West Virginia Code of State Rules
Agency 150 - Public Service Commission
Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION
Series 150-03 - Government of Electric Utilities
Section 150-3-4 - Customer Relations
Universal Citation: 150 WV Code of State Rules 150-3-4
Current through Register Vol. XLI, No. 13, March 29, 2024
4.1. Customer information.
4.1.1. Character of
service -- A utility shall, upon request, when application is first made for
electrical service, furnish to the applicant information regarding the
character of service.
4.1.1.a. Whether direct
or alternating current is available.
4.1.1.b. The voltage or voltages
available.
4.1.1.c. The frequency
of the alternating current.
4.1.1.d. Whether single or multi-phase lines
are available.
4.1.2.
Explanation of rates -- It shall be the duty of the utility to explain to the
customer, at the beginning of service, or whenever the customer shall request
the utility to do so, the utility's rates applicable to the type of service
furnished to the customer and all other classes of customers, and to assist the
customer in obtaining the rate which is most advantageous to the customer's
requirement for service. The responsibility for the selection, however, must
rest with the applicant. In the event that the customer's use of service is
later such that an applicable rate schedule, other than the one initially
selected, proves to be more favorable, the responsibility for requesting a
change in rate schedule, consistent with the provisions of the service
agreement, shall rest with the customer. The utility shall, on its periodic
statements, annually inform its customers that, if they so request, it shall
supply the customers with a copy of the utility's rate or rates applicable to
the type of service to be furnished to them and to all other classes of
customers with a concise written explanation of the rates, and an
identification of any classes of customer whose rates are not
summarized.
4.1.3. Selection of
equipment -- When service is available only at certain times of the day or
night, full information shall be given with respect thereto. Upon the request
of any customer, reasonable assistance shall be given as to the selection of
incandescent or other suitable types of lamps and appliances best adapted to
the character of current furnished and most advantageous to said customer under
the terms of the schedule of charges under which service is being
furnished.
4.1.4. Meter reading
method -- The utility shall, upon request, inform its customers how meters are
read.
4.1.5. Posting of law, rates,
rules and regulations.
4.1.5.a. Every utility
shall provide in its business office, where it may be available to the public,
the following:
4.1.5.a.1. A copy of the rates,
rules and regulations of the utility, and of forms of contracts and
applications applicable to the territory served for that office.
4.1.5.a.2. A copy of Chapter 24, Code of West
Virginia.
4.1.5.a.3. A copy of the
Commission's Rules for the Government of Electric Utilities.
4.1.5.b. A suitable placard in
large type shall be placed in each business office of the utility giving
information to customers that a copy of the law, the rules of the Public
Service Commission and the schedules of rates are available for their
inspection.
4.1.6.
Information as to service -- Each utility shall, upon request, give its
customers such information and assistance as is reasonable, in order that
customers may secure safe and efficient service.
4.2. Customer deposits.
4.2.1. Security deposit -- A utility may
require an applicant or customer to make a deposit as a guarantee of the
payment for electricity used. Such deposit shall not be more than one-twelfth
(1/12) of the annual estimated charge for residential service and one-sixth
(1/6) for all other service to secure the utility from loss. The utility shall
not be bound to supply electricity until this condition is fulfilled and it may
cut off the supply if the guarantee is not given when required.
4.2.1.a. Refund of deposit -- After the
customer has paid bills for service for twelve (12) consecutive months, without
a delinquency, the utility shall promptly and automatically refund the deposit
in its principal amount plus accrued interest. Utilities may, at their
discretion, refund deposits after shorter periods of time. Calculation of the
above twelve (12) month period shall commence from the first regular payment or
following the payment of a delinquent bill or bills. The interest rate to be
paid shall be determined as follows. The rate which utilities shall be required
to pay shall be the average of the one-year United States Treasury Bill rates
for October, November and December of the preceding calendar year. By January
15 of each year, Staff of the Commission shall make the necessary calculations
and, file with the Commission its calculations. The Commission will issue an
order setting the rate to be paid by the utilities until the next annual
Commission order. The simple interest shall be paid at the date of
discontinuance of service or at the end of the deposit period. The utility
shall have a reasonable time to read and remove meters and to ascertain that
the obligations of the customer have been fully performed before being required
to return any deposit in the case where there has not been an automatic
refund.
4.2.1.b. Record of deposit
-- Each utility holding a cash deposit shall keep a record showing:
(i) the name and current address of each
depositor;
(ii) the amount and date
of the deposit; and
(iii) each
transaction concerning the deposit.
4.2.1.c. The receipt -- Concurrently with
receiving a cash deposit, the utility shall deliver to the applicant for
service or customer, a receipt showing:
(i)
the date thereof;
(ii) the name of
the applicant or customer and the address of the premises served or to be
served;
(iii) the service furnished
or to be furnished; and
(iv) the
amount of the deposit and the fact that interest will be paid on the deposit.
Each utility shall provide automatic means to refund the deposit of a customer,
when the customer is so entitled, if the original receipt cannot be produced. A
receipt or proof of payment will not be necessary under the provisions for an
automatic refund.
4.2.1.d. Unclaimed deposits -- Should a
utility have retained, through no fault of its own, deposits made by customers
to whom service has been discontinued during any calendar year, it shall, on or
before the first day of March, in each year, mail to the customer's last known
address a check as refund of the deposit, plus accrued interest, or at the
utility's option, publish a list of such depositors in a newspaper published
and of general circulation in each of the counties in which it operates and in
which the deposits were made, showing as of the thirty-first (31st) day of
December immediately preceding, the amount of each such deposit, together with
the interest due thereon, and notifying depositors listed therein that their
deposits, together with accrued interest, are being held to their credit and
will be returned upon request. The utility shall not be liable for any interest
on such deposit after publication of such lists. (See W.Va.
Code §
34-2-1).
Deposits remaining in the hands of the utility upon completion of the foregoing
procedure shall be considered derelict property and shall escheat to the State
of West Virginia under the provisions of the Code of West Virginia, Chapter 34,
Article 2.
4.2.1.e. The Commission
may, upon entry of a proper order, require any utility to segregate the
customer deposits into a special account at a federally insured
institution.
4.2.1.f. All utilities
that collect security deposits must do so in a non-discriminatory
manner.
4.2.1.g. Provided, however,
that this rule shall not affect residential customer security deposits required
by a utility prior to the passage of W. Va. Code §
24-3-8 on
March 12, 1983.
4.2.2.
Guaranty agreement.
4.2.2.a. A utility may
accept, in lieu of the cash deposit, a guaranty agreement signed by a
financially responsible guarantor, whereby payment of a specified sum, not
exceeding the cash deposit aforesaid, is guaranteed. The guarantor shall
receive copies of disconnection notices sent to the customer whose account has
been guaranteed: Provided, however, that the limitations herein fixed upon the
terms of a guaranty agreement shall not apply to industrial
customers.
4.2.2.b. Guaranty
agreements shall terminate after the customer has satisfactorily paid bills for
service for twelve consecutive months, or when the customer gives notice to the
utility of the discontinuance of service at the location covered by the
guaranty agreement, or three months after discontinuance of service where no
notice was given or at the guarantor's request upon thirty (30) days written
notice to the utility. In any case, after the automatic termination of a
security agreement, where experience indicates that a cash deposit or a new
guaranty agreement is reasonably necessary to secure the utility from loss, a
cash deposit or a new guaranty agreement may be required upon written notice to
the customer.
4.2.3.
Application in case of receiver or trustee -- The aforesaid provisions shall
apply in the case of a receiver or trustee, operating under court order a
business requiring utility service.
4.3. Billing information.
4.3.1. Bills rendered periodically shall show
the reading of the kilowatt hour meter at the beginning and the end of the
period for which the bill is rendered, the date of such reading and the amount
of energy supplied during the period. At the utility's option, meters of
residential and small commercial lighting customers may be read and bills
computed in units of ten kilowatt hours. Units larger than ten kilowatt hours
may be used in the case of larger commercial and industrial customers when
required by the meter design or the use of instrument transformers.
4.3.2. In the case of a demand rate the
number of demand units used in billing shall be shown on the bill.
4.3.3. Mechanical billing -- Utilities
desiring to adopt mechanical billing of such nature as to render compliance
with all of the terms of 4.3.a. impracticable, may make application to the
Commission for relief from part of these terms. After consideration of the
reasons given when asking for relief, the Commission may allow the omission of
part of these requirements.
4.3.4.
Billing period -- Meters will be read as nearly as possible at regular
intervals except as otherwise provided in the utility's tariff. Because of the
incidence of weekends, holidays, and unusual conditions, it is recognized that
there may be variations of several days in the period between meter readings.
No adjustment will be required in billing when the deviation from the standard
period is not more than five (5) days in the case of monthly billing, ten (10)
days in the case of bi-monthly billing, and fifteen (15) days in the case of
quarterly billing. When the deviation exceeds these limits, either for regular
or periodic billing or for opening and closing bills, the energy blocks, demand
charges, and minimum charges shall be prorated on the basis of the ratio of the
number of days in the period in question to the number of days included in the
standard period, which will be taken at thirty (30) days for monthly billing,
sixty (60) days for bi-monthly billing, and ninety (90) days for quarterly
billing.
4.3.5. Delayed Payment
Penalty -- Each bill shall bear upon its face the latest payment date and the
date it will become delinquent if not paid. On all current usage billings not
paid by the latest payment date, a delayed payment penalty or carrying charge
as approved in the utility's tariff will be added to the net current amount
unpaid. A delayed payment penalty is not interest and is to be collected only
once for each bill where it is appropriate. This provision must be included in
the utility's tariff filed with the Commission.
4.4. Adjustment of bills.
4.4.1. Meter fast -- Whenever a meter in
service is found upon periodic, request or complaint test, to be more than two
percent (2%) fast, tests shall be made, as stipulated in Rule 6.4., to
determine the average error of the meter.
4.4.1.a. Whenever a meter is found upon
periodic, request or complaint test, to have an average error of registration
of more than two percent (2%) fast the utility shall recalculate the monthly
bills for a period equal to one-half of the time elapsed since the last test,
but in no case shall this period exceed six (6) months. (See exception in Rule
4.4.4.). The method of recalculating the monthly bills shall be as shown in the
following example:
4.4.1.a1A. A meter, upon
test, was found to have an average accuracy of one hundred five percent (105%)
or an error of five percent (5%) fast. The consumption registered for a billing
period previous to test was one hundred five (105) K.W.H. The correct amount is
determined by multiplying one hundred five (105) K.W.H. by one hundred (100)
and dividing this product by one hundred five (105), (the average percent
accuracy) which result is one hundred (100) K.W.H. and is the proper amount to
be billed.
4.4.1.b. After
making such recalculations the utility shall refund to the customer the
difference between the amount previously billed and the amount calculated as
being the proper charge.
4.4.2. Meter slow -- Non-residential
customers.
4.4.2.a. When a meter upon
periodic, request or complaint test, is found to have an average error of more
than two percent (2%) slow, the utility may recalculate the monthly bills for a
period equal to one-half of the time elapsed since the last test, but in no
case to exceed six (6) months. The method for recalculating the monthly bills
shall be as shown in the following example:
4.4.2.a.1. A meter, upon test, was found to
have an average accuracy of ninety-five percent (95%) or an error of five
percent (5%) slow. The consumption registered for a billing period previous to
test was one hundred five (105) K.W.H. The correct amount is determined by
multiplying one hundred five (105) K.W.H. by one hundred (100) and dividing
this product by ninety-five (95), (the average percent accuracy) which result
is 110.526 or one hundred eleven (111) K.W.H. and is the proper amount to be
billed.
4.4.2.b. After
making such recalculations the utility may collect from the non-residential
customer an amount, equal to the difference between the amount previously
billed, and the amount calculated as being the proper charge.
4.4.3. Percent error -- It shall
be understood that when a meter is found to have an error in excess of two
percent (2%) fast or slow, the figure for calculating the amount of refund or
the amount to be collected by the utility, where applicable, shall be that
percentage of error as determined by the test. It is the duty of the utility to
maintain the accuracy of its measuring devices as near one hundred percent
(100%) as it is commercially practicable. Therefore, percent error shall be
that difference as between one hundred percent (100%) and percent accuracy as
is indicated by a proper test.
4.4.4. Refunds -- The burden of maintaining
measuring equipment, so that it will register accurately, is upon the utility;
therefore, if meters, other than single phase meters tested under a sampling
procedure approved by the Commission, are found upon test to register fast, and
if time for periodic test has overrun to the extent that one-half (½) of
the time elapsed since the last previous test exceeds six (6) months, the
refund shall be for the six (6) months, as specified in Rule 4.4.1.a., and in
addition thereto, a like refund upon those months exceeding the periodic test
period: Provided, however, that the Commission may relieve the utility from
this requirement in any particular case in which it shown that the failure to
make the periodic test was due to causes beyond the utility's
control.
4.4.5. Notification --
When a meter is tested and it is found necessary to make a refund or back bill
a customer the customer shall be notified in substantially the following form:
On______________, 2___, the meter bearing identifying No._______________
installed in your building, located at _________________, in
___________________was tested at ______________________________*(on premises or
elsewhere) and found to register _____________________________________*(% fast
or slow). The test was a ___________________ *(periodic - request - complaint)
test. Based upon this test, we will ________________________ *(charge or
credit) you the sum of $_______________, which amount has been noted
______________________________." *To be filled in by utility.
4.4.6. Non-registering meter -- When a meter
is found to be non-registering, the utility may recalculate the monthly bills
for a period equal to the time period determined that the meter has been
non-registering, but in no case to exceed three months. The recalculation shall
be based upon a similar period of usage, temperature variations, changes in
customer equipment and other pertinent information. A meter is non-registering
if it registers less than 25% of Kwh used when tested. A utility shall retain a
non-registering meter for a minimum of thirty (30) days following a Rule 4.4.5
notice.
4.5. Complaints.
4.5.1. Investigation of complaints -- Each
utility shall make a full and prompt investigation of all complaints made to it
by its customers, either directly or through the Commission.
4.5.2. Records of complaints -- The utility
shall keep a record of all complaints received, which record shall show the
name and address of the complainant, the date and character of the complaint,
and the adjustment or disposal made thereof.
4.5.3. Disposition of records -- A summary of
each complaint showing the nature of the complaint, the results of the
investigation, and the disposition of each complaint will be prepared and
maintained for a minimum of twenty-four (24) months after the resolution of
each complaint.
4.6. Disputed bills -- In the event of a dispute between the customer and the utility respecting any bill, the utility shall make forthwith such investigation as shall be required by the particular case, and report the result thereof to the customer. In the event that the complaint is not adjusted, the utility shall, before service is discontinued, comply with the provisions of Rule 4.8.
4.7. Customer discontinuance of service.
4.7.1.
Any customer desiring to have its service discontinued shall give at least
three (3) days' notice thereof to the utility, unless a longer or shorter
period shall be incorporated in any standard or special contract mutually
agreed upon. Until the utility shall have such notice, the customer may be held
responsible for all service rendered.
4.7.2. If service is disconnected at the
request of the customer, the utility may refuse service to such customer, at
the same premises within eight (8) months of such disconnection, unless it
shall first receive payment of a reconnection charge as provided for in an
effective tariff on file with the Commission.
4.8. Utility discontinuance of service.
4.8.1. Definitions -- for the purposes of
this rule, the following definitions shall apply:
4.8.1.a. Delinquent bill -- A bill becomes
delinquent if not paid in full, within thirty (30) days of being
rendered.
4.8.1.b. Due bill -- A
bill is due when rendered.
4.8.1.c.
Latest Payment Date -- The last day a customer can make payment on a bill to
avoid a late payment penalty.
4.8.1.d. Payment -- Payment is made by cash,
check, electronic transfer, money order, voucher from Department of Health and
Human Resources or from assistance agencies or faith organizations, or credit
and debit cards (if accepted by the utility and any applicable charge paid by
the customer).
4.8.1.d.1. A utility has
discretion to disregard and return to a customer a personal check or electronic
transfer intended as a payment of a delinquent bill if the customer has, within
the past three (3) months, presented the utility with a check returned for
insufficient funds or invalid account information. If a utility elects to
disregard and return a personal check or electronic transfer to a customer, it
must, within five (5) days of receiving the personal check or electronic
transfer, mail the customer a written notice that the check was refused, state
the reason for the refusal, and provide the customer with five (5) days to pay
by other means prior to termination.
4.8.1.e. Certified Health Condition or
Seasonal Time Period -- For the purposes of this rule, the following
circumstances shall be deemed to constitute a condition under which termination
of service could be dangerous to the health or safety of a residential customer
or a member of the residential customer's household. The existence of a
Certified Health Condition or Seasonal Time Period described below in Rule
4.8.1.e.1. or Rule 4.8.1.e.2. increases the utility notice requirements as set
forth in Rule 4.8.2.b.2.B., but does not prohibit disconnection except as
provided in Rule 4.8.2.b.9.:
4.8.1.e.1.
Written certification from a currently licensed physician, nurse practitioner
or physician assistant that termination of service would be dangerous to the
customer or a member of the customer's household for medical reasons (Certified
Health Condition). Such certification must be received by the utility within
ten (10) days after the customer informs the utility of those reasons, and must
be renewed every thirty (30) days, starting from the date the certification is
sent to the utility. If a licensed physician, nurse practitioner or physician
assistant states to a reasonable degree of medical certainty that the condition
is permanent, then certification need not be renewed.
4.8.1.e.2. The time period from the first day
of November through the last day of March (Seasonal Time Period).
4.8.1.f. Personal contact --
Unless specifically provided otherwise in these rules, personal contact as
referenced in Rule 4.8.1. may be made by:
4.8.1.f.1. A face-to-face meeting initiated
by the utility or by the customer (Actual Personal Contact);
4.8.1.f.2. A telephone call initiated by
either the utility or the customer in which a live conversation occurs between
the utility and an adult member of the household and that alerts the customer
to possible service disconnection and provides a toll free call back number or
call back number local for the customer's service address (Actual Telephone
Contact);
4.8.1.f.3. A telephone
call that reaches a voice-mail or answering device and that alerts the customer
to possible service disconnection and provides a toll free call back number or
call back number local to the customer's service address. If an automated call
is answered by a live person, the call must provide a means for the customer to
speak with a customer service representative during the automated call, such as
by pressing a button or speaking a demand. (Automated Telephone Contact);
or
4.8.1.f.4. An electronic message
if the customer provided an email address, cell phone number or text messaging
capability, or other means of electronic communication and indicated a
preference for this category of contact. The electronic message must alert the
customer to possible service disconnection and provides a toll free call back
number or call back number local for the customer's service address (Electronic
Communication Contact). An Electronic Communication Contact will be deemed
successful unless the utility receives notice, or the utility's systems show,
that the Electronic Communication Contact was not received by the
customer.
4.8.1.g. Any of
the four methods above shall be deemed a successful personal contact attempt.
An Actual Telephone Contact, an Automated Telephone Contact, or an Electronic
Communication Contact may be used as an after-hours personal contact
attempt.
4.8.2. Grounds
for discontinuance and procedure to be followed.
4.8.2.a. A utility may terminate service
without notice when, absent such termination, a potentially dangerous condition
with respect to the facilities of the utility or of the customer (Dangerous
Facilities Condition) exists that could be hazardous to life or property. If a
utility terminates service without notice:
(i) it must keep a record of the potentially
Dangerous Facilities Condition causing the termination and
(ii) it should make a reasonable effort to
notify the customer prior to termination and shall inform the customer of the
steps that must be taken to have service restored.
4.8.2.b. A utility may, after giving written
notice and complying with personal contact requirements, discontinue service to
any customer for non-payment of bills where any bill is delinquent, or for
fraud, or violation of its rules on file with the Commission or failure to
provide access to utility property located on the customer's premises, subject
to the following conditions:
4.8.2.b.1. The
written notice must comply with P.S.C. W.Va. Form No. 14-E and shall be sent
first class mail, address correction requested, postmarked at least ten (10)
days prior to the scheduled termination. A notice of discontinuance may not be
mailed prior to the date the bill becomes delinquent.
4.8.2.b.2. Personal Contact Notice.
4.8.2.b.2.A. No Certified Health Condition or
outside Seasonal Time Period. In addition to written notice, if a Certified
Health Condition does not exist or if the actual termination date falls outside
of the Seasonal Time Period defined in Rule 4.8.1.e., the utility is required
to make two attempts at personal contact as defined in Rule 4.8.1.f., unless it
can be reasonably established that the premises are not permanently inhabited.
The attempts must be made on two separate business days, with the last attempt
occurring at least forty-eight (48) hours prior to the scheduled service
termination. For any category of telephone contact, a call must be placed no
earlier than 8 a.m. and no later than 9 p.m. and one of the telephone attempts
must be made after 6 p.m.
4.8.2.b.2.B. Certified Health Condition or
within Seasonal Time Period. In addition to written notice, if a Certified
Health Condition exists or if the termination date falls within the Seasonal
Time Period as defined in Rule 4.8.1.e., the utility is required to make three
attempts at personal contact as defined in Rule 4.8.1.f., unless it is
reasonably established that the premises are not permanently inhabited. The
attempts must be made on three separate business days, with the last attempt
occurring at least forty-eight (48) hours prior to the scheduled service
termination and in the case of any category of telephone contact, a call must
be placed no earlier than 8 a.m. and no later than 9 p.m. and one of the
telephone attempts must be made after 6 p.m. In addition, at least one of the
attempts must be an on-site visit at the service location, unless the customer
has threatened the safety of utility personnel as described in Rule
4.8.2.b.14.A.1. through 3. If one of the attempts is an on-site visit and the
on-site visit fails to accomplish Actual Personal Contact, then the utility
representative shall leave an appropriate written notice with relevant
information on termination. If one of the first two attempts is successful, no
subsequent attempt(s) is required. If all three attempts at personal contact
are unsuccessful, the utility shall file a verified certification in compliance
with Rule 4.8.2.b.14.
4.8.2.b.3. The written notice shall become
void if the utility has not discontinued service within thirty (30) days of the
date indicated on the notice for termination. The thirty (30) day termination
notice period shall be tolled, however, during the time that a customer meeting
and utility decision are pending under Rule 4.8.2.b.5., or the time that a
customer's dispute, informal complaint, formal complaint or request for
assistance is pending with the Commission. If the dispute is not successfully
resolved informally, the thirty-day period will resume on the seventh day
following issuance of the utility's decision referenced in Rule 4.8.2.b.5., or
the date the Commission closes the request for assistance or issues a final
order in a formal complaint.
4.8.2.b.4. If a customer fails to respond to
a termination notice and the utility terminates service, the utility is not
required to reconnect that customer unless the customer (i) pays up-front a
minimum of one-half of the total delinquency or other amount ordered by the
Commission, (ii) pays the deposit as provided in the utility tariff, and (iii)
enters into a deferred payment agreement under which the remaining balance of
the unpaid bills, plus a two (2) percent service fee on the remaining balance,
is paid over six months. In addition, the customer must either pay the
reconnection fee provided in the utility tariff or in Rule 4.8.3., or, at the
customer's election, the utility will incorporate the applicable reconnection
fee into the amount to be paid pursuant to the deferred payment
agreement.
4.8.2.b.5. If, prior to
termination of service, the customer contacts the utility or the utility makes
Actual Personal Contact or Actual Telephone Contact with the customer, the
utility must inform the customer that if the customer (i) disputes any portion
of a bill, (ii) is being charged for service not rendered, (iii) believes that
any information resulting in the utility's decision to terminate is erroneous,
or (iv) in the case of a residential customer, the customer wishes to negotiate
a deferred payment agreement, then the utility will provide an opportunity to
the customer for a meeting to present the customer's dispute to a designated
employee, who is empowered to resolve the dispute and/or negotiate a deferred
payment agreement. The customer shall have the option of an in-person meeting
with the designated employee, which shall take place at the business office
nearest to the customer's residence or place of work, or a meeting by telephone
conference. The utility shall provide the customer with written notice of its
decision and the written notice shall advise the customer that the customer may
object to the utility decision by requesting assistance from, or filing a
formal complaint with, the Commission. Formal complaints are processed pursuant
to the Commission Rules of Practice and Procedure, 150 C.S.R. 1.
4.8.2.b.5.A. The utility may not terminate
service while any of the following is pending:
(i) a customer/utility meeting described in
Rule 4.8.2.b.5.,
(ii) a written
utility decision following a customer/utility meeting, and during the seven (7)
days after issuance of the utility decision,
(iii) a request for assistance to the Public
Service Commission, and during the seven (7) days after the Commission closes a
request for assistance, or
(iv) a
formal complaint before the Commission and for seven (7) days after issuance of
a final order unless the Commission orders otherwise. During the pendency of
negotiations with the utility or any process before the Commission, the
customer must pay the current bill for service rendered after the utility
mailed the P.S.C. W.Va. Form No. 14-E, to avoid termination. If the customer is
negotiating a disputed bill, the customer must pay the amount not in dispute
plus bills for current service.
4.8.2.b.6. Deferred Payment Agreement.
4.8.2.b.6.A. If a residential customer wishes
to negotiate a deferred payment agreement, the designated employee shall offer
the customer a standard deferred payment agreement.
4.8.2.b.6.B. A standard deferred payment
agreement will include a service fee equal to two percent (2%) of the
delinquency and a pay-off amount consisting of the delinquency balance and the
service fee, in twelve monthly payments. For example, a delinquency balance of
$1,176.47, would be assessed a service fee of two percent or $23.53, for a
total pay-off amount of $1,200, resulting in twelve monthly payments of $100 in
addition to current bills. If a residential customer desires a payment period
that is shorter than twelve (12) months, the utility shall accept the shorter
term. A utility may elect to use a standard deferred payment agreement that
does not include a two percent (2%) service fee provided it offers the same
no-service-fee plan to all residential customers in a tariff
provision.
4.8.2.b.6.C. If a
residential customer believes that the customer cannot afford the monthly
payments required under a standard deferred payment agreement, then the utility
and the customer may negotiate a non-standard deferred payment agreement. In
negotiating the non-standard deferred payment agreement, the parties will take
into consideration factors including, but not limited to: amount of the bill;
ability of the customer to pay; payment history; length of time that the debt
has been outstanding; reasons why the debt has been outstanding; and any other
relevant factors.
4.8.2.b.6.D.
Every deferred payment agreement with a residential customer shall include
language stating that the utility has informed the customer of the right to
request assistance or file a formal complaint with the Commission regarding the
reasonableness of the proposed payments.
4.8.2.b.6.E. A residential customer, who
requests to negotiate a non-standard deferred payment agreement because of the
customer's financial circumstances, may request assistance or file a formal
complaint if the utility does not agree to the terms for the non-standard
deferred payment agreement.
4.8.2.b.6.F. If negotiations for a
non-standard deferred payment agreement with the utility or pursuant to a
request for assistance fail, then the customer shall have seven (7) days from
the date that negotiations end to elect to enter into a standard deferred
payment agreement. If the customer does not elect the standard deferred payment
agreement before the expiration of the seven (7) days, then the utility may
terminate service without further notice.
4.8.2.b.6.G. After a deferred payment
agreement has been established, if the customer's financial condition
significantly changes and the existing deferred payment agreement works a
hardship, the utility shall renegotiate the deferred payment agreement. During
the renegotiation period, the customer must timely pay the current bill and
make some payment on the arrearage. The utility shall not be required to
renegotiate a deferred payment agreement due to a significant change in
financial circumstances more than once.
4.8.2.b.6.H. If a customer fails to make a
payment required by a deferred payment agreement, the utility may terminate
service only after it has mailed written notice to the customer by first class
mail, postmarked at least five (5) calendar days, excluding postal holidays,
prior to termination; provided, that at the option of the utility, either
Actual Personal Contact, Actual Telephone Contact, Automated Telephone Contact
or Electronic Communications Contact may be substituted for contact by first
class mail. If the customer makes the delinquent payment before the end of the
fifth calendar day following any notice listed above, service shall not be
terminated.
4.8.2.b.6.I. A utility
that terminates a customer for failure to comply with a deferred payment
agreement is not required to reconnect that customer unless the customer (i)
pays up-front a minimum of one-half of the total delinquency or other amount
ordered by the Commission, (ii) pays the deposit as provided in the utility
tariff, and (iii) enters into a new deferred payment agreement under which the
remaining balance of the prior deferred payment agreement will be paid over six
(6) months. In addition, the customer must either pay the reconnection fee
provided in the utility tariff or in Rule 4.8.3., or, at the customer's
election, the utility will incorporate the applicable reconnection fee into the
amount to be paid pursuant to the deferred payment agreement. The utility may
charge an additional one (1) percent service fee on the balance being deferred
by the new deferred payment agreement. If a customer's electric service has
been terminated two (2) times in a twelve (12)-month period for failure to
comply with a deferred payment agreement the utility has no obligation to offer
a deferred payment agreement to that customer until the delinquency has been
paid in full.
4.8.2.b.7.
If a customer fails to make a payment as ordered by the Commission in an
interim relief order, the utility may terminate service only after it has
mailed written notice to the customer by first class mail, postmarked at least
five (5) calendar days, excluding postal holidays, prior to termination;
provided, that at the option of the utility, Actual Personal Contact, Actual
Telephone Contact, Automated Telephone Contact or Electronic Communications
Contact may be substituted for contact by first class mail. If the customer
makes the delinquent payment before the end of the fifth calendar day following
any notice listed above, service shall not be terminated.
4.8.2.b.8. If a residential customer, or the
customer's agent, has requested that the utility contact a relative or
responsible third party prior to any termination or other material action on
the account, the utility shall provide all written notices regarding
termination to both the customer and the designated relative or responsible
third party. The utility shall provide the required personal contact notice to
the designated relative or responsible third party. The utility may, but is not
required to, provide personal contact notice to the customer.
4.8.2.b.9. Service shall not be discontinued
on a day:
4.8.2.b.9.A. on which the utility
or its designated agent is unable to accept payment and to negotiate a deferred
payment agreement;
4.8.2.b.9.B.
preceding a day on which the utility or its designated agent is unable to
accept payment and to negotiate a deferred payment agreement;
4.8.2.b.9.C. that the National Weather
Service predicts the temperature to be thirty-two (32) degrees or colder at or
near the customer's service location.
4.8.2.b.9.D. that is a Friday, Saturday,
Sunday or legal holiday.
4.8.2.b.10. Service shall not be discontinued
earlier than 8:00 a.m. or later than 4:00 p.m.
4.8.2.b.11. Service shall be reinstated as
soon as possible and no more than eight (8) hours after receipt of payment,
unless the customer has elected a later reconnection time to avoid a higher
reconnection fee.
4.8.2.b.12. The
utility may, but is not required to accept payment at the customer's premises
in lieu of discontinuing service. The utility must suspend the disconnection
process if the customer shows proof of payment. If the utility suspends
disconnection because the customer shows proof of payment and that payment is
later dishonored by the customer's bank, the utility may resume the
disconnection process only after it has mailed written notice to the customer
by first class mail, postmarked at least five (5) calendar days, excluding
postal holidays, prior to termination; provided, that at the option of the
utility, either Actual Personal Contact, Actual Telephone Contact, Automated
Telephone Contact or Electronic Communications Contact may be substituted for
contact by first class mail. If the customer makes the required payment before
the end of the fifth calendar day following any notice listed above, service
shall not be terminated.
4.8.2.b.13. If the customer of record
responsible for payment of a utility bill is:
(i) a landlord of a master metered apartment
building, motel, hotel, or other multiple unit dwelling, or
(ii) a third party who is a non-resident of
the single service location, then written notice of termination, using Form
14-ME, shall be posted at least five (5) days prior to the scheduled
termination. The notice for a master metered multiple unit dwelling shall be
placed in a conspicuous common area at a location readily available for public
inspection. Whenever possible, copies shall also be posted on the main doors of
each dwelling in the facility. The notice for single unit dwellings occupied by
third parties shall be placed on the main door of the dwelling.
4.8.2.b.14. If after making three
(3) attempts at personal contact with a residential customer in conformance
with Rule 4.8.2.b.2.B., the utility is unable to make Actual Personal Contact,
Actual Telephone Contact, Automated Telephone Contact or Electronic
Communications Contact, the utility is required to file a verified
certification with the Commission within five (5) business days of termination
of utility service:
4.8.2.b.14.A. certifying
the utility attempted to make personal contact as required by these Rules,
including making a premises visit, or if no premises visit is made, certifying
that the customer or member of the household:
4.8.2.b.14.A.1. has been verbally or
physically aggressive or abusive to employees;
4.8.2.b.14.A.2. has threatened employees with
vicious animals, or
4.8.2.b.14.A.3.
has brandished or made reference to weapons;
4.8.2.b.14.B. indicating whether a Certified
Health Condition or Seasonal Time Period gave rise to the requirement to make
three attempts at personal contact;
4.8.2.b.14.C. certifying the date utility
service was terminated.
4.8.2.b.14.D. certifying that the termination
was in compliance with these Rules, including Rule
4.8.2.b.9.
4.8.2.b.15. A
bill which has been found to be contractually uncollectible by a court of
competent jurisdiction or could reasonably be found to be uncollectible by
reason of the statute of limitations shall not be used by a utility to deny or
discontinue service.
4.8.3. Charge for reconnection -- Whenever
utility service is terminated pursuant to Rule 4.8.2. above, the utility may
make a charge of five dollars ($5.00) for reconnection of service, unless
otherwise provided in an effective tariff on file with the Commission. If the
customer and the utility enter into a deferred payment agreement, the customer
must pay the reconnection fee provided in the utility tariff, the five dollars
($5.00), or, at the customer's election, the utility will incorporate the
applicable reconnection fee into the amount to be paid pursuant to the deferred
payment agreement.
4.8.4. The
utility shall not refuse, deny, or discontinue service to an applicant or
present customer due to a delinquency in payment for service by a previous
occupant of the premises to be served unless such applicant or present customer
and such previous occupant are members of the same household and were members
of the same household at the time the delinquent bill was incurred.
4.8.5. The Commission may waive the
application of any provision of this rule if it is demonstrated that the
operation of any such provision will result in an undue hardship to the utility
or the customer. This provision is to be invoked only in exceptional cases and
shall not be used to attempt to gain a general waiver of the application of the
entire rule by either the utility company or the customer.
4.9. Refusal to serve applicant.
4.9.1. Non-compliance with rules and
regulations -- Any utility may decline to serve an applicant until he has
complied with the State and Municipal regulations governing electric service
and the approved rules and regulations of the utility.
4.9.2. Applicant's facilities inadequate --
The utility may decline to serve an applicant if, in its judgment, the
applicant's installation of wiring or electrical energy consuming equipment is
regarded as hazardous or of such character that satisfactory service cannot be
given; however, in no event shall the utility be under any obligation to
inspect the wiring or appliances of the customer.
4.9.3. Applicant's recourse -- In the event
that the utility shall refuse to serve an applicant under the provisions of
this rule, or any other rule incorporated herein, the utility must inform the
applicant of the basis of its refusal, and that the applicant may appeal to the
Commission for decision.
4.10.
Change in character of service -- Prior to making any substantial change in the
character of service furnished to any customer, which would affect the
efficiency of operation, adjustment, or speed of the equipment or appliances of
any customer, the utility shall notify any customer who may be affected. No
change in the character of service being rendered may be made, on account of
which an expense may be incurred by an existing customer, unless an agreement
is secured from such customer and the customer has been given an explanation or
documentation of how the costs may be incurred and allotted.
4.11. Access to property.
4.11.1. The utility shall at all reasonable
times have access to meters, service connections and other property owned by it
on customer's premises, for the purpose of maintenance and operation. Neglect
or refusal on the part of customers to provide the utility reasonable access to
its meters, service connections, and other property for the above purposes
shall be deemed to be sufficient cause for discontinuance of service on the
part of the utility.
4.11.2.
Identification of employees -- Every employee, whose duties regularly require
him to enter the homes of customers shall wear a distinguishing uniform or
insignia, and shall carry on his person an identification card, which will
identify him as an employee of the utility. The identification card shall
contain a photograph of the employee and the telephone number of the utility as
well as other pertinent information necessary to identify the employee. All
other employees, whose duties require occasional entry into the homes or
premises of customers shall carry an identification card containing the
information herein required.
4.12. Service interruptions.
4.12.1. Record -- Each utility shall keep a
record of Sustained Interruptions of service. These records shall include: the
date and time of the interruption, the duration of the interruption, the number
of customers interrupted, the substation identifier, and the line or feeder
identifier. Records of Major Events shall also be maintained. Utilities shall
maintain such records for a minimum of five years.
4.12.2. Notice required -- Insofar as is
practical, every customer affected shall be notified in advance of any planned
work which will result in interruption of service expected to last two (2)
hours or longer, but such notice shall not be required in case of interruption
due to emergencies, accidents, acts of God, public enemies, or strikes, which
are beyond the control of the utility.
4.13. Sale of electric energy -- No utility
shall sell electric energy to any customer except at the rates shown in the
tariff or contract of the company filed with the Commission for the class of
service furnished.
4.14. Resale of
electric energy -- Electric energy shall not be furnished by a public utility
to any customer for resale, unless the customer is engaged in the business of
distributing electric energy as a public utility.
4.15. Residential conservation service
program.
4.15.1. A public utility subject to
the jurisdiction of this Commission and to which Part 1, Title II of the
National Energy Conservation Policy Act ( Pub. L. 95-619, 92 Stat. 3206 et
seq.), as amended by the Energy Security Act ( Pub. L. 96-294, 94 Stat. 611 et
seq.) (hereinafter NECPA), if applicable may recover reasonable costs
associated with the implementation of the utility program under NECPA in the
following manner:
4.15.1.a. All amounts
expended by a public utility for providing information under subsection (a),
Section 215 of NECPA are to be treated as a current expense of providing
utility service and charged to all ratepayers of such utility in the same
manner as current operating expenses of providing utility service.
4.15.1.b. All amounts expended by a public
utility to carry out subsection (b), Section 215 of NECPA, by conducting or
causing to be conducted a Class A Energy audit, for a particular residential
customer may be recovered directly from the residential customer for whom the
activities are performed: Provided, That the amount recovered from said
residential customer for whom the Class A Energy audit described in subsection
(b) is performed shall not exceed a total of fifteen dollars ($15.00) per
dwelling unit or the actual cost of such activities, whichever is
less.
4.15.1.c. All amounts
expended by a public utility to carry out subsection (b), Section 215 of NECPA,
including a Class B Energy audit, which are not recovered directly from the
residential customer for whom a Class B Energy audit or the activities
described in said subsection (b) are performed, and all administrative and
general costs incurred by a public utility in carrying out a utility program
under NECPA, including Class B Energy audits, may be recovered by the utility
as a current expense of providing utility service and charged to all ratepayers
of such utility in the same manner as current operating expenses of providing
utility service.
4.15.1.d. All
amounts expended by a public utility for labor and materials for the purchase
or installation of any residential energy conservation measure under Section
215 of NECPA shall be recovered from the residential customer for whom such
purchase or installation is performed.
4.16. Reduced rates for low income
residential customers.
4.16.1. Tariff
filings.
4.16.1.a. Within fifteen (15) days
of the adoption of this rule, every public utility, other than a municipality
or cooperative electric utility, which provides electric service to residential
customers within the State of West Virginia subject to regulation by the
Commission shall submit new tariff sheets, or an amendment or rider to its
existing tariff sheets, to the Commission for its approval. Each utility's new
tariff sheets, or amendments or rider to existing tariff sheets, shall contain
a new Special Reduced Rate Residential Service rate schedule ("SRRRS rate
schedule"), or Special Reduced Rate Residential Service amendment or rider
("SRRRS amendment or rider"), applicable to electric service provided during
the billing months of December, January, February, March, and April to
residential customers who qualify for special reduced rates under the
provisions of W. Va. Code §
24-2A-1:
Provided, however, That a public utility shall not be required to file new
tariff sheets under this rule if the utility has submitted new tariff sheets,
or an amendment or rider to its existing tariff sheets since April 4, 1984,
which contain new Special Reduced Rate Residential Service rate applicable to
the billing months of December, January, February, March and April, and said
tariffs have been approved by the Commission and are consistent with provisions
of this rule.
4.16.1.b. The rate(s)
charged for service under each SRRRS rate schedule, or amendment or rider, of a
utility shall be twenty percent (20%) less than the rate(s) charged for the
same service under that utility's standard residential rates. This twenty
percent (20%) discount shall apply to customer charges, minimum charges, usage
charges, and any charges based on usage during the specified billing month(s)
for which customers are eligible to receive the special reduced rates. If a
customer is eligible to receive service under an SRRRS rate schedule and the
customer is paying bills in accordance with the utility's budget payment plan,
the customer shall be credited during any billing month for which the customer
is eligible for the special reduced rates with the twenty percent (20%)
discount based on the customer's actual usage during that billing month,
regardless of the amount of the customer's budget payment plan bill.
4.16.1.c. The terms and conditions of service
under each SRRRS rate schedule, or amendment or rider, offered by a utility
shall comply with all relevant requirements and conditions set forth in W. Va.
Code §
24-2A-1,
insofar as such requirements and conditions are applicable, and shall conform
in all other respects to the terms and conditions under the utility's standard
residential rate schedule.
4.161.d.
Each utility required to offer special reduced rates under W. Va. Code §
24-2A-1
shall maintain tariff sheets, or amendments or riders to existing tariffs,
which contain Commission-approved SRRRS rate schedules, amendments or riders.
No modification may be made to such tariffs, amendments or riders without prior
Commission consent.
4.16.2. Utility's responsibility upon
application for special reduced rate -- Each utility offering special reduced
rates shall accept applications for service under such rates from:
4.16.2.a. any current customer, and
4.16.2.b. any person who subsequently becomes
a customer in his/her own right who makes such application in accordance with
rules adopted by the West Virginia Department of Human Services pursuant to W.
Va. Code §
24-2A-1(b).
However, if an SSI, AFDC, AFDC-U or food stamp recipient is living in a
household which is served under the name of a person living in that household
who is not an SSI, AFDC, AFDC-U or food stamp recipient, that service may not
be changed subsequent to March 12, 1983, to the name of the SSI, AFDC, AFDC-U
or food stamp recipient in order to qualify for service under the special
reduced rates: Provided, That nothing in this section shall cause a utility to
deny extension of special reduced rates to any customer on the basis that the
customer is not a recipient of aid under any eligible program when said
customer is:
4.16.2.b.1. A member of the
support group or payment group receiving aid under AFDC or AFDC-U, as
determined by the Department of Human Services; or
4.16.2.b.2. A member of the support group or
payment group receiving food stamps, as determined by the Department of Human
Services, and is over sixty (60) years of age; or
4.16.2.b.3. The spouse of a person who is
over sixty (60) years of age and a recipient of food stamps; or
4.16.2.b.4. The spouse of a person who
receives Social Security Supplemental Security Income (SSI), or
4.16.2.b.5. Otherwise determined to be
eligible to receive such special reduced rates.
4.16.2.c. For the purpose of applying special
reduced rates under W. Va. Code §§
24-2A-1,
et seq., a person shall be determined to be a customer of a utility if the
person is a member of a household receiving electric service and such service
is provided in that person's name. However, if the person in whose name
electric service is provided is verified to no longer be a member of the
household for reasons which include death or divorce, the customer shall be
determined to be any person residing in the household receiving electric
service who could be held to be legally accountable or is considered by the
utility to be responsible for all or a portion of the utility bill.
Verification that the person in whose name service is provided is no longer a
member of the household shall be provided by presentation of a death
certificate, divorce papers or other reliable documentation or by verification
from the Department of Human Services.
4.16.2.d. Each utility offering special
reduced rates shall maintain documentation regarding the resolution of
individual applications for special reduced rates. The information contained in
said records shall include names, addresses or other information which
adequately identifies the applicant, the date on which the individual
application was tendered to the utility, and the utility's determination with
respect to the application.
4.16.2.e. After any period (including a
period during which special reduced rates are not in effect) during which a
customer does not receive service under an SRRRS rate schedule, or amendment or
rider, that customer must reapply in order to receive service under such a rate
schedule, or amendment or rider.
4.16.3. Provision of service under special
reduced rate.
4.16.3.a. In determining whether
an applicant is eligible to receive special reduced rates, a utility is
entitled to rely on the information which is provided to it directly or
indirectly by the West Virginia Department of Human Services.
4.16.3.b. Each utility offering special
reduced rates shall use due diligence to reflect charges thereunder on the
bills it renders to customers entitled to service under such rates. However, no
utility shall be required to alter the timing of its meter-reading or billing
schedules, but may make adjustment to subsequent bills to correct billing
errors or to reflect the effects of a customer beginning, continuing, or
ceasing to be entitled to receive service under the special reduced
rates.
4.16.4.
Certification of deficiency -- Once a year, beginning in the year 1984, each
utility offering special reduced rates may make application to the Commission
for a determination and certification of the revenue deficiency which it has
experienced as a result of offering service under the special reduced rates
instead of under the utility's standard residential rates. Each such
application should contain sufficient information to enable the Commission to
determine the revenue deficiency experienced by the utility making the
application. This information shall include a comprehensive monthly report of
the utility's disposition of the applications received and the resulting
revenue deficiency for each month by completion of attached PSC WVA Form 214.6A
and a summary report for the entire certification period by completion of
attached PSC WVA Form 214.6. All information submitted for determination and
certification of a utility's revenue deficiency shall be verified by the
utility to be true and accurate to the best of its knowledge and information.
Each determination and certification of a revenue deficiency shall be issued in
the form of a final order.
4.16.5.
Notice to customers.
4.16.5.a. It shall be
the responsibility of the utilities to adopt policies for providing notice to
their customers of the availability of and advantages of the discount
program.
4.16.5.b. The utilities
shall be required to provide notice to their customers at least once each fall
prior to the winter heating season, concerning the availability of the discount
program.
4.16.5.c. The notice shall
state in bold face type that the customer must reapply each year to obtain the
discount program benefit.
4.17. Notice to landowners of right-of-way
clearing activity.
4.17.1. Authority -- The
provisions of Rule 4.17. are promulgated under the authority and requirements
of W. Va. Code §
61-3-48.
These provisions do not apply to the aerial application of
herbicides.
4.17.2. Definitions --
As used in Rule 4.17., the term:
4.17.2.a.
"Written permission" means the permission of a landowner to a public utility to
perform right-of-way clearing or maintenance pursuant to a contract with the
landowner or his or her predecessor in title, such as an easement, franchise,
permit, or by other operation of law.
4.17.2.b. "Right-of-way clearing or
maintenance" means to cut down, trim, and/or otherwise control, or to cause to
be cut down, trimmed, and otherwise controlled trees and other
vegetation.
4.17.2.c. "Routine"
means planned or scheduled in the normal course of operation.
4.17.2.d. "Sudden emergency" means a
condition endangering persons or property of a landowner, an occupant of land,
a public utility or the general public, as well as a condition endangering the
provision of utility service.
4.17.2.e. "Reasonable notice" means:
4.17.2.e.1. In the case of routine
right-of-way clearing or maintenance, personal contact with the owner of the
property on which such clearing or maintenance is to be performed: Provided,
That should such personal contact not be possible due to lack of structures for
habitation on the property or unavailability, those properties shall be
included in a Class I legal advertisement in a newspaper of general circulation
in the county to be affected by the clearing or maintenance; or
4.17.2.e.2. In the case of right-of-way
clearing or maintenance resulting from a sudden emergency, the utility shall
issue a news release. After the sudden emergency is over and the necessary
clearing is complete, the utility shall publish the notice regarding the
properties in a Class I legal advertisement in a newspaper of general
circulation in the county where the property is located.
4.17.2.f. "Personal contact" means, at least
seven (7) business days prior to the scheduled-clearing or maintenance, an
attempt will be made to contact the property owner or tenant by telephone or in
person. Should the attempt be unsuccessful, a door hanger or similar type of
written notice will be left at the residence which contains the information
detailed in Rule 4.17.3. A second personal contact attempt will be made prior
to the start of work. Should contact made be with a tenant, the utility shall
either actually contact the owner before beginning work or publish the notice
regarding the property as discussed in Rule 4.17.2.e.1.
4.17.3. Notice in case of written permission
-- If an employee, agent or contractor of a public utility has written
permission to perform right-of-way clearing or maintenance, the employee, agent
or contractor shall provide the landowner with reasonable notice which shall
include:
4.17.3.a. A description of the
area(s) in which the right-of-way clearing or maintenance is
performed;
4.17.3.b. An approximate
schedule of work;
4.17.3.c. A
description of the type(s) of work to be performed, including but not limited
to tree trimming, tree removal, brush cutting, herbicide application, growth
regulation, slash disposition;
4.17.3.d. A general description of clearances
required or rights-of-way widths to be maintained; and
4.17.3.e. The name and telephone number of a
contact person at the utility.
4.18. Registry of electric customers on life
support, notification prior to scheduled outages, and priority of service
restoration.
4.18.1. Each utility shall
establish and maintain a registry of persons within their service areas that
are dependent upon life support systems which require electric service to
function.
4.18.2. The registry will
be updated by the utility at least every six months.
4.18.3. Each utility shall inform all new
customers of the registry and its purpose.
4.18.4. Each utility will provide a
reasonable notice of planned power outages to each affected residence or
customer on the registry.
4.18.5.
To the extent practical given the scope and nature of a power outage, each
utility shall organize service restoration to give priority to customers listed
on the registry.
4.18.6. For
purposes of this rule, the term "life support system" means a kidney dialysis
machine, mechanical ventilation device or other medical device, the use of
which is prescribed by a licensed physician and upon the request of the
patient, is certified by the physician in writing to the electric utility as
necessary to sustain critical body functions and without which a person is in
imminent risk of death.
Disclaimer: These regulations may not be the most recent version. West Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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