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CHAPTER 56. STANDARDS AND BILLING PRACTICES FOR
RESIDENTIAL UTILITY SERVICE
Subchap. Sec.
A. PRELIMINARY PROVISIONS 56.1
B. BILLING AND PAYMENT STANDARDS 56.11
C. CREDIT AND DEPOSITS STANDARDS POLICY 56.31
D. INTERRUPTION AND DISCONTINUANCE OF SERVICE 56.71
E. TERMINATION OF SERVICE 56.81
F. DISPUTES; TERMINATION DISPUTES; INFORMAL AND FORMAL COMPLAINTS 56.140
G. RESTORATION OF SERVICE 56.191
H. PUBLIC INFORMATION PROCEDURES; RECORD MAINTENANCE 56.201
I. INFORMAL COMPLAINTS 56.211
J. GENERAL PROVISIONS 56.221
K. MONTHLY UTILITY REPORTING REQUIREMENTS 56.231Source The provisions of this Chapter 56 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655, unless otherwise noted.
Cross References This chapter cited in 52 Pa. Code § 1.21 (relating to appearance); 52 Pa. Code § 3.112 (relating to action on informal complaints); 52 Pa. Code § 53.69 (relating to fixed rate option); 52 Pa. Code § 54.9 (relating to complaint handling process); 52 Pa. Code § 54.37 (relating to approval); 52 Pa. Code § 54.38 (relating to regulatory assessments); 52 Pa. Code § 54.189 (relating to default service customers); 52 Pa. Code § 55.2 (relating to personal contact before utility service discontinued); 52 Pa. Code § 55.115 (relating to coordination with other regulations); 52 Pa. Code § 62.79 (relating to complaint handling process); and 52 Pa. Code § 62.109 (relating to approval).
Subchapter A. PRELIMINARY PROVISIONS
Sec.
56.1. Statement of purpose and policy.
56.2. Definitions.§ 56.1. Statement of purpose and policy.
This chapter establishes and enforces uniform, fair and equitable residential utility service standards governing eligibility criteria, credit and deposit practices, and account billing, termination and customer complaint procedures. This chapter assures adequate provision of residential utility service, to restrict unreasonable termination of or refusal to provide that service and to provide functional alternatives to termination or refusal to provide that service. Every privilege conferred or duty required by this chapter imposes an obligation of good faith, honesty and fair dealing in its performance and enforcement. This chapter will be liberally construed to fulfill its purpose and policy and to insure justice for all concerned.
Source The provisions of this § 56.1 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655.
Notes of Decisions Retail Services
The provisions of this § 56.2 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504505, 1301 and 1501.
Source The provisions of this § 56.2 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; amended September 22, 1978, effective September 23, 1978, 8 Pa.B. 2632; amended April 8, 1983, effective April 9, 1983, 13 Pa.B. 1250; amended February 28, 1986, effective March 1, 1986, 16 Pa. B. 597; amended February 13, 1998, effective February 14, 1998, 28 Pa.B. 801; amended July 17, 1998, effective August 17, 1998, 28 Pa.B. 3379. Immediately preceding text appears at serial pages (244812) to (244813) and (241281) to (241283).
Notes of Decisions The utility did not improperly require customers to talk to the utility before filing a complaint with the Pennsylvania Public Utility Commission, where the regulations require the public utilities to attempt to resolve a dispute with a customer before any informal or formal complaint is filed with the Pennsylvania Public Utility Commission, and where the language used by the utility in its billing statement complied with 52 Pa. Code § 56.2. Aronson v. Pennsylvania Public Utility Commission, 740 A.2d 1208 (Pa. Cmwlth. 1999); appeal denied 751 A.2d 193 (Pa. 2000).
Cross References This section cited in 52 Pa. Code § 55.115 (relating to coordination with other regulations); 52 Pa. Code § 56.91 (relating to general notice provisions); 52 Pa. Code § 75.12 (relating to definitions); 52 Pa. Code § 56.140 (relating to follow-up response to inquiry); and 52 Pa. Code § 56.164 (relating to termination pending resolution of the dispute).
Subchapter B. BILLING AND PAYMENT STANDARDS
BILLING Sec.
56.11. Billing frequency.
56.12. Meter reading; estimated billing; ratepayer readings.
56.13. Separate billings for merchandise, appliances and nonrecurring services.
56.14. Previously unbilled utility service.
56.15. Billing information.
56.16. Transfer of accounts.
56.17. Advance payments.
PAYMENTS
56.21. Payment.
56.22. Accrual of late payment charges.
56.23. Application of partial payments between utility and other service.
56.24. Application of partial payments among several bills for utility service.
BILLING
§ 56.11. Billing frequency.
A utility shall render a bill once every billing period to every residential ratepayer in accordance with approved rate schedules.
Source The provisions of this § 56.11 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655.
Cross References The provisions of this § 56.12 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504506, 1301 and 1501.
Source The provisions of this § 56.12 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; amended April 8, 1983, effective April 9, 1983, 13 Pa.B. 1250; amended February 28, 1986, effective March 1, 1986, 16 Pa.B. 597; amended July 17, 1998, effective August 17, 1998, 28 Pa.B. 3379. Immediately preceding text appears at serial pages (241284) and (205725) to (205726).
Notes of Decisions Service
Failure by a condominium to pay sales taxes for electricity and steam is not one of the enumerated reasons to permit a utility company to terminate service. Philadelphia Electric Company v. Department of Revenue, 538 A.2d 607 (Pa. Cmwlth. 1988).
Sales Tax
By requiring public utilities to prepay sales taxes for its nonresidential customers and then write off as a bad debt any such taxes it cannot collect from the customer, the Legislature did not violate equal protection. Philadelphia Electric Company v. Department of Revenue, 538 A.2d 607 (Pa. Cmwlth. 1988).
Cross References This section cited in 52 Pa. Code § 54.153 (relating to reporting requirements); and 52 Pa. Code § 62.33 (relating to reporting requirements).
§ 56.13. Separate billings for merchandise, appliances and nonrecurring services.
Charges for other than basic servicethat is, merchandise, appliances and special services, including merchandise and appliance installation, sales, rental and repair costs; meter testing fees; line extension costs; special construction charges, and other nonrecurring charges, except as provided in this chaptershall appear on a separate bill.
Source The provisions of this § 56.13 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; corrected September 21, 1990, effective October 15, 1988, 20 Pa.B. 4864. Immediately preceding text appears at serial page (144885).
§ 56.14. Previously unbilled utility service.
When a utility renders a make-up bill for previously unbilled utility service resulting from utility billing error, meter failure, leakage that could not reasonably have been detected or loss of service, or four or more consecutive estimated bills and the make-up bill exceeds the otherwise normal estimated bill by at least 50% and at least $50:
(1) The utility shall review the bill with the ratepayer and make a reasonable attempt to enter into a payment agreement.
(2) The period of the payment agreement may, at the option of the ratepayer, extend at least as long as:
(i) The period during which the excess amount accrued.
(ii) Necessary so that the quantity of service billed in any one billing period is not greater than the normal estimated quantity for that period plus 50%.
Authority The provisions of this § 56.14 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1305, 1501 and 1504.
Source The provisions of this § 56.14 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; amended April 8, 1983, effective April 9, 1983, 13 Pa.B. 1250; amended July 17, 1998, effective August 17, 1998, 28 Pa.B. 3379. Immediately preceding text appears at serial pages (205726) to (205727).
Cross References The provisions of this § 56.15 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 1302, 1504 and 1509.
Source The provisions of this § 56.15 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; amended January 8, 1988, effective January 9, 1988, 18 Pa.B. 185. Immediately preceding text appears at serial pages (82128) to (82129).
Cross References This section cited in 52 Pa. Code § 54.2 (relating to definitions); 52 Pa. Code § 54.4 (relating to bill format for residential and small business customers); 52 Pa. Code § 62.72 (relating to definitions); 52 Pa. Code § 62.74 (relating to bill format for residential and small business customers); and 52 Pa. Code § 69.251 (relating to plain languagestatement of policy).
§ 56.16. Transfer of accounts.
(a) A ratepayer who is about to vacate premises supplied with utility service or who wishes to have service discontinued shall give at least 7 days notice to the utility and a nonratepayer occupant, specifying the date on which it is desired that service be discontinued. In the absence of a notice, the ratepayer shall be responsible for services rendered.
(b) In the event of discontinuance or termination of service at a residence or dwelling in accordance with this chapter, a utility may transfer an unpaid balance to a new residential service account of the same ratepayer.
(c) If a termination notice has been issued in accordance with § 56.91 (relating to general notice provisions) and subsequent to the mailing or delivery of a notice, a ratepayer requests a transfer of service to a new location, the termination process as set forth in § § 56.9156.99 may continue at the new location.
(1) In the event that notifications set forth under § 56.91 and § 56.95 (relating to deferred termination when no prior contact) have been rendered and service has not been terminated due to a denial of access to the premises, the utility may deny service at a new location when a service transfer is requested.
(2) Nothing in this section shall be construed to limit the right of a ratepayer to dispute a bill within the meaning of § § 56.14156.143.
(d) In the event of a termination of service to a residential ratepayer, a utility may transfer to the account of a third-party guarantor any portion of the unpaid balance which is equivalent to the cash deposit requirement of the ratepayer.
Authority The provisions of this § 56.16 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1305, 1501 and 1504.
Source The provisions of this § 56.17 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1304, 1501, 1504 and 2911.
Source The provisions of this § 56.17 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; amended April 8, 1983, effective April 9, 1983, 13 Pa.B. 1250; amended January 13, 1995, effective April 14, 1995, 25 Pa.B. 145. Immediately preceding text appears at serial page (169480).
PAYMENTS
§ 56.21. Payment.
The due date for payment of a bill may be no less than 20 days from the date of transmittal; that is, the date of mailing or physical delivery by the utility to the ratepayer.
(1) Extension of due date to next business day. If the last day for payment falls on a Saturday, Sunday, bank holiday or other day when the offices of the utility which regularly receive payments are not open to the general public, the due date shall be extended to the next business day.
(2) Date of payment by mail. For a remittance by mail, one or more of the following applies:
(i) Payment shall be deemed to have been made on the date of the postmark.
(ii) The utility may not impose a late payment charge unless payment is received more than 5 days after the due date.
(3) Branch offices or authorized payment agents. The effective date of payment to a branch office or authorized payment agent, unless payment is made by mail under paragraph (2), is the date of actual receipt of payment at that location.
(4) Multiple notifications. When a utility advises a ratepayer by multiple notices or contacts, which contain different due dates, the date on or before which payment is due shall be the last date contained in any of the notices.
Authority The provisions of this § 56.21 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1305, 1501 and 1504.
Source The provisions of this § 56.21 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; amended April 8, 1983, effective April 9, 1983, 13 Pa.B. 1250; corrected March 27, 1992, effective June 30, 1990, 22 Pa.B. 1426. Immediately preceding text appears at serial pages (144888) to (144889).
Notes of Decisions Equal Protection
By requiring public utilities to prepay sales taxes for its nonresidential customers and then write off as a bad debt any such taxes it cannot collect from the customer, the Legislature did not violate equal protection. Philadelphia Electric Company v. Department of Revenue, 538 A.2d 607 (Pa. Cmwlth. 1988).
Cross References The provisions of this § 56.22 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1305, 1501 and 1504.
Source The provisions of this § 56.22 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; amended April 8, 1983, effective April 9, 1983, 13 Pa.B. 1250. Immediately preceding text appears at serial pages (37333) to (37334).
Notes of Decisions Conflict with Statute
Since 42 Pa.C.S. § 8101 (relating to interest on judgments) limits postjudgment interest to 6% per year unless otherwise provided by another statute, it supersedes the regulation that provides for 18% interest per year on amounts owed to a public utility. Equitable Gas Co. v. Wade, 812 A.2d 715 (Pa. Super. 2002).
Late Payment Charges
In its monthly billing statements, the utility clearly instructed its customers to pay either the account balance or the optional payment amount by a certain date to avoid a specified late payment charge calculated at a certain monthly percentage rate, and thus the billing statements contained all of the information required by the regulations and the tariff approved by the Pennsylvania Public Utility Commission; moreover, the Pennsylvania Public Utility Commission had approved the specific language used in the monthly billing statements under the detailed plain language guidelines set forth in 52 Pa. Code § 69.251. Aronson v. Pennsylvania Public Utility Commission, 740 A.2d 1208 (Pa. Cmwlth. 1999); appeal denied 751 A.2d 193 (Pa. 2000).
Cross References This section cited in 52 Pa. Code § 56.15 (relating to billing information); and 52 Pa. Code § 56.181 (relating to duties of parties; disputing partys duty to pay undisputed portion of bills; utilitys duty to pay interest whenever overpayment found).
§ 56.23. Application of partial payments between utility and other service.
Payments received by a utility without written instructions that they be applied to merchandise, appliances, special services, meter testing fees or other nonbasic charges and which are insufficient to pay the balance due for the items plus amounts billed for utility service shall first be applied to the residential utility service.
Authority The provisions of this § 56.23 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1305, 1501 and 1504.
Source The provisions of this § 56.23 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; amended April 8, 1983, effective April 9, 1983, 13 Pa.B. 1250. Immediately preceding text appears at serial page (37334).
§ 56.24. Application of partial payments among several bills for utility service.
In the absence of written instructions, a disputed bill or an amortization agreement, payments received by a utility which are insufficient to pay a balance due both for prior service and for service billed during the current billing period shall first be applied to the balance due for prior service.
Source The provisions of this § 56.24 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655.
Subchapter C. CREDIT AND DEPOSITS STANDARDS POLICY
PROCEDURES FOR NEW APPLICANTS Sec.
56.31. Policy statement.
56.32. Credit standards.
56.33. Cash deposits; third-party guarantors.
56.34. Deposits for temporary service.
56.35. Payment of outstanding balance.
56.36. Written procedures.
56.37. General rule.
56.38. Payment period for deposits by applicants.
PROCEDURES FOR EXISTING RATEPAYERS
56.41. General rule.
56.42. Payment period for deposits.
56.43. Deposit method; cash deposit or composite group.
CASH DEPOSITS
56.51. Amount of cash deposit.
56.52. [Reserved].
56.53. Refund of deposit.
56.54. Application of deposit to bills.
56.55. Periodic review.
56.56. Refund statement.
56.57. Interest rate.
56.58. Application of interest.
56.6156.65. [Reserved].
PROCEDURES FOR NEW APPLICANTS
§ 56.31. Policy statement.
An essential ingredient of the credit and deposit policies of each utility shall be the equitable and nondiscriminatory application of those precepts to potential and actual ratepayers throughout the service area without regard to the economic character of the area or any part thereof. Deposit policies shall be based upon the credit risk of the individual applicant or ratepayer rather than the credit history of the affected premises or the collective credit reputation or experience in the area in which he lives and without regard to race, sex, age over 18, national origin or marital status.
Source The provisions of this § 56.32 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1305, 1501 and 1504.
Source The provisions of this § 56.32 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; amended April 8, 1983, effective April 9, 1983, 13 Pa.B. 1250. Immediately preceding text appears at serial pages (37336) to (37337).
Notes of Decisions Security Deposit
A utility may not require a security deposit from a consumer based solely upon its determination that she has no prior credit history. No sanction will be imposed against the utility when the consumer is not entirely without fault in the utilitys determination that a security deposit is necessary. West Penn Power Co. v. Pennsylvania Public Utility Commission, 521 A.2d 75 (Pa. Cmwlth. 1987).
Cross References This section cited in 52 Pa. Code § 56.33 (relating cash deposits; third-party guarantors); 52 Pa. Code § 56.53 (relating to refund of deposit); and 52 Pa. Code § 64.32 (relating to credit standards).
§ 56.33. Cash deposits; third-party guarantors.
If an applicant does not establish his credit under § 56.32 (relating to credit standards), the utility shall provide residential service when one of the following requirements is satisfied:
(1) Cash deposit. The applicant posts a cash deposit.
(2) Third-party guarantor. The applicant furnishes a written guarantee from a responsible ratepayer which, for the purposes of this section, shall mean a ratepayer who has or can establish credit, under § 56.32, to secure payment in an amount equal to that required for cash deposits.
(i) A guarantee shall be in writing and shall state the terms of the guarantee.
(ii) The guarantor shall be discharged when the applicant has met the terms and conditions which apply under § § 56.5256.57.
Authority The provisions of this § 56.33 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504506, 1301 and 1501.
Source The provisions of this § 56.33 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; amended July 17, 1998, effective August 17, 1998, 28 Pa.B. 3379. Immediately preceding text appears at serial pages (241285) to (241286).
Cross References This section cited in 52 Pa. Code § 56.53 (relating to refund of deposit).
§ 56.34. Deposits for temporary service.
Deposits for applicants for temporary service may be required in accordance with § 53.82(1) (relating to deposits).
Source The provisions of this § 56.35 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504 and 15011504.
Source The provisions of this § 56.35 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; amended September 10, 1982, effective September 11, 1982, 12 Pa.B. 3093; amended April 8, 1983, effective April 9, 1983, 13 Pa.B. 1250. Immediately preceding text appears at serial pages (37337) and (73189).
Cross References This section cited in 52 Pa. Code § 56.142 (relating to time for filing a termination dispute or informal complaints).
§ 56.36. Written procedures.
A utility shall establish written procedures for determining the credit status of an applicant. A utility employe processing applications or determining the credit status of applicants shall be supplied with or have ready access to a copy of the written procedures of the utility. A copy of these procedures shall be maintained on file in each of the business offices of the utility and made available, upon request, for inspection by members of the public and the Commission.
(1) Reasons for denial of credit. If credit is denied, the utility shall inform the ratepayer or applicant in writing of the reasons for the denial.
(2) Informing applicants of procedures. Utility personnel shall fully explain the credit and deposit procedures of the utility to each ratepayer or applicant for service.
Source The provisions of this § 56.36 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655.
§ 56.37. General rule.
If the investigation and determination of credit status is expected to take or in fact takes longer than 3 business days commencing the date after the application is made, the utility shall provide service pending completion of the investigation.
Source The provisions of this § 56.37 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655.
§ 56.38. Payment period for deposits by applicants.
An applicant may elect to pay any required deposits in three installments: 50% payable upon the determination by the utility that the deposit is required, 25% payable 30 days after the determination, and 25% payable 60 days after the determination.
Authority The provisions of this § 56.38 issued under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1305, 1501 and 1504.
Source The provisions of this § 56.38 adopted April 8, 1983, effective April 9, 1983, 13 Pa.B. 1250.
PROCEDURES FOR EXISTING RATEPAYERS
§ 56.41. General rule.
A utility may require an existing ratepayer to post a deposit to reestablish credit under the following circumstances:
(1) Delinquent accounts. Whenever a ratepayer has been delinquent in the payment of any two consecutive bills or three or more bills within the preceding 12 months.
(i) Prior to requesting a deposit under this section, the utility shall give the ratepayer written notification of its intent to request a cash deposit if current and future bills continue to be paid after the due date.
(A) Notification shall clearly indicate that a deposit is not required at this time but that if bills continue to be paid after the due date a deposit will be required.
(B) Notification may be mailed or delivered to the ratepayer together with a bill for utility service.
(C) Notification shall set forth the address and phone number of the utility office where complaints or questions may be registered.
(D) A subsequent request for deposit shall clearly indicate that a ratepayer should register any question or complaint about that matter prior to the date the deposit is due in order to avoid having service terminated pending resolution of a dispute. The request shall also include the address and telephone number of the utility office where questions or complaints may be registered.
(ii) Except in the case of adjustments to equal monthly billing plans, a utility may issue a notification or subsequent request for a deposit based, in whole or in part, on a delinquent account arising out of a make-up bill as defined in § 56.14 (relating to previously unbilled utility services), under the following conditions:
(A) The utility has complied with the requirements of § 56.14. Compliance with a payment agreement or settlement agreement by the ratepayer discharges the delinquency, and a notification or request for deposit shall not thereafter be issued based on the make-up bill.
(B) If a make-up bill exceeds the otherwise normal estimated bill by at least 50% and if the ratepayer makes payment in full after the bill is delinquent but before a notification of intent to request a deposit is given to the ratepayer, such a notification or request for deposit shall not thereafter be issued based on the make-up bill.
(2) Condition to the reconnection of service. A utility may require a deposit as a condition to reconnection of service following a termination.
(3) Failure to comply with settlement or payment agreement. A utility may require a deposit, whether or not service has been terminated, when a ratepayer fails to comply with a material term or condition of a settlement or payment agreement.
Authority The provisions of this § 56.41 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1305, 1501 and 1504.
Source The provisions of this § 56.41 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; amended April 8, 1983, effective April 9, 1983, 13 Pa.B. 1250. Immediately preceding text appears at serial pages (73190) to (73191) and (37340).
Cross References This section cited in 52 Pa. Code § 56.42 (relating to payment period for deposits); and 52 Pa. Code § 56.83 (relating to unauthorized termination of service).
§ 56.42. Payment period for deposits.
The due date for payment of a deposit other than a deposit required as a condition for the reconnection of service under § 56.41(b) (relating to general rule) may not be less than 21 days from the date of mailing or service on the ratepayer of notification of the amount due. A ratepayer may elect to pay a required deposit in three installments: 50% payable upon the determination by the utility that the deposit is required, 25% payable 30 days after the determination and 25% payable 60 days after the determination.
Authority The provisions of this § 56.42 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1304, 1501 and 1504.
Source The provisions of this § 56.42 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; amended April 8, 1983, effective April 9, 1983, 13 Pa.B. 1250; corrected September 16, 1988, effective June 30, 1979, 18 Pa.B. 4245. Immediately preceding text appears at serial page (37340).
§ 56.43. Deposit method; cash deposit or composite group.
Whenever a ratepayer is required to make a deposit, the requirement may be satisfied either by posting a cash deposit or becoming a member in good standing of a composite group.
Source The provisions of this § 56.43 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655.
CASH DEPOSITS
§ 56.51. Amount of cash deposit.
(a) Applicants. A utility may not require a cash deposit from an applicant in excess of the average estimated bill of the applicant for a period equal to one billing period plus 1 additional months service, not to exceed 4 months in the case of water and sewage utilities and 2 months in the case of gas, electric and steam heat utilities, with a minimum deposit of $5.
(b) Existing ratepayers. For an existing ratepayer, the cash deposit may not exceed the estimated charges for service based on the prior consumption of that ratepayer for the class of service involved for a period equal to one average billing period plus 1 average month, not to exceed 4 months in the case of water and sewage utilities and 2 months in the case of gas, electric and steam heat utilities, with a minimum of $5.
(c) Adjustment of deposits. The amount of a cash deposit may be adjusted at the request of the ratepayer or the utility whenever the character or degree of the usage of the ratepayer has materially changed or when it is clearly established that the character or degree of service will materially change in the immediate future.
Source The provisions of this § 56.51 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655.
§ 56.52. [Reserved].
Source The provisions of this § 56.52 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; reserved April 8, 1983, effective April 9, 1983, 13 Pa.B. 1250. Immediately preceding text appears at serial page (37341).
Cross References The provisions of this § 56.53 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504506, 1301, 1305, 1501 and 1504.
Source The provisions of this § 56.53 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; amended April 8, 1983, effective April 9, 1983, 13 Pa.B. 1250; amended July 17, 1998, effective August 17, 1998, 28 Pa.B. 3379. Immediately preceding text appears at serial pages (205740) to (205741).
Cross References This section cited in 52 Pa. Code § 56.33 (relating to cash deposits; third-party guarantors); and 52 Pa. Code § 56.55 (relating to periodic review).
§ 56.54. Application of deposit to bills.
The ratepayer may elect to have a deposit applied to reduce bills for utility service or to receive a cash refund.
Authority The provisions of this § 56.54 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1305, 1501 and 1504.
Source The provisions of this § 56.54 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; amended April 8, 1983, effective April 9, 1983, 13 Pa.B. 1250. Immediately preceding text appears at serial pages (37342) to (37343).
Cross References This section cited in 52 Pa. Code § 56.33 (relating to cash deposits; third-party guarantors); and 52 Pa. Code § 56.55 (relating to periodic review).
§ 56.55. Periodic review.
If a ratepayer is not entitled to refund under § 56.53 (relating to refund of deposit), the utility shall review the account of the ratepayer each succeeding billing period and shall make appropriate disposition of the deposit in accordance with § 56.53 and § 56.54 (relating to application of deposit to bills).
Authority The provisions of this § 56.55 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1305, 1501 and 1504.
Source The provisions of this § 56.55 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; amended April 8, 1983, effective April 9, 1983, 13 Pa.B. 1250. Immediately preceding text appears at serial pages (37343).
Cross References This section cited in 52 Pa. Code § 56.33 (relating to cash deposits; third-party guarantors).
§ 56.56. Refund statement.
If a cash deposit is applied or refunded, the utility shall mail or deliver to the ratepayer a written statement showing the amount of the original deposit plus accrued interest, the application of the deposit to a bill which had previously accrued, the amount of unpaid bills liquidated by the deposit and the remaining balance.
Authority The provisions of this § 56.56 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1305, 1501 and 1504.
Source The provisions of this § 56.56 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; amended April 8, 1983, effective April 9, 1983, 13 Pa.B. 1250. Immediately preceding text appears at serial page (37343).
Cross References This section cited in 52 Pa. Code § 56.33 (relating to cash deposits; third-party guarantors).
§ 56.57. Interest rate.
Interest at the rate of the average of 1-year Treasury Bills for September, October and November of the previous year is payable on deposits without deductions for taxes thereon unless otherwise required by law.
Authority The provisions of this § 56.57 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1305, 1501, 1504 and 2911.
Source The provisions of this § 56.57 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; amended April 8, 1983, effective April 9, 1983, 13 Pa.B. 1250; amended January 13, 1995, effective April 14, 1995, 25 Pa.B. 145. Immediately preceding text appears at serial page (144901).
Cross References This section cited in 52 Pa. Code § 56.33 (relating to cash deposits; third-party guarantors).
§ 56.58. Application of interest.
Interest shall be paid annually to the ratepayer, or, at the option of either the utility or the ratepayer, shall be applied to service bills.
Source The provisions of this § 56.58 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655.
§ § 56.6156.65. [Reserved].
Source The provisions of these § § 56.6156.65 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; reserved July 17, 1998, effective August 17, 1998, 28 Pa.B. 3379. Immediately preceding text appears at serial pages (205743) to (205744) and (241289).
Subchapter D. INTERRUPTION AND DISCONTINUANCE
OF SERVICE
Sec.
56.71. Interruption of service.
56.72. Discontinuation of service.§ 56.71. Interruption of service.
A utility may temporarily interrupt service where necessary to effect repairs or maintenance; to eliminate an imminent threat to life, health, safety or substantial property damage; or for reasons of local, State or national emergency.
(1) Interruption with prior notice. Where the utility knows in advance of the circumstances requiring the service interruption, prior notice of the cause and expected duration of the interruption shall be given to ratepayers and occupants who may be affected.
(2) Interruption without prior notice. Where service is interrupted due to unforeseen circumstances, notice of the cause and expected duration of the interruption shall be given as soon as possible to ratepayers and occupants who may be affected.
(3) Notification procedures. Where ratepayers and occupants are to be notified under this section, the utility shall take reasonable steps, such as personal contact, phone contact and use of the mass media, to notify affected ratepayers and occupants of the cause and expected duration of the interruption.
(4) Permissible duration. Service may be interrupted for only the periods of time as are necessary to protect the health and safety of the public, to protect property or to remedy the situation which necessitated the interruption; and service shall be resumed as soon as possible thereafter.
Authority The provisions of this § 56.71 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1305, 1501 and 1504.
Source The provisions of this § 56.71 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; amended April 8, 1983, effective April 9, 1983, 13 Pa.B. 1250. Immediately preceding text appears at serial pages (52630) to (52631).
Cross References The provisions of this § 56.72 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1305, 1501 and 1504.
Source The provisions of this § 56.72 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; amended April 8, 1983, effective April 9, 1983, 13 Pa.B. 1250. Immediately preceding text appears at serial pages (52631) and (40805).
Notes of Decisions Notice of Discontinuation
In an action in which landlords alleged that the utilitys disconnection of service without notification to them as owners of the property was negligent, unreasonable, and a violation of the Public Utility Commissions regulations, the court held that this regulation, which permits a public utility to discontinue service without prior written notice when the ratepayer (in this case, the tenants) request discontinuance of service, was reasonable and not an arbitrary execution of the agencys functions; this court would not rectify a landlords failure to protect himself contractually by creating a statutory duty out of whole cloth for public utilities to provide notice to nonratepaying landlords. Rohrbaugh v. Pennsylvania Public Utility Commission, 727 A.2d 1080 (Pa. 1999).
Cross References This section cited in 52 Pa. Code § 56.2 (relating to definitions); 52 Pa. Code § 56.17 (relating to advance payments); and 52 Pa. Code § 56.93 (relating to personal contact).
Subchapter E. TERMINATION OF SERVICE
GROUNDS FOR TERMINATION Sec.
56.81. Authorized termination of service.
56.82. Days termination of service is prohibited.
56.83. Unauthorized termination of service.
NOTICE PROCEDURES PRIOR TO TERMINATION
56.91. General notice provisions.
56.92. Notice when dispute pending.
56.93. Personal contact.
56.94. Procedures immediately prior to termination.
56.95. Deferred termination when no prior contact.
56.96. Post-termination notice.
56.97. Procedures upon ratepayer or occupant contact prior to termination.
56.98. Exception for terminations based on occurrences harmful to person or property.
56.99. Use of termination notice solely as collection device prohibited.
56.100. Winter termination procedures.
NOTICE PROCEDURES AFTER DISPUTE FILED
56.101. Limited notice upon noncompliance with report or order.
EMERGENCY PROVISIONS
56.111. General provision.
56.112. Postponement of termination pending receipt of certificate.
56.113. Medical certifications.
56.114. Length of postponement; renewals.
56.115. Restoration of service.
56.116. Duty of ratepayer to pay bills.
56.117. Termination upon expiration of medical certification.
56.118. Right of utility to petition the Commission.
56.12156.126. [Reserved].
THIRD-PARTY NOTIFICATION
56.131. Third-party notification.
GROUNDS FOR TERMINATION
§ 56.81. Authorized termination of service.
Utility service to a dwelling may be terminated for one or more of the following reasons:
(1) Nonpayment of an undisputed delinquent account.
(2) Failure to post a deposit, provide a guarantee or establish credit.
(3) Unreasonable refusal to permit access to meters, service connections and other property of the utility for the purpose of maintenance, repair or meter reading.
(4) Unauthorized use of the utility service delivered on or about the affected dwelling.
(5) Failure to comply with the material terms of a settlement or payment agreement.
(6) Fraud or material misrepresentation of identity for the purpose of obtaining utility service.
(7) Tampering with meters or other utility equipment.
(8) Violating tariff provisions on file with the Commission so as to endanger the safety of a person or the integrity of the energy delivery system of the utility.
Authority The provisions of this § 56.81 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1305, 1501 and 1504.
Source The provisions of this § 56.81 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; amended April 8, 1983, effective April 9, 1983, 13 Pa.B. 1250. Immediately preceding text appears at serial pages (40806) and (52632).
Cross References This section cited in 52 Pa. Code § 56.118 (relating to right of utility to petition the Commission); and 52 Pa. Code § 65.7 (relating to metered service).
§ 56.82. Days termination of service is prohibited.
Except in emergencieswhich include unauthorized use of utility serviceservice shall not be terminated, for nonpayment of charges or for any other reason, during the following periods:
(1) On Friday, Saturday, or Sunday.
(2) On a bank holiday or on the day preceding a bank holiday.
(3) On a holiday observed by the utility or on the day preceding such holiday. A holiday observed by a utility shall mean any day on which the business office of the utility is closed to observe a legal holiday, to attend utility meetings or functions, or for any other reason.
(4) On a holiday observed by the Commission or on the day preceding such holiday.
Authority The provisions of this § 56.82 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1305, 1501 and 1504.
Source The provisions of this § 56.82 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; amended April 8, 1983, effective April 9, 1983, 13 Pa.B. 1250. Immediately preceding text appears at serial page (52632).
Cross References The provisions of this § 56.83 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1305, 1501 and 1504.
Source The provisions of this § 56.83 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; amended April 8, 1983, effective April 9, 1983, 13 Pa.B 1250. Immediately preceding text appears at serial pages (52632) to (52633).
Cross References This section cited in 52 Pa. Code § 56.118 (relating to right of utility to petition the Commission); and 52 Pa. Code § 65.9 (relating to adjustment of bills for meter error).
NOTICE PROCEDURES PRIOR TO TERMINATION
§ 56.91. General notice provisions.
Prior to a termination of service, the utility shall mail or deliver written notice to the ratepayer at least 10 days prior to the date of the proposed termination. In the event of any taking or acceptance of utility service without the knowledge or approval of the utility, other than unauthorized use of service as defined in § 56.2 (relating to definitions), the utility shall comply with § § 56.9356.97, but need not otherwise provide notice 10 days prior to termination.
Authority The provisions of this § 56.91 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504506, 1301, 1305, 1501 and 1504.
Source The provisions of this § 56.91 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; amended April 8, 1983, effective April 9, 1983, 13 Pa.B. 1250; amended July 17, 1998, effective August 17, 1998, 28 Pa.B. 3379. Immediately preceding text appears at serial page (205752).
Cross References This section cited in 52 Pa. Code § 56.16 (relating to transfer of accounts); 52 Pa. Code § 56.100 (relating to winter termination procedures); 52 Pa. Code § 56.117 (relating to termination upon expiration of medical certification); 52 Pa. Code § 56.118 (relating to right of utility to petition the Commission); and 52 Pa. Code § 56.164 (relating to termination pending resolution of the dispute).
§ 56.92. Notice when dispute pending.
A utility may not mail or deliver a notice of termination if a notice of dispute has been filed and is unresolved and if the subject matter of the dispute forms the grounds for the proposed termination. A notice mailed or delivered in contravention of this section is void.
Source The provisions of this § 56.92 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655.
Notes of Decisions Notice; Jurisdiction of Commission
When the utility sent a termination notice more than 6 weeks before the petitioner filed his complaint with the Commission, the sending of the termination notice was not in violation of § 56.92. In addition, the sending of the termination notice did not invoke Commission jurisdiction. Gasparro v. Public Utility Commission, 814 A.2d 1282 (Pa. Cmwlth. 2003).
Cross References This section cited in 52 Pa. Code § 56.16 (relating to transfer of accounts); 52 Pa. Code § 56.100 (relating to winter termination procedures); 52 Pa. Code § 56.118 (relating to right of utility to petition the Commission); and 52 Pa. Code § 56.164 (relating to termination pending resolution of the dispute).
§ 56.93. Personal contact.
Except when authorized by § 56.71, § 56.72 or § 56.98 (relating to interruption of service; discontinuation of service; and exception for terminations based on occurrences harmful to person or property), a utility may not interrupt, discontinue or terminate service without personally contacting the ratepayer or a responsible adult occupant at least 3 days prior to the interruption, discontinuance or termination, in addition to providing other notice as specified by the properly filed tariff of the utility or as required by this chapter or other Commission directive. For purposes of this section, personal contact means:
(1) Contacting the ratepayer or responsible adult occupant in person or by telephone.
(2) Contacting another person whom the ratepayer has designated to receive a copy of a notice of termination, other than a member or employe of the Commission.
(3) If the ratepayer has not made the designation noted in paragraph (2), contacting a community interest group or other entity, including a local police department, which previously shall have agreed to receive a copy of the notice of termination and to attempt to contact the ratepayer.
(4) If the ratepayer has not made the designation noted in paragraph (2) and if there is no community interest group or other entity which previously has agreed to receive a copy of the notice of termination, contacting the Commission in writing.
Authority The provisions of this § 56.93 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504506, 1301 and 1501.
Source The provisions of this § 56.93 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; amended July 17, 1998, effective August 17, 1998, 28 Pa.B. 3379. Immediately preceding text appears at serial pages (241291) to (241292).
Cross References This section cited in 52 Pa. Code § 56.16 (relating to transfer of accounts); 52 Pa. Code § 56.91 (relating to general notice provisions); 52 Pa. Code § 56.100 (relating to winter termination procedures); 52 Pa. Code § 56.101 (relating to limited notice upon noncompliance with report or order); 52 Pa. Code § 56.117 (relating to termination upon expiration of medical certification); 52 Pa. Code § 56.118 (relating to right of utility to petition the Commission); and 52 Pa. Code § 56.164 (relating to termination pending resolution of the dispute).
§ 56.94. Procedures immediately prior to termination.
Immediately preceding the termination of service, a utility employe, who may be the utility employe designated to perform the termination, shall attempt to make personal contact with a responsible person at the residence of the ratepayer and shall attempt to make personal contact with a responsible person at the affected dwelling.
(1) Termination prohibited in certain cases. If evidence is presented which indicates that payment has been made, a serious illness or medical condition exists, or a dispute or complaint is properly pending or if the employe is authorized to receive payment and payment in full is tendered in any reasonable manner, then termination shall not occur. However, if the disputing party does not pay all undisputed portions of the bill, termination may occur.
(2) Methods of payment. Payment in any reasonable manner includes payment by personal check unless the ratepayer within the past year has tendered a check which has been returned for insufficient funds or for which payment has been stopped.
Authority The provisions of this § 56.94 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1305, 1501 and 1504.
Source The provisions of this § 56.94 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; amended April 8, 1983, effective April 9, 1983, 13 Pa.B. 1250; amended September 14, 1984, effective September 15, 1984, 14 Pa.B. 3364. Immediately preceding text appears at serial pages (82153) to (82154).
Cross References This section cited in 52 Pa. Code § 56.16 (relating to tranfer of accounts); 52 Pa. Code § 56.91 (relating to general notice provisions); 52 Pa. Code § 56.95 (relating to deferred termination when no prior contact); 52 Pa. Code § 56.100 (relating to winter termination procedures); 52 Pa. Code § 56.117 (relating to termination upon expiration of medical certification); 52 Pa. Code § 56.118 (relating to right of utility to petition the Commission); and 52 Pa. Code § 56.164 (relating to termination pending resolution of the dispute).
§ 56.95. Deferred termination when no prior contact.
If a prior contact has not been made with a responsible adult either at the residence of the ratepayer, as required by § 56.94 (relating to procedures immediately prior to termination) or at the affected dwelling, the employe may not terminate service but shall conspicuously post a termination notice at the residence of the ratepayer and the affected dwelling, advising that service will be disconnected not less than 48 hours from the time and date of posting.
Authority The provisions of this § 56.95 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1305, 1501 and 1504.
Source The provisions of this § 56.95 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; amended April 8, 1983, effective April 9, 1983, 13 Pa.B. 1250. Immediately preceding text appears at serial page (40807).
Cross References This section cited in 52 Pa. Code § 56.16 (relating to transfer of accounts); 52 Pa. Code § 56.91 (relating to general notice provisions); 52 Pa. Code § 56.100 (relating to winter termination procedures); 52 Pa. Code § 56.101 (relating to limited notice upon noncompliance with report or order); 52 Pa. Code § 56.117 (relating to termination upon expiration of medical certification); 52 Pa. Code § 56.118 (relating to right of utility to petition the Commission); and 52 Pa. Code § 56.164 (relating to termination pending resolution of the dispute).
§ 56.96. Post-termination notice.
When service is actually terminated, notice or a written statement which contains the address and telephone number of the utility where the ratepayer or occupant may arrange to have service restored as well as a medical emergency notice substantially in the form which is attached to this chapter as Appendix B (relating to medical emergency notice) shall be conspicuously posted or delivered to a responsible person at the residence of the ratepayer and at the affected premises.
Source The provisions of this § 56.96 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655.
Cross References This section cited in 52 Pa. Code § 56.2 (relating to definitions); 52 Pa. Code § 56.16 (relating to transfer of accounts); 52 Pa. Code § 56.91 (relating to general notice provisions); 52 Pa. Code § 56.101 (relating to limited notice upon noncompliance with report or order); 52 Pa. Code § 56.117 (relating to termination upon expiration of medical certification); 52 Pa. Code § 56.118 (relating to right of utility to petition the Commission); and 52 Pa. Code § 56.164 (relating to termination pending resolution of the dispute).
§ 56.97. Procedures upon ratepayer or occupant contact prior to termination.
(a) If, after the issuance of the initial termination notice and prior to the actual termination of service, a ratepayer or occupant contacts the utility concerning a proposed termination, an authorized utility employe shall fully explain:
(1) The reasons for the proposed termination.
(2) All available methods for avoiding a termination, including the following:
(i) Tendering payment in full or otherwise eliminating the grounds for termination.
(ii) Entering a settlement or payment agreement.
(3) The medical emergency procedures.
(b) The utility, through its employes, shall exercise good faith and fair judgment in attempting to enter a reasonable settlement or payment agreement or otherwise equitably to resolve the matter. Factors to be taken into account when attempting to enter into a reasonable settlement or payment agreement include the size of the unpaid balance, the ability of the ratepayer to pay, the payment history of the ratepayer and the length of time over which the bill accumulated. If a settlement or payment agreement is not established, the company shall further explain the following:
(1) The right of the ratepayer to file a dispute with the utility and, thereafter, an informal complaint with the Commission.
(2) The procedures for resolving disputes and informal complaints, including the address and telephone number of the Commission: Public Utility Commission, Box 3265, Harrisburg, Pennsylvania, 17105-3265, (800) 692-7380.
(3) The duty of the ratepayer to pay any portion of a bill which the ratepayer does not honestly dispute.
Authority The provisions of this § 56.97 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504506, 1301, 1305, 1501 and 1504.
Source The provisions of this § 56.97 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; amended September 22, 1978, effective September 23, 1978, 8 Pa.B. 2632; amended April 8, 1983, effective April 9, 1983, 13 Pa.B. 1250; amended July 17, 1998, effective August 17, 1998, 28 Pa.B. 3379. Immediately preceding text appears at serial pages (205756) to (205757).
Cross References This section cited in 52 Pa. Code § 56.17 (relating to advance payments); 52 Pa. Code § 56.72 (relating to discontinuance of service); 52 Pa. Code § 56.91 (relating to general notice provisions); 52 Pa. Code § 56.118 (relating to right of utility to petition the Commission); 52 Pa. Code § 56.164 (relating to termination pending resolution of the dispute); and 52 Pa. Code § 62.2 (relating to definitions).
§ 56.98. Exception for terminations based on occurrences harmful to
person or property.Notwithstanding any other provision of this chapter, when a service termination is based on an occurrence which endangers the safety of any person or may prove harmful to the energy delivery system of the utility, the utility may terminate service without written notice so long as the utility honestly and reasonably believes grounds to exist. At the time of termination, the utility shall make a bona fide attempt to deliver a notice of termination to a responsible person at the affected premises and, in the case of a single meter, multiunit dwelling, shall conspicuously post the notice at the dwelling, including common areas when permissible.
Authority The provisions of this § 56.98 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1305, 1501, 1504 and 2911.
Source The provisions of this § 56.98 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; amended April 8, 1983, effective April 9, 1983, 13 Pa.B. 1250; amended January 13, 1995, effective April 14, 1995, 25 Pa.B. 145. Immediately preceding text appears at serial page (172375).
Cross References This section cited in 52 Pa. Code § 56.16 (relating to transfer of accounts); 52 Pa. Code § 56.93 (relating to personal contact); 52 Pa. Code § 56.100 (relating to winter termination procedures); 52 Pa. Code § 56.118 (relating to right of utility to petition the Commission); and 52 Pa. Code § 56.164 (relating to termination pending resolution of the dispute).
§ 56.99. Use of termination notice solely as collection device prohibited.
A utility may not threaten to terminate service when it has no present intent to terminate service or when actual termination is prohibited under this chapter; notice of the intent to terminate shall be used only as a warning that service will in fact be terminated in accordance with the procedures set forth by this chapter, unless the ratepayer or occupant remedies the situation which gave rise to the enforcement efforts of the utility.
Source The provisions of this § 56.99 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655.
Notes of Decisions A utility is not permitted to threaten to terminate service when it has no present intent to do so and it cannot use a termination notice as a device to collect a security deposit. West Penn Power Co. v. Pennsylvania Public Utility Commission, 521 A.2d 75 (Pa. Cmwlth. 1987).
Cross References The provisions of this § 56.100 issued under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1305, 1501 and 1504.
Source The provisions of this § 56.100 adopted April 8, 1983, effective April 9, 1983, 13 Pa.B. 1250.
Cross References This section cited in 52 Pa. Code § 56.101 (relating to limited notice upon noncompliance with report or order).
NOTICE PROCEDURES AFTER DISPUTE FILED
§ 56.101. Limited notice upon noncompliance with report or order.
(a) Except during the winter period identified in § 56.100 (relating to winter termination procedures), the original grounds for terminations may be revived provided a 10-day termination notice was previously issued to the ratepayer. The original grounds for termination shall be revived and utilities may proceed with termination as provided in subsection (b) upon the failure to timely appeal from or comply with any of the following:
(1) A utility company report required by § 56.151 (relating to the general rule).
(2) An informal complaint report required by § 56.161 (relating to general rule; time for filing).
(3) An order from a formal complaint, under § 56.173 or § 56.174 (relating to formal complaint procedures other than appeals from mediation decisions of the Bureau of Consumer Services; and formal complaint procedures for appeals from mediation decisions of the Bureau of Consumer Services).
(4) A company negotiated payment or settlement agreement where a customer fails, at any time, during the first 120 days to maintain the agreement and this failure reflects payments of less than 50% of the overdue balance during this same time period.
(b) The utility may not be required to give further written notice so long as within 10 business days of the failure to appeal or comply with subsection (a):
(1) The ratepayer is personally contacted as described in § 56.93(1), (2) or (3) (relating to personal contact), at least 3 days prior to termination. If the utility is unable to make personal contact as described in § 56.93(1), (2) or (3), it shall proceed with the posting procedure described in § 56.95 (relating to deferred termination when no prior contact).
(2) At the time of termination, the utility serves personally on the ratepayer or posts conspicuously at the residence of the ratepayer and at the affected premises, including common areas where permissible, a post-termination notice complying with § 56.96 (relating to post-termination notice).
Authority The provisions of this § 56.101 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504506, 1301, 1305, 1501 and 1504.
Source The provisions of this § 56.101 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; amended April 8, 1983, effective April 9, 1983, 13 Pa.B. 1250; amended July 17, 1998, effective August 17, 1998, 28 Pa.B. 3379. Immediately preceding text appears at serial page (205759).
EMERGENCY PROVISIONS
§ 56.111. General provision.
A utility may not terminate, or refuse to restore, service to a premise when an occupant therein is certified by a physician to be seriously ill or affected with a medical condition which will be aggravated by a cessation of service or failure to restore service.
Source The provisions of this § 56.111 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655.
Notes of Decisions Landlords Failure to Pay
Emergency provisions found at 52 Pa. Code § § 56.11156.118 do apply to tenants where service is to be or has been terminated due to the landlords failure to pay his bill, and take precedence over the more general Landlord-Tenant provisions of 66 Pa.C.S. § § 15211533 (relating to discontinuance of service to lease premises) and the accompanying regulations at 52 Pa. Code § § 56.12156.126. Tenant Action Group v. Pennsylvania Public Utility Commission, 514 A.2d 1003 (Pa. Cmwlth. 1986).
Nonchronic Illness
Emergency medical provisions, which provide for medical certifications to prevent termination of gas service, apply to long-term and short-term nonchronic illnesses. Jackson v. Pennsylvania Public Utility Commission, 522 A.2d 1187 (Pa. Cmwlth. 1987); appeal denied 536 A.2d 1335 (Pa. 1987).
Cross References This section cited in 52 Pa. Code § 56.115 (relating to restoration of service).
§ 56.112. Postponement of termination pending receipt of certificate.
If, prior to termination of service, the utility employe is informed that an occupant is seriously ill or is affected with a medical condition which will be aggravated by a cessation of service and that a medical certification will be procured, termination may not occur for at least 3 days. Service may be terminated if no certification is produced within that 3-day period.
Source The provisions of this § 56.112 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655.
Notes of Decisions Nonchronic Illnesses
Emergency medical provisions, which provide for medical certifications to prevent termination of gas service, apply to long-term and short-term nonchronic illnesses. Jackson v. Pennsylvania Public Utility Commission, 522 A.2d 1187 (Pa. Cmwlth. 1987); appeal denied 536 A.2d 1335 (Pa. 1987).
Cross References This section cited in 52 Pa. Code § 56.114 (relating to length of postponement; renewals); and 52 Pa. Code § 56.115 (relating to restoration of service).