PROPOSED RULEMAKING
PENNSYLVANIA PUBLIC UTILITY COMMISSION
[ 52 PA. CODE CH. 56 ]
[ L-2015-2508421 ]
Standards and Billing Practices for Residential Public Utility Service
[47 Pa.B. 965]
[Saturday, February 18, 2017]The Pennsylvania Public Utility Commission (Commission), on July 21, 2016, adopted a proposed rulemaking order to amend Chapter 56 (relating to standards and billing practices for residential public utility service) to comply with the amended provisions of 66 Pa.C.S. Chapter 14 (relating to responsible utility customer protection).
Executive Summary
Act 155 of 2014 reauthorized and amended Chapter 14 of the Public Utility Code (66 Pa.C.S. §§ 1401—1419), Responsible Utility Customer Protection. The Act is intended to protect responsible bill paying customers from rate increases attributable to the uncollectible accounts of customers by providing public utilities with the collection mechanisms and procedures to promote timelier collections, while protecting vulnerable customers by ensuring that utility service remains available to all customers on reasonable terms and conditions. The legislation is applicable to electric distribution utilities, water distribution utilities, natural gas distribution utilities, steam heat utilities, and wastewater utilities. Chapter 56 of the Pennsylvania Code at 52 Pa. Code §§ 56.1 et seq. (relating to standards and billing practices for residential utility service) must be revised because amended Chapter 14 supersedes a number of Chapter 56 regulations, and the Commission is directed to revise Chapter 56 and promulgate regulations to administer and enforce Chapter 14. Pursuant to the authority of Sections 501, 1301, 1501, and 1509 of the Public Utility Code, the Commission is amending its existing regulations in Chapter 56 of the Pennsylvania Code.
Public Meeting held
July 21, 2016Commissioners Present: Gladys M. Brown, Chairperson; Andrew G. Place, Vice Chairperson; John F. Coleman, Jr.; Robert F. Powelson; David W. Sweet, absent
Rulemaking to Amend the Provisions of 52 Pa. Code, Chapter 56 to Comply with the Amended Provisions of 66 Pa.C.S. Chapter 14; Doc. No. L-2015-2508421
Notice of Proposed Rulemaking Order By the Commission:
On October 22, 2014, Governor Corbett signed into law HB 939, or Act 155 of 2014. This law became effective on December 22, 2014. The Act reauthorized and amended Chapter 14 of the Public Utility Code (66 Pa.C.S. §§ 1401—1419) (Responsible Utility Customer Protection). The Act is intended to protect responsible bill paying customers from rate increases attributable to the uncollectible accounts of customers by providing public utilities with the collection mechanisms and procedures to promote timelier collections, while protecting vulnerable customers by ensuring that utility service remains available to all customers on reasonable terms and conditions. The legislation is applicable to electric distribution utilities, water distribution utilities, natural gas distribution utilities, steam heat utilities, and wastewater utilities.
Chapter 56 of the Pennsylvania Code at 52 Pa. Code §§ 56.1—56.461 (relating to the standards and billing practices for residential utility service) must be revised because the amended Chapter 14 supersedes a number of Chapter 56 regulations, and the Commission is directed to revise Chapter 56 and promulgate regulations to administer and enforce Chapter 14. Five years after the effective date and every five years thereafter, the Commission also must report to the General Assembly regarding the implementation and effectiveness of the amended Act. Chapter 14 expires on December 31, 2024, unless reenacted.
As the initial step of the implementation process, on December 10, 2014, the Commission issued a Secretarial Letter alerting all affected utilities to some of the more significant provisions of Chapter 56 that have been superseded by Act 155.1 On that same day, the Commission issued another Secretarial Letter directed to steam heat, wastewater, and natural gas distribution utilities reminding them that Act 155 now makes Chapter 14 applicable to all of these entities.2
Secondly in the implementation process, the Commission, in a January 15, 2015 Tentative Order, proposed to start addressing the more urgent implementation matters. See Tentative Order, Chapter 14 Implementation, Docket Number M-2014-2448824 (Order entered January 15, 2015) (Tentative Order). The comments from this Tentative Order assisted us with drafting these regulations.
In reviewing Act 155, the Commission identified in the Tentative Order the following two issues as being the most need of immediate attention:
• Section 1403, Definition of Medical Certificate: The Commission is approving the ''form'' that a medical certificate must take.
• Section 1410.1(3) and (4): Utility reporting requirements concerning accounts with arrearages in excess of $10,000.00 and annual reporting of medical certificate usage.
Sixteen interested parties submitted comments in response to the Tentative Order: Aqua Pennsylvania (Aqua); the Coalition for Affordable Utility Service and Energy Efficiency in Pennsylvania (CAUSE); Columbia Gas of PA (Columbia); the Consumer Advisory Council (CAC); the Disability Rights Network of Pennsylvania, MidPenn Legal Services, Neighborhood Legal Services Association and the Pennsylvania Health Law Project (collectively DRN); Duquesne Light (Duquesne); Energy Association of Pennsylvania (EAP); Metropolitan Edison Company, Pennsylvania Electric Company, Pennsylvania Power Company and West Penn Power Company (FirstEnergy); MidPenn Legal Services—Lancaster County (MidPenn); National Fuel Gas Distribution Corporation (NFGDC); the Office of Consumer Advocate (OCA); PECO Energy Company (PECO); the Philadelphia Gas Works (PGW); Peoples Natural Gas (Peoples); PPL Electric Utilities Corporation (PPL); and the Tenant Union Representative Network and Action Alliance of Senior Citizens of Greater Philadelphia (collectively TURN).
On July 9, 2015, the Commission issued Final Order, Chapter 14 Implementation, Docket No. M-2014-2448824 (Order entered July 9, 2015) (Implementation Order). In the Implementation Order, the Commission issued guidance as to the form and content of a medical certificate. Additionally, we summarized our guidelines for 66 Pa.C.S. § 1410.1(3) (relating to public utility duties) regarding reporting requirements for accounts exceeding $10,000 in arrearages. We further summarized our guidelines for Section 1410.1(4) (relating to public utility duties) regarding reporting requirements for medical certificates. We ask that the parties comment further on these guidelines and the proposed amendments reflecting them in Chapter 56 at Annex A, 52 Pa. Code §§ 56.2, 56.252, 56.113, 56.353, 56.231, and 56.461.
At this point in our implementation process, we have addressed numerous issues involving the application of the amended Chapter 14 provisions. However, we must still address the remaining amended Chapter 14 provisions, including amending the definitions of applicant, customer, and public utility, and clarifying 90-day deposit payment period, revised credit methodology, and the expanded protection from abuse orders (PFAs) to include other court orders. With this Order, we propose revised Chapter 56 provisions to incorporate these amended statutory provisions into our regulations.
Upon consideration of the amended Chapter 14 and all of the comments received to date, we propose adoption of the regulations set forth in Annex A. This action continues the process of revising our Chapter 56 regulations. As provided for under law at 71 P.S. § 745.5, the Commission now seeks comments on the proposed regulations. Persons submitting comments are requested to provide supporting justification for requested revisions and to propose suggested regulatory language for incorporation into the final-form regulations.
Additionally, we are seeking comments from parties relating to the protection from abuse (PFA) subchapters L—V and the language in the amended 66 Pa.C.S. § 1417, ''or a court order issued by a court of competent jurisdiction in this Commonwealth, which provides clear evidence of domestic violence against the applicant or customer.'' Commentators should include suggested language relating to these other court orders.
We are also seeking comments from parties on material that should be included in the Commission's privacy guidelines. Amended Chapter 14 referenced the Commission's privacy guidelines at 66 Pa.C.S. § 1406(b)(1)(ii)(D) (relating to notice of termination of service) that emails, text messages or other electronic messaging must be consistent with the Commission's privacy guidelines.
Commentators should also include in their comments a specific estimate of the costs and/or savings associated with compliance with these proposed changes, including any legal, accounting, or consulting procedures which may be required and explain how the dollar estimates were derived.
In addition to the changes to make Chapter 56 consistent with the amended Chapter 14, we also are proposing changes to align with other recent regulatory changes such as those in Chapter 57 (relating to electric service) intended to accelerate the switching of electric generation service (52 Pa. Code §§ 57.1—57.259). We also propose some minor revisions to Section 56.100(i) to clarify what is expected of the February winter survey update. Additionally, we are proposing a change to clarify that the burden of proof remains with the party who filed the informal complaint at Sections 56.173 and 56.403. Finally, we propose some minor revisions to the collections reporting data dictionary in the Appendix C to Chapter 56 to help alleviate some confusion and to make the Chapter 56 reporting requirements more consistent with those found in Chapters 54 and 62 (relating to electricity generation customer choice and natural gas supply customer choice) (52 Pa. Code §§ 54.75 and 62.5). For a summary of all changes and additions to Chapter 56, see Attachment One to this Order.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P.S. § 745.5(a)), on February 6, 2017, the Commission submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House Consumer Affairs Committee and the Senate Consumer Protection and Professional Licensure Committee. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria in section 5.2 of the Regulatory Review Act (71 P.S. § 745.5b) which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Commission, the General Assembly and the Governor of comments, recommendations or objections raised.
Order
Accordingly, under sections 501, 504, and 1401—1418 of the Public Utility Code (66 Pa.C.S. §§ 501—504 and 1401—1418); sections 201 and 202 of the act of July 31, 1968 (P.L. 769, No. 240) (45 P.S. §§ 1201 and 1202), and the regulations promulgated thereunder at 1 Pa. Code §§ 7.1, 7.2 and 7.5; section 204(b) of the Commonwealth Attorneys Act (71 P.S. § 732.204(b)); section 5 of the Regulatory Review Act (71 P.S. § 745.5); and section 612 of The Administrative Code of 1929 (71 P.S. § 232), and the regulations promulgated thereunder at 4 Pa. Code §§ 7.231—7.234, we are considering adopting the proposed regulations set forth in Annex A; Therefore,
It Is Ordered That:
1. A proposed rulemaking be opened to consider the regulations set forth in Annex A.
2. The Law Bureau shall submit this Order and Annex A to the Office of Attorney General for review as to form and legality and to the Governor's Budget Office for review for fiscal impact.
3. The Law Bureau shall submit this Order and Annex A for review and comment to the Independent Regulatory Review Commission and Legislative Standing Committees.
4. The Law Bureau shall deposit this Order, Attachment One and Annex A, with the Legislative Reference Bureau to be published in the Pennsylvania Bulletin.
5. Interested parties may submit written comments, within 60 days from the date the notice is published in the Pennsylvania Bulletin, to Rosemary Chiavetta, Secretary of the Pennsylvania Public Utility Commission, Pennsylvania Public Utility Commission, P.O. Box 3265, Harrisburg, PA 17105-3265. The comments should reference the docket number of the proposed rulemaking. All comments shall be posted on the Commission website.
6. The Secretary shall serve this Order upon all jurisdictional electric utilities, natural gas utilities, steam, water, and wastewater utilities, electric generation suppliers, natural gas suppliers, the Office of Consumer Advocate, the Office of Small Business Advocate, and all parties that submitted comments at this Docket. The Order, Attachments and Annex A shall be posted and made available electronically on the Commission's website. Additionally, the Order, with Attachment and Annex A will be published by the Pennsylvania Bulletin, and a copy of each may also be obtained by calling the Secretary's Bureau at (717) 772-7777 or the Law Bureau at (717) 787-5000.
7. The contact persons for this matter are Daniel Mumford in the Office of Competitive Market Oversight, (717) 783-1957, Matthew Hrivnak in the Bureau of Consumer Services, (717) 783-1678, and Patricia T. Wiedt in the Law Bureau, (717) 787-5000.
ROSEMARY CHIAVETTA,
SecretaryFiscal Note: 57-315. No fiscal impact; (8) recommends adoption.
Attachment One § 56.1. Statement of purpose and policy.
We are revising this section to expand the applicability of subchapters B—K to wastewater, steam heat and small natural gas companies, in order to align with the revised definition of public utility at 66 Pa.C.S. § 1403 (relating to definitions). Additionally, to align with revised 66 Pa.C.S. § 1417 (relating to nonapplicability), we are also revising this section to clarify that subchapters L—V now apply to not only all customers who have been granted protection from abuse orders but also to customers with a court order providing clear evidence of domestic violence against the applicant or customer and issued by a court of competent jurisdiction in this Commonwealth.
§ 56.2. Definitions.
We are revising the definitions of applicant, customer, and public utility to reflect the revised Chapter 14 definition at 66 Pa.C.S. § 1403. We also are adding the definitions of creditworthiness and medical certificate to this Section because they now appear in the revised 66 Pa.C.S. § 1403. We are changing the definition of payment agreement to payment arrangement to reflect the change in terminology in Chapter 14. We are changing this term throughout subchapters B—K wherever the term payment agreement was used. We are adding the definitions of small natural gas distribution utility, steam heat utility and wastewater utility to this section to reflect that these entities are now covered by subchapters B—K (see above concerning Section 56.1, Statement of purpose and policy). Because these entities are now all considered public utilities by Chapter 14 and are no longer treated distinctly, we have changed the term ''utility'' to ''public utility'' throughout the chapter. We also are adding a definition of physician assistant since Chapter 14 now permits the filing of medical certificates by physician assistants. Accordingly, we think it is important that this term be defined. This definition is based upon 49 Pa. Code § 18.151(b) (relating to the role of physician assistant).
We propose revising the definition of billing month to allow short-period bills in instances where a customer's change of commodity supplier necessitates the issuance of a short-period bill in order to effectuate a timely switch of supplier. Recent regulatory changes intended to accelerate the switching of electric generation service now make it possible to switch commodity service in as little as three business days. See 52 Pa. Code §§ 57.173, 57.174 and 57.180 (relating to customer contacts the EGS to request a change in electric supply service; time frame requirement; and implementation). Some utilities, as part of the switching process, will issue a short-period bill to conclude the customer's connection with his or her current supplier, so that billing with the new supplier can start within the three business day timeframe. The Commission has already issued temporary waivers of the current Section 56.1 definition of billing month to facilitate this process,3 and we believe it is necessary to codify this change in billing procedures to eliminate the need for repeated waivers in the future.
§ 56.12. Meter reading; estimated billing; customer readings.
We propose adding a new paragraph (6)—Verification of automatic meter reading to incorporate the new requirement at Section 1411 of the Public Utility Code (relating to automatic meter readings) that utilities verify meter readings at the request of the customer.
§ 56.32. Security and cash deposits.
We propose to revise subsection (a) and to add a new subsection (d) to align with the new deposit payment timeframes provided for in Section 1404(a) (related to cash deposits and household information requirements). Additionally, we propose revising subsection (a)(2) to note that creditworthiness standards must be provided in a Commission-approved tariff, per Section 1404(a)(2). We propose a new subsection (e) to align with the new Section 1404(a.1) prohibition on customer assistance program (CAP)-eligible customers and applicants paying deposits.
§ 56.36. Written procedures.
We propose revising subsection (b) to include incorporation into the utility's written credit procedures the above-noted deposit exception for CAP-eligible applicants, per Section 1404(a.1). We also propose including in the procedures the availability of alternative credit standards, pursuant to Section 1417, for applicants with a court order issued by a court of competent jurisdiction in this Commonwealth which provides clear evidence of domestic violence, in addition to the those applicants who have been granted protection from abuse orders. We likewise propose revising paragraph (b)(1) to include a requirement that utilities provide this information to applicants in writing when credit is denied.
§ 56.38. Payment period for deposits by applicants.
We propose revising subsection (a) to align with the new deposit payment timeframes provided for in Section 1404(a) that an applicant has up to 90 days to pay the deposit.
§ 56.41. General rule.
We propose adding a new paragraph (4) to align with the new Section 1404(a.1) prohibition on CAP-eligible customers and applicants paying deposits.
§ 56.42. Payment period for deposits by customers.
We are revising subsection (d) to align with the new 90 day deposit payment timeframes provided for in Section 1404(a).
§ 56.53. Deposit hold period and refund.
We are eliminating the 24-month deposit retention limit in subsection (a) to align with the same elimination in Section 1404(c)(1).
§ 56.57. Interest rate.
The mechanism for determining the interest rate applied to security deposits is being changed to align with the change at Section 1404(c)(6).
§ 56.82. Timing of Termination.
Section 1406(d) now only allows a utility to terminate service (for the grounds found at 1406(a) (relating to authorized termination)) Monday through Thursday. We propose revising § 56.82 to align with this new restriction.
§ 56.91. General notice provisions and contents of termination notice.
We are revising the information directed to customers on written 10-day termination notices in paragraph (b)(11) to include notice to customers that, pursuant to Section 1417, the special protections available for victims under a protection from abuse order are now also available to those customers with a court order providing clear evidence of domestic violence and issued by a court of competent jurisdiction in this Commonwealth.
§ 56.93. Personal contact.
We are revising this section to provide for the optional use of electronic messaging for providing three-day personal notice of termination, per Section 1406(b). We invite comment on the privacy protections and customer consent practices that should be required in the context of electronic messaging. See 66 Pa.C.S. § 1406(b)(1)(ii)(C) and (D).
§ 56.94. Procedures immediately prior to termination.
We are revising paragraph (3), addressing procedures for handling dishonored payments in the context of the termination process, to align with Section 1406(h) (relating to termination of utility service) that termination of service may proceed if a customer tenders payment electronically that is subsequently dishonored, revoked, canceled or is otherwise not authorized and which has not been cured or otherwise made full payment within three business days of the utility's notice to the customer.
§ 56.97. Procedures upon customer or occupant contact prior to termination.
We are revising paragraph (a)(3) to require utilities to provide universal service program information to consumers upon contact from a consumer during the termination process pursuant to Section 1410.1(1) and (2) (relating to public utility duties).
§ 56.100. Winter termination procedures.
We are revising subsection (i) to clarify that the February update of the survey of households without heating service in the winter is to include households terminated in December. Commission staff and utilities have encountered questions about this requirement because the current language is unclear on this point. By failing to include any December terminations, the survey result reported by utilities on February 1 is not a complete picture of the households without utility service in the winter. This proposed revision is intended to correct that possible problem.
§ 56.111. General provision.
The revised Chapter 14 now includes a definition of medical certificate at Section 1403, so we propose to remove the definitional information from Section 56.111 and place it in the definitions at Section 56.2. We also refer to physician assistant in addition to physician and nurse practitioner in order to align with the new definition at Section 1403.
§ 56.113. Medical certifications.
The Commission, in a January 15, 2015 Tentative Order, proposed to start addressing the more urgent Chapter 14 implementation matters. See Tentative Order, Chapter 14 Implementation, Docket Number M-2014-2448824 (Order entered January 15, 2015) (Tentative Order). In this Tentative Order, the Commission identified the Section 1403 definition of Medical Certificate and the ''form'' that a medical certificate must take as an urgent priority and asked parties to submit comments. Upon careful review of the comments filed by sixteen participating parties, on July 9, 2015, the Commission issued Chapter 14 Implementation Final Order, Docket No. M-2014-2448824 (Order entered July 9, 2015) (Implementation Order). In the Implementation Order, the Commission issued guidance as to the form and content of a medical certificate, and directed that this guidance will remain applicable until this matter can be more fully addressed in a Chapter 56 rulemaking.
To summarize the guidance the Commission provided in the Implementation Order as to the form a medical certificate shall take in accordance with Section 1403:
1. A written letter or note is permissible as long as it includes the required content.
2. Utilities may develop a form and encourage its use—but its use cannot be mandatory.
3. Utilities that develop such a form are encouraged to make these readily available to medical professionals and customers, including placement on the utility's website.
4. Electronic signatures are valid.
5. Medical certificates that are electronically transmitted (i.e. faxed, emailed, etc.) are valid.
To summarize our guidance as to the content of medical certificates, superseding the regulation at 52 Pa. Code § 56.113(1)—(5):
1. All certifications must be written. The initial oral medical certification with a 7-day window to verify in writing is no longer valid.
2. The name and address of the customer or applicant in whose name the account is registered.
3. The name and address of the afflicted person and relationship to the customer or applicant.
4. The anticipated length of the affliction.
5. The name, office address, and telephone number of the certifying physician, nurse practitioner, or physician assistant.
6. The signature of the certifying physician, nurse practitioner, or physician assistant.
As we explained in the Implementation Order, we do not read the Section 1403 definition of medical certificate to literally mean ''a form.'' The word ''form'' in this section is used more in the sense of ''manner'' as in ''a manner approved by the Commission.'' Utilities are free to develop a standard ''form'' and can encourage its use, its usecannot be mandatory. We encouraged utilities to make any such form readily available, including ideally placing such form on each utility's website. In this rulemaking order, we propose that if the utility has a medical certificate form that they are required to place this form on the utility's website. Some parties in this proceeding suggested that a collaborative develop a single, statewide standard form—an idea that we agreed may have merit but should await the promulgation of the Chapter 56 medical certification regulations.
Also concerning the form of the medical certificate, the Commission declared that, in adding the definition of medical certificate to Chapter 14, the General Assembly gave clear and unambiguous direction on two key aspects of medical certificates: (1) that they must be written documents; and (2) that they must be signed. Accordingly, the Section 56.113 allowance of verbal medical certificates is legally incompatible with this new definition. Allowing the status quo regarding verbal medical certificates to continue would subvert the intent of the legislature's inclusion of the ''written'' and ''signed'' requirements. All medical certifications must be written.4 Therefore, the initial oral certification with a 7-day window to verify in writing is no longer valid. 52 Pa. Code § 56.113 (relating to medical certifications). We also noted that this interpretation does not change the current regulation at 52 Pa. Code § 56.112 which provides for a three-day postponement of termination pending receipt of a medical certificate.
As for the contents of a medical certificate at Section 56.113, several parties identified a major concern—specifically the requirements in Section 56.113(3) and (4) which require the medical certificate to include the ''nature and anticipated length of the affliction'' and the ''specific reason for which the service is required.'' Some parties pointed out that this requires the medical professional to divulge information about the patient's medical condition to the utility—contrary to the privacy and confidentiality of personal medical information that patients have come to expect. The Commission agreed that the ''nature'' of the affliction found at 52 Pa. Code § 56.113(3) and the specific reason for which service is required found at 52 Pa. Code § 56.113(4) were no longer appropriate nor are they needed. Accordingly, we propose eliminating the ''nature'' of the affliction and ''the specific reason for which service is required'' as part of this regulation. However, we do not see the ''length of the affliction'' at 52 Pa. Code § 56.113(3) in this same subsection as being contrary to patient expectations of privacy; in fact, the utility needs to know this information so as to determine the duration of the medical certificate. See 52 Pa. Code § 56.114. Some parties have suggested that the medical professional's license number be included as a required element on a medical certificate. We invite parties to comment on this possibility.
We also invite parties to comment on any other medical certificate issues they think need to be addressed. For example, some parties have previously asked the Commission to clarify or revise the payment obligations of customers while protected by a medical certificate. See 52 Pa. Code § 56.116. Some parties have asked that the obligation to pay include not only current bills, but also payment towards the arrears. We ask parties that comment on this issue to include an analysis of the ability of the Commission to order payment arrangements be nego- tiated in these situations in the context of the restrictions upon the Commission found in Section 1405. See 66 Pa.C.S. § 1405 (relating to payment arrangements).
§ 56.163. Commission informal complaint procedure.
We propose adding language to paragraph (1) to permit an informal complainant to receive a copy of the documents the utility provides Commission staff in response to an informal complaint. The opportunity to review this information is intended to protect the complainant's due process rights. We acknowledge that there may be some relatively rare instances where these documents may refer to parties other than the complainant. In these instances, the utility is directed to redact any information that may compromise the privacy or personal security of a third party.
§ 56.173. Review from informal complaint decisions of the Bureau of Consumer Services.
We propose revising this language to clarify that the burden of proof remains with the party who filed the informal complaint. This language simply makes this provision consistent with existing Commission practices.
§ 56.191. Payment and timing.
We are revising paragraph (c)(1) to ensure that the information notifying customers of the special protections that may be available for victims under a protection from abuse order may also now be available to those customers with a court order issued by a court of competent jurisdiction in this Commonwealth, which provides clear evidence of domestic violence, pursuant to Section 1417. See 66 Pa.C.S. § 1417 (relating to nonapplicability).
We are also adding subsection (f) to address procedures for handling dishonored payments tendered by a customer to reconnect service, per Section 1407(c)(3).
§ 56.201. Public information.
We are revising paragraph (b)(13) to ensure that the information directed to customers concerning the special protections that may be available for victims under a protection from abuse order may now also be available to those customers with a court order issued by a court of competent jurisdiction in this Commonwealth, which provides clear evidence of domestic violence under Section 1417. See 66 Pa.C.S. § 1417 (relating to nonapplicability).
§ 56.231. Reporting requirements.
We propose adding a new requirement at paragraph (a)(13) that requires the utility to report on its usage of electronic formats since Section 1406(b)(1)(ii)(C) now permits utilities to provide 3-day notice of termination by this method in addition to the current reporting of notices by telephone and in person.
We are adding subsections (b)(11), (b)(12), and (c) to incorporate the new reporting requirement at Section 1410.1(3) and (4) involving the annual reporting of accounts exceeding $10,000 in arrears and the number of medical certificates used by consumers. 66 Pa.C.S. § 1410 (relating to public utility duties). In its Tentative Order, the Commission identified the new reporting requirements at Section 1410.1 as a priority and asked parties to submit comments. In its Implementation Order, the Commission issued guidance as to how utilities should comply with these new reporting requirements, and directed that this guidance will remain applicable until this matter can be more fully addressed in a Chapter 56 rulemaking.
Concerning the annual reporting of medical certificate usage, many parties summarized three possible interpretations of Section 1410.1(4)—noting that it could be read as:
1. To require a single number: the number of medical certificates and renewals that have been submitted and accepted.
2. To require four separate numbers, as proposed in the Tentative Order: (1) the number of initial medical certificates submitted; (2) the number of initial medical certificates accepted; (3) the number of renewals submitted; and (4) the number of renewals accepted.
3. To require: (1) the number of medical certificates and renewals that have been submitted; and (2) the number of medical certificates and renewals that have been accepted.
Many parties found that the third of these approaches is reasonable, and the Commission agreed. The Commission opined that the first interpretation, a single number, would not provide enough detail on a utility's role in overseeing medical certificates, and the second interpretation may require too much information, especially given the limitations in utility data-gathering abilities. The Commission stated that expanding this requirement to require further itemization is best left to a rulemaking where this issue can be fully vetted, and we accordingly invite parties to comment on this.
Concerning the annual reporting of accounts with arrears exceeding $10,000, the Commission noted that this reporting requirement appears to differ significantly from the traditional utility reporting requirements. Most traditional reporting requirements consist of aggregate data (numbers, sums, totals, averages, etc.). However, with the direction to report annually ''residential customer accounts which have accumulated $10,000 or more in arrearages,'' it appears that the General Assembly envisioned the reporting of specific accounts in lieu of a ''number of accounts'' or ''averages.'' If this section is interpreted to mean that utilities are expected to submit account specific data, this presents us with another series of questions. Assuming specific customer accounts are to be reported to the Commission, we asked parties to comment upon what information concerning these accounts is needed and appropriate. We noted that the information reported has to be sufficient for the effective monitoring of utility collection practices while at the same time not compromising the customers' privacy, especially in the context of the Commonwealth's Right-to-Know Law.5 In the Implementation Order, we also noted that, while the statute specifies that this reporting should take place ''annually,'' it is silent as to the precise timing and methodology. We invited comments as to whether the Commission should designate an annual ''snapshot'' date for these reports or possible alternatives to the ''snapshot'' approach.
Upon careful review of the comments submitted by the parties, we provided the following guidance concerning the data required to comply with Section 1410.1(3):
A. Utilities shall examine their active (i.e. accounts not final-billed) residential accounts at the conclusion of each calendar year. Any account with an arrearage at or exceeding $10,000 at the time of this ''snapshot'' shall be reported to the Commission by April 1 of the following year.
B. Accounts where someone has presented a Protection From Abuse (PFA) order, or a court order which provides clear evidence of domestic violence, to the utility shall not be included in the reporting regardless of the level of arrearages.
C. Each account reported shall be identified to the Commission with a unique label that the utility can match to the account in question. The same unique identifier for each account shall be used in any subsequent reporting to identify that same account.
D. Customer names, addresses, account numbers, phone numbers, email addresses, Social Security numbers or any other information that could be used to identify the customer shall not be included.
E. The information concerning each of the accounts shall include the following:
1. Unique account identifier;
2. The account balance as of the time of the ''snapshot;''
3. The date the account was established;
4. The average monthly bill amount for the previous 12 months;
5. The number of Commission informal or formal complaints;
6. The number of company payment arrangements;
7. The number of times the customer's service was terminated for non-payment.
F. Reporting shall begin, under these interim guidelines, with calendar year 2015—with the first annual report due to the Commission by April 1, 2016.
G. The Commission may request more detailed follow-up information on specific accounts.
H. Reports shall be filed at Docket No. M-2014-2448824, with an electronic copy sent to the Director of the Commission's Bureau of Consumer Services.
I. Reports shall be formatted per a specific electronic spreadsheet format provided by Commission staff. The Commission will provide this electronic format by September 1, 2015.
Implementation Order, page 18.
Customer names, addresses, account numbers, phone numbers, email addresses, Social Security numbers or any other information that could be used to identify the customer shall not be included. ''Rate class'' is not necessary as a data point because this reporting is applicable only to residential customers, per the definition of ''customer'' at Section 1403 and the language of Section 1410.1(3), which specifies ''residential customer accounts.''
We agreed with several utilities that the reporting deadline should be April 1 instead of March 1, so as to align with other annual collections reporting requirements found in 52 Pa. Code §§ 54.75 and 56.231. Most parties agreed that this reporting requirement is intended to collect data on individual accounts—not just aggregate data. We note that if the General Assembly had wanted just general, aggregate data (totals, averages, percentages, etc.) it could easily have asked for such. In fact, it did just that in paragraph (4) in Section 1410.1 where it specifies ''number'' when discussing the reporting of medical certificates. The lack of the word ''number''—as in ''number of accounts''—in paragraph (3) concerning the $10,000 arrearage reporting requirement cannot be ignored.
As we did in the Tentative Order, we are proposing a ''snapshot'' approach, picking December 31 and requiring the reporting of any account at or exceeding the $10,000 arrearage level as of that date. Almost all parties agreed that the reporting of accounts should be done in a manner to protect the identity and privacy of customers and this is what we have proposed. We propose that the accounts reported should be labeled with a unique identifier known only to the utility which protects the identity of the customer. The unique identifier shall allow the utility and the utility alone to identify the account in case additional information is requested on that account. The unique identifier shall also be used for that same account in any subsequent reporting so that the Commission can determine to what extent the same accounts are appearing on the report year after year. This ability to detect repeated appearances of the same account on subsequent reports is essential in fulfilling the General Assembly's intent that the Commission closely monitor the effectiveness of utility collection activities.
The parties offered many different opinions on just what type of accounts should be or should not be included in the reporting. We agreed with parties that advised the reporting should only include accounts that are ''active'' (i.e. not final-billed) at the time of the reporting, because we want to focus this reporting on accounts that are active and can have active collection actions applied. Once an account is final-billed, collection options become more limited.
Several parties pointed out other account types that they think should be excluded from this reporting requirement for various reasons. These included CAP accounts; landlord-ratepayer accounts; bankruptcy related accounts; accounts involving civil litigation; accounts on an amortization or payment agreement; accounts involving theft or unauthorized use; and accounts associated with a PFA. The rationale offered for the possible exemption for most of these is that traditional collection tools are not necessarily available for these types of accounts. However, we note that the reporting requirement at Section 1410.1 makes no mention of the applicability of various collection methods available, and if the General Assembly had intended this reporting requirement to be specifically targeted to accounts subject to specific collection methods or subject to a specific law or regulation, it could have done so. To the contrary, we believe the General Assembly created this reporting requirement to specifically gauge the impact of various collection practices and various regulations and laws.
However, we agree with parties that sought to exempt from the reporting requirement those accounts that involve a customer with a PFA or other court order that provides evidence of domestic violence. Including PFA accounts could intrude on the privacy and security of PFA holders—a key to the security and privacy for any PFA holder is to limit the disclosure of such information to only those that have an important need to know. For the purposes of this reporting requirement, we do not find the grounds for asking for this information and including it in the reporting is sufficient enough to warrant the possible risks to the privacy and security of PFA holders. Accordingly, we propose to exclude these accounts among the accounts reported under the proposed Section 56.231(c).
The parties also offered many suggestions on what data should or should not be included in this report. The total list of possible data points submitted by the parties included the account balance as of the time of the snapshot; the time period over which the arrearage accrued; the average monthly bill amount; the number of Commission informal or formal complaints; the number of payment arrangements; whether the ratepayer is a landlord ratepayer; the history of universal service program participation and assistance; an indication of whether de facto electric heating is occurring at the premises; the payment history; the customer's income; the number of medical certificates filed; the number of dishonored payments; bankruptcy; the number of termination notices issued; the number of times the customer was shut off for non-payment; and any indicator of meter access problems.
While the Commission agrees that many of these items are interesting, most are not critical, and we must be mindful of the burdens on utilities to compile this information. Accordingly, we limited the data to the seven points we are proposing in Section 56.231(c). We propose including the date that the account was opened because this will provide us with meaningful data that should give us an idea as to how long the arrearage was building. We also propose the average bill amount for the previous twelve months, as we think this will give us an idea as to the customer's usage, and more than twelve months is not necessary and could impose unreasonable burdens on the utility. We also agree with several parties that suggested the number of service terminations would be useful; it is an important indicator of the level and intensity of utility collection activity on an account, and we have included this in the proposed regulation. We also agree with the parties that suggested the data include the number of Commission informal and formal complaints filed, for these can impact the collection activities on an account (disputed account balances are usually protected from collection activity while a complaint is pending at the Commission).
Finally, we propose revising Section 56.231 by adding new subsection (d). It is important to note that this is not a new requirement—we are simply consolidating the utility reporting requirement rules in Chapter 56 into one section—Section 56.231. The new subsection (d) can currently be found in Section 56.461, which we propose to eliminate. Consolidation will assist utilities in locating and complying with these requirements.
Subchapters L—V
§ 56.251. Statement of purpose and policy.
This section has been revised to expand the applicability of subchapters L—V to now apply not only to all customers who have been granted protection from abuse orders but also to customers with a court order issued by a court of competent jurisdiction in this Commonwealth which provides clear evidence of domestic violence against the applicant or customer, as to align with revised Section 1417. See 66 Pa.C.S. § 1417 (relating to nonapplicability). Additionally, as to align with the revised definition of public utility at Section 1403 (relating to definitions), the applicability of these same subchapters to wastewater, steam heat and small natural gas companies has been removed. The applicable subchapters for these entities will be B through K—the same as other utilities. See Section 56.1, Statement of purpose and policy.
§ 56.252. Definitions.
The definition of public utility has been revised to reflect the revised Chapter 14 definition at Section 1403. See 66 Pa.C.S. § 1403 (relating to definitions).
A definition of physician assistant has been added since Chapter 14 now permits the filing of medical certificates by physician assistants. Accordingly, we think it is impor-tant that this term be defined. This definition is based upon 49 Pa. Code § 18.151(b) (relating to the role of physician assistant). This revision provides additional protections to the customers covered by subchapters L—V.
We are adding the definitions of small natural gas distribution utility, steam heat utility and wastewater utility to this section to reflect that these entities are now covered by subchapters B—K (see above concerning Section 56.1, Statement of purpose and policy). Because these entities are now all considered public utilities by Chapter 14 and are no longer treated distinctly, we have changed the term ''utility'' to ''public utility'' throughout the chapter.
We propose revising the definition of billing month as to allow short-period bills in instances where a customer's change of commodity supplier necessitates the issuance of a short-period bill in order to effectuate a timely switch of supplier. Recent regulatory changes intended to accelerate the switching of electric generation service now make it possible to switch commodity service in as little as three business days. See 52 Pa. Code §§ 57.173, 57.174 and 57.180. Some utilities, as part of the switching process, will issue a final short-period bill for the customer's current supplier so that billing with the new supplier can start within the three business day timeframe. The Commission has already issued temporary waivers of the Section 56.1 definition of billing month to facilitate this process,6 and we believe it is necessary to codify this change in billing procedures to eliminate the need for repeated waivers in the future.
§ 56.262. Meter reading; estimated billing; customer readings.
We propose adding a new paragraph (6)—Verification of automatic meter reading to incorporate the new requirement at Section 1411 that utilities verify meter readings at the request of the customer. See 66 Pa.C.S. § 1411 (relating to automatic meter readings). This revision provides additional protections to the customers covered by subchapters L—V.
§ 56.282. Credit standards.
We propose new paragraph (4) to align with the new Section 1404(a.1) prohibition on CAP-eligible customers and applicants paying deposits. This revision provides additional protections to the customers covered by subchapters L—V.
§ 56.286. Written procedures.
We propose revising this regulation to include incorporation into the utility's written credit procedures the deposit exception in Section 56.282 for CAP-eligible applicants, per Section 1404(a.1). We also propose including in the procedures the availability of alternative credit standards for applicants with a court order issued by a court of competent jurisdiction in this Commonwealth which provides clear evidence of domestic violence, in addition to the those applicants who have been granted protection from abuse orders, pursuant to Section 1417. We likewise propose revising paragraph (1) to include a requirement that utilities provide this same information to applicants in writing when credit is denied. These revisions will provide additional protections to the customers covered by subchapters L—V.
§ 56.291. General rule.
We propose new paragraph (4) to align with the new Section 1404(a.1) prohibition on CAP-eligible customers and applicants paying deposits. This revision provides additional protections to the customers covered by subchapters L—V.
§ 56.306. Interest rate.
We propose changing the mechanism for determining the interest rate applied to security deposits to align with the change at Section 1404(c)(6). We believe this change is neutral from a customer protection perspective. Whether this change is beneficial compared to the existing language depends upon prevailing interest rates. At times, this revision will favor customers compared to the current rule; at other times, possibly not so. Since the impact on consumers is neutral, we think making the interest rate calculation the same for all security deposits is the most reasonable approach. Requiring utilities to assess and track differing interest rates on different deposits would impose burdens on utilities while providing no clear benefit to consumers.
§ 56.331. General notice provisions and contents of termination notice.
We propose revising the information directed to customers on written ten-day termination notices in paragraph (9) to include notice to customers that the special protections available for victims under a protection from abuse order are now also available to those customers with a court order issued by a court of competent jurisdiction in this Commonwealth, which provides clear evidence of domestic violence, per Section 1417.
§ 56.333. Personal contact.
We propose revising this section to provide for the optional use of electronic messaging for providing three-day personal notice of termination, per Section 1406(b). This revision provides additional protections to the customers covered by subchapters L—V. We invite comment on the privacy protections and the customer consent practices that should be required in the context of electronic messaging. See 66 Pa.C.S. § 1406(b)(1)(ii)(C) and (D).
§ 56.337. Procedures upon customer or occupant contact prior to termination.
We propose revising subparagraph (iv) is to require utilities to provide universal service program information to consumers upon contact from a consumer during the termination process, pursuant to Section 1410.1(1) and (2).
§ 56.340. Winter termination procedures.
We propose revising paragraph (5) to clarify that the February update of the survey of households without heating service in the winter is to include households terminated in December. Commission staff and utilities have encountered questions about this section because the current language is unclear on this point. By failing to include any December terminations, the survey result reported on February 1 is not a complete picture of the households without utility service in the winter. This proposed revision is intended to correct that possible problem.
§ 56.351. General provision.
We refer to physician assistants in addition to physician and nurse practitioner in order to align with the new definition at Section 1403. This revision provides additional protections to the customers covered by subchapters L—V.
§ 56.353. Medical certifications.
We refer to physician assistants in addition to physician and nurse practitioner in order to align with the new definition at Section 1403. We also propose revising this section to make it similar to the changes we are proposing to the analogous Section 56.113—specifically by removing the requirements in Subsections 56.353(3) and (4), which require the medical certificate to include the ''nature and anticipated length of the affliction'' and the ''specific reason for which the service is required.'' This section currently requires the medical professional to divulge information about the patient's medical condition to the utility—contrary to the privacy and confidentiality of personal medical information that patients have come to expect. Accordingly, we propose eliminating the ''nature'' of the affliction and ''the specific reason for which service is required'' as part of this regulation. However, we do not see the ''length of the affliction'' at Subsection 56.353 (3) as being contrary to patient expectations of privacy; in fact, the utility needs to know this information to determine the duration of the medical certificate. See 52 Pa. Code § 56.354. Some parties have suggested that the medical professional's license number be included as a required element on a medical certificate. We invite parties to comment on this possibility.
§ 56.392. Commission informal complaint procedure.
We propose adding language to paragraph (1) to permit an informal complainant to receive a copy of the documents the utility provides Commission staff in response to an informal complaint. The opportunity to review this information is intended to protect the complainant's due process rights. We acknowledge that there may be some relatively rare instances where these documents may refer to parties other than the complainant. In these instances, the utility is directed to redact any information that may compromise the privacy or personal security of a third party.
§ 56.403. Review from informal complaint decisions of the Bureau of Consumer Services.
We propose revising this language to clarify that the burden of proof remains with the party who filed the informal complaint. This language simply makes this provision consistent with existing Commission practices.
§ 56.421. Payment and timing.
We propose revising paragraph (7) to ensure that the information notifying customers that the special protections that may be available for victims under a protection from abuse order may also now be available to those customers with a court order providing clear evidence of domestic violence and issued by a court of competent jurisdiction in this Commonwealth, per Section 1417.
§ 56.431. Public information.
We propose revising paragraph (13) to ensure that the information directed to customers concerning the special protections that may be available for victims under a protection from abuse order may now also be available to those customers with a court order providing clear evidence of domestic violence and issued by a court of competent jurisdiction in this Commonwealth, per Section 1417.
§ 56.461. Reporting requirements.
We propose removing Section 56.461 and moving these requirements to the new Subsection 56.231(d). Consolidating utility reporting requirements into one section of the regulations will assist utilities in locating and complying with these requirements.
Chapter 56, Appendix A
We refer to physician assistants in addition to physician and nurse practitioner in order to align with new definition at Section 1403.
Chapter 56, Appendix B
We refer to physician assistants in addition to physician and nurse practitioner in order to align with new definition at Section 1403.
Chapter 56, Appendix C
The intent of Appendix C is to provide a data dictionary to assist utilities in complying with the collections reporting requirements at Section 56.231. Providing explanations and definitions assists in obtaining consistent, uniform data from all utilities. This uniformity and consistency facilitates the validity of comparing the different utilities and their collections performances. This is essential for the Commission in complying with the Chapter 14 reporting requirements mandated by the General Assembly in Section 1415. See 66 Pa.C.S. § 1415 (relating to reporting to General Assembly and Governor). We are proposing some minor revisions to a few of the definitions. The revisions are intended to clarify a few of the definitions that have presented problems in the past and which have been questioned. Some of the revisions will also assist in aligning the Chapter 56 reporting requirements with reporting requirements found in Chapters 54 and 62. 52 Pa. Code § 54.75(1)(ii), (iii), (ix); 52 Pa. Code § 62.5(a)(1)(ii), (v), (ix), (xii).
The definition of Annual collections operating expenses as currently written is open to interpretation—causing utilities to submit inconsistent data for the reporting requirements. We are proposing to revise this definition in an attempt to establish consistency with the reporting requirements at Sections 54.75(1)(ii) and 62.5(a)(1)(ii).
The definition of Annual residential billings as currently written is open to interpretation, causing utilities to submit inconsistent data for the reporting requirements. We are proposing to revise this definition in an attempt to establish consistency with the reporting requirements at Section 62.5(a)(1)(v).
The definition of Total dollar amount of gross residential write-offs and Total dollar amount of net residential write-offs as currently written are open to interpretation, causing utilities to submit inconsistent data for the reporting requirements. We are proposing to revise this definition in an attempt to establish consistency with the reporting requirements at Sections 54.75(1)(iii) and 62.5(a)(1)(iii).
The definition of Total number of reconnections for reasons other than customer payment or medical certification as currently written is open to interpretation, causing utilities to submit inconsistent data for the reporting requirements. We are proposing to revise this definition in an attempt to establish consistency with the reporting requirements at Sections 54.75(1)(ix) and 62.5(a)(1)(xii).
Chapter 56, Appendix D
We reference Section 56.231(d) in Appendix D rather than Section 56.461 since this was deleted altogether from Annex A. These reporting requirements now appear in Section 56.231(d)
Annex A
TITLE 52. PUBLIC UTILITIES
PART I. PUBLIC UTILITY COMMISSION
Subpart C. FIXED SERVICE UTILITIES
CHAPTER 56. STANDARDS AND BILLING PRACTICES FOR RESIDENTIAL PUBLIC UTILITY SERVICE
Subchapter A. PRELIMINARY PROVISIONS FOR UTILITIES AND CUSTOMERS SUBJECT TO CHAPTER 14 OF THE PUBLIC UTILITY CODE § 56.1. Statement of purpose and policy.
* * * * * (b) This subchapter and Subchapters B—K apply to electric distribution utilities, natural gas distribution utilities [and], wastewater utilities, steam heat utilities, small natural gas utilities and water distribution utilities. Subchapters L—V apply to [wastewater utilities, steam heat utilities, small natural gas utilities and to] all customers who have been granted protection from abuse orders [from courts of competent jurisdiction] as provided by 23 Pa.C.S. Chapter 61 (relating to Protection from Abuse Act) or a court order issued by a court of competent jurisdiction in this Commonwealth which provides clear evidence of domestic violence against the applicant or customer.
§ 56.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Applicant—
(i) A natural person at least 18 years of age not currently receiving service who applies for residential service provided by a public utility or any adult occupant whose name appears on the mortgage, deed or lease of the property for which the residential public utility service is requested.
(ii) The term does not include a person who [seeks to transfer service within the service territory of the same public utility or to reinstate service at the same address provided that the final bill for service is not past due], within 30 days after service termination or discontinuance of service, seeks to have service reconnected at the same location or transferred to another location within the service territory of the public utility.
Basic services—
(i) Services necessary for the physical delivery of residential public 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 public utility. The public 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.
(v) Bills for less than 26 days shall be permitted when there is a change of the customer's electric generation supplier.
Billing period—In the case of public 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 public utility. Customers shall be permitted to receive bills monthly and be notified of their rights thereto.
Class A water utility—A water utility with annual revenues greater than $1 million.
Creditworthiness—An assessment of an applicant's or customer's ability to meet bill payment obligations for utility service.
Customer—
(i) A natural 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 or an adult occupant whose name appears on the mortgage, deed or lease of the property for which the residential public utility service is requested. [A natural person remains a customer after discontinuance or termination until the final bill for service is past due.]
(ii) The term includes a person who, within 30 days after service termination or discontinuance of service, seeks to have service reconnected at the same location or transferred to another location within the service territory of the public utility.
* * * * * Delinquent account—Charges for public 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] arrangement with the public utility has been entered into by the customer, a timely filed notice of dispute is pending before the public utility, or, under time limits provided in this chapter, an informal or formal complaint is timely filed with and is pending before the Commission.
* * * * * 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 public utility or a system the public 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.
* * * * * Initial inquiry—A concern or question of an applicant, customer or occupant about a public 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 public 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.
Medical certificate—A written document, in a form approved by the Commission, that:
(i) Certifies that a customer or member of the customer's household is seriously ill or has been diagnosed with a medical condition which requires the continuation of service to treat the medical condition.
(ii) Is signed by a licensed physician, nurse practitioner or physician assistant.
Natural gas distribution service—The delivery of natural gas to retail gas customers utilizing the jurisdictional facilities of a natural gas distribution utility.
* * * * * Payment [agreement] arrangement—An [agreement] arrangement in which 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.
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.
Physician assistant—An individual licensed by the State Board of Medicine in this Commonwealth who provides any medical service, as directed by the supervising physician licensed to practice medicine in this Commonwealth, when the service is within the physician assistant's skills, training and experience, forms a component of the physician's scope of practice, is included in the written agreement and is provided with the amount of supervision in keeping with the accepted standards of medical practice. See 49 Pa. Code § 18.151(b) (relating to role of physician assistant).
Premises or affected premises—Unless otherwise indicated, the residence of the occupant.
Public utility—An electric distribution utility, natural gas distribution utility, small natural gas distribution utility, steam heat utility, wastewater utility or water distribution utility in this Commonwealth that is within the jurisdiction of the Commission.
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) Public 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 public utility service provided to a hotel or motel.
Small natural gas distribution utility—A public utility providing natural gas distribution services subject to the jurisdiction of the Commission that meets one of the following:
(i) Has annual gas operating revenues of less than $6 million per year.
(ii) Is not connected to an interstate gas pipeline by means of a direct connection or any indirect connection through the distribution system of another natural gas public utility or through a natural gas gathering system.
Steam heat utility—An entity producing, generating, distributing or furnishing steam for the production of heat or to or for the public for compensation.
Termination of service—Cessation of service, whether temporary or permanent, without the consent of the customer.
Unauthorized use of public 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 public utility service without the knowledge or approval of the public utility, other than the unauthorized use of public utility service as defined in this section.
Wastewater utility—
(i) An entity owning or operating equipment or facilities for the collection, treatment or disposal of sewage to or for the public for compensation.
(ii) The term includes separate companies that individually provide water or wastewater service so long as the separate companies are wholly owned by a common parent company.
Water distribution utility—An entity owning or operating equipment or facilities for diverting, developing, pumping, impounding, distributing or furnishing water to or for the public for compensation.
Subchapter B. BILLING AND PAYMENT STANDARDS
BILLING § 56.11. Billing frequency.
* * * * * (b) A public utility may utilize electronic billing in lieu of mailed paper bills. Electronic billing programs must include the following requirements:
* * * * * (5) The electronic bill must include the option for the customer to contribute to the public utility's hardship fund if the public utility is able to accept hardship fund contributions by this method.
* * * * * § 56.12. Meter reading; estimated billing; customer readings.
Except as provided in this section, a public utility shall render bills based on actual meter readings by public utility company personnel.
* * * * * (5) Remote reading devices for water, gas and electric public utilities. A public utility may render a bill on the basis of readings from a remote reading device under the following conditions:
* * * * * (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) Verification of automatic meter reading. Upon a customer request, the public utility shall secure an in-person meter reading to confirm the accuracy of an automatic meter reading device when a customer disconnects service or a new service request is received. A public utility may charge a fee, as provided in a Commission-approved tariff.
[(6)] (7) Limitation of liability. If a water public 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 public utility was unable to gain access and has complied with paragraph (4).
[(7)] (8) Budget billing. A gas, electric and steam heating public utility shall provide its residential customers, on a year-round rolling enrollment basis, with an optional billing procedure which averages estimated public utility service costs over a 10-month, 11-month or 12-month period to eliminate, to the extent possible, seasonal fluctuations in public utility bills. The public 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)] (9) Notice. The public utility shall inform existing customers of their rights under this section and 66 Pa.C.S. § 1509 (relating to billing procedures).
§ 56.17. 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] arrangement but offering terms that the public utility, after consideration of the factors in § 56.97(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 public utility enter into a payment [agreement] arrangement which includes, but is not limited to, the following terms:
* * * * * (v) During the first 2 years of use of prepayment meters, the public 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 public 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.
* * * * *
PAYMENTS § 56.21. Payment.
The due date for payment of a bill may not be [no] 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 public utility to the customer.
* * * * * § 56.23. Application of partial payments between public utility and other service.
Payments received by a public 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 public utility service shall first be applied to the basic charges for residential public utility service.
§ 56.24. Application of partial payments among several bills for public utility service.
In the absence of written instructions, a disputed bill or a payment [agreement] arrangement, payments received by a public 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.
Subchapter C. CREDIT AND DEPOSITS STANDARDS POLICY
PROCEDURES FOR APPLICANTS § 56.32. Security and cash deposits.
(a) [A public utility may require a cash deposit] In addition to the right to collect a deposit under any Commission regulation or order, the public utility may require a cash deposit, payable during a 90-day period in accordance with Commission regulations, in an amount that is equal to 1/6 of an applicant's estimated annual bill at the time the public utility determines a deposit is required, based upon the following:
(1) An applicant who previously received public utility distribution services and was a customer of the public utility and whose service was terminated for any of the following reasons:
* * * * * (v) Failure to comply with the material terms of a payment [agreement] arrangement.
* * * * * (2) An applicant who is unable to establish creditworthiness to the satisfaction of the public utility through the use of a generally accepted credit scoring methodology, as provided in a Commission-approved tariff, and which employs standards for using the methodology that fall within the range of general industry practice. The credit scoring methodology utilized for this purpose must specifically assess the risk of public utility bill payment.
* * * * * (c) Prior to providing public utility service, a public utility may require the applicant to provide the names of each adult occupant residing at the location and proof of their identity. For purposes of this section, valid identification consists of one government issued photo identification. If one government issued photo identification is not available, the public utility may require the applicant to present two alternative forms of identification, as long as one of the identifications includes a photo of the individual. In lieu of requiring identification, the public utility may ask, but may not require, the individual to provide the individual's Social Security Number. Public utilities shall take all appropriate actions needed to ensure the privacy and confidentiality of identification information provided by their applicants and customers.
(d) A public utility is not required to provide service if the applicant fails to pay the full amount of the cash deposit within the time period under subsection (a).
(e) Notwithstanding subsection (a), a public utility may not require a customer that is confirmed to be eligible for a customer assistance program to provide a cash deposit.
§ 56.35. Payment of outstanding balance.
* * * * * (b) A public 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, except as provided for in paragraphs (1) and (2).
(1) A public utility may require the payment of an outstanding balance or portion of an outstanding balance if the applicant resided at the property for which service is requested during the time the outstanding balance accrued and for the time the applicant resided there, not exceeding 4 years from the date of the service request. The 4-year limit does not apply if the balance includes amounts that the public utility was not aware of because of fraud or theft on the part of the applicant.
* * * * * § 56.36. Written procedures.
* * * * * (b) A public utility shall establish written procedures for determining the credit status of an applicant and for determining responsibility for unpaid balances in accordance with § 56.35 (relating to payment of outstanding balance). The written procedures must specify that there are separate procedures and standards for victims with a protection from abuse order or a court order issued by a court of competent jurisdiction in this Commonwealth which provides clear evidence of domestic violence. The procedures must also specify that any applicant that is confirmed to be eligible for a customer assistance program will not be required to pay a deposit. A public 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 public utility. A copy of these procedures shall be maintained on file in each of the business offices of the public utility and made available, upon request, for inspection by members of the public and the Commission and be included on the public utility's web site.
(1) Reasons for denial of credit. If credit is denied, the public 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. The written denial statement must include the provider of the credit score, information on the applicant's ability to challenge the accuracy of the credit score and how to contact the credit score provider. If the public utility is requiring payment of an unpaid balance in accordance with § 56.35, the public 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 § 56.33 (relating to 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 or a court order issued by a court of competent jurisdiction in this Commonwealth which provides clear evidence of domestic violence that more lenient credit and liability standards may be available. The statement must also inform the applicant that if he is confirmed to be eligible for a customer assistance program a deposit is not required.
* * * * * § 56.38. Payment period for deposits by applicants.
(a) An applicant required to pay a deposit under § 56.32 (relating to security and cash deposits) [may be required by the public utility to pay the deposit in full prior to the provision of public utility service] shall have up to 90 days to pay the deposit in accordance with Commission regulations.
* * * * *
PROCEDURES FOR EXISTING CUSTOMERS § 56.41. General rule.
A public 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.
* * * * * (ii) Except in the case of adjustments to budget billing plans, a public 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 § 56.14 (relating to previously unbilled public utility service) under the following conditions:
(A) The public utility has complied with § 56.14. Compliance with a payment [agreement] arrangement 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 public utility may require a deposit as a condition to reconnection of service following a termination in accordance with § 56.191 (relating to payment and timing).
(3) Failure to comply with payment [agreement] arrangement. A public 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] arrangement.
(4) Cash deposit prohibition. Notwithstanding paragraphs (1)—(3), a public utility may not require a customer or an applicant that is confirmed to be eligible for a customer assistance program to provide a cash deposit.
§ 56.42. Payment period for deposits by customers.
* * * * * (d) Failure to comply with a payment [agreement] arrangement. A customer paying a deposit under § 56.41(3) may be required to pay the deposit in [full upon the determination of the utility that a deposit is required] three installments: 50% billed upon the determination by the public utility that the deposit is required; 25% billed 30 days after the determination; and 25% billed 60 days after the determination. The public utility shall inform the customer of the option to pay the deposit in the installments described in this subsection. The customer retains the option to pay the deposit amount in full before the due date.
CASH DEPOSITS § 56.53. Deposit hold period and refund.
(a) A public utility may hold a deposit until a timely payment history is established [or for a maximum period of 24 months].
(b) A timely payment history is established when a customer has paid in full and on time for 12 consecutive months.
(c) At the end of the deposit holding period as established in subsection (a), the public utility shall deduct the outstanding balance from the deposit and return or credit any positive difference to the customer. At the option of the public 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.
* * * * * § 56.57. Interest rate.
The public 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].
(1) Interest shall be computed at the simple annual interest rate determined by the Secretary of Revenue for interest on the underpayment of tax under section 806 of The Fiscal Code (72 P.S. § 806).
(2) The interest rate in effect when the deposit is required to be paid shall remain in effect until the date the deposit is refunded or credited, or December 31, whichever is later.
(3) On January 1 of each year, the new interest rate for that year will apply to the deposit.
Subchapter D. INTERRUPTION AND DISCONTINUANCE OF SERVICE § 56.72. Discontinuance of service.
A public utility may discontinue service without prior written notice under the following circumstances:
* * * * * (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 public 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 public utility bills until the public utility discontinues service.
* * * * *
Subchapter E. TERMINATION OF SERVICE
GROUNDS FOR TERMINATION § 56.81. Authorized termination of service.
A public utility may notify a customer and terminate service provided to a customer after notice as provided in §§ 56.91—56.100 (relating to notice procedures prior to termination) for any of the following actions by the customer:
* * * * * (4) Failure to comply with the material terms of a payment [agreement] arrangement.
§ 56.82. Timing of termination.
A public utility may terminate service for the reasons in § 56.81 (relating to authorized termination of service) from Monday through [Friday] Thursday as long as the public utility is able to accept payment to restore service on the day of termination and on the following day and can restore service consistent with § 56.191 (relating to payment and timing).
§ 56.83. 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:
* * * * * (6) Noncompliance with a payment [agreement] arrangement prior to the due date of the bill which forms the basis of the agreement.
(7) Nonpayment of charges for public utility service for which the public utility ceased billing more than 4 years prior to the date the bill is rendered.
* * * * *
NOTICE PROCEDURES PRIOR TO TERMINATION § 56.91. General notice provisions and contents of termination notice.
* * * * * (b) A notice of termination must include, in conspicuous print, clearly and fully the following information when applicable:
* * * * * (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] arrangement is established.
* * * * * (6) A statement that the customer should immediately contact the public utility to attempt to resolve the matter. The statement must include the address and telephone number where questions may be asked, how payment [agreements] arrangements may be negotiated and entered into with the public utility, and where applications can be found and submitted for enrollment into the public utility's universal service programs, if these programs are offered by the public utility.
(7) The following statement: ''If you have questions or need more information, contact us as soon as possible at (public 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 1 (800) 692-7380 or write to the Pennsylvania Public Utility Commission, P.O. Box 3265, Harrisburg, Pennsylvania 17105-3265.''
* * * * * (11) Information indicating that special protections are available for victims under a protection from abuse order or a court order issued by a court of competent jurisdiction in this Commonwealth which provides clear evidence of domestic violence and how to contact the public utility to obtain more information on these protections.
* * * * * (17) 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 public utility's service territory are using that language.
(18) Contact information for customers with disabilities that need assistance.
§ 56.93. Personal contact.
(a) Except when authorized under § 56.71, § 56.72 or § 56.98 (relating to interruption of service; discontinuance of service; and immediate termination for unauthorized use, fraud, tampering or tariff violations), a public utility may not interrupt, discontinue or terminate service without attempting to contact the customer or responsible adult occupant, either in person [or], by telephone or electronically with the customer's consent, to provide notice of the proposed termination at least 3 days prior to the scheduled termination using one of the methods in this section. If personal contact by one method is not possible, the public utility is obligated to attempt [the other] another method.
[(b)] (1) Phone contact shall be deemed complete upon attempted calls on 2 separate days to the residence between the hours of 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.
[(c)] (2) If contact is attempted in person by a home visit, only one attempt is required. The public 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) Contact by e-mail, text message or other electronic messaging format consistent with the Commission's privacy guidelines and approved by Commission order. The electronic notification option is voluntary and shall only be used if the customer has given prior consent approving the use of a specific electronic message format for the purpose of notification of a pending termination.
[(d)] (b) The content of the 3-day personal contact notice must include the earliest date at which termination may occur and the following information:
* * * * * [(e)] (c) The public utility shall ask the customer or occupant if he has questions about the 10-day written notice the public utility previously sent.
§ 56.94. Procedures immediately prior to termination.
Immediately preceding the termination of service, a public utility employee, who may be the public utility employee designated to perform the termination, shall attempt to make personal contact with a responsible adult occupant at the residence of the customer.
* * * * * (3) Dishonorable tender of payment after receiving termination notice. After a public utility has provided a written termination notice under § 56.91 (relating to general notice provisions and contents of termination notice) and attempted telephone contact as provided in § 56.93 (relating to personal contact), termination of service may proceed [without additional notice] when:
(i) A customer tenders payment which is subsequently dishonored under 13 Pa.C.S. § 3502 (relating to dishonor) and which has not been cured or otherwise paid in full within 3 business days of the public utility's dishonored payment notice to the customer under § 56.93(a).
(ii) A customer tenders payment with an access device, as defined in 18 Pa.C.S. § 4106(d) (relating to access device fraud), which is unauthorized, revoked or canceled and which has not been cured or otherwise paid in full within 3 business days of the utility's dishonored payment notice to the customer under § 56.93(a).
(iii) A customer tenders payment electronically that is subsequently dishonored, revoked, canceled or is otherwise not authorized and which has not been cured or otherwise paid in full within 3 business days of the public utility's dishonored payment notice to the customer under § 56.93(a).
§ 56.97. 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 public utility concerning a proposed termination, an authorized public utility employee shall fully explain:
(1) The reasons for the proposed termination.
(2) All 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] arrangement.
(iii) Paying what is past-due on the most recent previous company negotiated or Commission payment [agreement] arrangement.
[(iv) Enrolling in the public utility's customer assistance program or its equivalent, if the public utility has these programs and the customer is eligible for the program.]
(3) Information about the public utility's universal service programs, including the customer assistance program. Refer the customer or applicant to the universal service program administrator of the public utility to determine eligibility for a program and to apply for enrollment in a program.
[(3)] (4) The medical emergency procedures.
(b) The public utility, through its employees, shall exercise good faith and fair judgment in attempting to enter a reasonable payment [agreement] arrangement or otherwise equitably resolve the matter. Factors to be taken into account when attempting to enter into a reasonable payment [agreement] arrangement 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] arrangements for heating customers shall be based upon budget billing as determined under § 56.12(7) (relating to meter reading; estimated billing; customer readings). If a payment [agreement] arrangement is not established, the company shall further explain the following:
* * * * * § 56.100. Winter termination procedures.
* * * * * (e) Identification of accounts protected during the winter. Public utilities shall determine the eligibility of an account for termination during the period of December 1 through March 31 under the criteria in subsections (b) and (c) before terminating service. Public utilities are to use household income and size information they have on record provided by customers to identify accounts that are not to be terminated during the period of December 1 through March 31. Public utilities are expected to solicit from customers, who contact the public utility in response to notices of termination, household size and income information and to use this information to determine eligibility for termination. Public utilities who intend to require verification of household income information submitted by consumers relating to this subsection shall include, in their tariffs filed with the Commission, the procedures they intend to implement to obtain verification. The procedures should specify the proof or evidence the public utility will accept as verification of household income.
(f) Landlord ratepayer accounts. During the period of December 1 through March 31, a public utility may not terminate service to a premises when the account is in the name of a landlord ratepayer as defined in 66 Pa.C.S. § 1521 (relating to definitions) except for the grounds in § 56.98.
(g) Right of public utility to petition the Commission for permission to terminate service to a customer protected by the prohibitions in this section.
(1) The public utility shall comply with §§ 56.91—56.95 including personal contact, as defined in § 56.93 (relating to personal contact), at the premises if occupied.
(2) If at the conclusion of the notification process defined in §§ 56.91—56.95, a reasonable [agreement] arrangement cannot be reached between the public utility and the customer, the public utility shall register with the Commission, in writing, a request for permission to terminate service, accompanied by a public utility report as defined in § 56.152 (relating to contents of the public utility company report). At the same time, the public utility shall serve the customer a copy of the written request registered with the Commission.
(3) If the customer has filed an informal complaint or if the Commission has acted upon the public utility's written request, the matter shall proceed under §§ 56.161—56.165. Nothing in this section may be construed to limit the right of a public utility or customer to appeal a decision by the Bureau of Consumer Services under 66 Pa.C.S. § 701 (relating to complaints) and §§ 56.171—56.173 and 56.211.
(h) Survey of terminated heat related accounts. For premises where heat related service has been terminated within the past year for any of the grounds in § 56.81 (relating to authorized termination of service) or § 56.98, electric distribution utilities, natural gas distribution utilities and Class A water distribution 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.
(i) Reporting of survey results. Electric distribution utilities, natural gas distribution utilities and Class A water distribution utilities shall file a brief report outlining their pre-December 1 survey and personal contact results with the Bureau of Consumer Services on or before December 15 of each year. Each public utility shall update the survey and report the results to the Bureau of Consumer Services on February 1 of each year to reflect any change in the status of the accounts subsequent to the December 15 filing, including any accounts terminated in December. For the purposes of the February 1 update of survey results, the public 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.
(j) Reporting of deaths at locations where public utility service was previously terminated. Throughout the year, public utilities 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 other event that resulted in a death and that the public utility service was off at the time of the incident. Within 1 business day of becoming aware of an incident, the public utility shall submit a telephone or electronic report to the Director of the Bureau of Consumer Services 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 Bureau or Commission may request additional information on the incident and the customer's account. Information submitted to the Commission in accordance with this subsection will 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 § 56.111. General provision.
A public 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 restoration of service under § 56.191 (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 shall obtain a letter from a licensed physician verifying the condition and promptly forward it to the public utility] the customer or an applicant seeking restoration of service under § 56.191 (relating to payment and timing) has submitted a medical certificate to the public utility. The determination of whether a medical condition qualifies for the purposes of this section resides entirely with the physician [or], nurse practitioner or physician assistant and not with the public utility. A public utility may not impose any qualification standards for medical certificates other than those specified in this section.
§ 56.113. Medical certifications.
[Certifications initially may be written or oral, subject to the right of the public 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:] Medical certifications must be in writing. Public utilities may develop a medical certificate form. The public utility's medical certificate may not be mandatory. A medical certificate form developed by the public utility shall be made readily available and placed on the public utility's web site. Medical certificates may be electronically transmitted and electronic signatures are valid. A medical certificate must include all of 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 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)] (4) The name, office address and telephone number of the certifying physician [or], nurse practitioner or physician assistant.
(5) The signature of the certifying physician, nurse practitioner or physician assistant.
§ 56.118. Right of public utility to petition the Commission.
* * * * * (b) A public 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 public utility report described in § 56.152 (relating to contents of the public utility company report) and shall be filed with the Secretary of the Commission with a copy served to the customer.
* * * * *
Subchapter F. DISPUTES; TERMINATION DISPUTES; INFORMAL AND FORMAL COMPLAINTS
PUBLIC UTILITY COMPANY DISPUTE PROCEDURES § 56.151. General rule.
Upon initiation of a dispute covered by this section, the public 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] arrangement if the customer or occupant is eligible for a payment [agreement] arrangement and claims a temporary inability to pay an undisputed bill. Factors which shall be considered in the negotiation of a payment [agreement] arrangement include, but are not limited to:
* * * * * (5) Within 30 days of the initiation of the dispute, issue its report to the complaining party. The public 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 public utility company report must be in writing and conform to § 56.152 (relating to contents of the public utility company report). Further, in these instances, the written report shall be sent to the complaining party if requested or if the public utility deems it necessary.
(ii) If the complaining party is satisfied with the orally conveyed dispute resolution, the written public utility company report may be limited to the information in § 56.152(1), (2) and, when applicable, § 56.152(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.
§ 56.152. Contents of the public utility company report.
A public utility company report must include the following:
* * * * * (4) A statement that if the complaining party does not agree with the public utility company report, an informal complaint shall be filed with the Commission to ensure the preservation of all of the complaining party's rights.
* * * * * (7) If the matter in dispute involves a billing dispute, the public utility company report must include the following:
(i) An itemized statement of the account of the complaining customer specifying the amount of credit, if any, and the proper amount due.
(ii) The date on or after which the account will become delinquent unless a payment [agreement] arrangement 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 public utility company report, whichever is later.
(8) If the matter involves a dispute other than a billing dispute, the public utility company report must also state the following:
(i) The action required to be taken to avoid the termination of service.
(ii) The date on or after which service will be terminated in accordance with the applicable requirements unless the report is complied with, or a payment [agreement] arrangement 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 public utility company report, whichever is later. If the public utility company report is in writing, the information in this paragraph must be prominently displayed.
INFORMAL COMPLAINT PROCEDURES § 56.163. Commission informal complaint procedure.
Upon the filing of an informal complaint, which shall be captioned as ''(Complainant) v. (public utility),'' Commission staff will immediately notify the public utility; review the dispute; and, within a reasonable period of time, issue to the public 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, public utility company reports, telephone calls, conferences, written statements, research, inquiry and investigation. Procedures will be designed to ensure 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 public utility within 30 days of the request. If the complainant is without public utility service, or in other emergency situations as identified by Commission staff, the information requested by Commission staff shall be provided by the public utility within 5 business days of the request. Upon request of the complainant or Commission staff, the public utility shall provide the complainant with a copy of the documents submitted to Commission staff in response to the informal complaint. The public utility shall redact documents to omit information that would possibly compromise the privacy or personal security of any individual other than the complainant.
* * * * *
FORMAL COMPLAINTS § 56.173. Review from informal complaint decisions of the Bureau of Consumer Services.
* * * * * (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] informal complaint.
Subchapter G. RESTORATION OF SERVICE § 56.191. Payment and timing.
* * * * * (c) Payment to restore service.
(1) A public utility shall provide for and inform the applicant or customer of a location where the customer can make payment to restore service. A public 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 a court order issued by a court of competent jurisdiction in this Commonwealth which provides clear evidence of domestic violence. A public utility shall also inform the applicant or customer that the timing and conditions for restoration of service may differ if someone in the household is seriously ill or affected by a medical condition which will be aggravated without public utility service.
(2) A public utility may require:
(i) Full payment of any outstanding balance incurred together with any reconnection fees by the customer or applicant prior to reconnection of service if the customer or applicant has an income exceeding 300% of the Federal poverty level or has defaulted on two or more payment [agreements] arrangements. For purposes of this section, neither a payment [agreement] arrangement intended to amortize a make-up bill under § 56.14 (relating to previously unbilled public utility service) or the definition of ''billing month'' in § 56.2 (relating to definitions), nor a payment [agreement] arrangement that has been paid in full by the customer, are to be considered a default. Budget billing plans and amortization of budget plan reconciliation amounts under [§ 56.12(7)] § 56.12(8) (relating to meter reading; estimated billing; customer readings) may not be considered a default for the purposes of this section.
* * * * * (e) Approval. A public utility may establish that an applicant or customer previously resided at a property for which residential service is requested through the use of mortgage, deed or lease information, a commercially available consumer credit reporting service or other methods approved as valid by the Commission. Public utilities shall include in their tariffs filed with the Commission the methods, other than those specifically mentioned in this subsection, used to determine liability for outstanding balances.
(f) Dishonorable tender of payment for reconnection of service. A public utility may immediately terminate service if a payment for reconnection of service is subsequently dishonored, revoked, canceled or otherwise not authorized and which has not been cured or otherwise paid in full within 3 business days of the public utility's dishonored payment notice to the customer under § 56.93(a) (relating to personal contact).
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1 See Secretarial Letter re: Act 155 of 2014 Implementation, Docket No. M-2014-2448824 (December 10, 2014); and 52 Pa. Code Chapter 56.
2 See Secretarial Letter re: Act 155 of 2014 Applicability and Implementation. Docket No. M-2014-2448824 (December 10, 2014).
3 See Petition of PECO Energy Company for Temporary Waiver of Regulations Related to the Required Days In a Billing Period, Docket P-2014-2446292 (Public Meeting December 4, 2014).
4 Electronically transmitted (i.e., faxed, emailed, etc.) medical certificates are considered ''written,'' and thus meet the new requirements of Section 1403. See also 73 P.S. § 2260.303.
5 Pennsylvania Right to Know Law (RTK), 65 P.S. §§ 67.101, et seq. For more information on the PUC's ''Right to Know'' procedures, see http://www.puc.pa.gov/filing_resources/obtain/file_information/right_to_know_policies_and_procedures.aspx.
6 See Petition of PECO Energy Company for Temporary Waiver of Regulations Related to the Required Days In a Billing Period, Docket P-2014-2446292 (Order entered December 4, 2014).
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