4 Colo. Code Regs. § 723-5-5407

Current through Register Vol. 48, No. 1, January 10, 2025

Section 4 CCR 723-5-5407 - Discontinuance of Service

(a) A utility shall not discontinue the service of a customer for any reason other than the following:

(I) nonpayment of regulated charges;

(II) fraud or subterfuge;

(III) service diversion;

(IV) equipment tampering;

(V) safety concerns;

(VI) exigent circumstances;

(VII) discontinuance ordered by any appropriate governmental authority; or

(VIII) properly discontinued service being restored by someone other than the utility when the original cause for proper discontinuance has not been cured.

(b) A utility shall not discontinue service for nonpayment of any of the following:

(I) any amount which has not appeared on a regular monthly bill or which is not past due. Unless otherwise stated in a tariff or Commission rule, an account becomes "past due" on the 31st day following the due date of current charges;

(II) any past due amount that is less than $50;

(III) any amount due on another account now or previously held or guaranteed by the customer, or with respect to which the customer received service, unless the amount has first been transferred either to an account which is for the same class of service or to an account which the customer has agreed will secure the other account. Any amount so transferred shall be considered due on the regular due date of the bill on which it first appears and shall be subject to notice of discontinuance as if it had been billed for the first time;

(IV) any amount due on an account on which the customer is or was neither the customer of record nor a guarantor, or any amount due from a previous occupant of the premises. This subparagraph does not apply if the customer is or was obtaining service through fraud or subterfuge or if paragraph 5401(c) applies;

(V) any amount due on any account for which the present customer is or was the customer of record if another person established the account through fraud or subterfuge and without the customer's knowledge or consent;

(VI) any delinquent amount, unless the utility can supply billing records from the time the delinquency occurred;

(VII) any debt except that incurred for service rendered by the utility in Colorado;

(VIII) any unregulated charge; or

(IX) any amount that is the subject of a pending dispute or informal complaint under rule 5004.

(c) If the utility discovers any connection or device installed on the customer's premises which would prevent the meter from registering the actual amount of water used, the utility shall do one of the following:

(I) remove or correct such devices or connections. If the utility takes this action, it shall leave at the premises a written notice which advises the customer of the violation, of the steps taken by the utility to correct it, and of the utility's ability to bill the customer for any estimated water consumption not properly registered. This notice shall be left at the time the removal or correction occurs; or

(II) provide the customer with written notice that the device or connection must be removed or corrected within 15 days and that the customer may be billed for any estimated water consumption not properly registered. If the utility elects to take this action and the device or connection is not removed or corrected within the 15 days permitted, then within seven calendar days from the expiration of the 15 days, the utility shall remove or correct the device or connection pursuant to subparagraph (c)(I) of this rule.

(d) If a utility discovers evidence that any utility-owned equipment has been tampered with or that service has been diverted, the utility shall provide the customer with written notice of the discovery. The written notice shall inform the customer of the steps the utility will take to determine whether non-registration of water consumption has or will occur and shall inform the customer that the customer may be billed for any estimated water consumption not properly registered. The utility shall mail or hand-deliver the written notice within three calendar days of making the discovery of tampering or service diversion.

(e) A utility shall not discontinue service, other than to address safety concerns or in exigent circumstances, if one of the following is met:

(I) if a customer at any time tenders full payment in accordance with the terms and conditions of the notice of discontinuance to a utility employee authorized to receive payment, including any employee dispatched to discontinue service. Payment of a charge for a service call shall not be required to avoid discontinuance;

(II) if a customer pays, on or before the expiration date of the notice of discontinuance, at least one-tenth of the amount shown on the notice and enters into an installment payment plan with the utility, as provided in rule 5404; or

(III) if it is outside the hours of 8:00 a.m. and 4:00 p.m.; it is between 12 Noon on Friday and 8 a.m. the following Monday; between 12 Noon on the day prior to and 8:00 a.m. on the day following any state or federal holiday; or between 12 Noon on the day prior to and 8:00 a.m. on the day following any day during which the utility's local office is not open.

(IV) Medical emergencies.

(A) A utility shall postpone discontinuance of service to a residential customer for 90 days from the date of a medical certificate issued by a Colorado-licensed physician or health care practitioner acting under a physician's authority which evidences that discontinuance of service will aggravate an existing medical emergency or create a medical emergency for the customer or a permanent resident of the customer's household. A customer may invoke this subparagraph (IV)(A) only once in any twelve consecutive months.

(B) As a condition of obtaining a new installment payment plan on or before the last day covered by a medical certificate, a customer who had already entered into a payment arrangement but had broken the arrangement prior to seeking a medical certification, may be required to pay all amounts that were due up to the date of the original medical certificate as a condition of obtaining a new payment arrangement. At no time shall a payment from the customer be required as a condition of honoring a medical certificate.

(C) The certificate of medical emergency shall be in writing, sent to the utility from the office of a licensed physician, and clearly show the name of the customer or individual whose illness is at issue; the Colorado medical identification number, phone number, name, and signature of the physician or health care practitioner acting under a physician's authority certifying the medical emergency. Such certification shall be incontestable by the utility as to the medical judgment, although the utility may use reasonable means to verify the authenticity of such certification.

(D) A utility may accept oral notification from the office of a licensed physician, or health care practitioner licensed to prescribe and treat patients, but the issued medical certificate must be received by the utility within ten days following such oral notification.

4 CCR 723-5-5407

42 CR 07, April 10, 2019, effective 4/30/2019

45 CR 17, September 10, 2022, effective 9/10/2022

45 CR 17, September 10, 2022, effective 9/30/2022