| (B) Prior to disconnecting a Critical Care Residential
Customer, a TDU must contact the customer and the emergency contact
listed on the commission-approved application form. If the TDU does
not reach the customer and emergency contact by phone, the TDU must
visit the premises, and, if there is no response, must leave a door
hanger containing the pending disconnection information and information
on how to contact the REP and TDU.
(3) If, in the normal performance of its duties, a
TDU obtains information that a customer scheduled for disconnection
may qualify for delay of disconnection pursuant to this subsection,
and the TDU reasonably believes that the information may be unknown
to the REP, the TDU must delay the disconnection and promptly communicate
the information to the REP. The TDU must disconnect such customer
if it subsequently receives a confirmation of the disconnect notice
from the REP. Nothing herein should be interpreted as requiring a
TDU to assess or to inquire as to the customer's status before performing
a disconnection when not otherwise required.
(4) If a TDU refuses to disconnect a Critical Care
Residential Customer pursuant to this subsection, it must cease charging
all transmission and distribution charges and surcharges, except securitization-related
charges, for that premises to the REP.
(h) Disconnection of Chronic Condition Residential
Customers. A REP having disconnection authority under the provisions
of subsection (b) of this section must not authorize a disconnection
for nonpayment of electric service at a permanent, individually metered
dwelling unit of a delinquent customer when that customer has been
designated as a Chronic Condition Residential Customer pursuant to §25.497
of this title (relating to Critical Load Industrial Customers, Critical
Load Public Safety Customers, Critical Care Residential Customers,
and Chronic Condition Residential Customers), except as provided in
this subsection. The REP must notify the Chronic Condition Residential
Customer and the emergency contact listed on the commission-approved
application form with a written notice of its intention to disconnect
service not later than 21 days prior to the date that service would
be disconnected. Such notice must be a separate mailing or hand delivered
notice with a stated date of disconnection with the words "disconnection
notice" or similar language prominently displayed. If the REP has
offered and the customer has agreed for the customer and/or emergency
contact to receive disconnection notices from the REP by email, a
separate email with the words "disconnection notice" or similar language
in the subject line must be also be sent in addition to the separate
mailing or hand delivered notice. Except as provided in this subsection,
the notice must comply with the requirements of subsections (l) and
(m) of this section.
(i) Disconnection of energy assistance clients.
(1) A REP having disconnection authority under the
provisions of subsection (b) of this section must not authorize a
disconnection for nonpayment of electric service to a delinquent residential
customer for a billing period in which the REP receives a pledge,
letter of intent, purchase order, or other notification that the energy
assistance provider is forwarding sufficient payment to continue service
provided that such pledge, letter of intent, purchase order, or other
notification is received by the due date stated on the disconnection
notice, and the customer, by the due date on the disconnection notice,
either pays or makes payment arrangements to pay any outstanding debt
not covered by the energy assistance provider.
(2) If an energy assistance provider has requested
monthly usage data pursuant to §25.472(b)(4) of this title (relating
to Privacy of Customer Information), the REP must extend the final
due date on the disconnection notice, day for day, from the date the
usage data was requested until it is provided.
(3) A REP must allow at least 45 days for an energy
assistance provider to honor a pledge, letter of intent, purchase
order, or other notification before submitting the disconnection request
to the TDU.
(4) A REP may request disconnection of service to a
customer if payment from the energy assistance provider's pledge is
not received within the time frame agreed to by the REP and the energy
assistance provider, or if the customer fails to pay any portion of
the outstanding balance not covered by the pledge.
(j) Disconnection during extreme weather. A REP having
disconnection authority under the provisions of subsection (b) of
this section must not authorize a disconnection for nonpayment of
electric service for any customer in a county in which an extreme
weather emergency occurs. A REP must offer residential customers a
deferred payment plan upon request by the customer that complies with
the requirements of §25.480 of this title (relating to Bill Payment
and Adjustments) for bills that become due during the weather emergency.
(1) The term "extreme weather emergency" means a day
when:
(A) the previous day's highest temperature did not
exceed 32 degrees Fahrenheit, and the temperature is predicted to
remain at or below that level for the next 24 hours anywhere in the
county, according to the nearest National Weather Service (NWS) reports;
or
(B) the NWS issues a heat advisory for a county, or
when such advisory has been issued on any one of the preceding two
calendar days in a county.
(2) A TDU must notify the commission of an extreme
weather emergency in a method prescribed by the commission, on each
day that the TDU has determined that an extreme weather emergency
has been issued for a county in its service area. The initial notice
must include the county in which the extreme weather emergency occurred
and the name and telephone number of the utility contact person.
(k) Disconnection of master-metered apartments. When
a bill for electric service is delinquent for a master-metered apartment
complex:
(1) The REP having disconnection authority under the
provisions of subsection (b) of this section must send a notice to
the customer as required by this subsection. At the time such notice
is issued, the REP, or its agents, must also inform the customer that
notice of possible disconnection will be provided to the tenants of
the apartment complex in six days if payment is not made before that
time.
(2) At least six days after providing notice to the
customer and at least four days before disconnecting, the REP must
post a minimum of five notices in English and Spanish in conspicuous
areas in the corridors or other public places of the apartment complex.
Language in the notice must be in large type and must read: "Notice
to residents of (name and address of apartment complex): Electric
service to this apartment complex is scheduled for disconnection on
(date), because (reason for disconnection)."
(l) Disconnection notices. A disconnection notice for
nonpayment must:
(1) not be issued before the first day after the bill
is due;
(2) be a separate mailing or hand delivered notice
with a stated date of disconnection with the words "disconnection
notice" or similar language prominently displayed or, if the REP has
offered and the customer has agreed to receive disconnection notices
from the REP by email, be a separate email with the words "disconnection
notice" or similar language in the subject line. The REP may send
the disconnection notice concurrently with the request for a deposit;
(3) have a disconnection date that is not a holiday,
weekend day, or day that the REP's personnel are not available to
take payments, and is not less than ten days after the notice is issued;
and
(4) include a statement notifying the customer that
if the customer needs assistance paying the bill by the due date,
or is ill and unable to pay the bill, the customer may be able to
make some alternate payment arrangement, establish a deferred payment
plan, or possibly secure payment assistance. The notice must also
advise the customer to contact the provider for more information.
(m) Contents of disconnection notice. Any disconnection
notice must include the following information:
(1) The reason for disconnection;
(2) The actions, if any, that the customer may take
to avoid disconnection of service;
(3) The amount of all fees or charges which will be
assessed against the customer as a result of the default;
(4) The amount overdue;
(5) A toll-free telephone number that the customer
can use to contact the REP to discuss the notice of disconnection
or to file a complaint with the REP, and the following statement:
"If you are not satisfied with our response to your inquiry or complaint,
you may file a complaint by calling or writing the Public Utility
Commission of Texas, P.O. Box 13326, Austin, Texas, 78711-3326; Telephone:
(512) 936-7120 or toll-free in Texas at (888) 782-8477. Hearing and
speech impaired individuals may contact the commission through Relay
Texas at 1-800-735-2989. Complaints may also be filed electronically
at www.puc.texas.gov/ocp/complaints/complain.cfm;"
Cont'd... |
