65-407-815 Me. Code R. § 10

Current through 2024-51, December 18, 2024

Section 407-815-10 - DISCONNECTIONS

A.When Disconnection procedures can begin

A Utility may begin Disconnection procedures without the consent of the Customer or occupant only if one or more of the following conditions exist:

1. The Customer does not pay or make a Payment Arrangement on an undisputed overdue amount that is more than $150.00. A Utility can disconnect service for an overdue amount of less than $150.00 only if the overdue amount is more than 90 days old or the Utility bills four times a year or less.

2. The Customer does not make payment according to the terms of a Payment Arrangement.

3. The Customer does not pay or make a Payment Arrangement for a Deposit or provide a third-party guarantor according to the provisions of Section 7;

4. Service is being used, but no occupant or other person has applied for Customer status.

5. The Customer unreasonably refuses to allow access to the premises to install or read a meter or for the necessary inspection or repair of Utility property.

6. There is Unauthorized Use of the Utility service delivered to the affected premises.

7. The Utility has reason to believe there is Fraud or that the Customer has materially misrepresented his or her identity to obtain Utility service without complying with the provisions of this Rule.

8. The occupant's service poses a threat to the safety of any person or the integrity of the Utility delivery system.

9. The Utility receives a directive from the State Electric Inspector, State Pipeline Safety Inspector, or local code enforcement officer to disconnect service for safety reasons.

10. The Customer does not comply with a decision of CASD or the Commission according to Section 13.

B.Customer request or abandonment

A Utility may disconnect service at the request of a Customer (provided that the provisions of Section 10(I) concerning landlord/tenant disconnections are not applicable) or if the Premises is clearly abandoned. A Utility may require Customers to give notice of requests to disconnect service. A Utility cannot require more than seven days' notice. The Utility may require the Customer to pay for service that is actually provided until the Customer gives the required notice, the Utility actually disconnects the service, the Utility initiates Disconnection procedures for failure to apply for Customer status, or there is an application for service at that location.

C.When Disconnection cannot occur

Disconnection without the Customer's consent cannot occur in the following situations.

1.Amount Overdue

The amount overdue stated on the Disconnection notice includes:

a. Non-basic Utility service (defined in Section 2(Y));

b. amounts owed from a different account, unless a transfer of the account balance was done according to Section 8(L);

c. amounts owed for estimated bills when the latest bill issued was based on an estimated read; or

d. service provided in the name or names of persons other than the Customer, unless a court or other administrative agency has determined that the Customer is legally obligated to pay the amount overdue or a transfer of account balance was completed according to Section 6(C). This paragraph does not affect the creditor rights and remedies of a Utility provided by other law.

2.Existence of Medical Emergency

A Utility must not disconnect if it has been notified of a Medical Emergency according to Section 11.

3.Public Safety Facilities for nonpayment of rates, fees, or charges for Utility service

A Utility may not disconnect a Public Safety Facility's Utility service for nonpayment of rates, fees, or charges for Utility service unless the Utility has:

a. provided written notice to the local government using the Public Safety Facility of the public Utility's intention to disconnect the Public Safety Facility's Utility service at least 60 days before the disconnection date;

b. obtained from the Commission written authorization to disconnect the Public Safety Facility's Utility service; and

c. obtained from the Department of Public Safety written authorization to disconnect the Public Safety Facility's Utility service.

A letter from the Commission's General Counsel providing the notice articulated in 35-A M.R.S. §719(2)(B) and issued in a docket designated for the public Utility using the Commission's electronic case management system constitutes an example of the public Utility having been explicitly notified by the Commission for the purpose of imposing an additional penalty.

4.Extreme heat or humidity

A Utility may not disconnect when the Customer's Premises is located in a Public Forecast Zone as defined by the National Weather Service, and a Heat Advisory or an Excessive Heat Warning as determined by the National Weather Service is in place for that zone.

D.Notice Requirements

1.Without notice

A Utility can disconnect a Customer without notice in the circumstances described in:

a. Section 10(A)(6) (unauthorized use);

b. Section 10 (A)(8) (dangerous condition);

c. Section 10(A)(9) (directive from State or local official); or

d. Section10(B) (Customer request or abandonment).

2.14-Day notice and 7-day notice

A Utility must provide residential Customers with written notice of the intent to disconnect at least 14 calendar days before the stated Disconnection date and must provide non-residential Customers with written notice of the intent to disconnect at least seven calendar days before the stated Disconnection date in the circumstances described in:

a. Section 10 (A)(1) (failure to pay);

b. Section 10 (A)(5) (refusal of access); or

c. Section 10 (A)(7) (Fraud or material misrepresentation).

3.3-Day notice

A Utility must provide written notice of the intent to disconnect a Customer at least three business days before the stated Disconnection date in any of the circumstances described in:

a. Section 10(A)(2) (broken payment arrangement);

b. Section 10(A)(3) (failure to provide a deposit or guarantor);

c. Section 10(A)(4) (failure to apply for Customer status);

d. Section 10(A)(10) (failure to comply with Commission decision), unless CASD or the Commission establishes a different notice period;

e. Section 10(H) (dishonored check); or

f. Section 11(C) (certification of a Medical Emergency).

4.Time of issuance

a. A Utility cannot issue a Disconnection notice for the circumstances described in Section 10(A)(1) (failure to pay an overdue amount) until at least 30 days after the original Bill is mailed. A Bill is considered "mailed" on the date it is postmarked. If there is no postmark, a Utility must date and mail the Bill on or before that date. A Utility cannot issue a Disconnection notice for the circumstances described in Section 10(A) (2) (broken payment arrangement) and 10(A)(3) (failure to pay a deposit) until at least one business day after the due date of the payment.

b. A Utility may issue a Disconnection notice for the other circumstances described in Section 10(A) at any time after the applicable criteria are met.

E.Disconnection date

The Disconnection date for residential and non-residential Customers stated in the notice must not be a Friday, weekend, legal holiday, the day before a legal holiday or a day when the Utility's office is not open for public business. The term "legal holiday" is defined in 4 M.R.S.§ 1051.

F.Period of effectiveness

A Disconnection notice is effective for 10 business days after the Disconnection date stated in the notice. If a Utility fails to properly disconnect service within this time frame, the Disconnection notice procedures must be repeated. For residential Disconnection notices issued where the effective period of the notice extends beyond November 14, the notice must include a statement in bold lettering that the latest date the Utility can disconnect service is November 14.

G.Refusal of access by Customer

If a Customer expressly refuses to allow the Utility access to the meter or other fixture or device necessary to accomplish disconnection, the 10-business day period provided in Section 10(F) above can begin on the date of the last refusal by the Customer. This provision applies if the Utility:

1. records the date, time and manner of each attempt to disconnect service and each express refusal by the Customer to allow access; and

2. has no other reasonable means to disconnect the Customer other than that refused by the Customer.

H.Payment not honored

1.Residential Customers

If a residential Customer's payment was not honored by the bank before the expiration of the Disconnection notice, the Utility must attempt to obtain payment by alternate means from the Customer before disconnecting service. If a payment is not honored after the expiration of the Disconnection notice, the Utility can issue a 3-day Disconnection notice pursuant to Section 10(D)(3) above and require payment by cash or certified check.

2.Non-residential Customers

If a non-residential Customer's payment was not honored by the bank before the expiration of the Disconnection notice, the Utility may proceed with Disconnection pursuant to Section 10(L) below.

I.Disconnection notice procedures for leased or rented residential property

1. A Utility cannot disconnect a Premises when it is aware that it is leased or rented at the request of a lessor, owner, or agent ("landlord") or because the landlord (as a Customer) has failed to pay an overdue amount, unless:

a. the tenant agrees in writing to the disconnection;

b. the landlord signs a statement that the premises are vacant;

c. the Utility by personal inspection determines that the premises are vacant; or

d. the Utility gives notice as described in paragraph 2 below.

2. A Utility must make every reasonable attempt to deliver the notice in person to at least one adult occupant of each unit. With respect to a single meter, multi-unit building, the Utility must also post the notice at or near the front and rear entrances to the building or buildings affected. The notice must, in addition to the applicable disclosures of Section 10(J) below, inform the tenant how service can be continued. A Utility must either offer the tenant the opportunity to obtain service in the tenant's name or otherwise assume responsibility for further payment.

3. The Disconnection notice must be mailed or delivered at least 14 days before the Disconnection date stated in the notice.

4. Before the actual Disconnection to a single-meter, multi-unit building, a Utility must:

a. apply any existing deposit to the current Account Balance; and

b. file the lien authorized by Title 35-A M.R.S.A. §706.

5. A Utility cannot require the tenant to pay for any charges incurred by the landlord or demand a Deposit or advance payment based on the landlord's credit history.

6. This subsection also applies if a municipality requests the Utility to disconnect service at a location where the municipality has temporarily put the service in its name on behalf of the occupant.

J.Content of Disconnection notice

A Disconnection notice must be in writing and conspicuously contain the following information:

1. the overdue amount that must be paid to avoid Disconnection or the exact reason for the Disconnection if not for an overdue amount;

2. what the Customer must do to avoid Disconnection;

3. the Disconnection date and the period for which the Disconnection notice is effective;

4. for residential Customers, a statement of the Customer's right to postpone Disconnection due to a Medical Emergency with the Customer or an Occupant and a description of how to postpone the Disconnection according to Section 11;

5. a statement that the Customer can avoid Disconnection by negotiating a Payment Arrangement with affordable monthly installment payments and that the overdue amount must be paid in a reasonable period of time. This disclosure is not required if the Disconnection notice is for a broken Payment Arrangement;

6. a statement of the Customer's right to submit a dispute before the Disconnection date including the address and toll-free phone number of CASD;

7. a statement that the Customer cannot submit a dispute to CASD until the Customer has first tried to resolve the dispute with the Utility;

8. a telephone number that the Customer can call to resolve the situation causing the Disconnection and a statement that the call may be made collect from within the Utility's service area, unless a toll free number is offered or calls within the Utility's service area are toll free to the designated telephone number;

9. a statement of the reconnection charge, if any; and,

10. a statement of the Utility's policy concerning the requirement of a Deposit in the event of Disconnection.

K.Plain language Disconnection notice

Every Utility must use a plain language Disconnection notice that complies with the following guidelines:

1. The type size must be no smaller than 10 points high. The typeface (shape of the letters) should be designed to improve or enhance the visual size of the type. Headlines should be in larger or bold type. All text should be in capitals and lower case as opposed to ALL IN CAPITALS;

2. The color of the Disconnection notice and type must avoid problems for persons whose "color deficient" sight makes all colors appear as shades of gray;

3. The use of reverse-blocks in which letters appear as white against a black or dark gray background must be avoided; and

4. The headline on a disconnection notice must conspicuously be entitled "Disconnection Notice" in at least 12 point type.

L.Disconnection procedures

1.Time for Residential and non-residential Customers.

Disconnection must occur between 8:00 a.m. to 3:00 p.m. during the effective period of the notice. For Customers who have a meter with remote disconnect and reconnect functionality, Disconnection must occur between 8:00 a.m. and no later than 2 hours prior to the latest time in the same day that the Customer is able to contact the Utility to resolve the Disconnection. Disconnection cannot occur on a Friday, weekend, legal holiday, the day before a legal holiday or a day when the Utility's office is not open for public business. These restrictions can be varied if:

a. the Utility has made special arrangements with the Customer to disconnect at an alternative time;

b. access to the premises can only be obtained at an alternative time; or

c. the Disconnection is for a reason other than nonpayment.

2.Attempt to contact

A Utility must make a reasonable effort to contact the Customer personally before Disconnection occurs. This duty is met if the Utility:

a. contacts the Customer by telephone on the date specified in the notice or during the effective period of the Notice; or

b. attempts personal contact with the Customer at the time of a premise visit to disconnect.

For utilities that have the ability to remote disconnect, this duty is met if the Utility makes a least two telephone attempts, one before 5:00 p.m. and one after 5:00 p.m., and the Utility provides written notice of the Utility's ability to remote disconnect pursuant to Section 5(A). These two telephone attempts may be made on the same day provided there is a minimum of 2 hours between the two calls.

3.Procedure upon contact before Disconnection

a. If the Utility obtains contact with the Customer before Disconnection, the Utility must attempt to avoid Disconnection. In any case, an authorized Utility employee must explain:

i. the amount overdue or other reason for the proposed Disconnection; and

ii. how the Disconnection can be avoided, including the Customer's obligation to pay the overdue amount or enter into an installment Payment Arrangement; notifying the Customer of the right to file a dispute with CASD in the event that the Customer is unable to resolve the issue with the Utility; explaining the duty of the Customer to pay any portion of a Bill which the Customer does not dispute; and asking residential Customers if anyone resides at the location that has a medical condition that would be seriously aggravated by a loss of Utility service. If the answer is "yes," the employee must explain the process for postponing Disconnection due to a Medical Emergency.

b. A Utility employee who visits the premises to disconnect is not required to have the authority to negotiate or enter into Payment Arrangements or to accept payment or make change to avoid Disconnection. If the Utility employee is not authorized to fully explain the Customer's rights and obligations as described in paragraph 3(a) above, the employee must offer the Customer the opportunity to communicate with an employee who has this authority before disconnecting the service. If the Utility has already made Personal Contact with a Customer pursuant to subsection 2 above and the Customer has not taken the necessary steps to avoid Disconnection, the Utility is not required to postpone Disconnection a second time pursuant to this subsection to contact the Utility. If a Customer offers to pay the overdue amount to prevent Disconnection, the Utility employee must either:

i. accept payment, give a receipt and leave the service intact; or

ii. direct the Customer to the nearest location where payment is accepted and postpone Disconnection for a reasonable time.

c. The Utility may assess a reasonable fee pursuant to a rate schedule approved by the Commission when the overdue amount is paid in the situations described in paragraph b above.

4.Post-Disconnection notice

a. If Disconnection occurs as a result of a premise visit, the Utility must post or deliver a written notice to an occupant of the premises at the time of the disconnection. The written notice must contain:

i. the address and telephone number of the Utility;

ii. the overdue amount or other reason for the Disconnection;

iii. the requirements for reconnection; and

iv. the procedure for residential Customers to declare a Medical Emergency.

b. A Utility must mail the written notice required by this subsection within three business days when:

i. a Customer's billing location is different from the service location; or

ii. a premise visit was not required to disconnect.

5.Informational packet to disconnected residential Customers prior to the Winter Disconnection Period

By November 15 of each year, utilities must mail an informational packet to each residential Customer that was disconnected for non-payment between April 16 (the end of the previous Winter Disconnection Period) and October 15, who was not subsequently reconnected by November 1, that includes:

a. the address and telephone number of the Utility;

b. the overdue amount or other reason for the Disconnection;

c. the requirements for reconnection;

d. the procedure for residential Customers to declare a Medical Emergency pursuant to section 11 of this Rule;

e. the existence of the Utility's LIAP, to the extent the Utility has one and procedures for enrollment pursuant to Chapter 314 of the Commission's Rules;

f. the existence of the Utility's Arrearage Management Program, to the extent the Utility has one, and procedures for enrollment pursuant to Chapter 317 of the Commission's rules;

g. the existence of the Utility's oxygen pump assistance program, to the extent the Utility has one and procedures for enrollment pursuant to Chapter 314 of the Commission's Rules;

h. a copy of the Customer's rights during the Winter Disconnection Period, pursuant to section 10(M)(7)(b);

i. the Customer's right to bring any unresolved disputes to CASD; and

j. CASD's toll-free consumer telephone number, as well as its mailing and email addresses.

The informational packet must be mailed to last known mailing address of the Customer.

M.Winter Disconnection of residential Customers and occupants

1.Customer Disconnection notices prohibited

A Utility may not send or deliver, orally, on paper, or electronically, to any residential Customer any notice or communication that provides for Disconnection of the Customer's Utility service on a specified date or within a specified interval of time during the Winter Disconnection Period.

2.Notice to Customers behind on their bills.

Utilities may issue notices to Customers who are behind on their bills during the Winter Disconnection Period of the need to contact the Utility to establish a Payment Arrangement or otherwise address the past due amount, provided these notices do not provide for the Disconnection of the Customer's Utility service on a specified date or within a specified interval of time during the Winter Disconnection Period. These notices must include a statement that the notice, similar to an actual Disconnection notice, can be used by the Customer to secure financial assistance.

3.Utilities seeking permission from CASD to disconnect service

In situations where a Utility plans to request permission from CASD to disconnect a Customer's service, during the Winter Disconnection Period, the Utility must first provide notice to the Customer that:

1) states the Customer has a past due amount and that the Customer should contact the Utility to make a Payment Arrangement;

2) states the Customer may be eligible for a "Special Payment Arrangement" during the Winter Disconnection Period that includes the option of paying less than the full amount of bills as they become due;

3) states failure to respond to the notice may result in the Utility seeking permission from CASD to disconnect the Customer's service; and

4) includes a prominent statement that the notice, similar to an actual Disconnection notice, can be used by a Customer to secure financial assistance; and

5) includes a prominent statement that Disconnection of a residential Customer's Utility service during the Winter Disconnection Period cannot take place without the advance permission of CASD, that the Customer will be notified of any request for such permission and that the Customer will have an opportunity to be heard by CASD.

4.Notice to Occupants where no individual has applied for Utility service

In situations where Utility service is being used but no person has applied for service, and the Utility plans to seek permission to disconnect the service during the Winter Disconnection Period, the Utility must first provide notice to the Occupant that:

1) states the Occupant needs to contact the Utility to apply for service;

2) states failure to respond to the notice may result in the Utility seeking permission to disconnect the Occupant's service from the CASD; and

3) includes a prominent statement that Disconnection of a residential occupant's service during the Winter Disconnection Period cannot take place without the advance permission of CASD, that the occupant will be notified of any request for such permission and that the Occupant will have the opportunity to be heard by the CASD. This notice must be provided to the occupant through a premise visit. If the Occupant is not home when the premise visit is made, the notice must be left on the door. Once this notice is provided to the Occupant, if the Occupant fails to respond to the notice, the Utility may seek permission to disconnect the Occupant's service pursuant to subsection 7 below.

5.Attempt at personal contact with residential Customer required prior to Disconnection

In situations where the Utility plans to disconnect a residential Customer, a representative from the Utility must attempt to make personal contact with the Customer in person or by telephone prior to seeking permission from CASD to disconnect the Customer's service. When attempting to contact by telephone, the Utility must make at least two attempts to contact the Customer. One telephone call attempt should be made before 5:00 p.m. and one after 5:00 p.m. If the Utility fails to make personal contact with the Customer by telephone, but reaches the Customer's voicemail, the Utility must leave the Customer a message stating that the Customer should contact the Utility as soon as possible to discuss the Customer's account. If the Utility attempts personal contact through a premise visit and is unsuccessful, the Utility must leave a written Notice of Customer Rights at the premises.

Upon making personal contact, whether initiated by the Utility or the Customer, the Utility representative must orally provide the Notice of Customer Rights as specified in Section 10(M)(9) and give the Customer all reasonable assistance to ensure his or her understanding of said rights. If the Utility is not able to make personal contact with the Customer, the Utility must then proceed in accordance with paragraph 6 below and attempt contact in the manner described therein; provided that, if the Utility fails to make such personal contact by April 15, the Utility is not required to proceed in accordance with paragraph 4 but may proceed in accordance with Section 10(L)(2).

6.Failure to make personal contact with Customer

a.Unoccupied premises. If the Utility is unable to make personal contact with the Customer after at least one visit to the residential unit and it appears reasonably certain from an on-site inspection that the unit is not inhabited, the Utility must provide a written Notice of Customer Rights by first class mail to the last recorded billing address of the Customer. This Notice must be accompanied by a warning that, if a response is not received within five business days of the postmark date, the service may be disconnected. If a response is received within five business days after the postmark date, the Utility must proceed in accordance with the requirements of Section 9(E). If no response has been received by the Utility within five business days after the postmark date, the service may be disconnected in accordance with Section 10 (B). If, following disconnection, the residential unit is found to be occupied, the Utility must immediately reconnect service and proceed in accordance with the requirements of Section 9(E)(5).

b.Potentially occupied premises. If the Utility is unable to make personal contact with the Customer after at least one visit to the residential unit and is uncertain after an on-site inspection whether the unit is inhabited, the Utility must provide a written Notice of Customer Rights by first class mail to the last recorded billing address of the Customer. This Notice must be accompanied by a warning that if a response is not received by the Utility within five business days, the Utility may seek permission to disconnect from CASD. If a response is received within five business days after the receipt date of the mailing, the Utility must proceed in accordance with the requirements of Section 9(E)(5). If no response has been received by the Utility within five business days after the receipt date of the mailing or the mailing is returned to the Utility undelivered, the Utility may seek permission to disconnect from CASD pursuant to paragraph 7.

7.CASD permission required to disconnect during Winter Disconnection Period

a. During the Winter Disconnection Period, a Utility may not disconnect any Customer or Occupant except in one of the following circumstances and only after it has received the authorization of CASD:

i. The Customer rejects the opportunity to make a Payment Arrangement, if applicable, or does not agree to the terms specified by CASD.

ii. The Customer fails to comply with the terms of a second or subsequent Special Payment Arrangement or the terms of any other Payment Arrangement, if applicable.

iii. The Utility and CASD are not able to make contact with the Customer or occupant as specified in Sections 10(M)(4) or 10(M)(5) above.

b. Any Utility seeking permission to disconnect a Customer must submit its request including all supporting reasons in writing and send or deliver a copy to the Customer or the Occupant. The request must include copies of the notice(s) sent to the Customer as required by Sections 10(M)(2) or 10(M)(4) above. CASD will render its decision as soon as possible, and if rendered orally, will be confirmed in writing. In making a decision with respect to such authorization, the CASD will consider the individual circumstances of the Customer, including the Customer's efforts with respect to communication and cooperation with the Utility and CASD, ability to pay, need for Utility service during the Winter Disconnection Period, and compliance with the provisions of previous Special and Regular Payment Arrangements and will also consider the Utility's compliance with the requirements of this subsection with respect to the Customer. In addition to granting permission to disconnect a Customer, CASD may also grant a Utility permission to cycle disconnect a Customer. In this situation, the Utility would be required to follow the requirements of Section 10(M)(8) below. In denying a request to disconnect, CASD may set the terms for a Payment Arrangement for the Customer.

8.Cycle Disconnections

In situations where a Utility is granted permission to cycle disconnect a Customer, the Utility must comply with the following standards:

a. Disconnection will not occur before 8:00 a.m. and reconnection will occur no later than 5:00 p.m.

b. Disconnection will not occur on weekends or holidays.

c. Disconnection will not occur on days when the temperature is not expected to reach 32 degrees Fahrenheit or on days when predicted weather conditions might make it difficult for the Utility to reconnect. The second limitation does not apply to utilities that can cycle disconnect without making a premise visit.

d. Cycle Disconnection will not occur when standard disconnection would be prohibited at the time due to a Medical Emergency under Section 11 of this Rule.

9.Notice of Customer Rights

a.Oral Notice of Customer Rights. "Oral Notice of Customer Rights" means an easily understood explanation of the Customer's rights and responsibilities under this subsection. An oral Notice of Customer Rights must include the following information:

i. Customers will be provided an opportunity to enter into a either a Regular Payment Arrangement or a Special Payment Arrangement. If the Utility and the Customer fail to agree on the terms of the either type of Payment Arrangement, the Utility must submit the matter to CASD. If the Customer fails to contact the Utility to make a Payment Arrangement or if the Customer fails to make payments according to the Payment Arrangement, the Customer can be disconnected if the Utility receives authorization from CASD.

ii. A general description of the Payment Arrangement options offered by the Utility.

b.Written Notice of Customer Rights. All electric and gas utilities must include a copy of the Notice of Customer Rights with the first bill rendered to a residential Customer after November 1. A copy of the Notice is included in this Rule as Attachment 1.

10.Copies of notices must be filed with CASD

Each Utility shall file with CASD a copy of all notices, bill inserts or additions, forms, and instructional materials which it develops and uses pursuant to this subsection. If the Utility makes substantive changes to these materials, it must provide copies of the revised materials to CASD.

65-407 C.M.R. ch. 815, § 10