N.J. Admin. Code § 14:3-3A.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 14:3-3A.3 - Notice of discontinuance for nonpayment

(a) Before discontinuing a customer's service for nonpayment, a utility shall notify the customer that the bill has not been paid and that the service will be discontinued, in accordance with this section.

(b) Before sending a notice of discontinuance to the customer for nonpayment of an outstanding past due bill, a utility shall have allowed the customer an initial period of at least 20 days to pay the bill after the original postmark date of the outstanding bill or electronic transmission date for customers on electronic billing, except for a water utility customer with fire protection or multi-use service pursuant to N.J.A.C. 14:3-3A.4(j). Each notice of discontinuance shall meet all of the following criteria:

1. The notice shall be in writing;

2. The written notice shall be sent by first class mail, apart from the bill and as a separate mailing. However, should a utility find that compliance with this rule would result in financial harm and/or would negatively impact the utility's daily operations, the utility may file a written request for exemption with the Secretary of the Board, setting forth the basis for such request; and

3. The notice shall be postmarked no earlier than 20 days after the original postmark date of the outstanding bill. In the absence of a postmark for the outstanding past due bill, the burden of proving the original mailing date of the bill shall be upon the utility.

(c) The notice of discontinuance for nonpayment shall provide the customer with an additional period of at least 10 days to pay the outstanding past due bill. The 10 days shall begin on the postmark date of the notice of discontinuance.

(d) A new notice shall be served by the utility each time it intends to discontinue service for nonpayment of an outstanding past due bill, except that no additional notice shall be required when, in response to a notice of discontinuance, a customer pays the outstanding past due bill by check and the check is subsequently dishonored. Each new notice of discontinuance shall meet the same requirements that apply under this section to the initial notice of discontinuance.

(e) A public utility shall, upon request of the customer, send a Spanish language version of the notice of discontinuance.

(f) During the heating season, all notices of discontinuance of residential electric, gas, water, and wastewater utility services shall be accompanied by a Winter Termination Program fact sheet, printed in both English and Spanish, setting forth all terms and conditions of the Winter Termination Program. Each electric, gas, water, and wastewater utility shall submit drafts of their proposed fact sheets to Board staff no later than October 1 of each year, for approval for use during the upcoming heating season.

(g) If service is being discontinued both for nonpayment and for one or more of the reasons set forth at N.J.A.C. 14:3-3A.1(a)1, 2, and 5, the utility may provide notice pursuant to N.J.A.C. 14:3-3A.1(d) rather than pursuant to this section, and immediate payment of accounts may be required.

N.J. Admin. Code § 14:3-3A.3

New Rule, R.2008 d.119, effective 5/19/2008.
See: 39 N.J.R. 4077(b), 40 N.J.R. 2481(a).
Amended by R.2010 d.200, effective 9/20/2010.
See: 41 N.J.R. 3204(a), 42 N.J.R. 2271(a).
Rewrote the introductory paragraph of (b); added (b)1; recodified former (c) as (b)2; rewrote (b)2; added (b)3 and new (c); and in (d), substituted "an outstanding past due" for the first occurrence of "a", inserted "outstanding past due" and inserted the last sentence.

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