CHAPTER
Puc 1200
UNIFORM ADMINISTRATION OF UTILITY CUSTOMER RELATIONS
PART
Puc 1201
PURPOSE AND SCOPE OF RULES
Puc
1201.01 Purpose. The purpose of these rules is to simplify and
standardize the administrative processes by which customers and utilities interact
in order to increase the level of information and
protection provided to both and ensure, as far as is possible, the equal
application of these rules by all utilities.
Source. #2011, eff 5-4-82; ss by #2912, eff 11-26-84,
EXPIRED: 11-26-90
New. #6245, eff 5-14-96; ss by #8075, INTERIM, eff
4-29-04, EXPIRES: 10-26-04; ss by #8192, eff 10-22-04; ss by #9990, eff 9-16-11;
ss by #13031, eff 6-9-20
Puc
1201.02 Scope of Rules. With the exception of
Puc 1204 and where otherwise noted, these rules shall
apply to any public utility providing electric, gas, sewer, or water service to
the public in the state of New Hampshire excluding limited electrical energy
producers as defined in RSA 362‑A.
With the exception of Puc
1203.07, Puc 1203.11, Puc
1203.12, Puc 1203.16, Puc
1204.01, Puc 1204.02, Puc
1204.03, Puc 1204.04, Puc
1204.05 and Puc 1205, these rules shall not apply to
rural electric cooperatives for which a certificate of deregulation is on file
with the commission.
Source. #2011, eff 5-4-82; ss by #2912, eff 11-26-84,
EXPIRED: 11-26-90
New. #6245, eff 5-14-96; ss by #8075, INTERIM, eff
4-29-04, EXPIRES: 10-26-04; ss by #8192, eff 10-22-04; ss by #9990, eff 9-16-11;
ss by #13031, eff 6-9-20
PART Puc 1202 DEFINITIONS
Puc
1202.01 "Arrearage" means any
amount due to the utility for utility service which remains unpaid after the due
date printed on the original bill.
Source. #6245, eff 5-14-96; ss by #8075, INTERIM, eff
4-29-04, EXPIRES: 10-26-04; ss by #8192, eff 10-22-04; ss by #9990, eff 9-16-11;
ss by #13031, eff 6-9-20
Puc 1202.02 "Commission" means the New
Hampshire public utilities commission.
Source. #6245, eff 5-14-96;
ss by #8075, INTERIM, eff 4-29-04, EXPIRES: 10-26-04; ss by #8192, eff 10-22-04;
ss by #9990, eff 9-16-11; ss by #13031, eff 6-9-20 (formerly Puc 1202.03)
Puc 1202.03 "Complaint" means an expression of
dissatisfaction by a customer which the utility has failed to resolve to the
customer's satisfaction after the intervention of a supervisory employee of the
utility or after the customer has requested such intervention.
Source. #6245, eff 5-14-96;
ss by #8075, INTERIM, eff 4-29-04, EXPIRES: 10-26-04; ss by #8192, eff 10-22-04;
ss by #9990, eff 9-16-11; ss by #13031, eff 6-9-20 (formerly Puc 1202.04)
Puc 1202.04 "Conference" means a meeting held
in person or by telephone in which the customer, utility and commission staff participate.
Source. #6245, eff 5-14-96;
ss by #8075, INTERIM, eff 4-29-04, EXPIRES: 10-26-04; ss by #8192, eff 10-22-04;
ss by #9990, eff 9-16-11; ss by #13031, eff 6-9-20 (formerly Puc 1202.05)
Puc 1202.05 "Current bill" means the amount of
money due to the utility for utility service, including all applicable state and
federal taxes, rendered in the most recent billing period.
Source. #6245, eff 5-14-96;
ss by #8075, INTERIM, eff 4-29-04, EXPIRES: 10-26-04; ss by #8192, eff 10-22-04;
ss by #9990, eff 9-16-11; ss by #13031, eff 6-9-20 (formerly Puc 1202.06)
Puc 1202.06 "Customer" means any person, firm,
partnership, corporation, cooperative marketing association, tenant,
governmental unit, or a subdivision of a municipality, or the State of New
Hampshire, who has contracted for electric, gas, sewer
or water service from a utility.
Source. #6245, eff 5-14-96;
ss by #8075, INTERIM, eff 4-29-04, EXPIRES: 10-26-04; ss and moved by #8192,
eff 10-22-04 (from Puc 1202.05); ss by #9990, eff
9-16-11; ss by #13031, eff 6-9-20 (formerly Puc 1202.047
Puc 1202.07 "Disconnection" means a
technological function which occurs when a customer is physically or effectively
separated or shut off from a utility service.
Source. #6245, eff 5-14-96;
ss by #8075, INTERIM, eff 4-29-04, EXPIRES: 10-26-04; ss and moved by #8192,
eff 10-22-04 (from Puc 1202.06); ss by #9990, eff
9-16-11; ss by #13031, eff 6-9-20 (formerly Puc 1202.08)
Puc 1202.08 "Due date" means the date no less
than 25 calendar days from the bill date when the bill is sent electronically
or via first class mail.
Source. #6245, eff 5-14-96;
ss by #8075, INTERIM, eff 4-29-04, EXPIRES: 10-26-04; ss and moved by #8192,
eff 10-22-04 (from Puc 1202.07); ss by #9990, eff
9-16-11; ss by #13031, eff 6-9-20 (formerly Puc 1202.09)
Puc 1202.09 "Financial hardship" means a
residential customer has provided the utility with evidence of current enrollment of the customer or the customer’s
household in the Low Income Home
Energy Assistance Program, the Electric Assistance Program, the Gas Residential
Low Income Assistance Program, the Neighbor Helping Neighbor Program, their
successor programs, or any other federal, state or local government program or
government funded program of any social service agency which provides financial
assistance or subsidy assistance for low income
households based upon a written determination of household financial
eligibility.
Source. #6245, eff 5-14-96;
ss by #8075, INTERIM, eff 4-29-04, EXPIRES: 10-26-04; ss and moved by #8192,
eff 10-22-04 (from Puc 1202.08); ss by #9990, eff
9-16-11; ss by #13031, eff 6-9-20 (formerly Puc 1202.10)
Puc 1202.10 "Late payment" means any payment
made to the utility or its authorized agent after the due date printed on the
bill.
Source. #6245, eff 5-14-96;
ss by #8075, INTERIM, eff 4-29-04, EXPIRES: 10-26-04; ss by #8192, eff 10-22-04);
ss by #9990, eff 9-16-11; ss by #13031, eff 6-9-20 (formerly Puc 1202.11)
Puc 1202.11 "Medical emergency" means a
situation where a utility customer or member of the customer’s household has a
physical or mental health condition that would become a danger to the
customer’s or household member’s physical or mental health in the absence of
utility service as certified to the utility by a licensed physician, advanced
practice registered nurse, physician’s assistant or mental health practitioner
as defined in RSA 330-A:2, VII.
Source. #6245, eff 5-14-96;
ss by #8075, INTERIM, eff 4-29-04, EXPIRES: 10-26-04; ss and moved by #8192,
eff 10-22-04 (from Puc 1202.09); ss by #9990, eff
9-16-11; ss by #13031, eff 6-9-20 (formerly Puc 1202.12)
Puc 1202.12 "Meter" means a device installed by
a utility to measure the amount of use.
Source. #6245, eff 5-14-96;
ss by #8075, INTERIM, eff 4-29-04, EXPIRES: 10-26-04; ss by #8192, eff 10-22-04);
ss by #9990, eff 9-16-11; ss by #13031, eff 6-9-20; ss by #13031, eff 6-9-20 (formerly
Puc 1202.13)
Puc 1202.13 "Prime rate" means the rate reported
in the Wall Street Journal on the first business day of the month preceding the
beginning of each calendar quarter, or the average of the rates so reported on
that day.
Source. #6245, eff 5-14-96;
ss by #8075, INTERIM, eff 4-29-04, EXPIRES: 10-26-04; ss and moved by #8192,
eff 10-22-04 (from Puc 1202.10); ss by #9990, eff
9-16-11; ss by #13031, eff 6-9-20; ss by #13031, eff 6-9-20 (formerly Puc 1202.14)
Puc 1202.14 "Tariff" means the current schedule
of rates, charges, terms and conditions filed by a
utility and either approved by the commission or effective by operation of law.
Source.
#6245, eff
5-14-96; ss by #8075, INTERIM, eff 4-29-04, EXPIRES: 10-26-04; ss and moved by
#8192, eff 10-22-04 (from Puc 1202.11); ss by #9990,
eff 9-16-11; ss by #13031, eff 6-9-20 (formerly Puc
1202.15)
Puc 1202.15 "Termination" means a bookkeeping function
which occurs when a customer account is closed permanently.
Source. #6245, eff 5-14-96;
ss by #8075, INTERIM, eff 4-29-04, EXPIRES: 10-26-04; ss and moved by #8192,
eff 10-22-04 (from Puc 1202.12); ss by #9990, eff
9-16-11; ss by #13031, eff 6-9-20 (formerly Puc 1202.16)
Puc 1202.16 "Undue delay" means more than 3
business days from the later of the date by which the customer complies with
all application requirements or the date for which service was requested,
except during severe storms, heavy seasonal activity, and other similar
unforeseeable circumstances.
Source. #6245, eff 5-14-96;
ss by #8075, INTERIM, eff 4-29-04, EXPIRES: 10-26-04; ss and moved by #8192,
eff 10-22-04 (from Puc 1202.13); ss by #9990, eff
9-16-11; ss by #13031, eff 6-9-20 (formerly Puc 1202.17)
Puc 1202.17 "Utility" means every electric,
gas, sewer, and water individual or business entity determined to be a public
utility under New Hampshire statutes, and every municipal authority furnishing
any of the above services outside its municipal boundaries excluding those
municipalities exempted from regulation by RSA 362:4.
Source. #8192, eff 10-22-04
(from Puc 1202.14); ss by #9990, eff 9-16-11; ss by #13031, eff 6-9-20 (formerly
Puc 1202.18)
Puc
1202.18 "Utility service" means
the provision of electric, gas, water, or sewer service in accordance with the
terms and conditions of a tariff filed with and approved by the commission, or by a rural
electric cooperative for which a certificate of deregulation is on file with
the commission in accordance with its terms and conditions of service.
Source. #13031, eff 6-9-20
Puc
1202.19 "Winter period" means
the period beginning November 15th and extending up to and including
March 31st.
Source. #8192, eff 10-22-04
(from Puc 1202.64); ss by #9990, eff 9-16-11; ss by #13031, eff 6-9-20 (formerly
Puc 1202.19)
PART Puc 1203 SERVICE PROVISIONS
Puc 1203.01 Initiation of Utility Service.
(a)
The utility may require all applicants for service under a utility's
filed tariff to make application to the utility in writing, in accordance with
the forms prescribed by the utility.
(b)
An applicant for service may initially make an oral application for
service. If the utility requires written
confirmation as provided for in (a) above, the utility shall require such
written confirmation of the oral application to be made within 10 calendar
days.
(c)
The location to which an applicant requests service shall be:
(1) Within the utility's authorized franchise
area; and
(2) Equipped with existing utility facilities in
compliance with local occupancy requirements.
(d)
The utility shall make reasonable efforts to determine if the applicant
has an outstanding balance with the utility at the time of the applicant’s
request for service.
(e)
An applicant for residential service shall not be held responsible for
an outstanding balance incurred in the name of someone other than the applicant
unless:
(1) The applicant and the individual in whose
name the balance was incurred resided together at the time the balance was incurred;
and
(2) The applicant and the individual in whose
name the balance was incurred will continue to reside together at the location
for which new service has been requested.
(f)
Notwithstanding (c) (2) above, upon receiving a request for service to a
location where facilities do not exist, all utilities shall provide all
facilities necessary for service, or initiate a request for such facilities,
where the provision of service to the location is economically feasible and the
customer has obtained all necessary easements and permits and paid all applicable
fees under the utility’s tariff, and those facilities shall be exempt from the
timing constraints of Puc 1203.01(h) below.
(g)
The utility may charge for connection of service as specified in its
tariff.
(h)
Upon compliance by an applicant with all application requirements, the utility
shall complete the service connection, where facilities exist which support the
requested service, without undue delay.
(i) At the time a customer contracts for
construction involving the installation or modification of utility services,
the utility shall provide the customer with written or electronic notice
stating that there might be additional charges assessed by other providers for
service requested by the customer from those providers.
(j)
A utility shall not connect service at a rate other than the applicable
tariffed rate or rate schedule unless a special contract for such service is in
effect.
(k) A gas utility shall ask the customer applying
for new service whether the service will be used to heat the location and for
any other information necessary to determine if the appropriate rate will be a
heating or non-heating rate.
(l)
The utility shall not deny service to any otherwise qualified applicant
based upon any of the following characteristics:
(1) Income;
(2) Home ownership;
(3) Race;
(4) Color;
(5) Creed;
(6) Sex;
(7) Gender identity;
(8) Sexual orientation;
(9) Marital status;
(10) Age, with the exception of unemancipated minors;
(11) National origin; or
(12) Disability.
Source. #6245, eff 5-14-96; ss by #8075, INTERIM, eff
4-29-04, EXPIRES: 10-26-04; ss by #8192, eff 10-22-04; ss by #9990, eff 9-16-11;
ss by #13031, eff 6-9-20
Puc 1203.02 Information to Customers.
(a)
Upon receiving a request for new service, the utility shall provide
information as to what might be the most advantageous rate or rates available
to that customer.
(b)
Upon a customer's request, each utility shall provide a written
description of the utility's method of reading meters and deriving billing
therefrom.
(c)
All utilities that file an application with the commission for a general
rate change shall send to each of its customers a clear and concise statement
of the rate schedules applied for and indicate which schedules are applicable
to that customer.
(d)
The information required to be distributed to customers under (c) above
shall be distributed no later than 45 calendar days from the date of filing.
(e)
Upon application for service and no less frequently than annually, each
customer shall be provided with the existing rate schedules or notified of how
to obtain the existing rate schedules.
(f)
If a utility provides the existing rate schedules in (e) above, the rate
schedules shall be provided using one of the following methods:
(1) Bill insert; or
(2) Separate mailing.
(g) If a utility provides notice of how to obtain
rate schedules in (e) above, notice shall be provided using one of the following
methods:
(1) Bill message;
(2) Bill insert; or
(3) Separate mailing
(h)
Gas and electric utilities shall indicate in the statements required by
(e) above:
(1) Whether the rate schedules are subject to any
periodic rate adjustment clause; and
(2) The frequency with which rates under these
clauses are subject to change.
(i) The statements required by (c) and (e) above
shall include the toll-free number of the commission's consumer division.
(j)
With the exception of sewer utilities, each utility shall provide notice
on or with customer bills no less frequently than 2 times a year regarding
medical emergency certification. The
notice shall be consistent with the statement contained in Puc
1203.11(b)(2)l.
(k)
All information required under Puc 1203.02
shall also be provided in a particular foreign language when 25% or more of the
population within the utility's franchise area speaks that particular
foreign language as its primary language. The determination of the percentage shall be
made by the commission based upon data obtained from the state agency
responsible for maintaining the state data center.
(l)
Electric and gas utilities shall provide residential customers with
copies of the commission-prepared pamphlet "Consumers' Rights and
Responsibilities" in the following manner:
(1) The pamphlet shall be available and displayed
prominently on the website of each electric and gas utility;
(2) Printed copies of the pamphlet shall be available
and provided to any person requesting a copy at no charge;
(3) Notice that the pamphlet is available on the
utility website and in printed form shall be provided a minimum of 3 times each
year in or on all residential bills;
(4) The cost of printing and distributing the
pamphlets shall be borne by the gas and electric utilities in percentage
amounts equal to the ratio representing the individual utility's gross revenues
compared to the total gross revenues for all gas and electric utilities; and
(5) A gas or electric utility's decision to
independently incur additional costs to distribute copies or provide notice of
the pamphlet's availability more frequently than required by these rules shall
be deemed by the commission an appropriate expense of doing business.
(m) Water and sewer utilities shall provide
residential customers with notice of the commission-prepared pamphlet
"Consumers' Rights and Responsibilities" in the following manner:
(1) The pamphlet shall be available and displayed
prominently on the website of each water and sewer utility if the utility maintains
a website; and
(2) Notice that the pamphlet is available on the
commission’s website, and the utility website where applicable, shall be
provided a minimum of 2 times each year in or on all residential bills.
Source. #6245, eff 5-14-96; ss by #8075, INTERIM, eff
4-29-04, EXPIRES: 10-26-04; ss by #8192, eff 10-22-04; ss by #9990, eff 9-16-11;
ss by #13031, eff 6-9-20
Puc
1203.03 Deposits.
(a)
As a condition of new residential service, a utility may require a
deposit, or a written guarantee or direct debit account as provided for in (i) below, in the following circumstances:
(1) When the customer has an undisputed overdue
balance, incurred within the last 3 years, on a prior account with the utility
or any similar type of utility, as described in (c) below;
(2) When any utility has successfully obtained a
judgment against the customer during the past 2 years for non-payment of a
delinquent account for utility service;
(3) When the utility has disconnected the
customer's service within the last 3 years because the customer interfered
with, or diverted, the service of the utility situated on or about the
customer's premises; or
(4) When the customer is unable to provide
satisfactory evidence to the utility that he or she intends to remain at the
location for which service is being requested for a period of 12 consecutive
months, as described in (b) below, unless he or she provides satisfactory
evidence that he or she has not been delinquent in his or her similar utility
service accounts for a period of 12 months, as described in (b) below, in which
case no deposit shall be required.
(b)
For purposes of (a)(4) above, the following shall apply:
(1) Satisfactory evidence of intent shall consist
of a copy of the customer's deed, lease or letter from a landlord and shall be
provided within 30 days of the deposit request; and
(2) Satisfactory
evidence of non-delinquency shall consist of written statements by a representative
of the similar utility service.
(c) For purposes of (a) and (b) above, the
following utilities shall be considered to be similar
utilities:
(1) For electric utilities, gas or electric utilities;
(2) For gas utilities, gas
or electric utilities:
(3) For water utilities, water utilities; and
(4) For sewer utilities, sewer utilities.
(d)
A utility’s request for a deposit, as a condition of new residential
service, shall be made within 30 calendar days of initiating new service.
(e)
As a condition of existing residential service, a utility may require a
deposit or a written guarantee or a direct debit account as provided for in (i) below, in the following circumstances:
(1) When the customer has received the following
number of disconnect notices for nonpayment from the utility within a 12 month period:
a. For customers billed monthly, 4 disconnect
notices; and
b. For customers billed quarterly, 2 disconnect notices;
(2) When the customer's service has been
disconnected for non‑payment of a delinquent account;
(3) When the utility has disconnected the
customer's service because the customer interfered with, or diverted, the
service of the utility situated on, or delivered on or about, the customer's
premises; or
(4) When the customer has filed for bankruptcy
and listed the utility as a creditor under the filing, and the filing has been accepted,
in which case the deposit requirement shall be in accordance with 11 U.S.C.
366.
(f)
As a condition of any service other than residential service, a utility
may require a deposit.
(g)
As part of any residential deposit request, the utility shall inform the
customer, orally and in writing, of the following:
(1) That the deposit shall be waived if the
customer provides evidence of financial hardship unless the customer has
previously interfered with, or diverted, the service of the utility situated
on, or delivered on or about, the customer's premises;
(2) That a customer claiming financial hardship
shall present evidence of financial hardship to the utility on an annual basis;
and
(3) The option to provide a third‑party
guarantee in lieu of a deposit pursuant to (i)(1)
below or, if offered by the utility, establish a direct debit account in lieu
of a deposit pursuant to (i)(2).
(h)
As part of any deposit request to a customer other than a residential
customer, the utility shall inform the customer, orally and in writing, of the
option to provide a third-party guarantee in lieu of deposit pursuant to (i)(1) below, or, if offered by the utility, establish a
direct debit account pursuant to (i)(2) below in lieu
of a deposit.
(i) In lieu of a deposit, a utility shall:
(1) Accept the irrevocable written guarantee of a
responsible party such as a social service organization, a municipal welfare
agency, a bank, or a customer in good standing of the utility as a surety for a
customer service account. For purposes
of this subparagraph, "customer in good standing" means a customer
who has not received any disconnection notices during the preceding 12 months;
or
(2) With the agreement of both the utility and
the customer, establish a direct debit account whereby the customer’s payment
shall be automatically debited from his or her bank account each month.
(j)
Any irrevocable written guarantee referenced in (i)(1)
above shall:
(1) Be in writing;
(2) Include the maximum amount guaranteed; and
(3) Specify that the utility shall not hold the
guarantor liable for the sums in excess of the maximum
amount guaranteed unless agreed to in a separate written agreement.
(k)
The responsible party assuring the guarantee referenced in (i)(1) above shall be released from liability and no further
deposit shall be required from the customer at the point in time when all bills
have been paid without delinquency for 12 consecutive months for a residential
customer and 24 consecutive months for a non‑residential customer.
(l)
When a direct debit account is established in lieu of a deposit in
accordance with (i)(2) above, the utility shall have
the right to go back to the customer and request a deposit if the automatic
withdrawal from the customer’s account fails for 2 successive months as a result of insufficient funds in the customer’s bank
account.
(m)
Any deposit required pursuant to Puc 1203.03
shall be subject to the following terms and conditions:
(1) The amount of deposit shall be:
a. No less than $10; and
b. No more than 2 times the average monthly
bill, calculated as described below:
1. For new utility customers, the average
monthly bill shall be determined by estimation based on the following:
(i) Customer
information about the prior customer at that service address; and
(ii) Customer specific characteristics; and
2. For current utility customers, the average monthly
bill shall be based on either:
(i) Actual past bills
from the prior 12 months; or
(ii) If current utility customers have less than
12 months of actual service, the average monthly bill shall be determined
pursuant to 1. above;
(2) All deposits shall accrue simple annual
interest from the date of deposit to the date of termination;
(3) Interest shall accrue at a rate equal to the
prime rate;
(4) When a deposit has been held longer than 12
months, interest shall be credited to the customer's current bill not less than
annually;
(5) The entire deposit plus interest accrued
shall be refunded when all bills have been paid without arrearage for 12
consecutive months for a residential customer and 24 consecutive months for a
non‑residential customer;
(6) With the agreement of the customer, deposits
plus the interest accrued thereon may be applied against the current bills
until the balance of the deposit is exhausted;
(7) Upon termination of service, the deposit plus
interest accrued less any amount due the utility shall be refunded within 60
calendar days of the date of termination;
(8) A utility shall maintain a detailed record of
all deposits received from customers showing:
a. The name of the customer or customers;
b. The location of the service;
c. The date the deposit was made;
d. The amount of the deposit;
e. The amount of interest accrued;
f. The date refunded to the customer; and
g. Any amount credited to the customer's account;
(9) The record required by (8) above shall be
maintained by the utility for a period of 3 years subsequent to refunding the
customer's deposit;
(10) Either by mail or in person, a utility shall
provide each customer with a receipt for any deposit, containing, at a minimum:
a. The name of the customer or customers;
b. The location of the service;
c. The date and amount of the deposit payment;
and
d. A statement of the terms and conditions
governing the receipt, retention, refund, and payment of interest, and the
payment and refund of deposits, pursuant to Puc
1203.03; and
(11) The utility shall offer the customer the
opportunity to pay the deposit in installments as follows:
a. Except as otherwise negotiated pursuant to b.
and c. below, payment shall be in 3 monthly installments with the first payment
due upon demand, the second payment due within 30 calendar days, and the final
payment due within 60 calendar days, provided that:
1. The first payment shall be for no more than
the average monthly bill for utility service calculated as provided in Puc 1203.03(l)(1)b; and
2.
The second and third payments shall be in equal installments of the
remainder due;
b. Nothing shall prohibit the utility from
negotiating payment of the deposit over a period longer than 3 months;
c. Nothing shall prohibit the customer from
negotiating payment of the deposit over a period shorter than 3 months; and
d. Payment of the deposit in installments shall
not relieve the customer of the obligation to pay the current bill in a timely
manner.
(n)
A utility shall not require a residential customer to make a deposit or
furnish a guarantee as a condition of new or continued service based upon
income, home ownership, residential location, race, color, creed, sex, gender
identity, sexual orientation, marital status, age, national origin
or disability and shall make such requirement only in accordance with Puc 1203.03.
(o)
A customer may request a conference with the commission staff within 7
calendar days from receipt of the utility's request for a deposit if he or she
is dissatisfied with a utility's request for deposit.
(p)
Service disconnections resulting from the enforcement of Puc 1203.03 shall be delayed pending commission resolution
of the customer's request for a conference pursuant to (n) above.
(q)
As part of any deposit request, the utility shall inform the customer,
orally and in writing, of his or her rights and responsibilities as described
in (n) above.
Source. #6245, eff 5-14-96; ss by #8075, INTERIM, eff
4-29-04, EXPIRES: 10-26-04; ss by #8192, eff 10-22-04; ss by #9990, eff 9-16-11;
ss by #13031, eff 6-9-20
Puc
1203.04 Meter Reading.
(a)
Utilities which use meters shall read all service meters at regular
intervals and on the corresponding day of each meter reading period insofar as
practicable within regularly scheduled work days.
(b)
Specific rules regarding meter readings for the utilities shall be found
in Puc 300 for electric utilities, Puc 500 for gas utilities, and Puc
600 for water utilities.
Source. #6245, eff 5-14-96; ss by #8075, INTERIM, eff
4-29-04, EXPIRES: 10-26-04; ss by #8192, eff 10-22-04; ss by #9990, eff 9-16-11;
ss by #13031, eff 6-9-20
Puc
1203.05 Implementation of Rate
Changes.
(a)
For purposes of this section, "unbilled
revenues" means under collection of approved rates resulting from failure
on the part of the utility to implement the rate on its effective date.
(b)
Unless a utility petitions the commission for a waiver, all rate changes
implemented as a result of a commission order,
including changes occurring as a result of a default energy service, rate reconciliation,
or cost of gas adjustment proceeding, shall be implemented on the basis of
service rendered on or after the effective date of the approved rate change.
(c)
When petitioning pursuant to Puc 201.05 for a
waiver of the service-rendered basis presumption of (b) above, the utility
shall, in addition to whatever else it might provide in making its petition,
describe how, to the extent applicable, collection of the rate change on an other than service-rendered basis will:
(1) Be less confusing to customers;
(2) Cost less to implement;
(3) Allow the utility to more
closely match its revenue to its expenses; and
(4) Give customers adequate notice of the changes
in rates applicable to their usage.
(d)
In the event of unbilled revenues, a utility may collect the unbilled,
unpaid balance only after:
(1) Providing the commission with the information
listed in (e) below; and
(2) Petitioning in writing for and obtaining
commission authorization.
(e)
A utility seeking approval to collect unbilled revenues shall provide to
the commission in writing, the following:
(1) A description of the failure to bill;
(2) An explanation of why the failure occurred;
(3) The amount of unbilled revenues the utility
is seeking to collect;
(4) The proposed time period over which the
utility proposes to recover the unbilled, unpaid balance and the utility's
rationale for such action;
(5) The impact on the monthly bills of customers;
and
(6) The number and percentage of customers
included in the approved rate change who are affected by the error.
(f)
The commission shall not authorize collection of unbilled revenues
unless it determines that:
(1) The utility's error was inadvertent;
(2) The time period for collection
of the unbilled revenues does not impose undue hardship on ratepayers; and
(3) The proposed collection meets the standards
contained in RSA 378:7.
Source. #6245, eff 5-14-96; ss by #7692, eff 5-25-02;
ss by #8192, eff 10-22-04; ss by #9990, eff 9-16-11; ss by #13031, eff 6-9-20
Puc
1203.06 Bill Forms.
(a)
Bills shall be rendered at regular intervals.
(b)
For utilities providing metered service, bills shall indicate at a
minimum:
(1) The date of the current meter reading;
(2) The current meter reading;
(3) The prior meter reading;
(4) Any applicable penalty date;
(5) The approximate date of the next meter reading;
(6) All factors necessary to compute the charges;
(7) The charges;
(8) The utility's customer service phone number;
(9) A statement that customers should call the
utility regarding billing questions; and
(10)
A statement that customers may call the
commission for further assistance after first attempting to resolve disputes
with the utility, which statement shall include the commission’s toll-free
telephone number.
(c)
For utilities providing non-metered service, bills shall indicate at a
minimum:
(1) The beginning and ending dates of the billing
period;
(2) Any applicable penalty date;
(3) The beginning and ending dates of the next
billing period;
(4) All factors
necessary to compute the charges;
(5) The charges;
(6) The utility's customer service phone number;
(7) A statement that customers should call the
utility regarding billing questions; and
(8)
A statement that customers may call the
commission for further assistance after first attempting to resolve disputes
with the utility, which statement shall include the commission’s toll-free
telephone number.
(d)
Bills for residential and non-residential service customers shall
include one of the following:
(1) Summary of the current applicable rate; or
(2) Notice that a printed copy of the current
applicable rate shall be furnished upon request.
(e)
Bills shall be delivered:
(1) Via first class mail; or
(2) Via an electronic billing system when offered
by the utility and elected by the customer.
(f)
Each utility shall keep an accurate account of all charges for service
billed to each customer and shall maintain records showing information from
which each bill rendered may be readily computed.
(g)
Upon request of a customer, a utility shall provide the customer with a
clear and concise statement of the actual consumption of service by the
customer for each billing period during the prior year.
Source. #6245, eff 5-14-96; ss by #8075, INTERIM, eff
4-29-04, EXPIRES: 10-26-04; ss by #8192, eff 10-22-04; ss by #8192, eff 10-22-04;
ss by #9990, eff 9-16-11; ss by #13031, eff 6-9-20
Puc
1203.07 Payment Arrangements.
(a)
With the exception stated in (b) below, when a residential customer is
unable to pay the total arrearage due, the utility shall continue to provide
service to the customer if the customer agrees to a payment arrangement wherein
the customer shall:
(1) Pay a reasonable portion of the arrearage as
agreed to by the customer and the utility;
(2) Pay the balance of the arrearage in
reasonable installments as agreed to by the customer and the utility; and
(3) Pay the current bill and all future bills by
the due date printed on the bill.
(b)
When a residential customer is unable to pay the total arrearage due and
the utility has been notified that a medical emergency exists pursuant to Puc 1205, the utility shall continue to provide service to
the customer if the customer agrees to a payment arrangement wherein additional
flexibility is built into the payment arrangement, including but not limited to
negotiating a flat monthly payment, for application to both the arrearage and
the customer's current and future bills.
(c)
In deciding upon the reasonableness of a payment arrangement, the customer
and the utility shall consider the:
(1) Size of the arrearage;
(2) Estimated size of the customer's future
monthly bills;
(3) Customer's payment history;
(4) Amount of time that the arrearage has been outstanding;
(5) Reasons why the arrearage is outstanding and
whether those reasons will or will not continue during the
course of payment; and
(6) Customer's ability to pay.
(d)
For an arrearage resulting from a non‑registering meter,
inaccurate meter, meter reading error, or a reconciliation between estimated
billings and actual usage, the payment arrangement shall extend for a minimum period of time equal to the period of time for which the
error is being re‑billed.
(e)
For billing adjustments due to specific meter inaccuracies, Puc 305.05, Puc 505.06, and Puc 605.05 shall apply.
(f)
The utility may require payment at shorter than monthly intervals if the
payment arrangements are made in lieu of disconnection or upon reconnection
without a deposit.
(g)
The utility shall confirm all payment arrangements in writing and issue
a copy to the customer by mail or by hand within 5 business days of the date
the arrangement is made.
(h)
Written confirmation, pursuant to (g) above, shall include a statement
that:
(1) Failure to comply with the payment
arrangement can result in disconnection;
(2) The customer can contact the commission's consumer
division if the customer disagrees with the confirmation; and
(3) Provides the toll-free telephone number for
the commission’s consumer division.
(i) The purpose of written confirmation as
required by (g) above shall be to assure the customer of an opportunity to
review and verify the terms of the payment arrangement.
(j)
The utility shall not disconnect any customer for failure to comply with
a payment arrangement which has not been timely confirmed in writing and
received by the customer. For purposes
of this section, receipt by the customer of a mailed confirmation shall be
presumed 3 calendar days subsequent to mailing, or the
actual date of delivery when known.
(k) Written notice of disconnection resulting from
failure to comply with a payment arrangement is required if delivery of any previous
disconnection notice occurred more than 45 days prior to the proposed date of
disconnection.
(l)
Notice required pursuant to (k) above shall be provided by U.S. Mail
with a postmarked date no less than 14 calendar days prior to the proposed date
of disconnection.
(m)
Unless otherwise required by (k) above, the utility may disconnect without
additional notice any customer for failure to comply with a properly confirmed
payment arrangement, except as limited by Puc 1204
and Puc 1205.
(n)
A customer may make payments pursuant to a properly confirmed payment
arrangement to an authorized agent of the utility.
(o)
At the conclusion of every payment arrangement negotiation, the utility
representative shall advise the customer that the customer may contact a member
of the commission's consumer division for review of the reasonableness of the
arrangement offered by the utility and provide the toll-free number for the
commission’s consumer division.
(p)
After reviewing the information provided pursuant to (c) above, the
commission's consumer division shall waive the requirement of Puc 1203.07(a)(1), Puc
1203.07(a)(3), or both, where necessary given the customer’s financial
circumstances, the amount due, and the customer’s payment history with the
utility.
Source. #6245, eff 5-14-96; ss by #8075, INTERIM, eff
4-29-04, EXPIRES: 10-26-04; ss by #8192, eff 10-22-04; ss by #9990, eff 9-16-11;
ss by #13031, eff 6-9-20
Puc
1203.08 Penalties and Charges.
(a)
Subject to the following requirements, a utility may charge and collect
a late payment charge for overdue bills of all non-financial hardship
customers:
(1)
A late payment charge may be imposed
only after the due date printed on the bill;
(2) The date of payment to the utility's
authorized agent shall be considered the payment date for purposes of this section;
and
(3) A customer claiming financial hardship under
this section shall provide evidence of financial hardship to the utility on an
annual basis.
(b)
The late payment charge on any overdue bill shall not exceed the amount
set forth in the utility's tariff approved by the commission.
(c)
The commission shall approve proposed late payment charges if the
utility demonstrates that the proposed charge does not exceed the actual costs
incurred by the utility due to lateness.
(d)
To demonstrate that a proposed charge does not exceed costs, the utility
shall provide the commission with:
(1) Aggregate carrying cost information;
(2) Aggregate administrative cost information;
and
(3) Other relevant information in the aggregate or
with respect to the individual customer.
(e)
A utility may impose a charge on a customer account whenever a check or
draft presented for payment of service is not accepted by the institution on
which it is written.
(f)
The amount of the charge permitted by (e), above, shall be the greater
of $5 or the actual administrative cost of recovery as specified in the
utility’s tariff.
Source. #6245, eff 5-14-96; ss by #7692, eff 5-25-02;
ss by #8192, eff 10-22-04; ss by #9990, eff 9-16-11; ss by #13031, eff 6-9-20
Puc
1203.09 Complaints by Customers.
(a)
Each utility shall make a full and prompt investigation of customer
complaints made either directly to the utility or through the commission.
(b)
A utility shall keep a record of complaints received for at least 2
years.
(c)
The record of each complaint shall show:
(1) The name, address, and telephone number, if known
and available, of the complainant;
(2) The date and character of the complaint; and
(3) The resolution of the complaint, if any.
Source. #6245, eff 5-14-96; ss by #8075, INTERIM, eff
4-29-04, EXPIRES: 10-26-04; ss by #8192, eff 10-22-04; ss by #9990, eff 9-16-11;
ss by #13031, eff 6-9-20
Puc
1203.10 Termination of Service.
(a)
A utility may require a customer to provide reasonable notice of intent
to terminate service as follows:
(1) The period of the notice required by the
utility pursuant to (a) above shall be noted in the utility's tariff;
(2) The notice period required by the utility
shall not exceed 4 business days; and
(3)
Until the later of the expiration of the
notice period or the requested service termination, the customer shall be
responsible for all charges incurred for service.
(b) A customer requesting service termination
shall make a reasonable effort to provide the utility with access to the meter.
(c)
If the customer is unable to provide the utility with access to the
meter, the utility shall send a written request for access to the meter to the
property owner, advising the property owner that failure to provide access to
the meter within 10 calendar days from the postmarked date of the request shall
result in the transfer of responsibility for the utility service to the
property owner.
Source. #6245, eff 5-14-96; ss by #8075, INTERIM, eff
4-29-04, EXPIRES: 10-26-04; ss by #8192, eff 10-22-04; ss by #9990, eff 9-16-11;
ss by #13031, eff 6-9-20
Puc
1203.11 Disconnection of Service.
(a)
This section shall not apply to sewer utilities. Regulation of disconnection of sewer service shall
be found in Puc 703.03.
(b)
Except as described in Puc 1203.07 (h), (i) and (j) or listed under (c) below, a utility shall
provide notice of disconnection that includes the following information:
(1) For purposes of this section, notice of
disconnection to a residential or non‑residential customer shall consist
of written notice setting forth the information listed in (2) below, postmarked
14 calendar days prior to the proposed date of disconnection; and
(2) Notice of disconnection shall set forth in
clear, concise, and conspicuously printed words the following information:
a. The name and mailing address of the customer(s);
b. The service address, if different from the
mailing address;
c. The account number;
d. The proposed date of disconnection of service;
e. A conspicuous statement that the notice of
disconnection may be disregarded if the customer has negotiated a current
payment arrangement pursuant to Puc 1203.07;
f. The reason for the disconnection of service;
g. The possible consequences of disconnection,
such as deposit requirement, reconnection fee, and any other similar consequences;
h. The address and telephone number at which the
customer may contact the utility;
i. A statement that the customer may contact the
utility to discuss arrangements for payment;
j. The toll‑free telephone number of the
commission's consumer division;
k. The method by which the customer may question
or contest the disconnection notice, preceded in conspicuous type by the words
"Important Notice - Your Rights";
l. The statement or a statement substantively
consistent with the statement: "MEDICAL EMERGENCY-
If you are a residential customer and believe that a medical emergency exists
in your home or would exist if your service were to be disconnected, you may be
protected from disconnection. Please
contact us at [insert telephone number of the utility] for more information."; and
m. Any additional data which the utility deems
pertinent.
(c)
Notice to a residential or non-residential customer shall not be
required if the utility notifies the commission of the disconnection within 48
hours of the disconnection and one of the following conditions exists:
(1) The customer has obtained utility service in
an unauthorized manner or used utility service fraudulently;
(2) The customer has clearly abandoned the
property as demonstrated by the fact that the service address premises have
been unoccupied and vacant for a period of 60 calendar days;
(3) A condition dangerous to the health, safety,
or utility service of others exists; or
(4) Clear and present danger to life, health or
physical property exists.
(d)
The requirements of (c) above shall not be limited by Puc 1204 and Puc 1205.
(e)
The requirements of (c) above shall not impose a duty on utilities to
know of any dangerous condition, or to ensure against any such condition.
(f)
The notification to the commission required in (c) above shall not apply
where the disconnection has occurred at the request of state or municipal
officials such as fire, police, or other emergency response officials.
(g)
Except as limited by (h) below and Puc 1204
and Puc 1205, a utility may disconnect service to a
residential customer after notice if any one of the following circumstances
exists:
(1) When the customer has failed to pay an arrearage
after proper demand therefore;
(2) When the customer has failed to pay a deposit
request, establish a direct debit account, or provide an acceptable third-party
guarantee in lieu of the deposit pursuant to Puc 1203.03;
(3) When the customer has failed to pay the bill
and failed to enter into a payment arrangement for
payment of the bill on or before the due date printed on the bill; or
(4) When the customer refuses access to the
residential premises for a necessary inspection or replacement of utility
property, including but not limited to the reading of meters.
(h)
A utility shall not disconnect a residential customer's service and a
notice of disconnection shall not be sent to a residential customer if any of the
following conditions exist:
(1) The customer's arrearage is less than 60
calendar days outstanding and is less than $100;
(2) The unpaid bill results from service other
than utility service, such as merchandise, appliance sales, or repairs;
(3) A municipal welfare office has guaranteed
payment of the average monthly bill on behalf of the customer, pursuant to the
town's public welfare obligations under RSA 165, and the customer agrees to enter into a reasonable arrangement for repayment of the amount
in arrears pursuant to Puc 1203.07; or
(4) The arrearage is for prior residential
service furnished in the name of someone other than the customer of record
unless:
a. The customer of record and the above-mentioned
person other than the customer of record resided together at the address where
the arrearage was incurred;
b. Both that person and the customer of record
received the benefit of the utility service;
c. Both that person and the customer of record
reside together at the current service address and receive the benefit of the
current utility service; and
d. The person other than the customer of record
refuses to enter into a payment arrangement subject to
all the provisions of Puc 1203.07.
(i) A utility may disconnect service to a non‑residential
customer after proper notice if any of the following conditions exist:
(1) The customer has failed to pay any arrearage
remaining unpaid after proper demand therefore;
(2) The customer has violated any tariff provision;
(3) The customer has failed to pay a properly requested
deposit, establish a direct debit account or provide
an acceptable third-party guarantee; or
(4) The customer refuses access to the premises
for a necessary inspection of utility property, including but not limited to the
reading of meters.
(j) Unless special arrangements are made with the
customer, a utility shall only disconnect service to its residential customers
from 8:00 am to 3:30 pm Monday through Thursday.
(k)
The utility shall not disconnect service to its residential customers
during the time specified by (j) above if the proposed disconnection would
occur on:
(1) A state or federal holiday;
(2) The day preceding a state or federal holiday;
(3) A day the commission is closed to the public;
or
(4) The day preceding a day the commission is
closed to the public.
(l)
Unless special arrangements are made with the customer, a utility shall
only disconnect service to its non-residential customers from 8:00 am to 3:30
pm Monday through Friday.
(m)
The utility shall not disconnect service to its non-residential customers
during the time specified by (l) above if the proposed disconnection would
occur on:
(1) A state or federal holiday; or
(2) A day the commission is closed to the public.
(n) The utility shall have 8 business days from
the date of the proposed disconnect in which to implement the disconnection.
(o)
Except as limited in Puc 1205.05, before
disconnection of residential service, the utility employee disconnecting the
service shall notify an adult residing at the premises or leave a written
notice if no adult is at the premises.
(p)
The notice provided under (o) above shall include the following
information:
(1) Procedures the customer must follow to be reconnected;
(2) The address and telephone number at which the
customer may contact the utility; and
(3) The toll-free telephone number of the
commission's consumer division.
(q)
When the utility sends an employee to a residential customer's premises
for the purpose of disconnecting service and the customer tenders
payment of the past due amount in full to prevent disconnection, the employee
shall act as follows:
(1) The utility's employee shall accept the
payment, provide the customer with a receipt, and leave the service intact as long as the following is true:
a. The employee shall know the full past due
amount to be paid to bring the customer's account current;
b. The employee shall not be required to make
change; and
c. The employee shall not be required to negotiate
payment arrangements; or
(2) Without disconnecting the customer's service,
the utility's employee shall direct the customer to go immediately to the
utility's nearest office or payment agency and tender payment there.
(r)
A utility may charge for collection of payment at the customer's
premises in accordance with the utility's tariffs on file with the commission.
(s)
The utility shall not be required to follow the procedures described in
(q) above more than 2 times in a 12-month period.
(t)
A utility may use a third party to conduct collection activities provided:
(1) The third party complies with Puc 1200; and
(2) For all accounts other than terminated
accounts, the use of a third party is transparent to the customer.
(u)
The commission shall impose a moratorium on disconnections of service
when there exists an imminent peril to the public's health, safety
or welfare.
(v)
Utilities shall maintain records showing the:
(1) Number of disconnection notices sent out
annually; and
(2) Annual number of and reasons for actual
disconnections.
Source. #6245, eff 5-14-96; ss by #8075, INTERIM, eff
4-29-04, EXPIRES: 10-26-04; ss by #8192, eff 10-22-04; ss by #9990, eff 9-16-11;
ss by #13031, eff 6-9-20
Puc
1203.12 Disconnection of Service in
Residential Tenant/Landlord Situations.
(a)
This section shall apply to:
(1) Utilities other than sewer utilities; and
(2) Situations where the landlord is the
utility's customer of record.
(b)
"Tenant," for purposes of this section, means a person who
rents and occupies a room in a rooming house or a person who rents and occupies
a dwelling unit, in a building or mobile home park owned by another, consisting
of contiguous living, sleeping, kitchen and bathroom facilities for the
exclusive use of that person and his or her household. “Tenant” specifically excludes a person who
rents a unit for short‑term, vacation, or recreation purposes.
(c)
Except in the circumstances listed under (e) below, no utility shall disconnect
service to a customer if any part of the service provided accrues to the
benefit of one or more parties known by the utility to be residential tenant(s)
as defined in (b) above, unless the utility gives written notice to those
tenants pursuant to (d) below.
(d)
Written notice of disconnection shall set forth:
(1) The date on or after which the utility
proposes to disconnect service;
(2) A statement that the reason for disconnection
is a dispute between the utility and the landlord;
(3) A statement that the tenant should contact
the landlord for more information regarding the dispute;
(4) A statement that the tenant has a right to
put service in his or her own name and thereby become the customer of record
pursuant to (h) below when the utility service benefits only that tenant;
(5) An address and telephone number at which the
tenant may contact the utility; and
(6) The toll-free telephone number of the
commission's consumer division.
(e)
A utility may disconnect service without giving notice to tenants in the
following circumstances:
(1) When necessary to avoid danger to life,
health, or property; and
(2) Upon the order of a duly constituted public
authority such as state municipal fire, police, or other emergency response officials.
(f) Immediately upon learning that a tenant has
been erroneously disconnected without notice, the utility shall reconnect
service at no cost to the tenant and shall proceed with proper notice pursuant
to this section.
(g)
Delivery of written notice shall be made on the tenants at least 10
calendar days in advance of the proposed disconnection in the following manner:
(1) By posting a conspicuously lettered notice at
least 10 calendar days prior to the proposed date of disconnection in a common
area or such other place within the building or mobile home park as is likely
to receive the attention of the tenants; and
(2) In addition to (1) above, a utility shall
deliver written notice by one of the following methods:
a. Posting or hanging the notice on the front or
back door of each tenant's dwelling unit;
b. Sliding the notice under the front or back
door of each tenant's dwelling unit; or
c. By mail which is postmarked not less than 14
calendar days prior to the proposed date of disconnection and addressed to each
tenant by name or to the "occupant" of each affected dwelling unit.
(h)
The utility shall provide service to a tenant in the tenant's own name
as customer of record if so requested and if the meter provides utility service
to only that tenant, when known by the utility, subject to the terms and
requirements of the utility's tariff and this chapter, without requiring the
tenant to pay any part of the landlord's past due balance as a condition of
receiving service.
Source. #6245, eff 5-14-96; ss by #8075, INTERIM, eff
4-29-04, EXPIRES: 10-26-04; ss by #8192, eff 10-22-04; ss by #9990, eff 9-16-11; ss by #13031, eff 6-9-20
Puc
1203.13 Reconnection of Service.
(a)
When the cause for a disconnection has been removed, the utility shall
reconnect service upon the customer's request.
(b)
When the cause of the disconnection is failure to pay an arrearage, the
utility shall reconnect service upon the customer’s request when:
(1) All the arrearages have been paid;
(2) The customer has agreed to enter
into a payment arrangement for the unpaid arrearage in accordance with Puc 1203.07; or
(3) The customer has provided evidence of an
agreement with a municipal welfare official, pursuant to RSA 165, or with
another social service agency, in accordance with Puc
1203.14, to pay an amount equal to the average monthly bill and the customer
has agreed to enter into a payment arrangement for the
unpaid arrearage in accordance with Puc 1203.07.
(c)
The utility shall endeavor to reconnect service during regular business
hours on the day of the request. When
the customer requests that service be reconnected at other than regular
business hours, the utility shall attempt to make the reconnection, provided,
however, that the utility shall be under no obligation to do so unless a
medical emergency exists.
(d)
The commission shall order a utility to reconnect service during other
than regular business hours when it determines that:
(1) A medical emergency exists;
(2) Property damage would occur; or
(3) Other circumstances exist which involve
significant risk to health, safety, or property and which require immediate
reconnection.
(e)
A charge shall be made for reconnection of service in accordance with
tariffs on file. However, no charge
shall be made when the cause for disconnection was not in compliance with Puc 1203.11, Puc 1203.12, and Puc 1205 or when the commission orders reconnection
pursuant to 1203.13(d).
Source. #6245, eff 5-14-96; ss by #8075, INTERIM, eff
4-29-04, EXPIRES: 10-26-04; ss by #8192, eff 10-22-04; ss by #9990, eff 9-16-11;
ss by #13031, eff 6-9-20
Puc 1203.14 Social Service Assistance.
(a)
The utility shall provide the names and addresses of those social
service organizations in its franchise area, known to the utility as providing
possible assistance with the payment of utility bills, to its customers who are
experiencing difficulty in paying utility bills.
(b)
The utility shall make arrangements with social
service organizations that might provide assistance so that the utility will
receive notice by telephone or in writing, within 4 business days of a customer's
application for assistance, that the social service organization will agree to
pay an amount equal to the customer’s average bill.
(c)
The utility shall continue to provide utility service to the customer
for 10 calendar days following notification from the customer or social service
organization of a scheduled appointment for a review of the customer’s
eligibility for assistance with the payment of utility bills.
(d) When
a social service organization notifies the utility that the organization has
agreed to pay the current bill of the customer each month, the utility shall
treat the social service organization as the party responsible for payment of
bills.
(e) The utility shall provide the customer with a
monthly accounting of his or her billing and payment history during the period
when the social service organization is making payments.
(f)
Notice of disconnection shall not be sent to any customer receiving monthly
assistance with the payment of his or her utility bill from a social service
organization unless the utility has determined that the customer's assistance
from the organization has been fully spent down or is no longer available for
payment of current utility bills.
Source. #6245, eff 5-14-96; ss by #8075, INTERIM, eff
4-29-04, EXPIRES: 10-26-04; ss by #8192, eff 10-22-04; ss by #9990, eff 9-16-11;
ss by #13031, eff 6-9-20
Puc
1203.15 Denial of Service.
(a)
If the relevant statute of limitations has not yet run, a utility may
deny new service to any applicant due to an outstanding arrearage with that particular utility for prior service.
(b)
If the relevant statute of limitations has run, a utility may deny new
service to any applicant due to an outstanding arrearage with that particular utility for prior service if the utility has
pursued recovery of the debt through the court system.
(c)
A utility shall not deny new residential utility service to any
applicant with whom either:
(1) A reasonable payment arrangement can be made
under Puc 1203.07; or
(2) The utility has a current payment arrangement
under Puc 1203.07.
(d)
In order to prevent the practice of name‑swapping, a utility may
deny new utility service to any applicant due to an outstanding arrearage with
that particular utility for prior service furnished in
the name of a person other than the applicant as follows:
(1) For residential service, the utility may deny
new utility service when the following statements are true about the applicant
and the above‑mentioned person other than the applicant in whose name
prior service was furnished:
a. They resided together at the address where
the arrearage was incurred;
b. They both received the benefit of the utility
service;
c. They both will benefit from the applied for
utility service; and
d. The applicant refuses to enter
into a reasonable payment arrangement pursuant to Puc
1203.07 for an outstanding arrearage for which the applicant is responsible
pursuant to this section; and
(2) For non-residential service, the utility may
deny new utility service when the following statements are true about the
applicant and the above-mentioned person other than the applicant in whose name
prior service was furnished:
a. They were principals of a business at the
address where the arrearage was incurred;
b. They both received the benefit of the utility
service; and
c. They both will benefit from the applied for
utility service.
(e)
The utility shall provide the applicant described in (d)(1) with the
toll-free telephone number of the commission’s consumer division if the applicant
disputes the transfer of responsibility for the outstanding arrearage.
(f)
Utilities shall maintain records showing the annual number of and
reasons for denials of applications for service.
Source. #6245, eff 5-14-96; ss by #8075, INTERIM, eff4-29-04,
EXPIRES: 10-26-04; ss by #8192, eff 10-22-04; ss by #9990, eff 9-16-11; ss by
#13031, eff 6-9-20
Puc
1203.16 Disconnection Conferences.
(a)
Upon receipt of the notice of disconnection, a customer may request and the utility shall grant a conference with the
utility prior to the proposed date of disconnection specified on the notice, as
follows:
(1) A utility shall not be required to grant a conference
to a customer whose request for a conference is made on the proposed disconnect
date, although the utility may grant one;
(2) A customer whose request for a conference is
made either one or 2 days prior to the proposed disconnect date shall be
entitled to a conference no later than 3 business days after the request; and
(3) Service shall not be disconnected prior to
the latest of the following:
a. Five business days after the conference;
b.
Five business days after the postmarked
date of the utility's written decision relating to the conference; or
c. The proposed date of disconnection specified
in the disconnect notice.
(b)
The conference requested shall consist of:
(1) A meeting between the customer and the
utility conducted by telephone;
(2) Discussions between the customer and the
utility relating to the disconnect notice; and
(3) An agreement that the utility shall notify
the customer of a resolution to the dispute by a date certain.
(c)
The utility shall make a memorandum regarding the outcome of each
conference. Should a conference with the
commission staff be requested, pursuant to (d) below, the utility shall forward
a copy of the conference memorandum to the commission and to the customer.
(d)
During the conference, the utility shall inform the customer of the
customer's right to request a conference with the commission staff if the
customer is dissatisfied with the outcome of the conference, pursuant to (e)
below.
(e)
A request for a conference with the commission staff shall be made as
follows:
(1) The customer's request for a conference with
the commission staff shall be made before the date of the proposed disconnection
or within 5 business days after issuance of the utility's notification to the customer
of a resolution to the dispute as described in (b)(3), whichever is later; and
(2) The customer's request shall be made to the
commission in writing, in person, or by telephone.
(f)
Failure to request a conference with the commission staff within 5
business days after issuance of the utility's notification of resolution shall
result in implementation of the utility's decision pursuant to the conference
with the utility.
(g)
A conference with the commission staff shall be scheduled at the
convenience of the customer during normal business hours but shall be held no
more than 15 business days following the date of the request.
(h)
A report of the outcome of the conference with the commission staff shall
be prepared by the commission staff and provided to all parties within 10
business days following the conference.
(i) If a customer requests a conference with the
commission staff, the utility shall continue service to the customer until such
time as the commission staff determines whether the disconnection is justified
pursuant to these rules.
(j)
If the utility or the customer does not agree with the outcome of the
conference with the commission staff, the party not in agreement may request a
hearing before the commission within 5 business days following receipt of the
report in (h) above.
(k)
The utility shall not disconnect service for non-payment of any disputed
amounts until final resolution of the conference or any request for hearing.
Source. #6245, eff 5-14-96; ss by #8075, INTERIM, eff
4-29-04, EXPIRES: 10-26-04; ss by #8192, eff 10-22-04; ss by #9990, eff 9-16-11;
ss by #13031, eff 6-9-20
Puc
1203.17 Conference to Mediate
Complaints Other Than Disconnection Complaints.
(a)
A conference may be held between and among the customer, the utility,
and the commission’s consumer division when prior discussion between and among
the aforementioned parties has failed to result in a
satisfactory resolution of the complaint.
(b)
A conference may be held at the request of
the customer or the utility. Provided no
violations of commission rules or the utility’s tariff exist or efforts to
otherwise mediate the complaint are not appropriate, the commission's consumer
division shall deny a request for a conference made by
the customer or the utility.
(c)
The utility shall inform the customer of his or her right to request a
conference with the commission staff.
(d)
A conference shall be scheduled at the convenience of the customer
during normal business hours but shall be held no more than 15 business days following
the date of the request.
(e)
A report of the outcome of the conference shall be prepared by the
commission staff and provided to all parties within 10 business days following
the conference.
(f)
If the utility or the customer does not agree with the outcome of the
conference, or with the consumer division’s determination that a conference
shall not be granted, the party not in agreement may file a formal complaint
and request a hearing pursuant to RSA 365:1 and Puc
204.
(g)
The utility shall not disconnect service for non-payment of any disputed
amounts until final resolution of the conference or any request for hearing.
Source. #6245, eff 5-14-96; ss by #8075, INTERIM, eff
4-29-04, EXPIRES: 10-26-04; ss by #8192, eff 10-22-04; ss by #9990, eff 9-16-11;
ss by #13031, eff 6-9-20
Puc
1203.18 Transfer of Service.
(a)
Whenever a utility receives a request to change an account for service
from one customer to another or to add another name to an account, the following
shall apply:
(1) The utility shall give timely notice of such
change to the new customer; and
(2) The utility may require written confirmation
of the request from the new customer.
(b)
For the purposes of this section, timely notice means notice made to the
new customer within 5 business days of the utility's receipt of the request to
change an account for service from one customer to another.
(c)
Until timely notice is given pursuant to (a)(1) above, or until the new
customer has given confirmation pursuant to (a)(2) above, the original customer
of record shall remain liable for charges on the account.
Source. #8192, eff 10-22-04 (from Puc 1203.16); ss
by #9990, eff 9-16-11; ss by #13031, eff 6-9-20
Puc
1203.19 Interruption of Service.
(a)
In the event of interruption of service, utilities shall re-establish
service within the shortest time practicable consistent with safety.
(b)
When service is interrupted because the utility must perform work on
mains, lines, or equipment, the utility shall perform the work at a time
causing minimum inconvenience to customers consistent with the circumstances.
(c)
Whenever practicable with reference to the planned work, contemplated by
(b) above, utilities shall notify the following customers, where known, in advance:
(1) Alarm services;
(2) Medical alert services;
(3) Emergency services;
(4) Medical emergency customers; and
(5) Other similarly situated customers who will
be seriously affected by the service interruption.
(d)
A utility may interrupt or curtail service and/or vary the
characteristics thereof in the following circumstances:
(1) When necessary to prevent injury to persons
or property;
(2)
When requested by state and municipal
fire, police, or emergency response officials; and
(3) When necessary to effect
a temporary load reduction or temporary rationing of product for the common
good of the utility system.
(e)
Additional specificity regarding interruption of service shall be
contained in the following commission rules:
(1) Electric, Puc 300;
(2) Gas, Puc 500;
(3) Water, Puc 600; and
(4) Sewer, Puc 700.
Source.
#8192, eff 10-22-04 (from Puc 1203.17);
ss by #9990, eff 9-16-11; ss by #13031, eff 6-9-20
Puc
1203.20 Utility Reports.
(a)
Each electric or gas utility with more than 10,000 customers shall
submit electronically the following reports to the commission’s consumer
division:
(1) Utility Disconnection Activity Report; and
(2) Utility Accounts Receivable Report.
(b)
Each utility shall file such reports on a monthly
basis, no later than 30 calendar days following the last day of the
month which is the subject of the report.
(c)
The Utility Disconnection Activity Report shall include the following
information for residential customers:
(1) The title "Utility Disconnection
Activity Report";
(2) The name of the utility making the report;
(3) The month and year represented by the
information contained in the report;
(4) The number of business days for the month
representing the information contained in the report; and
(5) The following information for each billing
month:
a. The number of disconnection notices sent by the
utility with corresponding information regarding the following:
1. The total amount of the money owed on
accounts subject to the disconnection notice sent to customers; and
2. The total amount that is past due on such accounts;
b. The total number of disconnections with
corresponding information regarding the following:
1. The total amount of money owed on the
accounts disconnected; and
2. The total amount that is past due on such
accounts; and
c. The total number of customers previously disconnected
whose service was restored with corresponding information regarding the
following:
1. The number restored the same day; and
2. The number restored the following day or
thereafter.
(d)
The Utility Accounts Receivable Report shall:
(1) Be filed with the commission each month, no
later than 30 days following the last day of the month which is the subject of
the report; and
(2) Include the following information regarding
residential customers:
a. The title "Utility Accounts
Receivable Report" identified by the month and calendar year
applicable to the data in the report;
b. The name of the utility making the report;
c. Sales revenue for the applicable month and year-to-date;
d. Sales by unit of measure for the applicable month
and year-to-date;
e. Number of bills for the applicable month and year-to-date;
f. Average bill by dollar value and unit of
measure for the applicable month and year-to-date;
g. Gross write-offs for the applicable month and
year-to-date;
h. Net write-offs for the applicable month and year-to-date;
i. Amounts of any previously written off
balances which were collected in the applicable month and year-to-date;
j. Late charge revenue billed for the applicable
month and year-to-date; and
k. Utility accounts receivable information aging
data, in dollar amounts, for the applicable billing month and year-to-date as
follows:
l.
Current;
2.
Thirty days in arrears;
3.
Sixty days in arrears;
4.
Ninety days in arrears;
5.
Over 90 days in arrears; and
6.
A total of items 1.-5. above.
(e)
The information required in (d)(2)k above shall also be provided for
residential terminated accounts.
(f)
For purposes of complying with (e) above, to the extent that a utility
cannot separate residential accounts from accounts other than residential
accounts, the utility shall report the combined information and note on its
report to the commission that the information represents all customer accounts.
Source. #8192, eff 10-22-04; ss by #9990, eff
9-16-11; ss by #13031, eff 6-9-20
PART
Puc 1204
WINTER RULES
Puc 1204.01 Applicability of Winter Rules. Puc 1204, Winter
Rules, shall apply only to residential customers of public utilities providing
gas or electric service in the state of New Hampshire excluding limited
electrical energy producers as defined in RSA 362-A. The requirements of this section shall be in
addition to those disconnection provisions of Puc
1203.11 and Puc 1203.12. Where the circumstances triggering the
application of Puc 1204 and Puc
1205 occur concurrently, the provisions of Puc 1205 shall
govern.
Source. #6245, eff 5-14-96;
ss by #8075, INTERIM, eff 4-29-04, EXPIRES: 10-26-04; ss by #8192, eff 10-22-04;
ss by #9990, eff 9-16-11; ss by #13031, eff 6-9-20 (formerly
Puc 1204.02)
Puc
1204.02 Effect of Arrearages. Arrearages existing on customers’ bills prior
to the winter period shall not make a customer eligible for disconnection
during the winter unless the arrearages exceed, either singly or when added to winter
arrearages, the amount noted in 1204.03 below.
Source.
#6245, eff 5-14-96; ss by #8075,
INTERIM, eff 4-29-04, EXPIRES: 10-26-04; ss and moved by #8192, eff 10-22-04
(from Puc 1204.01); ss by #9990, eff 9-16-11; ss by
#13031, eff 6-9-20
Puc
1204.03 Protection from Disconnection.
(a)
An arrearage resulting from non-payment of bills for service rendered
during the winter and non-winter period shall exceed the following amounts before
a notice of disconnection for a primary residence can be sent:
(1) For gas non-heating customers, $125;
(2) For electric non-heating customers, $225; and
(3) For electric and gas heating customers, $450.
(b)
Notwithstanding (a) above, during the winter period utilities shall seek
commission approval before disconnecting the service of residential customers
known to be 65 years or older.
(c)
No residential customer shall be disconnected during the winter period
for non-payment of a deposit or portion of deposit.
Source. #6245, eff 5-14-96; ss by #8075, INTERIM, eff
4-29-04, EXPIRES: 10-26-04; ss and moved by #8192, eff 10-22-04 (from Puc 1204.02); ss by #9990, eff 9-16-11; ss by #13031, eff 6-9-20
Puc 1204.04 Payment Arrangements.
(a)
During the winter period, the requirements of Puc
1203.07 relative to payment arrangements shall be replaced by the following:
(1) For non-financial hardship customers, the
payment arrangement shall include a promise to pay the current bill on or
before the due date and permit repayment of the arrearage in equal installments
over the winter period and the 6 months following the conclusion of the winter period;
and
(2) For financial hardship customers, unless
otherwise requested by the customer, the payment arrangement shall be as
follows:
a. For a period of 12 months, with monthly
payments equal to one twelfth of the total balance due plus one twelfth of the
projected future monthly bills for the 12-month period; or
b.
For the duration of the winter period
with monthly payments equal to 10% of the monthly total balance due.
(b)
Notwithstanding the provisions of (a) above, no utility shall be required
to change the terms of existing payment arrangements to comply with the
provisions of (a) above unless so requested by the customer.
(c)
At the end of the winter period, customers having arrearages and who are
without an existing payment arrangement shall be provided an opportunity to
make a payment arrangement under Puc 1203.07 and the
following requirements:
(1) The payment arrangement shall permit
repayment of the arrearage in equal installments over the 6 months following
the conclusion of the winter period; and
(2) The payment arrangement shall establish
arrearage payments which shall be in addition to payment of current bills.
(d)
Customers claiming financial hardship under this section shall provide
evidence of financial hardship to the utility on an annual basis.
Source. #6245, eff 5-14-96; ss by #8075, INTERIM, eff
4-29-04, EXPIRES: 10-26-04; ss and moved by #8192, eff 10-22-04 (from Puc
1204.03); ss by #9990, eff 9-16-11; ss by #13031, eff 6-9-20
Puc
1204.05 Winter Period Notice of
Disconnection.
(a)
In addition to the notice of disconnection required by Puc 1203.11 and Puc 1203.12,
during the winter period notice shall be provided to an adult residing at the
affected residence in the following manner:
(1) In person or by telephone; and
(2) A minimum of 2 business days but no more than
8 business days prior to the date of the proposed disconnection.
(b)
If the utility is unable to notify an adult residing at the affected
residence pursuant to (a) above, the utility shall seek commission approval
before disconnecting service.
(c)
When seeking commission approval, pursuant to (b) above, the utility
shall inform the commission of:
(1) Customer's age or estimate thereof;
(2) The number of children in the household under
the age of 5, if known;
(3) The number of household members over the age
of 65, if known;
(4) Amount of the customer's arrearage;
(5) Date and amount of the last 6 payments;
(6) Date and amount of the last 6 bills;
(7) The existence of any prior medical emergency
certifications for the customer or household members; and
(8) The existence and nature of any financial
hardship, if known;
(d)
The commission shall not approve disconnection of service to customers
when the following conditions exist:
(1)
The customer has financial hardship; and
(2) The customer has made a good faith effort to
make payments towards the utility bill.
(e)
Customers claiming financial hardship under this section shall provide
evidence of financial hardship to the utility on an annual basis.
Source.
#8192, eff 10-22-04 (from Puc 1204.04);
ss by #9990, eff 9-16-11; ss by #13031, eff 6-9-20
Puc
1204.06 Review of Pre-Winter Period
Disconnections.
(a)
For each customer disconnected for non-payment from April 15 through
October 15 and whose account remains inactive as of November 1, the utility shall
send a letter via first class mail no later than November 7 to the last known
customer of record for that service address.
(b)
The letter shall include the following:
(1) The name of the customer or customers;
(2) The service address;
(3) A statement that the utility’s records show
the customer was disconnected for non-payment and the date on which the disconnection
occurred;
(4) A statement directing the customer to contact
the utility to arrange to have utility service restored;
(5) The utility’s toll free
customer service telephone number; and
(6) The toll free
telephone number of the commission’s consumer division.
(c)
In addition to the letter described in (b) above, each electric or gas
utility shall place a notice on its website during the month of October which:
(1) Explains the reconnection policy for
financial hardship and medical emergency customers;
(2) Provides the utility’s toll
free customer service telephone number; and
(3) Provides the toll free
telephone number of the commission’s consumer division.
(d)
Customers who contact the utility shall be offered a payment arrangement:
(1) That is compliant with Puc
1204.04 (a); and
(2)
Under which 10% of the outstanding
balance shall be sufficient to restore service when the customer provides evidence
that a financial hardship exists.
(e)
The utility shall provide the names, addresses, and telephone numbers of
social service agencies in the customer’s vicinity known to the utility as
providing possible assistance with the payment of utility bills to customers
who contact the utility and are unable to make the minimum payment.
(f)
When a customer indicates that a household member has a medical
emergency as defined in Puc 1202.12, the utility
shall inform the customer of his or her rights as detailed in Puc 1205 and service will be restored upon:
(1)
The oral notification of the existence
of a medical emergency pursuant to 1205.02 (d); and
(2) Establishment of a payment arrangement in
accordance with Puc 1203.07.
(g)
Annually, the utility shall submit a report to the commission no later
than December 10 summarizing:
(1) The number of letters mailed; and
(2) The number of customers whose service was
restored.
Source. #8192, eff 10-22-04; ss by #9990, eff 9-16-11;
ss by #13031, eff 6-9-20
PART
Puc 1205
MEDICAL EMERGENCY RULES
Puc
1205.01 Applicability
of Medical Emergency Rules.
The provisions of Puc 1205 shall apply to service
provided to residential customers at their primary residences by electric, gas
and water utilities. For the purposes of
this section, the primary residence for a minor child with a medical emergency
certification shall include the primary residences of any parent or guardian
with shared residential responsibility. The
requirements of this section shall be in addition to those requirements of Puc 1203.11 and Puc 1203.12. When the circumstances triggering the
application of Puc 1204 and Puc
1205 occur concurrently, the provisions of Puc 1205
shall govern. Medical emergency rules pertaining to
service provided by telephone utilities to residential customers shall be found
in Puc 410.04.
Source. #9990, eff 9-16-11; ss by #13031, eff 6-9-20
Puc
1205.02 Medical Emergency Certification.
(a)
Provision of a medical emergency certification, in conjunction with a
payment arrangement for any past due balances in accordance with Puc 1203.07, shall be sufficient to protect a customer’s account
from disconnection of service so long as the customer complies with the terms
of the payment arrangement and follows the requirements for renewal of the
certification upon its expiration, as set forth in Puc
1205.02(f).
(b) A medical emergency certification shall be
valid for the period of time designated by the
licensed physician, licensed advanced practice registered nurse, or licensed
physician’s assistant or mental health practitioner as defined in RSA 330-A:2,
VII, provided the certification is for no less than 90 days and no more than
one year.
(c)
There is no limit on the number of times a medical emergency
certification may be renewed consistent with (b) above.
(d)
Oral notification of the existence of a physical or mental health condition
which would become a danger to the physical or mental health of the customer or
household member may be provided to the utility by the customer and shall be
sufficient to protect a customer’s account from disconnection of service
provided:
(1) Certification as described in (e) below from
a physician, advanced practice registered nurse, physician’s assistant or
mental health practitioner is received within 15 calendar days; and
(2) Any prior oral notification made within the
past 12 months has been documented through certification as described in (e)
below.
(e)
Certification of a medical emergency by a physician, advanced practice
registered nurse, physician’s assistant or mental health practitioner shall:
(1) Contain a statement to the effect that the
customer or identified member of the customer’s household has a physical or
mental health condition which would become a danger to the customer’s or
household member’s physical or mental health should the utility service be disconnected;
(2) Be in writing, which includes any electronic
communication, or be made by telephone with written or electronic confirmation
received by the utility within 15 calendar days of the telephoned certification;
(3) Contain licensing information for the
physician, advanced practice registered nurse, physician’s assistant
or mental health practitioner; and
(4) Indicate the medical necessity for and use of
any life support equipment by the customer or identified member of the customer’s
household.
(f)
All renewals of medical emergency certifications shall comply with (b)
and (e) above.
(g)
The medical emergency certification may be made through the completion
of a form provided by the utility or another written or electronic format
provided such other format complies with the provisions of (e) above.
(h)
Upon being notified of the existence of a medical emergency in
accordance with (d) or (e) above, the utility shall inform the customer in writing
of the following:
(1) The customer’s continuing obligation to pay for
services;
(2) The requirement to enter into and comply with
a payment arrangement consistent with Puc 1203.07 as
a condition of the medical emergency certification;
(3) That failure to comply with any payment
arrangement entered into with the utility will result in disconnection of service;
(4) The option to designate a third-party contact
for communications with the utility regarding billing and other matters related
to the customer’s account;
(5) The customer’s responsibility to renew any
medical emergency certification on a timely basis to ensure continued service;
and
(6) The need for the customer to plan for power
outages that might occur.
(i) If certification of a medical emergency has
not been provided within 15 days of receipt of oral notice from a customer or
the physician, advanced practice registered nurse, physician’s assistant or
mental health practitioner that a medical emergency would exist if utility
service were disconnected, the utility shall send a reminder notice to the customer
advising that such certification must be received within 15 days of the date of
the reminder or disconnection will occur on a specified date at least 16 days
from the date of the reminder notice.
(j)
Provided the reminder notice described in (i)
above contains the information required in Puc
1203.11(b)(2), the utility shall not be required to send a separate notice of
disconnection.
(k)
If the utility does not receive written or electronic certification of
the medical emergency within the time period in (i) above, the utility may disconnect service in accordance
with Puc 1203.11.
Source. #9990, eff 9-16-11; ss by #13031, eff 6-9-20
Puc
1205.03 Disconnections of Service to
Medical Emergency Customers.
(a)
A utility shall not disconnect service to a customer who has provided
current verification of a medical emergency and is complying with a payment
arrangement.
(b)
If a customer does not enter into a payment
arrangement or does not comply with the terms of a payment arrangement
negotiated in accordance with Puc 1203.07, the
utility may seek permission to disconnect service to the customer.
(c)
When requesting permission from the commission to disconnect service, the
utility shall provide the commission with the following information:
(1) The name of the customer or customers:
(2) The service address;
(3) The mailing
address if different from the service address;
(4) The customer’s account number;
(5) The requested date for disconnection;
(6) The history of the medical emergency
certifications on the account;
(7) The amount of the arrearage;
(8) The amounts and dates of the last 12 payments
received by the utility;
(9) The amount of the utility’s proposed payment arrangement;
(10) The last 12 months of billing history;
(11) Summary of collection activities on the account;
(12) The number of children in the household under
the age of 5, if known;
(13) The number of household members over the age
of 65, if known;
(14) The existence and nature of any financial
hardship, if known, as documented on an annual basis by the customer claiming
financial hardship; and
(15) Any other information the utility deems
pertinent.
(d)
When the utility seeks commission authorization to disconnect service
pursuant to this section, it shall notify the customer in writing of its
request and provide a copy of the request for authorization at the same time.
(e)
Notwithstanding any other rule to the contrary, the commission shall not
approve disconnection of service to customers with a current medical emergency
certification when the customer has made a good faith effort to make payments
towards the utility bill.
(f)
The commission shall provide an opportunity for the customer to respond to
the utility’s request for disconnection under this section.
(g)
The commission’s decision on a utility’s request to disconnect under
this rule shall be:
(1) Valid through November 15 of the year in which
it was issued; and
(2) Issued in writing and sent to the utility and
the customer.
(h)
Upon approval by the commission of disconnection, the utility shall
provide notice to the customer as required in Puc
1203.11 prior to disconnecting service.
Source. #9990, eff 9-16-11; ss by #13031, eff 6-9-20
Puc
1205.04 Expiration of Medical Emergency
Certification.
(a)
Thirty days prior to the expiration of the medical emergency certification,
the utility shall send a reminder notice to the customer advising that, if a
medical emergency still exists, the certification of a medical emergency must
be renewed. The notice shall include the
date by which the certification must be renewed.
(b)
Upon the expiration of a medical emergency certification, the utility
shall notify the customer that the medical emergency certification has expired and the customer’s account will no longer be
medically protected. Such notice shall
also indicate the balance due, if any.
(c)
Following the expiration of a medical emergency certification on an
account where the utility has submitted a request for permission to disconnect service,
the utility shall not undertake any disconnection activity until such time as
the request has been withdrawn from the commission.
(d)
Notice provided in (b) above shall include a statement directing the
customer to contact the utility immediately if the previously certified medical
condition continues to exist.
Source. #9990, eff 9-16-11; ss by #13031, eff 6-9-20
Puc
1205.05 Disconnection of Service to
Customers with Expired Medical Emergency Certifications.
(a)
The utility shall be required to follow the steps set forth in Puc 1205.05 (b) through (i) one
time within the 9-month period following the expiration of the medical
emergency certification.
(b)
The issuance of any notice of disconnection shall be done in accordance
with Puc 1203.11(g) and content of the notice shall
comply with the provisions of Puc 1203.11(b).
(c)
The notice of disconnection shall provide contact information for both
the utility and the commission’s consumer division.
(d)
No less than 2 calendar days but no more than 8 calendar days prior to
the date of the proposed disconnection of service, personal contact shall be
made with the customer or an adult residing at the premises. The contact may be made by telephone or in
person.
(e)
If no personal contact is made as described in (d) above, no
disconnection shall occur unless the utility complies with (f) and (i) below.
(f) The utility may proceed with a field visit on
or after the disconnection date stated in the disconnection notice as follows:
(1) If an adult resident of the premises is not
at home, the utility shall leave a notice in a conspicuous location at the
premises and shall leave the premises without disconnecting the service; or
(2) If an adult resident of the premises is at home,
the utility shall ask if the medical emergency still exists and inform the
adult resident of the process for providing a certification of medical
emergency as described in Puc 1205.02 (b) and
(d). If no medical emergency exists, the
utility may proceed with the service disconnection in accordance with Puc 1203.11.
(g)
The notice required in (f)(1) above shall advise the customer;
(1) The medical emergency certification on the customer’s
account has expired;
(2) There is an unpaid past due balance on the account;
(3) The utility was at the premises that day to
disconnect the utility service;
(4) To contact the utility to make arrangement
for payment; and
(5) The utility will return the following week to
disconnect service unless the customer contacts the utility.
(h)
For the purposes of this section, the 8 business
day limitation established in Puc 1203.11(m) shall
begin upon the provision of notice pursuant to (f)(1) above.
(i) Prior to disconnecting the service of a
customer with whom no personal contact was made, a supervisor at the utility
shall review the account.
Source. #9990, eff 9-16-11; ss by #13031, eff 6-9-20
Puc 1205.06 Reporting Requirements.
(a)
Each utility shall provide an annual report to the commission
containing:
(1) The total number of customers with medical
emergency certifications on June 30;
(2) The total amount due and the total amount
past due as of June 30 for those customers with medical emergency certifications;
(3) The monthly average number of customers with
medical emergency certifications for the period July 1 through June 30;
(4) The monthly average balance due and past due
for the period July 1 through June 30;
(5) The percent of medical emergency customers
with past due balances as of June 30;
(6) The number of accounts with current medical
emergency certifications that were disconnected during the period July 1
through June 30 and the past due balances associated with those accounts;
(7) The number of accounts with expired medical
emergency certifications that were disconnected in accordance with Puc 1205.04 during the period July 1 through June 30 and
the past due balances associated with those accounts; and
(8) The number of customers with current medical emergency
certifications who were disconnected in error along with an explanation of why
the account was erroneously disconnected.
(b)
The report required in (a) above shall be submitted to the commission no
later than August 15 of each year.
(c)
A copy of the report required in (a) shall be provided to the office of
the consumer advocate.
Source. #9990, eff 9-16-11; ss by #13031, eff 6-9-20
APPENDIX
|
RULE NUMBER |
STATUTE IMPLEMENTED |
|
|
|
|
Puc 1201 -
1202 |
RSA
363-B; 365:8, I |
|
Puc
1203.01 - 1203.04 |
RSA
365:8, I |
|
Puc
1203.05 - 1203.07 |
RSA 363-B; 365:8, I |
|
Puc 1203
08 - 1203.09 |
RSA
365:1 & 2 |
|
Puc
1203.10 - 1204.06 |
RSA
363-B:1 & 2; 365:8, I |
|
Puc 1205 |
RSA 363-B; 365:8, I |