| (a) Grounds for refusal to serve. A utility may decline
to serve a service applicant for the following reasons:
(1) the service applicant is not in compliance with
state or municipal regulations applicable to the type of service requested;
(2) the service applicant is not in compliance with
the rules and regulations of the utility governing the type of service
requested which are in its approved tariff on file with the commission;
(3) the service applicant is indebted to any utility
for the same type of service as that requested. However, in the event
the indebtedness of the service applicant is in dispute, the service
applicant shall be served upon complying with the deposit requirements
in §24.159 of this title (relating to the Service Applicant and
Customer Deposit) and upon a demonstration that the service applicant
has complied with all of the provisions of §24.165(l) of this
title (relating to Billing);
(4) the service applicant's primary point of use is
outside the certificated area;
(5) standby fees authorized under §24.165(p) of
this title have not been paid for the specific property or lot on
which service is being requested; or
(6) the utility is prohibited from providing service
under Vernon's Texas Civil Statutes, Local Government Code, §212.012
or §232.029.
(b) Service Applicant's recourse. In the event the
utility refuses to serve a service applicant under the provisions
of these sections, the utility shall inform the service applicant
in writing of the basis of its refusal and that the service applicant
may file a complaint with the commission thereon.
(c) Insufficient grounds for refusal to serve. The
following shall not constitute sufficient cause for refusal of service
to a present customer or service applicant:
(1) delinquency in payment for service by a previous
occupant of the premises to be served;
(2) violation of the utility's rules pertaining to
operation of nonstandard equipment or unauthorized attachments which
interferes with the service of others, unless the customer has first
been notified and been afforded reasonable opportunity to comply with
said rules;
(3) failure to pay a bill of another customer as guarantor
thereof, unless the guarantee was made in writing to the utility as
a condition precedent to service;
(4) failure to pay the bill of another customer at
the same address except where a change of customer identity is made
to avoid or evade payment of a utility bill;
(5) failure to pay for the restoration of a tap removed
by the utility at its option or removed as the result of tampering
or delinquency in payment by a previous customer;
(6) the service applicant or customer chooses to use
a type of backflow prevention assembly approved under 30 TAC §290.44(h)
(relating to Water Distribution) even if the assembly is not the one
preferred by the utility; or
(7) failure to comply with regulations or rules for
anything other than the type of utility service specifically requested
including failure to comply with septic tank regulations or sewer
hook-up requirements.
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