N.J. Admin. Code § 14:3-3A.2

Current through Register Vol. 56, No. 19, October 7, 2024

Section 14:3-3A.2 - Discontinuance for nonpayment

(a) Except for residential telephone service that is covered at N.J.A.C. 14:3-3A.8, and subject to the limits below in this section, a public utility may discontinue service for nonpayment only if one or both of the following criteria are met, and shall not discontinue service for nonpayment for any other reason:

1. The customer's arrearage is more than $ 200.00; and/or

2. The customer's account is more than three months in arrears.

(b) A utility may discontinue service for nonpayment only of charges for the actual utility commodity itself, that is, for electricity, gas, water, wastewater service, or telephone service. A utility shall not discontinue service for nonpayment of charges for optional services, as defined at N.J.A.C. 14:4-1.1, or for repairs, merchandise, installation of conservation measures, or other non-tariff services contracted for between the customer and the utility, nor shall the utility threaten discontinuance for any of these reasons.

(c) If a customer receives both residential and business utility service, nonpayment for business service shall not be a reason for discontinuance of residential service, except in cases of diversion of service pursuant to N.J.A.C. 14:3-7.8.

(d) A utility may discontinue a customer's service for nonpayment of bills rendered only after the utility has completed all of the following steps:

1. It has met all applicable notice requirements at N.J.A.C. 14:3-3A.3;

2. It has confirmed that appropriate payment has not been received at any office of the utility or at any office of an authorized agent through the end of the notice period set forth in the notice of discontinuance issued under N.J.A.C. 14:3-3A.3;

3. It has confirmed on the day on which service may be discontinued, that payment has not been posted to the customer's account at the opening of business on that day;

4. After the end of the notice period in the notice of discontinuance, but before discontinuance of residential service, the electric, gas, water, or wastewater utility representative shall personally notify an adult occupant of the premises, or leave a sealed note in the event that no adult is on the premises. The note shall include information as to how the customer's service may be reconnected. This notice shall be in addition to all other notice required pursuant to this subchapter; and

5. If a residential customer offers payment of the full amount or a reasonable portion of the amount due at the time of discontinuance, a utility representative shall accept payment without discontinuance of service. Whenever such payment is made, the utility representative shall provide the customer with a receipt showing the date, account number, customer's name and address and amount received.

(e) A utility shall not discontinue a customer's service for nonpayment under the following circumstances:

1. Whenever the high temperature is forecast to be 32 degrees Fahrenheit or below during the next 24 hours, electric, gas, water, and wastewater utilities shall not, within any portion of their service territories, disconnect residential service for nonpayment, failure to pay a cash security deposit or guarantee, or failure to comply with the terms of a deferred payment plan. This limit applies to all residential customers, including those eligible for or enrolled in the Winter Termination Program at N.J.A.C. 14:3-3A.5;

2. If a customer is eligible for the Winter Termination Program pursuant to N.J.A.C. 14:3-3A.5, electric, gas, water, and wastewater utilities shall not discontinue residential service to the customer from November 15 through March 15, except as provided pursuant to N.J.A.C. 14:3-3A.5;

3. Whenever the high temperature is forecast to be 90 degrees Fahrenheit or more at any time during the following 48 hours, electric, gas, water, and wastewater utilities shall not discontinue residential service to a customer for reasons of nonpayment, failure to pay a cash security deposit or guarantee, or failure to comply with a deferred payment agreement;

4. If a customer meets the conditions for a medical emergency in (i) below, a utility shall not discontinue service except in accordance with (i) below; and

5. A utility shall not discontinue service because of nonpayment in cases where a charge is in dispute, provided the undisputed charges are paid and the customer has requested that the Board investigate the disputed charge, in accordance with N.J.A.C. 14:3-7.6(b).

(f) (Reserved.)

(g) In applying the temperature-related limits at (e)1 and 3 above, a utility shall rely on forecasts obtained from national weather stations covering the utility's facilities, including the Newark Weather Station and the Atlantic City Airport Weather Station. If a utility's service territory is covered by more than one national weather station, and these weather stations forecast different high temperatures, the utility shall rely on the lowest forecast in applying (e)1, and shall rely on the highest forecast in applying (e)3.

(h) Nothing in this section shall relieve the customer of any financial obligation to the electric, gas, water, or wastewater utility providing the service.

(i) Discontinuance of residential service for nonpayment is prohibited for up to 90 days initially if a medical emergency exists within the residential premises, which would be aggravated by a discontinuance of service. The following conditions apply to this 90-day prohibition on discontinuance:

1. The utility may require the customer to provide reasonable proof of inability to pay;

2. The utility may require the customer to submit a written statement by a licensed medical professional to the utility, stating the existence of the emergency, its nature and probable duration, and that discontinuance of service will aggravate the medical emergency;

3. At the end of such period of emergency, the customer shall remain liable for payment for all service(s) rendered, subject to N.J.A.C. 14:3-7.6; and

4. If, during the period of medical emergency, the customer incurs telephone charges in excess of the customer's average telephone bills of the six months preceding the first 30-day period, the utility may require the telephone customer to pay those excess charges during the medical emergency.

(j) The Board may extend the 90-day period at (i) above for good cause. The customer shall request such an extension from Board staff in writing. The request shall be accompanied by an updated document from a licensed medical professional that meets the requirements at (i)2 above. Pending the Board staff's review of the request for extension, utility service shall not be discontinued.

(k) When a public utility disconnects service to an unknown account and the utility is notified that a medical emergency exists in the residential premises, the utility shall:

1. Restore service immediately;

2. Allow 14 days to apply for service; and

3. Allow seven additional days following the service activation date or 21 days following the date the utility is notified of a medical emergency, whichever date is later, to submit a medical certification to the utility written by a licensed medical professional in accordance with (i)2 above.

(l) When a public utility disconnects service to a master metered premise in which the landlord is the actual customer of record and the utility has been notified that a medical emergency exists by a tenant, the utility shall restore service for a period of seven days to allow the customer of record to resolve the non-payment issue and to provide the tenant with time to make alternative arrangements.

N.J. Admin. Code § 14:3-3A.2

Amended by 52 N.J.R. 1566(a), effective 8/3/2020

Amended by 54 N.J.R. 1612(a), effective 8/15/2022