A utility may demand a deposit from a residential applicant only if one or more of the following circumstances apply:
A utility may demand a deposit from any non-residential applicant as a precondition of granting service but the utility must consider a non-residential customer's prior credit history with another utility when determining whether to require a deposit for service to a new business of that non-residential customer provided the non-residential customer requests this consideration and provides permission for the other utility to share the credit history information. The utility must consider the non-residential customer's prior credit history with the other utility in the same manner it would consider the prior credit history of a non-residential customer located in its own service territory. A utility must also consider a non-residential customer's prior credit history with that utility when determining whether to require a deposit for service to a new business of that non-residential customer within the utility's service territory.
A utility may demand a deposit from a residential customer only if:
A utility may demand a deposit from an existing non-residential customer in lieu of disconnection authorized by Section 10 of this Rule or from a customer who was not required to pay a deposit as a precondition of service but has become an unacceptable credit risk as determined by the utility.
A utility cannot demand a deposit which is more than the two highest consecutive billing periods incurred within the previous 12-month period at that location. The amount of the deposit for a location with no previous usage history with the utility cannot exceed the two highest consecutive bills of the utility's other residential locations whose usage is similar or expected to be similar.
A utility cannot demand a deposit which is more than the amount reasonably anticipated to be due for service for the two highest billing periods expected within a 12-month period.
A utility must provide residential applicants and customers the option of either paying the deposit in full or entering a payment arrangement on the deposit amount that allows payment in at least three installments: 50% payable upon the determination that the deposit is required; 25% payable 30 days after the determination; and 25% payable 60 days after the determination.
The utility must offer non-residential applicants and customers the option of paying the required deposit in at least two equal installments. Deposits may be in any of the following forms, listed in order of preference:
When a utility demands a deposit, it must send or deliver a written disclosure to an applicant or customer within three business days after the demand is made. If the disclosure is not provided within the three-day period, the utility cannot collect the deposit from the customer. If the disclosure was not provided within the three-day period and customer has already paid the deposit, the deposit must be refunded to the customer. A copy of the disclosure must also be provided to any guarantor within the same time period. The disclosure must contain:
A utility must pay interest on deposits according to the provisions of Chapter 870 of the Rules of the Commission.
A utility must refund a deposit in any of the following circumstances:
When a customer transfers service from one location to another location, an existing deposit may be transferred to the new location and must be
adjusted according to the anticipated usage at the new location. If the anticipated usage at the new location is lower than the old location, the utility must either refund the difference to the customer or must apply the difference to the customer's account as a credit. If the amount of the refund is equal to or less than the cost the utility will incur to issue a refund check to the customer, the utility may credit the customer's account. If the refund is greater than the cost to cut a check, the utility shall send the customer a check for the refund amount or, if the customer so chooses, the refund may be applied as a credit to the customer's account. If the usage is higher at the new location, the utility may require the customer to pay a deposit reflecting the incremental usage amount. In this instance, the incremental amount must be collected in accordance with Section 7(F) above. The transfer and any subsequent adjustment must be made within 60 calendar days of the date the service is transferred.
65-407 C.M.R. ch. 815, § 7