| (a) Disconnection and reconnection policy. Only a transmission
and distribution utility (TDU), municipally owned utility, or electric
cooperative may perform physical disconnections and reconnections.
Unless otherwise stated, it is the responsibility of a retail electric
provider (REP) to request such action from the appropriate TDU, municipally
owned utility, or electric cooperative in accordance with that entity's
relevant tariffs, in accordance with the protocols established by
the registration agent, and in compliance with the requirements of
this section. If a REP chooses to have a customer's electric service
disconnected, it must comply with the requirements in this section.
Nothing in this section requires a REP to request that a customer's
service be disconnected.
(b) Disconnection authority.
(1) Any REP may authorize the disconnection of a medium
non-residential or large non-residential customer, as that term is
defined in §25.43 of this title (relating to Provider of Last
Resort (POLR)).
(2) Except as provided in subsection (d) of this section,
all REPs may authorize the disconnection of residential and small
non-residential customers pursuant to commission rules. Prior to authorizing
disconnections for non-payment in accordance with this paragraph,
a REP must:
(A) test all necessary electronic transactions related
to disconnections and reconnections of service; and
(B) file an affidavit from an officer of the company,
in a project established by the commission for this purpose, affirming
that the REP understands and has trained its personnel on the commission's
rule requirements related to disconnection and reconnection, and has
adequately tested the transactions described in subparagraph (A) of
this paragraph.
(c) Disconnection with notice. A REP having disconnection
authority under the provisions of subsection (b) of this section,
including the POLR, may authorize the disconnection of a customer's
electric service after proper notice and not before the first day
after the disconnection date in the notice for any of the following
reasons:
(1) failure to pay any outstanding bona fide debt for
electric service owed to the REP or to make deferred payment arrangements
by the date of disconnection stated on the disconnection notice. Payment
of the delinquent bill at the REP's authorized payment agency is considered
payment to the REP;
(2) failure to comply with the terms of a deferred
payment agreement made with the REP;
(3) violation of the REP's terms and conditions on
using service in a manner that interferes with the service of others
or the operation of nonstandard equipment, if a reasonable attempt
has been made to notify the customer and the customer is provided
with a reasonable opportunity to remedy the situation;
(4) failure to pay a deposit as required by §25.478
of this title (relating to Credit Requirements and Deposits); or
(5) failure of the guarantor to pay the amount guaranteed,
when the REP has a written agreement, signed by the guarantor, which
allows for disconnection of the guarantor's service.
(d) Disconnection without prior notice. Any REP or
TDU may, at any time, authorize disconnection of a customer's electric
service without prior notice for any of the following reasons:
(1) Where a known dangerous condition exists for as
long as the condition exists. Where reasonable, given the nature of
the hazardous condition, the REP or its agent must post a notice of
disconnection and the reason for the disconnection at the place of
common entry or upon the front door of each affected residential unit
as soon as possible after service has been disconnected;
(2) Where service is connected without authority by
a person who has not made application for service;
(3) Where service is reconnected without authority
after disconnection for nonpayment;
(4) Where there has been tampering with the equipment
of the transmission and distribution utility, municipally owned utility,
or electric cooperative; or
(5) Where there is evidence of theft of service.
(e) Disconnection prohibited. A REP having disconnection
authority under the provisions of subsection (b) of this section must
not authorize a disconnection for nonpayment of a customer's electric
service for any of the following reasons:
(1) Delinquency in payment for electric service by
a previous occupant of the premises;
(2) Failure to pay for any charge that is not for electric
service regulated by the commission, including competitive energy
service, merchandise, or optional services;
(3) Failure to pay for a different type or class of
electric service unless charges for such service were included on
that account's bill at the time service was initiated;
(4) Failure to pay charges resulting from an underbilling,
except theft of service, more than six months prior to the current
billing;
(5) Failure to pay disputed charges, except for the
amount not under dispute, until a determination as to the accuracy
of the charges has been made by the REP or the commission, and the
customer has been notified of this determination;
(6) Failure to pay charges arising from an underbilling
due to any faulty metering, unless the meter has been tampered with
or unless such underbilling charges are due under §25.126 of
this title (relating to Adjustments Due to Non-Compliant Meters and
Meter Tampering in Areas Where Customer Choice Has Been Introduced);
or
(7) Failure to pay an estimated bill other than a bill
rendered pursuant to an approved meter-reading plan, unless the bill
is based on an estimated meter read by the TDU.
(f) Disconnection on holidays or weekends.
(1) A REP having disconnection authority under the
provisions of subsection (b) of this section must not request disconnection
of a customer's electric service for nonpayment on a holiday or weekend,
or the day immediately preceding a holiday or weekend, unless the
REP's personnel are available on those days to take payments, make
payment arrangements with the customer, and request reconnection of
service.
(2) Unless a dangerous condition exists or the customer
requests disconnection, a TDU must not disconnect a customer's electric
service on a holiday or weekend, or the day immediately preceding
a holiday or weekend, unless the personnel of the TDU are available
to reconnect service on all of those days.
(g) Disconnection of Critical Care 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 Critical Care Residential Customer when that
customer establishes that disconnection of service will cause some
person at that residence to become seriously ill or more seriously
ill.
(1) Each time a Critical Care Residential Customer
seeks to avoid disconnection of service under this subsection, the
customer must accomplish all of the following by the stated date of
disconnection:
(A) Have the person's attending physician (for purposes
of this subsection, the "physician" means any public health official,
including medical doctors, doctors of osteopathy, nurse practitioners,
registered nurses, and any other similar medical professional) contact
the REP to confirm that the customer is a Critical Care Residential
Customer;
(B) Have the person's attending physician submit a
written statement to the REP confirming that the customer is a Critical
Care Residential Customer; and
(C) Enter into a deferred payment plan.
(2) The prohibition against service disconnection of
a Critical Care Residential Customer provided by this subsection lasts
63 days from the issuance of the bill for electric service or a shorter
period agreed upon by the REP and the customer, emergency (secondary)
contact listed on the commission-approved application form, or attending
physician. If the Critical Care Residential Customer does not accomplish
the requirements of paragraph (1) of this subsection:
(A) The REP must provide written notice to the Critical
Care Residential Customer and the emergency contact listed on the
commission-approved application form 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 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; and
Cont'd... |
