A utility may begin disconnection procedures without the consent of the customer or occupant only if one or more of the following conditions exist:
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 seven 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.
Disconnection without the customer's consent cannot occur in the following situations.
The amount overdue stated on the disconnection notice includes:
A utility must not disconnect if it has been notified of a medical emergency according to Section 11.
A utility can disconnect a customer without notice in the circumstances described in:
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 seven calendar days before the stated disconnection date in the circumstances described in:
A utility must provide written notice of the intent to disconnect a customer at least three business days before the stated disconnection date in any of the circumstances described in:
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.
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.
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 can begin on the date of the last refusal by the customer. This provision applies if the utility:
If a residential customer has paid by a check 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 check 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 a result of a dishonored check supersedes any other pending disconnection notice.
If a non-residential customer has paid by a check 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.
A disconnection notice must be in writing and conspicuously contain the following information:
Every utility must use a plain language disconnection notice that complies with the following guidelines:
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 utility must make a reasonable effort to contact the customer personally before disconnection occurs. This duty is met if the utility:
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(A).
By November 15 of each year, utilities must mail an informational packet to each residential customer that was disconnected for non-payment between April 16 (the end of the previous winter period) and October 15, who was not subsequently reconnected by November 1, that includes:
The informational packet must be mailed to last known mailing address of the customer.
In situations where a customer has a past due amount and the utility plans to seek permission to disconnect the customer's service during the Winter Disconnection Period, the utility must first provide notice to the customer that:
In situations where utility service is being used but no person has applied for service, and the utility plans to seek permission to disconnect the service during the Winter Disconnection Period, the utility must first provide notice to the occupant that:
In situations where the utility plans to disconnect a residential customer, a representative from the utility shall attempt to make personal contact with the customer in person or by telephone prior to seeking permission to disconnect the customer's service from the CASD When attempting to contact by telephone, the utility shall make at least two attempts to contact the customer. One telephone call attempt should be made before 5:00 p.m. and one after 5:00 p.m. If the utility fails to make personal contact with the customer by telephone, but reaches the customer's voicemail, the utility must leave the customer a message stating that the customer should contact the utility as soon as possible to discuss the customer's account. If the utility attempts personal contact through a premise visit and is unsuccessful, the utility must leave a written Notice of Customer Rights at the premises.
Upon making personal contact, whether initiated by the utility or the customer, the utility representative shall orally provide the Notice of Customer Rights as specified in Section 10(M)(6) and give the customer all reasonable assistance to ensure his or her understanding of said rights. If the utility is not able to make personal contact with the customer, the utility must then proceed in accordance with paragraph 4 below and attempt contact in the manner described therein; provided that, if the utility fails to make such personal contact by April 15, the utility is not required to proceed in accordance with paragraph 4 but may proceed in accordance with Section 10(L)(3).
In situations where a utility is granted permission to cycle disconnect a customer, the utility must comply with the following standards:
Each utility shall file with the CASD a copy of all notices, bill inserts or additions, forms, and instructional materials which it develops and uses pursuant to this subsection. If the utility makes substantive changes to these materials, it must provide copies of the revised materials to the CASD.
65-407 C.M.R. ch. 815, § 10