Each AMP shall be designed in accordance with the provisions of this Section.
A. Eligibility Criteria Each T&D Utility's AMP shall be available to its Eligible Customers who meet the following eligibility criteria:
1. The Residential Customer must be eligible to receive a LIHEAP benefit;2. The Residential Customer must have an Arrearage Amount equal to or greater than $500 that is at least 90 days in arrears;3. The account in arrears must be a residential electric account that is or will be individually metered and taking service on a continuing year-round basis; and4. A Residential Customer is not eligible for an AMP if the customer has previously participated in an AMP, voluntarily withdrawn from an AMP, or is in Default under an AMP. In situations where a Residential Customer is in Default under an AMP, the customer is eligible to participate in the AMP only if the customer meets the requirements of section 3(I) of this chapter. B. Administration Each AMP will be administered by the T&D Utility with oversight by the Commission. AMP administration includes eligibility certification, benefit determination, coordination with the EMT, and any other administrative duty necessary to carry out the intent of this Chapter.
C. Required ProvisionsEach T&D Utility will implement and administer an AMP that:
1. Is structured in a way that incentivizes on-time bill payment with the intention of developing positive payment habits in Program Participants that will continue beyond program completion; 2. Requires each Program Participant to pay the current amount due for each of their monthly bills on-time to receive Forgiveness and to continue participating in the AMP. For customers on a Payment Arrangement at the time of their enrollment, the Payment Arrangement may be discontinued and the customer will instead be required to pay each month's current amount due on-time to participate in the AMP. An AMP may allow a customer to stay on an existing Payment Arrangement or enter into a new Payment Arrangement to pay more than the current amount due each month and receive additional Forgiveness through an incentive program, if such a program is offered by the T&D Utility, pursuant to section 3(D) below. With respect to SPA's that are structured to allow customers to pay less than the current amount due in the winter months to be made up by the customer paying more than the current amount due in the non-winter months, an AMP should allow a customer to enter into an SPA and continue to participate in the AMP. In this event, the monthly amount due for the Program Participant under the terms of the AMP, both during the winter period and the summer period, will be the amount due pursuant to the terms of the SPA and the Program Participant will not be eligible receive additional Forgiveness through an incentive program for payments made pursuant to the SPA;3. Allows residential applicants for service who qualify for the AMP at the time they apply for service to apply to participate in the T&D Utility's AMP prior to the actual provision of service. In these situations, if the applicant is approved to participate in the T&D Utility's AMP, the utility may require the applicant to pay any applicable deposit and reconnection fees and may require the applicant to pay up to 10% of the applicant's arrearage amount or $500, whichever amount is less, as a prerequisite for receiving service and participating in the AMP. If the T&D Utility requires the applicant to pay a deposit, it must follow the process described in section 12(B)(1)(b) of Chapter 815. Once the applicant pays this amount, the T&D Utility will provide service to the applicant and enroll the applicant in its AMP. If the applicant fails to pay this amount, the utility may require the applicant to pay the amount necessary to receive service as allowed by Chapter 815 of the Commission's rules as a prerequisite for receiving service;4. Is structured so that once enrolled, a Program Participant will be eligible for Forgiveness of up to 100% of their Arrearage Amount at the time of their enrollment, subject to the monthly cap and duration of the AMP term. Forgiveness will be applied to the Arrearage Amount in monthly amounts equal to one-twelfth of the Program Participant's Arrearage Amount at the time of enrollment, each time a customer pays their current amount due on time, up to a maximum of $300 a month until either: (i) a Program Participant Defaults; (ii) 12 monthly Forgiveness applications are made; or (iii) the Arrearage Amount has been fully Forgiven. Consumer-owned T&D Utilities may propose an alternative monthly cap which the Commission may approve with good cause shown; 5. Runs for a 12-month period from the date upon which the Program Participant was enrolled. Participants with Arrearage Amounts that are greater than $3600, or that otherwise are not fully forgiven after a 12-month period, and who successfully complete a full year of the AMP may reapply to continue participating in the AMP in subsequent years until the earlier of when: (i) the Program terminates; or (ii) the Participant's full Arrearage Amount is forgiven; and 6. Includes an Electricity Usage Assessment performed by the EMT at no cost to the Program Participant.D. Incentives Subject to Commission approval, T&D Utilities may propose AMP design features and provisions that provide additional incentives for improved and sustained customer bill payment performance and electricity usage reductions. These incentives may include arrearage Forgiveness amounts greater than those included in subsection C(4) above.
E. Enrollment Process Eligible Customers may enroll in an AMP at any time during the AMP year. Eligible Customers must affirmatively enroll into an AMP program and may not be enrolled by a T&D Utility without the Eligible Customer's authorization.
Enrollment must be done using the Standard Intake Form, unless an alternative form or process is approved by the Commission. A CAP responsible for LIHEAP administration in the customer's service area may complete and submit the form on behalf of a customer to the T&D Utility for enrollment.
F. Fees and Down Payments Prohibited Eligible Customers may not be charged any additional administrative fees or be required to make a down payment on any Arrearage Amount as a condition of enrollment in an AMP.
G. DefaultWhen a required monthly payment is not made on time, a Program Participant will be considered in Default and removed from the AMP. Reinstatement is allowed as provided in subsection I below.
H. Voluntary WithdrawalProgram Participants may withdraw from the AMP at any time. Such withdrawal will disqualify a customer from future participation.
I. Reinstatement after DefaultEach AMP must provide a mechanism to allow Eligible Customers who have Defaulted to be reinstated into the AMP by payment in full of the missed monthly payment, including all late-payment fees. Each AMP may allow up to a maximum of two Defaults. Once, the maximum number of Defaults is exceeded, the customer is no longer eligible to participate in the AMP, even if the Defaults are cured.
J. Energy Efficiency As a condition of enrollment and ongoing eligibility, a Program Participant shall agree to accept energy management measures and programs offered at no cost by the Participant's T&D Utility, the EMT, the MSHA, or other federally or state-funded programs and complete the Usage Assessment for the Program Participant's dwelling or rental unit, to the extent such acceptance is within the Program Participant's control.
K. Term of the AMPThe term for customer enrollment in AMPs shall be from October 1, 2015 through September 30, 2018, which is the effective date upon which Ch. 556 is repealed No new Program Participants will be enrolled after this date. Customers enrolled in an AMP on or before September 30, 2018 will be eligible for arrears Forgiveness under the AMP for 12 months following the customer's enrollment date.
L. Continuing Applicability of Chapter 815 Except as specifically varied by this Chapter or by terms and conditions approved by the Commission, the provisions of Chapter 815 shall continue to apply.
65- 407 C.M.R. ch. 317, § 3