65- 407 C.M.R. ch. 660, § 2

Current through 2024-25, June 19, 2024

Section 407-660-2 - DEFINITIONS

The following terms have the following meanings, unless the context clearly indicates a different meaning:

A.Account Balance. "Account balance" means the total amount owed by a customer that has been properly billed by a utility in accordance with this Rule.

B.Amount Overdue. "Amount overdue" means the amount that a utility has properly billed to a customer that has not been paid in full by the due date of the bill.

C.Applicant. "Applicant" means any person or business that applies for utility service and who has not been a customer of the utility within the past 30 calendar days.

D.Basic Service. "Basic service" means utility service where the Commission regulates the rate or charge for the service and the rate or charge for the service is contained in the utility's rate schedules. For utilities authorized to disconnect water service for the non-payment of sewer charges pursuant to 35-A M.R.S.A. Section 6111-C, sewer charges constitute as "basic" service for the purpose of this Rule.

E.Bill. "Bill" means a statement, either in written or electronic form, from a utility to a customer that states the amount owed by the customer for the current billing period, the amount overdue, the account balance, late fees and any other charges lawfully owed by the customer.

F.Commission. "Commission" means the Maine Public Utilities Commission.

G.Complaint. "Complaint" is a dispute between an applicant or customer and a utility which the CAD has decided to resolve pursuant to this Rule.

H.Consumer Assistance Division. "Consumer Assistance Division" or "CAD" is a division of the Commission assigned with the responsibility of dealing with consumer issues under this Rule.

I.Corporation. "Corporation" is a body created and authorized by law to act and be treated as a single legal entity with an identity distinct from that of its individual members. This definition includes private companies, and municipal and quasi-municipal corporations.

J.Customer. "Customer" means any person or business that has applied for or been accepted to receive, or is either receiving utility service or has agreed to be billed for utility service. This term also includes a person or business that was a customer of the same utility within the past 30 days and who requests service at the same or a different location.

K.Deposit. "Deposit" means any payment, however designated, that is held as security for future payment or performance.

L.Dispute. "Dispute" means a grievance of a customer or applicant about a utility's application of any provision of this Rule. Disputes include, but are not limited to:

1. deposit requirements;

2. the accuracy of meter readings or bill amounts;

3. the proper person to be charged;

4. the terms of a payment arrangement;

5. the terms to avoid a pending disconnection;

6. the terms to obtain a reconnection; and 7. the transfer of an account balance incurred in one customer's name into another customer's account.

If a customer or applicant has a grievance and then indicates that the response from the utility's employee was satisfactory, the contact between the customer or applicant and the utility will not be considered a dispute.

M.Establishment. An "Establishment" is a location at which water service is sought or is being rendered.

N.Fraud. The term "Fraud" means a false representation, by words or conduct, or the concealment of facts which should have been disclosed, which is intended to deceive a utility and upon which the utility reasonably relies in taking actions with respect to a customer.

O.Limited Service Contract. A "Limited Service Contract" means a written agreement, approved by the Commission, under which a water utility agrees to provide and the customer agrees to accept a substandard level of service described in the contract.

P.Make-up Bill. A "make-up bill" is a bill issued for previously unbilled utility service.

Q.New Customer. A "New Customer" means any person or business that has applied and been accepted for service that has not taken service from the utility within the past 30 days.

R.Non-basic Utility Service. "Non-basic utility service" means utility service that meets any of these conditions:

1. The Commission does not regulate the rate or charge for the service;

2. The rate or charge for the service is not contained in the utility's rate schedules;

3. The service is for merchandise or equipment that is not required as a condition of receiving utility service; or 4. For utilities that do not have the authority to disconnect water service for the non-payment of sewer charges pursuant to 35-A M.R.S.A., §6111-C, sewer charges are considered "Non-basic utility service" for the purpose of this Rule.

S.Occupant. "Occupant" means any person who resides at a premises that is provided with utility service.

T.Payment Arrangement. "Payment arrangement" means an agreement between a customer or applicant and a utility that allows the account balance or deposit to be paid in one or more installments.

U.Person. "Person" means an individual, partnership, or voluntary association.

V.Physician. "Physician" means any natural person authorized by law to practice medicine or osteopathy in Maine.

W.Premises. "Premises" means any residential or non-residential building or property.

X.Private Line. "Private line" means:

(1) A water line constructed prior to May 7, 1986 across private property to serve one or more customers and not considered by the utility to be a main;

(2) except as provided under Section 2(C) of Chapter 65, a water line constructed after May 7, 1986 across private property to serve a single customer, a single multi-unit dwelling complex or a single commercial or industrial development upon which no other person has an easement or other right of access for water line purposes.

Y.Refund. "Refund" means a cash or cash equivalent reimbursement to a customer. The application of a credit to a customer's account is not a refund.

Z.Residential Utility Service. "Residential utility service" means utility service provided to a dwelling. It includes service provided for a nonresidential purpose, if a residential dwelling is receiving service through the same meter.

AA.Serious Medical Condition. "Serious medical condition" means a medical condition such that a lack of utility service would pose a serious risk of harm to the individual with the condition.

BB.Service Pipe. "Service Pipe" means the pipe running from the water main to the customer's establishment.

CC.Temporary Establishment. "Temporary establishment" means an establishment that a water utility reasonably believes to be of a temporary nature after giving due consideration to the location, setting, structures, and use of the establishment. The absence of a cellar or permanent foundation shall not be the sole criterion used by the water utility in determining that an establishment is temporary.

DD.Unauthorized Use. "Unauthorized use" means the interference or diversion of utility service. Unauthorized use includes, but is not limited to:

1. tampering with the meter (any act which affects the proper registration of service through a meter);

2. by-passing the meter (unmetered service that flows through a device connected between the service line and customer-owned facilities); or

3. restoring service without authorization from the utility or the CAD.

EE.Utility. "Utility" means any water utility doing business in Maine and subject to the jurisdiction of the Commission and provisions of this Rule.

FF.Water Utility. A corporation, person, or the lessee, trustee, of a corporation or person, owning, controlling, operating, or managing any water works for compensation within this State.

GG.Water Main. A water pipe, other than a service pipe or private line which is owned, operated, and maintained by a water utility, and used for the transmission or distribution of water.

HH.Third Party. "Third party" means a person or entity not employed by or working on behalf of the utility. For the purposes of this Chapter, neither Commission staff nor contractors working on behalf of the utility are considered "third parties".

65- 407 C.M.R. ch. 660, § 2