810 R.I. Code R. 810-RICR-10-00-1.5

Current through December 3, 2024

Section 810-RICR-10-00-1.5 - Notice

A. Service shall not be terminated for nonpayment unless the customer has been sent written notice of the public utility's intention to disconnect, mailed so as to be received, under reasonable circumstances, at least ten (10) days in advance of the date of the proposed disconnection. Notice shall be mailed by the public utility to the address where bills or charges are usually sent. If service is provided at an address other than the billing address or to occupants at the billing address who do not live in the same residential unit as the customer, the public utility shall make reasonable effort to notify such users of the pending termination of service at least ten (10) days prior to termination. In addition to or in lieu of mailing notice to such occupants, the public utility shall attempt to notify such occupants by posting a notice of shutoff on the premises in a conspicuous place or by delivering notices of shutoff. During any notice period, the customer shall either pay the unpaid balance, make a reasonable effort to reach a mutually satisfactory settlement with the public utility, enroll in a residential payment plan or, if agreed to by the Public Utility and customer, institute another payment arrangement. Where disconnection is necessary for reasons of health, safety, or state or national emergencies, the public utility shall attempt to provide as much advance notice of the utility's intention to disconnect service as is reasonably possible under the circumstances.

B. Where service is provided to a residence and the account is in the name of one who does not reside in the residence, the public utility, prior to disconnecting service for nonpayment of a bill, shall afford the person or persons receiving service notice a reasonable opportunity to negotiate directly with the public utility and to purchase service in their own names.

C. The notice sent to the customer shall contain a direct and specific explanation, in easily legible, conspicuous print, of the following:

1. The particular ground upon which the proposed disconnection is based;

2. The public utility's intention to discontinue service unless the customer either pays the bill, reaches a mutually satisfactory settlement with the public utility or seeks review of the bill pursuant to these regulations;

3. The date on, or within a reasonable time after which, service will be disconnected if the customer does not take appropriate action;

4. The name and telephone number of the public utility's office or employee to whom the customer may address any inquiry or complaint;

5. The customer's right to submit the matter to: Reviewing Officer, Division of Public Utilities and Carriers, 89 Jefferson Boulevard, Warwick, RI 02888 Telephone - 780-9700, and a statement that service will not be disconnected pending proceedings before a reviewing officer appointed by the Administrator of the Division of Public Utilities and Carriers;

6. A statement that the customer should not submit the matter to the Division of Public Utilities and Carriers until he or she has first discussed the case with a representative of the public utility;

7. A statement that if there is a seriously ill resident in the home, disconnection will be postponed upon presentation of the doctor's certificate and subject to the conditions described in § 1.4(B) of this Part, above;

8. A statement that if any resident in the home is handicapped, and/or all residents of the home are elderly, disconnection may be averted in accordance with the safeguards and protections contained in § 1.4(K) of this Part upon the conditions described therein;

9. A statement that if any resident in the home is under two (2) years and the customer's service has not been previously shut off for nonpayment before the birth of the child, and there is a financial hardship, disconnection may be averted in accordance with the safeguards and protections described in § 1.4(L) of this Part, above.

10. A statement which informs the customer that he or she may be protected from disconnection during the period between 12:01 a.m. on November 1st and 11:59 p.m. on April 15th in accordance with § 1.4(F) of this Part and § 1.4(G) of this Part; and

11. A statement which informs the customer of his or her right to enroll in a residential payment plan as described in § 1.9 of this Part.

12. A statement that the State of Rhode Island, through the Low Income Heating and Assistance Program, provides eligible customers with public energy assistance aid. Customers who believe they may qualify for such assistance should contact their local Community Action Program.

D. Each utility shall include on all final notices of termination the statement in English, Spanish, Portuguese, and French and any other languages the utility deems appropriate, the following: "THIS IS A UTILITY SERVICE TERMINATION NOTICE. TRANSLATE IMMEDIATELY." and the appropriate symbol for termination as set out in § 1.22 of this Part (Appendix C).

E. The contents of the notice shall be limited to the matters described above and shall not, without authorization from the Division, include any other statements or items, provided, however, that where notice is given to an occupant who is not responsible for payment of the utility charges, the provisions of § 1.4(C) and § 1.4(E) of this Part shall not be applicable.

F. During the utility termination moratorium period, no public utility subject to these Rules and Regulations shall terminate service to a residential customer unless it has, at least forty-eight (48) hours (not including Saturday, Sunday or holidays) prior to said termination, filed with the Division an affidavit of one of its employees in the form approved by the Division (see Forms I, II and III in § 1.21 of this Part (Appendix B)), which states under oath the following:

1. That subsequent to expiration of the 10-day period set out in its shutoff notice (a copy of which shall be attached to the affidavit), the affiant has personally called at the customer's residence and has spoken directly with the customer or with an adult found within said residence, and that the affiant has advised the person to whom he has spoken that service will be terminated unless within forty-eight (48) hours the customer makes satisfactory arrangements with the public utility or follows the procedures for obtaining a review by the Division, that he has informed the person to whom he has spoken of procedures for obtaining such review, that in the affiant's opinion the person to whom the affiant spoke understood the communication, and that during his visit the affiant advised the person to whom he has spoken of the protections available under §§ 1.4(B) through (K) of this Part and neither observed nor was informed of any circumstances, including illness, which would make termination of service a violation of these Rules and Regulations. Or in the alternative,

2. That subsequent to the expiration of the 10-day period set out in the shutoff notice (a copy of which shall be attached to the affidavit) that the affiant has personally called at the residence of the customer on at least two (2) occasions, one of which was made on a weekday between 5:00 p.m. and 7:00 p.m. or on a Saturday between 9:00 a.m. and 5:00 p.m., that on each occasion the affiant was unable to gain admission or if admitted found no adult person at home, and that the affiant left a written notice containing the information set out above in a form approved by the Division (see Form II in § 1.21 of this Part (Appendix B)) prominently tacked or otherwise affixed to the front door of the customer's residence.

G. Nothing in § 1.5(F) of this Part shall be construed to supersede any of the requirements in § 1.4 of this Part above.

810 R.I. Code R. 810-RICR-10-00-1.5