Subchapter D. INTERRUPTION AND DISCONTINUANCE
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.

   The provisions of this §  56.71 amended under the Public Utility Code, 66 Pa.C.S. § §  331, 501, 504, 1301, 1305, 1501 and 1504.

   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).

 A utility may discontinue service without prior written notice under the following circumstances:

   (1)  Ratepayer’s residence. When a ratepayer requests a discontinuance at his residence, when the ratepayer and members of his household are the only occupants.

   (2)  Other premises or dwellings. Other premises or dwellings shall be as follows:

     (i)   When a ratepayer requests discontinuance at a dwelling other than his residence or at a single meter multifamily residence, whether or not his residence but, in either case, only under either of the following conditions:

       (A)   The ratepayer states in writing that the premises are unoccupied. The statement shall be on a form conspicuously bearing notice that information provided by the ratepayer will be relied upon by the Commission in administering a system of uniform service standards for public utilities and that any false statements are punishable criminally. When the ratepayer fails to provide a notice, or when the ratepayer has falsely stated the premises are unoccupied, the ratepayer shall be responsible for payment of utility bills until the utility terminates service.

       (B)   The occupants affected by the proposed cessation inform the utility orally or in writing of their consent to the discontinuation.

     (ii)   Where the conditions set forth in subparagraph (i) have not been met, the utility, at least 10 days prior to the proposed termination, shall conspicuously post notice of termination at the affected premises.

       (A)   When the premises is a multi-family residence, notice shall also be posted in common areas.

       (B)   Notices shall, at a minimum, state: the date on or after which termination will occur; the name and address of the utility; and the requirements necessary for the occupant to obtain utility service in the occupant’s name. Further termination provisions of this chapter except §  56.97 (relating to procedures upon ratepayer or occupant contact prior to termination) do not apply in these circumstances.

       (C)   This section does not apply when the ratepayer is a landlord. See § §  56.121—56.126 (Reserved).

   The provisions of this §  56.72 amended under the Public Utility Code, 66 Pa.C.S. § §  331, 501, 504, 1301, 1305, 1501 and 1504.

   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).

   Notice of Discontinuation

   In an action in which landlords alleged that the utility’s disconnection of service without notification to them as owners of the property was negligent, unreasonable, and a violation of the Public Utility Commission’s 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 agency’s functions; this court would not rectify a landlord’s 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).

   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).