N.H. Admin. Code § En 1203.15

Current through Register No. 50, December 12, 2024

Section En 1203.15 - Denial of Service

(a) If the relevant statute of limitations has not yet run, a utility may deny new service to any applicant due to an outstanding arrearage with that particular utility for prior service.

(b) If the relevant statute of limitations has run, a utility may deny new service to any applicant due to an outstanding arrearage with that particular utility for prior service if the utility has pursued recovery of the debt through the court system.

(c) A utility shall not deny new residential utility service to any applicant with whom either:

(1) A reasonable payment arrangement can be made under En 1203.07; or

(2) The utility has a current payment arrangement under En 1203.07.

(d) In order to prevent the practice of name-swapping, a utility may deny new utility service to any applicant due to an outstanding arrearage with that particular utility for prior service furnished in the name of a person other than the applicant as follows:

(1) For residential service, the utility may deny new utility service when the following statements are true about the applicant and the above-mentioned person other than the applicant in whose name prior service was furnished:

a. They resided together at the address where the arrearage was incurred;

b. They both received the benefit of the utility service;

c. They both will benefit from the applied for utility service; and

d. The applicant refuses to enter into a reasonable payment arrangement pursuant to En 1203.07 for an outstanding arrearage for which the applicant is responsible pursuant to this section; and

(2) For non-residential service, the utility may deny new utility service when the following statements are true about the applicant and the above-mentioned person other than the applicant in whose name prior service was furnished:

a. They were principals of a business at the address where the arrearage was incurred or the same business continues to operate at that address and there is no evidence of a change in majority ownership or effective control of that operating business;

b. They both received the benefit of the utility service; and

c. They both will benefit from the applied for utility service.

(e) The utility shall provide the applicant described in (d)(1) with the toll-free telephone number of the department's consumer division if the applicant disputes the transfer of responsibility for the outstanding arrearage.

(f) Utilities shall maintain records showing the annual number of and reasons for denials of applications for service.

N.H. Admin. Code § En 1203.15

Derived from Number 24, Filed June 13, 2024, Proposed by #13986, Effective 5/30/2024, Expires5/30/2034 (see Revision Note at chapter heading for En 1200).