65- 407 C.M.R. ch. 660, § 1

Current through 2024-51, December 18, 2024

Section 407-660-1 - STATEMENT OF PURPOSES; APPLICABILITY; AND POLICY

A.Purposes

The purposes of this Rule are:

1. To assure safe and adequate provision of utility service;

2. To assure that service is not disconnected or refused unreasonably;

3. To ensure that customers of water utilities are not disconnected because of their inability to pay without being afforded the opportunity to enter into a reasonable payment arrangement; and

4. To assure the utility's right to collect proper payment for utility service.

Every privilege that is granted and every duty that is required by this Rule imposes an obligation on utilities, applicants and customers to accept these privileges and perform these duties with good faith, honesty and fairness.

This Rule defines the minimum standards for nondiscriminatory practices that all water utilities must follow. It does not, however, limit the power of utilities to give greater protection to their customers above these minimum standards.

B.Applicability of Rule

1. This Rule applies to all water utilities with the exceptions described in 6 below that are subject to the jurisdiction of the Commission.

2. Any provisions of this rule that conflict with or are pre-empted by 11 U.S.C. Section 366 of the Bankruptcy Code or any order issued by a bankruptcy court or the Bankruptcy Code shall be inapplicable.

3. This Rule takes effect on January 1, 2012. A utility must submit rate schedules that correct any conflict with the provisions of this Rule before that date. Any conflicting provision in any rate schedule or term and condition after January 1, 2012 are superseded by the Rule.

4. This Rule applies to the collection of amounts owed by a customer who is provided with water utility service in Maine.

5. Any Section of this rule not specifically designated as applying to residential or non-residential customers applies to all customers.

6. A utility that has less than 1500 residential customers as reported in the utility's most recent annual report on file with the Commission is exempt from the provisions listed below. If a utility is an affiliated interest (as defined in 35-A M.R.S.A. Section707 ) of one or more utilities that are subject to the Commission's jurisdiction, it qualifies for this exemption only if the total residential customers of the utility and the affiliated interests is less than 1500 residential customers. If a utility is exempt under this provision, it is not required to comply with the following provisions of this Rule: Section 6(C) Section 6(G) Section 7(F)(1)(d) Section 7(F)(2)(d) Section 7(G) Section 8(C) Section 10(L)(3) Section 10(L)(4) Section 13(D) Section 15(A)(5), (7-13), (15-18)

65- 407 C.M.R. ch. 660, § 1