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CHAPTER 56. STANDARDS AND BILLING PRACTICES FOR
RESIDENTIAL PUBLIC UTILITY SERVICE
Subchap. Sec.
A. PRELIMINARY PROVISIONS FOR UTILITIES AND CUSTOMERS SUBJECT TO CHAPTER 14 OF THE PUBLIC UTILITY CODE 56.1
B. BILLING AND PAYMENT STANDARDS 56.11
C. CREDIT AND DEPOSITS STANDARDS POLICY 56.31
D. INTERRUPTION AND DISCONTINUANCE OF SERVICE 56.71
E. TERMINATION OF SERVICE 56.81
F. DISPUTES; TERMINATION DISPUTES; INFORMAL AND FORMAL COMPLAINTS 56.140
G. RESTORATION OF SERVICE 56.191
H. PUBLIC INFORMATION PROCEDURES; RECORD MAINTENANCE 56.201
I. [Reserved] 56.211
J. GENERAL PROVISIONS 56.221
K. PUBLIC UTILITY REPORTING REQUIREMENTS 56.231
L. PROVISIONS FOR VICTIMS OF DOMESTIC VIOLENCE WITH 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 56.251
M. BILLING AND PAYMENT STANDARDS 56.261
N. CREDIT AND DEPOSITS STANDARDS POLICY 56.281
O. INTERRUPTION AND DISCONTINUANCE OF SERVICE 56.311
P. TERMINATION OF SERVICE 56.321
Q. DISPUTES; TERMINATION DISPUTES; INFORMAL AND FORMAL COMPLAINTS 56.371
R. RESTORATION OF SERVICE 56.421
S. PUBLIC INFORMATION PROCEDURES; RECORD MAINTENANCE 56.431
T. INFORMAL COMPLAINTS 56.441
U. GENERAL PROVISIONS 56.451
V. [Reserved] 56.461Source The provisions of this Chapter 56 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655, unless otherwise noted.
Cross References This chapter cited in 52 Pa. Code § 1.21 (relating to appearance); 52 Pa. Code § 3.112 (relating to action on informal complaints); 52 Pa. Code § 53.69 (relating to fixed rate option); 52 Pa. Code § 54.9 (relating to complaint handling process); 52 Pa. Code § 54.37 (relating to approval); 52 Pa. Code § 54.38 (relating to regulatory assessments); 52 Pa. Code § 54.189 (relating to default service customers); 52 Pa. Code § 55.2 (relating to personal contact before utility service discontinued); 52 Pa. Code § 55.115 (relating to coordination with other regulations); 52 Pa. Code § 62.79 (relating to complaint handling process); 52 Pa. Code § 62.109 (relating to approval); 52 Pa. Code § 62.224 (relating to POR programs); 52 Pa. Code § 111.5 (relating to agent training); 52 Pa. Code § 111.9 (relating to door-to-door sales); and 52 Pa. Code § 111.10 (relating to telemarketing).
Subchapter A. PRELIMINARY PROVISIONS FOR UTILITIES AND CUSTOMERS SUBJECT TO CHAPTER 14 OF THE
PUBLIC UTILITY CODE
Sec.
56.1. Statement of purpose and policy.
56.2. Definitions.§ 56.1. Statement of purpose and policy.
(a) This chapter establishes and enforces uniform, fair and equitable residential public utility service standards governing eligibility criteria, credit and deposit practices, and account billing, termination and customer complaint procedures. This chapter assures adequate provision of residential public utility service, to restrict unreasonable termination of or refusal to provide that service and to provide functional alternatives to termination or refusal to provide that service while eliminating opportunities for customers capable of paying to avoid the timely payment of public utility bills and protecting against rate increases for timely paying customers resulting from other customers delinquencies. Public utilities shall utilize the procedures in this chapter to effectively manage customer accounts to prevent the accumulation of large, unmanageable arrearages. Every privilege conferred or duty required under this chapter imposes an obligation of good faith, honesty and fair dealing in its performance and enforcement. This chapter will be liberally construed to fulfill its purpose and policy and to insure justice for all concerned.
(b) This subchapter and Subchapters BK apply to electric distribution utilities, natural gas distribution utilities, wastewater utilities, steam heat utilities, small natural gas utilities and water distribution utilities. Subchapters LV apply to all customers who have been granted protection from abuse orders as provided by 23 Pa.C.S. Chapter 61 (relating to Protection from Abuse Act) or a court order issued by a court of competent jurisdiction in this Commonwealth which provides clear evidence of domestic violence against the applicant or customer.
Authority The provisions of this § 56.1 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.1 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 (367182).
Notes of Decisions Retail Services
The provisions of this § 56.2 amended under 66 Pa.C.S. § § 501, 504505, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.2 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 February 28, 1986, effective March 1, 1986, 16 Pa. B. 597; amended February 13, 1998, effective February 14, 1998, 28 Pa.B. 801; 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 (367182) and (358939) to (358944).
Notes of Decisions The utility did not improperly require customers to talk to the utility before filing a complaint with the Pennsylvania Public Utility Commission, where the regulations require the public utilities to attempt to resolve a dispute with a customer before any informal or formal complaint is filed with the Pennsylvania Public Utility Commission, and where the language used by the utility in its billing statement complied with 52 Pa. Code § 56.2. Aronson v. Pennsylvania Public Utility Commission, 740 A.2d 1208 (Pa. Cmwlth. 1999); appeal denied 751 A.2d 193 (Pa. 2000).
Cross References This section cited in 52 Pa. Code § 55.115 (relating to coordination with other regulations); 52 Pa. Code § 56.91 (relating to general notice provisions and contents of termination notice); 52 Pa. Code § 56.140 (relating to follow-up response to inquiry); 52 Pa. Code § 56.164 (relating to termination pending resolution of the dispute); 52 Pa. Code § 56.191 (relating to payment and timing); 52 Pa. Code Chapter 56 Appendix C (relating to definitions (§ 56.231)); 52 Pa. Code § 69.1502 (relating to definitions); and 52 Pa. Code § 75.12 (relating to definitions).
Subchapter B. BILLING AND PAYMENT STANDARDS
BILLING Sec.
56.11. Billing frequency.
56.12. Meter reading; estimated billing; customer readings.
56.13. Billings for merchandise, appliances and nonrecurring and recurring services.
56.14. Previously unbilled public utility service.
56.15. Billing information.
56.16. Transfer of accounts.
56.17. Advance payments.
PAYMENTS
56.21. Payment.
56.22. Accrual of late payment charges.
56.23. Application of partial payments between public utility and other service.
56.24. Application of partial payments among several bills for public utility service.
56.25. Electronic bill payment.
Cross References This subchapter cited in 52 Pa. Code § 56.1 (relating to statement of purpose and policy).
BILLING
§ 56.11. Billing frequency.
(a) A public utility shall render a bill once every billing period to every residential customer in accordance with approved rate schedules.
(b) A public utility may utilize electronic billing in lieu of mailed paper bills. Electronic billing programs must include the following requirements:
(1) The electronic billing option is voluntary and only with the prior consent of the customer. The customer retains the right to revert to conventional paper billings upon request. The customer shall provide the public utility with a one billing cycle notice of a request to revert to paper billing.
(2) A customer shall receive the same information that is included with a paper bill issued by the public utility.
(3) The electronic bill must include the same disclosures and educational messages that are required for paper bills. The electronic transmission of termination notices may not be permitted unless the customer has affirmatively consented to this method of delivery. The electronic delivery of a termination notice does not relieve the public utility of the obligation to provide termination notices as required under § § 56.9156.98.
(4) The electronic bill must include required bill inserts in an easily accessed and easily readable format.
(5) The electronic bill must include the option for the customer to contribute to the public utilitys hardship fund if the public utility is able to accept hardship fund contributions by this method.
(6) A customer may not be required to pay an additional fee to receive an electronic bill.
(7) The public utility shall maintain a system to deliver electronic bills if the bill is emailed to a customer.
(8) The public utility shall employ all reasonable measures to protect customer information from unauthorized disclosure and to prevent access to customer account records by persons who are not properly authorized to have access.
Authority The provisions of this § 56.11 amended under 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.11 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 (358945) to (358946).
Cross References The provisions of this § 56.12 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504506, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.12 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 February 28, 1986, effective March 1, 1986, 16 Pa.B. 597; 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 (358946) to (358948).
Notes of Decisions Service
Failure by a condominium to pay sales taxes for electricity and steam is not one of the enumerated reasons to permit a utility company to terminate service. Philadelphia Electric Company v. Department of Revenue, 538 A.2d 607 (Pa. Cmwlth. 1988).
Sales Tax
By requiring public utilities to prepay sales taxes for its nonresidential customers and then write off as a bad debt any such taxes it cannot collect from the customer, the Legislature did not violate equal protection. Philadelphia Electric Company v. Department of Revenue, 538 A.2d 607 (Pa. Cmwlth. 1988).
Cross References This section cited in 52 Pa. Code § 54.153 (relating to reporting requirements); 52 Pa. Code § 56.97 (relating to procedures upon customer or occupant contact prior to termination); 52 Pa. Code § 56.116 (relating to duty of customer to pay bills); 52 Pa. Code § 56.191 (relating to payment and timing); and 52 Pa. Code § 62.33 (relating to reporting requirements).
§ 56.13. Billings for merchandise, appliances and nonrecurring and recurring services.
Charges for other than basic servicethat is, merchandise, appliances and special services, including merchandise and appliance installation, sales, rental and repair costs; meter testing fees; line extension costs; special construction charges and other nonrecurring charges, except as provided in this chaptermust appear after charges for basic services and appear distinctly separate. This includes charges for optional recurring services which are distinctly separate and clearly not required for the physical delivery of service. Examples include line repair programs and appliance warranty programs. See § 56.83(3) (relating to unauthorized termination of service).
Authority The provisions of this § 56.13 amended under the Public Utility Code, 66 Pa.C.S § § 14011419.
Source The provisions of this § 56.13 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; corrected September 21, 1990, effective October 15, 1988, 20 Pa.B. 4864; amended October 7, 2011, effective October 8, 2011, 41 Pa.B. 5473. Immediately preceding text appears at serial page (271615).
§ 56.14. Previously unbilled public utility service.
When a public utility renders a make-up bill for previously unbilled public utility service which accrued within the past 4 years resulting from public utility billing error, meter failure, leakage that could not reasonably have been detected or loss of service, or four or more consecutive estimated bills and the make-up bill exceeds the otherwise normal estimated bill for the billing period during which the make-up bill is issued by at least 50% or at least $50, whichever is greater:
(1) The public utility shall explain the bill to the customer and make a reasonable attempt to amortize the bill.
(2) The period of the amortization may, at the option of the customer, extend at least as long as:
(i) The period during which the excess amount accrued.
(ii) Necessary so that the quantity of service billed in any one billing period is not greater than the normal estimated quantity for that period plus 50%.
Authority The provisions of this § 56.14 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1305, 14011419, 1501 and 1504.
Source The provisions of this § 56.14 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 pages (271615) to (271616).
Cross References This section cited in 52 Pa. Code § 56.12 (relating to meter reading; estimated billing; customer readings); 52 Pa. Code § 56.41 (relating to general rule); 52 Pa. Code § 56.83 (relating to unauthorized termination of service); and 52 Pa. Code § 56.191 (relating to payment and timing).
§ 56.15. Billing information.
A bill rendered by a public utility for metered residential public utility service must state clearly the following information:
(1) The beginning and ending dates of the billing period.
(2) If applicable, the beginning and ending meter readings for the billing period. If a bill is estimated, it shall contain a clear and conspicuous marking of the word Estimated.
(3) The due date on or before which payment shall be made or the account will be delinquent.
(4) The amount due for service rendered during the current billing period, specifying the charge for basic service, the energy or fuel adjustment charge, State tax adjustment surcharge if other than zero, State sales tax if applicable and other similar charges. The bills should also indicate that a State gross receipts tax is being charged and a reasonable estimate of the charge. A Class A utility shall include a statement of the dollar amount of total State taxes included in the current billing period charge. For the purpose of this paragraph, a Class A utility shall also include a Class A telephone utility as defined under § 63.31 (relating to classification of public utilities).
(5) Amounts due for reconnection charges.
(6) Amounts due for security deposits.
(7) The total amount of payments and other credits made to the account during the current billing period.
(8) The amount of late payment charges, designated as such, which have accrued to the account of the customer for failure to pay bills by the due date of the bill and which are authorized under § 56.22 (relating to accrual of late payment charges).
(9) The total amount due.
(10) A clear and conspicuous marking of estimates.
(11) A statement directing the customer to register any question or complaint about the bill prior to the due date, with the address and telephone number where the customer may initiate the inquiry or complaint with the public utility.
(12) A statement that a rate schedule, an explanation of how to verify the accuracy of a bill and an explanation, in plain language of the various charges, if applicable, is available for inspection in the local business office of the public utility and on the public utilitys web site.
(13) A designation of the applicable rate schedule as denoted in the officially filed tariff of the public utility.
(14) Electric distribution utilities and natural gas distribution utilities shall incorporate the requirements in § § 54.4 and 62.74 (relating to bill format for residential and small business customers).
Authority The provisions of this § 56.15 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 1302, 14011419, 1504 and 1509.
Source The provisions of this § 56.15 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; amended January 8, 1988, effective January 9, 1988, 18 Pa.B. 185; amended October 7, 2011, effective October 8, 2011, 41 Pa.B. 5473. Immediately preceding text appears at serial pages (271616) and (276015).
Cross References This section cited in 52 Pa. Code § 54.2 (relating to definitions); 52 Pa. Code § 54.4 (relating to bill format for residential and small business customers); 52 Pa. Code § 62.72 (relating to definitions); 52 Pa. Code § 62.74 (relating to bill format for residential and small business customers); and 52 Pa. Code § 69.251 (relating to plain languagestatement of policy).
§ 56.16. Transfer of accounts.
(a) A customer who is about to vacate premises supplied with public utility service or who wishes to have service discontinued shall give at least 7 days notice to the public utility and a noncustomer occupant, specifying the date on which it is desired that service be discontinued. In the absence of a notice, the customer shall be responsible for services rendered. After a reasonable attempt to obtain meter access, if the public utility is not able to access the meter for discontinuance, service shall be discontinued with an estimated meter reading upon which the final bill will be based. The resulting final bill is subject to adjustment once the public utility has obtained an actual meter reading.
(b) In the event of discontinuance or termination of service at a residence or dwelling in accordance with this chapter, a public utility may transfer an unpaid balance to a new residential service account of the same customer.
(c) If a termination notice has been issued in accordance with § 56.91 (relating to general notice provisions and contents of termination notice) and subsequent to the mailing or delivery of that notice, the customer requests a transfer of service to a new location, the termination process in § § 56.9156.99 may continue at the new location.
(1) When notifications set forth under § 56.91 and § 56.95 (relating to deferred termination when no prior contact) have been rendered and service has not been terminated due to a denial of access to the premises, the public utility may deny service at a new location when a service transfer is requested.
(2) Nothing in this section shall be construed to limit the right of a customer to dispute a bill within the meaning of § § 56.14156.143 (relating to dispute procedures; time for filing an informal complaint; and effect of failure to timely file an informal complaint).
Authority The provisions of this § 56.16 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1305, 14011419, 1501 and 1504.
Source The provisions of this § 56.17 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1304, 14011419, 1501, 1504, 1509 and 2911.
Source The provisions of this § 56.17 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; amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial pages (358952) to (358953).
PAYMENTS
§ 56.21. Payment.
The due date for payment of a bill may not be less than 20 days from the date of transmittal; that is, the date of mailing, electronic transmission or physical delivery of the bill by the public utility to the customer.
(1) Extension of due date to next business day. If the last day for payment falls on a Saturday, Sunday, bank holiday or other day when the offices of the public utility which regularly receive payments are not open to the general public, the due date shall be extended to the next business day.
(2) Date of payment by mail. For a remittance by mail, one or more of the following applies:
(i) Payment shall be deemed to have been made on the date of the postmark.
(ii) The public utility may not impose a late payment charge unless payment is received more than 5 days after the due date.
(3) Branch offices or authorized payment agents. The effective date of payment to a branch office or authorized payment agent, unless payment is made by mail under paragraph (2), is the date of actual receipt of payment at that location.
(4) Electronic transmission. The effective date of a payment electronically transmitted to a public utility is the date of actual receipt of payment.
(5) Fees. Fees or charges assessed and collected by the public utility for utilizing a payment option must be included in the public utilitys tariff on file at the Commission.
(6) Multiple notifications. When a public utility advises a customer of a balance owed by multiple notices or contacts which contain different due dates, the date on or before which payment is due shall be the latest due date contained in any of the notices.
Authority The provisions of this § 56.21 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1305, 14011419, 1501, 1504 and 1509.
Source The provisions of this § 56.21 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; amended April 8, 1983, effective April 9, 1983, 13 Pa.B. 1250; corrected March 27, 1992, effective June 30, 1990, 22 Pa.B. 1426; 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 (358953) to (358954).
Notes of Decisions Equal Protection
By requiring public utilities to prepay sales taxes for its nonresidential customers and then write off as a bad debt any such taxes it cannot collect from the customer, the Legislature did not violate equal protection. Philadelphia Electric Company v. Department of Revenue, 538 A.2d 607 (Pa. Cmwlth. 1988).
Cross References The provisions of this § 56.22 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1305, 14011419, 1501 and 1504.
Source The provisions of this § 56.22 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 (337342) to (337343).
Notes of Decisions Conflict with Statute
Since 42 Pa.C.S. § 8101 (relating to interest on judgments) limits postjudgment interest to 6% per year unless otherwise provided by another statute, it supersedes the regulation that provides for 18% interest per year on amounts owed to a public utility. Equitable Gas Co. v. Wade, 812 A.2d 715 (Pa. Super. 2002).
Late Payment Charges
In its monthly billing statements, the utility clearly instructed its customers to pay either the account balance or the optional payment amount by a certain date to avoid a specified late payment charge calculated at a certain monthly percentage rate, and thus the billing statements contained all of the information required by the regulations and the tariff approved by the Pennsylvania Public Utility Commission; moreover, the Pennsylvania Public Utility Commission had approved the specific language used in the monthly billing statements under the detailed plain language guidelines set forth in 52 Pa. Code § 69.251. Aronson v. Pennsylvania Public Utility Commission, 740 A.2d 1208 (Pa. Cmwlth. 1999); appeal denied 751 A.2d 193 (Pa. 2000).
Cross References This section cited in 52 Pa. Code § 56.15 (relating to billing information); and 52 Pa. Code § 56.181 (relating to duties of parties; disputing partys duty to pay undisputed portion of bills; public utilitys duty to pay interest whenever overpayment found).
§ 56.23. Application of partial payments between public utility and other service.
Payments received by a public utility without written instructions that they be applied to merchandise, appliances, special services, meter testing fees or other nonbasic charges and which are insufficient to pay the balance due for the items plus amounts billed for basic public utility service shall first be applied to the basic charges for residential public utility service.
Authority The provisions of this § 56.23 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1305, 14011419, 1501, 1504 and 1509.
Source The provisions of this § 56.23 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 (358955) to (358956).
§ 56.24. Application of partial payments among several bills for public utility service.
In the absence of written instructions, a disputed bill or a payment arrangement, payments received by a public utility which are insufficient to pay a balance due both for prior service and for service billed during the current billing period shall first be applied to the balance due for prior service.
Authority The provisions of this § 56.24 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.24 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 (358956).
§ 56.25. Electronic bill payment.
A public utility may offer electronic payment options. Electronic payment programs must include the following requirements:
(1) Electronic bill payment shall be voluntary. A public utility may not require a customer to enroll in electronic bill payment as a condition for enrolling in electronic billing.
(2) For electronic bill payment through a charge to a customers credit card or automatic withdrawal from a customers financial account, the program must set forth the date (or number of days after issuance of the bill) when the automatic payment shall be made.
(3) The terms of the payment procedures shall be fully disclosed to the customer in writing, either by mail or electronically, before the customer enters the program. Program changes shall be conveyed to the customer in writing, either by mail or electronically, and the customer shall be given an opportunity to withdraw from the program if the customer does not wish to continue under the new terms.
(4) The public utility shall provide a receipt, or a confirmation, transaction or reference number, either electronically or on paper, to the customer upon payment through the electronic method. This requirement does not apply if the payment method is through a preauthorized automated debit from a customers financial account.
(5) The public utility shall employ all reasonable measures to protect customer information from unauthorized disclosure and to prevent access to customer account records by persons who are not properly authorized to have access.
Authority The provisions of this § 56.25 issued under the Public Utility Code, 66 Pa.C.S. § § 14011419.
Source The provisions of this § 56.25 adopted October 7, 2011, effective October 8, 2011, 41 Pa.B. 5473.
Subchapter C. CREDIT AND DEPOSITS STANDARDS POLICY
PROCEDURES FOR APPLICANTS Sec.
56.31. Policy statement.
56.32. Security and cash deposits.
56.33. Third-party guarantors.
56.34. Deposits for temporary service.
56.35. Payment of outstanding balance.
56.36. Written procedures.
56.37. General rule.
56.38. Payment period for deposits by applicants.
PROCEDURES FOR EXISTING CUSTOMERS
56.41. General rule.
56.42. Payment period for deposits by customers.
56.43. [Reserved].
CASH DEPOSITS
56.51. Amount of cash deposit.
56.52. [Reserved].
56.53. Deposit hold period and refund.
56.54. [Reserved].
56.55. [Reserved].
56.56. Refund statement.
56.57. Interest rate.
56.58. Application of interest.
56.6156.65. [Reserved].
Cross References This subchapter cited in 52 Pa. Code § 56.1 (relating to statement of purpose and policy).
PROCEDURES FOR APPLICANTS
§ 56.31. Policy statement.
An essential ingredient of the credit and deposit policies of each public utility shall be the equitable and nondiscriminatory application of those precepts to potential and actual customers throughout the service area without regard to the economic character of the area or any part thereof. Deposit policies must be based upon the credit risk of the individual applicant or customer rather than the credit history of the affected premises or the collective credit reputation or experience in the area in which the applicant or customer lives and without regard to race, age over 18 years of age, National origin, marital status, color, religious creed, ancestry, union membership, gender, sexual orientation, gender identity or expression, AIDS or HIV status, or disability.
Authority The provisions of this § 56.31 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.32 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1305, 14011419, 1501, 1504 and 1509.
Source The provisions of this § 56.32 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 (358958) to (358959).
Notes of Decisions Security Deposit
A utility may not require a security deposit from a consumer based solely upon its determination that she has no prior credit history. No sanction will be imposed against the utility when the consumer is not entirely without fault in the utilitys determination that a security deposit is necessary. 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 § 56.33 (relating to third-party guarantors); 52 Pa. Code § 56.38 (relating to payment period for deposits by applicants); and 52 Pa. Code § 56.53 (relating to deposit hold period and refund).
§ 56.33. Third-party guarantors.
If an applicant does not establish credit under § 56.32 (relating to security and cash deposits), the public utility shall provide residential service when one of the following requirements is satisfied:
(1) Cash deposit. The applicant posts a cash deposit.
(2) Third-party guarantor. This section does not preclude an applicant from furnishing a third-party guarantor in lieu of a cash deposit. The guaranty must be in writing and state the terms of the guaranty. The guarantor shall be responsible for all missed payments owed to the public utility. For the purposes of this section, the term guarantor means a third-party who has or can establish credit under § 56.32.
Authority The provisions of this § 56.33 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504506, 1301, 14011419 and 1501.
Source The provisions of this § 56.33 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. Immediately preceding text appears at serial page (263654).
Cross References This section cited in 52 Pa. Code § 56.36 (relating to written procedures).
§ 56.34. Deposits for temporary service.
Deposits for applicants for temporary service may be required in accordance with § 53.82(1) (relating to deposits).
Source The provisions of this § 56.35 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 14011419, 15011504 and 1509.
Source The provisions of this § 56.35 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; amended September 10, 1982, effective September 11, 1982, 12 Pa.B. 3093; 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 (358960) to (358961).
Cross References The provisions of this § 56.36 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.36 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 (358961) to (358962).
§ 56.37. General rule.
Once an applicants application for service is accepted by the public utility, the public utility shall make a bona fide attempt to provide service within 3 business days, provided that the applicant has met all regulatory requirements. A bona fide attempt to provide service within 7 business days is permissible if street or sidewalk digging is required. A longer time frame is permissible with the consent of the applicant. If the investigation and determination of credit status is expected to take or in fact takes longer than 3 business days commencing the date after the application is made, the public utility shall provide service pending completion of the investigation. If the public utility cannot provide service by the time frames specified in this section, the public utility shall inform the customer of this fact and provide a reasonable estimate of when service will be provided. These requirements do not apply to new service installations and service extensions that require the construction of facilities to provide the public utility service.
Authority The provisions of this § 56.37 amended under the Public Utility Code, 66 Pa.C.S. § § 14011419.
Source The provisions of this § 56.37 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 (246328).
§ 56.38. Payment period for deposits by applicants.
(a) The due date for payment of a deposit or any installment payment toward a deposit, other than an initial installment or a deposit required as a condition for the reconnection of service under § 56.41(2) (relating to general rule) may not be less than 21 days from the date of mailing or service on the applicant of notification of the amount due.
(b) An applicant required by a public utility to pay a deposit under § 56.32 (relating to security and cash deposits) or an applicant paying a deposit for the reconnection of service under § 56.41(2) may be required by the public utility to pay 50% prior to, and as a condition of, the reconnection of service with 25% billed 30 days after reconnection of service and 25% billed 60 days after the reconnection of service. The public utility shall inform the applicant of the option to pay the deposit in the installments described in this subsection. If the applicant chooses to pay the deposit in installments, installment payments must be paid in full by the due date. Failure to pay an installment by the due date is grounds for termination of service as provided in § 56.81 (relating to authorized termination of service). The applicant retains the option to pay the deposit amount in full before the due date regardless of any deposit installments previously paid.
Authority The provisions of this § 56.38 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. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.38 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 page (358963).
Cross References This section cited in 52 Pa. Code § 56.32 (relating to security and cash deposits).
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 utilitys 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, 14011419, 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 The provisions of this § 56.42 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1304, 14011419, 1501, 1504 and 1509.
Source The provisions of this § 56.42 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; amended April 8, 1983, effective April 9, 1983, 13 Pa.B. 1250; corrected September 16, 1988, effective June 30, 1979, 18 Pa.B. 4245; 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 (358965).
§ 56.43. [Reserved].
Source The provisions of this § 56.43 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; reserved October 7, 2011, effective October 8, 2011, 41 Pa.B. 5473. Immediately preceding text appears at serial page (246330).
CASH DEPOSITS
§ 56.51. Amount of cash deposit.
(a) Applicants. A public utility may require a cash deposit equal to 1/6 of the applicants estimated annual bill calculated on the basis of the annual bill to the dwelling at which service is being requested for the prior 12 months or, if unavailable, a similar dwelling in close proximity.
(b) City natural gas operation. A city natural gas distribution operation may require a cash deposit from an applicant with a household income no greater than 300% of the Federal poverty level in an amount not in excess of 1/12 of the applicants estimated annual bill. A city natural gas operation may require a cash deposit from an applicant with a household income level above 300% of the Federal poverty level in the amount of 1/6 of the applicants estimated annual bill. An estimated annual bill shall be calculated on the basis of the annual bill to the dwelling at which service is being requested for the prior 12 months or, if unavailable, a similar dwelling in close proximity.
(c) Existing customers. For an existing customer, the cash deposit may not exceed the estimated charges for service based on the prior consumption of that customer for the class of service involved for a period equal to one average billing period plus 1 average month, not to exceed 4 months in the case of water utilities and 2 months in the case of gas and electric utilities.
(d) Adjustment of deposits. The amount of a cash deposit may be adjusted at the request of the customer or the public utility whenever the character or degree of the usage of the customer has materially changed or when it is clearly established that the character or degree of service will materially change in the immediate future.
Authority The provisions of this § 56.51 amended under the Public Utility Code, 66 Pa.C.S. § § 14011419.
Source The provisions of this § 56.51 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 (246330).
§ 56.52. [Reserved].
Source The provisions of this § 56.52 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; reserved April 8, 1983, effective April 9, 1983, 13 Pa.B. 1250. Immediately preceding text appears at serial page (37341).
§ 56.53. Deposit hold period and refund.
(a) A public utility may hold a deposit until a timely payment history is established.
(b) A timely payment history is established when a customer has paid in full and on time for any 12 consecutive months.
(c) At the end of the deposit holding period as established in subsection (a), the public utility shall deduct the outstanding balance from the deposit and return or credit any positive difference to the customer. At the option of the public utility, a cash deposit, including accrued interest, may be refunded in whole or in part, at any time earlier than the time stated in this section.
(d) If service is terminated before the end of the deposit holding period as established in subsection (a), the public utility shall deduct the outstanding balance from the deposit and return any positive difference to the customer within 60 days of the termination.
(e) If a customer becomes delinquent before the end of the deposit holding period as established in subsection (a), the public utility may deduct the outstanding balance from the deposit.
(f) A public utility shall refund a deposit, along with any applicable interest, within 60 days upon determining that the customer or applicant from whom a deposit was collected is not subject to a deposit under § 56.32(e) (relating to security and cash deposits) or § 56.41(4) (relating to general rule).
Authority The provisions of this § 56.53 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504506, 1301, 1305, 14011419, 1501, 1504 and 1509.
Source The provisions of this § 56.53 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 page (358967).
Cross References This section cited in 52 Pa. Code § 56.55 (relating to periodic review).
§ 56.54. [Reserved].
Authority The provisions of this § 56.54 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1305, 1501 and 1504; reserved under the Public Utility Code, 66 Pa.C.S. § § 14011419.
Source The provisions of this § 56.54 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 October 7, 2011, effective October 8, 2011, 41 Pa.B. 5473. Immediately preceding text appears at serial page (246332).
Cross References This section cited in 52 Pa. Code § 56.55 (relating to periodic review).
§ 56.55. [Reserved].
Authority The provisions of this § 56.55 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1305, 1501 and 1504; reserved under the Public Utility Code, 66 Pa.C.S. § § 14011419.
Source The provisions of this § 56.55 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 October 7, 2011, effective October 8, 2011, 41 Pa.B. 5473. Immediately preceding text appears at serial page (246332).
§ 56.56. Refund statement.
If a cash deposit is applied or refunded, the public utility shall mail or deliver to the customer a written statement showing the amount of the original deposit plus accrued interest, the application of the deposit to a bill which had previously accrued, the amount of unpaid bills liquidated by the deposit and the remaining balance.
Authority The provisions of this § 56.56 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1305, 14011419, 1501 and 1504.
Source The provisions of this § 56.56 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 (246332) and (324549).
§ 56.57. Interest rate.
The public utility shall accrue interest on the deposit until it is returned or credited.
(1) Interest shall be computed at the simple annual interest rate determined by the Secretary of Revenue for interest on the underpayment of tax under section 806 of The Fiscal Code (72 P.S. § 806).
(2) The interest rate in effect when the deposit is required to be paid shall remain in effect until the date the deposit is refunded or credited, or December 31, whichever is later. A deposit initially accrues interest at the interest rate in effect at the time the deposit was required. This interest rate remains in effect until the end of the calendar year.
(3) On January 1 of each year, the new interest rate for that year will apply to the deposit. The new interest rate will be applied to the deposit for the calendar year starting January 1 until December 31 of that same year. Revised interest rates are calculated every subsequent January 1 and applied to the deposit until the deposit is refunded or applied to the account.
Authority The provisions of this § 56.57 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1305, 14011419, 1501, 1504, 1509 and 2911.
Source The provisions of this § 56.57 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; amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial pages (358968) to (358969).
§ 56.58. Application of interest.
Interest shall be paid to the customer or, at the option of either the public utility or the customer, shall be applied to service bills.
Authority The provisions of this § 56.58 amended under the Public Utility Code, 66 Pa.C.S. § § 14011419.
Source The provisions of this § 56.58 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 (324549).
§ § 56.6156.65. [Reserved].
Source The provisions of these § § 56.6156.65 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; reserved July 17, 1998, effective August 17, 1998, 28 Pa.B. 3379. Immediately preceding text appears at serial pages (205743) to (205744) and (241289).
Subchapter D. INTERRUPTION AND DISCONTINUANCE
OF SERVICE
Sec.
56.71. Interruption of service.
56.72. Discontinuance of service.
Cross References The provisions of this § 56.71 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1305, 14011419, 1501 and 1504.
Source The provisions of this § 56.71 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 (324550).
Cross References The provisions of this § 56.72 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1305, 14011419, 1501, 1504 and 1509.
Source The provisions of this § 56.72 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 (358970) to (358971).
Notes of Decisions Notice of Discontinuation
In an action in which landlords alleged that the utilitys disconnection of service without notification to them as owners of the property was negligent, unreasonable, and a violation of the Public Utility Commissions regulations, the court held that this regulation, which permits a public utility to discontinue service without prior written notice when the ratepayer (in this case, the tenants) request discontinuance of service, was reasonable and not an arbitrary execution of the agencys functions; this court would not rectify a landlords failure to protect himself contractually by creating a statutory duty out of whole cloth for public utilities to provide notice to nonratepaying landlords. Rohrbaugh v. Pennsylvania Public Utility Commission, 727 A.2d 1080 (Pa. 1999).
Cross References This section cited in 52 Pa. Code § 56.2 (relating to definitions); 52 Pa. Code § 56.17 (relating to advance payments); and 52 Pa. Code § 56.93 (relating to personal contact).
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.
56.12156.126. [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 § § 56.9156.100 (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, 14011419, 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, 14011419, 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 The provisions of this § 56.83 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1305, 14011419, 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 § § 56.9356.97, 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 utilitys 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 utilitys 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, 504506, 1301, 1305, 14011419, 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. § § 14011419.
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 customers 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 Commissions 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, 504506, 1301, 14011419, 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 utilitys 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, 14011419, 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 customers 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, 14011419, 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. § § 14011419.
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 utilitys 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, 504506, 1301, 1305, 14011419, 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 customers 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 utilitys 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, 14011419, 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. § § 14011419.
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 The provisions of this § 56.100 issued under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1305, 14011419, 1501 and 1504; amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 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, 504506, 1301, 1305, 1501 and 1504; reserved under the Public Utility Code, 66 Pa.C.S. § § 14011419.
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 customers or applicants 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, 14011419, 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 Landlords Failure to Pay
Emergency provisions found at 52 Pa. Code § § 56.11156.118 do apply to tenants where service is to be or has been terminated due to the landlords failure to pay his bill, and take precedence over the more general Landlord-Tenant provisions of 66 Pa.C.S. § § 15211533 (relating to discontinuance of service to lease premises) and the accompanying regulations at 52 Pa. Code § § 56.12156.126. 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. § § 14011419.
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 utilitys 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, 14011419, 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 The provisions of this § 56.114 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504506, 1301, 1305, 14011419, 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, 56.11656.118 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. § § 14011419.
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, 14011419, 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 § § 56.9356.96.
Authority The provisions of this § 56.117 amended under the Public Utility Code, 66 Pa.C.S. § § 14011419.
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 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. § § 331335, 501, 701703, 1301, 14011419 and 15011511.
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 Landlords Failure to Pay
Emergency provisions found at 52 Pa. Code § § 56.11156.118 do apply to tenants where service is to be or has been terminated due to the landlords failure to pay his bill, and take precedence over the more general Landlord-Tenant provisions of 66 Pa.C.S. § § 15211533 (relating to discontinuance of service to leased premises) and the accompanying regulations at 52 Pa. Code § § 56.12156.126. Tenant Action Group v. Pennsylvania Public Utility Commission, 514 A.2d 1003 (Pa. Cmwlth. 1986).
§ § 56.12256.126. [Reserved].
Source The provisions of these § § 56.12256.126 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 Landlords Failure to Pay
Emergency provisions found at 52 Pa. Code § § 56.11156.118 do apply to tenants where service is to be or has been terminated due to the landlords failure to pay his bill, and take precedence over the more general Landlord-Tenant provisions of 66 Pa.C.S. § § 15211533 (relating to discontinuance of service to leased premises) and the accompanying regulations at 52 Pa. Code § § 56.12156.126. 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 customers 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 customers 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, 14011419, 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)).
Subchapter F. DISPUTES; TERMINATION DISPUTES; INFORMAL
AND FORMAL COMPLAINTS
GENERAL PROVISIONS Sec.
56.140. Follow-up response to inquiry.
56.141. Dispute procedures.
56.142. Time for filing an informal complaint.
56.143. Effect of failure to timely file an informal complaint.
PUBLIC UTILITY COMPANY DISPUTE PROCEDURES
56.151. General rule.
56.152. Contents of the public utility company report.
INFORMAL COMPLAINT PROCEDURES
56.161. [Reserved].
56.162. Informal complaint filing procedures.
56.163. Commission informal complaint procedure.
56.164. Termination pending resolution of the dispute.
56.165. Conference procedures.
56.166. Informal complaints.
FORMAL COMPLAINTS
56.171. General rule.
56.172. Filing.
56.173. Review from formal complaint decisions of the Bureau of Consumer Services.
56.174. Ability to pay proceedings.
PAYMENT OF BILLS PENDING RESOLUTION OF
DISPUTES AND COMPLAINTS
56.181. Duties of parties; disputing partys duty to pay undisputed portion of bills; public utilitys duty to pay interest whenever overpayment found.
Cross References This subchapter cited in 52 Pa. Code § 54.153 (relating to reporting requirements); 52 Pa. Code § 55.115 (relating to coordination with other regulations); 52 Pa. Code § 56.1 (relating to statement of purpose and policy); and 52 Pa. Code § 65.10 (relating to disputed bills).
GENERAL PROVISIONS
§ 56.140. Follow-up response to inquiry.
When a customer is waiting for a follow-up response to an initial inquiry under § 56.2 (relating to definitions), termination or threatening termination of service for the subject matter relating to the inquiry in question shall be prohibited until the follow-up response and, when applicable, subsequent dispute resolution is completed by the public utility.
Authority The provisions of this § 56.140 issued under the Public Utility Code, 66 Pa.C.S. § § 501, 504506, 1301 and 1501; amended under the Public Utility Code, 66 Pa.C.S. § § 14011419.
Source The provisions of this § 56.140 adopted 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 (339438).
§ 56.141. Dispute procedures.
A notice of dispute, including termination disputes, must proceed, according to this section:
(1) Attempted resolution. If, at any time prior to the actual termination of service, a customer advises the public utility that the customer disputes any matter covered by this chapter, including, but not limited to, credit determinations, deposit requirements, the accuracy of public utility metering or billing or the proper party to be charged, the public utility shall attempt to resolve the dispute in accordance with § 56.151 (relating to general rule).
(2) Termination stayed. Except as otherwise provided in this chapter, when a termination dispute or complaint has been properly filed in accordance with this subchapter, termination shall be prohibited until resolution of the dispute or complaint. However, the disputing party shall pay undisputed portions of the bill.
Authority The provisions of this § 56.141 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1305, 14011419, 1501 and 1504.
Source The provisions of this § 56.141 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 (339438) and (337353).
Notes of Decisions Attempted Resolution
The utility did not improperly require customers to talk to the utility before filing a complaint with the Pennsylvania Public Utility Commission, where the regulations require the public utilities to attempt to resolve a dispute with a customer before any informal or formal complaint is filed with the Pennsylvania Public Utility Commission, and where the language used by the utility in its billing statement complied with 52 Pa. Code § 56.2. Aronson v. Pennsylvania Public Utility Commission, 740 A.2d 1208 (Pa. Cmwlth. 1999); appeal denied 751 A.2d 193 (Pa. 2000).
Cross References This section cited in 52 Pa. Code § 56.16 (relating to transfer of accounts); 52 Pa. Code § 62.224 (relating to POR programs); and 52 Pa. Code § 111.13 (relating to customer complaints).
§ 56.142. Time for filing an informal complaint.
To be timely filed, an informal complaintwhich may not include disputes under § § 56.35 and 56.191 (relating to payment of outstanding balance; and payment and timing)shall be filed prior to the day on which the public utility arrives to terminate service. If the public utility arrives to terminate service and posts a deferred termination notice in lieu of termination or otherwise fails to terminate service, the time for filing an informal complaint shall be extended until the end of the business day prior to the public utility again arriving to terminate service.
Authority The provisions of this § 56.142 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504506, 1301, 1305, 14011419, 1501 and 1504.
Source The provisions of this § 56.142 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 (337353).
Cross References This section cited in 52 Pa. Code § 56.16 (relating to transfer of accounts).
§ 56.143. Effect of failure to timely file an informal complaint.
Failure to timely file an informal complaint, except for good cause, shall constitute a waiver of applicable rights to retain service without complying with the termination notice or conference report of the public utility.
Authority The provisions of this § 56.143 amended under the Public Utility Code, 66 Pa.C.S. § § 14011419.
Source The provisions of this § 56.143 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 (337353) to (337354).
Cross References This section cited in 52 Pa. Code § 56.16 (relating to transfer of accounts).
PUBLIC UTILITY COMPANY DISPUTE PROCEDURES
§ 56.151. General rule.
Upon initiation of a dispute covered by this section, the public utility shall:
(1) Not issue a termination notice based on the disputed subject matter.
(2) Investigate the matter using methods reasonable under the circumstances, which may include telephone or personal conferences, or both, with the customer or occupant.
(3) Make a diligent attempt to negotiate a reasonable payment arrangement if the customer or occupant is eligible for a payment arrangement and claims a temporary inability to pay an undisputed bill. Factors which shall be considered in the negotiation of a payment arrangement include, but are not limited to:
(i) The size of the unpaid balance.
(ii) The ability of the customer to pay.
(iii) The payment history of the customer.
(iv) The length of time over which the bill accumulated.
(4) Provide the customer or occupant with the information necessary for an informed judgment, including, but not limited to, relevant portions of tariffs, statements of account and results of meter tests.
(5) Within 30 days of the initiation of the dispute, issue its report to the complaining party. The public utility shall inform the complaining party that the report is available upon request.
(i) If the complainant is not satisfied with the dispute resolution, the public utility company report must be in writing and conform to § 56.152 (relating to contents of the public utility company report). Further, in these instances, the written report shall be sent to the complaining party if requested or if the public utility deems it necessary.
(ii) If the complaining party is satisfied with the orally conveyed dispute resolution, the written public utility company report may be limited to the information in § 56.152(1), (2) and, when applicable, § 56.152(7)(ii) or (8)(ii).
(iii) The information and documents required under this subsection may be electronically provided to the complaining party as long as the complaining party has the ability to accept electronic documents and consents to receiving them electronically.
Authority The provisions of this § 56.151 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504506, 1301, 1305, 14011419, 1501, 1504 and 1509.
Source The provisions of this § 56.151 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 (367184) to (367185).
Cross References This section cited in 52 Pa. Code § 54.153 (relating to reporting requirements); 52 Pa. Code § 56.114 (relating to length of postponement; renewals); 52 Pa. Code § 56.141 (relating to dispute procedures); 52 Pa. Code § 57.177 (relating to customer dispute procedures); 52 Pa. Code § 59.97 (relating to customer dispute procedures); 52 Pa. Code § 62.33 (relating to reporting requirements); 52 Pa. Code § 62.224 (relating to POR programs); 52 Pa. Code § 69.265 (relating to CAP design elements); and 52 Pa. Code § 111.13 (relating to customer complaints).
§ 56.152. Contents of the public utility company report.
A public utility company report must include the following:
(1) A statement of the claim or dispute of the customer and a copy thereof if the claim or notice of dispute was made in writing.
(2) The position of the public utility regarding that claim.
(3) A statement that service will not be terminated pending completion of the dispute process, including both informal and formal complaints, so long as there is compliance with all requirements of the Commission.
(4) A statement that if the complaining party does not agree with the public utility company report, an informal complaint shall be filed with the Commission to ensure the preservation of all of the complaining partys rights.
(5) The office where payment may be made or information obtained listing the appropriate telephone number and address of the public utility.
(6) A full and complete explanation of procedures for filing an informal complaint with the Commission (see § 56.162 (relating to informal complaint filing procedures)). If a written report is not requested by the complaining party or is not deemed necessary by the public utility, the public utility shall provide the information in § 56.162(1), (2) and (5). In addition, the public utility shall always provide the telephone number and address of the office of the Commission where an informal complaint may be filed.
(7) If the matter in dispute involves a billing dispute, the public utility company report must include the following:
(i) An itemized statement of the account of the complaining customer specifying the amount of credit, if any, and the proper amount due.
(ii) The date on or after which the account will become delinquent unless a payment arrangement is entered into or an informal complaint is filed with the Commission. This date may not be earlier than the due date of the bill or 15 days after the issuance of a public utility company report, whichever is later.
(8) If the matter involves a dispute other than a billing dispute, the public utility company report must also state the following:
(i) The action required to be taken to avoid the termination of service.
(ii) The date on or after which service will be terminated in accordance with the applicable requirements unless the report is complied with, or a payment arrangement entered into or an informal complaint filed. This date may not be earlier than the original date for compliance with the matter which gave rise to the dispute or 10 days from the date of issuance of the public utility company report, whichever is later. If the public utility company report is in writing, the information in this paragraph must be prominently displayed.
Authority The provisions of this § 56.152 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504506, 1301, 1305, 14011419, 1501, 1504 and 1509.
Source The provisions of this § 56.152 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 (367185) to (367186).
Cross References This section cited in 52 Pa. Code § 56.100 (relating to winter termination procedures); 52 Pa. Code § 56.114 (relating to length of postponement; renewals); 52 Pa. Code § 56.118 (relating to right of public utility to petition the Commission); 52 Pa. Code § 56.151 (relating to general rule); 52 Pa. Code § 57.177 (relating to customer dispute procedures); 52 Pa. Code § 59.97 (relating to customer dispute procedures); 52 Pa. Code § 69.265 (relating to CAP design elements); and 52 Pa. Code § 111.13 (relating to customer complaints).
INFORMAL COMPLAINT PROCEDURES
§ 56.161. [Reserved].
Source The provisions of this § 56.161 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; reserved October 7, 2011, effective October 8, 2011, 41 Pa.B. 5473. Immediately preceding text appears at serial page (271620).
Cross References This section cited in 52 Pa. Code § 56.100 (relating to winter termination procedures); 52 Pa. Code § 56.165 (relating to conference procedures); 52 Pa. Code § 57.257 (relating to disputes concerning advanced metering); and 52 Pa. Code § 69.265 (relating to CAP design elements).
§ 56.162. Informal complaint filing procedures.
An informal complaint may be filed orally or in writing and must include the following information:
(1) The name and address of the complainant and, if different, the address at which service is provided.
(2) The telephone number of the complainant.
(3) The account number of the complainant, if applicable.
(4) The name of the public utility.
(5) A brief statement of the dispute.
(6) Whether the dispute formerly has been the subject of a public utility company investigation and report. The complainant shall affirm having first contacted the public utility for the purpose of resolving the problem about which the complainant wishes to file a complaint. If the complainant has not contacted the public utility, the Commission shall direct the complainant to the public utility.
(7) Whether the dispute formerly has been the subject of a Commission informal or formal complaint.
(8) The date, if any, of proposed termination.
(9) The relief sought.
Authority The provisions of this § 56.162 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504506, 1301, 14011419 and 1501.
Source The provisions of this § 56.162 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. Immediately preceding text appears at serial pages (271620), (267657) and (252041).
Cross References This section cited in 52 Pa. Code § 3.111 (relating to form and content of informal complaints); 52 Pa. Code § 56.100 (relating to winter termination procedures); 52 Pa. Code § 56.152 (relating to contents of the public utility company report); 52 Pa. Code § 56.165 (relating to conference procedures); 52 Pa. Code § 57.257 (relating to disputes concerning advanced metering); and 52 Pa. Code § 69.265 (relating to CAP design elements).
§ 56.163. Commission informal complaint procedure.
Upon the filing of an informal complaint, which shall be captioned as (Complainant) v. (public utility), Commission staff will immediately notify the public utility; review the dispute; and, within a reasonable period of time, issue to the public utility and the complaining party an informal report with findings and a decision. Parties may represent themselves or be represented by counsel or other person of their choice, and may bring witnesses to appear on their behalf. The reports will be in writing and a summary will be sent to the parties if a party requests it or if the Commission staff finds that a summary is necessary.
(1) Review techniques. Review will be by an appropriate means, including, but not limited to, public utility company reports, telephone calls, conferences, written statements, research, inquiry and investigation. Procedures will be designed to ensure a fair and reasonable opportunity to present pertinent evidence and to challenge evidence submitted by the other party to the dispute, to examine a list of witnesses who will testify and documents, records, files, account data, records of meter tests and other material that the Commission staff will determine may be relevant to the issues, and to question witnesses appearing on behalf of other parties. Information and documents requested by Commission staff as part of the review process shall be provided by the public utility within 30 days of the request. If the complainant is without public utility service, or in other emergency situations as identified by Commission staff, the information requested by Commission staff shall be provided by the public utility within 5 business days of the request.
(2) Settlement. Prior to the issuance of an informal decision, Commission staff may facilitate discussions between the parties in an effort to settle the dispute. If a settlement is reached, Commission staff will confirm that all parties understand the terms of the settlement and document the informal complaint as closed.
(3) Resolution. Commission staff resolution of informal complaints is binding upon the parties unless formal proceedings are initiated under § § 56.17156.174 (relating to formal complaints).
Authority The provisions of this § 56.163 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1305, 14011419, 1501, 1504 and 1509.
Source The provisions of this § 56.163 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 (359001) to (359002).
Notes of Decisions The statute of limitations did not run during the period of time which the Bureau of Consumer Services was investigating the ratepayers informal complaint. Duquesne Light Co. v. Pennsylvania Public Utility Commission, 611 A.2d 370 (Pa. Cmwlth. 1992).
Cross References This section cited in 52 Pa. Code § 56.100 (relating to winter termination procedures); 52 Pa. Code § 56.165 (relating to conference procedures); 52 Pa. Code § 57.257 (relating to disputes concerning advanced metering); and 52 Pa. Code § 69.265 (relating to CAP design elements).
§ 56.164. Termination pending resolution of the dispute.
In any case alleging unauthorized use of public utility service, as defined in § 56.2 (relating to definitions), or the customers failure to pay undisputed bills as required under § 56.181 (relating to duties of parties; disputing partys duty to pay undisputed portion of bills; public utilitys duty to pay interest whenever overpayment found), a public utility may terminate service after giving proper notice in accordance with § § 56.9156.98, whether or not a dispute is pending.
Authority The provisions of this § 56.164 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1305, 14011419, 1501 and 1504.
Source The provisions of this § 56.164 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 (252042).
Cross References This section cited in 52 Pa. Code § 56.100 (relating to winter termination procedures); 52 Pa. Code § 56.165 (relating to conference procedures); 52 Pa. Code § 57.257 (relating to disputes concerning advanced metering); and 52 Pa. Code § 69.265 (relating to CAP design elements).
§ 56.165. Conference procedures.
Conferences held under § § 56.16156.164 and this section will be informal and may be held by conference telephone call, when appropriate. If the parties are to be present, the conferences will take place within reasonable proximity to the situs of the complaint.
Authority The provisions of this § 56.165 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1305, 14011419, 1501 and 1504.
Source The provisions of this § 56.165 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 (252042) to (252043).
Cross References This section cited in 52 Pa. Code § 56.100 (relating to winter termination procedures); 52 Pa. Code § 57.257 (relating to disputes concerning advanced metering); and 52 Pa. Code § 69.265 (relating to CAP design element).
§ 56.166. Informal complaints.
The Commission delegates to the Bureau of Consumer Services (BCS) the primary authority to resolve customer, applicant or occupant informal complaints arising under this chapter. The BCS, through its Director and with the concurrence of the Commission, will establish appropriate internal procedures to implement this chapter.
(1) The Commission will accept complaints only from complainants who affirm that they have first contacted the public utility for the purpose of resolving the problem about which the complainant wishes to file a complaint. If the complainant has not contacted the public utility, the Commission will direct the complainant to the public utility.
(2) Only after the complainant and the public utility have failed to resolve the dispute will BCS initiate an investigation.
Authority The provisions of this § 56.166 issued under the Public Utility Code, 66 Pa.C.S. § § 14011419.
Source The provisions of this § 56.166 adopted October 7, 2011, effective October 8, 2011, 41 Pa.B. 5473.
FORMAL COMPLAINTS
§ 56.171. General rule.
Except as otherwise provided in this chapter, formal complaint proceedings will proceed according to the rules and regulations of the Commission governing complaint proceedings.
Source The provisions of this § 56.171 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655.
Cross References This section cited in 52 Pa. Code § 56.100 (relating to winter termination procedures); 52 Pa. Code § 56.163 (relating to Commission informal complaint procedure); and 52 Pa. Code § 57.257 (relating to disputes concerning advanced metering).
§ 56.172. Filing.
(a) A request for review of the decision of the Bureau of Consumer Services (BCS) shall be initiated in writing within 20 days of issuance.
(b) Upon receipt of a request for review of the decision of the BCS, the Secretary of the Commission will mail a formal complaint form to the requesting person.
(c) Within 30 days of the mailing of the formal complaint form, the party requesting review of the decision of the BCS shall file the completed complaint form with the Secretary.
(d) Upon the filing of a formal complaint within the 30-day period and not thereafter except for good cause shown, there will be an automatic stay of the informal complaint decision.
(e) The failure to request review of the BCS decision by filing a formal complaint within the 30-day period does not foreclose a party from filing a formal complaint at a later time except as otherwise may be provided in 66 Pa.C.S. (relating to Public Utility Code).
Authority The provisions of this § 56.172 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 332, 501, 504, 1301, 1305, 14011419, 1501 and 1504.
Source The provisions of this § 56.172 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 20, 1984, effective July 21, 1984, 14 Pa.B. 2676; amended January 8, 1988, effective January 9, 1988, 18 Pa.B. 185; amended October 7, 2011, effective October 8, 2011, 41 Pa.B. 5473. Immediately preceding text appears at serial pages (252043) to (252044).
Cross References This section cited in 52 Pa. Code § 56.100 (relating to winter termination procedures); 52 Pa. Code § 56.163 (relating to Commission informal complaint procedure); and 52 Pa. Code § 57.257 (relating to disputes concerning advanced metering).
§ 56.173. Review from informal complaint decisions of the Bureau of Consumer Services.
(a) Assignment. Review of informal complaint decisions will be heard de novo by a law judge or special agent.
(b) Filing and docketing. A complaint will be filed and docketed as a formal Commission complaint, under § § 1.311.38 (relating to documentary filings).
(c) Captions. The parties to a review will be stated in the caption as they stood upon the record of the informal complaint proceeding. If the party requesting review is a public utility, the phrase Complaint Appellant will be added after its name.
(d) Hearings. Hearings conducted by an administrative law judge or special agent will be held within a reasonable period of time after the filing of the answer. The parties may incorporate portions of the conference report or informal decision that they shall agree upon.
(e) Formal complaint decision. The administrative law judge or special agent assigned to the formal complaint will issue a decision within a reasonable period of time after the receipt of the transcribed testimony. The following will be included in the decision:
(1) A description of the matter.
(2) A findings of fact.
(3) The conclusions of law.
(4) Other discussion and opinion as appropriate.
(f) Commission review. The Commission will review the decision of the assigned administrative law judge or special agent, commit it to advisory staff for further analysis, remand it to an administrative law judge or special agent for further development of the record or issue a final order. The burden of proof for the formal complaint remains with the party who filed the informal complaint. For legal or policy issues raised by the public utility, the burden of proof for the formal complaint will be with the public utility raising the legal or policy issue.
Authority The provisions of this § 56.173 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 332, 501, 504, 1301, 1305, 14011419, 1501, 1504 and 1509.
Source The provisions of this § 56.173 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; amended July 20, 1984, effective July 21, 1984, 14 Pa.B. 2676; 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 (359005) to (359006).
Cross References This section cited in 52 Pa. Code § 56.100 (relating to winter termination procedures); 52 Pa. Code § 56.163 (relating to Commission informal complaint procedure); 52 Pa. Code § 56.172 (relating to time for filing); and 52 Pa. Code § 57.257 (relating to disputes concerning advanced metering).
§ 56.174. Ability to pay proceedings.
(a) Assignments. Requests for review of decisions of the Bureau of Consumer Services (BCS) and any other case in which the issue is solely ability to pay may be assigned to a special agent.
(b) Stay of informal complaint decision. Upon the filing of a formal complaint in a case seeking review from the decision of the BCS, there shall be an automatic stay of payment arrangements ordered in that decision, other than current bills not at issue. The public utility may request that the presiding officer remove the stay and order payment of amounts in the informal complaint decision. When current bills are not at issue, the customer shall be responsible for payment of current, undisputed bills pending issuance of a final Commission order.
(c) Hearings. The presiding officer will conduct hearings within a reasonable period after filing of the review and answer. If the presiding officer is a special agent, the special agent will have all powers of an administrative law judge.
(1) The presiding officer will attempt to hold hearings by telephone, unless one or more parties object. Hearings will be held after the filing of an answer.
(2) The presiding officer will hear the case de novo, but may request a stipulation of the parties as to undisputed facts.
(3) Hearings will be tape recorded and will not be transcribed, unless the parties request the use of a stenographer or a transcription of the tape or other circumstances warranting transcription exist. Unless objected to, parties may make their own tape recording of the proceedings, but the only official record shall be that made by the presiding officer.
(d) Proposed findings of fact and conclusions of law or briefs. The parties shall have the opportunity of submitting proposed findings of fact and conclusions of law or briefs to the presiding officer. Notice of intent to submit findings of fact and conclusions of law or briefs shall be given at the hearing and they shall be submitted within 10 days of the hearing.
(e) Initial decision. The presiding officer will render a written decision after the hearings or after the receipt of proposed findings of fact and conclusions of law or briefs, if they are filed. The initial decision will be in writing and contain a brief description of the matter, findings of fact and conclusions of law. The initial decision shall be subject to the filing of exceptions under the procedures in Chapters 1 and 5 (relating to rules of administrative practice and procedure; and formal proceedings).
Authority The provisions of this § 56.174 issued under the Public Utility Code, 66 Pa.C.S. § § 331, 332, 501, 504, 1301, 1305, 1501 and 1504; amended under the Public Utility Code, 66 Pa.C.S. § § 14011419.
Source The provisions of this § 56.174 adopted July 20, 1984, effective July 21, 1984, 14 Pa.B. 2676; amended October 7, 2011, effective October 8, 2011, 41 Pa.B. 5473. Immediately preceding text appears at serial pages (252045) to (252046).
Cross References This section cited in 52 Pa. Code § 56.163 (relating to Commission informal complaint procedure); 52 Pa. Code § 56.172 (relating to time for filing); and 52 Pa. Code § 57.257 (relating to disputes concerning advanced metering).
PAYMENT OF BILLS PENDING RESOLUTION OF
DISPUTES AND COMPLAINTS
§ 56.181. Duties of parties; disputing partys duty to pay undisputed portion of bills; public utilitys duty to pay interest whenever overpayment found.
Pending resolution of a dispute, including a termination dispute, the disputing party shall be required to pay the undisputed portion of bills, as described in this section.
(1) Pending informal complaint. Pending the outcome of an informal complaint, the disputing party shall be obligated to pay that portion of a bill which is not honestly disputed. An amount ultimately determined, by the parties or the Commission, to have been validly due but not paid may be paid with interest at the tariff rate filed under § 56.22 (relating to accrual of late payment charges) except when interest charges have been reduced or eliminated by the parties or the Commission to facilitate payment by the disputing party.
(2) Pending formal complaint. Prior to the hearing on a formal complaint or prior to the issuance of a Commission order when no hearing is to be held in a formal complaint proceeding, the customer shall be required to pay that amount which the consumer services representative determines is not disputed.
(3) Overpayments reimbursed with interest. An amount ultimately determined to have been overpaid by the disputing party shall be reimbursed with interest at the tariff rate filed under § 56.22.
(4) Effect of offer of payment. An offer by a customer to pay all or any portion of a bill may not be deemed a waiver of a right to reimbursement for amounts subsequently deemed, by the parties or the Commission, to have been overpaid.
(5) Effect of acceptance of partial payment. The acceptance by a public utility of a partial payment for a bill pending final outcome of a dispute may not be deemed an accord and satisfaction or waiver of the right of the public utility to payment in full as subsequently agreed to by the parties or decided by the Commission.
Authority The provisions of this § 56.181 amended under the Public Utility Code, 66 Pa.C.S. § § 14011419.
Source The provisions of this § 56.181 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; amended January 15, 1982, effective January 16, 1982, 12 Pa.B. 298; amended October 7, 2011, effective October 8, 2011, 41 Pa.B. 5473. Immediately preceding text appears at serial pages (252046) to (252047).
Cross References This section cited in 52 Pa. Code § 56.12 (relating to meter reading; estimated billing; customer readings); 52 Pa. Code § 56.164 (relating to termination pending resolution of the dispute); and 52 Pa. Code § 57.257 (relating to disputes concerning advanced metering).
Subchapter G. RESTORATION OF SERVICE
Sec.
56.191. Payment and timing.
56.192. Personnel available to restore service.
Cross References The provisions of this § 56.191 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504506, 1301, 1305, 14011419, 15011504 and 1509.
Source The provisions of this § 56.191 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; amended September 10, 1982, effective September 11, 1982, 12 Pa.B. 3093; 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 (359009) to (359011).
Cross References This section cited in 52 Pa. Code § 56.35 (relating to payment of outstanding balance); 52 Pa. Code § 56.41 (relating to general rule); 56 Pa. Code § 56.82 (relating to timing of termination); 52 Pa. Code § 56.111 (relating to general provision); 52 Pa. Code § 56.115 (relating to restoration of service); 52 Pa. Code § 56.142 (relating to time for filing an informal compliant); 52 Pa. Code § 56.192 (personnel available to restore service); and 52 Pa. Code § 57.257 (relating to disputes concerning advanced metering).
§ 56.192. Personnel available to restore service.
A public utility shall have adequate personnel available between 9 a.m. and 5 p.m. on each working day or for a commensurate period of 8 consecutive hours to restore service when required under this chapter, specifically in § § 56.82 and 56.191 (relating to timing of termination; and payment and timing).
Authority The provisions of this § 56.192 amended under the Public Utility Code, 66 Pa.C.S. § § 14011419.
Source The provisions of this § 56.192 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 (252048).
Cross References This section cited in 52 Pa. Code § 57.257 (relating to disputes concerning advanced metering).
Subchapter H. PUBLIC INFORMATION PROCEDURES;
RECORD MAINTENANCE
56.201. Public information.
56.202. Record maintenance.
Cross References The provisions of this § 56.201 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1305, 14011419, 1501, 1504 and 1509.
Source The provisions of this § 56.201 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 (359012) to (359013).
Cross References The provisions of this § 56.202 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504506, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.202 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 (359013) to (359014).
Cross References This section cited in 52 Pa. Code § 57.257 (relating to disputes concerning advanced metering).
Subchapter I. [RESERVED]
Sec.
56.211. [Reserved].
Cross References This subchapter cited in 52 Pa. Code § 56.1 (relating to statement of purpose and policy).
§ 56.211. [Reserved].
Authority The provisions of this § 56.211 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504506, 1301, 1305, 1501 and 1504; reserved under the Public Utility Code, 66 Pa.C.S. § § 14011419.
Source The provisions of this § 56.211 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 pages (252050) to (252051).
Cross References This subchapter cited in 52 Pa. Code § 56.100 (relating to winter termination procedures); and 52 Pa. Code § 57.257 (relating to disputes concerning advanced metering).
Subchapter J. GENERAL PROVISIONS
Sec.
56.221. Availability of normal Commission procedures.
56.222. Applications for modification or exception.
56.223. Inconsistent tariff provisions.
56.224. [Reserved].
Cross References This subchapter cited in 52 Pa. Code § 56.1 (relating to statement of purpose and policy).
§ 56.221. Availability of normal Commission procedures.
Nothing in this chapter prevents a person or a public utility from pursuing other Commission procedures in a case not described in this chapter.
Authority The provisions of this § 56.221 amended under the Public Utility Code, 66 Pa.C.S. § § 14011419.
Source The provisions of this § 56.221 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 (252051).
Cross References The provisions of this § 56.222 amended under the Public Utility Code, 66 Pa.C.S. § § 14011419.
Source The provisions of this § 56.222 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 (252051) to (252052).
Cross References This section cited in 52 Pa. Code § 57.257 (relating to disputes concerning advanced metering).
§ 56.223. Inconsistent tariff provisions.
A tariff provision inconsistent with this chapter is deemed nonoperative and superseded by this chapter.
Authority The provisions of this § 56.223 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1305, 1501 and 1504.
Source The provisions of this § 56.223 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; amended April 8, 1983, effective April 9, 1983, 13 Pa.B. 1250. Immediately preceding text appears at serial page (37374).
Cross References This section cited in 52 Pa. Code § 57.257 (relating to disputes concerning advanced metering).
§ 56.224. [Reserved].
Source The provisions of this § 56.224 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; reserved April 8, 1983, effective April 9, 1983, 13 Pa.B. 1250. Immediately preceding text appears at serial pages (37374) to (37375).
Subchapter K. PUBLIC UTILITY REPORTING
REQUIREMENTS
Sec.
56.231. Reporting requirements.
Cross References The provisions of this § 56.231 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.231 adopted November 16, 1979, effective November 17, 1979, 9 Pa.B. 3797; 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 (359016) to (395018).
Cross References This section cited in 52 Pa. Code Chapter 56 Appendix C (relating to definitions (§ 56.231)); and 52 Pa. Code Chapter 56 Appendix D (relating to definitions (§ 56.231(d)).
Subchapter L. PROVISIONS FOR VICTIMS OF DOMESTIC VIOLENCE WITH 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
Sec.
56.251. Statement of purpose and policy.
56.252. Definitions.
Authority The provisions of this Subchapter L issued under the Public Utility Code, 66 Pa.C.S. § § 14011419, unless otherwise noted.
Source The provisions of this Subchapter L adopted October 7, 2011, effective October 8, 2011, 41 Pa.B. 5473, unless otherwise noted.
Cross References This subchapter cited in 52 Pa. Code § 56.1 (relating to statement of purpose and policy); and 52 Pa. Code § 56.251 (relating to statement of purpose and policy).
§ 56.251. Statement of purpose and policy.
Subchapters LV apply to victims under a protection from abuse order as provided by 23 Pa.C.S. Chapter 61 (relating to Protection from Abuse Act) or a court order issued by a court of competent jurisdiction in this Commonwealth which provides clear evidence of domestic violence against the applicant or customer as provided by 66 Pa.C.S. § 1417 (relating to nonapplicability). These subchapters establish and enforce uniform, fair and equitable residential public utility service standards governing eligibility criteria, credit and deposit practices, and account billing, termination and customer complaint procedures. This chapter assures adequate provision of residential public utility service, to restrict unreasonable termination of or refusal to provide that service and to provide functional alternatives to termination or refusal to provide that service. Every privilege conferred or duty required under this chapter imposes an obligation of good faith, honesty and fair dealing in its performance and enforcement. This chapter will be liberally construed to fulfill its purpose and policy and to insure justice for all concerned.
Authority The provisions of this § 56.251 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.252 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.252 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial pages (359019) to (359023).
Cross References This section cited in 52 Pa. Code § 56.252 (relating to definitions); 52 Pa. Code § 56.371 (relating to follow-up response to inquiry); 52 Pa. Code § 56.393 (relating to termination pending resolution of the dispute); 52 Pa. Code § 56.421 (relating to payment and timing); and 52 Pa. Code Chapter 56 Appendix D (relating to definitions (§ 56.231(d)).
Subchapter M. BILLING AND PAYMENT STANDARDS
GENERAL Sec.
56.261. Billing frequency.
56.262. Meter reading; estimated billing; customer readings.
56.263. Billings for merchandise, appliances and nonrecurring and recurring services.
56.264. Previously unbilled public utility service.
56.265. Billing information.
56.266. Transfer of accounts.
56.267. Advance payments.
PAYMENTS
56.271. Payment.
56.272. Accrual of late payment charges.
56.273. Application of partial payments between public utility and other service.
56.274. Application of partial payments among several bills for public utility service.
56.275. Electronic bill payment.
Authority The provisions of this Subchapter M issued under the Public Utility Code, 66 Pa.C.S. § § 14011419, unless otherwise noted.
Source The provisions of this Subchapter M adopted October 7, 2011, effective October 8, 2011, 41 Pa.B. 5473, unless otherwise noted.
Cross References This subchapter cited in 52 Pa. Code § 56.1 (relating to statement of purpose and policy); 52 Pa. Code § 56.251 (relating to statement of purpose and policy); and 52 Pa. Code § 56.252 (relating to definitions).
GENERAL
§ 56.261. Billing frequency.
(a) A public utility shall render a bill once every billing period to every residential customer in accordance with approved rate schedules.
(b) A public utility may utilize electronic billing in lieu of mailed paper bills. Electronic billing programs must include the following:
(1) The electronic billing option is voluntary and only with the prior consent of the customer. The customer retains the right to revert to conventional paper billings upon request. The customer shall provide the public utility with a one billing cycle notice of a request to revert to paper billing.
(2) A customer shall receive the same information that is included with a paper bill issued by the public utility.
(3) The electronic bill must include the same disclosures and educational messages that are required for paper bills. The electronic transmission of termination notices may not be permitted unless the customer has affirmatively consented to this method of delivery. The electronic delivery of a termination notice does not relieve the public utility of the obligation to provide termination notices as required under § § 56.33156.338.
(4) The electronic bill must include all required bill inserts in an easily accessed and easily readable format.
(5) The electronic bill must include the option for the customer to contribute to the public utilitys hardship fund if the public utility is able to accept hardship fund contributions by this method.
(6) A customer may not be required to pay an additional fee to receive an electronic bill.
(7) The public utility shall maintain a system to deliver electronic bills if the bill is emailed to a customer.
(8) The public utility shall employ all reasonable measures to protect customer information from unauthorized disclosure and prevent access to customer account records by persons who are not properly authorized to have access.
Authority The provisions of this § 56.261 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.262 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.262 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial pages (359025) to (359027).
Cross References This section cited in 52 Pa. Code § 56.337 (relating to procedures upon customer or occupant contact prior to termination); 52 Pa. Code § 56.356 (relating to duty of customer to pay bills); and 52 Pa. Code § 56.421 (relating to payment and timing).
§ 56.263. Billings for merchandise, appliances and nonrecurring and recurring services.
Charges for other than basic servicethat is, merchandise, appliances and special services, including merchandise and appliance installation, sales, rental and repair costs; meter testing fees; line extension costs; special construction charges and other nonrecurring charges, except as provided in this chaptermust appear after charges for basic services and appear distinctly separate. This includes charges for optional recurring services which are distinctly separate and clearly not required for the physical delivery of service. Examples include line repair programs and appliance warranty programs. See § 56.323(3) (relating to unauthorized termination of service).
§ 56.264. Previously unbilled public utility service.
When a public utility renders a make-up bill for previously unbilled public utility service which accrued within the past 4 years resulting from public utility billing error, meter failure, leakage that could not reasonably have been detected or loss of service, or four or more consecutive estimated bills and the make-up bill exceeds the otherwise normal estimated bill for the billing period during which the make-up bill is issued by at least 50% or at least $50, whichever is greater:
(1) The public utility shall explain the bill to the customer and make a reasonable attempt to amortize the bill.
(2) The period of the amortization may, at the option of the customer, extend at least as long as:
(i) The period during which the excess amount accrued.
(ii) Necessary so that the quantity of service billed in any one billing period is not greater than the normal estimated quantity for that period plus 50%.
Authority The provisions of this § 56.264 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.264 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial pages (359027) to (359028).
Cross References This section cited in 52 Pa. Code § 56.262 (relating to meter reading; estimated billing; customer readings); 52 Pa. Code § 56.291 (relating to general rule); 52 Pa. Code § 56.323 (relating to unauthorized termination of service); and 52 Pa. Code § 56.421 (relating to payment and timing).
§ 56.265. Billing information.
A bill rendered by a public utility for metered residential public utility service must state clearly the following information:
(1) The beginning and ending dates of the billing period.
(2) If applicable, the beginning and ending meter readings for the billing period. If a bill is estimated, it must contain a clear and conspicuous marking of the word Estimated.
(3) The due date on or before which payment shall be made or the account will be delinquent.
(4) The amount due for service rendered during the current billing period, specifying the charge for basic service, the energy or fuel adjustment charge, State tax adjustment surcharge if other than zero, State Sales Tax if applicable and other similar charges. The bills should also indicate that a State Gross Receipts Tax is being charged and a reasonable estimate of the charge. A Class A utility shall include a statement of the dollar amount of total State taxes included in the current billing period charge. For the purpose of this paragraph, a Class A utility shall also include a Class A telephone utility as defined under § 63.31 (relating to classification of public utilities).
(5) Amounts due for reconnection charges.
(6) Amounts due for security deposits.
(7) The total amount of payments and other credits made to the account during the current billing period.
(8) The amount of late payment charges, designated as such, which have accrued to the account of the customer for failure to pay bills by the due date of the bill and which are authorized under § 56.272 (relating to accrual of late payment charges).
(9) The total amount due.
(10) A clear and conspicuous marking of estimates.
(11) A statement directing the customer to register any question or complaint about the bill prior to the due date, with the address and telephone number where the customer may initiate the inquiry or complaint with the public utility.
(12) A statement that a rate schedule, an explanation of how to verify the accuracy of a bill and an explanation, in plain language, of the various charges, if applicable, is available for inspection in the local business office of the public utility and on the public utilitys web site.
(13) A designation of the applicable rate schedule as denoted in the officially filed tariff of the public utility.
(14) Public utilities shall incorporate the requirements in § § 54.4 and 62.74 (relating to bill format for residential and small business customers).
Authority The provisions of this § 56.265 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.266 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.267 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.267 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial pages (359029) to (359031).
PAYMENTS
§ 56.271. Payment.
The due date for payment of a bill may not be less than 20 days from the date of transmittal; that is, the date of mailing, electronic transmission or physical delivery of the bill by the public utility to the customer.
(1) Extension of due date to next business day. If the last day for payment falls on a Saturday, Sunday, bank holiday or other day when the offices of the public utility which regularly receive payments are not open to the general public, the due date shall be extended to the next business day.
(2) Date of payment by mail. For a remittance by mail, one or more of the following applies:
(i) Payment shall be deemed to have been made on the date of the postmark.
(ii) The public utility may not impose a late payment charge unless payment is received more than 5 days after the due date.
(3) Branch offices or authorized payment agents. The effective date of payment to a branch office or authorized payment agent, unless payment is made by mail under paragraph (2), is the date of actual receipt of payment at that location.
(4) Electronic transmission. The effective date of a payment electronically transmitted to a public utility is the date of actual receipt of payment.
(5) Fees. Fees or charges assessed and collected by the public utility for utilizing a payment option must be included in the public utilitys tariff on file at the Commission.
(6) Multiple notifications. When a public utility advises a customer of a balance owed by multiple notices or contacts which contain different due dates, the date on or before which payment is due shall be the latest due date contained in any of the notices.
Authority The provisions of this § 56.271 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.271 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial page (359031).
Cross References The provisions of this § 56.272 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.272 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial page (359032).
Cross References This section cited in 52 Pa. Code § 56.265 (relating to billing information); and 52 Pa. Code § 56.411 (relating to duties of parties: disputing partys duty to pay undisputed portion of bills; public utilitys duty to pay interest whenever over payment found).
§ 56.273. Application of partial payments between public utility and other service.
Payments received by a public utility without written instructions that they be applied to merchandise, appliances, special services, meter testing fees or other nonbasic charges and which are insufficient to pay the balance due for the items plus amounts billed for basic public utility service shall first be applied to the basic charges for residential public utility service.
Authority The provisions of this § 56.273 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.273 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial page (359032).
§ 56.274. Application of partial payments among several bills for public utility service.
In the absence of written instructions, a disputed bill or payment agreement, payments received by a public utility which are insufficient to pay a balance due both for prior service and for service billed during the current billing period shall first be applied to the balance due for prior service.
Authority The provisions of this § 56.274 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.275 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.275 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial pages (359032) to (359033).
Subchapter N. CREDIT AND DEPOSITS STANDARDS POLICY
PROCEDURES FOR APPLICANTS Sec.
56.281. Policy statement.
56.282. Credit standards.
56.283. Cash deposits; third-party guarantors.
56.284. Deposits for temporary service.
56.285. Payment of outstanding balance.
56.286. Written procedures.
56.287. General rule.
56.288. Payment period for deposits by applicants.
PROCEDURES FOR EXISTING CUSTOMERS
56.291. General rule.
56.292. Payment period for deposits by customers.
CASH DEPOSITS
56.301. Amount of cash deposit.
56.302. Deposit hold period and refund.
56.303. Application of deposit to bills.
56.304. Periodic review.
56.305. Refund statement.
56.306. Interest rate.
56.307. Application of interest.
Authority The provisions of this Subchapter N issued under the Public Utility Code, 66 Pa.C.S. § § 14011419, unless otherwise noted.
Source The provisions of this Subchapter N adopted October 7, 2011, effective October 8, 2011, 41 Pa.B. 5473, unless otherwise noted.
Cross References This subchapter cited in 52 Pa. Code § 56.1 (relating to statement of purpose and policy); 52 Pa. Code § 56.251 (relating to statement of purpose and policy); and 52 Pa. Code § 56.252 (relating to definitions).
PROCEDURES FOR APPLICANTS
§ 56.281. Policy statement.
An essential ingredient of the credit and deposit policies of each public utility shall be the equitable and nondiscriminatory application of those precepts to potential and actual customers throughout the service area without regard to the economic character of the area or any part thereof. Deposit policies must be based upon the credit risk of the individual applicant or customer rather than the credit history of the affected premises or the collective credit reputation or experience in the area in which the applicant or customer lives and without regard to race, age over 18 years of age, National origin, marital status, color, religious creed, ancestry, union membership, gender, sexual orientation, gender identity or expression, AIDS or HIV status, or disability.
Authority The provisions of this § 56.281 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.282 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.282 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial pages (359034) to (359035).
Cross References This section cited in 52 Pa. Code § 56.283 (relating to cash deposits; third-party guarantors); and 52 Pa. Code § 56.302 (relating to deposit hold period and refund).
§ 56.283. Cash deposits; third-party guarantors.
If an applicant does not establish credit under § 56.282 (relating to credit standards), the public utility shall provide residential service when one of the following requirements is satisfied:
(1) Cash deposit. The applicant posts a cash deposit.
(2) Third-party guarantor. The applicant furnishes a written guarantee from a responsible customer which, for the purposes of this section, means a customer who has or can establish credit, under § 56.282, to secure payment in an amount equal to that required for cash deposits.
(i) A guarantee must be in writing and state the terms of the guarantee.
(ii) The guarantor shall be discharged when the applicant has met the terms and conditions which apply under § § 56.302 and 56.303 (relating to deposit hold period and refund; and application of deposit to bills).
Authority The provisions of this § 56.283 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.283 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial page (359035).
Cross References This section cited in 52 Pa. Code § 56.286 (relating to written procedures); and 52 Pa. Code § 56.302 (relating to deposit hold period and refund).
§ 56.284. Deposits for temporary service.
The provisions of this § 56.285 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.285 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial pages (359035) to (359036).
Cross References The provisions of this § 56.286 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.286 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial pages (359036) to (359037).
§ 56.287. General rule.
Once an applicants application for service is accepted by the public utility, the public utility shall make a bona fide attempt to provide service within 3 business days, provided that the applicant has met all regulatory requirements. A longer time frame is permissible with the consent of the applicant. If the investigation and determination of credit status is expected to take or in fact takes longer than 3 business days commencing the date after the application is made, the public utility shall provide service pending completion of the investigation. If the public utility cannot provide service by the time frames specified in this section, the public utility shall inform the customer of this fact and provide a reasonable estimate of when service will be provided. These requirements do not apply to new service installations and service extensions that require construction of facilities to provide the public utility service.
Authority The provisions of this § 56.287 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.287 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial page (359037).
§ 56.288. Payment period for deposits by applicants.
The due date for payment of a deposit or an installment payment toward a deposit, other than an initial installment or a deposit required as a condition for the reconnection of service under § 56.291(2) (relating to general rule) may not be less than 21 days from the date of mailing or service on the applicant of notification of the amount due. An applicant may elect to pay any required deposits in three installments: 50% payable upon the determination by the public utility that the deposit is required, 25% payable 30 days after the determination and 25% payable 60 days after the determination. A public utility shall advise an applicant of the option to pay the requested security deposit in installments at the time the deposit is requested. If the applicant chooses to pay the deposit in installments, installment payments must be paid in full by the due date. Failure to pay an installment by the due date is grounds for termination of service as provided in § 56.321 (relating to authorized termination of service). The applicant retains the option to pay the deposit amount in full anytime before the due date regardless of any deposit installments previously paid.
Authority The provisions of this § 56.288 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.288 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial page (359037).
PROCEDURES FOR EXISTING CUSTOMERS
§ 56.291. 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 § 56.264 (relating to previously unbilled public utility service), under the following conditions:
(A) The public utility has complied with § 56.264. Compliance with a payment agreement 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.
(3) Failure to comply with payment agreement. 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 agreement.
(4) Cash deposit prohibition. 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 utilitys customer assistance programs.
Authority The provisions of this § 56.291 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.291 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial pages (359037) to (359038).
Cross References This section cited in 52 Pa. Code § 56.288 (relating to payment period for deposits by applicants); 52 Pa. Code § 56.292 (relating to payment period for deposits by customers); 52 Pa. Code § 56.302 (relating to deposit hold period and refund); and 52 Pa. Code § 56.323 (relating to unauthorized termination of service).
§ 56.292. Payment period for deposits by customers.
The due date for payment of a deposit or any installment payment toward a deposit, other than a deposit required as a condition for the reconnection of service under § 56.291(2) (relating to general rule), may not be less than 21 days from the date of mailing or service on the customer of notification of the amount due. A customer may elect to pay a required deposit in three installments: 50% payable upon the determination by the public utility that the deposit is required, 25% payable 30 days after the determination and 25% payable 60 days after the determination. A public utility shall advise a customer of the option to pay the requested security deposit in installments at the time the deposit is requested. If the customer chooses to pay the deposit in installments, installment payments must be paid in full by the due date. Failure to pay an installment by the due date is grounds for termination of service as provided in § 56.321 (relating to authorized termination of service). The customer retains the option to pay the deposit amount in full before the due date regardless of any deposit installments previously paid.
Authority The provisions of this § 56.292 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.292 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial page (359038).
CASH DEPOSITS
§ 56.301. Amount of cash deposit.
(a) Applicants. A public utility may not require a cash deposit from an applicant in excess of the average estimated bill of the applicant for a period equal to one billing period plus 1 additional months service, not to exceed 4 months in the case of water and wastewater utilities and 2 months in the case of gas, electric and steam heat utilities, with a minimum deposit of $5.
(b) Existing customer. For an existing customer, the cash deposit may not exceed the estimated charges for service based on the prior consumption of that customer for the class of service involved for a period equal to one average billing period plus 1 average month, not to exceed 4 months in the case of wastewater utilities and 2 months in the case of gas and steam heat utilities, with a minimum of $5.
(c) Adjustment of deposits. The amount of a cash deposit may be adjusted at the request of the customer or the public utility whenever the character or degree of the usage of the customer has materially changed or when it is clearly established that the character or degree of service will materially change in the immediate future.
Authority The provisions of this § 56.301 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.302 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.302 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial page (359039).
Cross References This section cited in 52 Pa. Code § 56.283 (relating to cash deposits; third-party guarantors); and 52 Pa. Code § 56.304 (relating to periodic review).
§ 56.303. Application of deposit to bills.
The customer may elect to have a deposit applied to reduce bills for public utility service or to receive a cash refund.
Authority The provisions of this § 56.303 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.303 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial page (359040).
Cross References This section cited in 52 Pa. Code § 56.283 (relating to cash deposits; third-party guarantors); and 52 Pa. Code § 56.304 (relating to periodic review).
§ 56.304. Periodic review.
If a customer is not entitled to refund under § 56.302 (relating to deposit hold period and refund), the public utility shall review the account of the customer each succeeding billing period and make appropriate disposition of the deposit in accordance with § 56.302 and § 56.303 (relating to application of deposit to bills).
Authority The provisions of this § 56.304 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.304 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial page (359040).
§ 56.305. Refund statement.
If a cash deposit is applied or refunded, the public utility shall mail or deliver to the customer a written statement showing the amount of the original deposit plus accrued interest, the application of the deposit to a bill which had previously accrued, the amount of unpaid bills liquidated by the deposit and the remaining balance.
Authority The provisions of this § 56.305 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.305 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial page (359040).
§ 56.306. Interest rate.
The public utility shall accrue interest on the deposit until it is returned or credited.
(1) Interest shall be computed at the simple annual interest rate determined by the Secretary of Revenue for interest on the underpayment of tax under section 806 of The Fiscal Code (72 P.S. § 806).
(2) The interest rate in effect when deposit is required to be paid shall remain in effect until the date the deposit is refunded or credited, or December 31, whichever is later. A deposit initially accrues interest at the interest rate in effect at the time the deposit was required. This interest rate remains in effect until the end of the calendar year.
(3) On January 1 of each year, the new interest rate for that year will apply to the deposit. The new interest rate will be applied to the deposit for the calendar year starting January 1 until December 31 of that same year. Revised interest rates are calculated every subsequent January 1 and applied to the deposit until the deposit is refunded or applied to the account.
Authority The provisions of this § 56.306 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.306 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial page (359040).
§ 56.307. Application of interest.
Interest shall be paid annually to the customer, or, at the option of either the utility or the customer, shall be applied to service bills.
Subchapter O. INTERRUPTION AND DISCONTINUANCE OF SERVICE
Sec.
56.311. Interruption of service.
56.312. Discontinuance of service.
Authority The provisions of this Subchapter O issued under the Public Utility Code, 66 Pa.C.S. § § 14011419, unless otherwise noted.
Source The provisions of this Subchapter O adopted October 7, 2011, effective October 8, 2011, 41 Pa.B. 5473, unless otherwise noted.
Cross References This subchapter cited in 52 Pa. Code § 56.1 (relating to statement of purpose and policy); 52 Pa. Code § 56.251 (relating to statement of purpose and policy); and 52 Pa. Code § 56.252 (relating to definitions).
§ 56.311. Interruption of service.
A public utility may temporarily interrupt service when necessary to effect repairs or maintenance; to eliminate an imminent threat to life, health, safety or substantial property damage; or for reasons of local, State or National emergency.
(1) Interruption with prior notice. When the public utility knows in advance of the circumstances requiring the service interruption, prior notice of the cause and expected duration of the interruption shall be given to customers and occupants who may be affected.
(2) Interruption without prior notice. When service is interrupted due to unforeseen circumstances, notice of the cause and expected duration of the interruption shall be given as soon as possible to customers and occupants who may be affected.
(3) Notification procedures. When customers and occupants are to be notified under this section, the public utility shall take reasonable steps, such as personal contact, phone contact and use of the mass media, to notify affected customers and occupants of the cause and expected duration of the interruption.
(4) Permissible duration. Service may be interrupted for only the periods of time necessary to protect the health and safety of the public, to protect property or to remedy the situation which necessitated the interruption. Service shall be resumed as soon as possible thereafter.
Authority The provisions of this § 56.311 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.311 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial page (359041).
Cross References The provisions of this § 56.312 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.312 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial pages (359041) to (359042).
Cross References This section cited in 52 Pa. Code § 56.252 (relating to definitions); 52 Pa. Code § 56.267 (relating to advance payments); and 52 Pa. Code § 56.333 (relating to personal contact).
Subchapter P. TERMINATION OF SERVICE
GROUNDS FOR TERMINATION Sec.
56.321. Authorized termination of service.
56.322. Timing of termination.
56.323. Unauthorized termination of service.
NOTICE PROCEDURES PRIOR TO TERMINATION
56.331. General notice provisions and contents of termination notice.
56.332. Notice when dispute pending.
56.333. Personal contact.
56.334. Procedures immediately prior to termination.
56.335. Deferred termination when no prior contact.
56.336. Post-termination notice.
56.337. Procedures upon customer or occupant contact prior to termination.
56.338. Exception for terminations based on occurrences harmful to person or property.
56.339. Use of termination notice solely as collection device prohibited.
56.340. Winter termination procedures.
EMERGENCY PROVISIONS
56.351. General provision.
56.352. Postponement of termination pending receipt of certificate.
56.353. Medical certifications.
56.354. Length of postponement; renewals.
56.355. Restoration of service.
56.356. Duty of customer to pay bills.
56.357. Termination upon expiration of medical certification.
56.358. Right of public utility to petition the Commission.
THIRD-PARTY NOTIFICATION
56.361. Third-party notification.
Authority The provisions of this Subchapter P issued under the Public Utility Code, 66 Pa.C.S. § § 14011419, unless otherwise noted.
Source The provisions of this Subchapter P adopted October 7, 2011, effective October 8, 2011, 41 Pa.B. 5473, unless otherwise noted.
Cross References This subchapter cited in 52 Pa. Code § 56.1 (relating to statement of purpose and policy); 52 Pa. Code § 56.251 (relating to statement of purpose and policy); and 52 Pa. Code § 56.252 (relating to definitions).
GROUNDS FOR TERMINATION
§ 56.321. Authorized termination of service.
Public utility service to a dwelling may be terminated for one or more of the following reasons:
(1) Nonpayment of an undisputed delinquent account.
(2) Failure to post a deposit, provide a guarantee or establish credit.
(3) Unreasonable refusal to permit access to meters, service connections and other property of the public utility for the purpose of maintenance, repair or meter reading.
(4) Unauthorized use of the public utility service delivered on or about the affected dwelling.
(5) Failure to comply with the material terms of a payment agreement.
(6) Fraud or material misrepresentation of identity for the purpose of obtaining public utility service.
(7) Tampering with meters or other public utility equipment.
(8) Violating tariff provisions on file with the Commission so as to endanger the safety of a person or the integrity of the energy delivery system of the public utility.
Authority The provisions of this § 56.321 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.321 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial pages (359043) to (359044).
Cross References This section cited in 52 Pa. Code § 56.288 (relating to payment period for deposits by applicants); 52 Pa. Code § 56.292 (relating to payment period for deposits by customers); 52 Pa. Code § 56.358 (relating to right of public utility to petition the Commission); and 52 Pa. Code Chapter 56 Appendix D (relating to definitions (§ 56.231(d)).
§ 56.322. Timing of termination.
Except in emergencieswhich include unauthorized use of public utility serviceservice may not be terminated, for nonpayment of charges or for any other reason, during the following periods:
(1) On Friday, Saturday or Sunday.
(2) On a bank holiday or on the day preceding a bank holiday.
(3) On a holiday observed by the public utility or on the day preceding the holiday. A holiday observed by a public utility means any day on which the business office of the public utility is closed to observe a legal holiday, to attend public utility meetings or functions or for any other reason.
(4) On a holiday observed by the Commission or on the day preceding the holiday.
Authority The provisions of this § 56.322 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.322 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial page (359044).
Cross References The provisions of this § 56.323 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.323 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial pages (359044) to (359045).
Cross References This section cited in 52 Pa. Code § 56.263 (relating to billings for merchandise, appliances and nonrecurring and recurring services); and 52 Pa. Code § 56.358 (relating to right of public utility to petition the Commission).
NOTICE PROCEDURES PRIOR TO TERMINATION
§ 56.331. General notice provisions and contents of termination notice.
(a) Prior to a termination of service, the public utility shall mail or deliver written notice to the customer at least 10 days prior to the date of the proposed termination. In the event of a user without contract as defined in § 56.252 (relating to definitions), the public utility shall comply with § § 56.33356.337, but does not need to 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 agreement 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 agreement is received.
(5) 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 agreements may be negotiated and entered into with the public utility, and where applications can be found and submitted for enrollment into the public utilitys universal service programs, if these programs are offered by the public utility.
(6) 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 (800) 692-7380 or write to the Pennsylvania Public Utility Commission, P.O. Box 3265, Harrisburg, Pennsylvania 17105-3265.
(7) A medical certificate notice in compliance with the form in Appendix A (relating to medical emergency notice) except that, for the purpose of § 56.336 (relating to post-termination notice), the notice must comply with the form in Appendix B (relating to medical emergency notice).
(8) 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.
(9) Information indicating that special protections are available for victims under a protection from abuse order or who have 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.
(10) 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.
(11) 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.
(12) 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.
(13) 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 utilitys service territory are using that language.
(14) Contact information for customers with disabilities that need assistance.
Authority The provisions of this § 56.331 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.331 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial pages (359045) to (359047).
Cross References This section cited in 52 Pa. Code § 56.261 (relating to billing frequency); 52 Pa. Code § 56.266 (relating to transfer of accounts); 52 Pa. Code § 56.336 (relating to post-termination notice); 52 Pa. Code § 56.340 (relating to winter termination procedures); 52 Pa. Code § 56.357 (relating to termination upon expiration of medical certification); 52 Pa. Code § 56.358 (relating to right of public utility to petition the Commission); and 52 Pa. Code § 56.393 (relating to termination pending resolution of the dispute).
§ 56.332. 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 § 56.332 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.332 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial page (359047).
Cross References The provisions of this § 56.333 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.333 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial pages (359047) to (359048).
Cross References This section cited in 52 Pa. Code § 56.261 (relating to billing frequency); 52 Pa. Code § 56.266 (relating to transfer of accounts); 52 Pa. Code § 56.331 (relating to general notice provisions and contents of termination notice); 52 Pa. Code § 56.340 (relating to winter termination procedures); 52 Pa. Code § 56.357 (relating to termination upon expiration of medical certification); 52 Pa. Code § 56.358 (relating to right of public utility to petition the Commission); and 52 Pa. Code § 56.393 (relating to termination pending resolution of the dispute).
§ 56.334. 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.
Authority The provisions of this § 56.334 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.334 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial pages (359048) to (359049).
Cross References This section cited in 52 Pa. Code § 56.261 (relating to billing frequency); 52 Pa. Code § 56.266 (relating to transfer of accounts); 52 Pa. Code § 56.331 (relating to general notice provisions and contents of termination notice); 52 Pa. Code § 56.335 (relating to deferred termination when no prior contact); 52 Pa. Code § 56.340 (relating to winter termination procedures); 52 Pa. Code § 56.357 (relating to termination upon expiration of medical certification); 52 Pa. Code § 56.358 (relating to right of public utility to petition the Commission); and 52 Pa. Code § 56.393 (relating to termination pending resolution of the dispute).
§ 56.335. Deferred termination when no prior contact.
If a prior contact has not been made with a responsible adult occupant either at the residence of the customer, as required under § 56.334 (relating to procedures immediately prior to termination) or at the affected dwelling, the employee may not terminate service but shall conspicuously post a termination notice at the residence of the customer and the affected dwelling, advising that service will be disconnected not less than 48 hours from the time and date of posting.
Cross References This section cited in 52 Pa. Code § 56.261 (relating to billing frequency); 52 Pa. Code § 56.266 (relating to transfer of accounts); 52 Pa. Code § 56.331 (relating to general notice provisions and contents of termination notice); 52 Pa. Code § 56.340 (relating to winter termination procedures); 52 Pa. Code § 56.357 (relating to termination upon expiration of medical certification); 52 Pa. Code § 56.358 (relating to right of public utility to petition the Commission); and 52 Pa. Code § 56.393 (relating to termination pending resolution of the dispute).
§ 56.336. Post-termination notice.
When service is actually terminated, notice that reflects the requirements in § 56.331 (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 delivered to a responsible adult occupant at the residence of the customer or conspicuously posted at the affected premises.
Cross References This section cited in 52 Pa. Code § 56.261 (relating to billing frequency); 52 Pa. Code § 56.266 (relating to transfer of accounts); 52 Pa. Code § 56.331 (relating to general notice provisions and contents of termination notice); 52 Pa. Code § 56.357 (relating to termination upon expiration of medical certification); 52 Pa. Code § 56.358 (relating to right of public utility to petition the Commission); and 52 Pa. Code § 56.393 (relating to termination pending resolution of the dispute).
§ 56.337. 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 the following:
(1) The reasons for the proposed termination.
(2) The 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 agreement.
(iii) Paying what is past-due on the most recent previous company negotiated or Commission payment agreement.
(3) Information about the public utilitys 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 agreement or otherwise equitably resolve the matter. Factors to be taken into account when attempting to enter into a reasonable informal dispute settlement agreement or payment agreement 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 agreements for heating customers shall be based upon budget billing as determined under § 56.262(8) (relating to meter reading; estimated billing; customer readings). If a payment agreement 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 § 56.337 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.337 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial pages (359050) to (359051).
Cross References This section cited in 52 Pa. Code § 56.261 (relating to billing frequency); 52 Pa. Code § 56.266 (relating to transfer of accounts); 52 Pa. Code § 56.267 (relating to advance payments); 52 Pa. Code § 56.312 (relating to discontinuance of service); 52 Pa. Code § 56.331 (relating to general notice provisions and contents of termination notice); 52 Pa. Code § 56.358 (relating to right of public utility to petition the Commission); and 52 Pa. Code § 56.393 (relating to termination pending resolution of the dispute).
§ 56.338. Exception for terminations based on occurrences harmful to person or property.
Notwithstanding any other provision of this chapter, when a service termination is based on an occurrence which endangers the safety of any person or may prove harmful to the energy delivery system of the public utility, the public utility may terminate service without written notice so long as the public utility reasonably believes grounds to exist. At the time of termination, the public utility shall make a bona fide attempt to deliver a notice of termination to a responsible adult occupant at the affected premises and, in the case of a single meter, multiunit dwelling, shall conspicuously post the notice at the dwelling, including common areas when permissible.
Authority The provisions of this § 56.338 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.338 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial page (359051).
Cross References This section cited in 52 Pa. Code § 56.261 (relating to billing frequency); 52 Pa. Code § 56.266 (relating to transfer of accounts); 52 Pa. Code § 56.333 (relating to personal contact); 52 Pa. Code § 56.340 (relating to winter termination procedures); 52 Pa. Code § 56.358 (relating to right of public utility to petition the Commission); and 52 Pa. Code § 56.393 (relating to termination pending resolution of the dispute); and 52 Pa. Code Chapter 56 Appendix D (relating to definitions (§ 56.231(d)).
§ 56.339. 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 § 56.339 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.339 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial page (359051).
Cross References The provisions of this § 56.340 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.340 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial pages (359051) to (359053).
EMERGENCY PROVISIONS
§ 56.351. General provision.
A public utility may not terminate service, or refuse to restore service, to a premises when a licensed physician, nurse practitioner or physician assistant has certified that the customer or an applicant seeking reconnection of previously terminated service under § 56.421 (relating to payment and timing) or a member of the customers or applicants household is seriously ill or afflicted with a medical condition that will be aggravated by cessation of service. The customer or applicant shall obtain a letter from a licensed physician, nurse practitioner or physician assistant 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 listed in this section.
Authority The provisions of this § 56.351 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.351 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial page (359053).
Cross References This section cited in 52 Pa. Code § 56.355 (relating to restoration of service).
§ 56.352. 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 when it was suspended.
Authority The provisions of this § 56.352 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.352 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial page (359053).
Cross References The provisions of this § 56.353 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.353 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial page (359054).
Cross References The provisions of this § 56.354 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.354 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial page (359054).
Cross References This section cited in 52 Pa. Code § 56.355 (relating to restoration of service).
§ 56.355. Restoration of service.
When service is required to be restored under this section and § § 56.351, 56.354, 56.35656.358 and 56.421, 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 § 56.355 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.355 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial page (359054).
§ 56.356. 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 § 56.262(8) (relating to meter reading; estimated billing; customer readings).
Authority The provisions of this § 56.356 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.356 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial page (359055).
Cross References This section cited in 52 Pa. Code § 56.354 (relating to length of postponement; renewals); 52 Pa. Code § 56.355 (relating to restoration of service); and 52 Pa. Code § 56.358 (relating to right of public utility to petition the Commission).
§ 56.357. 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 § 56.331 (relating to general notice provisions and contents of termination notice). The public utility shall comply with § § 56.33356.336.
Authority The provisions of this § 56.357 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.357 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial page (359055).
Cross References The provisions of this § 56.358 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.358 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial pages (359055) to (359056).
Cross References This section cited in 52 Pa. Code § 56.354 (relating to length of postponement; renewals); and 52 Pa. Code § 56.355 (relating to restoration of service).
THIRD-PARTY NOTIFICATION
§ 56.361. 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 customers 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 customers 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 as set forth in Appendix E (relating to third-party notification).
Authority The provisions of this § 56.361 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.361 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial page (359056).
Subchapter Q. DISPUTES; TERMINATION DISPUTES; INFORMAL AND FORMAL COMPLAINTS
GENERAL PROVISIONS Sec.
56.371. Follow-up response to inquiry.
56.372. Dispute procedures.
56.373. Time for filing an informal complaint.
56.374. Effect of failure to timely file an informal complaint.
PUBLIC UTILITY COMPANY DISPUTE PROCEDURES
56.381. General rule.
56.382. Contents of the public utility company report.
INFORMAL COMPLAINT PROCEDURES
56.391. Informal complaint filing procedures.
56.392. Commission informal complaint procedure.
56.393. Termination pending resolution of the dispute.
56.394. Conference procedures.
FORMAL COMPLAINTS
56.401. General rule.
56.402. Filing.
56.403. Review from informal complaint decisions of the Bureau of Consumer Services.
56.404. Ability to pay proceedings.
PAYMENT OF BILLS PENDING RESOLUTION OF
DISPUTES AND COMPLAINTS
56.411. Duties of parties: disputing partys duty to pay undisputed portion of bills; public utilitys duty to pay interest whenever overpayment found.
Authority The provisions of this Subchapter Q issued under the Public Utility Code, 66 Pa.C.S. § § 14011419, unless otherwise noted.
Source The provisions of this Subchapter Q adopted October 7, 2011, effective October 8, 2011, 41 Pa.B. 5473, unless otherwise noted.
Cross References This subchapter cited in 52 Pa. Code § 56.1 (relating to statement of purpose and policy); 52 Pa. Code § 56.251 (relating to statement of purpose and policy); and 52 Pa. Code § 56.252 (relating to definitions).
GENERAL PROVISIONS
§ 56.371. Follow-up response to inquiry.
When a customer is waiting for a follow-up response to an initial inquiry under § 56.252 (relating to definitions), termination or threatening termination of service, for the subject matter relating to the inquiry in question, shall be prohibited until the follow-up response and, when applicable, subsequent dispute resolution is completed by the public utility.
Authority The provisions of this § 56.371 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.371 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial page (359057).
§ 56.372. Dispute procedures.
A notice of dispute, including termination disputes, must proceed, according to this section:
(1) Attempted resolution. If, at any time prior to the actual termination of service, a customer advises the public utility that the customer disputes any matter covered by this chapter, including, but not limited to, credit determinations, deposit requirements, the accuracy of public utility metering or billing or the proper party to be charged, the public utility shall attempt to resolve the dispute in accordance with § 56.381 (relating to general rule).
(2) Termination stayed. Except as otherwise provided in this chapter, when a termination dispute or complaint has been properly filed in accordance with this subchapter, termination shall be prohibited until resolution of the dispute or complaint. However, the disputing party shall pay undisputed portions of the bill.
Authority The provisions of this § 56.372 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.372 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial page (359058).
Cross References This section cited in 52 Pa. Code § 56.266 (relating to transfer of accounts).
§ 56.373. Time for filing an informal complaint.
To be timely filed, an informal complaintwhich may not include disputes under § § 56.285 and 56.421 (relating to payment of outstanding balance; and payment and timing)shall be filed prior to the day on which the public utility arrives to terminate service. If the public utility arrives to terminate service and posts a deferred termination notice in lieu of termination or otherwise fails to terminate service, the time for filing an informal complaint shall be extended until the end of the business day prior to the public utility again arriving to terminate service.
Authority The provisions of this § 56.373 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.373 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial page (359058).
Cross References This section cited in 52 Pa. Code § 56.266 (relating to transfer of accounts).
§ 56.374. Effect of failure to timely file an informal complaint.
Failure to timely file an informal complaint, except for good cause, shall constitute a waiver of applicable rights to retain service without complying with the termination notice or conference report of the public utility.
Authority The provisions of this § 56.374 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.374 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial page (359058).
Cross References This section cited in 52 Pa. Code § 56.266 (relating to transfer of accounts).
PUBLIC UTILITY COMPANY DISPUTE PROCEDURES
§ 56.381. General rule.
Upon initiation of a dispute covered by this section, the public utility shall:
(1) Not issue a termination notice based on the disputed subject matter.
(2) Investigate the matter using methods reasonable under the circumstances, which may include telephone or personal conferences, or both, with the customer or occupant.
(3) Make a diligent attempt to negotiate a reasonable payment agreement if the customer or occupant claims a temporary inability to pay an undisputed bill. Factors which shall be considered in the negotiation of a payment agreement include, but are not limited to:
(i) The size of the unpaid balance.
(ii) The ability of the customer to pay.
(iii) The payment history of the customer.
(iv) The length of time over which the bill accumulated.
(4) Provide the customer or occupant with the information necessary for an informed judgment, including, but not limited to, relevant portions of tariffs, statements of account and results of meter tests.
(5) Within 30 days of the initiation of the dispute, issue its report to the complaining party. The public utility shall inform the complaining party that the report is available upon request.
(i) If the complainant is not satisfied with the dispute resolution, the public utility company report must be in writing and conform to § 56.382 (relating to contents of the public utility company report). Further, in these instances, the written report shall be sent to the complaining party if requested or if the public utility deems it necessary.
(ii) If the complaining party is satisfied with the orally conveyed dispute resolution, the written public utility company report may be limited to the information in § 56.382(1) and (2) and, when applicable, § 56.382(7)(ii) or (8)(ii).
(iii) The information and documents required under this subsection may be electronically provided to the complaining party as long as the complaining party has the ability to accept electronic documents and consents to receiving them electronically.
Authority The provisions of this § 56.381 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.381 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial pages (359058) to (359059).
Cross References The provisions of this § 56.382 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.382 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial pages (359059) to (359060).
Cross References This section cited in 52 Pa. Code § 56.340 (relating to winter termination procedures); 52 Pa. Code § 56.354 (relating to length of postponement; renewals); 52 Pa. Code § 56.358 (relating to right of public utility to petition the Commission); and 52 Pa. Code § 56.381 (relating to general rule).
INFORMAL COMPLAINT PROCEDURES
§ 56.391. Informal complaint filing procedures.
An informal complaint may be filed orally or in writing and must include the following information:
(1) The name and address of the complainant and, if different, the address at which service is provided.
(2) The telephone number of the complainant.
(3) The account number of the complainant, if applicable.
(4) The name of the public utility.
(5) A brief statement of the dispute.
(6) Whether the dispute formerly has been the subject of a public utility company investigation and report.
(7) Whether the dispute formerly has been the subject of a Commission informal or formal complaint.
(8) The date, if any, of proposed termination.
(9) The relief sought.
Authority The provisions of this § 56.391 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.391 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial pages (359060) to (395061).
Cross References The provisions of this § 56.392 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.392 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial pages (359061) to (359062).
Cross References This section cited in 52 Pa. Code § 56.340 (relating to winter termination procedures); and 52 Pa. Code § 56.394 (relating to conference procedures).
§ 56.393. Termination pending resolution of the dispute.
In any case alleging unauthorized use of public utility service, as defined in § 56.252 (relating to definitions), or the customers failure to pay undisputed bills as required under § 56.411 (relating to duties of parties: disputing partys duty to pay undisputed portion of bills; public utilitys duty to pay interest whenever overpayment found), a public utility may terminate service after giving proper notice in accordance with § § 56.33156.338, whether or not a dispute is pending.
Authority The provisions of this § 56.393 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.393 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial page (359062).
Cross References This section cited in 52 Pa. Code § 56.340 (relating to winter termination procedures); and 52 Pa. Code § 56.394 (relating to conference procedures).
§ 56.394. Conference procedures.
Conferences held under § § 56.39156.393 (relating to informal complaint filing procedures; Commission informal complaint procedure; and termination pending resolution of the dispute) and this section will be informal and may be held by conference telephone call, when appropriate. If the parties are to be present, the conferences will take place within reasonable proximity to the situs of the complaint.
Cross References This section cited in 52 Pa. Code § 56.340 (relating to winter termination procedures).
FORMAL COMPLAINTS
§ 56.401. General rule.
Except as otherwise provided in this chapter, formal complaint proceedings will proceed according to the rules and regulations of the Commission governing complaint proceedings.
Cross References This section cited in 52 Pa. Code § 56.340 (relating to winter termination procedures); and 52 Pa. Code § 56.392 (relating to Commission informal complaint procedure).
§ 56.402. Filing.
(a) A request for review of the decision of the Bureau of Consumer Services (BCS) shall be initiated in writing within 20 days of issuance.
(b) Upon receipt of a request for review of the decision of the BCS, the Secretary of the Commission will mail a formal complaint form to the requesting person.
(c) Within 30 days of the mailing of the formal complaint form, the party requesting review of the decision of the BCS shall file the completed complaint form with the Secretary.
(d) Upon the filing of a formal complaint within the 30-day period and not thereafter except for good cause shown, there will be an automatic stay of the informal complaint decision.
(e) The failure to request review of the BCS decision by filing a formal complaint within the 30-day period does not foreclose a party from filing a formal complaint at a later time except as otherwise may be provided in 66 Pa.C.S. (relating to Public Utility Code).
Cross References The provisions of this § 56.403 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.403 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial pages (359063) to (359064).
Cross References The provisions of this § 56.404 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.404 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial page (359064).
Cross References This section cited in 52 Pa. Code § 56.392 (relating to Commission informal complaint procedure).
PAYMENT OF BILLS PENDING RESOLUTION OF
DISPUTES AND COMPLAINTS
§ 56.411. Duties of parties: disputing partys duty to pay undisputed portion of bills; public utilitys duty to pay interest whenever overpayment found.
Pending resolution of a dispute, including a termination dispute, the disputing party shall be required to pay the undisputed portion of bills, as described in this section.
(1) Pending informal complaint. Pending the outcome of an informal complaint, the disputing party shall be obligated to pay that portion of a bill which is not honestly disputed. An amount ultimately determined, by the parties or the Commission, to have been validly due but not paid may be paid with interest at the tariff rate filed under § 56.272 (relating to accrual of late payment charges) except when interest charges have been reduced or eliminated by the parties or the Commission to facilitate payment by the disputing party.
(2) Pending formal complaint. Prior to the hearing on a formal complaint or prior to the issuance of a Commission order when no hearing is to be held in a formal complaint proceeding, the customer shall be required to pay that amount which the consumer services representative determines is not disputed.
(3) Overpayments reimbursed with interest. An amount ultimately determined to have been overpaid by the disputing party shall be reimbursed with interest at the tariff rate filed under § 56.272.
(4) Effect of offer of payment. An offer by a customer to pay all or any portion of a bill may not be deemed a waiver of a right to reimbursement for amounts subsequently deemed, by the parties or the Commission, to have been overpaid.
(5) Effect of acceptance of partial payment. The acceptance by a public utility of a partial payment for a bill pending final outcome of a dispute may not be deemed an accord and satisfaction or waiver of the right of the public utility to payment in full as subsequently agreed to by the parties or decided by the Commission.
Authority The provisions of this § 56.411 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.411 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial page (359065).
Cross References This section cited in 52 Pa. Code § 56.262 (relating to meter reading; estimated billing; customer readings); and 52 Pa. Code § 56.393 (relating to termination pending resolution of the dispute).
Subchapter R. RESTORATION OF SERVICE
Sec.
56.421. Payment and timing.
56.422. Personnel available to restore service.
Authority The provisions of this Subchapter R issued under the Public Utility Code, 66 Pa.C.S § § 14011419, unless otherwise noted.
Source The provisions of this Subchapter R adopted October 7, 2011, effective October 8, 2011, 41 Pa.B. 5473, unless otherwise noted.
Cross References The provisions of this § 56.421 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.421 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial pages (359066) to (359067).
Cross References This section cited in 52 Pa. Code § 56.351 (relating to general provision); 52 Pa. Code § 56.355 (relating to restoration of service); 52 Pa. Code § 56.373 (relating to time for filing an informal complaint); and 52 Pa. Code § 56.422 (relating to personnel available to restore service).
§ 56.422. Personnel available to restore service.
A public utility shall have adequate personnel available between 9 a.m. and 5 p.m. on each working day or for a commensurate period of 8 consecutive hours to restore service when required under this chapter, specifically § § 56.322 and 56.421 (relating to timing of termination; and payment and timing).
Authority The provisions of this § 56.422 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.422 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial page (359067).
Subchapter S. PUBLIC INFORMATION PROCEDURES; RECORD MAINTENANCE
Sec.
56.431. Public information.
56.432. Record maintenance.
Authority The provisions of this Subchapter S issued under the Public Utility Code, 66 Pa.C.S. § § 14011419, unless otherwise noted.
Source The provisions of this Subchapter S adopted October 7, 2011, effective October 8, 2011, 41 Pa.B. 5473, unless otherwise noted.
Cross References The provisions of this § 56.431 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.431 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial page (359068).
§ 56.432. Record maintenance.
A public utility shall preserve for a minimum of 4 years written or recorded disputes and complaints, keep the records accessible within this Commonwealth at an office located in the territory served by it, and make the records available for examination by the Commission or its staff. Information to be maintained includes the following:
(1) The payment performance of each of its customers.
(2) The number of payment agreements made by the public utility company and a synopsis of the terms, conditions and standards upon which agreements were made.
(3) The number of service terminations and reconnections.
(4) Communications to or from individual customers regarding interruptions, discontinuances, terminations and reconnections of service, including the name and address of the customer, the date and character of the dispute or complaint and the adjustment or disposal made of the matter.
Authority The provisions of this § 56.432 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.432 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial page (359069).
Subchapter T. INFORMAL COMPLAINTS
Sec.
56.441. Informal complaints.
Authority The provisions of this Subchapter T issued under the Public Utility Code, 66 Pa.C.S. § § 14011419, unless otherwise noted.
Source The provisions of this Subchapter T adopted October 7, 2011, effective October 8, 2011, 41 Pa.B. 5473, unless otherwise noted.
Cross References This subchapter cited in 52 Pa. Code § 56.1 (relating to statement of purpose and policy); 52 Pa. Code § 56.251 (relating to statement of purpose and policy); and 52 Pa. Code § 56.252 (relating to definitions).
§ 56.441. Informal complaints.
The Commission delegates to the Bureau of Consumer Services (BCS) the primary authority to resolve customer, applicant or occupant complaints arising under this chapter. The BCS, through its Director and with the concurrence of the Commission, will establish appropriate internal procedures to implement the provisions of this chapter.
(1) Absent good cause, the BCS will handle only Chapter 56 informal complaints in which the customer first attempted to resolve the matter with the public utility.
(2) Only after the customer and the public utility have failed to resolve the dispute will BCS initiate an investigation.
Authority The provisions of this § 56.441 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.441 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial pages (359069) to (359070).
Cross References This section cited in 52 Pa. Code § 56.340 (relating to winter termination procedures).
Subchapter U. GENERAL PROVISIONS
Sec.
56.451. Availability of normal Commission procedures.
56.452. Applications for modification or exception.
56.453. Inconsistent tariff provisions.
Authority The provisions of this Subchapter U issued under the Public Utility Code, 66 Pa.C.S. § § 14011419, unless otherwise noted.
Source The provisions of this Subchapter U adopted October 7, 2011, effective October 8, 2011, 41 Pa.B. 5473, unless otherwise noted.
Cross References This subchapter cited in 52 Pa. Code § 56.1 (relating to statement of purpose and policy); 52 Pa. Code § 56.251 (relating to statement of purpose and policy); and 52 Pa. Code § 56.252 (relating to definitions).
§ 56.451. Availability of normal Commission procedures.
Nothing in this chapter prevents a person or a public utility from pursuing other Commission procedures in a case not described in this chapter.
Authority The provisions of this § 56.451 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.451 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial page (359070).
§ 56.452. Applications for modification or exception.
(a) If unreasonable hardship to a person or to a public utility results from compliance with a section in this chapter or a technological advance permits an enhanced level of customer service, application may be made to the Commission for modification of the section or for temporary exemption from its requirements. The adoption of this chapter by the Commission will in no way preclude it from altering or amending it under the applicable statutory procedures, nor will the adoption of this chapter preclude the Commission from granting temporary exemptions in exceptional cases.
(b) A person or public utility that files an application under this section shall provide notice to persons who may be affected by the modification or temporary exemption. Notice may be made by a bill insert or in another reasonable manner.
Authority The provisions of this § 56.452 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.452 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial page (359070).
§ 56.453. Inconsistent tariff provisions.
A tariff provision inconsistent with this chapter is deemed nonoperative and superseded by this chapter.
Subchapter V. [RESERVED]
Authority The provisions of this Subchapter V reserved under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this Subchapter V adopted October 7, 2011, effective October 8, 2011, 41 Pa.B. 5473; reserved May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial pages (359071) to (359072).
Cross References This subchapter cited in 52 Pa. Code § 56.1 (relating to statement of purpose and policy); 52 Pa. Code § 56.251 (relating to statement of purpose and policy); and 52 Pa Code § 56.252 (relating to definitions).
§ 56.461. [Reserved].
Authority The provisions of this § 56.461 reserved under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.461 reserved May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial pages (359071) to (359072). Appx. A
APPENDIX A. MEDICAL EMERGENCY NOTICE
Let us know if someone living in your home is seriously ill or has a medical condition that will be aggravated by the cessation of service. We will not shut off your service during such illness provided you:
(a) Have a licensed physician, nurse practitioner or physician assistant certify in writing that such illness exists and that it may be aggravated if your service is stopped; and
(b) Make some equitable arrangement to pay the company your current bills for service.
(c) Contact us by calling the following number: (Public Utility) Phone Number: (Public Utility) Address:
(d) Have your licensed physician, nurse practitioner or physician assistant send a letter to the public utility within 3 days verifying the medical condition.
If you are a victim of abuse and have an order issued by the courts, special medical emergency procedures and protections may be available. Call your public utility company to inform them so these special procedures and protections can be provided. Your public utility company may require you to provide them with a copy of your court order.
Authority The provisions of this Appendix A amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this Appendix A 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 (359072).
Cross References This appendix cited in 52 Pa. Code § 56.91 (relating to general notice provisions and contents of termination notice); and 52 Pa. Code § 56.331 (relating to general notice provisions and contents of termination notice).
APPENDIX B. MEDICAL EMERGENCY NOTICE
Let us know if someone living in your home is seriously ill or has a medical condition that will be aggravated by the cessation of service. We will restore your utility service within 24 hours during such illness provided you:
(a) Have a licensed physician, nurse practitioner or physician assistant certify in writing that such illness exists and that it may be aggravated if your service is not restored; and
(b) Make some equitable arrangement to pay the company your current bills for service.
(c) Contact us by calling the following number: (Public Utility) Phone Number: (Public Utility) Address:
(d) Have your licensed physician, nurse practitioner or physician assistant send a letter to the utility within 3 days verifying the medical condition.Appx. C
If you are a victim of abuse and have an order issued by the courts, special medical emergency procedures and protections may be available. Call your public utility company to inform them so these special procedures and protections can be provided. Your public utility company may require you to provide them with a copy of your court order.
Authority The provisions of this Appendix B amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this Appendix B 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 (359072) to (359073).
Cross References This appendix cited in 52 Pa. Code § 56.91 (relating to general notice provisions and contents of termination notice); 52 Pa. Code § 56.96 (relating to post-termination notice); 52 Pa. Code § 56.331 (relating to general notice provisions and contents of termination notice); and 52 Pa. Code § 56.336 (relating to post-termination notice).
APPENDIX C. DEFINITIONS (§ 56.231)
This data dictionary and the following definitions are to be used in relation to the reporting requirements in § 56.231 (relating to reporting requirements).
Annual collections operating expensesUse the definition in § 54.72 or § 62.2, include administrative expenses associated with termination activity, field visits, negotiating payment arrangements, budget counseling, investigation and resolving informal and formal complaints associated with payment arrangements, securing and maintaining deposits, tracking delinquent accounts, collection agencies expenses, litigation expenses other than Commission-related, dunning expenses and winter survey expenses. Report the cumulative total as of the end of the calendar year. Exclude customer assistance program expenses including customer assistance program administrative expenses, customer assistance program credits, also known as revenue shortfall, customer assistance program arrearage forgiveness and any other expenses directly related to customer assistance programs.
Annual residential billingsReport the cumulative total dollar amount in residential billings as of the end of the calendar year. This includes normal tariff billings, universal service program billings including customer assistance programs, and miscellaneous billings. The latter category includes billings for late payment fees.
Average monthly bill for the previous year for a heating customerReport the aggregate average monthly bill by calculating the average of the 12 monthly average bills for heating customers. Report the average as of the end of the calendar year.
Average monthly bill for the previous year for a nonheating customer Report the aggregate average monthly bill by calculating the average of the 12 monthly average bills for nonheating customers. Report the average as of the end of the calendar year.
Average monthly usage for a heating customerReport the aggregate average monthly usage by calculating the average of the 12 monthly average usages for heating customers. Report the average as of the end of the calendar year.
Average monthly usage for a nonheating customerReport the aggregate average monthly usage by calculating the average of the twelve monthly average usages for nonheating customers. Report the average as of the end of the calendar year.
Total dollar amount of active residential accounts in arrears and not on a payment arrangementReport the total dollar amount as of the end of the calendar month. The due date should be considered to be day zero (0) in the determination of when account is overdue. Exclude customer assistance program recipients.
Total dollar amount of active residential accounts in arrears and on a payment arrangementReport the total dollar amount as of the end of the calendar month. The due date should be considered to be day zero (0) in the determination of when account is overdue. Exclude customer assistance program recipients.
Total dollar amount of gross residential write-offsReport the cumulative total dollar amount as of the end of the calendar year. Do not include customer assistance program credits, also known as revenue shortfall, or customer assistance program arrearage forgiveness in this category.
Total dollar amount of inactive residential accounts in arrearsAn account that has been terminated or discontinued, the final bill due date has passed, and the amount owed has not yet been written off. Report the total dollar amount as of the end of the calendar month. The due date should be considered to be day zero (0) in the determination of when an account is overdue. A terminated or final-billed account becomes inactive on the day after the final bill is due and payable.
Total dollar amount of net residential write-offsNet write-offs are calculated by subtracting recoveries from gross write-offs. Include all residential recoveries regardless of the year the recovered dollars were actually written off. Report the cumulative total dollar amount as of the end of the calendar year. Do not include customer assistance program credits, also known as revenue shortfall, or customer assistance program arrearage forgiveness in this category.
Total dollar amount in security deposits on-handReport the dollar amount as of the end of the calendar year. Exclude accrued interest.
Total dollar amount in security deposits that are requested or billed to applicantsReport the cumulative total dollar amount as of the end of the calendar month.
Total dollar amount in security deposits that are requested or billed to customersReport the cumulative total dollar amount as of the end of the calendar month.
Total number of active residential accounts in arrears and not on a payment arrangementReport the total as of the end of the calendar month. The due date should be considered to be day zero (0) in the determination of when account is overdue. Exclude customer assistance program recipients.
Total number of active residential accounts in arrears and on a payment arrangementReport the total as of the end of the calendar month. The due date should be considered to be day zero (0) in the determination of when account is overdue. Exclude customer assistance program recipients.
Total number of applicants that are requested or billed a security deposit Report the cumulative number as of the end of the calendar month.
Total number of customers that are requested or billed a security deposit Report the cumulative number as of the end of the calendar month.
Total number of dwellings receiving termination notices sent to occupants other than the customerThe grounds for termination are customer nonpayment of usage-based billings or nonpayment of a security deposit. Use this category when the termination notice was delivered to someone other than the customer, for example, a termination notice to a tenant because of nonpayment of a landlord-ratepayer. This does not include copies of termination notices sent in accordance with the third-party notification procedures in § 56.131. Report the cumulative number as of the end of the calendar month. Include customer assistance program recipients.
Total number of 48-hour termination notices postedThe grounds for termination are customer nonpayment of usage-based billings or nonpayment of a security deposit. Report the cumulative number as of the end of the calendar month. Include customer assistance program recipients. The termination notice was posted at the customers residence in accordance with § 56.95.
Total number of inactive residential accounts in arrearsAn account that has been terminated or discontinued, the final bill due date has passed, and the amount owed has not yet been written off. Report the total as of the end of the calendar month. The due date should be considered to be day zero (0) in the determination of when an account is overdue. A terminated or final-billed account becomes inactive on the day after the final bill is due and payable.
Total number of reconnections for customer submission of medical certificationIncludes only reconnections because the customer has supplied the company with a valid medical certificate as the condition of reconnection. Report the cumulative number as of the end of the calendar month. Include customer assistance program recipients.
Total number of reconnections for full customer payment, partial payment or payment arrangementA reconnection is any residential account that was terminated for any reason covered under § 56.81 or § 56.98 and subsequently restored after the customer paid in full the outstanding balance of the account, made a partial payment or entered into a payment arrangement regardless of whether the customers current status is that of applicant or customer per the definitions in § 56.2. Four criteria must be met: the reconnection is for the same customer/applicant that was terminated; the location of the reconnection is the same location as the location of the termination; the dollars in debt that are the subject of the customer payment and/or customer payment arrangement are for the same customer/applicant while at the same location; and the time that has passed since the final bill due date does not exceed 4 years. Report the cumulative number as of the end of the calendar month. Include customer assistance program recipients.
Total number of reconnections for reasons other than customer payment or medical certificationReport the cumulative number as of the end of the calendar month. This category includes any reconnection not reported under reconnections for payment/partial payment/payment arrangement or reconnections for submission of a medical certificate. Include customer assistance program recipients.
Total number of residential heating customersReport the number as of the end of the calendar month. Report each individually billed account under a unique residential account number and residential tariff rate (Count the number of residential bills that you issue). Include customer assistance program recipients.
Total number of residential nonheating customersReport the number as of the end of the calendar month. Report each individually billed account under a unique residential account number and residential tariff rate (Count the number of residential bills that you issue). Include customer assistance program recipients.
Total number of security deposits on-handReport the number as of the end of the calendar year.
Total number of 10-day termination notices issued by the public utilityThe grounds for termination are customer nonpayment of usage-based billings or nonpayment of a security deposit. Report the cumulative number as of the end of the calendar month. Include customer assistance program recipients.
Total number of terminations for nonpaymentThe grounds for termination are customer nonpayment of usage-based billings or nonpayment of a security deposit. Report the cumulative number as of the end of the calendar month. Include customer assistance program recipients.
Total number of terminations for nonpayment and reasons other than nonpayment categorized by the first three digits of each accounts postal codeThe grounds for termination are customer nonpayment of usage-based billings or nonpayment of a security deposit, failure to permit access, unauthorized use of service, fraud, meter tampering, and safety. Report the cumulative number as of the end of the calendar month. Include customer assistance program recipients. Categorize by the first three digits of the postal code of the customers service address.
Total number of terminations for reasons other than nonpaymentThe reasons for termination include failure to permit access, unauthorized use of service, fraud, meter tampering, and safety. Report the cumulative number as of the end of the calendar month. Include customer assistance program recipients.
Total number of 3-day termination notices completed by electronic messaging formatsThe grounds for termination are customer nonpayment of usage-based billings or nonpayment of a security deposit. Report the cumulative number as of the end of the calendar month. Include customer assistance program recipients. The customer was contacted using email, text message or other electronic messaging format in accordance with § 56.93.
Total number of 3-day termination notices completed by personal contact in personThe grounds for termination are customer nonpayment of usage-based billings or nonpayment of a security deposit. Report the cumulative number as of the end of the calendar month. Include customer assistance program recipients. The customer was contacted in person in accordance with § 56.93.
Total number of 3-day termination notices completed by telephoneThe grounds for termination are customer nonpayment of usage-based billings or nonpayment of a security deposit. Report the cumulative number as of the end of the calendar month. Include customer assistance program recipients. The customer was contacted using the telephone in accordance with § 56.93.
Authority The provisions of this Appendix C issued under the Public Utility Code, 66 Pa.C.S. § § 14011419; amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this Appendix C adopted 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 (359073) to (359077).
Cross References This appendix cited in 52 Pa. Code § 56.231 (relating to reporting requirements).
APPENDIX D. DEFINITIONS (§ 56.231(d))Appx. D
This data dictionary and the following definitions are to be used in relation to the reporting requirements in § 56.231(d) (relating to reporting requirements).
Annual residential billingsReport the cumulative total dollar amount in residential billings during the calendar year. This includes normal tariff billings and miscellaneous billings. The latter category includes billings for late payment fees.
Total dollar amount of gross residential write-offsReport the cumulative total dollar amount as of the end of the calendar year. Do not include customer assistance program credits, also known as revenue shortfall, or customer assistance program arrearage forgiveness in this category.
Total number of reconnections for customer paymentA reconnection is any residential account that was terminated for any reason covered under § 56.321 or § 56.338 and subsequently restored after the customer paid in full the outstanding balance of the account, or made a partial payment or entered into a payment agreement regardless of whether the customers current status is that of applicant or customer per the definitions in § 56.252. Four criteria must be met: the reconnection is for the same customer/applicant that was terminated; the location of the reconnection is the same location as the location of the termination; the dollars in debt that are the subject of the customer payment or customer payment agreement, or both, are for the same customer/applicant while at the same location; and the time that has passed since the final bill due date does not exceed 4 years. Report the cumulative number as of the end of the calendar month. Include customer assistance program recipients.
Total number of reconnections for customer submission of medical certificationIncludes only reconnections because the customer has supplied the company with a valid medical certificate as the condition of reconnection. Report the cumulative number as of the end of the calendar month. Include customer assistance program recipients.
Total number of reconnections for reasons other than customer payment or medical certificationReport the cumulative number as of the end of the calendar month. Include customer assistance program recipients.
Total number of residential customersReport the number as of the end of the calendar month. Report each individually billed account under a unique residential account number and residential tariff rate (Count the number of residential bills that you issue). Include customer assistance program recipients.
Total number of terminations for nonpaymentThe grounds for termination are customer nonpayment of usage-based billings or nonpayment of a security deposit. Report the cumulative number as of the end of the calendar month. Include customer assistance program recipients.
Total number of terminations for reasons other than nonpaymentThe reasons for termination include failure to permit access, unauthorized use of service, fraud, meter tampering, and safety. Report the cumulative number as of the end of the calendar month. Include customer assistance program recipients. Appx. E
Authority The provisions of this Appendix D issued under the Public Utility Code, 66 Pa.C.S. 14011419; amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this Appendix D adopted 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 (359077) to (359078).
Cross References This appendix cited in 52 Pa. Code § 56.231 (relating to reporting requirements).
APPENDIX E. THIRD-PARTY NOTIFICATION
Once in a while, for one reason or another, a customer fails to pay his or her UTILITY bill. Under the Third-Party Notification program, UTILITY will notify you and another person you choose to receive copies of shut-off notices. The third-party can be a trusted relative, friend, clergy member, or social service agency. The Third-Party Notification program is voluntary and can help you if you are hospitalized, away from home for extended periods of time or homebound. The third-party is not responsible for paying your bills and this program will not stop UTILITY from shutting off your UTILITY service if you do not pay your bills. When a third-party contacts UTILITY about the shut off notice, we will tell them what you can do to stop the shut off. The third-party does not have the right to make a payment agreement for you.
To sign up, both you and the third-party must complete and sign the form below. Do not return this with your bill, return it to:
UTILITY NAME
UTILITY ADDRESS
CITY, STATE, POSTAL CODE
IMPORTANT THINGS TO REMEMBER:
* Notify us immediately if you want to change or drop your third-party.
* Notify us if your third-party moves.
* Notify us if you move and you want the third-party transferred to your new address.
Please sign me up for the third-party Notification program. By completing this form and returning it to UTILITY, I request that a copy of any shut off notice be given to the person or agency named below.
CUSTOMER NAME:
UTILITY ACCOUNT/CUSTOMER NUMBER:
CUSTOMER ADDRESS:
CUSTOMER SIGNATURE:
DATE:
Receipt of a copy of a shut off notice by the third-party does not place any obligation on that party to pay the UTILITY bill for the customer named above nor will it necessarily stop shut off if payment is not made. The notice simply reminds the third-party of a chance to help the customer solve the problem.
THIRD-PARTY NAME:
THIRD-PARTY ADDRESS:
THIRD-PARTY SIGNATURE:
DATE:
Authority The provisions of this Appendix E issued under the Public Utility Code, 66 Pa.C.S. § § 14011419.
Source The provisions of this Appendix E adopted October 7, 2011, effective October 8, 2011, 41 Pa.B. 5473.
Cross References This appendix cited in 52 Pa. Code § 56.131 (relating to third-party notification); and 52 Pa. Code § 56.361 (relating to third-party notification).
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