[41 Pa.B. 5473]
[Saturday, October 8, 2011]
[Continued from previous Web Page] § 56.337. Procedures upon customer or occupant contact prior to termination.
(a) If, after the issuance of the initial termination notice and prior to the actual termination of service, a customer or occupant contacts the utility concerning a proposed termination, an authorized utility employee shall fully explain the following:
(1) The reasons for the proposed termination.
(2) The available methods for avoiding a termination, including the following:
(i) Tendering payment in full or otherwise eliminating the grounds for termination.
(ii) Entering a payment agreement.
(iii) Paying what is past-due on the most recent previous company negotiated or Commission payment agreement.
(iv) Enrolling in the utility's customer assistance program or its equivalent, if the utility has a program and the customer is eligible for the program.
(3) The medical emergency procedures.
(b) The utility, through its employees, shall exercise good faith and fair judgment in attempting to enter a reasonable payment agreement or otherwise equitably resolve the matter. Factors to be taken into account when attempting to enter into a reasonable informal dispute settlement agreement or payment agreement include the size of the unpaid balance, the ability of the customer to pay, the payment history of the customer and the length of time over which the bill accumulated. Payment agreements for heating customers shall be based upon budget billing as determined under § 56.262(7) (relating to meter reading; estimated billing; customer readings). If a payment agreement is not established, the company shall further explain the following:
(1) The right of the customer to file a dispute with the utility and, thereafter, an informal complaint with the Commission.
(2) The procedures for resolving disputes and informal complaints, including the address and telephone number of the Commission: Public Utility Commission, Box 3265, Harrisburg, Pennsylvania 17105-3265, (800) 692-7380.
(3) The duty of the customer to pay any portion of a bill which the customer does not dispute.
§ 56.338. Exception for terminations based on occurrences harmful to person or property.
Notwithstanding any other provision of this chapter, when a service termination is based on an occurrence which endangers the safety of any person or may prove harmful to the energy delivery system of the utility, the utility may terminate service without written notice so long as the utility reasonably believes grounds to exist. At the time of termination, the utility shall make a bona fide attempt to deliver a notice of termination to a responsible adult occupant at the affected premises and, in the case of a single meter, multiunit dwelling, shall conspicuously post the notice at the dwelling, including common areas when permissible.
§ 56.339. Use of termination notice solely as collection device prohibited.
A utility may not threaten to terminate service when it has no present intent to terminate service or when actual termination is prohibited under this chapter. Notice of the intent to terminate shall be used only as a warning that service will in fact be terminated in accordance with the procedures under this chapter, unless the customer or occupant remedies the situation which gave rise to the enforcement efforts of the utility.
§ 56.340. Winter termination procedures.
Notwithstanding any provision of this chapter, during the period of December 1 through March 31, utilities subject to this subchapter shall conform to the provisions of this section. The covered utilities may not terminate service between December 1 and March 31 except as pro- vided in this section or § 56.338 (relating to exception for terminations based on occurrences harmful to person or property).
(1) Termination notices. The utility shall comply with §§ 56.331—56.335 including personal contact, as defined in § 56.333 (relating to personal contact), at the premises if occupied.
(2) Request for permission to terminate service. If at the conclusion of the notification process defined in §§ 56.331—56.335, a reasonable agreement cannot be reached between the utility and the customer, the utility shall register with the Commission, in writing, a request for permission to terminate service, accompanied by a utility report as defined in § 56.382 (relating to contents of the utility company report). At the same time, the utility shall serve the customer a copy of the written request registered with the Commission.
(3) Informal complaints. If the customer has filed an informal complaint or if the Commission has acted upon the utility's written request, the matter shall proceed under §§ 56.391—56.394 (relating to informal complaint procedures). Nothing in this section may be construed to limit the right of a utility or customer to appeal a decision by the Bureau of Consumer Services (BCS) under 66 Pa.C.S. § 701 (relating to complaints) and §§ 56.401—56.403 and 56.441.
(4) Survey of premises previously terminated. For premises where heat related service has been terminated prior to December 1 of each year, covered utilities shall, within 90 days prior to December 1, survey and attempt to make post-termination personal contact with the occupant or a responsible adult at the premises and in good faith attempt to reach an agreement regarding payment of any arrearages and restoration of service.
(5) Reporting of survey results. Utilities subject to this subchapter shall file a brief report outlining their pre-December 1 survey and personal contact results with the BCS on or before December 15 of each year. Each utility shall update the survey and report the results to the BCS on February 1 of each year to reflect any change in the status of the accounts subsequent to the December 15 filing. For the purposes of the February 1 update of survey results, the utility shall attempt to contact by telephone, if available, a responsible adult person or occupant at each residence in a good faith attempt to reach an agreement regarding payment of any arrearages and restoration of service.
(6) Landlord ratepayer accounts. During the period of December 1 through March 31, a utility subject to this subchapter may not terminate service to a premises when the account is in the name of a landlord ratepayer as defined at 66 Pa.C.S. § 1521 (related to definitions) except for the grounds in § 56.338.
(7) Reporting of deaths at locations where utility service was previously terminated. Throughout the year, utilities subject to this subchapter shall report to the Commission when, in the normal course of business, they become aware of a household fire, incident of hypothermia or carbon monoxide poisoning or another event that resulted in a death and that the utility service was off at the time of the incident. Within 1 working day of becoming aware of an incident, the utility shall submit a telephone or electronic report to the Director of the BCS including, if available, the name, address and account number of the last customer of record, the date of the incident, a brief statement of the circumstances involved and, if available from an official source or the media, the initial findings as to the cause of the incident and the source of that information. The BCS or Commission may request additional information on the incident and the customer's account. Information submitted to the Commission in accordance with this paragraph shall be treated in accordance with 66 Pa.C.S. § 1508 (relating to reports of accidents) and may not be open for public inspection except by order of the Commission, and may not be admitted into evidence for any purpose in any suit or action for damages growing out of any matter or thing mentioned in the report.
EMERGENCY PROVISIONS § 56.351. General provision.
A utility may not terminate service, or refuse to restore service, to a premises when a licensed physician or nurse practitioner has certified that the customer or an applicant seeking reconnection of previously terminated service under § 56.421 (relating to payment and timing) or a member of the customer's or applicant's household is seriously ill or afflicted with a medical condition that will be aggravated by cessation of service. The customer or applicant shall obtain a letter from a licensed physician or nurse practitioner verifying the condition and promptly forward it to the utility. The determination of whether a medical condition qualifies for the purposes of this section resides entirely with the physician or nurse practitioner and not with the utility. A utility may not impose any qualification standards for medical certificates other than those listed in this section.
§ 56.352. Postponement of termination pending receipt of certificate.
If, prior to termination of service, the utility employee is informed that an occupant is seriously ill or is affected with a medical condition which will be aggravated by a cessation of service and that a medical certification will be procured, termination may not occur for at least 3 days. If a certification is not produced within that 3-day period, the utility may resume the termination process at the point when it was suspended.
§ 56.353. Medical certifications.
Certifications initially may be written or oral, subject to the right of the utility to verify the certification by calling the physician or nurse practitioner or to require written verification within 7 days. Certifications, whether written or oral, must include the following:
(1) The name and address of the customer or applicant in whose name the account is registered.
(2) The name and address of the afflicted person and the relationship to the customer or applicant.
(3) The nature and anticipated length of the affliction.
(4) The specific reason for which the service is required.
(5) The name, office address and telephone number of the certifying physician or nurse practitioner.
§ 56.354. Length of postponement; renewals.
Service may not be terminated for the time period specified in a medical certification. The maximum length of the certification shall be 30 days.
(1) Time period not specified. If no length of time is specified or if the time period is not readily ascertainable, service may not be terminated for at least 30 days.
(2) Renewals. Certifications may be renewed in the same manner and for the same time period as provided in §§ 56.352 and 56.353 (relating to postponement of termination pending receipt of certificate; and medical certifications) and this section if the customer has met the obligation under § 56.356 (relating to duty of customer to pay bills). In instances when a customer has not met the obligation in § 56.356 to equitably make payments on all bills, the number of renewals for the customer's household is limited to two 30-day certifications filed for the same set of arrearages. In these instances, the utility is not required to honor a third renewal of a medical certificate and is not required to follow § 56.358(3) (relating to right of utility to petition the Commission). The utility shall apply the dispute procedures in §§ 56.381 and 56.382 (relating to utility company dispute procedures). When the customer eliminates these arrearages, the customer is eligible to file new medical certificates.
§ 56.355. Restoration of service.
When service is required to be restored under this section and §§ 56.351, 56.354, 56.356—56.358 and 56.421, the utility shall make a diligent effort to have service restored on the day of receipt of the medical certification. In any case, service shall be reconnected within 24 hours. Each utility shall have employees available or on call to restore service in emergencies.
§ 56.356. Duty of customer to pay bills.
Whenever service is restored or termination postponed under the medical emergency procedures, the customer shall retain a duty to make payment on all current undisputed bills or budget billing amount as determined when § 56.262(7) (relating to meter reading; estimated billing; customer readings).
§ 56.357. Termination upon expiration of medical certification.
When the initial and renewal certifications have expired, the original ground for termination shall be revived and the utility may terminate service without additional written notice, if notice previously has been mailed or delivered within the past 60 days under § 56.331 (relating to general notice provisions and contents of termination notice). The utility shall comply with §§ 56.333—56.336.
§ 56.358. Right of utility to petition the Commission.
(a) A utility may petition the Commission for waiver from the medical certification procedures for the following purposes:
(1) Contest the validity of a certification. To request an investigation and hearing by the Commission or its designee when the utility wishes to contest the validity of the certification.
(2) Terminate service prior to expiration of certification. To request permission to terminate service for the failure of the customer to make payments on current undisputed bills.
(3) Contest the renewal of a certification. To request permission to terminate service, under this section and §§ 56.321—56.323 and 56.331—56.339 when customer has not met the duty under § 56.356 (relating to duty of customer to pay bills), provided that the utility has informed the customer of that duty under § 56.356.
(b) A utility shall continue to provide service while a final Commission adjudication on the petition is pending. A petition under this section shall be accompanied by a utility report described in § 56.382 (relating to contents of the utility company report) and shall be filed with the Secretary of the Commission with a copy served to the customer.
(c) Upon the filing of a petition for waiver of medical certification, Commission staff will review the facts and issue an informal written decision.
(d) A party to the proceeding may, within 20 days of mailing of the informal decision, and not thereafter except for good cause shown, appeal by filing with the Secretary of the Commission a letter stating the basis for appeal. An appeal from the informal decision will be assigned to the Office of Administrative Law Judge for hearing and decision.
THIRD-PARTY NOTIFICATION § 56.361. Third-party notification.
Each utility shall permit its customers to designate a consenting individual or agency which is to be sent, by the utility, a duplicate copy of reminder notices, past due notices, delinquent account notices or termination notices of whatever kind issued by that utility. When contact with a third party is made, the utility shall advise the third party of the pending action and the efforts which shall be taken to avoid termination. A utility shall institute and maintain a program:
(1) To allow customers to designate third parties to receive copies of a customer's or group of customers' notices of termination of service.
(2) To advise customers at least annually of the availability of a third-party notification program and to encourage its use thereof. The utility shall emphasize that the third party is not responsible for the payment of the customer's bills.
(3) To solicit community groups to accept third-party notices to assist in preventing unnecessary terminations and protecting the public health and safety.
(4) To make available a standard enrollment form in compliance with the form as set forth in Appendix E (relating to third-party notification).
Subchapter Q. DISPUTES; TERMINATION DISPUTES; INFORMAL AND FORMAL COMPLAINTS GENERAL PROVISIONS
Sec.
56.371. Follow-up response to inquiry. 56.372. Dispute procedures. 56.373. Time for filing an informal complaint. 56.374. Effect of failure to timely file an informal complaint. UTILITY COMPANY DISPUTE PROCEDURES
56.381. General rule. 56.382. Contents of the utility company report. INFORMAL COMPLAINT PROCEDURES
56.391. Informal complaint filing procedures. 56.392. Commission informal complaint procedure. 56.393. Termination pending resolution of the dispute. 56.394. Conference procedures. FORMAL COMPLAINTS
56.401. General rule. 56.402. Filing. 56.403. Review from informal complaint decisions of the Bureau of Consumer Services. 56.404. Ability to pay proceedings. 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.
GENERAL PROVISIONS § 56.371. Follow-up response to inquiry.
When a customer is waiting for a follow-up response to an initial inquiry under § 56.252 (relating to definitions), termination or threatening termination of service, for the subject matter relating to the inquiry in question, shall be prohibited until the follow-up response and, when applicable, subsequent dispute resolution is completed by the utility.
§ 56.372. Dispute procedures.
A notice of dispute, including termination disputes, must proceed, according to this section:
(1) Attempted resolution. If, at any time prior to the actual termination of service, a customer advises the utility that the customer disputes any matter covered by this chapter, including, but not limited to, credit determinations, deposit requirements, the accuracy of utility metering or billing or the proper party to be charged, the utility shall attempt to resolve the dispute in accordance with § 56.381 (relating to general rule).
(2) Termination stayed. Except as otherwise provided in this chapter, when a termination dispute or complaint has been properly filed in accordance with this subchapter, termination shall be prohibited until resolution of the dispute or complaint. However, the disputing party shall pay undisputed portions of the bill.
§ 56.373. Time for filing an informal complaint.
To be timely filed, an informal complaint—which may not include disputes under §§ 56.285 and 56.421 (relating to payment of outstanding balance; and payment and timing)—shall be filed prior to the day on which the utility arrives to terminate service. If the utility arrives to terminate service and posts a deferred termination notice in lieu of termination or otherwise fails to terminate service, the time for filing an informal complaint shall be extended until the end of the business day prior to the utility again arriving to terminate service.
§ 56.374. Effect of failure to timely file an informal complaint.
Failure to timely file an informal complaint, except for good cause, shall constitute a waiver of applicable rights to retain service without complying with the termination notice or conference report of the utility.
UTILITY COMPANY DISPUTE PROCEDURES § 56.381. General rule.
Upon initiation of a dispute covered by this section, the utility shall:
(1) Not issue a termination notice based on the disputed subject matter.
(2) Investigate the matter using methods reasonable under the circumstances, which may include telephone or personal conferences, or both, with the customer or occupant.
(3) Make a diligent attempt to negotiate a reasonable payment agreement if the customer or occupant claims a temporary inability to pay an undisputed bill. Factors which shall be considered in the negotiation of a payment agreement 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.
(4) Provide the customer or occupant with the information necessary for an informed judgment, including, but not limited to, relevant portions of tariffs, statements of account and results of meter tests.
(5) Within 30 days of the initiation of the dispute, issue its report to the complaining party. The utility shall inform the complaining party that the report is available upon request.
(i) If the complainant is not satisfied with the dispute resolution, the utility company report must be in writing and conform to § 56.382 (relating to contents of the utility company report). Further, in these instances, the written report shall be sent to the complaining party if requested or if the utility deems it necessary.
(ii) If the complaining party is satisfied with the orally conveyed dispute resolution, the written utility company report may be limited to the information in § 56.382(1) and (2) and, when applicable, § 56.382(7)(ii) or (8)(ii).
(iii) The information and documents required under this subsection may be electronically provided to the complaining party as long as the complaining party has the ability to accept electronic documents and consents to receiving them electronically.
§ 56.382. Contents of the utility company report.
A utility company report must include the following:
(a) A statement of the claim or dispute of the customer and a copy thereof if the claim or notice of dispute was made in writing.
(b) The position of the utility regarding that claim.
(c) A statement that service will not be terminated pending completion of the dispute process, including both informal and formal complaints, so long as there is compliance with all requirements of the Commission.
(d) A statement that if the complaining party does not agree with the utility company report, an informal complaint shall be filed with the Commission to ensure the preservation of all of the complaining party's rights.
(e) The office where payment may be made or information obtained listing the appropriate telephone number and address of the utility.
(f) A full and complete explanation of procedures for filing an informal complaint with the Commission (see § 56.391 (relating to informal complaint filing procedures)). If a written report is not requested by the complaining party or is not deemed necessary by the utility, the utility shall provide the information in § 56.391(1), (2) and (5). In addition, the utility shall always provide the telephone number and address of the office of the Commission where an informal complaint may be filed.
(g) If the matter in dispute involves a billing dispute, the report must include the following:
(1) An itemized statement of the account of the complaining customer specifying the amount of credit, if any, and the proper amount due.
(2) The date on or after which the account will become delinquent unless a payment agreement is entered into or an informal complaint is filed with the Commission. This date may not be earlier than the due date of the bill or 15 days after the issuance of a utility company report, whichever is later.
(h) If the matter involves a dispute other than a billing dispute, the report must also state the following:
(1) The action required to be taken to avoid the termination of service.
(2) The date on or after which service shall be terminated in accordance with the applicable requirements unless the report is complied with or a payment agreement entered into or an informal complaint filed. This date may not be earlier than the original date for compliance with the matter which gave rise to the dispute or 10 days from the date of issuance of the utility company report, whichever is later. If the utility company report is in writing, the information in this paragraph shall be prominently displayed.
INFORMAL COMPLAINT PROCEDURES § 56.391. Informal complaint filing procedures.
An informal complaint may be filed orally or in writing and must include the following information:
(1) The name and address of the complainant and, if different, the address at which service is provided.
(2) The telephone number of the complainant.
(3) The account number of the complainant, if applicable.
(4) The name of the utility.
(5) A brief statement of the dispute.
(6) Whether the dispute formerly has been the subject of a utility company investigation and report.
(7) Whether the dispute formerly has been the subject of a Commission informal or formal complaint.
(8) The date, if any, of proposed termination.
(9) The relief sought.
§ 56.392. Commission informal complaint procedure.
Upon the filing of an informal complaint, which shall be captioned as ''(Complainant) v. (utility),'' Commission staff will immediately notify the utility; review the dispute; and, within a reasonable period of time, issue to the utility and the complaining party an informal report with findings and a decision. Parties may represent themselves or be represented by counsel or other person of their choice, and may bring witnesses to appear on their behalf. The reports will be in writing and a summary will be sent to the parties if a party requests it or if the Commission staff finds that a summary is necessary.
(1) Review techniques. Review will be by an appropriate means, including, but not limited to, utility company reports, telephone calls, conferences, written statements, research, inquiry and investigation. Procedures will be designed to insure a fair and reasonable opportunity to present pertinent evidence and to challenge evidence submitted by the other party to the dispute, to examine a list of witnesses who will testify and documents, records, files, account data, records of meter tests and other material that the Commission staff will determine may be relevant to the issues, and to question witnesses appearing on behalf of other parties. Information and documents requested by Commission staff as part of the review process shall be provided by the utility within 30 days of the request. If the complainant is without utility service, or in other emergency situations as identified by Commission staff, the information requested by Commission staff shall be provided by the utility within 5 business days of the request.
(2) Settlement. Prior to the issuance of an informal decision, Commission staff may facilitate discussions between the parties in an effort to settle the dispute. If a settlement is reached, Commission staff will confirm that all parties understand the terms of the settlement and document the informal complaint as closed.
(3) Resolution. Commission staff resolution of informal complaints is binding upon the parties unless formal proceedings are initiated under §§ 56.401—56.404 (relating to formal complaints).
§ 56.393. Termination pending resolution of the dispute.
In any case alleging unauthorized use of utility service, as defined in § 56.252 (relating to definitions), or the customer's failure to pay undisputed bills as required under § 56.411 (relating to duties of parties; disputing party's duty to pay undisputed portion of bills; utility's duty to pay interest whenever overpayment found), a utility may terminate service after giving proper notice in accordance with §§ 56.331—56.338, whether or not a dispute is pending.
§ 56.394. Conference procedures.
Conferences held under §§ 56.391—56.393 (relating to informal complaint filing procedures; Commission informal complaint procedure; and termination pending resolution of the dispute) and this section will be informal and may be held by conference telephone call, when appropriate. If the parties are to be present, the conferences will take place within reasonable proximity to the situs of the complaint.
FORMAL COMPLAINTS § 56.401. General rule.
Except as otherwise provided in this chapter, formal complaint proceedings will proceed according to the rules and regulations of the Commission governing complaint proceedings.
§ 56.402. Filing.
(a) A request for review of the decision of the Bureau of Consumer Services (BCS) shall be initiated in writing within 20 days of issuance.
(b) Upon receipt of a request for review of the decision of the BCS, the Secretary of the Commission will mail a formal complaint form to the requesting person.
(c) Within 30 days of the mailing of the formal complaint form, the party requesting review of the decision of the BCS shall file the completed complaint form with the Secretary.
(d) Upon the filing of a formal complaint within the 30-day period and not thereafter except for good cause shown, there will be an automatic stay of the informal complaint decision.
(e) The failure to request review of the BCS decision by filing a formal complaint within the 30-day period does not foreclose a party from filing a formal complaint at a later time except as otherwise may be provided in 66 Pa.C.S. (relating to Public Utility Code).
§ 56.403. Review from informal complaint decisions of the Bureau of Consumer Services.
(a) Assignment. Review of informal complaint decisions will be heard de novo by an administrative law judge or special agent.
(b) Filing and docketing. A complaint will be filed and docketed as a formal Commission complaint, under §§ 1.31—1.38 (relating to documentary filings).
(c) Captions. The parties to a review will be stated in the caption as they stood upon the record of the informal complaint proceeding. If the party requesting review is a utility, the phrase ''Complaint Appellant'' will be added after its name.
(d) Hearings. Hearings conducted by an administrative law judge or a special agent will be held within a reasonable period of time after the filing of the answer. The parties may incorporate portions of the conference report or informal complaint decision that they shall agree upon.
(e) Formal complaint decision. The administrative law judge or special agent assigned to the formal complaint will issue a decision with the Commission within a reasonable period of time after the receipt of the transcribed testimony. Included in the decision will be a description of the matter, findings of fact, conclusions of law and other discussion and opinion as is appropriate.
(f) Commission review. The Commission will review the decision of the assigned administrative law judge or special agent, commit it to advisory staff for further analysis, remand it to an administrative law judge or special agent for further development of the record or issue a final order. The burden of proof remains with the party who filed the formal complaint.
§ 56.404. Ability to pay proceedings.
(a) Assignments. Requests for review of decisions of the Bureau of Consumer Services (BCS) and any other case in which the issue is solely ability to pay may be assigned to a special agent.
(b) Stay of informal complaint decision. Upon the filing of a formal complaint in a case seeking review from the decision of the BCS, there shall be an automatic stay of payment arrangements ordered in that decision, other than current bills not at issue. The utility may request that the presiding officer remove the stay and order payment of amounts in the informal complaint decision. When current bills are not at issue, the customer shall be responsible for payment of current, undisputed bills pending issuance of a final Commission order.
(c) Hearings. The presiding officer will conduct hearings within a reasonable period after filing of the review and answer. If the presiding officer is a special agent, the special agent will have all powers of an administrative law judge.
(1) The presiding officer will attempt to hold hearings by telephone, unless one or more parties object. Hearings will be held after the filing of an answer.
(2) The presiding officer will hear the case de novo, but may request a stipulation of the parties as to undisputed facts.
(3) Hearings will be tape recorded and will not be transcribed, unless the parties request the use of a stenographer or a transcription of the tape or other circumstances warranting transcription exist. Unless objected to, parties may make their own tape recording of the proceedings, but the only official record shall be that made by the presiding officer.
(d) Proposed findings of fact and conclusions of law or briefs. The parties shall have the opportunity of submitting proposed findings of fact and conclusions of law or briefs to the presiding officer. Notice of intent to submit findings of fact and conclusions of law or briefs shall be given at the hearing and they shall be submitted within 10 days of the hearing.
(e) Initial decision. The presiding officer will render a written decision after the hearings or after the receipt of proposed findings of fact and conclusions of law or briefs, if they are filed. The initial decision will be in writing and contain a brief description of the matter, findings of fact and conclusions of law. The initial decision will be subject to the filing of exceptions under the procedures in Chapters 1 and 5 (relating to rules of administrative practice and procedure; and formal proceedings).
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 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. Payment and timing. 56.422. Personnel available to restore service. § 56.421. Payment and timing.
When service to a dwelling has been terminated, the utility shall reconnect service within 24 hours after receiving one of the following:
(1) Full payment of an outstanding charge plus the reconnection fee specified in the utility's tariff on file with the Commission. 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 a payment agreement, plus a reasonable reconnection fee, which may be a part of the 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, an informal complaint decision or a formal complaint order. For purposes of this section, neither an amortization of a make-up bill under § 56.264 (relating to previously unbilled utility service) or the definition of ''billing month'' in § 56.252 (relating to definitions) nor a payment agreement that has been paid in full by the customer, are to be considered defaults. Budget billing plans and amortization of budget plan reconciliation amounts under § 56.262(7) (relating to meter reading; estimated billing; customer readings) may not be considered defaults for the purposes of this section.
(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.
(6) A customer or applicant of a city natural gas distribution operation whose household income does not exceed 135% of the Federal poverty level shall be reinstated under this section only if the customer or applicant enrolls in the customer assistance program of the city natural gas distribution operation. This requirement may not apply if the financial benefits to the customer or applicant are greater if served outside of that assistance program.
(7) A utility shall provide for and inform the applicant or customer of a location where the customer may make payment to restore service. A utility shall inform the applicant or customer that conditions for restoration of service may differ if someone in the household is a victim of domestic violence with a protection from abuse order or is seriously ill or affected by a medical condition which will be aggravated without utility service.
§ 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 timing of termination; and payment and timing).
Subchapter S. PUBLIC INFORMATION PROCEDURES; RECORD MAINTENANCE Sec.
56.431. Public information. 56.432. Record maintenance. § 56.431. Public information.
(a) 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, shall be in writing, reproduced by the utility, displayed prominently, available on the utility's web site, if the company has one, and available at all utility office locations open to the general public. The public utility shall inform new customers of the availability of this information and direct where to locate it on the utility's web site. The utility shall deliver or mail a copy upon the request of a customer or applicant.
(b) 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 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 may be available for victims of domestic violence, people with serious illnesses and low income households.
§ 56.432. Record maintenance.
A utility shall preserve for a minimum of 4 years written or recorded disputes and complaints, keep the records accessible 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 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 or a technological advance permits an enhanced level of customer service, 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 million per year, and each 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) 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 Let us know if someone living in your home is seriously ill or has a medical condition that will be aggravated by the cessation of service. We will not shut off your service during such illness provided you:
(a) Have a licensed 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 current bills for service.
(c) Contact us by calling the following number: (Utility) Phone Number: (Utility) Address:
(d) Have your licensed physician send a letter to the utility within 7 days verifying the medical condition.
APPENDIX B. MEDICAL EMERGENCY NOTICE Let us know if someone living in your home is seriously ill or has a medical condition that will be aggravated by the cessation of service. We will restore your utility service within 24 hours during such illness provided you:
(a) Have a licensed 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 current bills for service.
(c) Contact us by calling the following number: (Utility) Phone Number: (Utility) Address:
(d) Have your licensed physician send a letter to the utility within 7 days verifying the medical condition.
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. Include customer assistance program recipients.
Total number of reconnections for full customer payment, partial 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 the customer paid in full the outstanding balance of the account, 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 § 56.2. 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. 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 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 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 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 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. 11-1761. Filed for public inspection October 7, 2011, 9:00 a.m.]
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