NOTICE PROCEDURES PRIOR TO TERMINATION
§ 56.91. General notice provisions and contents of termination notice.
(a) Prior to terminating service for grounds authorized by § 56.81 (relating to authorized termination of service), a public utility shall provide written notice of the termination to the customer at least 10 days prior to the date of the proposed termination. The termination notice shall remain effective for 60 days. In the event of a user without contract as defined in § 56.2 (relating to definitions), the public utility shall comply with § § 56.93—56.97, but need not provide notice 10 days prior to termination.
(b) A notice of termination must include, in conspicuous print, clearly and fully the following information when applicable:
(1) The reason for the proposed termination.
(2) An itemized statement of amounts currently due, including any required deposit.
(3) A statement that a 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 public utility on file with the Commission. The statement must include the maximum possible dollar amount of the reconnection fee that may apply.
(4) The date on or after which service will be terminated unless one of the following occurs:
(i) Payment in full is received.
(ii) The grounds for termination are otherwise eliminated.
(iii) A payment arrangement is established.
(iv) Enrollment is made in a customer assistance program or its equivalent, if the customer is eligible for the program.
(v) A dispute is filed with the Public Utility or the Commission.
(vi) Payment in full of amounts past due on the most recent payment arrangement is received.
(5) A statement that specifies that the notice is valid for 60 days.
(6) A statement that the customer should immediately contact the public utility to attempt to resolve the matter. The statement must include the address and telephone number where questions may be asked, how payment arrangements may be negotiated and entered into with the public utility, and where applications can be found and submitted for enrollment into the public utility’s universal service programs, if these programs are offered by the public utility.
(7) The following statement: ‘‘If you have questions or need more information, contact us as soon as possible at (public utility phone number). After you talk to us, if you are not satisfied, you may file a complaint with the Public Utility Commission. The Public Utility Commission may delay the shut off if you file the complaint before the shut off date. To contact them, call 1 (800) 692-7380 or write to the Pennsylvania Public Utility Commission, P.O. Box 3265, Harrisburg, Pennsylvania 17105-3265.’’
(8) A medical certificate notice in compliance with the form in Appendix A (relating to medical emergency notice) except that, for the purpose of § 56.96 (relating to post-termination notice), the notice must comply with the form in Appendix B (relating to medical emergency notice).
(9) If the public utility has universal service programs, information indicating that special assistance programs may be available and how to contact the public utility for information and enrollment, and that enrollment in the program may be a method of avoiding the termination of service.
(10) Notices sent by electric and gas utilities threatening termination in the months of December, January, February and March must include information on the Federal poverty guidelines by household size, the protections available to customers at or below 250% of the Federal poverty level and the required documentation or information the customer shall supply to avoid termination.
(11) Information indicating that special protections are available for victims under a protection from abuse order or a court order issued by a court of competent jurisdiction in this Commonwealth which provides clear evidence of domestic violence and how to contact the public utility to obtain more information on these protections.
(12) Information indicating that special protections are available for tenants if the landlord is responsible for paying the public utility bill and how to contact the public utility to obtain more information on these protections.
(13) Information indicating that all adult occupants of the premise whose names appear on the mortgage, deed or lease are considered ‘‘customers’’ and are responsible for payment of the bill.
(14) Information indicating that if service is shut off, an adult occupant who has been living at the premise may have to pay all or portions of the bill that accrued while the adult occupant lived there to have service turned back on.
(15) Information indicating that if service is shut off, the customer may be required to pay more than the amount listed on the notice to have service turned back on.
(16) Information indicating that if service is shut off, the customer shall contact the public utility after payment has been made to arrange reconnection of the service and that it may take up to 7 days to have the service turned back on.
(17) Information in Spanish directing Spanish-speaking customers to the numbers to call for information and translation assistance. Similar information shall be included in other languages when census data indicates that 5% or more of the residents of the public utility’s service territory are using that language.
(18) Contact information for customers with disabilities that need assistance.
Authority The provisions of this § 56.91 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504—506, 1301, 1305, 1401—1419, 1501, 1504 and 1509.
Source The provisions of this § 56.91 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 July 17, 1998, effective August 17, 1998, 28 Pa.B. 3379; 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 (358975) to (358977).
Cross References This section cited in 52 Pa. Code § 56.11 (relating to billing frequency); 52 Pa. Code § 56.16 (relating to transfer of accounts); 52 Pa. Code § 56.81 (relating to authorized termination of service); 52 Pa. Code § 56.94 (relating to procedures immediately prior to termination); 52 Pa. Code § 56.96 (relating to post-termination notice); 52 Pa. Code § 56.100 (relating to winter termination procedures); 52 Pa. Code § 56.117 (relating to termination upon expiration of medical certification); 52 Pa. Code § 56.118 (relating to right of public utility to petition the Commission); and 52 Pa. Code § 56.164 (relating to termination pending resolution of the dispute).
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