[26 Pa.B. 2908]
[Continued from previous Web Page] § 56.65. [Service without continued group membership] (Reserved).
[A utility shall provide utility service to a former member of a composite credit group under one of the following provisions:
(1) Establishment of credit. The member establishes his credit in accordance with § 56.32 (relating to credit standards).
(2) Cash deposit: third-party guarantor. The member posts an individual cash deposit or furnishes a written guarantee in accordance with § 56.33 (relating to composite credit group; cash deposits; third-party guarantors).
(3) Prompt payment of bills. The member has paid bills for service for 12 consecutive months without having service terminated or having paid his bill subsequent to the due date or other permissible period as stated in this chapter on two or more occasions so long as the ratepayer is not currently delinquent.]
Subchapter E. TERMINATION OF SERVICE
NOTICE PROCEDURES PRIOR TO TERMINATION § 56.91. General notice provisions.
Prior to a termination of service, the utility shall mail or deliver written notice to the ratepayer at least 10 days prior to the date of the proposed termination. In the event of a taking or acceptance of utility service without the knowledge or approval of the utility, other than unauthorized use of service as defined in § 56.2 (relating to definitions), the utility shall comply with § 56.93 [(1)] (relating to personal contact) [or shall hand deliver written notice to the ratepayer or occupant at least 3 days prior to the date of the proposed termination, as well as complying with the provisions of §§ 56.94]--56.97 (relating to procedures upon ratepayer or occupant contact prior to termination), but need not otherwise provide notice 10 days prior to termination.
§ 56.93. Personal contact.
Except when authorized by §§ 56.71, 56.72 or 56.98 (relating to interruption of service; discontinuance of service; and exception for terminations based on occurrences harmful to person or property), a utility may not interrupt, discontinuance or terminate service without personally contacting the ratepayer or a responsible adult occupant at least 3 days prior to the interruption, discontinuance or termination, in addition to provide [such] other notice as specified by the properly filed tariff of the utility or as required by this chapter or other Commission directive. For purposes of this section, personal contact shall mean:
(1) [Contacting the ratepayer or responsible adult occupant in person or by telephone.
(2) Contacting another person whom the ratepayer has designated to receive a copy of a notice of termination, other than a member or employe of the Commission.
(3) If the ratepayer has not made the designation noted in paragraph (2), contacting a community interest group or other entity, including a local police department, which previously shall have agreed to receive a copy of the notice of termination and to attempt to contact the ratepayer.
(4) If the ratepayer has not made the designation noted in paragraph (2) and if there is no community interest group or other entity which previously has agreed to receive a copy of the notice of termination, contacting the Commission in writing.]
Actual contact with the ratepayer or responsible adult occupant by telephone.
(2) Actual contact with the ratepayer or responsible adult occupant in person at the affected dwelling.
(3) After an unsuccessful attempt to contact the ratepayer or responsible adult in person at the affected dwelling, posting a written 72-hour notice, at the affected dwelling. After the expiration of the 72-hour notice the company may terminate service without application of § 56.95 (relating to deferred termination when no prior contact).
(4) After two unsuccessful attempts at contacting the ratepayer or responsible adult occupant by telephone, mailing a written 72-hour notice to the ratepayer. After the expiration of the 72-hour notice, the company shall comply with § 56.95 if prior contact is not made as required under § 56.94 (relating to procedures immediately prior to termination).
§ 56.95. Deferred termination when no prior contact.
If [a prior] personal contact has not been made [with a responsible adult either at the residence of the ratepayer], as required by § 56.93(1), (2) or (3) (relating to personal contact) or § 56.94 (relating to procedures immediately prior to termination) or at the affected dwelling, the employe may not terminate service but shall conspicuously post a termination notice at the residence of the ratepayer and the affected dwelling, advising that service will be disconnected not less than 48 hours from the time and date of the posting.
§ 56.97. Procedures upon ratepayer 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 ratepayer or occupant contacts the utility concerning a proposed termination, an authorized utility employe shall fully explain:
* * * * * (3) [The right of the ratepayer to file a dispute with the utility and, thereafter, an informal complaint with the Commission.
(4) The procedures for resolving disputes and informal complaints, including the address and telephone number of the Commission: Public Utility Commission, Box 3265, Harrisburg, Pennsylvania, 17120, telephone number 1 (800) 692-7380.
(5) The duty of the ratepayer to pay a portion of a bill which he does not honestly dispute.
(6)] The medical emergency procedures.
(b) The utility, through its employes, shall exercise good faith and fair judgment in attempting to enter a reasonable settlement or payment agreement or otherwise equitably to resolve the matter. Factors to be taken into account when attempting to enter into a reasonable settlement or payment agreement may include [but not be limited to] the size of the unpaid balance, the ability of the ratepayer to pay, the payment history of the ratepayer and the length of time over which the bill accumulated. If a settlement or payment agreement is not established the company shall further explain the following:
(1) The right of the ratepayer to file a dispute with the 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, telephone number (800) 692-7380.
(3) The duty of the ratepayer to pay any portion of a bill which he does not honestly dispute.
NOTICE PROCEDURES AFTER DISPUTE FILED § 56.101. Limited notice upon noncompliance with report or order.
(a) Except during the winter period identified at § 56.100 (relating to winter termination procedures), the original grounds for terminations may be revived if a 10-day termination notice was previously issued to the ratepayer. Utilities may proceed with termination as provided in paragraphs (1) and (2) [Upon] upon the failure to timely appeal from or comply with [a]:
(1) A utility company report required by § 56.151 (relating to [the] general rule)[,].
(2) [an] An informal complaint report required by § 56.161 (relating to general rule; time for filing)[, or].
(3) [an] An order from a formal complaint [under § 56.173 (relating to formal complaint procedures other than appeals from mediation decisions of the Bureau of Consumer Services), the original grounds for termination shall be revived and the].
(4) A company negotiated payment or settlement agreement if a customer fails during the first 120 days to maintain the agreement and this failure reflects payments of less than 50% of the overdue balance during this same time period.
(b) The utility may not be required to give further written notice so long as within 10 business days of the failure to appeal or comply with subsection (a):
(1) The ratepayer is personally contacted as described in § 56.93(1), (2) or (3) (relating to personal contact), at least 3 days prior to termination; if the utility is unable to make personal contact as described in § 56.93(1), (2) or (3), it shall proceed with the posting procedure described in § 56.95 (relating to deferred termination when no prior contact).
* * * * *
EMERGENCY PROVISIONS § 56.114. Length of postponement; renewals.
Service may not be terminated for the time period specified in a medical certification; the maximum length of the certification shall be 30 days.
* * * * * (2) Renewals. Certifications may be renewed in the same manner and for the same time period as provided in §§ 56.112 and 56.113 (relating to postponement of termination pending receipt of certificate; and medical certifications) and this section if the ratepayer has met the obligation under § 56.116 (relating to duty of ratepayer to pay bills). In instances where a ratepayer has not met the obligation at § 56.116 to equitably make payments on all bills, the number of renewals is limited to two thirty-day certifications. If a utility wishes to contest the renewal, it shall follow § 56.118(3) (relating to the right of utility to petition the Commission).
[TERMINATION AT RESIDENTIAL DWELLINGS WHERE SERVICE IS IN THE NAME OF THE LANDLORD] § 56.121. [Notices before terminating service to landlord-ratepayer] (Reserved).
[(a) Nonpayment of charges. Except when required to prevent or alleviate an emergency as defined by the Commission or except in the case of danger to life or property, before termination of service to a landlord-ratepayer for nonpayment of charges, a public utility shall comply with the following:
(1) Notify the landlord-ratepayer of the proposed termination, in writing, as prescribed in § 56.123 (relating to delivery and contents of termination notice to the landlord-ratepayer) at least 37 days before the date of termination of service.
(2) Notify the following agencies which serve the community in which the affected premises are located, in writing, at the time of delivery of notice to the tenants of the proposed termination of service:
(i) The Department of Licenses and Inspections of any city of the first class.
(ii) The Department of Public Safety of any city of the second class, second class A or third class.
(iii) The city or county public health department or, in the event that such a department does not exist, the Department of Health office responsible for that county.
(iv) The grantees of emergency energy funds from the Department of Public Welfare or Department of Community Affairs.
(3) Notify each dwelling unit reasonably likely to be occupied by an affected tenant of the proposed termination, in writing, as prescribed in § 56.124 (relating to delivery and contents of first termination notice to tenants) at least 7 days after the notice to the landlord-ratepayer under this section and at least 30 days before the termination of service. If within 7 days of the receipt of the notice issued under paragraph (1), the landlord-ratepayer files a complaint with the Commission disputing the right of the utility to terminate service, the notices to tenants may not be rendered until the complaint has been adjudicated by the Commission.
(b) Discontinuance of service. Before a discontinuance of service by a public utility to a landlord-ratepayer one of the following shall be met:
(1) The landlord-ratepayer shall state in a form bearing his notarized signature that the affected dwelling units are unoccupied or that the tenants affected by the proposed discontinuance have consented, in writing, to the proposed discontinuance, which form shall conspicuously bear a notice that the information provided by the landlord-ratepayer will be relied upon by the Commission in administering a system of uniform service standards for public utilities and that false statements are punishable criminally.
(2) The tenants affected by the proposed discontinuance shall inform the utility orally or in writing of their consent to the discontinuance.
(3) The landlord-ratepayer shall provide the utility with the names and addresses of the affected tenants under § 56.122 (relating to request to landlord-ratepayer to identify tenants) and the utility shall notify the community service agencies and each dwelling unit under this section and § 56.124.
(c) Rights of tenants. Under the discontinuance procedures of subsection (b)(3), the tenant shall have the rights provided in § 56.125 (relating to right of tenants to continued service).]
§ 56.122. [Request to landlord-ratepayer to identify tenants] (Reserved).
[(a) Duty of landlord. Upon receiving a lawful request for the names and addresses of the affected tenants under this subchapter, the landlord-ratepayer shall provide the utility or Commission with the name and address of every affected tenant of any residential building or mobile home park for which the utility is proposing to discontinue or terminate service unless within 7 days of receipt of the notice the landlord-ratepayer pays the amount due the utility or makes an arrangement with the utility to pay the balance.
(b) Time for providing information. The information shall be provided by the landlord-ratepayer:
(1) Within 7 days of receipt of the notice to the landlord-ratepayer required by § 56.121 (relating to notices before terminating service to landlord-ratepayer).
(2) Within 3 days of an adjudication by the Commission that the landlord-ratepayer shall provide the requested information if the landlord files a complaint with the Commission within 7 days of receipt of the notice to the landlord disputing the right of the utility to terminate service.
(c) Duty of public utility. It shall be the duty of a public utility to pursue an appropriate legal remedy it has in order to obtain from the landlord-ratepayer the names and addresses of affected tenants of a residential building for which the utility is proposing discontinuance or termination of service to the landlord-ratepayer. The Commission may order the public utility to obtain the information from the landlord-ratepayer.]
§ 56.123. [Delivery and contents of termination notice to the landlord-ratepayer] (Reserved).
[(a) General rule. In addition to other requirements of this chapter for a notice or termination notice the notice required to be given to a landlord-ratepayer under § 56.121 (relating to notices before terminating service to landlord-ratepayer) shall contain the following information:
(1) The amount owed the utility by the landlord-ratepayer for each affected account.
(2) The date on or after which the service will be terminated.
(3) The date on or after which the company will notify tenants of proposed termination of service and of their rights under § 56.125 (relating to right of tenants to continued service) and 66 Pa.C.S. §§ 1529 and 1531 (relating to right of tenant to recover payments; and retaliation by landlord prohibited).
(4) The obligation of the landlord-ratepayer under § 56.122 (relating to request to landlord-ratepayer to identify tenants) to provide the utility with the names and addresses of every affected tenant, to pay the amount due the utility, or to make an arrangement with the utility to pay the balance, including a statement:
(i) That the list shall be provided or payment or arrangements shall be made within 7 days of receipt of the notice.
(ii) Of the penalties and liability which the landlord-ratepayer may incur under 66 Pa.C.S. § 1532 (relating to penalties), by failing to comply.
(5) The right of the landlord-ratepayer to stay the notification of the tenants by filing a complaint with the Commission disputing the right of the utility to terminate service.
(b) Service of notice. Any of the following procedures shall constitute effective notice to the landlord under subsection (a):
(1) Notice by certified mail if the utility receives a return receipt signed by the landlord-ratepayer or his agent.
(2) Notice by personal service on the landlord-ratepayer or his agent.
(3) After unsuccessful attempts at personal delivery on 2 separate days, notice by first class mail and conspicuously posting at the landlord-ratepayer's principal place of business, the business address which the landlord provided the utility as the address for receiving communications or the landlord's residence.]
§ 56.124. [Delivery and contents of first termination notice to tenants] (Reserved).
[(a) General rule. The notice required to be given to a tenant under § 56.121 (relating to notices before terminating services to landlord-ratepayer) shall be mailed or otherwise individually hand delivered to the address of each affected tenant by unit number is possible and shall contain the following information:
(1) The date on which the notice is rendered.
(2) The date on or after which service will be discontinued or terminated.
(3) The bill for the billing period immediately preceding the notice to the tenants.
(4) The circumstances under which service to the affected tenants may be continued which shall be in the following form:
NOTICE TO TENANTS
YOUR UTILITIES MAY BE SHUT OFF
PLEASE READ THIS NOTICE ABOUT YOUR RIGHTSTHIS NOTICE DOES NOT APPLY TO ANY UTILITY SERVICE NOW IN YOUR NAME AND FOR WHICH YOU ALREADY PAY THE BILL.
THE [NAME OF THE UTILITY AND TYPE OF SERVICE] BILL FOR YOUR BUILDING HAS NOT BEEN PAID. YOUR [TYPE OF SERVICE] WILL BE SHUT OFF ON OR AFTER [] UNLESS THIS BILL IS PAID.
AS A TENANT YOU HAVE THE FOLLOWING RIGHTS: 1. You can join with the other tenants to pay the utility bill for the last thirty (30) days preceding this notice, or you can pay the total bill yourself. If you pay either way, you do not have to pay a deposit or get credit granted in your name. You will not have to pay your landlord's other debts or the debts of prior tenants, and utility service will remain in the name of the landlord.
2. You may deduct your payment to the utility company from your rent due now or from future rent. The utility company will tell your landlord how much you paid for that utility service.
3. If your building has one meter for more than one tenant, the utility bill is for all tenants and must be paid in full. If you only pay part of the last monthly billing, your utility service will be shut off and the utility company will return your money.
4. Your landlord cannot punish you if you pay the utility bill. Your landlord cannot raise your rent, cannot evict you, and cannot take action against you in any other way for paying the utility bill and deducting it from the rent. You have a right to recover money damages from the landlord for any damages or injury he causes you for exercising your rights as a result of this Notice.
5. You can get your utility service billed in only your name if your unit has its own meter. Or, you can get your own service if a meter can be put in with only a few changes in pipes, wires, and land. Please call the utility company if you want further information.
6. Payments must be made by check or money order to the company. The utility will tell your landlord how much you paid for service.
7. You will be told that the shut-off is cancelled if your landlord pays the bills.
First, if you have any questions about your rights and responsibilities, please telephone your utility company at [ ]. If, after discussing your problem with the utility you remain dissatisfied, call the Public Utility Commission at 1-800-692-7380 or write Service Termination Mediation Unit, Bureau of Consumer Services, Public Utility Commission, P. O. Box 3265, Harrisburg, Pennsylvania, 17120. YOU SHOULD CALL OR WRITE BEFORE THE TERMINATION DATE.
(b) Information posted by utility. The information in subsection (a) shall be posted by the utility in those common areas of the residential building or mobile home park where it is reasonably likely to be seen by the affected tenants. Any officer or employe of the utility may, at any reasonable time, enter the common hallways and common areas of such building for the purpose of complying with this section.]
§ 56.125. [Right of tenants to continued service] (Reserved).
[(a) Application for continued service. At any time before or after service has been discontinued or terminated by a public utility, the affected tenants may apply to the utility to have service continued or resumed.
(b) Payment of charges by tenants. A public utility may not discontinue or terminate service or shall promptly resume service previously discontinued or terminated if it receives from the tenants an amount equal to the bill of the landlord-ratepayer for the 30 days preceding the notice to the tenants. Thereafter, the utility shall notify each tenant of the total amount of the bill for the second and each succeeding billing period; and, if the tenants fail to make payment of a bill within 30 days of the delivery of the notice to tenants, the utility may commence termination procedures consistent with this chapter; however, no termination may occur until 30 days after each tenant has received written notice of the proposed termination in addition to the other notice provisions required under § 56.126 (relating to additional notice procedures prior to termination). Payments of charges by tenants to the utility on account of nonpayment by the landlord-ratepayer shall be made by check or money order drawn by the tenant to the order of the utility.
(c) Delivery of termination notices. Termination notices issued under this section shall be individually mailed to each affected tenant by first class mail or individually hand-delivered to the address of each affected tenant by unit number if possible and shall contain information required under § 56.2 (relating to definitions).
(d) Disposition of payment by utility. Upon receiving a payment the utility shall notify the landlord-ratepayer who is liable for the utility service of the amount paid by a tenant and the amount credited to the landlord's bill for each tenant under subsection (b). If the tenants fail to satisfy the requirements of subsection (b) to maintain or restore service and service to the affected dwelling unit is terminated, the utility shall refund to each tenant the amount paid by the tenant toward the bill which the tenants failed to pay, either upon the request of the tenants or after holding the tenants' payment during 60 consecutive days of terminated service, whichever occurs first.
(e) Agreement for individual service. A tenant of a residential building or mobile home park who has been notified of a proposed termination of utility service, under § 56.121 (relating to notices before terminating service to landlord-ratepayer) shall have the right to agree to subscribe for future service individually if this can be accomplished without a major revision of distribution facilities or additional right-of-way acquisitions.]
§ 56.126. [Additional notice procedures prior to termination] (Reserved).
[At least 10 days prior to a proposed termination under §§ 56.121--56.125, the utility shall again conspicuously post and hand-deliver notice of the termination at the affected dwelling. If possible, the notices shall be posted in common areas of the dwelling and individually hand-delivered to the address of each affected tenant by unit number.
(1) Notices under this section shall contain the information and be in the form prescribed by § 56.124 (relating to delivery and contents of first termination notice to tenants) for terminations under § 56.121 (relating to notices before terminating service to landlord-ratepayer).
(2) Notices under this section shall contain the information required in § 56.125(c) for terminations under § 56.125(b).]
FOLLOW-UP RESPONSES § 56.135. Follow-up response to inquiry.
When a customer is waiting for a follow-up response to an inquiry under § 56.2 (relating to definitions), termination or threatening termination of service for the subject matter in question shall be prohibited until the follow-up response, and when applicable, subsequent dispute resolution is completed by the utility.
Subchapter F. DISPUTES; TERMINATION DISPUTES; INFORMAL AND FORMAL COMPLAINTS
GENERAL PROVISIONS § 56.142. Time for filing a termination dispute or informal complaints.
To be timely filed, a termination dispute--which may not include disputes under §§ 56.35 and 56.191 (relating to payment of outstanding balance; and general rule)--and informal complaints shall be filed prior to the [actual termination of service] day on which the utility arrives to terminate service. If the utility arrives to terminate service and posts a deferred termination notice in lieu of termination or otherwise fails to terminate service, then the time for filing a termination dispute or informal complaint shall be extended until the end of the business day prior to the utility again arriving to terminate service.
UTILITY COMPANY DISPUTE PROCEDURES § 56.151. General rule.
Upon initiation of a dispute covered by this section, the utility shall:
* * * * * (5) Within 30 days of the initiation of the dispute, issue its report to the complaining party[;]. [the reports shall be in writing and shall be sent to the complaining party if requested]
(i) If the informal complainant is not satisfied with the dispute resolution, the utility company report shall be in writing and conform to § 56.152 (relating to contents of the utility company report). In these instances, the written report shall be sent to the complaining party if requested or if the utility deems it necessary.
(ii) If, however, the complaining party is satisfied with the orally conveyed dispute resolution, the written utility company report may be limited to the information at § 56.152(1) and (2) and, if applicable, § 56.152(7)(ii) or (8)(ii).
(iii) If the complaining party expresses satisfaction but requests a written report, the report shall conform with § 56.152, in its entirety.
§ 56.152. Contents of the utility company report.
A utility company report shall include the following:
* * * * * (6) A full and complete explanation of procedures for filing an informal complaint with the Commission [including]. See § 56.162 (relating to informal complaint filing procedures). If a written report is not requested by the complaining party or deemed necessary by the utility, the utility shall provide the information at § 56.162(1), (2) and (5). In addition, the utility should always provide the telephone number and address of the [nearest regional] office of the Commission where an informal complaint may be filed.
* * * * *
INFORMAL COMPLAINT PROCEDURES § 56.162. Informal complaint filing procedures.
An informal complaint may be filed orally or in writing and shall include the following information:
(1) The name and address of the ratepayer and, if different, the address at which service was provided.
(2) The [address] telephone number of the ratepayer [and, if different, the address at which service provided].
* * * * *
Subchapter G. RESTORATION SERVICE § 56.191. General rule.
(a) When service to a dwelling has been terminated, the utility shall reconnect service by the end of the first full working day after receiving one of the following:
(1) Full payment of an outstanding charge plus a reasonable reconnection fee. Outstanding charges and the reconnection fee may be amortized over a reasonable period of time. Factors to be taken into account shall include[, but not be limited to,] the size of the unpaid balance, the ability of the ratepayer to pay, the payment history of the ratepayer, and the length of time over which the bill accumulated[; or].
(2) Payment of amounts currently due according to a settlement or payment agreement, plus a reasonable reconnection fee, which may be a part of the settlement or payment agreement[; or]. The utility, if warranted, may request a higher amount than the current amount due according to a settlement or payment agreement, but only after reviewing the factors outlined in paragraph (1), and after considering the number of defaulted agreements, including informal and formal complaint decisions.
(3) Adequate assurances that any unauthorized use or practice will cease, plus full payment of the reasonable reconnection fee of the utility, which may be subject to a payment agreement[; and].
(b) When service to a dwelling has been terminated, the utility shall reconnect service by the end of the first full working day after receiving[:
(4) Compliance] compliance or adequate assurance of compliance with an applicable provision for the establishment of credit or the posting of deposits or guarantees.
Subchapter H. PUBLIC INFORMATION PROCEDURES; RECORD MAINTENANCE § 56.202. Record maintenance.
A utility shall preserve for [a period of] at least 2 years written or recorded disputes and complaints[,]. If a company maintains a record of a final account balance to possibly request payment of the outstanding balance in accordance with § 56.35 (relating to payment of outstanding balance), records shall be maintained for the period of time covering the accrual of the unpaid debt. The utility shall keep the records within this Commonwealth at an office located in the territory served by it, and shall make the records available for examination by the Commission or its staff. Information to be maintained shall include the following:
* * * * *
Subchapter I. INFORMAL COMPLAINTS § 56.211. Informal complaints.
(a) The Bureau of Consumer Services (Bureau) will have primary jurisdiction over ratepayer, applicant or occupant complaints arising under this chapter. The Bureau [of Consumer Services], through its Director and with the concurrence of the Commission, shall establish appropriate internal procedures to implement [the provisions of] this chapter.
(b) The Bureau should only handle those Chapter 56 informal complaints in which the customer first attempted to resolve the matter with the utility. The Bureau should initiate an investigation only after the customer and the utility have unsuccessfully attempted to resolve the dispute.
[Pa.B. Doc. No. 96-1011. Filed for public inspection June 21, 1996, 9:00 a.m.]
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