[39 Pa.B. 925]
[Saturday, February 14, 2009]
[Continued from previous Web Page]
FORMAL COMPLAINTS § 56.172. [Time for filing] Filing.
[Within 20 days of notification or mailing of the informal complaint report and not thereafter except for good cause, an appeal from the report of the Consumer Service Representative may be initiated by means of a written intention to appeal. Upon receipt of this written intention, the Secretary's Bureau will determine whether the appeal is from a mediation decision of the Bureau of Consumer Services--to be docketed with the prefix ''Z''--or another type of appeal. Thereafter, formal complaint forms shall be filed by the party taking the appeal.
(1) Appeal from mediation decisions where the issue is solely ability to pay shall proceed in accord with § 56.174 (relating to formal complaint procedures for appeals from mediation decisions of the Bureau of Consumer Services).
(2) Other appeals shall proceed in accord with § 56.173 (relating to formal complaint procedures other than appeals from mediation decisions of the Bureau of Consumer Services).]
(a) A request for review of the decision of the Bureau of Consumer Services (BCS) must be initiated in writing within 20 days of issuance.
(b) Upon receipt of a request for review of the decision of the BCS, the Secretary will mail a formal complaint form to the requesting person.
(c) Within 30 days of the mailing of the formal complaint form, the party requesting review of decision of the BCS shall file the completed complaint form with the Secretary.
(d) Upon the filing of a formal complaint within the 30 day period and not thereafter except for good cause shown, there will be an automatic stay of the informal complaint decision.
(e) The failure to request review of the BCS decision by filing a formal complaint within the 30 day period does not foreclose a party from filing a formal complaint at a later time except as otherwise may be provided in 66 Pa.C.S. (relating to public utility code).
§ 56.173. [Formal complaint procedures other than appeals] Review from [mediation] informal complaint decisions of the Bureau of Consumer Services.
(a) Assignment. [Appeals from] Review of informal complaint [reports] decisions will be heard [de novo by the Commission, a Commissioner or] by an [Administrative Law Judge] law judge or special agent[:].
[(1)] (b) Filing and docketing. [Appeals] Complaints will be filed and docketed as a formal Commission complaint, under §§ [5.22 and 5.61 (relating to contents of formal complaint; and answers to complaints, petitions and motions)] 1.31--1.38 (relating to requirements for documentary filings).
[(2)] (c) Captions. The parties to [an appeal] a review will be stated in the caption as they stood upon the record of the informal complaint proceeding[, with]. If the party requesting review is a public utility, the [addition of the] phrase [of] ''Complaint Appellant'' will be added after [the] its name [of the party taking the appeal].
[(3) Hearings. Hearings conducted by a Commissioner or administrative law judge will be held within a reasonable period of time after the filing of the answer. The parties may incorporate portions of the conference report or informal complaint report that they shall agree upon.
(4) Formal complaint report. The Commissioner or administrative law judge assigned to the formal complaint will file his report with the Commission within a reasonable period of time after the receipt of the transcribed testimony. Included in the report will be a description of the matter, findings of fact, conclusions of law and other discussion and opinion as is appropriate.
(5)] (d) Commission review. The Commission will review the [report] decision of the assigned administrative law judge or [Commissioner] special agent, commit it to advisory staff for further analysis, remand it to an administrative law judge or [Commissioner] special agent for further development of the record or issue a final order. The burden of proof remains with the party filing the formal complaint.
§ 56.174. [Formal complaint procedures for appeals from mediation decisions of the Bureau of Consumer Services] Ability to pay proceedings.
[Appeals from mediation decisions of the Bureau of Consumer Services, and any other case in which the issue is solely ability to pay, including ability to pay according to payment agreements, shall be assigned to a special agent for review. Where there are issues involved other than ability to pay, any party or the Office of Administrative Law Judge sua sponte, can remove or seek removal of the appeal to an administrative law judge.
(1) Filing and docketing. Appeals shall be filed as a formal complaint under this title and shall be docketed. with the prefix ''Z.''
(2) Caption. Parties will be stated in the caption as in the informal complaint proceeding, with the addition of the designation ''Appellant'' after the name of the party taking the appeal.]
(a) Assignments. Requests for review of decisions of the Bureau of Consumer Services (BCS) and any other case in which the issue is solely ability to pay may be assigned to a special agent.
[(3)] (b) Stay of informal complaint decision. Upon [appeal] the filing of a formal complaint in a case seeking review from the [mediation] decision of the [Bureau of Consumer Services] BCS, there shall be an automatic stay of payment arrangements ordered in that decision, other than current bills not at issue. The public utility may request that the [special agent] presiding officer remove the stay and order payment of amounts set forth in the [mediation] informal complaint decision. When current bills are not at issue, the [ratepayer will] customer shall be responsible for payment of current, undisputed bills pending [review] issuance of a final Commission order.
[(4)] (c) Hearings. The [special agent shall] presiding officer will conduct hearings within a reasonable period after filing of the [appeal] review and answer. [The] If the presiding officer is a special agent [shall], the special agent will have all powers of an administrative law judge [or presiding officer]. Subject to any valid evidentiary objections raised by the parties, the presiding officer will enter into the record BCSs documents on the complainant's income, the utility report to the BCSs from the utility, and the BCSs decision when the formal complaint was the subject matter of a BCSs informal decision.
(i) The [special agent shall] presiding officer will attempt to hold hearings by telephone, [subject to the approval of the] unless one or more parties object. Hearings [shall] will be held [within 25 days] after [receipt of appellee's] the filing of an answer.
(ii) The [special agent shall] presiding officer will hear the [appeals] case de novo, but may request a stipulation of the parties as to undisputed facts.
(iii) Hearings [shall] will be tape recorded and [may] will not be transcribed, unless the parties request the use of a stenographer or a transcription of the tape [recording] or other circumstances warranting transcription exist. Unless objected to, parties may make their own tape recording of the proceedings, but the only official record shall be that [sanctioned] made by the [special agent] presiding officer.
[(5)] (d) Proposed findings of fact and conclusions of law or briefs. The parties shall have the opportunity of submitting proposed findings of fact and conclusions of law or briefs to the [special agent, with supporting reasons therefor. If proposed findings and conclusions have not been submitted at or before hearing, notice] presiding officer. Notice of intent to submit [them] findings of fact and conclusions of law or briefs shall be given at the hearing and they shall be submitted within 10 days of the hearing.
[(6) Formal complaint report] (e) Initial decision. The [special agent shall] presiding officer will render a written decision [within 25 days] after the hearings or [25 days] after the receipt of proposed findings of fact and conclusions of law or briefs, if they are filed. The initial decision [shall] will be in writing and [shall] contain a brief description of the matter, findings of fact and conclusions of law. The initial decision shall be subject to the filing of exceptions under the procedures set forth in Chapters 1 and 5 (relating to rules of administrative practice and procedure; and formal proceedings).
[(7) Post hearing procedures. A party to a proceeding referred to a special agent may file exceptions to the decision of the special agent within 15 days after the decision is issued, in a form and manner to be prescribed by the Commission. The special agent shall rule upon the exceptions within 30 days after filing. A party to the proceeding may appeal to the Commission from the ruling of the special agent on the exceptions within 15 days after the ruling is issued. If no exceptions are filed or if no appeal is taken from the ruling on the exceptions within 15 days after the decision or ruling is issued, the decision or ruling shall become final, without further Commission action, unless two or more commissioners within 15 days after the decision or ruling on the exceptions request that the Commission review the decision and make the other order, within 90 days of the request, as it shall determine.]
PAYMENT OF BILLS PENDING RESOLUTION OF DISPUTES AND COMPLAINTS § 56.181. Duties of parties; disputing party's duty to pay undisputed portion of bills; public utility's duty to pay interest whenever overpayment found.
Pending resolution of a dispute, including a termination dispute, the disputing party shall be required to pay the undisputed portion of bills, as described in this section[:].
* * * * * (2) Pending formal complaint. Prior to the hearing on a formal complaint or prior to the issuance of a Commission order when no hearing is to be held in a formal complaint proceeding, the [ratepayer] customer shall be required to pay that amount which the [Consumer Services Representative] consumer services representative determines is not reasonably disputed.
* * * * * (4) Effect of offer of payment. An offer by a [ratepayer] customer to pay all or any portion of a bill may not be deemed a waiver of a right to reimbursement for amounts subsequently deemed, by the parties or the Commission, to have been overpaid.
(5) Effect of acceptance of partial payment. The acceptance by a public utility of a partial payment for a bill pending final outcome of a dispute may not be deemed an accord and satisfaction or waiver of the right of the public utility to payment in full as subsequently agreed to by the parties or decided by the Commission.
Subchapter G. RESTORATION OF SERVICE § 56.191. General rule.
[When service to a dwelling has been terminated, the utility shall reconnect service by the end of the first full working day after receiving one of the following:
(1) Full payment of an outstanding charge plus a reasonable reconnection fee. Outstanding charges and the reconnection fee may be amortized over a reasonable period of time. Factors to be taken into account shall include, but are not be limited to:
(i) The size of the unpaid balance.
(ii) The ability of the ratepayer to pay.
(iii) The payment history of the ratepayer.
(iv) The length of time over which the bill accumulated.
(2) Payment of amounts currently due according to a settlement or payment agreement, plus a reasonable reconnection fee, which may be a part of the settlement or payment agreement. The utility may apply the procedure in paragraph (1), if the payment history indicates that the ratepayer has defaulted on at least two payment agreements, or an informal complaint decision, or a formal complaint order.
(3) Adequate assurances that any unauthorized use or practice will cease, plus full payment of the reasonable reconnection fee of the utility, which may be subject to a payment agreement and compliance or adequate assurance of compliance with an applicable provision for the establishment of credit or the posting of deposits or guarantees.]
(a) Fee. A public utility may require a reconnection fee based upon the public utility's cost as approved by the Commission prior to reconnection of service following lawful termination of the service. The amount of this fee shall be specified in the public utility's tariff on file with the Commission.
(b) Timing. When service to a dwelling has been terminated, provided the applicant has met all applicable conditions, the public utility shall reconnect service as follows:
(1) Within 24 hours for erroneous terminations or upon receipt by the public utility of a valid medical certification. Erroneous terminations include instances when the grounds for termination were removed by the customer paying the amount needed to avoid termination prior to the termination of the service.
(2) Within 24 hours for terminations and reconnections occurring after November 30 and before April 1.
(3) Within 3 calendar days for erroneous terminations requiring street or sidewalk digging.
(4) Within 3 calendar days from April 1 to November 30 for proper terminations.
(5) Within 7 calendar days for proper terminations requiring street or sidewalk digging.
(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.
(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. For purposes of this section, neither a payment agreement intended to amortize a make-up bill under § 56.14 (relating to previously unbilled utility service) or the definition of ''billing month'' in § 56.2 (relating to definitions), nor a payment agreement that has been paid in full by the customer, are to be considered.
(ii) If a customer or applicant with household income exceeding 300% of the Federal poverty level experiences a life event, the customer shall be permitted a period of not more than 3 months to pay the outstanding balance required for reconnection. For purposes of this paragraph, a life event is:
(A) A job loss that extends beyond 9 months.
(B) A serious illness that extends beyond 9 months.
(C) Death of the primary wage earner.
(iii) Full payment of any reconnection fees together with repayment over 12 months of any outstanding balance incurred by the customer or applicant, if the customer or applicant has an income exceeding 150% of the Federal poverty level but not greater than 300% of the Federal poverty level. The initial payment toward the outstanding balance required as a condition of restoration cannot exceed 1/12 of the outstanding balance.
(iv) Full payment of any reconnection fees together with payment over 24 months of any outstanding balance incurred by the customer or applicant if the customer or applicant has an income not exceeding 150% of the Federal poverty level. The initial payment toward the outstanding balance required as a condition of restoration cannot exceed 1/24 of the outstanding balance. A customer or applicant of a city natural gas distribution operation whose household income does not exceed 135% of the Federal poverty level shall be reinstated under this subsection only if the customer or applicant enrolls in the customer assistance program of the city natural gas distribution operation. This requirement may not apply if the financial benefits to the customer or applicant are greater if served outside of that assistance program.
(d) Payment of outstanding balance at premises. A public utility may require the payment of any 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, except for instances of fraud and theft.
(e) Approval. 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. Public utilities shall include in their tariffs filed with the Commission the procedures and standards used to determine liability for outstanding balances.
§ 56.192. Personnel available to restore service.
A public utility shall have adequate personnel available between 9 a.m. and 5 p.m. on each working day or for a commensurate period of 8 consecutive hours to restore service when required under this [subchapter] chapter, specifically in §§ 56.82 and 56.191 (relating to timing of termination; and the general rule).
Subchapter H. PUBLIC INFORMATION PROCEDURES; RECORD MAINTENANCE § 56.201. Public information.
In addition to the notice requirements [set forth] in this chapter, the Commission will, within 6 months of the effective date of a change to a regulation in this chapter, prepare a summary of the rights and responsibilities of the public utility and its [ratepayers] customers affected by the change. Summaries [shall] will be mailed by the public utility to each [ratepayer] customer of the public utility affected by the change. These summaries, as well as a summary of the rights and responsibilities of the public utility and its [ratepayers] customers in accordance with this chapter, be in writing, shall be reproduced by the public utility, shall be displayed prominently, and shall be available at all public utility office locations open to the general public. This information be delivered or mailed to each new [ratepayer] customer of the public utility upon the commencement of service and be available at all times upon request. A public utility which serves a substantial number of Spanish-speaking [ratepayers] customers shall provide billing information in English and in Spanish. The written information [shall] must indicate conspicuously that it is being provided in accordance with [the regulations of the Commission] this title and [shall] contain information concerning, but not limited to, the following:
* * * * * (8) Explanation of meter reading procedures which would enable a [ratepayer] customer or occupant to read his own meter.
(9) Procedure whereby [ratepayers] customers or occupants may avoid discontinuance of service during extended periods of absence.
* * * * * (11) Telephone numbers and addresses of the public utility and of the nearest regional office of the Commission where further inquiries may be made.
(12) Definitions of terms or abbreviations used by the public utility on its bills.
(13) Information indicating that additional consumer protections are available for victims of domestic violence.
§ 56.202. Record maintenance.
A public utility shall preserve for a minimum of 4 years written or recorded disputes and complaints, [shall] keep the records within this Commonwealth at an office located in the territory served by it, and [shall] make the records available for examination by the Commission or its staff. Information to be maintained [shall include] includes the following:
(1) The payment performance of each of its [ratepayers] customers.
(2) The number of [settlement] informal dispute settlement agreements and payment agreements made by the public utility company and a synopsis of the terms, conditions and standards upon which agreements were made.
* * * * * (4) Communications to or from individual [ratepayers] customers regarding interruptions, discontinuances, terminations and reconnections of service, including the name and address of the [ratepayer] customer, the date and character of the dispute or complaint and the adjustment or disposal made of the matter.
Subchapter I. INFORMAL COMPLAINTS § 56.211. [Informal complaints] (Reserved).
[The Bureau of Consumer Services (BCS) will have primary jurisdiction over ratepayer, applicant or occupant complaints arising under this chapter. The BCS, through its Director and with the concurrence of the Commission, will establish appropriate internal procedures to implement the provisions of this chapter.
(1) Absent good cause, the BCS will handle only Chapter 56 informal complaints in which the customer first attempted to resolve the matter with the utility.
(2) Only after the customer and the utility have failed to resolve the dispute will BCS initiate an investigation.]
Subchapter J. GENERAL PROVISIONS § 56.221. Availability of normal Commission procedures.
Nothing in this chapter [is deemed to prevent] prevents a person or a public utility from pursuing other Commission procedures in a case not described in this chapter.
§ 56.222. Applications for modification or exception.
(a) If unreasonable hardship to a person or to a public utility results from compliance with a section in this chapter, application may be made to the Commission for modification of the section or for temporary exemption from its requirements. The adoption of this chapter by the Commission will in no way preclude it from altering or amending it under the applicable statutory procedures, nor will the adoption of this chapter preclude the Commission from granting temporary exemptions in exceptional cases.
(b) A person or public utility that files an application under this section shall provide notice to persons who may be affected by the modification or temporary exemption. Notice may be made by a bill insert or in another reasonable manner.
Subchapter K. [MONTHLY] PUBLIC UTILITY REPORTING REQUIREMENTS § 56.231. Reporting requirements.
(a) Within 15 days after the end of each month, each electric[, gas] distribution utility, natural gas distribution utility, class A water distribution utility and steam heat utility shall file with the Commission a report containing the following information concerning residential accounts for that month:
(1) [Total number of accounts, categorized as follows:
(i) By classification--residential, residential multi-unit dwellings.
(ii) By usage--heating, nonheating.
(2) Number of overdue accounts, categorized as follows:
(i) By usage--heating, nonheating.
(ii) By amount overdue--$25 or less, $26--$50, $51--$150, $151--$250, $251--$500, $501--$1,000 and over $1,000.
(iii) By time overdue in days--30 days or less, 31--60 days, 61--90 days, 91--120 days, and over 120 days.
(3) Dollar amount overdue, categorized as follows:
(i) Total amount of arrearages.
(ii) By usage--heating, nonheating.
(iii) By time overdue in days--30 days or less, 31--60 days, 61--90 days, 91--120 days, and over 120 days.
(4) Total number of ten-day termination notices sent out by company.
(5) Total number of dwellings which receive notices sent to ratepayers other than occupants.
(6) Number of completed personal contacts categorized as follows:
(i) In person.
(ii) By telephone.
(iii) By third-party notification to a person designated by the customer.
(iv) By third-party notification to a community interest group.
(v) By third-party notification to the Commission or its designee.
(7) Total number of 48-hour notices posted.
(8) Number of terminations completed by the company, categorized as follows:
(i) Number of nonpayment of undisputed delinquent accounts, failure to satisfy credit requirements, noncompliance in the settlement of amortization agreement.
(ii) Others.
(9) Number of terminations completed, categorized as follows:
(i) By usage--heating, nonheating.
(ii) By amount overdue--$25 or less, $26--$50, $51--$150, $151--$250, $251--$500, $501--$1,000 and over $1,000.
(iii) By length of time overdue--30 days or less, 31--60 days, 61--90 days, 91--120 days, and over 120 days.
(iv) By first three digits of each account's zip code.
(10) Reconnections, categorized as follows:
(i) By usage--heating, nonheating.
(ii) By whether amortization settlement agreement was achieved:
(A) With involvement of the Commission.
(B) Between the customer and utility.
(iii) By total number of the reconnections due to medical certification.
(iv) By total number of reconnections due to full payment of arrearage.]
The total number of residential heating customers.
(2) The total number of residential nonheating customers.
(3) The total number of active residential accounts in arrears not on a payment agreement.
(4) The total dollar amount in arrears for active residential accounts in arrears and not on a payment agreement.
(5) The total number of active residential accounts in arrears and on a payment agreement.
(6) The total dollar amount in arrears for active residential accounts in arrears and on a payment agreement.
(7) The total number of inactive residential accounts in arrears.
(8) The total dollar amount of inactive residential accounts in arrears.
(9) The total number of 10-day termination notices sent out by company.
(10) The total number of dwellings receiving termination notices sent to occupants other than the customer.
(11) The total number of 3-day termination notices completed by personal contact in person.
(12) The total number of 3-day termination notices completed by telephone.
(13) The total number of 48-hour termination notices posted.
(14) The total number of terminations for nonpayment.
(15) The total number of terminations for reasons other than nonpayment.
(16) The total number of terminations for nonpayment and reasons other than nonpayment categorized by the first three digits of each account's postal code.
(17) The total number of reconnections for full customer payment. Categorize into one of five groups based upon the customer's relation to the Federal poverty guidelines:
(i) Less than 150% of the Federal poverty guideline.
(ii) Between 151--250% of the Federal poverty guideline.
(iii) Between 251--300% of the Federal poverty guideline.
(iv) Greater than 300% of the Federal poverty guideline.
(v) Not available.
(18) The total number of reconnections for partial customer payment or payment agreement. Categorize into one of five groups based upon the customer's relation to the Federal poverty guidelines:
(i) Less than 150% of the Federal poverty guideline.
(ii) Between 151--250% of the Federal poverty guideline.
(iii) Between 251--300% of the Federal poverty guideline.
(iv) Greater than 300% of the Federal poverty guideline.
(v) Not available.
(19) The total number of reconnections for customer submission of medical certification. Categorize into one of five groups based upon the customer's relation to the Federal poverty guidelines:
(i) Less than 150% of the Federal poverty guideline.
(ii) Between 151--250% of the Federal poverty guideline.
(iii) Between 251--300% of the Federal poverty guideline.
(iv) Greater than 300% of the Federal poverty guideline.
(v) Not available.
(20) The total number of reconnections for reasons other than customer payment or medical certification. Categorize into five groups based upon the customer's relation to the Federal poverty guidelines:
(i) Less than 150% of the Federal poverty guideline.
(ii) Between 151--250% of the Federal poverty guideline.
(iii) Between 251--300% of the Federal poverty guideline.
(iv) Greater than 300% of the Federal poverty guideline.
(v) Not available.
(21) The total number of applicants that are requested or billed a security deposit.
(22) The total dollar amount in security deposits that are requested or billed to applicants.
(23) The total number of customers that are requested or billed a security deposit.
(24) The total dollar amount in security deposits that are requested or billed to customers.
(b) Within 90 days after the end of each year, each electric distribution utility, natural gas distribution utility, class A water distribution utility and steam heat utility shall file with the Commission a report containing the following information concerning residential accounts for the previous year:
(1) The total number of security deposits on hand.
(2) The total dollar amount in security deposits on hand.
(3) The total dollar amount of annual collection operating expenses.
(4) The total dollar amount of annual residential billings.
(5) The total dollar amount of annual gross residential write-offs.
(6) The total dollar amount of annual net residential write-offs.
(7) The average monthly bill for the previous year for a heating customer.
(8) The average monthly bill for the previous year for a nonheating customer.
(9) The average monthly usage for a heating customer.
(10) The average monthly usage for a nonheating customer.
(c) Public utilities shall refer to the data dictionary in Appendix C (relating to definitions (§ 56.231)) for additional guidance as to the terms used in this section.
(Editor's Note: The following subchapters are new. The text has been printed in regular print to enhance readability.)
Subchapter L. PRELIMINARY PROVISIONS FOR WASTEWATER, STEAM HEAT AND SMALL NATURAL GAS DISTRIBUTION UTILITIES AND VICTIMS OF DOMESTIC VIOLENCE WITH A PROTECTION FROM ABUSE ORDER Sec.
56.251. Statement of purpose and policy. 56.252. Definitions. § 56.251. Statement of purpose and policy.
Subchapters L--V apply to victims under a Protection From Abuse Order as provided by 23 Pa.C.S. Chapter 61 (relating to protection from abuse) and 66 Pa.C.S. § 1417 (relating to nonapplicability). These subchapters also apply to wastewater, steam heating and natural gas distribution utilities with annual gas operating revenues of less than $6,000,000 per year, except when the utility seeks to provide natural gas supply services to retail gas customers outside its service territory as provided by 66 Pa.C.S. § 1403 (relating to definitions). These subchapters establish and enforce uniform, fair and equitable residential utility service standards governing eligibility criteria, credit and deposit practices, and account billing, termination and customer complaint procedures. This chapter assures adequate provision of residential utility service, to restrict unreasonable termination of or refusal to provide that service and to provide functional alternatives to termination or refusal to provide that service. Every privilege conferred or duty required 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.
§ 56.252. Definitions.
In addition to the definitions in § 56.2 (relating to definitions), the following words and terms, when used in Subchapters L--V, have the following meanings, unless the context clearly indicates otherwise:
Applicant--
(i) A person who applies for residential utility service.
(ii) The term does not include a person who, within 60 days after termination or discontinuance of service, seeks to transfer service within the service territory of the same utility or to reinstate service at the same address.
Basic services--Services necessary for the physical delivery of residential utility service.
Customer--A person in whose name a residential service account is listed and who is primarily responsible for payment of bills rendered for the service.
Cycle billing--A system of billing employed by a utility which results in the normal rendition of bills for utility service to a group or portion of customers on different or specified days of one billing period.
Delinquent account--Charges for utility service which have not been paid in full by the due date stated on the bill or otherwise agreed upon; provided that an account may not be deemed delinquent if: prior to the due date, a payment agreement or informal dispute settlement agreement with the utility has been entered into by the customer, a timely filed notice of dispute is pending before the utility, or, under time limits provided in this chapter, an informal or formal complaint is timely filed with and is pending before the Commission.
Discontinuation of service--The cessation of service with the consent of the customer and otherwise in accordance with § 56.312 (relating to discontinuation of service).
Dispute--A grievance of an applicant, customer or occupant about a 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, customer or occupant indicates satisfaction with the resulting resolution or explanation, the contact will not be considered a dispute.
Initial inquiry--A concern or question of an applicant, customer or occupant about a utility's application of a provision covered by this chapter, including subjects such as credit determinations, deposit requirements, the accuracy of meter readings or bill amounts or the proper party to be charged. If a utility, with the consent of the applicant, customer or occupant, offers to review pertinent records and call back the applicant, customer or occupant within 3 business days with a response, the contact will be considered an initial inquiry pending a determination of satisfaction by the applicant, customer or occupant with the company's response. If the company cannot reach the customer to convey the information obtained through a review of company records, a letter shall be sent which summarizes the information and informs the customer to contact the company within 5 business days if the customer disagrees with the company position, or has additional questions or concerns about the matter.
Nonbasic services--Optional recurring services which are distinctly separate and clearly not required for the physical delivery of utility service.
Occupant--A person who resides in the premises to which utility service is provided.
Payment agreement--A mutually satisfactory written agreement whereby a customer or applicant who admits liability for billed service is permitted to amortize or pay the unpaid balance of the account in one or more payments over a reasonable period of time.
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.
Remote reading device--A device which by electrical impulse or otherwise transmits readings from a meter, excluding devices that permit direct interrogation of the meter, usually located within a residence, to a more accessible location outside of a residence.
Residential service--
(i) Utility service supplied to a dwelling, including service provided to a commercial establishment if concurrent service is provided to a residential dwelling attached thereto.
(ii) The term does not include utility service provided to a hotel or motel.
User without contract--Taking or acceptance of utility service without the knowledge or approval of the utility, other than unauthorized use of service as defined in this section.
Utility--
(i) A public utility or a municipality, subject to Commission jurisdiction, which provides wastewater services or steam heating services.
(ii) The term also includes natural gas distribution utilities with annual gas operating revenues of less than $6,000,000 per year, except when the public utility seeks to provide natural gas supply services to retail gas customers outside its service territory as provided under 66 Pa.C.S. § 1403 (relating to definitions).
Subchapter M. BILLING AND PAYMENT STANDARDS GENERAL
Sec. 56.261. Billing frequency. 56.262. Meter reading; estimated billing; customer readings. 56.263. Billings for merchandise, appliances and nonrecurring and recurring services. 56.264. Previously unbilled utility service. 56.265. Billing information. 56.266. Transfer of accounts. 56.267. Advance payments. PAYMENTS
56.271. Payment. 56.272. Accrual of late payment charges. 56.273. Application of partial payments between utility and other service. 56.274. Application of partial payments among several bills for utility service. 56.275. Electronic bill payment.
GENERAL § 56.261. Billing frequency.
(a) A utility shall render a bill once every billing period to every residential customer in accordance with approved rate schedules.
(b) A utility may utilize electronic billing in lieu of mailed paper bills. Electronic billing programs must include the following:
(1) The electronic billing option is voluntary and 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 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 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 all required bill inserts in an easily accessed and easily readable format.
(5) The electronic bill must include the option for the customer to contribute to the utility's hardship fund.
(6) A customer may not be required to pay an additional fee to receive an electronic bill.
(7) The utility shall maintain a system to ensure delivery of electronic bills if the bill is emailed to a customer.
(8) The utility shall maintain sufficient system security to assure customer privacy.
§ 56.262. Meter reading; estimated billing; customer readings.
Except as provided in this section, a utility shall render bills based on actual meter readings by utility company personnel.
(1) Inapplicability to seasonally billed customers. This section does not apply to customers billed on a seasonal basis under terms included in the tariff of the utility.
(2) Estimates for bills rendered on a monthly basis. If a utility bills on a monthly basis, it may estimate usage of service every other billing month, so long as the utility provides a customer with the opportunity to read the meter and report the quantity of usage in lieu of the estimated bill. The resulting bills 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 customer, the utility shall, at least annually, provide preaddressed postcards on which the customer may report the reading. The utility shall provide additional preaddressed postcards on request. The utility may choose to make available electronic and telephonic methods for customers to report meter reading information.
(ii) The utility may establish due dates by which the postcards shall be received for a bill to be based upon the meter reading of the customer or occupant. If the reading of a customer is not received by that due date, the utility may estimate the quantity of usage. The utility may establish due dates for submitting a meter reading when the customer or occupant utilizes an electronic method for reporting meter readings.
(3) Estimates permitted under exigent circumstances. A utility may estimate the bill of a customer if extreme weather conditions, emergencies, equipment failure, work stoppages or other circumstances prevent actual meter reading.
(4) Estimates when utility personnel are unable to gain access. A utility may estimate the bill of a customer if utility personnel are unable to gain access to obtain an actual meter reading, as long as the following apply:
(i) The utility has undertaken reasonable alternative measures to obtain a meter reading, including, but not limited to, the provision of preaddressed postcards upon which the customer may note the reading or the telephone reporting of the reading.
(ii) The utility, at least every 6 months, or every four billing periods for utilities permitted to bill for periods in excess of 1 month, obtains an actual meter reading or customer supplied reading to verify the accuracy of the estimated readings.
(iii) The utility, at least once every 12 months, obtains an actual meter reading to verify the accuracy of the readings, either estimated or customer read.
(5) Remote reading devices for water, gas and electric utilities. A utility may render a bill on the basis of readings from a remote reading device under the following conditions:
(i) When a gas, electric or water utility uses readings from a remote reading device to render bills, the utility shall obtain an actual meter reading at least once every 5 years to verify the accuracy of the remote reading device. If the customer of record at the dwelling changes during the 5-year period between actual meter readings, the utility shall make a bona fide attempt to schedule an appointment with the departing customer and, if necessary, the new occupant, to secure an actual meter reading.
(ii) When the actual meter reading establishes that the customer was underbilled due to an error in the registration of the remote reading device, the utility may render a bill for the uncollected amount. If the rebilling exceeds the otherwise normal estimated bill for the billing period during which the bill is issued by at least 50% or at least $50, whichever is greater, the utility shall comply with § 56.264 (relating to previously unbilled utility service).
(iii) When the actual meter reading establishes that the customer was overbilled due to an error in the readings of the remote reading device, the utility shall credit or refund to the customer the amount overbilled plus interest calculated under § 56.411(3) (relating to duties of parties; disputing party's duty to pay undisputed portion of bills; utility's duty to pay interest whenever overpayment found).
(iv) Nothing in this section may be construed to limit the authority of electric, gas or water utilities to gain access to a residence for the purpose of checking or reading a meter.
(6) Limitation of liability. If a water company has estimated bills and if the customer or occupant during that period has consumed an amount of water in excess of normal seasonal usage because of a verified leak that could not reasonably have been detected or other unknown loss of water, the customer is not liable for more than 150% of the average amount of water consumed for the corresponding period during the previous year. This section does not apply when the water utility was unable to gain access and has complied with paragraph (4).
(7) Budget billing. A gas, electric and steam heating utility shall provide its residential customers, on a year-round rolling enrollment basis, with an optional billing procedure which averages estimated utility service costs over a 10-month, 11-month or 12-month period to eliminate, to the extent possible, seasonal fluctuations in utility bills. The utility shall review accounts at least three times during the optional billing period. Any resulting reconciliation amount exceeding $25 shall be amortized over a 3--12 month period. Payment agreements for heating customers are to be based upon equal monthly billing.
(8) Notice. The utility shall inform existing customers of their rights under this section and under 66 Pa.C.S. § 1509 (relating to billing procedures).
§ 56.263. Billings for merchandise, appliances and nonrecurring and recurring services.
Charges for other than basic service--that is, merchandise, appliances and special services, including merchandise and appliance installation, sales, rental and repair costs; meter testing fees; line extension costs; special construction charges, and other nonrecurring charges, except as provided in this chapter--must appear after charges for basic services and appear distinctly separate. This includes charges for optional recurring services which are distinctly separate and clearly not required for the physical delivery of service. Examples include line repair programs and appliance warranty programs.
§ 56.264. Previously unbilled utility service.
When a utility renders a make-up bill for previously unbilled utility service which accrued within the past 4 years resulting from utility billing error, meter failure, leakage that could not reasonably have been detected or loss of service, or four or more consecutive estimated bills and the make-up bill exceeds the otherwise normal estimated bill for the billing period during which the make up bill is issued by at least 50% or at least $50, whichever is greater:
(1) The utility shall review the bill with the 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 customer, extend at least as long as:
(i) The period during which the excess amount accrued.
(ii) Necessary so that the quantity of service billed in any one billing period is not greater than the normal estimated quantity for that period plus 50%.
§ 56.265. Billing information.
A bill rendered by a utility for metered residential utility service must state clearly the following information:
(1) The beginning and ending dates of the billing period.
(2) If applicable, the beginning and ending meter readings for the billing period. If a bill is estimated, it must contain a clear and conspicuous marking of the word ''Estimated.''
(3) The due date on or before which payment shall be made or the account will be delinquent.
(4) The amount due for service rendered during the current billing period, specifying the charge for basic service, the energy or fuel adjustment charge, State tax adjustment surcharge if other than zero, State Sales Tax if applicable and other similar charges. The bills should also indicate that a State Gross Receipts Tax is being charged and a reasonable estimate of the charge. A Class A utility shall include a statement of the dollar amount of total State taxes included in the current billing period charge. For the purpose of this paragraph, a Class A utility shall also include a Class A telephone utility as defined under § 63.31 (relating to classification of public utilities).
(5) Amounts due for reconnection charges.
(6) Amounts due for security deposits.
(7) The total amount of payments and other credits made to the account during the current billing period.
(8) The amount of late payment charges, designated as such, which have accrued to the account of the customer for failure to pay bills by the due date of the bill and which are authorized under § 56.272 (relating to accrual of late payment charges).
(9) The total amount due.
(10) A clear and conspicuous marking of estimates.
(11) A statement directing the customer to ''register any question or complaint about the bill prior to the due date,'' with the address and telephone number where the customer may initiate the inquiry or complaint with the utility.
(12) A statement that a rate schedule, an explanation of how to verify the accuracy of a bill and an explanation of the various charges, if applicable, is available for inspection in the local business office of the utility.
(13) A designation of the applicable rate schedule as denoted in the officially filed tariff of the utility.
(14) 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.
§ 56.266. Transfer of accounts.
(a) A customer who is about to vacate premises supplied with utility service or who wishes to have service discontinued shall give at least 7 days notice to the utility and a noncustomer occupant, specifying the date on which it is desired that service be discontinued. In the absence of a notice, the customer shall be responsible for services rendered. If the utility is not able to access the meter for discontinuance, service shall be discontinued with an estimated meter reading upon which the final bill will be based. The resulting final bill is subject to adjustment once the utility has obtained an actual meter reading 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 utility may transfer an unpaid balance to a new residential service account of the same customer.
(c) If a termination notice has been issued in accordance with § 56.331 (relating to general notice provisions and contents of termination notice) and subsequent to the mailing or delivery of a notice, a customer requests a transfer of service to a new location, the termination process as set forth in §§ 56.331--56.339 may continue at the new location.
(1) When notifications set forth under § 56.331 and § 56.335 (relating to deferred termination when no prior contact) have been rendered and service has not been terminated due to a denial of access to the premises, the utility may deny service at a new location when a service transfer is requested.
(2) Nothing in this section shall be construed to limit the right of a customer to dispute a bill within the meaning of §§ 56.372--56.374 (relating to dispute procedures; time for filing an informal complaint; and effect of failure to timely file an informal complaint).
(d) In the event of a termination of service to a residential customer, a 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 customer.
§ 56.267. Advance payments.
Payments may be required in advance of furnishing any of the following services:
(1) Seasonal service.
(2) The construction of facilities and furnishing of special equipment.
(3) Gas and electric rendered through prepayment meters provided:
(i) The customer is nonlow income; for purposes of this section, nonlow income is defined as an individual who has an annual household gross income greater than 150% of the Federal poverty income guidelines, and has a delinquency for which the individual is requesting a payment agreement but offering terms that the utility, after consideration of the factors in § 56.337(b) (relating to procedures upon customer or occupant contact prior to termination), finds unacceptable.
(ii) The service is being rendered to an individually-metered residential dwelling, and the customer and occupants are the only individuals affected by the installation of a prepayment meter.
(iii) The customer and utility enter into a informal dispute settlement agreement or payment agreement which includes, but is not limited to, the following terms:
(A) The customer voluntarily agrees to the installation of a prepayment meter.
(B) The customer agrees to purchase prepayment cards to maintain service until the total balance is retired and the utility agrees to make new cards available to the customer within 5 days of receipt of prepayment.
(C) The utility agrees to furnish the customer an emergency backup card for additional usage of at least 5 days.
(D) The customer agrees that failure to renew the card by making prepayment for additional service constitutes a request for discontinuance under § 56.312(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) The utility develops a written plan for a prepayment meter program, consistent with the criteria established in this section, and submits the plan to the Commission at least 30 days in advance of the effective date of the program.
(v) During the first 2 years of use of prepayment meters, the utility thoroughly and objectively evaluates the use of prepayment meters in accordance with the following:
(A) Content. The evaluation should include both process and impact components. Process evaluation should focus on whether the use of prepayment meters conforms to the program design and should assess the degree to which the program operates efficiently. The impact evaluation should focus on the degree to which the program achieves the continuation of utility service to participants at reasonable cost levels. The evaluation should include an analysis of the costs and benefits of traditional collections or alternative collections versus the costs and benefits of handling nonlow income positive ability to pay customers through prepayment metering. This analysis should include comparisons of customer payment behavior, energy consumption, administrative costs and actual collection costs.
(B) Time frame. The process evaluation should be undertaken during the middle of the first year; the impact evaluation at least by the end of the second year.
(4) Temporary service for short-term use, including installation and removal, with credit for reasonable salvage.
PAYMENTS § 56.271. Payment.
The due date for payment of a bill may be no less than 20 days from the date of transmittal; that is, the date of mailing or delivery of the bill by the utility to the customer.
(1) Extension of due date to next business day. If the last day for payment falls on a Saturday, Sunday, bank holiday or other day when the offices of the utility which regularly receive payments are not open to the general public, the due date shall be extended to the next business day.
(2) Date of payment by mail. For a remittance by mail, one or more of the following applies:
(i) Payment shall be deemed to have been made on the date of the postmark.
(ii) The utility may not impose a late payment charge unless payment is received more than 5 days after the due date.
(3) Branch offices or authorized payment agents. The effective date of payment to a branch office or authorized payment agent, unless payment is made by mail under paragraph (2), is the date of actual receipt of payment at that location.
(4) Electronic transmission. The effective date of a payment electronically transmitted to a utility is the date of actual receipt of 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 utility's tariff on file at the Commission.
(6) Multiple notifications. When a utility advises a customer of a balance owed by multiple notices or contacts, which contain different due dates, the date on or before which payment is due shall be the last date contained in any of the notices.
§ 56.272. Accrual of late payment charges.
(a) Every utility subject to this chapter is prohibited from levying or assessing a late charge or penalty on any overdue utility bill, as defined in § 56.271 (relating to payment), in an amount which exceeds 1.5% interest per month on the overdue balance of the bill. These charges are to be calculated on the overdue portions of the bill only. The interest rate, when annualized, may not exceed 18% simple interest per annum.
(b) An additional charge or fixed fee designed to recover the cost of a subsequent rebilling may not be charged by a regulated utility.
(c) Late payment charges may not be imposed on disputed estimated bills, unless the estimated bill was required because utility personnel were willfully denied access to the affected premises to obtain an actual meter reading.
(d) A public utility may waive late payment charges on any customer accounts.
(e) Additional late payment charges may not be assessed on account balances once the account is no longer actively billed by the utility.
§ 56.273. Application of partial payments between utility and other service.
Payments received by a utility without written instructions that they be applied to merchandise, appliances, special services, meter testing fees or other nonbasic charges and which are insufficient to pay the balance due for the items plus amounts billed for basic utility service shall first be applied to the basic charges for residential utility service.
§ 56.274. Application of partial payments among several bills for utility service.
In the absence of written instructions, a disputed bill or a informal dispute settlement agreement or payment agreement, payments received by a utility which are insufficient to pay a balance due both for prior service and for service billed during the current billing period shall first be applied to the balance due for prior service.
§ 56.275. Electronic bill payment.
A utility may offer electronic payment options. Electronic payment programs must include the following requirements:
(1) Electronic bill payment shall be voluntary 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 utility shall provide a receipt, either electronically or on paper, to the customer upon payment through the electronic method.
(5) The utility shall maintain sufficient system security to protect all customer information and all access to customer accounts.
Subchapter N. CREDIT AND DEPOSITS STANDARDS POLICY PROCEDURES FOR NEW APPLICANTS
Sec.
56.281. Policy statement. 56.282. Credit standards. 56.283. Cash deposits; third-party guarantors. 56.284. Deposits for temporary service. 56.285. Payment of outstanding balance. 56.286. Written procedures. 56.287. General rule. 56.288. Payment period for deposits by applicants. PROCEDURES FOR EXISTING CUSTOMERS
56.291. General rule. 56.292. Payment period for deposits. CASH DEPOSITS
56.301. Amount of cash deposit. 56.302. Deposit hold period and refund. 56.303. Application of deposit to bills. 56.304. Periodic review. 56.305. Refund statement. 56.306. Interest rate. 56.307. Application of interest.
PROCEDURES FOR NEW APPLICANTS § 56.281. Policy statement.
An essential ingredient of the credit and deposit policies of each utility shall be the equitable and nondiscriminatory application of those precepts to potential and actual customers throughout the service area without regard to the economic character of the area or any part thereof. Deposit policies must be based upon the credit risk of the individual applicant or customer rather than the credit history of the affected premises or the collective credit reputation or experience in the area in which the applicant or customer lives and without regard to race, sex, age over 18, National origin or marital status.
§ 56.282. Credit standards.
(a) A utility shall provide residential service without requiring a deposit when the applicant satisfies one of the following requirements:
(1) Prior utility payment history. The applicant has been a recipient of utility service of a similar type within a period of 24 consecutive months preceding the date of the application and was primarily responsible for payment for the service, so long as:
(i) The average periodic bill for the service was equal to at least 50% of that estimated for new service.
(ii) The service of the applicant was not terminated for nonpayment during the last 12 consecutive months of that prior service.
(iii) The applicant does not have an unpaid balance from that prior service.
(2) Ownership of real property. The applicant owns or has entered into an agreement to purchase real property located in the area served by the utility or is renting the applicant's place of residence under a lease of 1 year or longer in duration, unless the applicant has an otherwise unsatisfactory credit history as a utility customer within 2 years prior to the application for service.
(3) Credit information. The applicant provides information demonstrating that 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:
(A) The name of the employer of the applicant.
(B) The place and length of employment.
(C) Residences during the previous 5 years.
(D) Letters of reference.
(E) Credit cards.
(F) Significant source of income other than from employment.
§ 56.283. Cash deposits; third-party guarantors.
If an applicant does not establish credit under § 56.282 (relating to credit standards), the utility shall provide residential service when one of the following requirements is satisfied:
(1) Cash deposit. The applicant posts a cash deposit.
(2) Third-party guarantor. The applicant furnishes a written guarantee from a responsible customer which, for the purposes of this section, means a customer who has or can establish credit, under § 56.282 (relating to credit standards), to secure payment in an amount equal to that required for cash deposits.
(i) A guarantee must be in writing and state the terms of the guarantee.
(ii) The guarantor shall be discharged when the applicant has met the terms and conditions which apply under §§ 56.302 and 56.303 (relating to deposit hold period and refund; and application of deposit to bills).
§ 56.284. Deposits for temporary service.
Deposits for applicants for temporary service may be required in accordance with § 53.82(1) (relating to deposits).
§ 56.285. Payment of outstanding balance.
A utility may require, as a condition of the furnishing of residential service to an applicant, the payment of any outstanding residential account with the utility which accrued within the past 4 years for which the applicant is legally responsible and for which the applicant was billed properly. However, an outstanding residential account with the utility may be amortized over a reasonable period of time. Factors to be taken into account include the size of the unpaid balance, the ability of the applicant to pay, the payment history of the applicant and the length of time over which the bill accumulated. A utility may not require, as a condition of the furnishing of residential service, payment for residential service previously furnished under an account in the name of a person other than the applicant unless a court, district justice or administrative agency has determined that the applicant is legally obligated to pay for the service previously furnished. Examples of situations include a separated spouse or a cotenant. This section does not affect the creditor rights and remedies of a utility otherwise permitted by law.
§ 56.286. Written procedures.
A utility shall establish written procedures for determining the credit status of an applicant. A utility employee processing applications or determining the credit status of applicants shall be supplied with or have ready access to a copy of the written procedures of the utility. A copy of these procedures shall be maintained on file in each of the business offices of the utility and made available, upon request, for inspection by members of the public and the Commission and be included on the utility's web site.
(1) Reasons for denial of credit. If credit is denied, the utility shall inform the customer or applicant in writing of the reasons for the denial. If the utility is requiring payment of an unpaid balance in accordance with § 56.285 (relating to payment of outstanding balance), the utility shall specify in writing the amount of the unpaid balance, the dates during which the balance accrued, and the location and customer name at which the balance accrued. The statement must inform the applicant of the right to furnish a third party guarantor in accordance with § 56.283 (relating to cash deposits; third-party guarantors) and the right to contact the Commission. The statement must include information informing victims of domestic violence with a Protection from Abuse Order that more lenient credit and liability standards may be available.
(2) Informing applicants of procedures. Utility personnel shall fully explain the credit and deposit procedures of the utility to each customer or applicant for service.
(3) Third party requests for service. Requests from third parties to establish 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.
§ 56.287. General rule.
Once an applicant's application for service is accepted by the utility, the 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 utility shall provide service pending completion of the investigation.
§ 56.288. Payment period for deposits by applicants.
An applicant may elect to pay any required deposits in three installments: 50% payable upon the determination by the utility that the deposit is required, 25% payable 30 days after the determination and 25% payable 60 days after the determination.
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