52 Pa. Code § 56.92. Notice when dispute pending.

§ 56.92. Notice when dispute pending.

A public utility may not mail or deliver a notice of termination if a notice of initial inquiry, dispute, informal or formal complaint has been filed and is unresolved and if the subject matter of the dispute forms the grounds for the proposed termination. A notice mailed or delivered in contravention of this section is void.

Authority

   The provisions of this §  56.92 amended under the Public Utility Code, 66 Pa.C.S. § §  1401—1419.

Source

   The provisions of this §  56.92 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 (297130).

Notes of Decisions

   Notice; Jurisdiction of Commission
   When the utility sent a termination notice more than 6 weeks before the petitioner filed his complaint with the Commission, the sending of the termination notice was not in violation of §  56.92. In addition, the sending of the termination notice did not invoke Commission jurisdiction. Gasparro v. Public Utility Commission, 814 A.2d 1282 (Pa. Cmwlth. 2003).

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 §  56.100 (relating to winter termination procedures); 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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