Section 810-RICR-10-00-1.9 - Residential Payment PlansA. Availability of Residential Payment Plans1. Each gas and electric public utility shall make available to its residential customers for utility service provided at the customer's primary residence a payment plan which averages estimated utility costs over a ten-month or twelve-month period to eliminate, insofar as it is practicable, seasonal fluctuations in utility bills.2. In the event a rate change approved by the Public Utilities Commission becomes effective while a residential customer is enrolled in and in compliance with a payment plan, the effect of the rate change shall be included ratably over the remainder of the payment plan period. Included with the first adjusted bill, the utility shall provide notice to the customer explaining the reason for the change and showing a calculation of how the utility arrived at the new monthly payment.3. At the end of the ten-month or twelve-month period, if a residential customer chooses to renew a payment plan, any credit or balance due on the customer's account shall be rolled ratably into the monthly payments due by the customer in the customer's next payment plan. If a residential customer chooses to maintain an account with the public utility but chooses not to re-enroll at the conclusion of a ten-month or twelve-month payment plan, the customer will have the option of having any balance due be collected over a period of up to six months with a minimum payment of $25 per month. Any credit balance will be applied toward current usage until exhausted.4. The public utility shall inform all residential customers of the availability of such a payment plan at least twice annually, once in October and once, two months prior to the end of the utility termination moratorium period by means of a written statement which describes the payment plan and shall inform each customer who receives a termination notice in accord with § 1.5 of this Part of the availability of such a payment plan.5. The requirements of this § 1.9 of this Part shall not be mandatory with regard to seasonal customers, transient customers or to unpaid balances incurred by a residential customer at that customer's secondary or seasonal residence.B. Definitions The following terms are defined for purposes of § 1.9 of this Part:
1. "Estimated prospective annual utility cost" means a reasonable estimate of the household's cost of service over the next twelve months. A reasonable estimate shall be based on: a. The household's usage over the past twelve months in the same dwelling where they now reside. (1) If a twelve-month history as stated in § 1.9(B)(1)(a) of this Part is not possible, a projection based on the household's past use at the same dwelling where they now reside during at least one month between December and March and at least one month between April and October, orb. If estimates based on §§ 1.9(B)(1)(a) and 1.9(B)(1)(a)(1) of this Part are not possible, projections which take into account the usage of the prior occupant of the dwelling, the number of the customer's household members, the number of major appliances in the customer's home, the extent to which household members are at home and the use the household intends to make of the utility service.c. Customers can dispute the estimated prospective annual utility cost by requesting a review by the Division of Public Utilities and Carriers and can renegotiate their payment plan terms at any time based on a revised estimate of prospective annual utility costs. If the customer disputes the estimated prospective annual utility cost, the public utility shall upon request prepare a written statement which details the factors it considered in determining the estimate.2. "Termination of utility service, service is terminated" means: a. Disconnection or physical shutoff of utility service; orb. A visit to a customer's residence in which an employee of a utility makes personal contact with the customer or with a responsible adult found within said residence, and in which the employee is unable to gain admission for purposes of disconnection of service. In order for such a visit to qualify as a termination for purposes of § 1.9 of this Part, the utility must file with the Division an affidavit of one of its employees in the form approved by the Division (see § 1.21(C) of this Part (Form III) appended hereto) that states under oath that such a visit occurred but that access was denied. The affidavit must indicate that the employee identified himself or herself and indicated he or she was there to terminate service or, if the adult did not speak the same language as the utility employee, that the adult was provided with a multi-language utility service termination card.3. "Income schedule" means the frequency with which income is received by the customer. This includes, but is not limited to, weekly, bi-weekly, semi-monthly, monthly, or seasonal income. C. Effect of Residential Payment Plans While enrolled in a residential payment plan a residential customer's utility service may not be terminated unless the residential customer violates a rule of the public utility on file with the Public Utilities Commission or the Division of Public Utilities and Carriers, disconnection is necessary for reasons of health, safety, or state or national emergencies, or termination is ordered by the Public Utilities Commission.
810 R.I. Code R. 810-RICR-10-00-1.9