Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 488 (January 27, 2024).

52 Pa. Code § 56.94. Procedures immediately prior to termination.

§ 56.94. 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.

   (3)  Dishonorable tender of payment after receiving termination notice. After a public utility has provided a written termination notice under §  56.91 (relating to general notice provisions and contents of termination notice) and attempted contact as provided in §  56.93 (relating to personal contact), termination of service may proceed without additional notice when:

     (i)   A customer tenders payment which is subsequently dishonored under 13 Pa.C.S. §  3502 (relating to dishonor).

     (ii)   A customer tenders payment with an access device, as defined in 18 Pa.C.S. §  4106(d) (relating to access device fraud), which is unauthorized, revoked or canceled.

     (iii)   A customer tenders payment electronically that is subsequently dishonored, revoked, canceled or is otherwise not authorized and which has not been cured or otherwise paid in full within 3 business days of the public utility’s dishonored payment notice to the customer under §  56.93(a).

Authority

   The provisions of this §  56.94 amended under the Public Utility Code, 66 Pa.C.S. § §  331, 501, 504, 1301, 1305, 1401—1419, 1501, 1504 and 1509.

Source

   The provisions of this §  56.94 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; amended April 8, 1983, effective April 9, 1983, 13 Pa.B. 1250; amended September 14, 1984, effective September 15, 1984, 14 Pa.B. 3364; amended October 7, 2011, effective October 8, 2011, 41 Pa.B. 5473; amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial pages (358979) to (358980).

Cross References

   This section cited in 52 Pa. Code §  56.11 (relating to billing frequency); 52 Pa. Code §  56.16 (relating to tranfer of accounts); 52 Pa. Code §  56.81 (relating to authorized termination of service); 52 Pa. Code §  56.91 (relating to general notice provisions and contents of termination notice); 52 Pa. Code §  56.95 (relating to deferred termination when no prior contact); 52 Pa. Code §  56.100 (relating to winter termination procedures); 52 Pa. Code §  56.117 (relating to termination upon expiration of medical certification); 52 Pa. Code §  56.118 (relating to right of public utility to petition the Commission); and 52 Pa. Code §  56.164 (relating to termination pending resolution of the dispute).



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