Subchapter E. TERMINATION OF SERVICE

§ 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.

   The provisions of this §  56.81 amended under the Public Utility Code, 66 Pa.C.S. § §  331, 501, 504, 1301, 1305, 1501 and 1504.

   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).

 Except in emergencies—which include unauthorized use of utility service—service 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.

   The provisions of this §  56.82 amended under the Public Utility Code, 66 Pa.C.S. § §  331, 501, 504, 1301, 1305, 1501 and 1504.

   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).

 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.

   (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 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: for leased or purchased merchandise, appliances or special services including but not limited to merchandise and appliance installation fees, rental and repair costs; of meter testing fees; of special construction charges; and of other nonrecurring 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 ratepayer at the same address.

   (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 utility service) and the ratepayer has complied with the requirements of §  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 utility service furnished 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 ratepayer unless a court, district justice or administrative agency has determined that the ratepayer is legally obligated to pay for the service previously furnished. This paragraph does not affect the creditor rights and remedies of a utility otherwise permitted by law.

   (9)  Nonpayment of charges calculated on the basis of estimated billings, unless the estimated bill was required because 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 ratepayer 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.

   (11)  Nonpayment of delinquent accounts when the amount of the deposit presently held by the utility is within $25 of account balance.

   The provisions of this §  56.83 amended under the Public Utility Code, 66 Pa.C.S. § §  331, 501, 504, 1301, 1305, 1501 and 1504.

   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).

   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 § §  56.93—56.97, but need not otherwise provide notice 10 days prior to termination.

   The provisions of this §  56.91 amended under the Public Utility Code, 66 Pa.C.S. § §  331, 501, 504—506, 1301, 1305, 1501 and 1504.

   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).

 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.

   The provisions of this §  56.92 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655.

   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).

 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.

   The provisions of this §  56.93 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301 and 1501.

   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).

 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.

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

   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).

 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.

   The provisions of this §  56.95 amended under the Public Utility Code, 66 Pa.C.S. § §  331, 501, 504, 1301, 1305, 1501 and 1504.

   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).

 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.

   The provisions of this §  56.96 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655.

 (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.

   The provisions of this §  56.97 amended under the Public Utility Code, 66 Pa.C.S. § §  331, 501, 504—506, 1301, 1305, 1501 and 1504.

   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).

 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.

   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.

   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).

 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.

   The provisions of this §  56.99 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655.

   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).

 Notwithstanding another provision of this chapter, during the period of December 1 through March 31, utilities subject to this chapter shall conform to the provisions of this section. The covered utilities may not be permitted to terminate heat related service between December 1 and March 31 except as provided in this section or in §  56.98 (relating to exception for terminations based on occurrences harmful to person or property).

   (1)  The utility shall comply with § §  56.91—56.95 including personal contact, as defined in §  56.93(1) (relating to personal contact), at the premises if occupied.

   (2)  If at the conclusion of the notification process defined in § §  56.91—56.95, a reasonable agreement cannot be reached between the utility and the ratepayer, the utility shall register with the Commission, in writing, a request for permission to terminate service, accompanied by a utility report as defined in §  56.152 (relating to contents of the utility company report).

   (3)  If the ratepayer has filed an informal complaint or if the Commission has acted upon the utility’s written request, the matter shall proceed under § §  56.161—56.165. Nothing in this section may be construed to limit the right of a utility or ratepayer to appeal a decision by the mediation unit under 66 Pa.C.S. §  701 (relating to complaints) and § §  56.171—56.173 and 56.211.

   (4)  For premises where heat related service has been terminated prior to December 1 of each year, covered utilities shall, within 90 days prior to December 1, survey and attempt to make post-termination personal contact with the occupant or a responsible adult at the premises and in good faith attempt to reach an agreement regarding payment of any arrearages and restoration of service.

   (5)  Companies shall file a brief report outlining their pre-December 1 survey and personal contact results with the Bureau of Consumer Services on or before December 15 of each year.

   The provisions of this §  56.100 issued under the Public Utility Code, 66 Pa.C.S. § §  331, 501, 504, 1301, 1305, 1501 and 1504.

   The provisions of this §  56.100 adopted April 8, 1983, effective April 9, 1983, 13 Pa.B. 1250.

   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).

   The provisions of this §  56.101 amended under the Public Utility Code, 66 Pa.C.S. § §  331, 501, 504—506, 1301, 1305, 1501 and 1504.

   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.

   The provisions of this §  56.111 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655.

   Landlord’s Failure to Pay

   Emergency provisions found at 52 Pa. Code § §  56.111—56.118 do apply to tenants where service is to be or has been terminated due to the landlord’s failure to pay his bill, and take precedence over the more general Landlord-Tenant provisions of 66 Pa.C.S. § §  1521—1533 (relating to discontinuance of service to lease premises) and the accompanying regulations at 52 Pa. Code § §  56.121—56.126. 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).

 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.

   The provisions of this §  56.112 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655.

   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).

 Certifications initially may be written or oral, subject to the right of the utility to verify the certification by calling the physician or to require written confirmation within 7 days. Certifications, whether written or oral, shall include all of the following:

   (1)  The name and address of the ratepayer in whose name the account is registered.

   (2)  The name and address of the afflicted person and his relationship to the ratepayer.

   (3)  The nature and anticipated length of the affliction.

   (4)  The specific reason for which the service is required.

   (5)  The name, office address and telephone number of the certifying physician.

   The provisions of this §  56.113 amended under the Public Utility Code, 66 Pa.C.S. § §  331, 501, 504, 1301, 1305, 1501 and 1504.

   The provisions of this §  56.113 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 (37357) to (37358).

   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).

 Service may not be terminated for the time period specified in a medical certification; the maximum length of the certification shall be 30 days.

   (1)  Time period not specified. If no length of time is specified or if the time period is not readily ascertainable, service may not be terminated for at least 30 days.

   (2)  Renewals. Certifications may be renewed in the same manner and for the same time period as provided in § §  56.112 and 56.113 (relating to postponement of termination pending receipt of certificate; and medical certifications) and this section if the ratepayer has met the obligation under §  56.116 (relating to duty of ratepayer to pay bills). In instances where a ratepayer has not met the obligation in §  56.116 to equitably make payments on all bills, the number of renewals is limited to two 30-day certifications. If a utility wishes to contest the renewal, it shall follow §  56.118(3) (relating to the right of utility to petition the Commission).

 (Editor’s Note: See 66 Pa.C.S. § §  1521—1533 (relating to discontinuance of service to leased premises).)

   The provisions of this §  56.114 amended under the Public Utility Code, 66 Pa.C.S. § §  331, 501, 504—506, 1301, 1305, 1501 and 1504.

   The provisions of this §  56.114 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 (205761) to (205762).

   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).

 When service is required to be restored under this section and § §  56.111, 56.114 and 56.116—56.118, the utility shall make a diligent effort to have service restored on the day of receipt of the medical certification. In any case, service shall be restored before the end of the next working day. Each utility shall have employes available or on call to restore service in emergencies.

 Whenever service is restored or termination postponed under the medical emergency procedures, the ratepayer shall retain a duty to equitably arrange to make payment on all bills.

   The provisions of this §  56.116 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655.

   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).

 When the initial and renewal certifications have expired, the original ground for termination shall be revived and the utility may terminate service without additional written notice, if notice previously has been mailed or delivered under §  56.91 (relating to general notice provisions). The utility shall comply with § §  56.93—56.96.

   The provisions of this §  56.117 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655.

   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).

 (a)  A utility may petition the Commission for waiver from the medical certification procedures for the following purposes:

   (1)  Contest the validity of a certification. To request an investigation and hearing by the Commission or its designee when the utility wishes to contest the validity of the certification.

   (2)  Terminate service prior to expiration of certification. To request permission to terminate service for the failure of the ratepayer to equitably arrange to make payments on bills.

   (3)  Contest the renewal of a certification. To request permission to terminate service, under this section and § §  56.81—56.83 and 56.91—56.99 when the ratepayer has not met his duty under §  56.116 (relating to duty of ratepayer to pay bills), provided that the utility has informed the ratepayer of that duty under §  56.116.

 (b)  A utility shall continue to provide service while a final Commission adjudication on the petition is pending. A petition under this section shall be accompanied by a utility report described in §  56.152 (relating to contents of the utility company report).

 (c)  Upon the filing of a petition for waiver of medical certification, Commission staff will review the facts and issue an informal written decision.

 (d)  A party to the proceeding may, within 20 days of mailing of the informal decision, and not thereafter except for good cause shown, appeal by filing with the Secretary of the Commission a letter stating the basis for appeal. An appeal from the informal decision will be assigned to the Office of Administrative Law Judge for hearing and decision.

   The provisions of this §  56.118 issued under the Public Utility Code, 66 Pa.C.S. § §  331, 501, 504, 1301, 1305, 1501 and 1504; amended under the Public Utility Code, 66 Pa.C.S. § §  331—335, 501, 701—703 and 1501—1511.

   The provisions of this §  56.118 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 19, 1990, effective January 20, 1990, 20 Pa.B. 278. Immediately preceding text appears at serial page (120491).

   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).

   The provisions of this §  56.121 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; amended April 8, 1983, effective April 9, 1983, 13 Pa.B. 1250; reserved July 17, 1998, effective August 17, 1998, 28 Pa.B. 3379. Immediately preceding text appears at serial pages (205764) to (205765).

   Landlord’s Failure to Pay

   Emergency provisions found at 52 Pa. Code § §  56.111—56.118 do apply to tenants where service is to be or has been terminated due to the landlord’s failure to pay his bill, and take precedence over the more general Landlord-Tenant provisions of 66 Pa.C.S. § §  1521—1533 (relating to discontinuance of service to leased premises) and the accompanying regulations at 52 Pa. Code § §  56.121—56.126. Tenant Action Group v. Pennsylvania Public Utility Commission, 514 A.2d 1003 (Pa. Cmwlth. 1986).

   The provisions of these § §  56.122—56.126 adopted April 8, 1983, effective April 9, 1983, 13 Pa.B. 1250; reserved July 17, 1998, effective August 17, 1998, 28 Pa.B. 3379. Immediately preceding text appears at serial (205765) to (205770) and (220827).

   These sections cited in 52 Pa. Code §  56.72 (relating to discontinuation of service).

   Landlord’s Failure to Pay

   Emergency provisions found at 52 Pa. Code § §  56.111—56.118 do apply to tenants where service is to be or has been terminated due to the landlord’s failure to pay his bill, and take precedence over the more general Landlord-Tenant provisions of 66 Pa.C.S. § §  1521—1533 (relating to discontinuance of service to leased premises) and the accompanying regulations at 52 Pa. Code § §  56.121—56.126. Tenant Action Group v. Pennsylvania Public Utility Commission, 514 A.2d 1003 (Pa. Cmwlth. 1986).

THIRD-PARTY NOTIFICATION

§ 56.131. Third-party notification.

 Each utility shall permit its ratepayers to designate a consenting individual or agency which is to be sent, by the utility, a duplicate copy of reminder notices, past due notices, delinquent account notices or termination notices of whatever kind issued by that utility. When contact with a third party is made, the utility shall advise the third party of the pending action and the efforts which shall be taken to avoid termination. A utility shall institute and maintain a program:

   (1)  To allow ratepayers to designate third parties to receive copies of a ratepayer’s or group of ratepayers’ notices of termination of service.

   (2)  To advise ratepayers of the availability of a third-party notification program and to encourage their use thereof.

   (3)  To solicit community groups to accept third-party notices in order to assist in preventing unnecessary terminations and protecting the public health and safety.

   The provisions of this §  56.131 amended under the Public Utility Code, 66 Pa.C.S. § §  331, 501, 504, 1301, 1305, 1501 and 1504.

   The provisions of this §  56.131 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 (37361).