Current through Reg. 50, No. 13; March 28, 2025
(a) Disconnection
and reconnection policy. Only a transmission and distribution utility (TDU),
municipally owned utility, or electric cooperative may perform physical
disconnections and reconnections. Unless otherwise stated, it is the
responsibility of a retail electric provider (REP) to request such action from
the appropriate TDU, municipally owned utility, or electric cooperative in
accordance with that entity's relevant tariffs, in accordance with the
protocols established by the registration agent, and in compliance with the
requirements of this section. If a REP chooses to have a customer's electric
service disconnected, it must comply with the requirements in this section.
Nothing in this section requires a REP to request that a customer's service be
disconnected.
(b) Disconnection
authority.
(1) Any REP may authorize the
disconnection of a medium non-residential or large non-residential customer, as
that term is defined in §
25.43 of this title (relating to
Provider of Last Resort (POLR)).
(2) Except as provided in subsection (d) of
this section, all REPs may authorize the disconnection of residential and small
non-residential customers pursuant to commission rules. Prior to authorizing
disconnections for non-payment in accordance with this paragraph, a REP must:
(A) test all necessary electronic
transactions related to disconnections and reconnections of service;
and
(B) file an affidavit from an
officer of the company, in a project established by the commission for this
purpose, affirming that the REP understands and has trained its personnel on
the commission's rule requirements related to disconnection and reconnection,
and has adequately tested the transactions described in subparagraph (A) of
this paragraph.
(c) Disconnection with notice. A REP having
disconnection authority under the provisions of subsection (b) of this section,
including the POLR, may authorize the disconnection of a customer's electric
service after proper notice and not before the first day after the
disconnection date in the notice for any of the following reasons:
(1) failure to pay any outstanding bona fide
debt for electric service owed to the REP or to make deferred payment
arrangements by the date of disconnection stated on the disconnection notice.
Payment of the delinquent bill at the REP's authorized payment agency is
considered payment to the REP;
(2)
failure to comply with the terms of a deferred payment agreement made with the
REP;
(3) violation of the REP's
terms and conditions on using service in a manner that 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;
(4) failure to pay a deposit as required by
§
25.478 of this title (relating to
Credit Requirements and Deposits); or
(5) failure of the guarantor to pay the
amount guaranteed, when the REP has a written agreement, signed by the
guarantor, which allows for disconnection of the guarantor's service.
(d) Disconnection without prior
notice. Any REP or TDU may, at any time, authorize disconnection of a
customer's electric service without prior notice for any of the following
reasons:
(1) Where a known dangerous
condition exists for as long as the condition exists. Where reasonable, given
the nature of the hazardous condition, the REP or its agent must post a notice
of disconnection and the reason for the disconnection at the place of common
entry or upon the front door of each affected residential unit as soon as
possible after service has been disconnected;
(2) Where service is connected without
authority by a person who has not made application for service;
(3) Where service is reconnected without
authority after disconnection for nonpayment;
(4) Where there has been tampering with the
equipment of the transmission and distribution utility, municipally owned
utility, or electric cooperative; or
(5) Where there is evidence of theft of
service.
(e)
Disconnection prohibited. A REP having disconnection authority under the
provisions of subsection (b) of this section must not authorize a disconnection
for nonpayment of a customer's electric service for any of the following
reasons:
(1) Delinquency in payment for
electric service by a previous occupant of the premises;
(2) Failure to pay for any charge that is not
for electric service regulated by the commission, including competitive energy
service, merchandise, or optional services;
(3) Failure to pay for a different type or
class of electric service unless charges for such service were included on that
account's bill at the time service was initiated;
(4) Failure to pay charges resulting from an
underbilling, except theft of service, more than six months prior to the
current billing;
(5) Failure to pay
disputed charges, except for the amount not under dispute, until a
determination as to the accuracy of the charges has been made by the REP or the
commission, and the customer has been notified of this determination;
(6) 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 under §
25.126 of this title (relating to
Adjustments Due to Non-Compliant Meters and Meter Tampering in Areas Where
Customer Choice Has Been Introduced); or
(7) Failure to pay an estimated bill other
than a bill rendered pursuant to an approved meter-reading plan, unless the
bill is based on an estimated meter read by the TDU.
(f) Disconnection on holidays or weekends.
(1) A REP having disconnection authority
under the provisions of subsection (b) of this section must not request
disconnection of a customer's electric service for nonpayment on a holiday or
weekend, or the day immediately preceding a holiday or weekend, unless the
REP's personnel are available on those days to take payments, make payment
arrangements with the customer, and request reconnection of service.
(2) Unless a dangerous condition exists or
the customer requests disconnection, a TDU must not disconnect a customer's
electric service on a holiday or weekend, or the day immediately preceding a
holiday or weekend, unless the personnel of the TDU are available to reconnect
service on all of those days.
(g) Disconnection of Critical Care
Residential Customers. A REP having disconnection authority under the
provisions of subsection (b) of this section must not authorize a disconnection
for nonpayment of electric service at a permanent, individually metered
dwelling unit of a delinquent Critical Care Residential Customer when that
customer establishes that disconnection of service will cause some person at
that residence to become seriously ill or more seriously ill.
(1) Each time a Critical Care Residential
Customer seeks to avoid disconnection of service under this subsection, the
customer must accomplish all of the following by the stated date of
disconnection:
(A) Have the person's attending
physician (for purposes of this subsection, the "physician" means any public
health official, including medical doctors, doctors of osteopathy, nurse
practitioners, registered nurses, and any other similar medical professional)
contact the REP to confirm that the customer is a Critical Care Residential
Customer;
(B) Have the person's
attending physician submit a written statement to the REP confirming that the
customer is a Critical Care Residential Customer; and
(C) Enter into a deferred payment
plan.
(2) The
prohibition against service disconnection of a Critical Care Residential
Customer provided by this subsection lasts 63 days from the issuance of the
bill for electric service or a shorter period agreed upon by the REP and the
customer, emergency (secondary) contact listed on the commission-approved
application form, or attending physician. If the Critical Care Residential
Customer does not accomplish the requirements of paragraph (1) of this
subsection:
(A) The REP must provide written
notice to the Critical Care Residential Customer and the emergency contact
listed on the commission-approved application form of its intention to
disconnect service not later than 21 days prior to the date that service would
be disconnected. Such notice must be a separate mailing or hand delivered
notice with a stated date of disconnection with the words "disconnection
notice" or similar language prominently displayed. If the REP has offered and
the customer has agreed for the customer and/or emergency contact to receive
disconnection notices from the REP by email, a separate email with the words
"disconnection notice" or similar language in the subject line must be sent in
addition to the separate mailing or hand delivered notice. Except as provided
in this subsection, the notice must comply with the requirements of subsections
(l) and (m) of this section; and
(B) Prior to disconnecting a Critical Care
Residential Customer, a TDU must contact the customer and the emergency contact
listed on the commission-approved application form. If the TDU does not reach
the customer and emergency contact by phone, the TDU must visit the premises,
and, if there is no response, must leave a door hanger containing the pending
disconnection information and information on how to contact the REP and
TDU.
(3) If, in the
normal performance of its duties, a TDU obtains information that a customer
scheduled for disconnection may qualify for delay of disconnection pursuant to
this subsection, and the TDU reasonably believes that the information may be
unknown to the REP, the TDU must delay the disconnection and promptly
communicate the information to the REP. The TDU must disconnect such customer
if it subsequently receives a confirmation of the disconnect notice from the
REP. Nothing herein should be interpreted as requiring a TDU to assess or to
inquire as to the customer's status before performing a disconnection when not
otherwise required.
(4) If a TDU
refuses to disconnect a Critical Care Residential Customer pursuant to this
subsection, it must cease charging all transmission and distribution charges
and surcharges, except securitization-related charges, for that premises to the
REP.
(h) Disconnection
of Chronic Condition Residential Customers. A REP having disconnection
authority under the provisions of subsection (b) of this section must not
authorize a disconnection for nonpayment of electric service at a permanent,
individually metered dwelling unit of a delinquent customer when that customer
has been designated as a Chronic Condition Residential Customer pursuant to
§
25.497 of this title (relating to
Critical Load Industrial Customers, Critical Load Public Safety Customers,
Critical Care Residential Customers, and Chronic Condition Residential
Customers), except as provided in this subsection. The REP must notify the
Chronic Condition Residential Customer and the emergency contact listed on the
commission-approved application form with a written notice of its intention to
disconnect service not later than 21 days prior to the date that service would
be disconnected. Such notice must be a separate mailing or hand delivered
notice with a stated date of disconnection with the words "disconnection
notice" or similar language prominently displayed. If the REP has offered and
the customer has agreed for the customer and/or emergency contact to receive
disconnection notices from the REP by email, a separate email with the words
"disconnection notice" or similar language in the subject line must also be
sent in addition to the separate mailing or hand delivered notice. Except as
provided in this subsection, the notice must comply with the requirements of
subsections (l) and (m) of this section.
(i) Disconnection of energy assistance
clients.
(1) A REP having disconnection
authority under the provisions of subsection (b) of this section must not
authorize a disconnection for nonpayment of electric service to a delinquent
residential customer for a billing period in which the REP receives a pledge,
letter of intent, purchase order, or other notification that the energy
assistance provider is forwarding sufficient payment to continue service
provided that such pledge, letter of intent, purchase order, or other
notification is received by the due date stated on the disconnection notice,
and the customer, by the due date on the disconnection notice, either pays or
makes payment arrangements to pay any outstanding debt not covered by the
energy assistance provider.
(2) If
an energy assistance provider has requested monthly usage data pursuant to
§
25.472(b)(4) of
this title (relating to Privacy of Customer Information), the REP must extend
the final due date on the disconnection notice, day for day, from the date the
usage data was requested until it is provided.
(3) A REP must allow at least 45 days for an
energy assistance provider to honor a pledge, letter of intent, purchase order,
or other notification before submitting the disconnection request to the
TDU.
(4) A REP may request
disconnection of service to a customer if payment from the energy assistance
provider's pledge is not received within the time frame agreed to by the REP
and the energy assistance provider, or if the customer fails to pay any portion
of the outstanding balance not covered by the pledge.
(j) Disconnection during extreme weather. A
REP having disconnection authority under the provisions of subsection (b) of
this section must not authorize a disconnection for nonpayment of electric
service for any customer in a county in which an extreme weather emergency
occurs. A REP must offer residential customers a deferred payment plan upon
request by the customer that complies with the requirements of §
25.480 of this title (relating to
Bill Payment and Adjustments) for bills that become due during the weather
emergency.
(1) The term "extreme weather
emergency" means a day when:
(A) the previous
day's highest temperature did not exceed 32 degrees Fahrenheit, and the
temperature is predicted to remain at or below that level for the next 24 hours
anywhere in the county, according to the nearest National Weather Service (NWS)
reports; or
(B) the NWS issues a
heat advisory for a county, or when such advisory has been issued on any one of
the preceding two calendar days in a county.
(2) A TDU must notify the commission of an
extreme weather emergency in a method prescribed by the commission, on each day
that the TDU has determined that an extreme weather emergency has been issued
for a county in its service area. The initial notice must include the county in
which the extreme weather emergency occurred and the name and telephone number
of the utility contact person.
(k) Disconnection of master-metered
apartments. When a bill for electric service is delinquent for a master-metered
apartment complex:
(1) The REP having
disconnection authority under the provisions of subsection (b) of this section
must send a notice to the customer as required by this subsection. At the time
such notice is issued, the REP, or its agents, must also inform the customer
that notice of possible disconnection will be provided to the tenants of the
apartment complex in six days if payment is not made before that
time.
(2) At least six days after
providing notice to the customer and at least four days before disconnecting,
the REP must post a minimum of five notices in English and Spanish in
conspicuous areas in the corridors or other public places of the apartment
complex. Language in the notice must be in large type and must read: "Notice to
residents of (name and address of apartment complex): Electric service to this
apartment complex is scheduled for disconnection on (date), because (reason for
disconnection)."
(l)
Disconnection notices. A disconnection notice for nonpayment must:
(1) not be issued before the first day after
the bill is due;
(2) be a separate
mailing or hand delivered notice with a stated date of disconnection with the
words "disconnection notice" or similar language prominently displayed or, if
the REP has offered and the customer has agreed to receive disconnection
notices from the REP by email, be a separate email with the words
"disconnection notice" or similar language in the subject line. The REP may
send the disconnection notice concurrently with the request for a
deposit;
(3) have a disconnection
date that is not a holiday, weekend day, or day that the REP's personnel are
not available to take payments, and is not less than ten days after the notice
is issued; and
(4) include a
statement notifying the customer that if the customer needs assistance paying
the bill by the due date, or is ill and unable to pay the bill, the customer
may be able to make some alternate payment arrangement, establish a deferred
payment plan, or possibly secure payment assistance. The notice must also
advise the customer to contact the provider for more information.
(m) Contents of disconnection
notice. Any disconnection notice must include the following information:
(1) The reason for disconnection;
(2) The actions, if any, that the customer
may take to avoid disconnection of service;
(3) The amount of all fees or charges which
will be assessed against the customer as a result of the default;
(5) A toll-free telephone number that the
customer can use to contact the REP to discuss the notice of disconnection or
to file a complaint with the REP, and the following statement: "If you are not
satisfied with our response to your inquiry or complaint, you may file a
complaint by calling or writing the Public Utility Commission of Texas, P.O.
Box 13326, Austin, Texas, 78711-3326; Telephone: (512) 936-7120 or toll-free in
Texas at (888) 782-8477. Hearing and speech impaired individuals may contact
the commission through Relay Texas at 1-800-735-2989. Complaints may also be
filed electronically at
www.puc.texas.gov/ocp/complaints/complain.cfm;"
(6) If a deposit is being held by the REP on
behalf of the customer, a statement that the deposit will be applied against
the final bill (if applicable) and the remaining deposit will be either
returned to the customer or transferred to the new REP, at the customer's
designation and with the consent of both REPs;
(7) The availability of deferred payment or
other billing arrangements, from the REP, and the availability of any state or
federal energy assistance programs and information on how to get further
information about those programs; and
(8) A description of the activities that the
REP will use to collect payment, including the use of consumer reporting
agencies, debt collection agencies, small claims court, and other remedies
allowed by law, if the customer does not pay or make acceptable payment
arrangements with the REP.
(n) Reconnection of service. Upon a
customer's satisfactory correction of the reasons for disconnection, the REP
must request the TDU, municipally owned utility, or electric cooperative to
reconnect the customer's electric service as quickly as possible. The REP must
inform the customer when reconnection is expected to occur in accordance with
the timelines set forth in this subsection and in §
25.214 of this title (relating to
Terms and Conditions of Retail Delivery Service Provided by Investor Owned
Transmission and Distribution Utilities). For premises without a provisioned
advanced meter with remote disconnect/reconnect capabilities, if a REP submits
a standard reconnect request and the TDU completes the reconnect the same day,
the TDU may assess a standard reconnect fee. A TDU may assess a same-day
reconnect fee only when the REP expressly requests a same-day reconnect and a
REP may pass through a same-day reconnect fee to the customer only when the
customer expressly requests a same-day reconnect. A REP must send a
reconnection request no later than the timelines in this subsection. The TDU
must complete the reconnection in accordance with the timelines in §
25.214 of this title.
(1) For payments made before 12:00 p.m. on a
business day, a REP must send a reconnection request to the TDU no later than
2:00 p.m. on the same day.
(2) For
payments made after 12:00 p.m. but before 5:00 p.m. on a business day, a REP
must send a reconnection request to the TDU by 7:00 p.m. on the same
day.
(3) For payments made after
5:00 p.m. but before 7:00 p.m. on a business day, a REP must send a
reconnection request to the TDU by 9:00 p.m. on the same day.
(4) For payments made after 7:00 p.m. on a
business day, a REP must send a reconnection request to the TDU by 2:00 p.m. on
the next business day.
(5) For
payments made on a weekend day or a holiday, a REP must send a reconnection
request to the TDU by 2:00 p.m. on the first business day after the payment was
made.
(6) In no event must a REP
fail to send a reconnection notice within 48 hours after the customer's
satisfactory correction of the reasons for disconnection as specified in the
disconnection notice.
(o) Electric service disconnection of a
non-submetered master metered multifamily property.
(1) In this subsection, "non-submetered
master metered multifamily property" means an apartment, a leased or
owner-occupied condominium, or one or more buildings containing at least 10
dwellings that receive electric utility service that is master metered but not
submetered.
(2) A REP must send a
written notice of service disconnection to a municipality before authorizing
disconnection of service to a non-submetered master metered multifamily
property for nonpayment if:
(A) the property
is located in the municipality; and
(B) the municipality establishes an
authorized representative to receive the notice as described by paragraph (3)
of this subsection.
(3)
No later than January 1st of every year, a municipality wishing to receive
notice of disconnection of electric service to a non-submetered master metered
multifamily property must provide the commission with the contact information
for the municipality's authorized representative referenced by paragraph (2) of
this subsection by submitting that person's name, title, direct mailing
address, telephone number, and email address in a P.U.C. Project Number to be
established annually for that purpose. The email address provided by the
municipality may be for a general mailbox accessible by the authorized
representative established for the purpose of receiving such notices.
(4) After January 1st, but no later than
January 15th of every year, the commission must post on its public website the
contact information received from every municipality pursuant to paragraph (3)
of this subsection. The contact information posted by the commission must
remain in effect during the subsequent 12-month period of February 1 through
January 31 for the purpose of the written notice of disconnection required by
paragraph (2) of this subsection.
(5) The retail electric provider must email
the written notice required by this subsection to the municipality's authorized
representative not later than the 10th day before the date electric service is
scheduled for disconnection. Additional notice may be provided by third-party
commercial carrier delivery or certified mail.
(6) The customer safeguards provided by this
subchapter are in addition to safeguards provided by other law or agency
rules.
(7) This subsection does not
prohibit a municipality or the commission from adopting customer safeguards
that exceed the safeguards provided by this chapter.