Rule 515-3-3-.02(B) - Limitations on Disconnections by a Marketer or an Electing Distribution Company (EDC)In the case of proposed disconnection for residential gas service, service may be disconnected provided that:
a. The EDC, or marketer, whichever has billing responsibility, has delivered, or-caused to be delivered to the customer by the consumer preferred method of communication, or to the service address, or to the address of any party who to the knowledge of the EDC or marketer has undertaken the responsibility to pay the bill, written notice of the proposed disconnection at least fifteen (15) days prior to the date of disconnection. The consumer shall have at least 15 days after a notice that service will be disconnected to pay the portion of the balance necessary to avoid disconnection. Such notice shall be clear and conspicuous, shall be distinguishable from the bill for past service, and shall include the following:1. The earliest date for the proposed disconnection;2. The amount due and the reason for the proposed disconnection;3. A local or toll-free telephone number that the affected consumer may call for information about the proposed disconnection;4. A list of authorized pay stations in the state, or in the alternative a local or toll-free telephone number that the customer can call to obtain information about pay stations in the state, as provided for in O.C.G.A. § 46-4-160, where a cash payment can be processed for posting to the consumer's account within one business day;5. The procedure for preventing disconnection of service, including one wherein there may exist a medical emergency, and notification of the availability of a payment arrangement under the seasonal restrictions as herein described;6. Information concerning any programs known to the EDC or marketer that might assist the consumer in paying the past-due bill, including the division name and telephone number for information regarding heating assistance administered by the Department of Human Resources;7. A statement that the consumer is entitled to at least one reasonable payment arrangement in writing prior to each disconnection, unless such consumer failed to honor a previous payment arrangement. Such statement shall also state that the consumer must contact the marketer in order to receive such payment arrangement. The marketer must provide the customer a local or toll-free number for the purpose of establishing payment arrangements.8. A statement that qualified low-income residential consumers may transfer to the Regulated Provider without termination of service.b. Within 7 days of a consumer entering into a payment arrangement with a marketer, said marketer shall send such consumer separate written confirmation using the consumer preferred method of communication detailing the mutually agreed upon payment arrangement terms. A marketer may elect to record, in accordance with 515-3-3-.07(g), such payment arrangements with a consumer in lieu of sending written confirmation.c. The EDC or marketer, whichever has billing responsibility, makes a good-faith effort to make personal contact by the use of a telephone, certified mail, certification of mailing, hand delivery or the consumer preferred method of communication to reasonably notify the affected consumer at least two (2) days prior to the proposed disconnection date if personal contact has not been made previously;d. The date of the proposed disconnection is a business day, when a representative of the EDC or marketer is available to receive payment from the consumer;e. The overdue bill is not for consumption for no more than two months as the result of previously estimated bills, unless the consumer has been given an amount of time to pay the bill equal to the amount of time in which the bill was estimated;f. The overdue bill does not include any charges different than that stated in the written notice pursuant to subsection (a)(2);g. The overdue bill is not in dispute pursuant to O.C.G.A. § 46-4-160; andh. The overdue bill is not solely comprised of an unpaid deposit, unless it is for a deposit that was assessed either at the commencement of service with the marketer or within sixty (60) days from the commencement date of service.Ga. Comp. R. & Regs. R. 515-3-3-.02(B)
O.C.G.A. §§ 46-2-30, 46-4-150et seq. (See especially, 46-4-158.1, 46-4-158.2, 46-4-160)
Original Rule entitled "Limitations on Disconnections by a Marketer or an Electing Distribution Company (EDC)" adopted. F. Sept. 3, 2002; eff. Sept. 23, 2002.Amended: F. Mar. 30, 2005; eff. Apr. 19, 2005.Amended: F. Aug. 24, 2018; eff. Sept. 13, 2018.