52 Pa. Code § 56.99. Use of termination notice solely as collection device prohibited.

§ 56.99. Use of termination notice solely as collection device prohibited.

A public utility may not threaten to terminate service when it has no present intent to terminate service or when actual termination is prohibited under this chapter. Notice of the intent to terminate shall be used only as a warning that service will in fact be terminated in accordance with the procedures under this chapter, unless the customer or occupant remedies the situation which gave rise to the enforcement efforts of the public utility.

Authority

   The provisions of this §  56.99 amended under the Public Utility Code, 66 Pa.C.S. § §  1401—1419.

Source

   The provisions of this §  56.99 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; amended October 7, 2011, effective October 8, 2011, 41 Pa.B. 5473. Immediately preceding text appears at serial page (246345).

Notes of Decisions

   A utility is not permitted to threaten to terminate service when it has no present intent to do so and it cannot use a termination notice as a device to collect a security deposit. West Penn Power Co. v. Pennsylvania Public Utility Commission, 521 A.2d 75 (Pa. Cmwlth. 1987).

Cross References

   This section cited in 52 Pa. Code §  56.16 (relating to transfer of accounts); 52 Pa. Code §  56.81 (relating to authorized termination of service); and 52 Pa. Code §  56.118 (relating to right of public utility to petition the Commission).

No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.