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).
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