[41 Pa.B. 5473]
[Saturday, October 8, 2011]
[Continued from previous Web Page]
Subchapter L. PROVISIONS FOR WASTEWATER, STEAM HEAT AND SMALL NATURAL GAS DISTRIBUTION UTILITIES AND VICTIMS OF DOMESTIC VIOLENCE WITH A PROTECTION FROM ABUSE ORDER Sec.
56.251. Statement of purpose and policy. 56.252. Definitions. § 56.251. Statement of purpose and policy.
Subchapters L—V apply to victims under a protection from abuse order as provided by 23 Pa.C.S. Chapter 61 (relating to Protection from Abuse Act) and 66 Pa.C.S. § 1417 (relating to nonapplicability). These subchapters also apply to wastewater, steam heating and natural gas distribution utilities with annual gas operating revenues of less than $6 million per year, except when the utility seeks to provide natural gas supply services to retail gas customers outside its service territory as provided by 66 Pa.C.S. § 1403 (relating to definitions). These subchaptersestablish and enforce uniform, fair and equitable residential utility service standards governing eligibility criteria, credit and deposit practices, and account billing, termination and customer complaint procedures. This chapter assures adequate provision of residential utility service, to restrict unreasonable termination of or refusal to provide that service and to provide functional alternatives to termination or refusal to provide that service. Every privilege conferred or duty required under this chapter imposes an obligation of good faith, honesty and fair dealing in its performance and enforcement. This chapter will be liberally construed to fulfill its purpose and policy and to insure justice for all concerned.
§ 56.252. Definitions.
The following words and terms, when used in this subchapter and Subchapters M—V, have the following meanings, unless the context clearly indicates otherwise:
AMR—Automatic meter reading—
(i) Metering using technologies that automatically read and collect data from metering devices and transfer that data to a central database for billing and other purposes.
(ii) The term does not include remote meter reading devices as defined by this section.
(iii) Meter readings by an AMR shall be deemed actual readings for the purposes of this chapter.
Applicant—
(i) A person at least 18 years of age who applies for residential utility service.
(ii) The term does not include a person who, within 60 days after termination or discontinuance of service, seeks to transfer service within the service territory of the same utility or to reinstate service at the same address.
Basic services—
(i) Services necessary for the physical delivery of residential utility service.
(ii) The term also includes default service as defined in this section.
Billing month—A period of not less than 26 days and not more than 35 days except in the following circumstances:
(i) An initial bill for a new customer may be less than 26 days or greater than 35 days. However, if an initial bill exceeds 60 days, the customer shall be given the opportunity to amortize the amount over a period equal to the period covered by the initial bill without penalty.
(ii) A final bill due to discontinuance may be less than 26 days or greater than 35 days but may never exceed 42 days. In cases involving termination, a final bill may be less than 26 days.
(iii) Bills for less than 26 days or more than 35 days shall be permitted if they result from a rebilling initiated by the company or customer dispute to correct a billing problem.
(iv) Bills for less than 26 days or more than 35 days shall be permitted if they result from a meter reading route change initiated by the utility. The utility shall informally contact the Director of the Bureau of Consumer Services at least 30 days prior to the rerouting and provide information as to when the billing will occur, the number of customers affected and a general description of the geographic area involved. If a bill resulting from a meter rerouting exceeds 60 days, the customer shall be given the opportunity to amortize the amount over a period equal to the period covered by the bill without penalty.
Billing period—In the case of utilities supplying gas, electric and steam heating service, the billing period must conform to the definition of ''billing month.'' In the case of water and wastewater service, a billing period may be monthly, bimonthly or quarterly as provided in the tariff of the utility. Customers shall be permitted to receive bills monthly and be notified of their rights thereto.
Customer—A person at least 18 years of age in whose name a residential service account is listed and who is primarily responsible for payment of bills rendered for the service.
Customer assistance program—A plan or program sponsored by a utility for the purpose of providing universal service and energy conservation, as defined in 66 Pa.C.S. § 2202 or § 2803 (relating to definitions), in which customers make monthly payments based on household income and household size and under which customers shall comply with certain responsibilities and restrictions to remain eligible for the program.
Cycle billing—A system of billing employed by a utility which results in the normal rendition of bills for utility service to a group or portion of customers on different or specified days of one billing period.
Default service—Electric generation supply service provided under a default service program to a retail electric customer not receiving service from an electric generation supplier.
Delinquent account—Charges for utility service which have not been paid in full by the due date stated on the bill or otherwise agreed upon; provided that an account may not be deemed delinquent if: prior to the due date, a payment agreement with the utility has been entered into by the customer, a timely filed notice of dispute is pending before the utility or, under time limits provided in this chapter, an informal or formal complaint is timely filed with and is pending before the Commission.
Discontinuance of service—The cessation of service with the consent of the customer and otherwise in accordance with § 56.312 (relating to discontinuance of service).
Dispute—A grievance of an applicant, customer or occupant about a utility's application of a provision covered by this chapter, including, but not limited to, subjects such as credit determinations, deposit requirements, the accuracy of meter readings or bill amounts or the proper party to be charged. If, at the conclusion of an initial contact or, when applicable, a follow-up response, the applicant, customer or occupant indicates satisfaction with the resulting resolution or explanation of the subject of the grievance, the contact will not be considered a dispute.
Dwelling—A house, apartment, mobile home or single meter multiunit structure being supplied with residential service.
Electronic billing—The electronic delivery and presentation of bills and related information sent by a utility to its customers using a system administered by the utility or a system the utility is responsible for maintaining.
Electronic notification of payment—A notification generated by an electronic payment system upon receipt of a payment from a customer using an electronic billing and payment system administered by the utility or a system the utility is responsible for maintaining. The notification must inform the customer of successful receipt and amount of payment and the date and time the payment was received.
Electronic remittance of payment—The electronic receipt of payment from customers to a utility using a system administered by a utility or a system the utility is responsible for maintaining.
Emergency—An unforeseen combination of circumstances requiring temporary discontinuance of service to effect repairs or maintenance or to eliminate an imminent threat to life, health, safety or property.
Federal poverty level—The poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services under the authority of section 673(2) of the Omnibus Budget Reconciliation Act (OBRA) of 1981 (42 U.S.C.A. § 9902(2)).
Formal complaint—A complaint filed before the Commission requesting a legal proceeding before a Commission administrative law judge or a mediation under the management of a Commission administrative law judge.
Household income—The combined gross income of all adults in a residential household who benefit from the public utility service.
Informal complaint—A complaint with the Commission submitted by a customer that does not involve a legal proceeding before a Commission administrative law judge or a mediation under the management of a Commission administrative law judge.
Initial inquiry—A concern or question of an applicant, customer or occupant about a utility's application of a provision covered by this chapter, including, but not limited to, subjects such as credit determinations, deposit requirements, the accuracy of meter readings or bill amounts or the proper party to be charged. If a utility, with the consent of the applicant, customer or occupant, offers to review pertinent records and call back the applicant, customer or occupant within 3 business days with a response, the contact will be considered an initial inquiry pending a determination of satisfaction by the applicant, customer or occupant with the company's response. If the company cannot reach the customer to convey the information obtained through a review of company records, a letter shall be sent which summarizes the information and informs the customer to contact the company within 5 business days if the customer disagrees with the company position, or has additional questions or concerns about the matter.
Natural gas distribution service—The delivery of natural gas to retail gas customers utilizing the jurisdictional facilities of a natural gas distribution utility.
Natural gas distribution utility—A city natural gas distribution operation or entity that provides natural gas distribution services and may provide natural gas supply services and other services.
Natural gas supply services—
(i) The sale or arrangement of the sale of natural gas to retail gas customers and services that may be unbundled by the Commission under 66 Pa.C.S. § 2203(3) (relating to standards for restructuring of natural gas utility industry).
(ii) The term does not include natural gas distribution service.
Nonbasic services—Optional recurring services which are distinctly separate and clearly not required for the physical delivery of utility service or default service.
Nurse practitioner—A registered nurse licensed in this Commonwealth who is certified by the State Board of Nursing in a particular clinical specialty area and who, while functioning in the expanded role as a professional nurse, performs acts of medical diagnosis or prescription of medical therapeutic or corrective measures in collaboration with and under the direction of a physician licensed to practice medicine in this Commonwealth.
Occupant—A natural person who resides in the premises to which utility service is provided.
Payment agreement—A mutually satisfactory written agreement whereby a customer or applicant who admits liability for billed service is permitted to amortize or pay the unpaid balance of the account in one or more payments over a reasonable period of time.
Person—An individual, partnership, corporation, association, including any lessee, assignee, trustee, receiver, executor, administrator and other successors in interest.
Physician—An individual licensed to engage in the practice of medicine and surgery in all of its branches or in the practice of osteopathy or osteopathic surgery by a jurisdiction within the United States of America.
Premises or affected premises—Unless otherwise indicated, the residence of the occupant.
Remote reading device—
(i) A device which by electrical impulse or otherwise transmits readings from a meter, usually located within a residence, to a more accessible location outside of a residence.
(ii) The term does not include the following:
(A) AMR devices as defined in this section.
(B) Devices that permit direct interrogation of the meter.
Residential service—
(i) Utility service supplied to a dwelling, including service provided to a commercial establishment if concurrent service is provided to a residential dwelling attached thereto.
(ii) The term does not include utility service provided to a hotel or motel.
Termination of service—Cessation of service, whether temporary or permanent, without the consent of the ratepayer.
Unauthorized use of utility service—Unreasonable interference or diversion of service, including meter tampering (any act which affects the proper registration of service through a meter), by-passing (unmetered service that flows through a device connected between a service line and customer-owned facilities) and unauthorized service restoral.
User without contract—A person as defined in 66 Pa.C.S. § 102 (relating to definitions) that takes or accepts utility service without the knowledge or approval of the utility, other than the unauthorized use of utility service as defined in this section.
Utility—
(i) A public utility or a municipality, subject to Commission jurisdiction, which provides wastewater services or steam heating services.
(ii) The term also includes natural gas distribution utilities with annual gas operating revenues of less than $6 million per year, except when the public utility seeks to provide natural gas supply services to retail gas customers outside its service territory as provided under 66 Pa.C.S. § 1403 (relating to definitions).
Subchapter M. BILLING AND PAYMENT STANDARDS GENERAL
Sec.
56.261. Billing frequency. 56.262. Meter reading; estimated billing; customer readings. 56.263. Billings for merchandise, appliances and nonrecurring and recurring services. 56.264. Previously unbilled utility service. 56.265. Billing information. 56.266. Transfer of accounts. 56.267. Advance payments. PAYMENTS
56.271. Payment. 56.272. Accrual of late payment charges. 56.273. Application of partial payments between utility and other service. 56.274. Application of partial payments among several bills for utility service. 56.275. Electronic bill payment.
GENERAL § 56.261. Billing frequency.
(a) A utility shall render a bill once every billing period to every residential customer in accordance with approved rate schedules.
(b) A utility may utilize electronic billing in lieu of mailed paper bills. Electronic billing programs must include the following:
(1) The electronic billing option is voluntary and only with the prior consent of the customer. The customer retains the right to revert to conventional paper billings upon request. The customer shall provide the utility with a one billing cycle notice of a request to revert to paper billing.
(2) A customer shall receive the same information that is included with a paper bill issued by the utility.
(3) The electronic bill must include the same disclosures and educational messages that are required for paper bills. The electronic transmission of termination notices may not be permitted unless the customer has affirmatively consented to this method of delivery. The electronic delivery of a termination notice does not relieve the public utility of the obligation to provide termination notices as required under §§ 56.331—56.338.
(4) The electronic bill must include all required bill inserts in an easily accessed and easily readable format.
(5) The electronic bill must include the option for the customer to contribute to the utility's hardship fund if the utility is able to accept hardship fund contributions by this method.
(6) A customer may not be required to pay an additional fee to receive an electronic bill.
(7) The utility shall maintain a system to deliver electronic bills if the bill is emailed to a customer.
(8) The utility shall employ all reasonable measures to protect customer information from unauthorized disclosure and prevent access to customer account records by persons who are not properly authorized to have access.
§ 56.262. Meter reading; estimated billing; customer readings.
Except as provided in this section, a utility shall render bills based on actual meter readings by utility company personnel.
(1) Inapplicability to seasonally billed customers. This section does not apply to customers billed on a seasonal basis under terms included in the tariff of the utility.
(2) Estimates for bills rendered on a monthly basis. If a utility bills on a monthly basis, it may estimate usage of service every other billing month, so long as the utility provides a customer with the opportunity to read the meter and report the quantity of usage in lieu of the estimated bill. The resulting bills must be based on the information provided, except for an account when it is apparent that the information is erroneous.
(i) Upon the request of the customer, the utility shall, at least annually, provide preaddressed postcards on which the customer may report the reading. The utility shall provide additional preaddressed postcards on request. The utility may choose to make available electronic and telephonic methods for customers to report meter reading information.
(ii) The utility may establish due dates by which the customer supplied reading shall be received for a bill to be based upon the meter reading of the customer or occupant. If the reading of a customer or occupant is not received by that due date, the utility may estimate the quantity of usage. The utility may establish due dates for submitting a meter reading when the customer or occupant utilizes an electronic method for reporting meter readings.
(3) Estimates permitted under exigent circumstances. A utility may estimate the bill of a customer if extreme weather conditions, emergencies, equipment failure, work stoppages or other circumstances prevent actual meter reading.
(4) Estimates when utility personnel are unable to gain access. A utility may estimate the bill of a customer if utility personnel are unable to gain access to obtain an actual meter reading, as long as the following apply:
(i) The utility has undertaken reasonable alternative measures to obtain a meter reading, including, but not limited to, the provision of preaddressed postcards upon which the customer may report the reading or the telephone reporting of the reading.
(ii) The utility, at least every 6 months, or every four billing periods for utilities permitted to bill for periods in excess of 1 month, obtains an actual meter reading or customer supplied reading to verify the accuracy of the estimated readings.
(iii) The utility, at least once every 12 months, obtains an actual meter reading to verify the accuracy of the readings, either estimated or customer read.
(5) Remote reading devices for water, gas and electric utilities. A utility may render a bill on the basis of readings from a remote reading device under the following conditions:
(i) When a gas, electric or water utility uses readings from a remote reading device to render bills, the utility shall obtain an actual meter reading at least once every 5 years to verify the accuracy of the remote reading device. If the customer of record at the dwelling changes during the 5-year period between actual meter readings, the utility shall make a bona fide attempt to schedule an appointment with the departing customer and, if necessary, the new occupant, to secure an actual meter reading.
(ii) When the actual meter reading establishes that the customer was underbilled due to an error in the registration of the remote reading device, the utility may render a bill for the uncollected amount. If the rebilling exceeds the otherwise normal estimated bill for the billing period during which the bill is issued by at least 50% or at least $50, whichever is greater, the utility shall comply with § 56.264 (relating to previously unbilled utility service).
(iii) When the actual meter reading establishes that the customer was overbilled due to an error in the readings of the remote reading device, the utility shall credit or refund to the customer the amount overbilled plus interest calculated under § 56.411(3) (relating to duties of parties: disputing party's duty to pay undisputed portion of bills; utility's duty to pay interest whenever overpayment found).
(iv) Nothing in this section may be construed to limit the authority of electric, gas or water utilities to gain access to a residence for the purpose of checking or reading a meter.
(6) Limitation of liability. If a water utility has estimated bills and if the customer or occupant during that period has consumed an amount of water in excess of normal seasonal usage because of a verified leak that could not reasonably have been detected or other unknown loss of water, the customer is not liable for more than 150% of the average amount of water consumed for the corresponding period during the previous year. This section does not apply when the water utility was unable to gain access and has complied with paragraph (4).
(7) Budget billing. A gas, electric and steam heating utility shall provide its residential customers, on a year-round rolling enrollment basis, with an optional billing procedure which averages estimated utility service costs over a 10-month, 11-month or 12-month period to eliminate, to the extent possible, seasonal fluctuations in utility bills. The utility shall review accounts at least three times during the optional billing period. At the conclusion of the budget billing year, a resulting reconciliation amount exceeding $100 but less than $300 shall be, at the request of the customer, amortized over a 6-month period. Reconciliation amounts exceeding $300 shall be amortized over at least a 12-month period at the request of the customer. Shorter amortization periods are permissible at the request of the customer.
(8) Notice. The utility shall inform existing customers of their rights under this section and under 66 Pa.C.S. § 1509 (relating to billing procedures).
§ 56.263. Billings for merchandise, appliances and nonrecurring and recurring services.
Charges for other than basic service—that is, merchandise, appliances and special services, including merchandise and appliance installation, sales, rental and repair costs; meter testing fees; line extension costs; special construction charges and other nonrecurring charges, except as provided in this chapter—must appear after charges for basic services and appear distinctly separate. This includes charges for optional recurring services which are distinctly separate and clearly not required for the physical delivery of service. Examples include line repair programs and appliance warranty programs. See § 56.323(3) (relating to unauthorized termination of service).
§ 56.264. Previously unbilled utility service.
When a utility renders a make-up bill for previously unbilled utility service which accrued within the past 4 years resulting from utility billing error, meter failure, leakage that could not reasonably have been detected or loss of service, or four or more consecutive estimated bills and the make-up bill exceeds the otherwise normal estimated bill for the billing period during which the make-up bill is issued by at least 50% or at least $50, whichever is greater:
(1) The utility shall explain the bill to the customer and make a reasonable attempt to amortize the bill.
(2) The period of the amortization may, at the option of the customer, extend at least as long as:
(i) The period during which the excess amount accrued.
(ii) Necessary so that the quantity of service billed in any one billing period is not greater than the normal estimated quantity for that period plus 50%.
§ 56.265. Billing information.
A bill rendered by a utility for metered residential utility service must state clearly the following information:
(1) The beginning and ending dates of the billing period.
(2) If applicable, the beginning and ending meter readings for the billing period. If a bill is estimated, it must contain a clear and conspicuous marking of the word ''Estimated.''
(3) The due date on or before which payment shall be made or the account will be delinquent.
(4) The amount due for service rendered during the current billing period, specifying the charge for basic service, the energy or fuel adjustment charge, State tax adjustment surcharge if other than zero, State Sales Tax if applicable and other similar charges. The bills should also indicate that a State Gross Receipts Tax is being charged and a reasonable estimate of the charge. A Class A utility shall include a statement of the dollar amount of total State taxes included in the current billing period charge. For the purpose of this paragraph, a Class A utility shall also include a Class A telephone utility as defined under § 63.31 (relating to classification of public utilities).
(5) Amounts due for reconnection charges.
(6) Amounts due for security deposits.
(7) The total amount of payments and other credits made to the account during the current billing period.
(8) The amount of late payment charges, designated as such, which have accrued to the account of the customer for failure to pay bills by the due date of the bill and which are authorized under § 56.272 (relating to accrual of late payment charges).
(9) The total amount due.
(10) A clear and conspicuous marking of estimates.
(11) A statement directing the customer to ''register any question or complaint about the bill prior to the due date,'' with the address and telephone number where the customer may initiate the inquiry or complaint with the utility.
(12) A statement that a rate schedule, an explanation of how to verify the accuracy of a bill and an explanation, in plain language, of the various charges, if applicable, is available for inspection in the local business office of the utility and on the utility's web site.
(13) A designation of the applicable rate schedule as denoted in the officially filed tariff of the utility.
(14) Utilities shall incorporate the requirements in §§ 54.4 and 62.74 (relating to bill format for residential and small business customers).
§ 56.266. Transfer of accounts.
(a) A customer who is about to vacate premises supplied with utility service or who wishes to have service discontinued shall give at least 7 days notice to the utility and a noncustomer occupant, specifying the date on which it is desired that service be discontinued. In the absence of a notice, the customer shall be responsible for services rendered. If the utility is not, after a reasonable attempt to obtain meter access, able to access the meter for discontinuance, service shall be discontinued with an estimated meter reading upon which the final bill will be based. The resulting final bill is subject to adjustment once the utility has obtained an actual meter reading.
(b) In the event of discontinuance or termination of service at a residence or dwelling in accordance with this chapter, a utility may transfer an unpaid balance to a new residential service account of the same customer.
(c) If a termination notice has been issued in accordance with § 56.331 (relating to general notice provisions and contents of termination notice) and subsequent to the mailing or delivery of that notice, the customer requests a transfer of service to a new location, the termination process in §§ 56.331—56.339 may continue at the new location.
(1) When notifications set forth under § 56.331 and § 56.335 (relating to deferred termination when no prior contact) have been rendered and service has not been terminated due to a denial of access to the premises, the utility may deny service at a new location when a service transfer is requested.
(2) Nothing in this section shall be construed to limit the right of a customer to dispute a bill within the meaning of §§ 56.372—56.374 (relating to dispute procedures; time for filing an informal complaint; and effect of failure to timely file an informal complaint).
§ 56.267. Advance payments.
Payments may be required in advance of furnishing any of the following services:
(1) Seasonal service.
(2) The construction of facilities and furnishing of special equipment.
(3) Gas and electric rendered through prepayment meters provided:
(i) The customer is nonlow income. For purposes of this section, ''nonlow income'' is defined as an individual who has an annual household gross income greater than 150% of the Federal poverty income guidelines and has a delinquency for which the individual is requesting a payment agreement but offering terms that the utility, after consideration of the factors in § 56.337(b) (relating to procedures upon customer or occupant contact prior to termination), finds unacceptable.
(ii) The service is being rendered to an individually-metered residential dwelling, and the customer and occupants are the only individuals affected by the installation of a prepayment meter.
(iii) The customer and utility enter into a payment agreement which includes, but is not limited to, the following terms:
(A) The customer voluntarily agrees to the installation of a prepayment meter.
(B) The customer agrees to purchase prepayment credits to maintain service until the total balance is retired and the utility agrees to make new credits available to the customer within 5 days of receipt of prepayment.
(C) The utility agrees to furnish the customer with emergency backup credits for additional usage of at least 5 days.
(D) The customer agrees that failure to renew the credits by making prepayment for additional service constitutes a request for discontinuance under § 56.312(1) (relating to discontinuance of service), except during a medical emergency, and that discontinuance will occur when the additional usage on the emergency backup credits runs out.
(iv) The utility develops a written plan for a prepayment meter program, consistent with the criteria established in this section, and submits the plan to the Commission at least 30 days in advance of the effective date of the program.
(v) During the first 2 years of use of prepayment meters, the utility thoroughly and objectively evaluates the use of prepayment meters in accordance with the following:
(A) Content. The evaluation should include both process and impact components. Process evaluation should focus on whether the use of prepayment meters conforms to the program design and should assess the degree to which the program operates efficiently. The impact evaluation should focus on the degree to which the program achieves the continuation of utility service to participants at reasonable cost levels. The evaluation should include an analysis of the costs and benefits of traditional collections or alternative collections versus the costs and benefits of handling nonlow income positive ability to pay customers through prepayment metering. This analysis should include comparisons of customer payment behavior, energy consumption, administrative costs and actual collection costs.
(B) Time frame. The process evaluation should be undertaken during the middle of the first year; the impact evaluation at least by the end of the second year.
(4) Temporary service for short-term use, including installation and removal, with credit for reasonable salvage.
PAYMENTS § 56.271. Payment.
The due date for payment of a bill may not be less than 20 days from the date of transmittal; that is, the date of mailing, electronic transmission or physical delivery of the bill by the utility to the customer.
(1) Extension of due date to next business day. If the last day for payment falls on a Saturday, Sunday, bank holiday or other day when the offices of the utility which regularly receive payments are not open to the general public, the due date shall be extended to the next business day.
(2) Date of payment by mail. For a remittance by mail, one or more of the following applies:
(i) Payment shall be deemed to have been made on the date of the postmark.
(ii) The utility may not impose a late payment charge unless payment is received more than 5 days after the due date.
(3) Branch offices or authorized payment agents. The effective date of payment to a branch office or authorized payment agent, unless payment is made by mail under paragraph (2), is the date of actual receipt of payment at that location.
(4) Electronic transmission. The effective date of a payment electronically transmitted to a utility is the date of actual receipt of payment.
(5) Fees. Fees or charges assessed and collected by the utility for utilizing a payment option must be included in the utility's tariff on file at the Commission.
(6) Multiple notifications. When a utility advises a customer of a balance owed by multiple notices or contacts which contain different due dates, the date on or before which payment is due shall be the latest due date contained in any of the notices.
§ 56.272. Accrual of late payment charges.
(a) Every utility subject to this chapter is prohibited from levying or assessing a late charge or penalty on any overdue utility bill, as defined in § 56.271 (relating to payment), in an amount which exceeds 1.5% interest per month on the overdue balance of the bill. These charges are to be calculated on the overdue portions of the bill only. The interest rate, when annualized, may not exceed 18% simple interest per annum.
(b) An additional charge or fixed fee designed to recover the cost of a subsequent rebilling may not be charged by a regulated utility.
(c) Late payment charges may not be imposed on disputed estimated bills, unless the estimated bill was required because utility personnel were willfully denied access to the affected premises to obtain an actual meter reading.
(d) A utility may waive late payment charges on any customer accounts.
§ 56.273. Application of partial payments between utility and other service.
Payments received by a utility without written instructions that they be applied to merchandise, appliances, special services, meter testing fees or other nonbasic charges and which are insufficient to pay the balance due for the items plus amounts billed for basic utility service shall first be applied to the basic charges for residential utility service.
§ 56.274. Application of partial payments among several bills for utility service.
In the absence of written instructions, a disputed bill or a payment agreement, payments received by a utility which are insufficient to pay a balance due both for prior service and for service billed during the current billing period shall first be applied to the balance due for prior service.
§ 56.275. Electronic bill payment.
A utility may offer electronic payment options. Electronic payment programs must include the following requirements:
(1) Electronic bill payment shall be voluntary. A utility may not require a customer to enroll in electronic bill payment as a condition for enrolling in electronic billing.
(2) For electronic bill payment through a charge to a customer's credit card or automatic withdrawal from a customer's financial account, the program must set forth the date (or number of days after issuance of the bill) when the automatic payment shall be made.
(3) The terms of the payment procedures shall be fully disclosed to the customer in writing, either by mail or electronically, before the customer enters the program. Program changes shall be conveyed to the customer in writing, either by mail or electronically, and the customer shall be given an opportunity to withdraw from the program if the customer does not wish to continue under the new terms.
(4) The utility shall provide a receipt, or a confirmation, transaction or reference number, either electronically or on paper, to the customer upon payment through the electronic method. This requirement does not apply if the payment method is through a preauthorized automated debit from a customer's financial account.
(5) The utility shall employ all reasonable measures to protect customer information from unauthorized disclosure and prevent access to customer account records by persons who are not properly authorized to have access.
Subchapter N. CREDIT AND DEPOSITS STANDARDS POLICY PROCEDURES FOR APPLICANTS
Sec.
56.281. Policy statement. 56.282. Credit standards. 56.283. Cash deposits; third-party guarantors. 56.284. Deposits for temporary service. 56.285. Payment of outstanding balance. 56.286. Written procedures. 56.287. General rule. 56.288. Payment period for deposits by applicants. PROCEDURES FOR EXISTING CUSTOMERS
56.291. General rule. 56.292. Payment period for deposits by customers. CASH DEPOSITS
56.301. Amount of cash deposit. 56.302. Deposit hold period and refund. 56.303. Application of deposit to bills. 56.304. Periodic review. 56.305. Refund statement. 56.306. Interest rate. 56.307. Application of interest.
PROCEDURES FOR APPLICANTS § 56.281. Policy statement.
An essential ingredient of the credit and deposit policies of each utility shall be the equitable and nondiscriminatory application of those precepts to potential and actual customers throughout the service area without regard to the economic character of the area or any part thereof. Deposit policies must be based upon the credit risk of the individual applicant or customer rather than the credit history of the affected premises or the collective credit reputation or experience in the area in which the applicant or customer lives and without regard to race, sex, age over 18 years of age, National origin or marital status.
§ 56.282. Credit standards.
A utility shall provide residential service without requiring a deposit when the applicant satisfies one of the following requirements:
(1) Prior utility payment history. The applicant has been a recipient of utility service of a similar type within a period of 24 consecutive months preceding the date of the application and was primarily responsible for payment for the service, so long as:
(i) The average periodic bill for the service was equal to at least 50% of that estimated for new service.
(ii) The service of the applicant was not terminated for nonpayment during the last 12 consecutive months of that prior service.
(iii) The applicant does not have an unpaid balance from that prior service.
(2) Ownership of real property. The applicant owns or has entered into an agreement to purchase real property located in the area served by the utility or is renting the applicant's place of residence under a lease of 1 year or longer in duration, unless the applicant has an otherwise unsatisfactory credit history as a utility customer within 2 years prior to the application for service.
(3) Credit information. The applicant provides information demonstrating that the applicant is not an unsatisfactory credit risk.
(i) The absence of prior credit history does not, of itself, indicate an unsatisfactory risk.
(ii) The utility may request and consider information including:
(A) The name of the employer of the applicant.
(B) The place and length of employment.
(C) Residences during the previous 5 years.
(D) Letters of reference.
(E) Credit cards.
(F) Significant source of income other than from employment.
§ 56.283. Cash deposits; third-party guarantors.
If an applicant does not establish credit under § 56.282 (relating to credit standards), the utility shall provide residential service when one of the following requirements is satisfied:
(1) Cash deposit. The applicant posts a cash deposit.
(2) Third-party guarantor. The applicant furnishes a written guarantee from a responsible customer which, for the purposes of this section, means a customer who has or can establish credit, under § 56.282, to secure payment in an amount equal to that required for cash deposits.
(i) A guarantee must be in writing and state the terms of the guarantee.
(ii) The guarantor shall be discharged when the applicant has met the terms and conditions which apply under §§ 56.302 and 56.303 (relating to deposit hold period and refund; and application of deposit to bills).
§ 56.284. Deposits for temporary service.
Deposits for applicants for temporary service may be required in accordance with § 53.82 (relating to deposits).
§ 56.285. Payment of outstanding balance.
A utility may require, as a condition of the furnishing of residential service to an applicant, the payment of any outstanding residential account with the utility which accrued within the past 4 years from the date of the service request for which the applicant is legally responsible and for which the applicant was billed properly. The 4-year limit does not apply if the balance includes amounts that the utility was not aware of because of fraud or theft on the part of the applicant. An outstanding residential account with the utility may be amortized over a reasonable period of time. Factors to be taken into account include the size of the unpaid balance, the ability of the applicant to pay, the payment history of the applicant and the length of time over which the bill accumulated. A utility may not require, as a condition of the furnishing of residential service, payment for residential service previously furnished under an account in the name of a person other than the applicant unless a court, district justice or administrative agency has determined that the applicant is legally obligated to pay for the service previously furnished. Examples of situations include a separated spouse or a cotenant. This section does not affect the creditor rights and remedies of a utility otherwise permitted by law.
§ 56.286. Written procedures.
A utility shall establish written procedures for determining the credit status of an applicant. A utility employee processing applications or determining the credit status of applicants shall be supplied with or have ready access to a copy of the written procedures of the utility. A copy of these procedures shall be maintained on file in each of the business offices of the utility and made available, upon request, for inspection by members of the public and the Commission and be included on the utility's web site.
(1) Reasons for denial of credit. If credit is denied, the utility shall inform the applicant in writing of the reasons for the denial within 3 business days of the denial. This information may be provided electronically to the applicant with the applicant's consent. If the utility is requiring payment of an unpaid balance in accordance with § 56.285 (relating to payment of outstanding balance), the utility shall specify in writing the amount of the unpaid balance, the dates during which the balance accrued, and the location and customer name at which the balance accrued. The statement must inform the applicant of the right to furnish a third-party guarantor in accordance with § 56.283 (relating to cash deposits; third-party guarantors) and the right to contact the Commission. The statement must include information informing victims of domestic violence with a protection from abuse order that more lenient credit and liability standards may be available.
(2) Informing applicants of procedures. Utility personnel shall fully explain the credit and deposit procedures of the utility to each customer or applicant for service.
(3) Third-party requests for service. Requests from third parties to establish utility service on behalf of an applicant will not be honored until the utility has verified the legitimacy of the request. Verification may be accomplished by any means appropriate to confirm that the applicant consents to service being established or that the third-party is authorized to act on the applicant's behalf.
§ 56.287. General rule.
Once an applicant's application for service is accepted by the utility, the utility shall make a bona fide attempt to provide service within 3 business days, provided that the applicant has met all regulatory requirements. A longer time frame is permissible with the consent of the applicant. If the investigation and determination of credit status is expected to take or in fact takes longer than 3 business days commencing the date after the application is made, the utility shall provide service pending completion of the investigation. If the utility cannot provide service by the time frames specified in this section, the utility shall inform the customer of this fact and provide a reasonable estimate of when service will be provided. These requirements do not apply to new service installations and service extensions that require construction of facilities to provide the utility service.
§ 56.288. Payment period for deposits by applicants.
An applicant may elect to pay any required deposits in three installments: 50% payable upon the determination by the utility that the deposit is required, 25% payable 30 days after the determination and 25% payable 60 days after the determination.
PROCEDURES FOR EXISTING CUSTOMERS § 56.291. General rule.
A utility may require an existing customer to post a deposit to reestablish credit under the following circumstances:
(1) Delinquent accounts. Whenever a customer has been delinquent in the payment of any two consecutive bills or three or more bills within the preceding 12 months.
(i) Prior to requesting a deposit under this section, the utility shall give the customer written notification of its intent to request a cash deposit if current and future bills continue to be paid after the due date.
(A) Notification must clearly indicate that a deposit is not required at this time but that if bills continue to be paid after the due date a deposit will be required.
(B) Notification may be mailed or delivered to the customer together with a bill for utility service.
(C) Notification must set forth the address and phone number of the utility office where complaints or questions may be registered.
(D) A subsequent request for deposit must clearly indicate that a customer should register any question or complaint about that matter prior to the date the deposit is due to avoid having service terminated pending resolution of a dispute. The request must also include the address and telephone number of the utility office where questions or complaints may be registered.
(ii) Except in the case of adjustments to budget billing plans, a utility may issue a notification or subsequent request for a deposit based, in whole or in part, on a delinquent account arising out of a make-up bill as defined in § 56.264 (relating to previously unbilled utility service), under the following conditions:
(A) The utility has complied with § 56.264. Compliance with a payment agreement by the customer discharges the delinquency and a notification or request for deposit may not thereafter be issued based on the make-up bill.
(B) If a make-up bill exceeds the otherwise normal estimated bill by at least 50% and if the customer makes payment in full after the bill is delinquent but before a notification of intent to request a deposit is given to the customer, a notification or request for deposit may not thereafter be issued based on the make-up bill.
(2) Condition to the reconnection of service. A utility may require a deposit as a condition to reconnection of service following a termination.
(3) Failure to comply with payment agreement. A utility may require a deposit, whether or not service has been terminated, when a customer fails to comply with a material term or condition of a payment agreement.
§ 56.292. Payment period for deposits by customers.
The due date for payment of a deposit other than a deposit required as a condition for the reconnection of service under § 56.291(2) (relating to general rule) may not be less than 21 days from the date of mailing or service on the customer of notification of the amount due. A customer may elect to pay a required deposit in three installments: 50% payable upon the determination by the utility that the deposit is required, 25% payable 30 days after the determination and 25% payable 60 days after the determination. A utility shall advise an applicant of the option to pay the requested security deposit in installments at the time the deposit is requested.
CASH DEPOSITS § 56.301. Amount of cash deposit.
(a) Applicants. A utility may not require a cash deposit from an applicant in excess of the average estimated bill of the applicant for a period equal to one billing period plus 1 additional month's service, not to exceed 4 months in the case of water and wastewater utilities and 2 months in the case of gas, electric and steam heat utilities, with a minimum deposit of $5.
(b) Existing customer. For an existing customer, the cash deposit may not exceed the estimated charges for service based on the prior consumption of that customer for the class of service involved for a period equal to one average billing period plus 1 average month, not to exceed 4 months in the case of wastewater utilities and 2 months in the case of gas and steam heat utilities, with a minimum of $5.
(c) Adjustment of deposits. The amount of a cash deposit may be adjusted at the request of the customer or the utility whenever the character or degree of the usage of the customer has materially changed or when it is clearly established that the character or degree of service will materially change in the immediate future.
§ 56.302. Deposit hold period and refund.
A cash deposit shall be refunded under the following conditions:
(1) Termination or discontinuance of service. Upon termination or discontinuance of service, the utility shall promptly apply the deposit of the customer, including accrued interest, to any outstanding balance for utility service and refund or apply the remainder to the customer's account. A transfer of service from one location to another within a service area may not be deemed discontinuance within the meaning of this chapter.
(2) Credit established. When a customer establishes credit under § 56.282 (relating to credit standards), the utility shall refund or apply to the customer's account, any cash deposit plus accrued interest.
(3) Third-party guarantor. When a customer substitutes a third-party guarantor in accordance with § 56.283(2) (relating to cash deposits; third-party guarantors), the utility shall refund any cash deposit, plus accrued interest, up to the limits of the guarantee.
(4) Prompt payment of bills. After a customer has paid bills for service for 12 consecutive months without having service terminated and without having paid a bill subsequent to the due date or other permissible period as stated in this chapter on more than two occasions or for a maximum period of 24 months, the utility shall refund any cash deposit, plus accrued interest.
(5) Optional refund. At the option of the utility, a cash deposit, including accrued interest, may be refunded in whole or in part, at any time earlier than the time stated in this section.
§ 56.303. Application of deposit to bills.
The customer may elect to have a deposit applied to reduce bills for utility service or to receive a cash refund.
§ 56.304. Periodic review.
If a customer is not entitled to refund under § 56.302 (relating to deposit hold period and refund), the utility shall review the account of the customer each succeeding billing period and make appropriate disposition of the deposit in accordance with § 56.302 and § 56.303 (relating to application of deposit to bills).
§ 56.305. Refund statement.
If a cash deposit is applied or refunded, the utility shall mail or deliver to the customer a written statement showing the amount of the original deposit plus accrued interest, the application of the deposit to a bill which had previously accrued, the amount of unpaid bills liquidated by the deposit and the remaining balance.
§ 56.306. Interest rate.
The utility shall accrue interest on the deposit until it is returned or credited the legal rate of interest under section 202 of the act of January 30, 1974 (P. L. 13, No. 6) (41 P. S. § 202), known as the Loan Interest and Protection Law, and return the interest with the deposit.
§ 56.307. Application of interest.
Interest shall be paid annually to the customer, or, at the option of either the utility or the customer, shall be applied to service bills.
Subchapter O. INTERRUPTION AND DISCONTINUANCE OF SERVICE Sec.
56.311. Interruption of service. 56.312. Discontinuance of service. § 56.311. Interruption of service.
A utility may temporarily interrupt service when necessary to effect repairs or maintenance; to eliminate an imminent threat to life, health, safety or substantial property damage; or for reasons of local, State or National emergency.
(1) Interruption with prior notice. When the utility knows in advance of the circumstances requiring the service interruption, prior notice of the cause and expected duration of the interruption shall be given to customers and occupants who may be affected.
(2) Interruption without prior notice. When service is interrupted due to unforeseen circumstances, notice of the cause and expected duration of the interruption shall be given as soon as possible to customers and occupants who may be affected.
(3) Notification procedures. When customers and occupants are to be notified under this section, the utility shall take reasonable steps, such as personal contact, phone contact and use of the mass media, to notify affected customers and occupants of the cause and expected duration of the interruption.
(4) Permissible duration. Service may be interrupted for only the periods of time necessary to protect the health and safety of the public, to protect property or to remedy the situation which necessitated the interruption. Service shall be resumed as soon as possible thereafter.
§ 56.312. Discontinuance of service.
A utility may discontinue service without prior written notice under the following circumstances:
(1) Customer's residence. When a customer requests a discontinuance at the customer's residence, when the customer and members of the customer's household are the only occupants.
(2) Other premises or dwellings. Other premises or dwellings as follows:
(i) When a customer requests discontinuance at a dwelling other than the customer's residence or at a single meter multifamily residence, whether or not the customer's residence but, in either case, only under either of the following conditions:
(A) The customer states in writing that the premises are unoccupied. The statement must be on a form conspicuously bearing notice that information provided by the customer will be relied upon by the Commission in administering a system of uniform service standards for utilities and that any false statements are punishable criminally. When the customer fails to provide a notice, or when the customer has falsely stated the premises are unoccupied, the customer shall be responsible for payment of utility bills until the utility discontinues service.
(B) The occupants affected by the proposed cessation inform the utility orally or in writing of their consent to the discontinuance.
(ii) When the conditions in subparagraph (i) have not been met, the utility, at least 10 days prior to the proposed discontinuance, shall conspicuously post notice of termination at the affected premises.
(A) When the premises is a multifamily residence, notice shall also be posted in common areas.
(B) Notices must, at a minimum, state: the date on or after which discontinuance will occur; the name and address of the utility; and the requirements necessary for the occupant to obtain utility service in the occupant's name. Further termination provisions of this chapter, except § 56.337 (relating to procedures upon customer or occupant contact prior to termination), do not apply in these circumstances.
(C) This section does not apply when the customer is a landlord ratepayer. See 66 Pa.C.S. §§ 1521—1533 (relating to discontinuance of service to leased premises).
Subchapter P. TERMINATION OF SERVICE GROUNDS FOR TERMINATION
Sec.
56.321. Authorized termination of service. 56.322. Timing of termination. 56.323. Unauthorized termination of service. NOTICE PROCEDURES PRIOR TO TERMINATION
56.331. General notice provisions and contents of termination notice. 56.332. Notice when dispute pending. 56.333. Personal contact. 56.334. Procedures immediately prior to termination. 56.335. Deferred termination when no prior contact. 56.336. Post-termination notice. 56.337. Procedures upon customer or occupant contact prior to termination. 56.338. Exception for terminations based on occurrences harmful to person or property. 56.339. Use of termination notice solely as collection device prohibited. 56.340. Winter termination procedures. EMERGENCY PROVISIONS
56.351. General provision. 56.352. Postponement of termination pending receipt of certificate. 56.353. Medical certifications. 56.354. Length of postponement; renewals. 56.355. Restoration of service. 56.356. Duty of customer to pay bills. 56.357. Termination upon expiration of medical certification. 56.358. Right of utility to petition the Commission. THIRD-PARTY NOTIFICATION
56.361. Third-party notification.
GROUNDS FOR TERMINATION § 56.321. Authorized termination of service.
Utility service to a dwelling may be terminated for one or more of the following reasons:
(1) Nonpayment of an undisputed delinquent account.
(2) Failure to post a deposit, provide a guarantee or establish credit.
(3) Unreasonable refusal to permit access to meters, service connections and other property of the utility for the purpose of maintenance, repair or meter reading.
(4) Unauthorized use of the utility service delivered on or about the affected dwelling.
(5) Failure to comply with the material terms of a payment agreement.
(6) Fraud or material misrepresentation of identity for the purpose of obtaining utility service.
(7) Tampering with meters or other utility equipment.
(8) Violating tariff provisions on file with the Commission so as to endanger the safety of a person or the integrity of the energy delivery system of the utility.
§ 56.322. Timing of termination.
Except in emergencies—which include unauthorized use of utility service—service may not be terminated, for nonpayment of charges or for any other reason, during the following periods:
(1) On Friday, Saturday or Sunday.
(2) On a bank holiday or on the day preceding a bank holiday.
(3) On a holiday observed by the utility or on the day preceding the holiday. A holiday observed by a utility means any day on which the business office of the utility is closed to observe a legal holiday, to attend utility meetings or functions or for any other reason.
(4) On a holiday observed by the Commission or on the day preceding the holiday.
§ 56.323. Unauthorized termination of service.
Unless expressly and specifically authorized by the Commission, service may not be terminated nor will a termination notice be sent for any of the following reasons:
(1) Nonpayment for concurrent service of the same class received at a separate dwelling. This does not include concurrent service periods of 90 days or less accrued during the transfer of service from one location to another.
(2) Nonpayment for a different class of service received at the same or a different location. Service may be terminated, however, when, under the tariff of the utility, a change in classification is necessitated upon the completion of construction work previously billed at a different rate applicable during construction.
(3) Nonpayment, in whole or in part of nonbasic charges for leased or purchased merchandise, appliances or special services including, but not limited to, merchandise and appliance installation fees, rental and repair costs; meter testing fees; special construction charges; and other nonrecurring or recurring charges that are not essential to delivery or metering of service, except as provided in this chapter.
(4) Nonpayment of bills for delinquent accounts of the prior customer at the same address.
(5) Nonpayment of a deposit which is based, in whole or in part, on a delinquent account arising out of a make-up bill as defined in § 56.264 (relating to previously unbilled utility service) and the customer has complied with § 56.291(1)(ii)(A) or (B) (relating to general rule).
(6) Noncompliance with a payment agreement prior to the due date of the bill which forms the basis of the agreement.
(7) Nonpayment of charges for utility service for which the utility ceased billing more than 4 years prior to the date the bill is rendered.
(8) Nonpayment for residential service already furnished in the names of persons other than the customer unless a court, district justice or administrative agency has determined that the customer is legally obligated to pay for the service previously furnished. This paragraph does not affect the creditor rights and remedies of a utility otherwise permitted by law.
(9) Nonpayment of charges calculated on the basis of estimated billings, unless the estimated bill was required because utility personnel were unable to gain access to the affected premises to obtain an actual meter reading on two occasions and have made a reasonable effort to schedule a meter reading at a time convenient to the customer or occupant, or a subsequent actual reading has been obtained as a verification of the estimate prior to the initiation of termination procedures.
(10) Nonpayment of delinquent accounts which accrued over two billing periods or more, which remain unpaid in whole or in part for 6 months or less, and which amount to a total delinquency of less than $25.
(11) Nonpayment of delinquent accounts when the amount of the deposit presently held by the utility is within $25 of account balance.
NOTICE PROCEDURES PRIOR TO TERMINATION § 56.331. General notice provisions and contents of termination notice.
(a) Prior to a termination of service, the utility shall mail or deliver written notice to the customer at least 10 days prior to the date of the proposed termination. In the event of a user without contract as defined in § 56.252 (relating to definitions), the utility shall comply with §§ 56.333—56.337, but does not need to provide notice 10 days prior to termination.
(b) A notice of termination must include, in conspicuous print, clearly and fully the following information when applicable:
(1) The reason for the proposed termination.
(2) An itemized statement of amounts currently due, including any required deposit.
(3) A statement that a reconnection fee will be required to have service restored after it has been terminated if a reconnection fee is a part of the tariff of the utility on file with the Commission. The statement must include the maximum possible dollar amount of the reconnection fee that may apply.
(4) The date on or after which service will be terminated unless one of the following occurs:
(i) Payment in full is received.
(ii) The grounds for termination are otherwise eliminated.
(iii) A payment agreement is established.
(iv) Enrollment is made in a customer assistance program or its equivalent, if the customer is eligible for the program.
(v) A dispute is filed with the utility or the Commission.
(vi) Payment in full of amounts past due on the most recent payment agreement is received.
(5) A statement that the customer should immediately contact the utility to attempt to resolve the matter. The statement must include the address and telephone number where questions may be asked, how payment agreements may be negotiated and entered into with the utility, and where applications can be found and submitted for enrollment into the utility's universal service programs, if these programs are offered by the utility.
(6) The following statement: ''If you have questions or need more information, contact us as soon as possible at (utility phone number). After you talk to us, if you are not satisfied, you may file a complaint with the Public Utility Commission. The Public Utility Commission may delay the shut off if you file the complaint before the shut off date. To contact them, call (800) 692-7380 or write to the Pennsylvania Public Utility Commission, P. O. Box 3265, Harrisburg, Pennsylvania 17105-3265.''
(7) A serious illness notice in compliance with the form in Appendix A (relating to medical emergency notice) except that, for the purpose of § 56.336 (relating to post-termination notice), the notice must comply with the form in Appendix B (relating to medical emergency notice).
(8) If the utility has universal service programs, information indicating that special assistance programs may be available and how to contact the utility for information and enrollment, and that enrollment in the program may be a method of avoiding the termination of service.
(9) Information indicating that special protections are available for victims under a protection from abuse order and how to contact the utility to obtain more information on these protections.
(10) Information indicating that special protections are available for tenants if the landlord is responsible for paying the utility bill and how to contact the utility to obtain more information on these protections.
(11) Information indicating that if service is shut off, the customer may be required to pay more than the amount listed on the notice to have service turned back on.
(12) Information indicating that if service is shut off, the customer shall contact the utility after payment has been made to arrange reconnection of the service.
(13) Information in Spanish directing Spanish-speaking customers to the numbers to call for information and translation assistance. Similar information shall be included in other languages when census data indicates that 5% or more of the residents of the utility's service territory are using that language.
(14) Contact information for customers with disabilities that need assistance.
§ 56.332. Notice when dispute pending.
A utility may not mail or deliver a notice of termination if a notice of initial inquiry, dispute, informal or formal complaint has been filed and is unresolved and if the subject matter of the dispute forms the grounds for the proposed termination. A notice mailed or delivered in contravention of this section is void.
§ 56.333. Personal contact.
(a) Except when authorized under § 56.311, § 56.312 or § 56.338 (relating to interruption of service; discontinuance of service; and exception for terminations based on occurrences harmful to person or property), a utility may not interrupt, discontinue or terminate service without personally contacting the customer or a responsible adult occupant at least 3 days prior to the interruption, discontinuance or termination, in addition to providing other notice as specified by the properly filed tariff of the utility or as required under this chapter or other Commission directive.
(b) For purposes of this section, ''personal contact'' means:
(1) Contacting the customer or responsible adult occupant in person or by telephone. Phone contact shall be deemed complete upon attempted calls on 2 separate days to the residence between 8 a.m. and 9 p.m. if the calls were made at various times each day, with the various times of the day being daytime before 5 p.m. and evening after 5 p.m. and at least 2 hours apart. Calls made to contact telephone numbers provided by the customer shall be deemed to be calls to the residence.
(2) If contact is attempted in person by a home visit, only one attempt is required. The utility shall conspicuously post a written termination notice at the residence if it is unsuccessful in attempting to personally contact a responsible adult occupant during the home visit.
(3) Contacting another person whom the customer has designated to receive a copy of a notice of termination, other than a member or employee of the Commission.
(4) If the customer has not made the designation noted in paragraph (3), contacting a community interest group or other entity, including a local police department, which previously shall have agreed to receive a copy of the notice of termination and to attempt to contact the customer.
(5) If the utility is not successful in establishing personal contact as noted in paragraphs (1) and (2) and the customer has not made the designation noted in paragraph (3) and if there is no community interest group or other entity which previously has agreed to receive a copy of the notice of termination, contacting the Commission in writing.
(c) The content of the 3-day personal contact notice must include the earliest date at which termination may occur and the following information:
(1) The date and grounds of the termination.
(2) What is needed to avoid the termination of service.
(3) How to contact the utility and the Commission.
(4) The availability of the emergency medical procedures.
(d) The utility shall ask if the customer or occupant has questions about the 10-day written notice the utility previously sent.
§ 56.334. Procedures immediately prior to termination.
Immediately preceding the termination of service, a utility employee, who may be the utility employee designated to perform the termination, shall attempt to make personal contact with a responsible adult occupant at the residence of the customer.
(1) Termination prohibited in certain cases. If evidence is presented which indicates that payment has been made, a serious illness or medical condition exists, or a dispute or complaint is properly pending or if the employee is authorized to receive payment and payment in full is tendered in any reasonable manner, then termination may not occur. However, if the disputing party does not pay all undisputed portions of the bill, termination may occur.
(2) Methods of payment. Payment in any reasonable manner includes payment by personal check unless the customer within the past year has tendered a check which has been returned for insufficient funds or for which payment has been stopped.
§ 56.335. Deferred termination when no prior contact.
If a prior contact has not been made with a responsible adult occupant either at the residence of the customer, as required under § 56.334 (relating to procedures immediately prior to termination) or at the affected dwelling, the employee may not terminate service but shall conspicuously post a termination notice at the residence of the customer and the affected dwelling, advising that service will be disconnected not less than 48 hours from the time and date of posting.
§ 56.336. Post-termination notice.
When service is actually terminated, notice that reflects the requirements in § 56.331 (relating to general notice provisions and contents of termination notice) as well as a medical emergency notice in the form which appears in Appendix B (relating to medical emergency notice) shall be delivered to a responsible adult occupant at the residence of the customer or conspicuously posted at the affected premises.
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