PROCEDURES FOR EXISTING CUSTOMERS
§ 56.41. General rule.
A public utility may require an existing customer to post a deposit to reestablish credit under the following circumstances:
(1) Delinquent accounts. Whenever a customer has been delinquent in the payment of any two consecutive bills or three or more bills within the preceding 12 months.
(i) Prior to requesting a deposit under this section, the public utility shall give the customer written notification of its intent to request a cash deposit if current and future bills continue to be paid after the due date.
(A) Notification must clearly indicate that a deposit is not required at this time but that if bills continue to be paid after the due date a deposit will be required.
(B) Notification may be mailed or delivered to the customer together with a bill for public utility service.
(C) Notification must set forth the address and phone number of the public utility office where complaints or questions may be registered.
(D) A subsequent request for deposit must clearly indicate that a customer should register any question or complaint about that matter prior to the date the deposit is due to avoid having service terminated pending resolution of a dispute. The request must also include the address and telephone number of the public utility office where questions or complaints may be registered.
(ii) Except in the case of adjustments to budget billing plans, a public utility may issue a notification or subsequent request for a deposit based, in whole or in part, on a delinquent account arising out of a make-up bill as defined in § 56.14 (relating to previously unbilled public utility service) under the following conditions:
(A) The public utility has complied with § 56.14. Compliance with a payment arrangement by the customer discharges the delinquency and a notification or request for deposit may not thereafter be issued based on the make-up bill.
(B) If a make-up bill exceeds the otherwise normal estimated bill by at least 50% and if the customer makes payment in full after the bill is delinquent but before a notification of intent to request a deposit is given to the customer, a notification or request for deposit may not thereafter be issued based on the make-up bill.
(2) Condition to the reconnection of service. A public utility may require a deposit as a condition to reconnection of service following a termination in accordance with § 56.191 (relating to payment and timing).
(3) Failure to comply with payment arrangement. A public utility may require a deposit, whether or not service has been terminated, when a customer fails to comply with a material term or condition of a payment arrangement.
(4) Cash deposit prohibition. Notwithstanding paragraphs (1)—(3), a public utility may not require a customer that, based upon household income, is confirmed to be eligible for a customer assistance program to provide a cash deposit. A customer is confirmed to be eligible for a customer assistance program by the public utility when the customer provides income documents or other information that he or she is eligible for state benefits based upon household income eligibility requirements that are consistent with those of the public utility’s customer assistance programs.
Authority The provisions of this § 56.41 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1305, 1401—1419, 1501, 1504 and 1509.
Source The provisions of this § 56.41 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; amended April 8, 1983, effective April 9, 1983, 13 Pa.B. 1250; amended October 7, 2011, effective October 8, 2011, 41 Pa.B. 5473; amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial pages (358963) to (358965).
Cross References This section cited in 52 Pa. Code § 56.38 (relating to payment period for deposits by applicants); 52 Pa. Code § 56.42 (relating to payment period for deposits by customers); 52 Pa. Code § 56.53 (relating to deposit hold period and refund); and 52 Pa. Code § 56.83 (relating to unauthorized termination of service).
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