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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY FERLO, FONTANA, HUGHES, WASHINGTON, MELLOW, LOGAN, KASUNIC, O'PAKE AND M. WHITE, MARCH 2, 2009 |
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| REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, MARCH 2, 2009 |
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| AN ACT |
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1 | Amending Title 66 (Public Utilities) of the Pennsylvania |
2 | Consolidated Statutes, further providing for termination of |
3 | utility service. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Section 1406 of Title 66 of the Pennsylvania |
7 | Consolidated Statutes is amended to read: |
8 | § 1406. Termination of utility service. |
9 | (a) Authorized termination.--A public utility may notify a |
10 | customer and terminate service provided to a customer after |
11 | notice as provided in subsection (b) for any of the following |
12 | actions by the customer: |
13 | (1) Nonpayment of an undisputed delinquent account. |
14 | (2) Failure to comply with the material terms of a |
15 | payment agreement. |
16 | (3) Failure to complete payment of a deposit, provide a |
17 | guarantee of payment or establish credit. |
18 | (4) Failure to permit access to meters, service |
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1 | connections or other property of the public utility for the |
2 | purpose of replacement, maintenance, repair or meter reading. |
3 | (b) Notice of termination of service.-- |
4 | (1) Prior to terminating service under subsection (a), a |
5 | public utility: |
6 | (i) Shall provide written notice of the termination |
7 | to the customer at least ten days prior to the date of |
8 | the proposed termination. The termination notice shall |
9 | remain effective for 60 days. |
10 | (ii) Shall attempt to contact the customer or |
11 | occupant, either in person or by telephone, to provide |
12 | notice of the proposed termination at least three days |
13 | prior to the scheduled termination. Phone contact shall |
14 | be deemed complete upon attempted calls on two separate |
15 | days to the residence between the hours of 7 a.m. and 9 |
16 | p.m. if the calls were made at various times each day. |
17 | (iii) During the months of December through March, |
18 | unless personal contact has been made with the customer |
19 | or responsible adult by personally visiting the |
20 | customer's residence, the public utility shall, within 48 |
21 | hours of the scheduled date of termination, post a notice |
22 | of the proposed termination at the service location. |
23 | (iv) After complying with paragraphs (ii) and (iii), |
24 | the public utility shall attempt to make personal contact |
25 | with the customer or responsible adult at the time |
26 | service is terminated. Termination of service shall not |
27 | be delayed for failure to make personal contact. |
28 | (2) The public utility shall not be required by the |
29 | commission to take any additional actions prior to |
30 | termination. |
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1 | (c) Grounds for immediate termination.-- |
2 | (1) A public utility may immediately terminate service |
3 | for any of the following actions by the customer: |
4 | (i) Unauthorized use of the service delivered on or |
5 | about the affected dwelling. |
6 | (ii) Fraud or material misrepresentation of the |
7 | customer's identity for the purpose of obtaining service. |
8 | (iii) Tampering with meters or other public |
9 | utility's equipment. |
10 | (iv) Violating tariff provisions on file with the |
11 | commission so as to endanger the safety of a person or |
12 | the integrity of the public utility's delivery system. |
13 | (2) Upon termination, the public utility shall make a |
14 | good faith attempt to provide a post termination notice to |
15 | the customer or a responsible person at the affected |
16 | premises, and, in the case of a single meter, multiunit |
17 | dwelling, the public utility shall conspicuously post the |
18 | notice at the dwelling, including in common areas when |
19 | possible. |
20 | (d) Timing of termination.--Notwithstanding the provisions |
21 | of section 1503 (relating to discontinuance of service), a |
22 | public utility may terminate service for the reasons set forth |
23 | in subsection (a) from Monday through Friday as long as the |
24 | public utility can accept payment to restore service on the |
25 | following day and can restore service consistent with section |
26 | 1407 (relating to reconnection of service). |
27 | (e) Winter termination.-- |
28 | (1) Unless otherwise authorized by the commission, after |
29 | November 30 and before April 1, an electric distribution |
30 | utility or natural gas distribution utility shall not |
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1 | terminate service to customers [with household incomes at or |
2 | below 250% of the Federal poverty level] except for customers |
3 | whose actions conform to subsection (c)(1). [The commission |
4 | shall not prohibit an electric distribution utility or |
5 | natural gas distribution utility from terminating service in |
6 | accordance with this section to customers with household |
7 | incomes exceeding 250% of the Federal poverty level.] |
8 | (2) [In] (i) Except as provided under subparagraph |
9 | (ii), in addition to the winter termination authority set |
10 | forth in paragraph (1), a city natural gas distribution |
11 | operation may terminate service to a customer whose |
12 | household income exceeds 250% of the Federal poverty |
13 | level and to a customer whose income exceeds 150% of the |
14 | Federal poverty level but does not exceed 250% of the |
15 | Federal poverty level, and starting January 1, has not |
16 | paid at least 50% of his charges for each of the prior |
17 | two months. [unless the customer] |
18 | (ii) Subparagraph (i) shall not apply to a customer |
19 | that has done one of the following: |
20 | [(i)] (A) Has proven in accordance with |
21 | commission rules that his household contains one or |
22 | more persons who are 65 years of age or over. |
23 | [(ii)] (B) Has proven in accordance with |
24 | commission rules that his household contains one or |
25 | more persons 12 years of age or younger. |
26 | [(iii)] (C) Has obtained a medical certification |
27 | in accordance with commission rules. |
28 | [(iv)] (D) Has paid to the city natural gas |
29 | distribution operation an amount representing at |
30 | least 15% of the customer's monthly household income |
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1 | for each of the last two months. |
2 | (3) At the time that the notice of termination required |
3 | by subsection (b)(1)(i) is provided to the customer, the city |
4 | natural gas distribution operation shall provide notice to |
5 | the commission. The commission shall not stay the termination |
6 | of service unless the commission finds that the customer |
7 | meets the criteria in paragraph 2(i), (ii), (iii) or (iv). |
8 | (f) Medical certification.--A public utility shall not |
9 | terminate service to a premises when a licensed physician or |
10 | nurse practitioner has certified that the customer or a member |
11 | of the customer's household is seriously ill or afflicted with a |
12 | medical condition that will be aggravated by cessation of |
13 | service. The customer shall obtain a letter from a licensed |
14 | physician verifying the condition and shall promptly forward it |
15 | to the public utility. The medical certification procedure shall |
16 | be implemented in accordance with commission regulations. |
17 | (g) Qualification for LIHEAP.--A notice of termination to a |
18 | customer of a public utility shall be sufficient proof of a |
19 | crisis for a customer with the requisite income level to receive |
20 | a LIHEAP Crisis Grant from the Department of Public Welfare or |
21 | its designee. |
22 | (h) Dishonorable tender of payment after receiving |
23 | termination notice.-- |
24 | (1) After a public utility has provided a written |
25 | termination notice under subsection (b)(1)(i) and attempted |
26 | telephone contact as provided in subsection (b)(1)(ii), |
27 | termination of service may proceed without additional notice |
28 | if: |
29 | (i) a customer tenders payment which is subsequently |
30 | dishonored under 13 Pa.C.S. § 3502 (relating to |
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1 | dishonor); or |
2 | (ii) a customer tenders payment with an access |
3 | device, as defined in 18 Pa.C.S. § 4106(d) (relating to |
4 | access device fraud), which is unauthorized, revoked or |
5 | canceled. |
6 | (2) The public utility shall not be required by the |
7 | commission to take any additional actions prior to the |
8 | termination. |
9 | Section 2. This act shall take effect in 60 days. |
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