65- 407 C.M.R. ch. 660, § 10

Current through 2024-25, June 19, 2024

Section 407-660-10 - DISCONNECTIONS

A.When Disconnection Procedures Can Begin

A utility may begin disconnection procedures without the consent of the customer or occupant only if one or more of the following conditions exist:

1. The customer does not pay or make a payment arrangement on an undisputed overdue amount that is more than $50.00. A utility can disconnect service for an overdue amount of less than $50.00 only if the overdue amount is more than 90 days old or the utility bills 4 times a year or less. For utilities that have the right to disconnect water service for the non-payment of sewer charges, a utility may begin disconnection procedures without the consent of the customer or occupant when the undisputed amount overdue for the combined water and sewer charges is more than $100.00. A utility can disconnect service for an overdue amount of less than $100.00 only if the overdue amount is more than 90 days or the utility bills 4 times a year or less.

2. The customer does not make payment according to the terms of a payment arrangement.

3. The customer does not pay or make a payment arrangement for a deposit or provide a third-party guarantor according to the provisions of Section 7;

4. Service is being used, but no occupant or other person has applied for customer status.

5. The customer unreasonably refuses to allow access to the premises to install or read a meter or for the necessary inspection or repair of utility property.

6. There is unauthorized use (as that term is defined in Section 2 (DD)) of the utility service delivered to the affected premises.

7. The utility has reason to believe there is fraud or that the customer has materially misrepresented his or her identity to obtain utility service without complying with the provisions of this Rule.

8. The occupant's service poses a threat to the safety of any person or the integrity of the utility delivery system.

9. The utility receives a directive from the State Inspector or local code enforcement officer to disconnect service for safety reasons.

10. The customer does not comply with a decision of the CAD or the Commission according to Section 13.

B.Customer Request or Abandonment

A utility may disconnect service at the request of a customer (provided that the provisions of Section 10(I) concerning landlord/tenant disconnections are not applicable) or if the premises is clearly abandoned. A utility may require customers to give notice of requests to disconnect service. A utility cannot require more than 7 days notice. The utility may require the customer to pay for service that is actually provided until the customer gives the required notice, the utility actually disconnects the service, the utility initiates disconnection procedures for failure to apply for customer status, or there is an application for service at that location.

C.When Disconnection Cannot Occur

Disconnection without the customer's consent cannot occur in the following situations.

1.Amount Overdue

The amount overdue stated on the disconnection notice includes:

a. non-basic utility service (defined in Section 2(R) );

b. amounts owed from a different account, unless a transfer of the account balance was done according to Section 6(D) or Section 8(K);

c. amounts owed for estimated bills when the latest bill issued was based on an estimated read, unless the reason for the estimated bill was a result of the customer unreasonably refusing the utility access to the customer's premises to read a meter; or d. service provided in the name or names of persons other than the customer, unless a court or other administrative agency has determined that the customer is legally obligated to pay the amount overdue or a transfer of account balance was completed according to Section 6(D). This paragraph does not affect the creditor rights and remedies of a utility provided by other law.

2.Existence of Serious Medical Condition

A utility must not disconnect if it has been notified of a serious medical condition according to Section 11.

D.Notice Requirements

1.Without Notice

A utility can disconnect a customer without notice in the circumstances described in:

a. Section 10(A)(6);

b. Section 10(A)(8);

c. Section 10(A)(9); or

d. Section 10(B).

2.14-Day Notice and 7-Day Notice

A utility must provide residential customers with written notice of the intent to disconnect at least 14 calendar days before the stated disconnection date and must provide non-residential customers with written notice of the intent to disconnect at least 7 calendar days before the stated disconnection date in the circumstances described in:

a. Section 10(A)(1);

b. Section 10(A)(5); or

c. Section 10(A)(7).

3.3-Day Notice

A utility must provide written notice of the intent to disconnect a customer at least 3 business days before the stated disconnection date in any of the circumstances described in:

a. Section 10(A)(2);

b. Section 10(A)(3);

c. Section 10(A)(4);

d. Section 10(A)(10);

e. Section 10(H); or

f. Section 11(C).

4.Time of Issuance

a. A utility cannot issue a disconnection notice for the circumstances described in Section 10(A)(1) (failure to pay an overdue amount) until at least 30 days after the original bill is mailed. A bill is considered "mailed" on the date it is postmarked. If there is no postmark, a utility must date and mail the bill on or before that date. A utility cannot issue a disconnection notice for the circumstances described in Section 10(A)(2) (broken payment arrangement) and 10(A)(3) (failure to pay a deposit) until at least one (1) business day after the due date of the payment.

b. A utility may issue a disconnection notice for the other circumstances described in Section 10(A) at any time after the applicable criteria are met.

E.Disconnection Date

The disconnection date for residential and non-residential customers stated in the notice must not be a Friday, weekend, legal holiday, the day before a legal holiday or a day when the utility's office is not open for public business. The term "legal holiday" is defined in 4 M.R.S.A. Section 1051.

F.Period of Effectiveness

A disconnection notice is effective for 10 business days after the disconnection date stated in the notice. If a utility fails to properly disconnect service within this time frame, the disconnection notice procedures must be repeated.

G.Refusal of Access by Customer

If a customer expressly refuses to allow the utility access to the meter or other fixture or device necessary to accomplish disconnection, the 10-business day period provided in Section 10(F) above shall begin on the date of the last refusal by the customer. This provision applies only if the utility:

1. records the date, time and manner of each attempt to disconnect service and each express refusal by the customer to allow access; and

2. has no other reasonable means to disconnect the customer other than that refused by the customer.

H.Payments Returned

1.Residential Customers

If a residential customer has made a payment that was not honored by the bank before the expiration of the disconnection notice, the utility must attempt to obtain payment by alternate means from the customer before disconnecting service. If a payment is not honored after the expiration of the disconnection notice, the utility can issue a 3-day disconnection notice pursuant to Section 10(D)(3) above and require payment by cash or certified check. A disconnection notice issued as a result of a dishonored payment supersedes any other pending disconnection notice.

2.Non-Residential Customers

If a non-residential customer has made a payment that was not honored by the bank before the expiration of the disconnection notice, the utility may proceed with disconnection pursuant to Section 10(L) below.

I.Disconnection Notice Procedures for Leased or Rented Residential Property

1. A utility cannot disconnect a premises when it is aware that it is leased or rented at the request of a lessor, owner, or agent ("landlord") or because the landlord (as a customer) has failed to pay an overdue amount, unless:

a. the tenant agrees in writing to the disconnection;

b. the landlord signs a statement that the premises are vacant;

c. the utility by personal inspection determines that the premises are vacant; or

d. the utility gives notice as described in paragraph 2 below.

2. A utility must post the notice at or near the front and rear entrances to the building or buildings affected. The notice must, in addition to the applicable disclosures of Section 10(J) below, inform the tenant how service can be continued. A utility must either offer the tenant the opportunity to obtain service in the tenant's name or otherwise assume responsibility for further payment.

3. The disconnection notice must be mailed or delivered at least 14 days before the disconnection date stated in the notice.

4. Before the actual disconnection of service to a single-meter, multi-unit building, a utility must:

a. have a rate schedule approved by the Commission that assesses a reasonable fee for the collection of an unpaid account balance from the landlord, in addition to an applicable reconnection fee; and

b. apply any existing deposit to the current account balance.

5. A utility cannot require the tenant to pay for any charges incurred by the landlord or demand a deposit or advance payment based on the landlord's credit history.

6. This subsection also applies if a municipality requests the utility to disconnect service at a location where the municipality has temporarily put the service in its name on behalf of the occupant.

J.Content of Disconnection Notice

A disconnection notice must be in writing and conspicuously contain the following information:

1. the overdue amount or the exact reason for the disconnection if not for an overdue amount;

2. what the customer must do to avoid disconnection;

3. the disconnection date and the period for which the disconnection notice is effective;

4. for residential customers, a statement of the customer's right to postpone disconnection due to a serious medical condition of the customer or an occupant and a description of how to postpone the disconnection according to Section 11;

5. a statement that the customer can avoid disconnection by negotiating a payment arrangement with affordable monthly installment payments and that the overdue amount must be paid in a reasonable period of time. This disclosure is not required if the disconnection notice is for a broken payment arrangement;

6. information regarding sources of financial assistance including, but not limited to, 211, the Department of Health and Human Services, the Community Action Agencies, and local Town or City government

7. a statement of the customer's right to submit a dispute before the disconnection date including the address and toll-free phone number of the CAD;

8. a statement that the customer cannot submit a dispute to the CAD until the customer has first tried to resolve the dispute with the utility;

9. a telephone number that the customer can call to resolve the situation causing the disconnection and a statement that the call may be made collect from within the utility's service area, unless a toll free number is offered or calls within the utility's service area are toll free to the designated telephone number;

10. a statement of the reconnection charge, if any; and

11. a statement of the utility's policy concerning the requirement of a deposit in the event of disconnection.

K.Plain Language Disconnection Notice

Every utility must use a plain language disconnection notice that complies with the following guidelines:

1. The type size must be no smaller than 10 points high. The typeface (shape of the letters) should be designed to improve or enhance the visual size of the type. Headlines should be in larger or bold type. All text should be in capitals and lower case as opposed to ALL IN CAPITALS;

2. The color of the disconnection notice and type must avoid problems for persons whose "color deficient" sight makes all colors appear as shades of gray;

3. The use of reverse-blocks in which letters appear as white against a black or dark gray background must be avoided; and

4. The headline on a disconnection notice must conspicuously be entitled "Disconnection Notice" in at least 12 point type.

L.Disconnection Procedures

1.Time for Residential and Non-Residential Customers

Disconnection must occur between 8:00 a.m. to 3:00 p.m. during the effective period of the notice. Disconnection cannot occur on a Friday, weekend, legal holiday, the day before a legal holiday or a day when the utility's office is not open for public business. These restrictions can be varied if:

a. the utility has made special arrangements with the customer to disconnect at an alternative time;

b. access to the premises can only be obtained at an alternative time; or

c. the disconnection is for a reason other than nonpayment.

2.Attempt to Contact

A utility must make a reasonable effort to contact the customer personally before disconnection occurs. This duty is met if the utility:

a. contacts the customer by telephone on the date specified in the Notice or during the effective period of the Notice; or

b. attempts personal contact with the customer at the time of a premise visit to disconnect.

For utilities that have the ability to remote disconnect, this duty is met if the utility makes a least two telephone attempts, one before 5:00 p.m. and one after 5:00 p.m., and the utility provides written notice of the utility's ability to remote disconnect pursuant to Section 5(F).

3.Procedure Upon Contact Before Disconnection

a. If the utility obtains contact with the customer before disconnection, the utility must attempt to avoid disconnection. In any case, an authorized utility employee must explain:

i. the amount overdue or other reason for the proposed disconnection; and

ii. how the disconnection can be avoided, including the customer's obligation to pay the overdue amount or enter into an installment payment arrangement; notifying the customer of the right to file a dispute with the CAD in the event that the customer is unable to resolve the issue with the utility; explaining the duty of the customer to pay any portion of a bill which the customer does not dispute; and asking residential customers if anyone resides at the location that has a medical condition that would be seriously aggravated by a loss of utility service. If the answer is "yes," the employee must explain the process for postponing disconnection due to a serious medical condition.

b. A utility employee who visits the premises to disconnect is not required to have the authority to negotiate or enter into payment arrangements or to accept payment or make change to avoid disconnection. If the utility employee is not authorized to fully explain the customer's rights and obligations as described in paragraph 3(a) above, the employee must offer the customer the opportunity to communicate with an employee who has this authority before disconnecting the service. If the utility has already made personal contact with a customer pursuant to subsection 2 above and the customer has not taken the necessary steps to avoid disconnection, the utility is not required to postpone disconnection a second time pursuant to this subsection. If a customer offers to pay the overdue amount to prevent disconnection, the utility employee must either:

i. accept payment, give a receipt and leave the service intact; or

ii. direct the customer to the nearest location where payment is accepted and postpone disconnection for a reasonable time.

c. The utility may assess a reasonable fee pursuant to a rate schedule approved by the Commission when the overdue amount is paid in the situations described in paragraph b above.

4.Post-Disconnection Notice

a. If disconnection occurs as a result of a premise visit, the utility must post or deliver a written notice to an occupant of the premises at the time of the disconnection. The written notice must contain:

i. the address and telephone number of the utility;

ii. the overdue amount or other reason for the disconnection;

iii. the requirements for reconnection; and

iv. the procedure for residential customers to declare a serious medical condition.

b. A utility must mail the written notice required by this subsection within 3 business days when:

i. a customer's billing location is different from the service location; or

ii. a premise visit was not required to disconnect.

65- 407 C.M.R. ch. 660, § 10