[39 Pa.B. 925]
[Saturday, February 14, 2009]
[Continued from previous Web Page]
PAYMENT OF BILLS PENDING RESOLUTION OF DISPUTES AND COMPLAINTS § 56.411. Duties of parties; disputing party's duty to pay undisputed portion of bills; utility's duty to pay interest whenever overpayment found.
Pending resolution of a dispute, including a termination dispute, the disputing party shall be required to pay the undisputed portion of bills, as described in this section.
(1) Pending informal complaint. Pending the outcome of an informal complaint, the disputing party shall be obligated to pay that portion of a bill which is not honestly disputed. An amount ultimately determined, by the parties or the Commission, to have been validly due but not paid may be paid with interest at the tariff rate filed under § 56.272 (relating to accrual of late payment charges) except when interest charges have been reduced or eliminated by the parties or the Commission to facilitate payment by the disputing party.
(2) Pending formal complaint. Prior to the hearing on a formal complaint or prior to the issuance of a Commission order when no hearing is to be held in a formal complaint proceeding, the customer shall be required to pay that amount which the consumer services representative determines is not reasonably disputed.
(3) Overpayments reimbursed with interest. An amount ultimately determined to have been overpaid by the disputing party shall be reimbursed with interest at the tariff rate filed under § 56.272.
(4) Effect of offer of payment. An offer by a customer to pay all or any portion of a bill may not be deemed a waiver of a right to reimbursement for amounts subsequently deemed, by the parties or the Commission, to have been overpaid.
(5) Effect of acceptance of partial payment. The acceptance by a utility of a partial payment for a bill pending final outcome of a dispute may not be deemed an accord and satisfaction or waiver of the right of the utility to payment in full as subsequently agreed to by the parties or decided by the Commission.
Subchapter R. RESTORATION OF SERVICE Sec.
56.421. General rule. 56.422. Personnel available to restore service. § 56.421. General rule.
When service to a dwelling has been terminated, the utility shall reconnect service by the end of the first full working day after receiving one of the following:
(1) Full payment of an outstanding charge plus a reasonable reconnection fee. Outstanding charges and the reconnection fee may be amortized over a reasonable period of time. Factors to be taken into account include, but are not limited to:
(i) The size of the unpaid balance.
(ii) The ability of the customer to pay.
(iii) The payment history of the customer.
(iv) The length of time over which the bill accumulated.
(2) Payment of amounts currently due according to an informal dispute settlement agreement or payment agreement, plus a reasonable reconnection fee, which may be a part of the informal dispute settlement agreement or payment agreement. The utility may apply the procedure in paragraph (1), if the payment history indicates that the customer has defaulted on at least two payment agreements, or an informal complaint decision, or a formal complaint order.
(3) Adequate assurances that any unauthorized use or practice will cease, plus full payment of the reasonable reconnection fee of the utility, which may be subject to a payment agreement and compliance or adequate assurance of compliance with an applicable provision for the establishment of credit or the posting of deposits or guarantees.
(4) Service shall be restored within 24 hours for erroneous terminations or upon receipt by the utility of a valid medical certification. Erroneous terminations include instances when the grounds for termination were removed by the customer paying the amount needed to avoid termination prior to the termination of the service.
(5) Service shall be restored within 24 hours for terminations and reconnections occurring after November 30 and before April 1.
§ 56.422. Personnel available to restore service.
A utility shall have adequate personnel available between 9 a.m. and 5 p.m. on each working day or for a commensurate period of 8 consecutive hours to restore service when required under this chapter, specifically §§ 56.322 and 56.421 (relating to days termination of service is prohibited; and general rule).
Subchapter S. PUBLIC INFORMATION PROCEDURES; RECORD MAINTENANCE Sec.
56.431. Public information. 56.432. Record maintenance. § 56.431. Public information.
In addition to the notice requirements in this chapter, the Commission will, within 6 months of the effective date of a change to a regulation in this chapter, prepare a summary of the rights and responsibilities of the utility and its customers affected by the change. Summaries will be mailed by the utility to each customer of the utility affected by the change. These summaries, as well as a summary of the rights and responsibilities of the utility and its customers in accordance with this chapter, must be in writing, be reproduced by the utility, be displayed prominently, and be available at all utility office locations open to the general public. This information shall be delivered or mailed to each new customer of the utility upon the commencement of service and shall be available at all times upon request. A utility which serves a substantial number of Spanish-speaking customers shall provide billing information in English and in Spanish. The written information must indicate conspicuously that it is being provided in accordance with this title and contain information concerning, but not limited to, the following:
(1) Billing and estimated billing procedures.
(2) Methods for customer verification of billing accuracy.
(3) Explanation of operation of fuel adjustment clauses and purchased gas adjustment clauses.
(4) Payment requirements and procedures.
(5) Security deposit and guarantee requirements.
(6) Procedures for discontinuance and reconnection of service.
(7) Dispute, informal complaint and formal complaint procedures.
(8) Explanation of meter reading procedures which would enable a customer or occupant to read their own meter.
(9) Procedure whereby customers or occupants may avoid discontinuance of service during extended periods of absence.
(10) Third-party notification procedures.
(11) Telephone numbers and addresses of the utility and of the nearest regional office of the Commission where further inquiries may be made.
(12) Definitions of terms or abbreviations used by the utility on its bills.
(13) Information indicating that additional consumer protections are available for victims of domestic violence.
§ 56.432. Record maintenance.
A utility shall preserve for a minimum of 4 years written or recorded disputes and complaints, keep the records within this Commonwealth at an office located in the territory served by it, and make the records available for examination by the Commission or its staff. Information to be maintained includes the following:
(1) The payment performance of each of its customers.
(2) The number of informal dispute settlement agreements and payment agreements made by the utility company and a synopsis of the terms, conditions and standards upon which agreements were made.
(3) The number of service terminations and reconnections.
(4) Communications to or from individual customers regarding interruptions, discontinuances, terminations and reconnections of service, including the name and address of the customer, the date and character of the dispute or complaint and the adjustment or disposal made of the matter.
Subchapter T. INFORMAL COMPLAINTS Sec.
56.441. Informal complaints. § 56.441. Informal complaints.
The Commission delegates to the Bureau of Consumer Services (BCS) the primary authority to resolve customer, applicant or occupant complaints arising under this chapter. The BCS, through its Director and with the concurrence of the Commission, will establish appropriate internal procedures to implement the provisions of this chapter.
(1) Absent good cause, the BCS will handle only Chapter 56 informal complaints in which the customer first attempted to resolve the matter with the utility.
(2) Only after the customer and the utility have failed to resolve the dispute will BCS initiate an investigation.
Subchapter U. GENERAL PROVISIONS Sec.
56.451. Availability of normal Commission procedures. 56.452. Applications for modification or exception. 56.453. Inconsistent tariff provisions. § 56.451. Availability of normal Commission procedures.
Nothing in this chapter prevents a person or a utility from pursuing other Commission procedures in a case not described in this chapter.
§ 56.452. Applications for modification or exception.
(a) If unreasonable hardship to a person or to a utility results from compliance with a section in this chapter, application may be made to the Commission for modification of the section or for temporary exemption from its requirements. The adoption of this chapter by the Commission will in no way preclude it from altering or amending it under the applicable statutory procedures, nor will the adoption of this chapter preclude the Commission from granting temporary exemptions in exceptional cases.
(b) A person or utility that files an application under this section shall provide notice to persons who may be affected by the modification or temporary exemption. Notice may be made by a bill insert or in another reasonable manner.
§ 56.453. Inconsistent tariff provisions.
A tariff provision inconsistent with this chapter is deemed nonoperative and superseded by this chapter.
Subchapter V. UTILITY REPORTING REQUIREMENTS Sec.
56.461. Reporting requirements. § 56.461. Reporting requirements.
(a) Within 90 days after the end of each calendar year, each natural gas distribution utility with annual gas operating revenues of less than $6,000,000 per year, and steam heat utility shall file with the Commission a report containing the following information concerning residential accounts for the previous year:
(1) The total number of residential customers as of the end of each month for the calendar year.
(2) The total number of terminations for nonpayment for each month of the calendar year.
(3) The total number of terminations for reasons other than nonpayment for each month of the calendar year.
(4) The total number of reconnections for customer payment for each month of the calendar year.
(5) The total number of reconnections for customer submission of medical certification for each month of the calendar year.
(6) The total number of reconnections for reasons other than customer payment or medical certification for each month of the calendar year.
(7) The total dollar amount of annual residential billings.
(8) The total dollar amount of annual gross residential write-offs.
(b) Public utilities shall refer to the data dictionary in Appendix D (relating to definitions (§ 56.461)) for additional guidance as to the terms used in this section.
APPENDIX A
MEDICAL EMERGENCY NOTICE If you, or anyone presently and normally living in your home is SERIOUSLY ILL OR AFFLICTED WITH A MEDICAL CONDITION THAT WILL BE AGGRAVATED BY CESSATION OF SERVICE, WE WILL NOT CUT OFF YOUR SERVICE during such illness provided you:
(a) Have a physician or nurse practitioner certify by phone or in writing that such illness exists and that it may be aggravated if your service is stopped; and
(b) Make some equitable arrangement to pay the company your past due and current bills for service.
(c) Contact us by calling the following number:
(Utility) Phone Number:
(Utility) Address:
APPENDIX B
MEDICAL EMERGENCY NOTICE If you, or anyone presently and normally living in your home is SERIOUSLY ILL OR AFFLICTED WITH A MEDICAL CONDITION THAT WILL BE AGGRAVATED BY CESSATION OF SERVICE, WE WILL RESTORE YOUR [GAS OR ELECTRIC] UTILITY SERVICE during such illness provided you:
(a) Have a physician or nurse practitioner certify by phone or in writing that such illness exists and that it may be aggravated if your service is not restored; and
(b) Make some equitable arrangement to pay the company your past due and current bills for service.
(c) Contact us by calling the following number:
(Utility) Phone Number:
(Utility) Address:
(Editors Note: The following two appendices are new and are printed in regular text for clarify.)
(Editor's Note: The text in Appendix C is new. It has been printed in regular type to enhance readability.)
APPENDIX C
Definitions (§ 56.231) This data dictionary and the following definitions are to be used in relation to the reporting requirements in § 56.231 (relating to reporting requirements).
Annual collections operating expenses--Use the definition in §§ 54.72 or 62.2, ''include administrative expenses associated with termination activity, field visits, negotiating payment arrangements, budget counseling, investigation and resolving informal and formal complaints associated with payment arrangements, securing and maintaining deposits, tracking delinquent accounts, collection agencies' expenses, litigation expenses other than already included, dunning expenses and winter survey expenses.'' Report the cumulative total as of the end of the reporting period/year. Exclude customer assistance program expenses.
Annual residential billings--Report the cumulative total dollar amount in residential billings during the reporting period/year. This includes ''normal tariff billings'' and ''miscellaneous billings.'' The latter category includes billings for late payment fees.
Average monthly bill for the previous year for a heating customer--Report the aggregate average monthly bill by calculating the average of the 12 monthly average bills for heating customers. Report the average as of the end of the reporting period/year.
Average monthly bill for the previous year for a nonheating customer--Report the aggregate average monthly bill by calculating the average of the 12 monthly average bills for nonheating customers. Report the average as of the end of the reporting period/year.
Average monthly usage for a heating customer--Report the aggregate average monthly usage by calculating the average of the 12 monthly average usages for heating customers. Report the average as of the end of the reporting period/year.
Average monthly usage for a nonheating customer--Report the aggregate average monthly usage by calculating the average of the twelve monthly average usages for nonheating customers. Report the average as of the end of the reporting period/year.
Total dollar amount of active residential accounts in arrears and not on a payment agreement--Report the total dollar amount as of the end of the reporting period/month. The due date should be considered to be day zero (0) in the determination of when account is overdue. Exclude customer assistance program recipients.
Total dollar amount of active residential accounts in arrears and on a payment agreement--Report the total dollar amount as of the end of the reporting period/month. The due date should be considered to be day zero (0) in the determination of when account is overdue. Exclude customer assistance program recipients.
Total dollar amount of gross residential write-offs--Report the cumulative total dollar amount as of the end of the reporting period/year. Do not include customer assistance program credits (revenue shortfall) or customer assistance program arrearage forgiveness in this category.
Total dollar amount of inactive residential accounts in arrears--An account that has been terminated or discontinued, the final bill due date has passed, and the amount owed has not yet been written off. Report the total dollar amount as of the end of the reporting period/month. The due date should be considered to be day zero (0) in the determination of when an account is overdue. A terminated or final-billed account becomes inactive on the day after the final bill is due and payable.
Total dollar amount of net residential write-offs--Net write-offs are calculated by subtracting recoveries from gross write-offs. Report the cumulative total dollar amount as of the end of the reporting period/year.
Total dollar amount in security deposits on-hand--Report the dollar amount as of the end of the reporting period/year. Exclude accrued interest.
Total dollar amount in security deposits that are requested or billed to applicants--Report the cumulative total dollar amount as of the end of the reporting period/month.
Total dollar amount in security deposits that are requested or billed to customers--Report the cumulative total dollar amount as of the end of the reporting period/month.
Total number of active residential accounts in arrears and not on a payment agreement--Report the total as of the end of the reporting period/month. The due date should be considered to be day zero (0) in the determination of when account is overdue. Exclude customer assistance program recipients.
Total number of active residential accounts in arrears and on a payment agreement--Report the total as of the end of the reporting period/month. The due date should be considered to be day zero (0) in the determination of when account is overdue. Exclude customer assistance program recipients.
Total number of applicants that are requested or billed a security deposit--Report the cumulative number as of the end of the reporting period/month.
Total number of customers that are requested or billed a security deposit--Report the cumulative number as of the end of the reporting period/month.
Total number of dwellings receiving termination notices sent to occupants other than the customer--The grounds for termination are customer nonpayment of usage-based billings or nonpayment of a security deposit. Use this category when the termination notice was delivered to someone other than the customer, for example, a termination notice to a tenant because of nonpayment of a landlord-ratepayer. This does not include copies of termination notices sent in accordance with the third-party notification procedures in § 56.131. Report the cumulative number as of the end of the reporting period/month. Include customer assistance program recipients.
Total number of 48-hour termination notices posted--The grounds for termination are customer nonpayment of usage-based billings or nonpayment of a security deposit. Report the cumulative number as of the end of the reporting period/month. Include customer assistance program recipients. The termination notice was posted at the customer's residence in accordance with § 56.95.
Total number of inactive residential accounts in arrears--An account that has been terminated or discontinued, the final bill due date has passed, and the amount owed has not yet been written off. Report the total as of the end of the reporting period/month. The due date should be considered to be day zero (0) in the determination of when an account is overdue. A terminated or final-billed account becomes inactive on the day after the final bill is due and payable.
Total number of reconnections for customer submission of medical certification--Includes only reconnections because the customer has supplied the company with a valid medical certificate as the condition of reconnection. Report the cumulative number as of the end of the reporting period/month. Categorize into five groups based upon the customer's relation to the Federal poverty guidelines: less than 150% of the Federal poverty guideline; between 151--250% of the Federal poverty guideline; between 251--300% of the Federal poverty guideline; greater than 300% of the Federal poverty guideline; and not available. Include customer assistance program recipients.
Total number of reconnections for full customer payment--A reconnection is any residential account that was terminated for any reason covered under §§ 56.81 or 56.98 and subsequently restored after the customer paid in full the outstanding balance of the account, regardless of whether the customer's current status is that of applicant or customer per the definitions in § 56.2. Four criteria must be met: the reconnection is for the same customer/applicant that was terminated; the location of the reconnection is the same location as the location of the termination; the dollars in debt that are the subject of the customer payment and/or customer payment agreement are for the same customer/applicant while at the same location; and the time that has passed since the final bill due date does not exceed 4 years. Report the cumulative number as of the end of the reporting period/month. Categorize into five groups based upon the customer's relation to the Federal poverty guidelines: less than 150% of the Federal poverty guideline; between 151--250% of the Federal poverty guideline; between 251--300% of the Federal poverty guideline; greater than 300% of the Federal poverty guideline; and not available. Include customer assistance program recipients.
Total number of reconnections for partial customer payment or payment agreement--A reconnection is any residential account that was terminated for any reason covered under §§ 56.81 or 56.98 and subsequently restored after meeting the utility's terms for restoration if the terms for restoration included a customer payment and/or the establishment of a payment agreement, regardless of whether the customer's current status is that of applicant or customer per the definitions in § 56.2. Four criteria must be met: the reconnection is for the same customer/applicant that was terminated; the location of the reconnection is the same location as the location of the termination; the dollars in debt that are the subject of the customer payment or customer payment agreement, or both, are for the same customer/applicant while at the same location; and the time that has passed since the final bill due date does not exceed 4 years. Report the cumulative number as of the end of the reporting period/month. Categorize into five groups based upon the customer's relation to the Federal poverty guidelines: less than 150% of the Federal poverty guideline; between 151--250% of the Federal poverty guideline; between 251--300% of the Federal poverty guideline; greater than 300% of the Federal poverty guideline; and not available. Include customer assistance program recipients.
Total number of reconnections for reasons other than customer payment or medical certification--Report the cumulative number as of the end of the reporting period/month. Categorize into five groups based upon the customer's relation to the Federal poverty guidelines: less than 150% of the Federal poverty guideline; between 151--250% of the Federal poverty guideline; between 251--300% of the Federal poverty guideline; greater than 300% of the Federal poverty guideline; and not available. Include customer assistance program recipients.
Total number of residential heating customers--Report the number as of the end of the reporting period/month. Report each individually billed account under a unique residential account number and residential tariff rate (Count the number of residential bills that you issue). Include customer assistance program recipients.
Total number of residential nonheating customers--Report the number as of the end of the reporting period/month. Report each individually billed account under a unique residential account number and residential tariff rate (Count the number of residential bills that you issue). Include customer assistance program recipients.
Total number of security deposits on-hand--Report the number as of the end of the reporting period/year.
Total number of 10-day termination notices issued by the utility--The grounds for termination are customer nonpayment of usage-based billings or nonpayment of a security deposit. Report the cumulative number as of the end of the reporting period/month. Include customer assistance program recipients.
Total number of terminations for nonpayment--The grounds for termination are customer nonpayment of usage-based billings or nonpayment of a security deposit. Report the cumulative number as of the end of the reporting period/month. Include customer assistance program recipients.
Total number of terminations for nonpayment and reasons other than nonpayment categorized by the first three digits of each account's postal code--The grounds for termination are customer nonpayment of usage-based billings or nonpayment of a security deposit, failure to permit access, unauthorized use of service, fraud, meter tampering, and safety. Report the cumulative number as of the end of the reporting period/month. Include customer assistance program recipients. Categorize by the first three digits of the postal code of the customer's service address.
Total number of terminations for reasons other than nonpayment--The reasons for termination include failure to permit access, unauthorized use of service, fraud, meter tampering, and safety. Report the cumulative number as of the end of the reporting period/month. Include customer assistance program recipients.
Total number of 3-day termination notices completed by personal contact in person--The grounds for termination are customer nonpayment of usage-based billings or nonpayment of a security deposit. Report the cumulative number as of the end of the reporting period/month. Include customer assistance program recipients. The customer was contacted in person in accordance with § 56.93.
Total number of 3-day termination notices completed by telephone--The grounds for termination are customer nonpayment of usage-based billings or nonpayment of a security deposit. Report the cumulative number as of the end of the reporting period/month. Include customer assistance program recipients. The customer was contacted using the telephone in accordance with § 56.93.
APPENDIX D
Definitions (§ 56.461) This data dictionary and the following definitions are to be used in relation to the reporting requirements in § 56.461 (relating to reporting requirements).
Annual residential billings--Report the cumulative total dollar amount in residential billings during the reporting period/year. This includes ''normal tariff billings'' and ''miscellaneous billings.'' The latter category includes billings for late payment fees.
Total dollar amount of gross residential write-offs--Report the cumulative total dollar amount as of the end of the reporting period/year. Do not include customer assistance program credits (revenue shortfall) or customer assistance program arrearage forgiveness in this category.
Total number of reconnections for customer payment--A reconnection is any residential account that was terminated for any reason covered under §§ 56.321 or 56.338 and subsequently restored after the customer paid in full the outstanding balance of the account, or made a partial payment or entered into a payment agreement regardless of whether the customer's current status is that of applicant or customer per the definitions in § 56.252. Four criteria must be met: the reconnection is for the same customer/applicant that was terminated; the location of the reconnection is the same location as the location of the termination; the dollars in debt that are the subject of the customer payment or customer payment agreement, or both, are for the same customer/applicant while at the same location; and the time that has passed since the final bill due date does not exceed 4 years. Report the cumulative number as of the end of the reporting period/month. Include customer assistance program recipients.
Total number of reconnections for customer submission of medical certification--Includes only reconnections because the customer has supplied the company with a valid medical certificate as the condition of reconnection. Report the cumulative number as of the end of the reporting period/month. Include customer assistance program recipients.
Total number of residential customers--Report the number as of the end of the reporting period/month. Report each individually billed account under a unique residential account number and residential tariff rate (Count the number of residential bills that you issue). Include customer assistance program recipients.
Total number of reconnections for reasons other than customer payment or medical certification--Report the cumulative number as of the end of the reporting period/month. Include customer assistance program recipients.
Total number of terminations for nonpayment--The grounds for termination are customer nonpayment of usage-based billings or nonpayment of a security deposit. Report the cumulative number as of the end of the reporting period/month. Include customer assistance program recipients.
Total number of terminations for reasons other than nonpayment--The reasons for termination include failure to permit access, unauthorized use of service, fraud, meter tampering, and safety. Report the cumulative number as of the end of the reporting period/month. Include customer assistance program recipients.
APPENDIX E
THIRD PARTY NOTIFICATION Once in a while, for one reason or another, a customer fails to pay his or her <UTILITY> bill. Under the Third Party Notification program, <UTILITY> will notify you and another person you choose to receive copies of shut off notices. The Third Party can be a trusted relative, friend, clergy member, or social service agency.
The Third Party Notification program is voluntary and can help you if you are hospitalized, away from home for extended periods of time or homebound. The Third Party is not responsible for paying your bills and this program will not stop <UTILITY> from shutting off your <UTILITY> service if you do not pay your bills. When a Third Party contacts <UTILITY> about the shut off notice, we will tell them what you can do to stop the shut off. The Third Party does not have the right to make a payment agreement for you.
To sign up, both you and the Third Party must complete and sign the form below. Do not return this with your bill, return it to:
<UTILITY NAME>
<UTILITY ADDRESS>
<CITY, STATE, POSTAL CODE>
IMPORTANT THINGS TO REMEMBER:
* Notify us immediately if you want to change or drop your Third Party.
* Notify us if your Third Party moves.
* Notify us if you move and you want the Third Party transferred to your new address.Please sign me up for the Third Party Notification program. By completing this form and returning it to <UTILITY>, I request that a copy of any shut off notice be given to the person or agency named below.
CUSTOMER NAME:
<UTILITY> ACCOUNT/CUSTOMER NUMBER:
CUSTOMER ADDRESS:
CUSTOMER SIGNATURE:
DATE:
Receipt of a copy of a shut off notice by the Third Party does not place any obligation on that party to pay the <UTILITY> bill for the customer named above nor will it necessarily stop shut off if payment is not made. The notice simply reminds the Third Party of a chance to help the customer solve the problem.
THIRD PARTY NAME:
THIRD PARTY ADDRESS:
THIRD PARTY SIGNATURE:
DATE:
[Pa.B. Doc. No. 09-289. Filed for public inspection February 13, 2009, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
