PROPOSED RULEMAKING
PENNSYLVANIA PUBLIC UTILITY COMMISSION
[ 52 PA. CODE CH. 56 ]
[ L-00060182/57-265 ]
Standards and Billing Practices for Residential Utility Services
[39 Pa.B. 925]
[Saturday, February 14, 2009]The Pennsylvania Public Utility Commission (Commission) on September 25, 2008, adopted a proposed rulemaking order which amends Chapter 56 to comply with 66 Pa.C.S. Chapter 14 (relating to responsible utility customers protection).
Executive Summary
The purpose of this Proposed Rulemaking order is to promulgate regulations to implement Chapter 14. In particular, section 6 of Act 201 of 2004 requires the Commission to amend Chapter 56 to comply with the provisions of Chapter 14 and, if necessary, promulgate other regulations to administer and enforce Chapter 14.
To facilitate the completion of our responsibility under that Act, we issued an Advanced Notice of Proposed Rulemaking Order on December 4, 2006. This Advance Notice enabled us to gather input from the industry, consumer groups, and advocates before drafting the proposed revisions and provides us the opportunity to conduct a general review of this chapter to identify, modify, or rescind certain provisions of Chapter 56. We have offered all parties the opportunity to address other issues as well. The Advanced Notice was published at 36 Pa.B. 7614 (December 16, 2006). The Commission sought comments on the most controversial and complex provisions of Chapter 14. Comments were received by 22 parties.
Public Meeting held
September 25, 2008Commissioners Present: James H. Cawley, Chairperson; Tyrone J. Christy, Vice Chairperson; Robert F. Powelson; Kim Pizzingrilli; Wayne E. Gardner
Rulemaking to Amend the Provisions of 52 Pa. Code, Chapter 56 to Comply with the Provisions of 66 Pa.C.S. Chapter 14; General Review of Regulations;
Doc. No. L-00060182
Proposed Rulemaking Order By the Commission:
On November 30, 2004, the Governor signed into law SB 677, or Act 201. This law went into effect on December 14, 2004. Act 201 amended Title 66 by adding Chapter 14 (66 Pa.C.S. §§ 1401--1418), Responsible Utility Customer Protection. Act 201 is intended to protect responsible bill paying customers from rate increases attributable to the uncollectible accounts of customers that can afford to pay their bills, but choose not to pay. The legislation is applicable to electric distribution companies, water distribution companies and larger natural gas distribution companies (those having an annual operating income in excess of $6,000,000).1 Steam, wastewater utilities and victims under a protection from abuse (PFA) order are not covered by Chapter 14.
The purpose of this proposed rulemaking order is to promulgate regulations to implement Chapter 14. In particular, section 6 of the act requires the Commission to amend Chapter 56 to comply with the provisions of Chapter 14 and, if necessary, promulgate other regulations to administer and enforce Chapter 14.2 Complying with this obligation imposed by the Act is the main purpose of this rulemaking. In addition, we shall take this opportunity to review the entire Chapter 56 and make revisions when necessary given our experience and the technological advances in the industries.
Background
This legislation seeks to eliminate opportunities for customers capable of paying to avoid paying their utility bills, and to provide utilities with the means to reduce their uncollectible accounts by modifying the procedures for delinquent account collections. The goal of these changes is to increase timely collections while ensuring that service is available to all customers based on equitable terms and conditions. 66 Pa.C.S. § 1402.
Chapter 14 supersedes certain Chapter 56 regulations, all ordinances of the City of Philadelphia and any other regulations that impose inconsistent requirements on the utilities. Chapter 14 expires on December 31, 2014, unless re-enacted. Two years after the effective date and every 2 years thereafter, the Commission must report to the General Assembly regarding the implementation and effectiveness of the Act.3
On January 28, 2005, the Commission issued a Secretarial Letter identifying general subject areas for discussion and encouraged interested parties to file written comments. In addition, on February 3, 2005, the Commission held a ''Roundtable Forum'' to address the implementation and application of Chapter 14.
Written comments were filed by the following interested parties: Energy Association of Pennsylvania (EAP), PECO Energy Company (PECO Energy), PPL Electric Utilities Corporation and PPL Gas Utilities Corporation (PPL), Philadelphia Gas Works (PGW), Aqua Pennsylvania, Inc. (Aqua), Pennsylvania-American Water Company (PAWC), Office of Consumer Advocate (OCA), Community Legal Services (CLS), Pennsylvania Utility Law Project (PULP), Pennsylvania Coalition Against Domestic Violence (PCADV), Pennsylvania Apartment Association, Housing Alliance of Pennsylvania and American Association of Retired Persons (AARP).
Based upon our review of the comments filed by interested parties pursuant to our January 28, 2005 Secretarial Letter and the oral comments expressed at the Roundtable Forum, we issued an Implementation Order on March 4, 2005 that addressed seven threshold issues. Although we considered these issues to be the most fundamental, we understood that this is an ongoing process and that other implementation issues will need to be resolved in the future.
Therefore, by Secretarial Letter issued June 27, 2005, we informed interested parties of the next Chapter 14 Roundtable, July 1, 2005, and established agenda items for this meeting. At this second Chapter 14 Roundtable, we again sought to engage in a discussion that promoted an exchange of ideas and views so that all interested parties would better understand differing positions and the rationales underlying them. It was intended that the parties would benefit from this discussion of the issues and assist in the effective development of procedures, interim guidelines and subsequent regulations necessary to implement the new requirements of Chapter 14.
Written comments were again submitted by the EAP, PECO Energy, PGW, OCA, CLS and PULP. The comments were also intended to supplement oral representations at the July 1, 2005, Roundtable. Another Roundtable discussion was held on July 21, 2005, to discuss PGW-Specific Chapter 14 issues, and written comments were filed by PGW, the OCA, CLS, and PULP. On September 12, 2005, we issued the Second Implementation Order addressing unresolved issues identified for review and disposition as follows:
Section I--Termination/Reconnection
Section II--Payment Arrangements (PARS)
Section III--Applications--Deposits
Section IV--Protection from Abuse (PFA)/Consumer Education
Section V--PGW-Specific IssuesThereafter, we continued to address issues at this docket number. On August 24, 2005, we issued a Section 703(g) Order Seeking Comments on one of these threshold issues--the interpretation of the payment agreement restrictions in Section 1405(d). On October 31, 2005, we issued the Reconsideration of Implementation Order (page 23) amending the Implementation Order by concluding ''that § 1405(d) permits the Commission (in addition to instances where there has been a change of income) to establish one payment agreement that meets the terms of Chapter 14 before the prohibition against a second payment agreement in § 1405(d) applies.'' Finally, on November 21, 2005, we issued a Declaratory Order pursuant to 66 Pa.C.S. § 331(f) that Chapter 14 does not authorize public utilities to require upfront payments greater than those amounts specified in § 1407(c)(2).
At this point in our implementation process, we have addressed and resolved numerous issues involving the application of Chapter 14 provisions. However, as indicated previously, we are required by the legislation to open a rulemaking proceeding. To facilitate the completion of our responsibility under the Act, we issued an Advance Notice of Proposed Rulemaking Order on December 4, 2006. This Advance Notice enabled us to gather input from the industry, consumer groups, and advocates before drafting the proposed revisions and provides us the opportunity to conduct a general review of this Chapter to identify, modify, and/or rescind certain provisions of Chapter 56. See, e.g., General Review of Regulations; Advance Notice of Proposed Rulemaking, Docket No. L-00950103, adopted April 27, 1995, 25 Pa.B. 2188 (June 3, 1995). We have offered all parties the opportunity to address other issues as well.
For example, we explained in the Advance Notice that since the most recent revision of Chapter 56, there have been technological advances including electronic billing and payment, e-mail, the internet, and the like. Parties were invited to comment as to how these technological advances should be addressed in the regulations, especially the billing and payment sections. Furthermore, we asserted that the rulemaking proceeding will also review all of our outstanding ad hoc reporting requirements for the same purpose.
In the Advance Notice, we recognized that Chapter 14 will necessitate significant changes to the winter termination rules at § 56.100; this is an area of crucial importance and is central to the Commission's obligation to protect the health and safety of all citizens of the Commonwealth.
Chapter 14 also changes the procedures utilities may use when screening applicants for service and credit worthiness. Related to this are provisions in Chapter 14 that expand a utility's ability to assign liability for account balances that may have accrued under the name of someone other than the customer or applicant. The Commission requested comments on these procedures of winter terminations and screening and asked for the assistance of all parties in formulating regulations to address these important areas.
The Commission sought comments on the most controversial and complex provisions of Chapter 14 identified in questions set forth in Appendix A to the Advance Notice. Comments were received from the following 22 parties: EAP, PECO Energy, Allegheny Power, PPL, Duquesne Light Company (DLC), the FirstEnergy Companies (FirstEnergy), PGW, Columbia Gas of Pennsylvania, Inc. (Columbia), TW Phillips Gas Company (TWP), NFG, Equitable Gas Company Division of Equitable Resources, Inc. (Equitable), The National Association of Water Companies (NAWC), PAWC, Aqua, OCA, PULP, Action Alliance of Senior Citizens, Tenant Union Representative Network and ACORN (Action Alliance), AARP, PCADV, Women's Law Project (WLP), Women Against Abuse (WAA), and Consumer Advisory Council (CAC). As indicated previously, we encouraged the commentators to raise any matters or issues that they feel we have overlooked or missed, including the need to revise Chapter 56 sections unrelated to Chapter 14. A summary of the comments along with discussion of such are attached to this order as Attachment One.
Conclusion
Upon consideration of the new requirements of Chapter 14 and all of the comments received to date, we propose adoption of the amendments set forth in Annex A. This action here today continues the process of revising our Chapter 56 regulations. As provided for under law, the Commission now seeks comments on the proposed amendments. 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.
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 in 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 in 4 Pa. Code §§ 7.231--7.234, we are considering adopting the proposed amendments set forth in Annex A, attached hereto; Therefore,
It Is Ordered that:
1. A proposed rulemaking be opened to consider the proposed amendments set forth in Annex A.
2. The Secretary shall submit this order, Attachment One 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 Secretary shall submit this Order, Attachment One and Annex A for review and comment to the Independent Regulatory Review Commission and Legislative Standing Committees.
4. The Secretary shall certify this Order and Annex A, and deposit them with the Legislative Reference Bureau to be published in the Pennsylvania Bulletin.
5. Interested parties may submit written comments, original and 15 copies, by April 20, 2009, to James McNulty, Secretary of the Commission, Pennsylvania Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265. The comments should reference the docket number of the proposed rulemaking. In addition, one copy in electronic format (Microsoft Word® 2002 or readable equivalent) on diskette shall be provided to the Secretary and copies shall be e-mailed to Terrence J. Buda (tbuda@state.pa.us), Patti Wiedt (pwiedt@state. pa.us), Cyndi Page (cypage@state.pa.us), and Daniel Mumford (dmumfordstate.pa.us). Comments shall be posted on the Commission web site.
6. That copies of this order shall be served upon all jurisdictional electric utilities, gas, water and wastewater utilities, the Office of Consumer Advocate, the Office of Small Business Advocate and those parties who already submitted comments at this Docket. Attachment One and Annex A shall be posted on the Commission's web site.
7. The contact persons for this matter are Daniel Mumford in the Bureau of Consumer Services (717) 783-1957, and Terrence J. Buda in the Law Bureau (717) 783-3459.
By the Commission
JAMES J. MCNULTY,
SecretaryFiscal Note: 57-265. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 52. PUBLIC UTILITIES
PART I. PUBLIC UTILITY COMMISSION
Subpart C. FIXED SERVICE UTILITIES
CHAPTER 56. STANDARDS AND BILLING PRACTICES FOR RESIDENTIAL 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.
(a) This chapter establishes and enforces uniform, fair and equitable residential public utility service standards governing eligibility criteria, credit and deposit practices, and account billing, termination and customer complaint procedures. This chapter assures adequate provision of residential public utility service, to restrict unreasonable termination of or refusal to provide that service and to provide functional alternatives to termination or refusal to provide that service, while eliminating opportunities for customers capable of paying to avoid the timely payment of public utility bills and protecting against rate increases for timely paying customers resulting from other customers' delinquencies. Public utilities shall utilize the procedures in this chapter to effectively manage customer accounts to prevent the accumulation of large, unmanageable arrearages. Every privilege conferred or duty required by this chapter imposes an obligation of good faith, honesty and fair dealing in its performance and enforcement. This chapter will be liberally construed to fulfill its purpose and policy and to insure justice for all concerned.
(b) This subchapter and Subchapters B--K apply to electric distribution utilities, natural gas distribution 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 a Protection From Abuse (PFA) order from a court of competent jurisdiction.
§ 56.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
AMR (Automatic meter reading)--
(i) Metering using technologies that automatically read and collect data from metering devices and transfer that data to a central database for billing and other purposes.
(ii) The term does not include remote meter reading devices as defined by this section.
Applicant--[A person who applies for residential utility service.] (i) A natural person 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[, within 60 days after termination or discontinuance of service,] 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 due and payable.
Basic services--Services necessary for the physical delivery of residential public utility service.
Billing month--A period of not less than 26 and not more than 35 days except in the following circumstances:
(i) An initial bill for a new [ratepayer] customer may be less than 26 days or greater than 35 days. However, if an initial bill exceeds 60 days, the [ratepayer] customer shall be given the opportunity to amortize the amount over a period equal to the period covered by the initial bill without penalty.
* * * * *
(iii) [In addition, bills] 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.
Billing period--In the case of public utilities supplying gas, electric and steam heating service, the billing period [shall] must conform to the definition of a 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. [Ratepayers] Customers shall be permitted to receive bills monthly and shall be notified of their rights thereto.
Class A water utility--A water utility with annual revenues greater than $ 1 million.
Customer--A natural person 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.
Customer assistance program--A plan or program sponsored by a public utility for the purpose of providing universal service and energy conservation, as defined in 66 Pa.C.S. § 2202 or 2803 (relating to definitions), in which customers make monthly payments based on household income and household size and under which customers shall comply with certain responsibilities and restrictions to remain eligible for the program.
Cycle billing--A system of billing employed by a public utility which results in the normal rendition of bills for public utility service to a group or portion of [ratepayers] customers on different or specified days of one billing period.
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 [or settlement] agreement with the public utility has been entered into by the [ratepayer] 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.
Discontinuation of service--The cessation of service with the consent of the [ratepayer] customer and otherwise in accordance with § 56.72 (relating to discontinuation of service).
Dispute--A grievance of an applicant, [ratepayer] customer or occupant about a public utility's application of a provision covered by this chapter, including subjects such as credit determinations, deposit requirements, the accuracy of meter readings or bill amounts or the proper party to be charged. If, at the conclusion of an initial contact or, when applicable, a follow-up response, the applicant, [ratepayer] customer or occupant indicates satisfaction with the resulting resolution or explanation, the contact will not be considered a dispute.
Electric distribution utility--An entity providing facilities for the jurisdictional transmission and distribution of electricity to retail customers, except building or facility owners or operators that manage the internal distribution system serving the building or facility and that supply electric power and other related electric power services to occupants of the building or facility.
Electronic billing--
(i) The electronic delivery and presentation of bills and related information sent by a public utility to its customers.
(ii) The term also includes any process that permits customers to pay their bills electronically.
Electronic notification of payment--A notification generated by the electronic payment system upon receipt of a payment. The notification will inform the customer of successful receipt and amount of payment and the date and time the payment was received.
* * * * * Formal complaint--A complaint filed before the Commission requesting a legal proceeding before a Commission administrative law judge or a mediation under the management of a Commission administrative law judge.
Household income--
(i) The combined gross income of all adults in a residential household who benefit from the public utility service.
(ii) The term does not include income intended for the use of a minor. Examples of a minor's income include Social Security, child support, SSI, earnings and grants from the Department of Public Welfare.
Informal complaint--A complaint filed with the Commission by a customer that does not involve a legal proceeding before a Commission administrative law judge or a mediation under the management of a Commission administrative law judge.
Informal dispute settlement agreements--A mutually agreeable statement of a claim or dispute by a customer or applicant including a proposed resolution of the claim or dispute. An informal dispute settlement agreement is a written document that is provided to the parties or their representatives. An informal dispute settlement agreement offered by a utility must contain the following statement: ''If you are not satisfied with this agreement, immediately notify the utility that you are not satisfied. You may file either an informal complaint or a formal complaint before the Public Utility Commission without making yourself subject to retaliation by the Utility.'' The informal dispute settlement agreement must also contain the information necessary to contact the Commission either in writing or by telephone.
Initial inquiry--A concern or question of an applicant, [ratepayer] customer or occupant about a public utility's application of a provision covered by this chapter, including 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, [ratepayer] customer or occupant, offers to review pertinent records and call back the applicant, [ratepayer] 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, [ratepayer] 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.
LIHEAP--Low Income Heating Energy Assistance Program--A Federally funded program that provides financial assistance in the form of cash and crisis grants to low-income households for home energy bills and is administered by the Department of Public Welfare.
Natural gas distribution service--The delivery of natural gas to retail gas customers utilizing the jurisdictional facilities of a natural gas distribution utility.
Natural gas distribution utility--
(i) A city natural gas distribution operation or entity that provides natural gas distribution services and may provide natural gas supply services and other services.
(ii) The term does not include the following:
(A) A public utility providing natural gas distribution services subject to the jurisdiction of the Commission that has annual gas operating revenues of less than $6,000,000 per year, except when the public utility voluntarily petitions the Commission to be included within this definition or when the public utility seeks to provide natural gas supply services to retail gas customers outside its service territory.
(B) A public utility providing natural gas distribution services subject to the jurisdiction of the Commission that is not connected to an interstate gas pipeline by means of a direct connection or an indirect connection through the distribution system of another natural gas public utility or through a natural gas gathering system.
Natural gas supply services--
(i) The sale or arrangement of the sale of natural gas to retail gas customers and services that may be unbundled by the Commission under section 66 Pa.C.S. § 2203(3) (relating to standards for restructuring of natural gas utility industry).
(ii) The term does not include natural gas distribution service.
Nonbasic services--Optional recurring services which are distinctly separate and clearly not required for the physical delivery of public utility service.
[Notice or termination notice--A written statement which, in conspicuous print, clearly and fully includes the following information when applicable:
(i) The reason for the proposed termination.
(ii) An itemized statement of accounts currently due, including any required deposit.
(iii) A statement that a specific reconnection fee will be required to have service restored after it has been terminated if a reconnection fee is a part of the tariff of the utility on file with the Commission.
(iv) The date on or after which service will be terminated unless: payment in full is received, the grounds for termination are otherwise eliminated, a settlement or payment agreement is entered or a dispute is filed with the utility or the Commission.
(v) A statement that the ratepayer should immediately contact the utility to attempt to resolve the matter, including the address and telephone number where questions may be filed and payment and settlement agreements entered into with the utility.
(vi) The following statement: ''If, AFTER discussing your problem with the Utility you remain dissatisfied, you may file an informal complaint with the Public Utility Commission. TO AVOID TERMINATION OF SERVICE PENDING RESOLUTION OF A DISPUTE THIS INFORMAL COMPLAINT MUST BE FILED BEFORE THE PROPOSED DATE FOR TERMINATION OF YOUR SERVICE. You may file an informal complaint by telephoning the Public Utility Commission at 1 (800) 692-7380 or by writing to the following address Public Utility Commission, Box 3265, Harrisburg, Pennsylvania 17120.''
(vii) A serious illness notice substantially in compliance with the form as set forth in Appendix A (relating to medical emergency notice) except that, for the purpose of § 56.96 (relating to post-termination notice), the notice shall substantially comply with the form as set forth in Appendix B (relating to medical emergency notice).]
Nurse practitioner--A registered nurse licensed in this Commonwealth who is certified by the State Board of Nursing in a particular clinical specialty area and who, while functioning in the expanded role as a professional nurse, performs acts of medical diagnosis or prescription of medical therapeutic or corrective measures in collaboration with and under the direction of a physician licensed to practice medicine in this Commonwealth.
Occupant--A person who resides in the premises to which public utility service is provided.
Payment agreement--[A mutually satisfactory written agreement whereby a ratepayer or applicant who admits liability for billed service is permitted to amortize or pay the unpaid balance of the account in one or more payments over a reasonable period of time.] An agreement in which a customer who admits liability for billed service is permitted to amortize or pay the unpaid balance of the account in one or more payments.
* * * * * Physician--An individual licensed [under the laws of the Commonwealth] to engage in the practice of medicine and surgery in all of its branches [within the scope of the Medical Practice Act of 1974 (63 P. S. §§ 421.1--421.18) relating to medicine and surgery as amended], or in the practice of osteopathy or osteopathic surgery [within the scope of the Osteopathic Medical Practice Act (63 P. S. §§ 271.1--271.18)] by a jurisdiction within the United States of America.
* * * * * Public utility--An electric distribution utility, natural gas distribution utility or water distribution utility in this Commonwealth that is within the jurisdiction of the Commission.
[Ratepayer--A person in whose name a residential service account is listed and who is primarily responsible for payment of bills rendered for the service. For the purposes of establishing credit, this term includes a transfer of service from a residence or dwelling within the service area of the utility or a reinstitution of service at the same location within 60 days following termination or discontinuance of service.]
Residential service--
(i) [Utility] 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) [Utility] The term does not include public utility service provided to a hotel or motel [is not considered residential service].
[Settlement agreements--A mutually satisfactory settlement of a claim or dispute, reduced to writing and signed by the parties or their representatives. The settlement agreement offered by a utility shall state, immediately preceding the space provided for the name of the ratepayer and in boldface print at least two point sizes larger than any other used thereon: ''If you are not satisfied with this agreement, do not sign it. You may file an informal complaint before the Public Utility Commission without making yourself subject to retaliation by the Utility. If you do sign this agreement, you may give up your right to a hearing before the Commission on any matter involved in this dispute except the utility's failure to follow the terms of this agreement.'']
Termination of service--Cessation of service, whether temporary or permanent, without the consent of the [ratepayer] customer.
* * * * * User without contract--Taking or acceptance of public utility service without the knowledge or approval of the public utility, other than unauthorized use of service as defined in this section.
[Utility--A public utility or a municipality, subject to Commission jurisdiction, which provides electric, gas, steam heat, wastewater or water service.]
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.
(a) A public utility shall render a bill once every billing period to every residential [ratepayer] customer in accordance with approved rate schedules.
(b) A public utility may utilize electronic billing in lieu of mailed paper bills. Electronic billing programs must include the following requirements:
(1) The electronic billing option is voluntary and the customer retains the option of continuing to receive a paper bill if desired. The customer retains the right to revert to conventional paper billings upon request. The customer shall provide the public utility with a 1 month notice of a request to revert to paper billing.
(2) A customer shall receive a visual presentation of an electronic bill in the same format as the paper bill issued by the public utility.
(3) The electronic bill must include the same disclosures and required educational messages that are required for paper bills. The electronic transmission of termination notices may not be permitted.
(4) The electronic bill must include required bill inserts in an easily accessed and easily readable format.
(5) The electronic bill must include the option for the customer to contribute to the public utility's hardship fund.
(6) A customer may not be required to pay an additional fee to receive an electronic bill.
(7) The public utility shall maintain a system to ensure delivery of electronic bills if the bill is emailed to a customer.
(8) The public utility shall maintain sufficient system security to assure customer privacy.
§ 56.12. Meter reading; estimated billing; [ratepayer] customer readings.
Except as provided in this section, a public utility shall render bills based on actual meter readings by public utility company personnel.
(1) Inapplicability to seasonally billed [ratepayers] customers. This section does not apply to [ratepayers] customers billed on a seasonal basis under terms included in the tariff of the public utility.
(2) Estimates for bills rendered on a monthly basis. If a public utility bills on a monthly basis, it may estimate usage of service every other billing month, so long as the public utility provides a [ratepayer] customer with the opportunity to read the meter and report the quantity of usage in lieu of the estimated bill. The resulting bills shall be based on the information provided, except for an account where it is apparent that the information is erroneous.
(i) Upon the request of the [ratepayer] customer, the public utility shall, at least annually, provide preaddressed postcards on which the [ratepayer] customer may [note] report the reading. The public utility shall provide additional preaddressed postcards on request. The public utility may choose to make available electronic and telephonic methods for customers to report meter reading information.
(ii) The public utility may establish due dates by which the postcards shall be received for a bill to be based upon the meter reading of the [ratepayer] customer or occupant. If the reading of a [ratepayer] customer or occupant is not received by that due date, the public utility may estimate the quantity of usage. The public utility may establish due dates for submitting a meter reading when the customer or occupant utilizes an electronic method for reporting meter readings.
(3) Estimates permitted under exigent circumstances. A public utility may estimate the bill of a [ratepayer] customer if extreme weather conditions, emergencies, equipment failure, work stoppages or other circumstances prevent actual meter reading.
(4) Estimates when public utility personnel are unable to gain access. A public utility may estimate the bill of a [ratepayer] customer if public utility personnel are unable to gain access to obtain an actual meter reading, as long as the following apply:
(i) The public utility has undertaken reasonable alternative measures to obtain a meter reading, including, but not limited to, the provision of preaddressed postcards upon which the [ratepayer] customer may [note] report the reading or the telephone reporting of the reading.
(ii) The public utility, at least every 6 months, or every four billing periods for public utilities permitted to bill for periods in excess of 1 month, obtains an actual meter reading or [ratepayer] customer supplied reading to verify the accuracy of the estimated readings.
(iii) The public utility, at least once every 12 months, obtains an actual meter reading to verify the accuracy of the readings, either estimated or [ratepayer] customer read.
(5) Remote reading devices for water, gas and electric utilities. All readings by an AMR device shall be deemed actual readings for the purposes of this subsection. A public utility may render a bill on the basis of readings from a remote reading device under the following conditions:
(i) When a gas, electric or water public utility uses readings from a remote reading device to render bills, the public utility shall obtain an actual meter reading at least once every 5 years to verify the accuracy of the remote reading device. If the [ratepayer] customer of record at the dwelling changes during the 5-year period between actual meter readings, the public utility shall make a bona fide attempt to schedule an appointment with the departing [ratepayer] customer and, if necessary, the new occupant, to secure an actual meter reading.
(ii) When the actual meter reading establishes that the customer was underbilled due to an error in the registration of the remote reading device, the public utility may render a bill for the uncollected amount. If the rebilling exceeds the otherwise normal estimated bill for the billing period during which the bill is issued by at least 50% [and] or at least $50, the public utility shall comply with § 56.14 (relating to previously unbilled public utility service).
(iii) When the actual meter reading establishes that the customer was overbilled due to an error in the readings of the remote reading device, the public utility shall credit or refund to the customer the amount overbilled plus interest calculated under § 56.181(3) (relating to duties of parties; disputing party's duty to pay undisputed portion of bills; public utility's duty to pay interest whenever overpayment found).
* * * * * (6) Limitation of liability. If a water company has estimated bills and if the [ratepayer] 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 [ratepayer] 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) [Equal monthly] Budget billing. A gas, electric and steam heating utility shall provide its residential [ratepayers] 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 utility bills. The public utility shall review accounts at least three times during the optional billing period. A resulting reconciliation amount exceeding $25 shall be amortized over a 3--12 month period. Payment agreements for heating customers shall be based upon equal monthly billing.
(8) Notice. The public utility shall inform existing [ratepayers] customers of their rights under this section and under 66 Pa.C.S. § 1509 (relating to billing procedures).
§ 56.13. [Separate billings] Billings for merchandise, appliances and nonrecurring and recurring services.
Charges for other than basic service--that is, merchandise, appliances and special services, including merchandise and appliance installation, sales, rental and repair costs; meter testing fees; line extension costs; special construction charges, and other nonrecurring charges, except as provided in this chapter--shall appear [on a separate bill] after charges for basic services and appear distinctly separate. This includes charges for optional recurring services which are distinctly separate and clearly not required for the physical delivery of service. Examples include line repair programs and appliance warranty programs.
§ 56.14. Previously unbilled public utility service.
When a public utility renders a make-up bill for previously unbilled public utility service which accrued within the past 4 years resulting from public utility billing error, meter failure, leakage that could not reasonably have been detected or loss of service, or four or more consecutive estimated bills and the make-up bill exceeds the otherwise normal estimated bill for the billing period during which the make up bill is issued by at least 50% [and] or at least $50, whichever is greater:
(1) The public utility shall review the bill with the [ratepayer] customer and make a reasonable attempt to enter into a payment agreement.
(2) The period of the payment agreement may, at the option of the [ratepayer] customer, extend at least as long as:
* * * * * § 56.15. Billing information.
A bill rendered by a public utility for metered residential public utility service [shall] must state clearly the following information:
* * * * * (8) The amount of late payment charges, designated as such, which have accrued to the account of the [ratepayer] customer for failure to pay bills by the due date of the bill and which are authorized under § 56.22 (relating to accrual of late payment charges).
* * * * * (11) A statement directing the [ratepayer] customer to ''register any question or complaint about the bill prior to the due date,'' with the address and telephone number where the [ratepayer] customer may initiate the inquiry or complaint with the public utility.
(12) A statement that a rate schedule, an explanation of how to verify the accuracy of a bill and an explanation of the various charges, if applicable, is available for inspection in the local business office of the public utility.
(13) A designation of the applicable rate schedule as denoted in the officially filed tariff of the public utility.
(14) Electric distribution utilities and natural gas distribution utilities shall incorporate the requirements of §§ 54.4 and 62.74 (relating to bill format for residential and small business customers).
(15) The Plain Language Policy Guidelines in § 69.251 (relating to plain language--statement of policy) shall be incorporated to the extent practical.
§ 56.16. Transfer of accounts.
(a) A [ratepayer] customer who is about to vacate premises supplied with public utility service or who wishes to have service discontinued shall give at least 7 days notice to the public utility and a [nonratepayer] noncustomer occupant, specifying the date on which it is desired that service be discontinued. In the absence of a notice, the [ratepayer] customer shall be responsible for services rendered. If the public utility is not able to access the meter for discontinuance, service shall be discontinued with an estimated meter reading upon which the final bill will be based. The resulting final bill is subject to adjustment once the public utility has obtained an actual meter reading and can determine the actual consumption used by the customer.
(b) In the event of discontinuance or termination of service at a residence or dwelling in accordance with this chapter, a public utility may transfer an unpaid balance to a new residential service account of the same [ratepayer] customer.
(c) If a termination notice has been issued in accordance with § 56.91 (relating to general notice provisions and contents of termination notice) and subsequent to the mailing or delivery of a notice, a [ratepayer] customer requests a transfer of service to a new location, the termination process as set forth in §§ 56.91--56.99 may continue at the new location.
(1) In the event that notifications set forth under § 56.91 and § 56.95 (relating to deferred termination when no prior contact) have been rendered and service has not been terminated due to a denial of access to the premises, the public utility may deny service at a new location when a service transfer is requested.
(2) Nothing in this section shall be construed to limit the right of a [ratepayer] customer to dispute a bill within the meaning of §§ 56.141--56.143 (relating to dispute procedures; time for filing a termination dispute or informal complaints; and effect of failure to timely file an informal complaint).
(d) In the event of a termination of service to a residential [ratepayer] customer, a public utility may transfer to the account of a third-party guarantor any portion of the unpaid balance which is equivalent to the cash deposit requirement of the [ratepayer] customer.
§ 56.17. Advance payments.
Payments may be required in advance of furnishing any of the following services:
* * * * * (3) Gas and electric rendered through prepayment meters provided:
(i) The [ratepayer] customer is nonlow income; for purposes of this section, nonlow income is defined as an individual who has an annual household gross income greater than 150% of the Federal poverty income guidelines, and has a delinquency for which the individual is requesting a payment agreement but offering terms that the public utility, after consideration of the factors at § 56.97(b) (relating to procedures upon [ratepayer] customer or occupant contact prior to termination), finds unacceptable.
(ii) The service is being rendered to an individually-metered residential dwelling, and the [ratepayer] customer and occupants are the only individuals affected by the installation of a prepayment meter.
(iii) The [ratepayer] customer and public utility enter into [a settlement] an informal dispute settlement agreement or payment agreement which includes, but is not limited to, the following terms:
(A) The [ratepayer] customer voluntarily agrees to the installation of a prepayment meter.
(B) The [ratepayer] customer agrees to purchase prepayment cards to maintain service until the total balance is retired and the public utility agrees to make new cards available to the [ratepayer] customer within 5 days of receipt of prepayment.
(C) The public utility agrees to furnish the [ratepayer] customer an emergency backup card for additional usage of at least 5 days.
(D) The [ratepayer] customer agrees that failure to renew the card by making prepayment for additional service constitutes a request for discontinuance under § 56.72(1) (relating to discontinuation of service), except during a medical emergency, and that discontinuance will occur when the additional usage on the emergency backup card runs out.
(iv) [During the first 2 years of use of prepayment meters, the utility thoroughly and objectively evaluates the use of prepayment meters in accordance with the following:
(A) Content. The evaluation should include both process and impact components. Process evaluation should focus on whether the use of prepayment meters conforms to the program design and should assess the degree to which the program operates efficiently. The impact evaluation should focus on the degree to which the program achieves the continuation of utility service to participants at reasonable cost levels. The evaluation should include an analysis of the costs and benefits of traditional collections or alternative collections versus the costs and benefits of handling nonlow income positive ability to pay customers through prepayment metering. This analysis should include comparisons of customer payment behavior, energy consumption, administrative costs and actual collection costs.
(B) Time frame. The process evaluation should be undertaken during the middle of the first year; the impact evaluation at least by the end of the second year.]
The public utility develops a written plan for a prepayment meter program, consistent with the criteria established in this section, and submits the plan to the Commission at least 30 days in advance of the effective date of the program.
(v) [The utility develops a written plan for a prepayment meter program, consistent with the criteria established in this section, and submits the plan to the Commission at least 30 days in advance of the effective date of the program.]
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 utility service to participants at reasonable cost levels. The evaluation should include an analysis of the costs and benefits of traditional collections or alternative collections versus the costs and benefits of handling nonlow income positive ability to pay customers through prepayment metering. This analysis should include comparisons of customer payment behavior, energy consumption, administrative costs and actual collection costs.
(B) Time frame. The process evaluation should be undertaken during the middle of the first year; the impact evaluation at least by the end of the second year.
* * * * *
PAYMENTS § 56.21. Payment.
The due date for payment of a bill may be no less than 20 days from the date of transmittal; that is, the date of mailing or [physical] delivery of the bill by the public utility to the [ratepayer] customer.
(1) Extension of due date to next business day. If the last day for payment falls on a Saturday, Sunday, bank holiday or other day when the offices of the public utility which regularly receive payments are not open to the general public, the due date shall be extended to the next business day.
(2) Date of payment by mail. For a remittance by mail, one or more of the following applies:
* * * * * (ii) The public utility may not impose a late payment charge unless payment is received more than 5 days after the due date.
* * * * * (4) Electronic transmission. The effective date of a payment electronically transmitted to a public utility is the date of actual receipt of the electronic notification of payment.
(5) Fees. Fees or charges assessed and collected by the public utility for utilizing a payment option shall be included in the public utility's tariff on file at the Commission.
(6) Multiple notifications. When a public utility advises a [ratepayer] customer of a balance owed by multiple notices or contacts, which contain different due dates, the date on or before which payment is due shall be the last date contained in any of the notices.
§ 56.22. Accrual of late payment charges.
(a) Every public utility subject to this chapter is prohibited from levying or assessing a late charge or penalty on any overdue public utility bill, as defined in § 56.21 (relating to payment), in an amount which exceeds 1.5% interest per month on the [full unpaid and] overdue balance of the bill. These charges are to be calculated on the overdue portions of the bill only. The interest rate, when annualized, may not exceed 18% simple interest per annum.
(b) An additional charge or fixed fee designed to recover the cost of a subsequent rebilling may not be charged by a regulated public utility.
(c) Late payment charges may not be imposed on disputed estimated bills, unless the estimated bill was required because public utility personnel were willfully denied access to the affected premises to obtain an actual meter reading.
(d) A public utility may waive a late payment charge on any customer accounts. The Commission may direct the waiver of late payment charges for customers with a gross income less than or equal to 150% of the Federal poverty level. See 66 Pa.C.S. § 1409 (relating to late payment charge waiver).
(e) Additional late payment charges may not be assessed on account balances once the account is no longer actively billed by the public utility.
§ 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 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 [an amortization] payment agreement, 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.
§ 56.25. Electronic bill payment.
A public utility may offer electronic payment options. Electronic payment programs must include the following requirements:
(1) Electronic bill payment shall be voluntary and may not be required in conjunction with electronic billing.
(2) For electronic bill payment through a charge to a customer's credit card or automatic withdrawal from a customer's checking account, the program must set forth the date (or number of days after issuance of the bill) when the automatic payment shall be made.
(3) The terms of the payment procedures shall be fully disclosed to the customer in writing before the customer enters the program. Program changes shall be conveyed to the customer in writing and the customer shall be given an opportunity to withdraw from the program if the customer does not wish to continue under the new terms.
(4) The public utility shall provide a receipt, either electronically or on paper, to the customer upon payment through the electronic method.
(5) The public utility shall maintain sufficient system security to protect customer information and access to customer accounts.
Subchapter C. CREDIT AND DEPOSITS STANDARDS POLICY
PROCEDURES FOR NEW APPLICANTS § 56.31. Policy statement.
An essential ingredient of the credit and deposit policies of each public utility shall be the equitable and nondiscriminatory application of those precepts to potential and actual [ratepayers] customers throughout the service area without regard to the economic character of the area or any part thereof. Deposit policies [shall] must be based upon the credit risk of the individual applicant or [ratepayer] customer rather than the credit history of the affected premises or the collective credit reputation or experience in the area in which [he] the applicant or customer lives and without regard to race, sex, age over 18, national origin or marital status.
§ 56.32. [Credit standards] Security and cash deposits.
[A utility shall provide residential service without requiring a deposit when the applicant satisfies one of the following requirements:
(1) Prior utility payment history. The applicant has been a recipient of utility service of a similar type within a period of 24 consecutive months preceding the date of the application and was primarily responsible for payment for such service, so long as:
(i) The average periodic bill for the service was equal to at least 50% of that estimated for new service.
(ii) The service of the applicant was not terminated for nonpayment during the last 12 consecutive months of that prior service.
(iii) The applicant does not have an unpaid balance from that prior service.
(2) Ownership of real property. The applicant owns or has entered into an agreement to purchase real property located in the area served by the utility or is renting his place of residence under a lease of one year or longer in duration, unless the applicant has an otherwise unsatisfactory credit history as an utility customer within 2 years prior to the application for service.
(3) Credit information. The applicant provides information demonstrating that he is not an unsatisfactory credit risk.
(i) The absence of prior credit history does not, of itself, indicate an unsatisfactory risk.
(ii) The utility may request and consider information including but not limited to: the name of the employer of the applicant, place and length of employment, residences during the previous 5 years, letters of reference, credit cards and any significant source of income other than from employment.]
(a) A public utility may require a cash deposit 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 utility distribution services and was a customer of the public utility and whose service was terminated for any of the following reasons:
(i) Nonpayment of an undisputed delinquent account.
(ii) Failure to complete payment of a deposit, provide a guarantee or establish credit.
(iii) Failure to permit access to meters, service connections or other property of the public utility for the purpose of replacement, maintenance, repair or meter reading.
(iv) Unauthorized use of the public utility service delivered on or about the affected dwelling.
(v) Failure to comply with the material terms of an informal dispute settlement agreement or payment agreement.
(vi) Fraud or material misrepresentation of identity for the purpose of obtaining public utility service.
(vii) Tampering with meters, including bypassing a meter or removal of an automatic meter reading device or other public utility equipment.
(viii) Violating tariff provisions on file with the Commission which endanger the safety of a person or the integrity of the delivery system of the public utility.
(2) An applicant or customer who is unable to establish creditworthiness to the satisfaction of the public utility through the use of a generally accepted credit scoring methodology 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 utility bill payment.
(b) Except for applicants who are subject to a deposit under subsection (a), a city natural gas distribution operation may require a deposit from the applicant as follows:
(1) When an applicant has household income above 300% of the Federal poverty level, a deposit of 1/6 of the applicant's estimated annual bill shall be paid in full at the time the city natural gas distribution operation determines a deposit is required.
(2) When an applicant has household income no greater than 300% of the Federal poverty level, 1/12 of the applicant's estimated annual bill shall be paid in full at the time the city natural gas distribution operation determines a deposit is required. Applicants who enroll into the customer assistance program made available by the city natural gas distribution operation are not subject to this paragraph.
(3) The Commission will permit a city natural gas distribution operation to refuse to provide service to an applicant when the applicant has a pending lien or civil judgment by the city natural gas distribution operation outstanding against the applicant or against property owned in whole or in part by the applicant unless the applicant enters into a payment arrangement for the payment of the amount associated with the lien or judgment that remains outstanding at the time of the application.
(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.
§ 56.33. [Cash deposits; third] Third-party guarantors.
If an applicant does not establish [his] credit under § 56.32 (relating to [credit standards] security and cash deposits), the public utility shall provide residential service when one of the following requirements is satisfied:
* * * * * (2) Third-party guarantor. [The applicant furnishes a written guarantee from a responsible ratepayer which, for the purposes of this section, shall mean a ratepayer who has or can establish credit, under § 56.32, to secure payment in an amount equal to that required for cash deposits.
(i) A guarantee shall be in writing and shall state the terms of the guarantee.
(ii) The guarantor shall be discharged when the applicant has met the terms and conditions which apply under §§ 56.52--56.57.]
This section does not preclude an applicant from furnishing a third-party guarantor in lieu of a cash deposit. The guaranty must be in writing and state the terms of the guaranty. The guarantor shall be responsible for all missed payments owed to the public utility.
§ 56.35. Payment of outstanding balance.
(a) A public utility may require, as a condition of the furnishing of residential service to an applicant, the payment of any outstanding residential account with the public utility which accrued within the past 4 years for which the applicant is legally responsible and for which the applicant was billed properly. [However, any such]
(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.
(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.
(2) A public utility may establish that an applicant 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.
(3) Public utilities shall include in their tariffs filed with the Commission the procedures and standards used to determine the applicant's liability for any outstanding balance. Any outstanding residential account with the public utility may be amortized [over a reasonable period of time. Factors to be taken into account include but are not limited to the size of the unpaid balance, the ability of the applicant to pay, the payment history of the applicant, and the length of time over which the bill accumulated. A utility may not require, as a condition of the furnishing of residential service, payment for residential service previously furnished under an account in the name of a person other than the applicant unless a court, district justice or administrative agency has determined that the applicant is legally obligated to pay for the service previously furnished. Examples of situations include a separated spouse or a cotenant] in accordance with § 56.191 (relating to the general rule).
(c) This section does not affect the creditor rights and remedies of a public utility otherwise permitted by law.
§ 56.36. Written procedures.
(a) Public utilities shall include in their tariffs filed with the Commission their credit and application procedures along with their credit scoring methodology and standards.
(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. A public utility [employe] 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 [ratepayer] customer or applicant orally and in writing of the reasons for the denial within 3 business days of the denial. The written denial statement must include the applicant or customer's credit score, the provider of the credit score, information on the customer or 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 that more lenient credit and liability standards may be available.
(2) Informing applicants of procedures. [Utility] Public utility personnel shall fully explain the credit and deposit procedures of the public utility to each [ratepayer] customer or applicant for service.
(3) Third-party requests for service. Requests from third parties to establish public utility service, on behalf of an applicant, will not be honored until the public utility has verified the legitimacy of the request. Verification may be accomplished by any means appropriate to confirm that the applicant consents to service being established or that the third party is authorized to act on the applicant's behalf.
§ 56.37. General rule.
Once an applicant's application for service is accepted by the public utility, the public utility shall provide service within 3 days, provided that the applicant has met all requirements. A longer time frame is permissible with the consent of the applicant. If the investigation and determination of credit status is expected to take or in fact takes longer than 3 business days commencing the date after the application is made, the public utility shall provide service pending completion of the investigation.
§ 56.38. Payment period for deposits by applicants.
An applicant may elect to pay any required deposits in three installments: 50% payable upon the determination by the public utility that the deposit is required, 25% payable 30 days after the determination, and 25% payable 60 days after the determination. A public utility shall advise an applicant of the option to pay the requested security deposit in installments at the time the deposit is requested.
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1 Small natural gas companies may voluntarily ''opt in'' to Chapter 14. 66 Pa.C.S. § 1403.
2 Section 6 further provides that ''promulgation of any such regulation shall not act to delay the implementation or effectiveness of this chapter.''
3 On December 14, 2006, the Commission issued the First Biennial Report to the General Assembly and the Governor pursuant to Section 1415.
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