§ 56.83. Unauthorized termination of service.

 Unless expressly and specifically authorized by the Commission, service may not be terminated nor will a termination notice be sent for any of the following reasons:

   (1)  Nonpayment for concurrent service of the same class received at a separate dwelling. This does not include concurrent service periods of 90 days or less accrued during the transfer of service from one location to another.

   (2)  Nonpayment for a different class of service received at the same or a different location. Service may be terminated, however, when, under the tariff of the public utility, a change in classification is necessitated upon the completion of construction work previously billed at a different rate applicable during construction.

   (3)  Nonpayment, in whole or in part, of nonbasic charges for leased or purchased merchandise, appliances or special services including, but not limited to, merchandise and appliance installation fees, rental and repair costs; meter testing fees; special construction charges; and other nonrecurring or recurring charges that are not essential to delivery or metering of service, except as provided in this chapter.

   (4)  Nonpayment of bills for delinquent accounts of the prior customer at the same address unless the public utility has, under §  56.35 (relating to payment of outstanding balance), established that the applicant or customer was an adult occupant at the same address during the time period the delinquent amount accrued.

   (5)  Nonpayment of a deposit which is 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 public utility service) and the customer has complied with §  56.41(1)(ii)(A) or (B) (relating to general rule).

   (6)  Noncompliance with a payment agreement prior to the due date of the bill which forms the basis of the agreement.

   (7)  Nonpayment of charges for public utility service for which the utility ceased billing more than 4 years prior to the date the bill is rendered.

   (8)  Nonpayment for residential service already furnished in the names of persons other than the customer unless a court, district justice or administrative agency has determined that the customer is legally obligated to pay for the service previously furnished or unless the public utility has, under §  56.35, established that the applicant or customer was an occupant at the same address during the time period the delinquent amount accrued. This paragraph does not affect the creditor rights and remedies of a public utility otherwise permitted by law.

   (9)  Nonpayment of charges calculated on the basis of estimated billings, unless the estimated bill was required because public utility personnel were unable to gain access to the affected premises to obtain an actual meter reading on two occasions and have made a reasonable effort to schedule a meter reading at a time convenient to the customer or occupant, or a subsequent actual reading has been obtained as a verification of the estimate prior to the initiation of termination procedures.

   (10)  Nonpayment of delinquent accounts which accrued over two billing periods or more, which remain unpaid in whole or in part for 6 months or less, and which amount to a total delinquency of less than $25.

Authority

   The provisions of this §  56.83 amended under the Public Utility Code, 66 Pa.C.S. § §  331, 501, 504, 1301, 1305, Chapter 14, 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; amended October 7, 2011, effective October 8, 2011, 41 Pa.B. 5473. Immediately preceding text appears at serial pages (246338) and (297129).

Cross References

   This section cited in 52 Pa. Code §  56.13 (relating to billings for merchandise; appliances and nonrecurring and recurring services); 52 Pa. Code §  56.118 (relating to right of public utility to petition the Commission); and 52 Pa. Code §  65.9 (relating to adjustment of bills for meter error).



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