Subchapter E. TERMINATION OF SERVICE
GROUNDS FOR TERMINATION Sec.
56.81. Authorized termination of service.
56.82. Timing of termination.
56.83. Unauthorized termination of service.
NOTICE PROCEDURES PRIOR TO TERMINATION
56.91. General notice provisions and contents of termination notice.
56.92. Notice when dispute pending.
56.93. Personal contact.
56.94. Procedures immediately prior to termination.
56.95. Deferred termination when no prior contact.
56.96. Post-termination notice.
56.97. Procedures upon customer or occupant contact prior to termination.
56.98. Immediate termination for unauthorized use, fraud, tampering or tariff violations.
56.99. Use of termination notice solely as collection device prohibited.
56.100. Winter termination procedures.
56.101. [Reserved].
EMERGENCY PROVISIONS
56.111. General provision.
56.112. Postponement of termination pending receipt of certificate.
56.113. Medical certifications.
56.114. Length of postponement; renewals.
56.115. Restoration of service.
56.116. Duty of customer to pay bills.
56.117. Termination upon expiration of medical certification.
56.118. Right of public utility to petition the Commission.
56.121—56.126. [Reserved].
THIRD-PARTY NOTIFICATION
56.131. Third-party notification.
Cross References This subchapter cited in 52 Pa. Code § 56.1 (relating to statement of purpose and policy).
GROUNDS FOR TERMINATION
§ 56.81. Authorized termination of service.
A public utility may notify a customer and terminate service provided to a customer after notice as provided in § § 56.91—56.100 (relating to notice procedures prior to termination) for any of the following actions by the customer:
(1) Nonpayment of an undisputed delinquent account.
(2) Failure to complete payment of a deposit, provide a guarantee of payment or establish credit.
(3) Failure to permit access to meters, service connections or other property of the public utility for the purpose of replacement, maintenance, repair or meter reading.
(4) Failure to comply with the material terms of a payment arrangement.
Authority The provisions of this § 56.81 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 § 56.81 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 page (358973).
Cross References This section cited in 52 Pa. Code § 56.32 (relating to security and cash deposits); 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 § 56.82 (relating to timing of termination); 52 Pa. Code § 56.91 (relating to general notice provisions and contents of termination notice); 52 Pa. Code § 56.100 (relating to winter termination procedures); 52 Pa. Code Chapter 56 Appendix C (relating to defintions (§ 56.231)); 52 Pa. Code § 56.118 (relating to right of public utility to petition the Commission); and 52 Pa. Code § 65.7 (relating to metered service).
§ 56.82. Timing of termination.
A public utility may terminate service for the reasons in § 56.81 (relating to authorized termination of service) from Monday through Thursday as long as the public utility is able to accept payment to restore service on the day of termination and on the following day and can restore service consistent with § 56.191 (relating to payment and timing).
Authority The provisions of this § 56.82 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 § 56.82 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 (358973) to (358974).
Cross References This section cited in 52 Pa. Code § 56.118 (relating to right of public utility to petition the Commission); and 52 Pa. Code § 56.192 (relating to personnel available to restore service).
§ 56.83. Unauthorized termination of service.
Unless expressly and specifically authorized by the Commission, service may not be terminated nor will a termination notice be sent for any of the following reasons:
(1) Nonpayment for concurrent service of the same class received at a separate dwelling. This does not include concurrent service periods of 90 days or less accrued during the transfer of service from one location to another.
(2) Nonpayment for a different class of service received at the same or a different location. Service may be terminated, however, when, under the tariff of the public utility, a change in classification is necessitated upon the completion of construction work previously billed at a different rate applicable during construction.
(3) Nonpayment, in whole or in part, of nonbasic charges for leased or purchased merchandise, appliances or special services including, but not limited to, merchandise and appliance installation fees, rental and repair costs; meter testing fees; special construction charges; and other nonrecurring or recurring charges that are not essential to delivery or metering of service, except as provided in this chapter.
(4) Nonpayment of bills for delinquent accounts of the prior customer at the same address unless the public utility has, under § 56.35 (relating to payment of outstanding balance), established that the applicant or customer was an adult occupant at the same address during the time period the delinquent amount accrued.
(5) Nonpayment of a deposit which is 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) and the customer has complied with § 56.41(1)(ii)(A) or (B) (relating to general rule).
(6) Noncompliance with a payment arrangement prior to the due date of the bill which forms the basis of the agreement.
(7) Nonpayment of charges for public utility service for which the public utility ceased billing more than 4 years prior to the date the bill is rendered.
(8) Nonpayment for residential service already furnished in the names of persons other than the customer unless a court, district justice or administrative agency has determined that the customer is legally obligated to pay for the service previously furnished or unless the public utility has, under § 56.35, established that the applicant or customer was an occupant at the same address during the time period the delinquent amount accrued. This paragraph does not affect the creditor rights and remedies of a public utility otherwise permitted by law.
(9) Nonpayment of charges calculated on the basis of estimated billings, unless the estimated bill was required because public utility personnel were unable to gain access to the affected premises to obtain an actual meter reading on two occasions and have made a reasonable effort to schedule a meter reading at a time convenient to the customer or occupant, or a subsequent actual reading has been obtained as a verification of the estimate prior to the initiation of termination procedures.
(10) Nonpayment of delinquent accounts which accrued over two billing periods or more, which remain unpaid in whole or in part for 6 months or less, and which amount to a total delinquency of less than $25.
Authority The provisions of this § 56.83 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 § 56.83 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 (358974) to (358975).
Cross References This section cited in 52 Pa. Code § 56.13 (relating to billings for merchandise; appliances and nonrecurring and recurring services); 52 Pa. Code § 56.118 (relating to right of public utility to petition the Commission); and 52 Pa. Code § 65.9 (relating to adjustment of bills for meter error).
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).
§ 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).
§ 56.93. Personal contact.
(a) Except when authorized under § 56.71, § 56.72 or § 56.98 (relating to interruption of service; discontinuance of service; and immediate termination for unauthorized use, fraud, tampering or tariff violations), a public utility may not interrupt, discontinue or terminate service without attempting to contact the customer or responsible adult occupant, either in person, by telephone or electronically with the customer’s consent, to provide notice of the proposed termination at least 3 days prior to the scheduled termination using one of the methods in this section. If personal contact by one method is not possible, the public utility is obligated to attempt another method.
(1) Phone contact shall be deemed complete upon attempted calls on 2 separate days to the residence between the hours of 8 a.m. and 9 p.m. if the calls were made at various times each day, with the various times of the day being daytime before 5 p.m. and evening after 5 p.m. and at least 2 hours apart. Calls made to contact telephone numbers provided by the customer shall be deemed to be calls to the residence.
(2) If contact is attempted in person by a home visit, only one attempt is required. The public utility shall conspicuously post a written termination notice at the residence if it is unsuccessful in attempting to personally contact a responsible adult occupant during the home visit.
(3) Contact by e-mail, text message or other electronic messaging format consistent with the Commission’s privacy guidelines and approved by Commission order. The electronic notification option is voluntary and shall only be used if the customer has given prior consent approving the use of a specific electronic message format for the purpose of notification of a pending termination. Electronic contact shall be deemed complete if, after attempted transmittal, no message is received indicating that the transmittal was undeliverable or otherwise not received. If the public utility receives notification that the transmittal was undeliverable or otherwise not received, the public utility shall attempt to contact the customer either in person or by telephone, consistent with the requirements of this section.
(b) The content of the 3-day personal contact notice must include the earliest date at which termination may occur and the following information:
(1) The date and grounds of the termination.
(2) What is needed to avoid the termination of service.
(3) How to contact the public utility and the Commission.
(4) The availability of the emergency medical procedures.
(c) The public utility shall ask the customer or occupant if he or she has questions about the 10-day written notice the public utility previously sent.
Authority The provisions of this § 56.93 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504—506, 1301, 1401—1419, 1501 and 1509.
Source The provisions of this § 56.93 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; 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 (358978) to (358979).
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 § 56.91 (relating to general notice provisions and contents of termination notice); 52 Pa. Code § 56.94 (relating to procedures immediately prior to termination); 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); 52 Pa. Code § 56.164 (relating to termination pending resolution of the dispute); 52 Pa. Code § 56.191 (relating to payment and timing); and 52 Pa. Code Chapter 56 Appendix C (relating to defintions (§ 56.231)).
§ 56.94. Procedures immediately prior to termination.
Immediately preceding the termination of service, a public utility employee, who may be the public utility employee designated to perform the termination, shall attempt to make personal contact with a responsible adult occupant at the residence of the customer.
(1) Termination prohibited in certain cases. If evidence is presented which indicates that payment has been made, a serious illness or medical condition exists, or a dispute or complaint is properly pending or if the employee is authorized to receive payment and payment in full is tendered in any reasonable manner, then termination may not occur. However, if the disputing party does not pay all undisputed portions of the bill, termination may occur.
(2) Methods of payment. Payment in any reasonable manner includes payment by personal check unless the customer within the past year has tendered a check which has been returned for insufficient funds or for which payment has been stopped.
(3) Dishonorable tender of payment after receiving termination notice. After a public utility has provided a written termination notice under § 56.91 (relating to general notice provisions and contents of termination notice) and attempted contact as provided in § 56.93 (relating to personal contact), termination of service may proceed without additional notice when:
(i) A customer tenders payment which is subsequently dishonored under 13 Pa.C.S. § 3502 (relating to dishonor).
(ii) A customer tenders payment with an access device, as defined in 18 Pa.C.S. § 4106(d) (relating to access device fraud), which is unauthorized, revoked or canceled.
(iii) A customer tenders payment electronically that is subsequently dishonored, revoked, canceled or is otherwise not authorized and which has not been cured or otherwise paid in full within 3 business days of the public utility’s dishonored payment notice to the customer under § 56.93(a).
Authority The provisions of this § 56.94 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 § 56.94 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 September 14, 1984, effective September 15, 1984, 14 Pa.B. 3364; 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 (358979) to (358980).
Cross References This section cited in 52 Pa. Code § 56.11 (relating to billing frequency); 52 Pa. Code § 56.16 (relating to tranfer of accounts); 52 Pa. Code § 56.81 (relating to authorized termination of service); 52 Pa. Code § 56.91 (relating to general notice provisions and contents of termination notice); 52 Pa. Code § 56.95 (relating to deferred termination when no prior contact); 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).
§ 56.95. Deferred termination when no prior contact.
During the months of December through March, unless personal contact has been made with the customer or responsible adult by personally visiting the customer’s residence, a public utility shall, 48 hours prior to the scheduled date of termination, post a notice of the proposed termination at the service location.
Authority The provisions of this § 56.95 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1305, 1401—1419, 1501 and 1504.
Source The provisions of this § 56.95 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. Immediately preceding text appears at serial page (246342).
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 § 56.91 (relating to general notice provisions and contents of 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); 52 Pa. Code § 56.164 (relating to termination pending resolution of the dispute); and 52 Pa. Code Chapter 56 Appendix C (relating to defintions (§ 56.231)).
§ 56.96. Post-termination notice.
When service is actually terminated, notice that reflects the requirements in § 56.91 (relating to general notice provisions and contents of termination notice) as well as a medical emergency notice in the form which appears in Appendix B (relating to medical emergency notice) shall be conspicuously posted or delivered to a responsible adult person or occupant at the residence of the customer and at the affected premises.
Authority The provisions of this § 56.96 amended under the Public Utility Code, 66 Pa.C.S. § § 1401—1419.
Source The provisions of this § 56.96 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 (271617).
Cross References This section cited in 52 Pa. Code § 56.2 (relating to definitions); 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 § 56.91 (relating to general notice provisions and contents of termination notice); 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).
§ 56.97. Procedures upon customer or occupant contact prior to termination.
(a) If, after the issuance of the initial termination notice and prior to the actual termination of service, a customer or occupant contacts the public utility concerning a proposed termination, a public utility shall fully explain:
(1) The reasons for the proposed termination.
(2) All available methods for avoiding a termination, including the following:
(i) Tendering payment in full or otherwise eliminating the grounds for termination.
(ii) Entering a payment arrangement.
(iii) Paying what is past-due on the most recent previous company negotiated or Commission payment arrangement.
(3) Information about the public utility’s universal service programs, including the customer assistance program. Refer the customer or applicant to the universal service program of the public utility to determine eligibility for a program and to apply for enrollment in a program.
(4) The medical emergency procedures.
(b) The public utility shall exercise good faith and fair judgment in attempting to enter a reasonable payment arrangement or otherwise equitably resolve the matter. Factors to be taken into account when attempting to enter into a reasonable payment arrangement include the size of the unpaid balance, the ability of the customer to pay, the payment history of the customer and the length of time over which the bill accumulated. Payment arrangements for heating customers shall be based upon budget billing as determined under § 56.12(8) (relating to meter reading; estimated billing; customer readings). If a payment arrangement is not established, the company shall further explain the following:
(1) The right of the customer to file a dispute with the public utility and, thereafter, an informal complaint with the Commission.
(2) The procedures for resolving disputes and informal complaints, including the address and telephone number of the Commission: Public Utility Commission, Box 3265, Harrisburg, Pennsylvania 17105-3265, (800) 692-7380.
(3) The duty of the customer to pay any portion of a bill which the customer does not dispute.
Authority The provisions of this § 56.97 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 § 56.97 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; amended September 22, 1978, effective September 23, 1978, 8 Pa.B. 2632; 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 (358981) to (358982).
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 § 56.17 (relating to advance payments); 52 Pa. Code § 56.72 (relating to discontinuance of service); 52 Pa. Code § 56.81 (relating to authorized termination of service); 52 Pa. Code § 56.91 (relating to general notice provisions and contents of termination notice); 52 Pa. Code § 56.118 (relating to right of public utility to petition the Commission); 52 Pa. Code § 56.164 (relating to termination pending resolution of the dispute); and 52 Pa. Code § 62.2 (relating to definitions).
§ 56.98. Immediate termination for unauthorized use, fraud, tampering or tariff violations.
(a) A public utility may immediately terminate service for any of the following actions by the customer:
(1) Unauthorized use of the service delivered on or about the affected dwelling.
(2) Fraud or material misrepresentation of the customer’s identity for the purpose of obtaining service.
(3) Tampering with meters or other public utility equipment.
(4) Violating tariff provisions on file with the Commission which endanger the safety of a person or the integrity of the public utility’s delivery system.
(b) Upon termination, the public utility shall make a good faith attempt to provide a post-termination notice to the customer or a responsible adult person or occupant at the affected premises. If providing a post-termination notice to the customer or responsible person at the affected premises is not possible, the public utility shall conspicuously post the notice at the affected premises. In the case of a single meter, multiunit dwelling, the public utility shall conspicuously post the notice at the dwelling, including in common areas when possible.
Authority The provisions of this § 56.98 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1305, 1401—1419, 1501, 1504 and 2911.
Source The provisions of this § 56.98 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 January 13, 1995, effective April 14, 1995, 25 Pa.B. 145; amended October 7, 2011, effective October 8, 2011, 41 Pa.B. 5473. Immediately preceding text appears at serial pages (271618) and (246345).
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 § 56.93 (relating to personal contact); 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); 52 Pa. Code § 56.164 (relating to termination pending resolution of the dispute); and 52 Pa. Code Chapter 56 Appendix C (relating to definitions (§ 56.231)).
§ 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).
§ 56.100. Winter termination procedures.
(a) Water distribution utilities. Notwithstanding any provision of this chapter, during the period of December 1 through March 31, water distribution utilities subject to this subchapter may not terminate heat related service between December 1 and March 31 except as provided in this section or § 56.98 (relating to immediate termination for unauthorized use, fraud, tampering or tariff violations).
(b) Electric distribution and natural gas distribution utilities. Unless otherwise authorized by the Commission, during the period of December 1 through March 31, an electric distribution utility or natural gas distribution utility may not terminate service to customers with household incomes at or below 250% of the Federal poverty level except as provided in this section or in § 56.98. The Commission will not prohibit an electric distribution utility or natural gas distribution utility from terminating service in accordance with this section to customers with household incomes exceeding 250% of the Federal poverty level.
(c) City natural gas distribution utility. In addition to the winter termination authority in subsection (b), a city natural gas distribution operation may terminate service after January 1 and before April 1 to a customer whose household income exceeds 150% of the Federal poverty level but does not exceed 250% of the Federal poverty level, and starting January 1, has not paid at least 50% of charges for each of the prior 2 months unless the customer has done one of the following:
(1) Proven in accordance with Commission rules, that the household contains one or more persons who are 65 years of age or older.
(2) Proven in accordance with Commission rules, that the household contains one or more persons 12 years of age or younger.
(3) Obtained a medical certification, in accordance with Commission rules.
(4) Paid to the city natural gas distribution operation an amount representing at least 15% of the customer’s monthly household income for each of the last 2 months.
(d) City natural gas distribution utility notice to the Commission. At the time that the notice of termination required under § 56.91 (relating to general notice provisions and contents of termination notice) is provided to the customer, the city natural gas distribution operation shall provide notice to the Commission. The Commission will not stay the termination of service unless the Commission finds that the customer meets the criteria in subsection (c)(1), (2), (3) or (4).
(e) Identification of accounts protected during the winter. Public utilities shall determine the eligibility of an account for termination during the period of December 1 through March 31 under the criteria in subsections (b) and (c) before terminating service. Public utilities are to use household income and size information they have on record provided by customers to identify accounts that are not to be terminated during the period of December 1 through March 31. Public utilities are expected to solicit from customers, who contact the public utility in response to notices of termination, household size and income information and to use this information to determine eligibility for termination. Public utilities who intend to require verification of household income information submitted by consumers relating to this subsection shall include, in their tariffs filed with the Commission, the procedures they intend to implement to obtain verification. The procedures should specify the proof or evidence the public utility will accept as verification of household income.
(f) Landlord ratepayer accounts. During the period of December 1 through March 31, a public utility may not terminate service to a premises when the account is in the name of a landlord ratepayer as defined in 66 Pa.C.S. § 1521 (relating to definitions) except for the grounds in § 56.98.
(g) Right of public utility to petition the Commission for permission to terminate service to a customer protected by the prohibitions in this section.
(1) The public utility shall comply with § § 56.91—56.95 including personal contact, as defined in § 56.93 (relating to personal contact), at the premises if occupied.
(2) If at the conclusion of the notification process defined in § § 56.91—56.95, a reasonable arrangement cannot be reached between the public utility and the customer, the public utility shall register with the Commission, in writing, a request for permission to terminate service, accompanied by a public utility report as defined in § 56.152 (relating to contents of the public utility company report). At the same time, the public utility shall serve the customer a copy of the written request registered with the Commission.
(3) If the customer has filed an informal complaint or if the Commission has acted upon the public utility’s written request, the matter shall proceed under § § 56.161—56.165. Nothing in this section may be construed to limit the right of a public utility or customer to appeal a decision by the Bureau of Consumer Services under 66 Pa.C.S. § 701 (relating to complaints) and § § 56.171—56.173 and 56.211.
(h) Survey of terminated heat related accounts. For premises where heat related service has been terminated within the past year for any of the grounds in § 56.81 (relating to authorized termination of service) or § 56.98, electric distribution utilities, natural gas distribution utilities and Class A water distribution utilities shall, within 90 days prior to December 1, survey and attempt to make post-termination personal contact with the occupant or a responsible adult at the premises and in good faith attempt to reach an agreement regarding payment of any arrearages and restoration of service.
(i) Reporting of survey results. Electric distribution utilities, natural gas distribution utilities and Class A water distribution utilities shall file a brief report outlining their pre-December 1 survey and personal contact results with the Bureau of Consumer Services on or before December 15 of each year. Each public utility shall update the survey and report the results to the Bureau of Consumer Services on February 1 of each year to reflect any change in the status of the accounts subsequent to the December 15 filing, including any accounts terminated in December. For the purposes of the February 1 update of survey results, the public utility shall attempt to contact by telephone, if available, a responsible adult person or occupant at each residence in a good faith attempt to reach an agreement regarding payment of any arrearages and restoration of service.
(j) Reporting of deaths at locations where public utility service was previously terminated. Throughout the year, public utilities shall report to the Commission when, in the normal course of business, they become aware of a household fire, incident of hypothermia or carbon monoxide poisoning or other event that resulted in a death and that the public utility service was off at the time of the incident. Within 1 business day of becoming aware of an incident, the public utility shall submit a telephone or electronic report to the Director of the Bureau of Consumer Services including, if available, the name, address and account number of the last customer of record, the date of the incident, a brief statement of the circumstances involved and, if available from an official source or the media, the initial findings as to the cause of the incident and the source of that information. The Bureau or Commission may request additional information on the incident and the customer’s account. Information submitted to the Commission in accordance with this subsection will be treated in accordance with 66 Pa.C.S. § 1508 (relating to reports of accidents) and may not be open for public inspection except by order of the Commission, and may not be admitted into evidence for any purpose in any suit or action for damages growing out of any matter or thing mentioned in the report.
Authority The provisions of this § 56.100 issued under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1305, 1401—1419, 1501 and 1504; amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 1401—1419, 1501 and 1509.
Source The provisions of this § 56.100 adopted 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 (358984) to (358987).
Cross References This section cited in 52 Pa. Code § 56.81 (relating to authorized termination of service).
§ 56.101. [Reserved].
Authority The provisions of this § 56.101 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504—506, 1301, 1305, 1501 and 1504; reserved under the Public Utility Code, 66 Pa.C.S. § § 1401—1419.
Source The provisions of this § 56.101 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; reserved October 7, 2011, effective October 8, 2011, 41 Pa.B. 5473. Immediately preceding text appears at serial pages (246346) and (337347).
EMERGENCY PROVISIONS
§ 56.111. General provision.
A public utility may not terminate service, or refuse to restore service, to a premises when a licensed physician, physician assistant, or nurse practitioner has certified that the customer or an applicant seeking restoration of service under § 56.191 (relating to payment and timing) or a member of the customer’s or applicant’s household is seriously ill or afflicted with a medical condition that will be aggravated by cessation of service. The customer shall obtain a letter from a licensed physician, physician assistant or nurse practitioner verifying the condition and promptly forward it to the public utility. The determination of whether a medical condition qualifies for the purposes of this section resides entirely with the physician, nurse practitioner, or physician assistant and not with the public utility. A public utility may not impose any qualification standards for medical certificates other than those specified in this section.
Authority The provisions of this § 56.111 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 1401—1419, 1501 and 1509.
Source The provisions of this § 56.111 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; 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 (358987) to (358988).
Notes of Decisions Landlord’s Failure to Pay
Emergency provisions found at 52 Pa. Code § § 56.111—56.118 do apply to tenants where service is to be or has been terminated due to the landlord’s failure to pay his bill, and take precedence over the more general Landlord-Tenant provisions of 66 Pa.C.S. § § 1521—1533 (relating to discontinuance of service to lease premises) and the accompanying regulations at 52 Pa. Code § § 56.121—56.126. Tenant Action Group v. Pennsylvania Public Utility Commission, 514 A.2d 1003 (Pa. Cmwlth. 1986).
Nonchronic Illness
Emergency medical provisions, which provide for medical certifications to prevent termination of gas service, apply to long-term and short-term nonchronic illnesses. Jackson v. Pennsylvania Public Utility Commission, 522 A.2d 1187 (Pa. Cmwlth. 1987); appeal denied 536 A.2d 1335 (Pa. 1987).
§ 56.112. Postponement of termination pending receipt of certificate.
If, prior to termination of service, the public utility employee is informed that an occupant is seriously ill or is affected with a medical condition which will be aggravated by a cessation of service and that a medical certification will be procured, termination may not occur for at least 3 days. If a certification is not produced within that 3-day period, the public utility may resume the termination process at the point where it was suspended.
Authority The provisions of this § 56.112 amended under the Public Utiltiy Code, 66 Pa.C.S. § § 1401—1419.
Source The provisions of this § 56.112 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 (337348).
Notes of Decisions Nonchronic Illnesses
Emergency medical provisions, which provide for medical certifications to prevent termination of gas service, apply to long-term and short-term nonchronic illnesses. Jackson v. Pennsylvania Public Utility Commission, 522 A.2d 1187 (Pa. Cmwlth. 1987); appeal denied 536 A.2d 1335 (Pa. 1987).
Cross References This section cited in 52 Pa. Code § 56.114 (relating to length of postponement; renewals); and 52 Pa. Code § 56.115 (relating to restoration of service).
§ 56.113. Medical certifications.
Medical certifications must be in writing. Public utilities may develop a medical certificate form. The public utility’s medical certificate may not be mandatory. A medical certificate form developed by the public utility shall be made readily available. Medical certificates may be electronically transmitted and electronic signatures are valid. A medical certificate must include all of the following:
(1) The name and address of the customer or applicant in whose name the account is registered.
(2) The name and address of the afflicted person and relationship to the customer or applicant.
(3) The anticipated length of the affliction.
(4) The name, office address and telephone number of the certifying physician, nurse practitioner or physician assistant.
(5) The signature of the certifying physician, nurse practitioner or physician assistant.
Authority The provisions of this § 56.113 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 § 56.113 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 page (358989).
Notes of Decisions Nonchronic Illnesses
Emergency medical provisions, which provide for medical certifications to prevent termination of gas service, apply to long-term and short-term nonchronic illnesses. Jackson v. Pennsylvania Public Utility Commission, 522 A.2d 1187 (Pa. Cmwlth. 1987); appeal denied 536 A.2d 1335 (Pa. 1987).
Cross References This section cited in 52 Pa. Code § 56.2 (relating to definitions); and 52 Pa. Code § 56.114 (relating to length of postponement; renewals).
§ 56.114. Length of postponement; renewals.
Service may not be terminated for the time period specified in a medical certification; the maximum length of the certification shall be 30 days.
(1) Time period not specified. If no length of time is specified or if the time period is not readily ascertainable, service may not be terminated for at least 30 days.
(2) Renewals. Certifications may be renewed in the same manner and for the same time period as provided in § § 56.112 and 56.113 (relating to postponement of termination pending receipt of certificate; and medical certifications) and this section if the customer has met the obligation under § 56.116 (relating to duty of customer to pay bills). In instances when a customer has not met the obligation in § 56.116 to equitably make payments on all bills, the number of renewals for the customer’s household is limited to two 30-day certifications filed for the same set of arrearages. In these instances the public utility is not required to honor a third renewal of a medical certificate and is not required to follow § 56.118(3) (relating to right of public utility to petition the Commission). The public utility shall apply the dispute procedures in § § 56.151 and 56.152 (relating to public utility company dispute procedures). When the customer eliminates these arrearages, the customer is eligible to file new medical certificates.
Authority The provisions of this § 56.114 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504—506, 1301, 1305, 1401—1419, 1501 and 1504.
Source The provisions of this § 56.114 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. Immediately preceding text appears at serial page (337349).
Notes of Decisions Nonchronic Illnesses
Emergency medical provisions, which provide for medical certifications to prevent termination of gas service, apply to long-term and short-term nonchronic illnesses. Jackson v. Pennsylvania Public Utility Commission, 522 A.2d 1187 (Pa. Cmwlth. 1987); appeal denied 536 A.2d 1335 (Pa. 1987).
Cross References This section cited in 52 Pa. Code § 56.115 (relating to restoration of service).
§ 56.115. Restoration of service.
When service is required to be restored under this section and § § 56.114, 56.116—56.118 and 56.191, the public utility shall make a diligent effort to have service restored on the day of receipt of the medical certification. In any case, service shall be reconnected within 24 hours. Each public utility shall have employees available or on call to restore service in emergencies.
Authority The provisions of this § 56.115 amended under the Public Utility Code, 66 Pa.C.S. § § 1401—1419.
Source The provisions of this § 56.115 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 (337350).
§ 56.116. Duty of customer to pay bills.
Whenever service is restored or termination postponed under the medical emergency procedures, the customer shall retain a duty to make payment on all current undisputed bills or budget billing amount as determined under § 56.12(8) (relating to meter reading; estimated billing; customer readings).
Authority The provisions of this § 56.116 amended under the Public Utility Code, 66 Pa.C.S. § 501, 1301, 1401—1419, 1501 and 1509.
Source The provisions of this § 56.116 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; 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 page (358991).
Notes of Decisions Nonchronic Illnesses
Emergency medical provisions, which provide for medical certifications to prevent termination of gas service, apply to long-term and short-term nonchronic illnesses. Jackson v. Pennsylvania Public Utility Commission, 522 A.2d 1187 (Pa. Cmwlth. 1987); appeal denied 536 A.2d 1335 (Pa. 1987).
Cross References This section cited in 52 Pa. Code § 56.114 (relating to length of postponement; renewals); 52 Pa. Code § 56.115 (relating to restoration of service); and 52 Pa. Code § 56.118 (relating to right of public utility to petition the Commission).
§ 56.117. Termination upon expiration of medical certification.
When the initial and renewal certifications have expired, the original ground for termination shall be revived and the public utility may terminate service without additional written notice, if notice previously has been mailed or delivered within the past 60 days under § 56.91 (relating to general notice provisions and contents of termination notice). The public utility shall comply with § § 56.93—56.96.
Authority The provisions of this § 56.117 amended under the Public Utility Code, 66 Pa.C.S. § § 1401—1419.
Source The provisions of this § 56.117 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 pages (337350) to (337351).
Notes of Decisions Nonchronic Illnesses
Emergency medical provisions, which provide for medical certifications to prevent termination of gas service, apply to long-term and short-term nonchronic illnesses. Jackson v. Pennsylvania Public Utility Commission, 522 A.2d 1187 (Pa. Cmwlth. 1987); appeal denied 536 A.2d 1335 (Pa. 1987).
Cross References This section cited in 52 Pa. Code § 56.115 (relating to restoration of service).
§ 56.118. Right of public utility to petition the Commission.
(a) A public utility may petition the Commission for waiver from the medical certification procedures for the following purposes:
(1) Contest the validity of a certification. To request an investigation and hearing by the Commission or its designee when the public utility wishes to contest the validity of the certification.
(2) Terminate service prior to expiration of certification. To request permission to terminate service for the failure of the customer to make payments on current undisputed bills.
(3) Contest the renewal of a certification. To request permission to terminate service, under this section and § § 56.81—56.83 and 56.91—56.99 when the customer has not met the duty under § 56.116 (relating to duty of customer to pay bills), provided that the public utility has informed the customer of that duty under § 56.116.
(b) A public utility shall continue to provide service while a final Commission adjudication on the petition is pending. A petition under this section shall be accompanied by a public utility report described in § 56.152 (relating to contents of the public utility company report) and shall be filed with the Secretary of the Commission with a copy served to the customer.
(c) Upon the filing of a petition for waiver of medical certification, Commission staff will review the facts and issue an informal written decision.
(d) A party to the proceeding may, within 20 days of mailing of the informal decision, and not thereafter except for good cause shown, appeal by filing with the Secretary of the Commission a letter stating the basis for appeal. An appeal from the informal decision will be assigned to the Office of Administrative Law Judge for hearing and decision.
Authority The provisions of this § 56.118 issued under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1305, 1501 and 1504; amended under the Public Utility Code, 66 Pa.C.S. § § 331—335, 501, 701—703, 1301, 1401—1419 and 1501—1511.
Source The provisions of this § 56.118 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 January 19, 1990, effective January 20, 1990, 20 Pa.B. 278; 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 (358992) to (358993).
Notes of Decisions Nonchronic Illnesses
Emergency medical provisions, which provide for medical certifications to prevent termination of gas service, apply to long-term and short-term nonchronic illnesses. Jackson v. Pennsylvania Public Utility Commission, 522 A.2d 1187 (Pa. Cmwlth. 1987); appeal denied 536 A.2d 1335 (Pa. 1987).
Cross References This section cited in 52 Pa. Code § 56.114 (relating to length of postponement; renewals); and 52 Pa. Code § 56.115 (relating to restoration of service).
§ 56.121. [Reserved].
Source The provisions of this § 56.121 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; amended April 8, 1983, effective April 9, 1983, 13 Pa.B. 1250; reserved July 17, 1998, effective August 17, 1998, 28 Pa.B. 3379. Immediately preceding text appears at serial pages (205764) to (205765).
Notes of Decisions Landlord’s Failure to Pay
Emergency provisions found at 52 Pa. Code § § 56.111—56.118 do apply to tenants where service is to be or has been terminated due to the landlord’s failure to pay his bill, and take precedence over the more general Landlord-Tenant provisions of 66 Pa.C.S. § § 1521—1533 (relating to discontinuance of service to leased premises) and the accompanying regulations at 52 Pa. Code § § 56.121—56.126. Tenant Action Group v. Pennsylvania Public Utility Commission, 514 A.2d 1003 (Pa. Cmwlth. 1986).
§ § 56.122—56.126. [Reserved].
Source The provisions of these § § 56.122—56.126 adopted April 8, 1983, effective April 9, 1983, 13 Pa.B. 1250; reserved July 17, 1998, effective August 17, 1998, 28 Pa.B. 3379. Immediately preceding text appears at serial (205765) to (205770) and (220827).
Notes of Decisions Landlord’s Failure to Pay
Emergency provisions found at 52 Pa. Code § § 56.111—56.118 do apply to tenants where service is to be or has been terminated due to the landlord’s failure to pay his bill, and take precedence over the more general Landlord-Tenant provisions of 66 Pa.C.S. § § 1521—1533 (relating to discontinuance of service to leased premises) and the accompanying regulations at 52 Pa. Code § § 56.121—56.126. Tenant Action Group v. Pennsylvania Public Utility Commission, 514 A.2d 1003 (Pa. Cmwlth. 1986).
THIRD-PARTY NOTIFICATION
§ 56.131. Third-party notification.
Each public utility shall permit its customers to designate a consenting individual or agency which is to be sent, by the public utility, a duplicate copy of reminder notices, past due notices, delinquent account notices or termination notices of whatever kind issued by that public utility. When contact with a third party is made, the public utility shall advise the third party of the pending action and the efforts which shall be taken to avoid termination. A public utility shall institute and maintain a program:
(1) To allow customers to designate third parties to receive copies of a customer’s or group of customers’ notices of termination of service.
(2) To advise customers at least annually of the availability of a third-party notification program and to encourage its use thereof. The public utility shall emphasize that the third party is not responsible for the payment of the customer’s bills.
(3) To solicit community groups to accept third-party notices to assist in preventing unnecessary terminations and protecting the public health and safety.
(4) To make available a standard enrollment form in compliance with the form in Appendix E (relating to third-party notification).
Authority The provisions of this § 56.131 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1305, 1401—1419, 1501 and 1504.
Source The provisions of this § 56.131 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. Immediately preceding text appears at serial pages (263661) and (339437).
Cross References This section cited in 52 Pa. Code Chapter 56 Appendix C (relating to definitions (§ 56.231)).
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.
