65-407-815 Me. Code R. § 6

Current through 2024-25, June 19, 2024
Section 407-815-6 - APPLICATION FOR SERVICE
A.Obligation to provide service

A utility may not refuse to provide service to an applicant, except as provided for below.

1.Residential applicants

A utility may deny service to a residential applicant who fails to meet any of the following conditions.

a.Past overdue amount. A utility may condition the granting of service on a residential applicant paying an amount overdue for previous basic service provided by that utility within the prior six years, subject to the following two conditions:
i. If the utility is aware of the debt before service is initiated, the utility must offer a payment arrangement to a residential applicant on the undisputed balance before service is initiated; and
ii. If the utility discovers the debt after it has granted service, the utility has 60 days from the date of the applicant's request for service to provide written notice to the customer of the outstanding debt and its intention to collect the outstanding debt. If a utility does not notify the applicant of its intent to collect the outstanding debt within the 60-day time period, the utility is prohibited from transferring the debt to the applicant's current account. The utility must allow the customer at least 30 days after receipt of the written notice to pay the debt or enter into a payment arrangement. If the customer fails to respond during this time period, the unpaid amount may be transferred to the customer's current account and disconnection procedures may be initiated for failure to pay or make a payment arrangement. A utility may demand payment of an unpaid account balance after the 60-day period has passed if the utility was unable to discover the evidence to justify the demand within the time periods established by this Section because of fraud or material misrepresentation by the applicant.
b.Payment of a deposit. A utility may condition the granting of service on the payment of a deposit pursuant to Section 7.
c.Provision of proper identification. A utility may condition the granting of residential service on the provision of adequate proof of identification. In situations where fraud is suspected, a utility may require an applicant to provide photo identification.
d.Compliance with local, state, and national electric safety codes. A utility may condition the granting of service on a customer's premise equipment being in compliance with local, State, and National electric or gas safety codes.
2.Non-residential applicants

A utility may deny service to a non-residential applicant that fails to meet any of the following conditions:

a.Past overdue amount. A utility may condition the granting of service on a non-residential applicant paying an amount overdue for previous basic service provided by that utility if the applicant accrued the debt within the prior six years. If the utility discovers the debt after it has granted service, the utility must provide written notice to the customer of the outstanding debt and its intention to collect the outstanding debt.
b.Payment of a deposit. A utility may condition the granting of service on the payment of a deposit pursuant to Section 7.
c.Compliance with local, state, and national electric safety codes. A utility may condition the granting of service on a customer's premise equipment being in compliance with local, State, and National electric or gas safety codes.
B.Provision of service by next business day

A utility should provide service to an applicant as soon as possible, but must provide service by the end of the next business day after the request for service is received, or a deposit and/or unpaid account balance is paid, provided that facilities exist to provide service within that timeframe. If facilities do not exist, such as in the case where a line extension must be constructed, the utility must initiate its standard procedures to provide service by the end of the next business day after the request for service is received.

C.Service in another's name

Except as provided for in this Section, a utility may not require an applicant to pay for service provided in another person's name unless a court or other administrative agency has determined that the applicant is legally obligated to pay for that service. To prevent the practice of "name swapping," a utility may transfer a residential account balance that was incurred for service provided by that utility within the prior six years from the date of the application in the name of another person to the applicant's new account when both people:

1. resided together at the same address where the arrearage occurred;
2. Received the benefit of the utility service; and 3. will benefit from the applied for utility service.

A utility has 60 days from the date the applicant applies for service to transfer the account balance to the applicant's account. If the transfer does not take place within this time period, the utility cannot transfer the account balance. When a utility decides to transfer an existing account balance to an applicant's new account, the utility must add the previous customer's name to the account, in addition to the applicant's name and provide written notice to the applicant of the transfer that includes the evidence demonstrating 1 through 3 above (typically the evidence is obtained through telephone calls from both persons). The notice must be provided at least seven days prior to the transfer and, must provide the applicant the opportunity to challenge the transfer, first to the utility and if not resolved to the customer's satisfaction, to the CASD. The utility must maintain a record of its investigation of the challenge pursuant to Section 13(E).

D.Application for service at a location where an active account already exists

A utility may deny service to an applicant where the service location for which the applicant is seeking service already has an active customer who does not wish to terminate service.

E.Explanation of charges

A utility must disclose the following information at the time an applicant requests service:

1. non-recurring installation, application or registration fees charged by the utility for the type of service requested;
2. if non-basic services are available, the charge for any non-basic services selected by the customer; and 3. the recurring charge for the least cost class of service available to the applicant.
F.Designation of third party to receive notices

An applicant or customer may notify the utility in writing that the customer is designating a third party to receive disconnection notices concerning the customer's account, as well as notices of planned and unplanned outages. The utility must keep a record of the third party's name, address and telephone number. Whenever the utility contacts the customer about matters related to deposits, disconnections, overdue amounts or hazardous conditions of utility service, and planned or unplanned service interruptions, the utility must make every reasonable effort to contact the third party and provide the same information at the same time it is provided to the customer. Any notice of disconnection provided to the third party must contain the disclosures required by Section 10(J). Nothing in this subsection obligates the third party to make payment of any amount owed by the customer, unless there is independent evidence of an obligation to pay. Every utility must inform new customers of their right to designate a third party to receive notices pursuant to Section 5.

65-407 C.M.R. ch. 815, § 6