N.H. Admin. Code § En 1203.11

Current through Register No. 50, December 12, 2024

Section En 1203.11 - Disconnection of Service

(a) This section shall not apply to sewer utilities. Regulation of disconnection of sewer service shall be found in En 703.03.

(b) Except as described in En 1203.07 (h), (i) and (j) or listed under (c) below, a utility shall provide notice of disconnection that includes the following information:

(1) For purposes of this section, notice of disconnection to a residential or non-residential customer shall consist of written notice setting forth the information listed in (2) below, postmarked 14 calendar days prior to the proposed date of disconnection; and

(2) Notice of disconnection shall set forth in clear, concise, and conspicuously printed words the following information:

a. The name and mailing address of the customer(s);

b. The service address, if different from the mailing address;

c. The account number;

d. The proposed date of disconnection of service;

e. A conspicuous statement that the notice of disconnection may be disregarded if the customer has negotiated a current payment arrangement pursuant to En 1203.07;

f. The reason for the disconnection of service;

g. The possible consequences of disconnection, such as deposit requirement, reconnection fee, and any other similar consequences;

h. The address and telephone number at which the customer may contact the utility;

i. A statement that the customer may contact the utility to discuss arrangements for payment;

j. The toll-free telephone number of the department's consumer division;

k. The method by which the customer may question or contest the disconnection notice, preceded in conspicuous type by the words "Important Notice - Your Rights";

l. The statement or a statement substantively consistent with the statement: "MEDICAL EMERGENCY- If you are a residential customer and believe that a medical emergency exists in your home or would exist if your service were to be disconnected, you may be protected from disconnection. Please contact us at [insert telephone number of the utility] for more information."; and

m. Any additional data which the utility deems pertinent.

(c) Notice to a residential or non-residential customer shall not be required if the utility notifies the department of the disconnection within 48 hours of the disconnection and one of the following conditions exists:

(1) The customer has obtained utility service in an unauthorized manner or used utility service fraudulently;

(2) The customer has clearly abandoned the property as demonstrated by the fact that the service address premises have been unoccupied and vacant for a period of 60 calendar days;

(3) There is a condition dangerous to the health, safety, or utility service of others; or

(4) There is a clear and present danger to life, health, or physical property.

(d) The requirements of (c) above shall not be limited by En 1204 and En 1205.

(e) The requirements of (c) above shall not impose a duty on utilities to know of any dangerous condition, or to ensure against any such condition.

(f) The notification to the department required in (c) above shall not apply where the disconnection has occurred at the request of state or municipal officials such as fire, police, or other emergency response officials.

(g) Except as limited by (h) below and En 1204 and En 1205, a utility may disconnect service to a residential customer after notice if any one of the following circumstances exists:

(1) When the customer has failed to pay an arrearage after proper demand therefore;

(2) When the customer has failed to pay a deposit request, establish a direct debit account, or provide an acceptable third-party guarantee in lieu of the deposit pursuant to En 1203.03;

(3) When the customer has failed to pay the bill and failed to enter into a payment arrangement for payment of the bill on or before the due date printed on the bill; or

(4) When the customer refuses access to the residential premises for a necessary inspection or replacement of utility property, including but not limited to the reading of meters.

(h) A utility shall not disconnect a residential customer's service and a notice of disconnection shall not be sent to a residential customer if any of the following conditions exist:

(1) The customer's arrearage is less than 60 calendar days outstanding and is less than $100;

(2) The unpaid bill results from service other than utility service, such as merchandise, appliance sales, or repairs;

(3) A municipal welfare office has guaranteed payment of the average monthly bill on behalf of the customer, pursuant to the town's public welfare obligations under RSA 165, and the customer agrees to enter into a reasonable arrangement for repayment of the amount in arrears pursuant to En 1203.07; or

(4) The arrearage is for prior residential service furnished in the name of someone other than the customer of record unless:

a. The customer of record and the above-mentioned person other than the customer of record resided together at the address where the arrearage was incurred;

b. Both that person and the customer of record received the benefit of the utility service;

c. Both that person and the customer of record reside together at the current service address and receive the benefit of the current utility service; and

d. The person other than the customer of record refuses to enter into a payment arrangement subject to all the provisions of En 1203.07.

(i) A utility may disconnect service to a non-residential customer after proper notice if any of the following conditions exist:

(1) The customer has failed to pay any arrearage remaining unpaid after proper demand therefore;

(2) The customer has violated any tariff provision;

(3) The customer has failed to pay a properly requested deposit, establish a direct debit account, or provide an acceptable third-party guarantee; or

(4) The customer refuses access to the premises for a necessary inspection of utility property, including but not limited to the reading of meters.

(j) Unless special arrangements are made with the customer, a utility shall only disconnect service to its residential customers from 8:00 am to 3:30 pm Monday through Thursday.

(k) The utility shall not disconnect service to its residential customers during the time specified by (j) above if the proposed disconnection would occur on:

(1) A state or federal holiday;

(2) The day preceding a state or federal holiday;

(3) A day the department is closed to the public; or

(4) The day preceding a day the department is closed to the public.

(l) Unless special arrangements are made with the customer, a utility shall only disconnect service to its non-residential customers from 8:00 am to 3:30 pm Monday through Friday.

(m) The utility shall not disconnect service to its non-residential customers during the time specified by (l) above if the proposed disconnection would occur on:

(1) A state or federal holiday; or

(2) A day the department is closed to the public.

(n) The utility shall have 8 business days from the date of the proposed disconnect in which to implement the disconnection.

(o) Except as limited in En 1205.05, before disconnection of residential service, the utility employee disconnecting the service shall notify an adult residing at the premises or leave a written notice if no adult is at the premises.

(p) The notice provided under (o) above shall include the following information:

(1) Procedures the customer must follow to be reconnected;

(2) The address and telephone number at which the customer may contact the utility; and

(3) The toll-free telephone number of the department's consumer division.

(q) When the utility sends an employee to a residential customer's premises for the purpose of disconnecting service and the customer tenders payment of the past due amount in full to prevent disconnection, the employee shall act as follows:

(1) The utility's employee shall accept the payment, provide the customer with a receipt, and leave the service intact as long as the following is true:

a. The employee shall know the full past due amount to be paid to bring the customer's account current;

b. The employee shall not be required to make change; and

c. The employee shall not be required to negotiate payment arrangements; or

(2) Without disconnecting the customer's service, the utility's employee shall direct the customer to go immediately to the utility's nearest office or payment agency and tender payment there.

(r) A utility may charge for collection of payment at the customer's premises in accordance with the utility's tariffs on file with the commission.

(s) The utility shall not be required to follow the procedures described in (q) above more than 2 times in a 12-month period.

(t) A utility may use a third party to conduct collection activities provided:

(1) The third party complies with En 1200; and

(2) For all accounts other than terminated accounts, the use of a third party is transparent to the customer.

(u) The department shall impose a moratorium on disconnections of service when there exists an imminent peril to the public's health, safety, or welfare.

(v) Utilities shall maintain records showing the:

(1) Number of disconnection notices sent out annually; and

(2) Annual number of and reasons for actual disconnections.

N.H. Admin. Code § En 1203.11

Derived from Number 24, Filed June 13, 2024, Proposed by #13986, Effective 5/30/2024, Expires5/30/2034 (see Revision Note at chapter heading for En 1200).