or transfer of utility or
company. Upon the sale or transfer of any public utility or operating units
thereof, the seller shall file with the commission under oath, in addition to
other information, a list showing the names and addresses of all customers
served by such utility or unit who have to their credit a deposit, the date
such deposit was made, the amount thereof, and the unpaid interest
thereon.
(H) Complaint by applicant
or customer. Each utility shall direct its personnel engaged in initial contact
with an applicant or customer for service seeking to establish or reestablish
credit under the provisions of these rules to inform the customer, if
dissatisfaction is expressed with the utility's decision, of the customer's
right to file a complaint with the regulatory authority thereon.
(6) Billing.
(A) Bills for gas service shall be rendered
monthly, unless otherwise authorized or unless service is rendered for a period
less than a month. Bills shall be rendered as promptly as possible following
the reading of meters.
(B) The
customer's bill must show all the following information. The information must
be arranged and displayed in such a manner as to allow the customer to compute
his bill with the applicable rate schedule. The applicable rate schedule must
be mailed to the customer on request of the customer. A utility may exhaust its
present stock of nonconforming bill forms before compliance is required by this
section:
(i) if the meter is read by the
utility, the date and reading of the meter at the beginning and end of the
period for which rendered;
(ii) the
number and kind of units billed;
(iii) the applicable rate schedule title or
code;
(iv) the total base
bill;
(v) the total of any
adjustments to the base bill and the amount of adjustments per billing
unit;
(vi) the date by which the
customer must pay the bill to get prompt payment discount;
(vii) the total amount due before and after
any discount for prompt payment within a designated period;
(viii) a distinct marking to identify an
estimated bill.
(C)
Where there is good reason for doing so, estimated bills may be submitted,
provided that an actual meter reading is taken at least every six months. For
the second consecutive month in which the meter reader is unable to gain access
to the premises to read the meter on regular meter reading trips, or in months
where meters are not read otherwise, the utility must provide the customer with
a postcard and request that the customer read the meter and return the card to
the utility if the meter is of a type that can be read by the customer without
significant inconvenience or special tools or equipment. If such a postcard is
not received by the utility in time for billing, the utility may estimate the
meter reading and render the bill accordingly.
(D) Disputed bills.
(i) In the event of a dispute between the
customer and the utility regarding the bill, the utility must forthwith make
such investigation as is required by the particular case and report the results
thereof to the customer. If the customer wishes to obtain the benefits of
clause (ii) of this subparagraph, notification of the dispute must be given to
the utility prior to the date the bill becomes delinquent. In the event the
dispute is not resolved, the utility shall inform the customer of the complaint
procedures of the appropriate regulatory authority.
(ii) Notwithstanding any other subsection of
this section, the customer shall not be required to pay the disputed portion of
the bill which exceeds the amount of that customer's average usage for the
billing period at current rates until the earlier of the following: resolution
of the dispute or the expiration of the 60-day period beginning on the day the
disputed bill is issued. For purposes of this section only, the customer's
average usage for the billing period shall be the average of the customer's
usage for the same billing period during the preceding two years. Where no
previous usage history exists, the average usage shall be estimated on the
basis of usage levels of similar customers and under similar
conditions.
(7) Meters.
(A) Meter requirements.
(i) Use of meter. All gas sold by a utility
must be charged for by meter measurements, except where otherwise provided for
by applicable law, regulation of the regulatory authority, or tariff.
(ii) Installation by utility. Unless
otherwise authorized by the regulatory authority, each utility must provide and
install and will continue to own and maintain all meters necessary for
measurement of gas delivered to its customers.
(iii) Standard type. No utility may furnish,
set up, or put in use any meter which is not reliable and of a standard type
which meets generally accepted industry standards; provided, however, special
meters not necessarily conforming to such standard types may be used for
investigation, testing, or experimental purposes.
(B) Meter records. Each utility must keep the
following records:
(i) Meter equipment
records. Each utility must keep a record of all its meters, showing the
customer's address and date of the last test.
(ii) Records of meter tests. All meter tests
must be properly referenced to the meter record provided for therein. The
record of each test made on request of a customer must show the identifying
number and constants of the meter, the standard meter and other measuring
devices used, the date and kind of test made, by whom made, the error (or
percentage of accuracy) at each load tested, and sufficient data to permit
verification of all calculations.
(iii) Meter readings--meter unit location. In
general, each meter must indicate clearly the units of service for which charge
is made to the customer.
(iv) Meter
tests on request of customer.
(I) Each
utility must, upon request of a customer, make a test of the accuracy of the
meter serving that customer. The utility must inform the customer of the time
and place of the test and permit the customer or his authorized representative
to be present if the customer so desires. If no such test has been performed
within the previous four years for the same customer at the same location, the
test is to be performed without charge. If such a test has been performed for
the same customer at the same location within the previous four years, the
utility is entitled to charge a fee for the test not to exceed $15 or such
other fee for the testing of meters as may be set forth in the utility's tariff
properly on file with the regulatory authority. The customer must be properly
informed of the result of any test on a meter that serves him.
(II) Notwithstanding subclause (I) of this
clause, if the meter is found to be more than nominally defective, to either
the customer's or the utility's disadvantage, any fee charged for a meter test
must be refunded to the customer. More than nominally defective means a
deviation of more than 2.0% from accurate registration.
(v) Bill adjustments due to meter error.
(I) If any meter test reveals a meter to be
more than nominally defective, the utility must correct previous readings
consistent with the inaccuracy found in the meter for the period of either:
(-a-) the last six months; or
(-b-) the last test of the meter, whichever
is shorter. Any resulting underbillings or overbillings are to be corrected in
subsequent bills, unless service is terminated, in which event a monetary
adjustment is to be made. This requirement for a correction may be foregone by
the utility if the error is to the utility's disadvantage.
(II) If a meter is found not to register for
any period of time, the utility may make a charge for units used but not
metered for a period not to exceed three months previous to the time the meter
is found not to be registering. The determination of amounts used but not
metered is to be based on consumption during other like periods by the same
customer at the same location, when available, and on consumption under similar
conditions at the same location or of other similarly situated customers, when
not available.
(8) New construction.
(A) Standards of construction. Each utility
is to construct, install, operate, and maintain its plant, structures,
equipment, and lines in accordance with the provisions of such codes and
standards as are generally accepted by the industry, as modified by rule or
regulation of the regulatory authority or otherwise by law, and in such manner
to best accommodate the public and to prevent interference with service
furnished by other public utilities insofar as practical.
(B) Line extension and construction charges.
Every utility must file its extension policy. The policy must be consistent,
nondiscriminatory, and is subject to the approval of the regulatory authority.
No contribution in aid of construction may be required of any customer except
as provided for in extension policy.
(C) Response to request for service. Every
gas utility must serve each qualified applicant for service within its service
area as rapidly as practical. As a general policy, those applications not
involving line extensions or new facilities should be filled within seven
working days. Those applications for individual residential service requiring
line extensions should be filled within 90 days unless unavailability of
materials or other causes beyond the control of the utility result in
unavoidable delays. In the event that residential service is delayed in excess
of 90 days after an applicant has met credit requirements and made satisfactory
arrangements for payment of any required construction charges, a report must be
made to the regulatory authority listing the name of the applicant, location,
and cause for delay. Unless such delays are due to causes which are reasonably
beyond the control of the utility, a delay in excess of 90 days may be found to
constitute a refusal to serve.