291 Neb. Admin. Code, ch. 9, § 013

Current through September 17, 2024

Section 291-9-013 - RESIDENTIAL DISCONNECTION OF SERVICE

013.01Notice of Disconnection:

A notice of disconnection of service sent by a jurisdictional utility shall comply with the requirements of Neb. Rev. Stat. § 70-1606 (Reissue 1996), and each jurisdictional utilty shall have a third-party notice procedure for the notification of a designated third party of any proposed disconnection of service, in accordance with Neb. Rev. Stat. § 70-1607 (1996).

013.02Conference Between Jurisdictional Utility and Customer:

Each jurisdictional utility shall have a procedure to hear and decide any dispute related to a proposed disconnection of service or any other matter affecting the service to a residential customer. A conference will be scheduled and held within 14 days of the residential customer's request and before the jurisdictional utility may disconnect service. The employee of the jurisdictional utility, based on the evidence presented at the conference, may affirm, reverse, or modify any prior decision of the jurisdictional utility. The residential customer may appeal an adverse decision to a management office designated by the jurisdictional utility, with whom a hearing shall be held, or may file a complaint directly with the Commission.

013.03Payment Plans for Delinquent Bills:

If a residential customer asserts inability to pay or extenuating circumstances, the residential customer and the jurisdictional utility serving such customer shall attempt to agree upon reasonable installment payment arrangements for the payment of any account balance and for payment of current charges for utility service. If the residential customer believes that the installment payment arrangements offered by the jurisdictional utility are unreasonable, that residential customer may file a complaint with the Commission, challenging such utility-offered installment payment arrangement terms. A customer may make an informal complaint by contacting the Commission via telephone or correspondence, or may make a formal complaint by completing a form provided by the Commission.

013.04The Disconnecting Act:

No jurisdictional utility shall disconnect natural gas service to a residential customer on any Saturday, Sunday, Nebraska legal holiday, or at any time when the jurisdictional utility's business offices are not open to the public.

013.05Residential Winter Disconnection:

In addition to the notice provisions before disconnection of service to a residential customer in Neb. Rev. Stat. § 70-1605 (Reissue 1996), no jurisdictional utility may disconnect residential customer service from November 1 to March 31 without adding to the time for payment of a bill an additional 30 days before disconnecting that service, and it shall notify the residential customer before the normal disconnection date that the residential customer has such additional 30 days until disconnection.

013.05ATemporary Ban on Disconnections: The Commission shall have the authority to order a temporary ban on any or all disconnections for jurisdictional utilities during periods of extremely severe weather or when circumstances exist such that disconnection could create a situation dangerous to the life or health of customers or to property.

013.05B If a resident who is a ratepayer and has been certified as eligible for low income home energy assistance has communicated such eligibility to the jurisdictional utility and has provided acceptable documentation of such eligibility to the utility within a reasonable time, then no disconnection may take place from November 1 through March 31;

013.05C To have service restored during the cold weather period between November 1 and March 31, the following shall apply

013.05C1 A ratepayer must make payment of one-fourth (1/4) of the total arrearage plus the bill for consumption during the most recent billing period for which service was provided and enter a payment plan for current and future consumption with the remaining arrearage paid in installments over no less than three (3) months or as agreed between the ratepayer and the jurisdictional utility.

013.05C2 A ratepayer must not default on the payment plan. If a ratepayer defaults on the payment plan, the jurisdictional utility may disconnect service after providing the requisite notice.

013.05C3 Nothing in Section 011.05C shall preclude a ratepayer from paying an arrearage in full or agreeing to an alternate payment schedule.

013.05C4 Nothing in Section 011.05C shall preclude a jurisdictional utility from collecting the applicable reconnection fee in its tariff or requiring a deposit.

013.06Immediate and Serious Health Hazard:

Consistent with Neb. Rev. Stat. § 70-1606(7) (Reissue 1996), a jurisdictional utility shall postpone the disconnection of natural gas service to a residential customer for a period of 30 days from the date of a duly licensed physician's certificate which certifies that an existing illness or handicap of a residential customer or resident within such residential customer's household would cause such person to suffer an immediate and serious health hazard by the disconnection of service to that household. Only one postponement of disconnection shall be allowed under this provision for each incidence of nonpayment of any past-due account.

291 Neb. Admin. Code, ch. 9, § 013