N.H. Admin. Code § En 1203.16

Current through Register No. 50, December 12, 2024

Section En 1203.16 - Disconnection Conferences

(a) Upon receipt of the notice of disconnection, a customer may request and the utility shall grant a conference with the utility prior to the proposed date of disconnection specified on the notice, as follows:

(1) A utility shall not be required to grant a conference to a customer whose request for a conference is made on the proposed disconnect date, although the utility may grant one;

(2) A customer whose request for a conference is made either one or 2 days prior to the proposed disconnect date shall be entitled to a conference no later than 3 business days after the request; and

(3) Service shall not be disconnected prior to the latest of the following:

a. Five business days after the conference;

b. Five business days after the postmarked date of the utility's written decision relating to the conference; or

c. The proposed date of disconnection specified in the disconnect notice.

(b) The conference requested shall consist of:

(1) A meeting between the customer and the utility conducted by telephone;

(2) Discussions between the customer and the utility relating to the disconnect notice; and

(3) An agreement that the utility shall notify the customer of the utility's resolution to the dispute by a date certain.

(c) The utility shall make a memorandum regarding the outcome of each conference. Should a conference with the department staff be requested, pursuant to (d) below, the utility shall forward a copy of the conference memorandum to the department and to the customer.

(d) During the conference, the utility shall inform the customer of the customer's right to request a conference with the department staff if the customer is dissatisfied with the outcome of the conference, pursuant to (e) below.

(e) A request for a conference with the department staff shall be made as follows:

(1) The customer's request for a conference with the department staff shall be made before the date of the proposed disconnection or within 5 business days after issuance of the utility's notification to the customer of the utility's resolution to the dispute as described in (b)(3), whichever is later; and

(2) The customer's request shall be made to the department in writing, in person, or by telephone.

(f) Failure to request a conference with the department staff within 5 business days after issuance of the utility's notification of the utility's resolution to the dispute shall result in implementation of the utility's decision pursuant to the conference with the utility.

(g) A conference with the department staff shall be scheduled at the convenience of the customer during normal business hours but shall be held no more than 15 business days following the date of the request.

(h) A report of the outcome of the conference with the department staff shall be prepared by the department staff and provided to all parties within 10 business days following the conference.

(i) If a customer requests a conference with the department staff, the utility shall continue service to the customer until such time as the department staff determines whether the disconnection is justified pursuant to these rules.

(j) If the utility or the customer does not agree with the outcome of the conference with the department staff, the party not in agreement may file a formal complaint pursuant to RSA 365:1 with the commissioner of the department within 5 business days following receipt of the report in (h) above.

(k) The utility shall not disconnect service for non-payment of any disputed amounts until the customer has exhausted all remedies before the department.

N.H. Admin. Code § En 1203.16

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).