Current through Register Vol. XLI, No. 50, December 13, 2024
Section 150-3-4 - Customer Relations4.1. Customer information. 4.1.1. Character of service -- A utility shall, upon request, when application is first made for electrical service, furnish to the applicant information regarding the character of service.4.1.1.a. Whether direct or alternating current is available.4.1.1.b. The voltage or voltages available.4.1.1.c. The frequency of the alternating current.4.1.1.d. Whether single or multi-phase lines are available.4.1.2. Explanation of rates -- It shall be the duty of the utility to explain to the customer, at the beginning of service, or whenever the customer shall request the utility to do so, the utility's rates applicable to the type of service furnished to the customer and all other classes of customers, and to assist the customer in obtaining the rate which is most advantageous to the customer's requirement for service. The responsibility for the selection, however, must rest with the applicant. In the event that the customer's use of service is later such that an applicable rate schedule, other than the one initially selected, proves to be more favorable, the responsibility for requesting a change in rate schedule, consistent with the provisions of the service agreement, shall rest with the customer. The utility shall, on its periodic statements, annually inform its customers that, if they so request, it shall supply the customers with a copy of the utility's rate or rates applicable to the type of service to be furnished to them and to all other classes of customers with a concise written explanation of the rates, and an identification of any classes of customer whose rates are not summarized.4.1.3. Selection of equipment -- When service is available only at certain times of the day or night, full information shall be given with respect thereto. Upon the request of any customer, reasonable assistance shall be given as to the selection of incandescent or other suitable types of lamps and appliances best adapted to the character of current furnished and most advantageous to said customer under the terms of the schedule of charges under which service is being furnished.4.1.4. Meter reading method -- The utility shall, upon request, inform its customers how meters are read.4.1.5. Posting of law, rates, rules and regulations. 4.1.5.a. Every utility shall provide in its business office, where it may be available to the public, the following:4.1.5.a.1. A copy of the rates, rules and regulations of the utility, and of forms of contracts and applications applicable to the territory served for that office.4.1.5.a.2. A copy of Chapter 24, Code of West Virginia.4.1.5.a.3. A copy of the Commission's Rules for the Government of Electric Utilities.4.1.5.b. A suitable placard in large type shall be placed in each business office of the utility giving information to customers that a copy of the law, the rules of the Public Service Commission and the schedules of rates are available for their inspection.4.1.6. Information as to service -- Each utility shall, upon request, give its customers such information and assistance as is reasonable, in order that customers may secure safe and efficient service.4.2. Customer deposits. 4.2.1. Security deposit -- A utility may require an applicant or customer to make a deposit as a guarantee of the payment for electricity used. Such deposit shall not be more than one-twelfth (1/12) of the annual estimated charge for residential service and one-sixth (1/6) for all other service to secure the utility from loss. The utility shall not be bound to supply electricity until this condition is fulfilled and it may cut off the supply if the guarantee is not given when required. 4.2.1.a. Refund of deposit -- After the customer has paid bills for service for twelve (12) consecutive months, without a delinquency, the utility shall promptly and automatically refund the deposit in its principal amount plus accrued interest. Utilities may, at their discretion, refund deposits after shorter periods of time. Calculation of the above twelve (12) month period shall commence from the first regular payment or following the payment of a delinquent bill or bills. The interest rate to be paid shall be determined as follows. The rate which utilities shall be required to pay shall be the average of the one-year United States Treasury Bill rates for October, November and December of the preceding calendar year. By January 15 of each year, Staff of the Commission shall make the necessary calculations and, file with the Commission its calculations. The Commission will issue an order setting the rate to be paid by the utilities until the next annual Commission order. The simple interest shall be paid at the date of discontinuance of service or at the end of the deposit period. The utility shall have a reasonable time to read and remove meters and to ascertain that the obligations of the customer have been fully performed before being required to return any deposit in the case where there has not been an automatic refund.4.2.1.b. Record of deposit -- Each utility holding a cash deposit shall keep a record showing: (i) the name and current address of each depositor;(ii) the amount and date of the deposit; and(iii) each transaction concerning the deposit.4.2.1.c. The receipt -- Concurrently with receiving a cash deposit, the utility shall deliver to the applicant for service or customer, a receipt showing: (ii) the name of the applicant or customer and the address of the premises served or to be served;(iii) the service furnished or to be furnished; and(iv) the amount of the deposit and the fact that interest will be paid on the deposit. Each utility shall provide automatic means to refund the deposit of a customer, when the customer is so entitled, if the original receipt cannot be produced. A receipt or proof of payment will not be necessary under the provisions for an automatic refund.4.2.1.d. Unclaimed deposits -- Should a utility have retained, through no fault of its own, deposits made by customers to whom service has been discontinued during any calendar year, it shall, on or before the first day of March, in each year, mail to the customer's last known address a check as refund of the deposit, plus accrued interest, or at the utility's option, publish a list of such depositors in a newspaper published and of general circulation in each of the counties in which it operates and in which the deposits were made, showing as of the thirty-first (31st) day of December immediately preceding, the amount of each such deposit, together with the interest due thereon, and notifying depositors listed therein that their deposits, together with accrued interest, are being held to their credit and will be returned upon request. The utility shall not be liable for any interest on such deposit after publication of such lists. (See W.Va. Code § 34-2-1). Deposits remaining in the hands of the utility upon completion of the foregoing procedure shall be considered derelict property and shall escheat to the State of West Virginia under the provisions of the Code of West Virginia, Chapter 34, Article 2.4.2.1.e. The Commission may, upon entry of a proper order, require any utility to segregate the customer deposits into a special account at a federally insured institution.4.2.1.f. All utilities that collect security deposits must do so in a non-discriminatory manner.4.2.1.g. Provided, however, that this rule shall not affect residential customer security deposits required by a utility prior to the passage of W. Va. Code § 24-3-8 on March 12, 1983.4.2.2. Guaranty agreement. 4.2.2.a. A utility may accept, in lieu of the cash deposit, a guaranty agreement signed by a financially responsible guarantor, whereby payment of a specified sum, not exceeding the cash deposit aforesaid, is guaranteed. The guarantor shall receive copies of disconnection notices sent to the customer whose account has been guaranteed: Provided, however, that the limitations herein fixed upon the terms of a guaranty agreement shall not apply to industrial customers.4.2.2.b. Guaranty agreements shall terminate after the customer has satisfactorily paid bills for service for twelve consecutive months, or when the customer gives notice to the utility of the discontinuance of service at the location covered by the guaranty agreement, or three months after discontinuance of service where no notice was given or at the guarantor's request upon thirty (30) days written notice to the utility. In any case, after the automatic termination of a security agreement, where experience indicates that a cash deposit or a new guaranty agreement is reasonably necessary to secure the utility from loss, a cash deposit or a new guaranty agreement may be required upon written notice to the customer.4.2.3. Application in case of receiver or trustee -- The aforesaid provisions shall apply in the case of a receiver or trustee, operating under court order a business requiring utility service.4.3. Billing information. 4.3.1. Bills rendered periodically shall show the reading of the kilowatt hour meter at the beginning and the end of the period for which the bill is rendered, the date of such reading and the amount of energy supplied during the period. At the utility's option, meters of residential and small commercial lighting customers may be read and bills computed in units of ten kilowatt hours. Units larger than ten kilowatt hours may be used in the case of larger commercial and industrial customers when required by the meter design or the use of instrument transformers.4.3.2. In the case of a demand rate the number of demand units used in billing shall be shown on the bill.4.3.3. Mechanical billing -- Utilities desiring to adopt mechanical billing of such nature as to render compliance with all of the terms of 4.3.a. impracticable, may make application to the Commission for relief from part of these terms. After consideration of the reasons given when asking for relief, the Commission may allow the omission of part of these requirements.4.3.4. Billing period -- Meters will be read as nearly as possible at regular intervals except as otherwise provided in the utility's tariff. Because of the incidence of weekends, holidays, and unusual conditions, it is recognized that there may be variations of several days in the period between meter readings. No adjustment will be required in billing when the deviation from the standard period is not more than five (5) days in the case of monthly billing, ten (10) days in the case of bi-monthly billing, and fifteen (15) days in the case of quarterly billing. When the deviation exceeds these limits, either for regular or periodic billing or for opening and closing bills, the energy blocks, demand charges, and minimum charges shall be prorated on the basis of the ratio of the number of days in the period in question to the number of days included in the standard period, which will be taken at thirty (30) days for monthly billing, sixty (60) days for bi-monthly billing, and ninety (90) days for quarterly billing.4.3.5. Delayed Payment Penalty -- Each bill shall bear upon its face the latest payment date and the date it will become delinquent if not paid. On all current usage billings not paid by the latest payment date, a delayed payment penalty or carrying charge as approved in the utility's tariff will be added to the net current amount unpaid. A delayed payment penalty is not interest and is to be collected only once for each bill where it is appropriate. This provision must be included in the utility's tariff filed with the Commission.4.4. Adjustment of bills. 4.4.1. Meter fast -- Whenever a meter in service is found upon periodic, request or complaint test, to be more than two percent (2%) fast, tests shall be made, as stipulated in Rule 6.4., to determine the average error of the meter. 4.4.1.a. Whenever a meter is found upon periodic, request or complaint test, to have an average error of registration of more than two percent (2%) fast the utility shall recalculate the monthly bills for a period equal to one-half of the time elapsed since the last test, but in no case shall this period exceed six (6) months. (See exception in Rule 4.4.4.). The method of recalculating the monthly bills shall be as shown in the following example: 4.4.1.a1A. A meter, upon test, was found to have an average accuracy of one hundred five percent (105%) or an error of five percent (5%) fast. The consumption registered for a billing period previous to test was one hundred five (105) K.W.H. The correct amount is determined by multiplying one hundred five (105) K.W.H. by one hundred (100) and dividing this product by one hundred five (105), (the average percent accuracy) which result is one hundred (100) K.W.H. and is the proper amount to be billed.4.4.1.b. After making such recalculations the utility shall refund to the customer the difference between the amount previously billed and the amount calculated as being the proper charge.4.4.2. Meter slow -- Non-residential customers. 4.4.2.a. When a meter upon periodic, request or complaint test, is found to have an average error of more than two percent (2%) slow, the utility may recalculate the monthly bills for a period equal to one-half of the time elapsed since the last test, but in no case to exceed six (6) months. The method for recalculating the monthly bills shall be as shown in the following example: 4.4.2.a.1. A meter, upon test, was found to have an average accuracy of ninety-five percent (95%) or an error of five percent (5%) slow. The consumption registered for a billing period previous to test was one hundred five (105) K.W.H. The correct amount is determined by multiplying one hundred five (105) K.W.H. by one hundred (100) and dividing this product by ninety-five (95), (the average percent accuracy) which result is 110.526 or one hundred eleven (111) K.W.H. and is the proper amount to be billed.4.4.2.b. After making such recalculations the utility may collect from the non-residential customer an amount, equal to the difference between the amount previously billed, and the amount calculated as being the proper charge.4.4.3. Percent error -- It shall be understood that when a meter is found to have an error in excess of two percent (2%) fast or slow, the figure for calculating the amount of refund or the amount to be collected by the utility, where applicable, shall be that percentage of error as determined by the test. It is the duty of the utility to maintain the accuracy of its measuring devices as near one hundred percent (100%) as it is commercially practicable. Therefore, percent error shall be that difference as between one hundred percent (100%) and percent accuracy as is indicated by a proper test.4.4.4. Refunds -- The burden of maintaining measuring equipment, so that it will register accurately, is upon the utility; therefore, if meters, other than single phase meters tested under a sampling procedure approved by the Commission, are found upon test to register fast, and if time for periodic test has overrun to the extent that one-half (1/2) of the time elapsed since the last previous test exceeds six (6) months, the refund shall be for the six (6) months, as specified in Rule 4.4.1.a., and in addition thereto, a like refund upon those months exceeding the periodic test period: Provided, however, that the Commission may relieve the utility from this requirement in any particular case in which it shown that the failure to make the periodic test was due to causes beyond the utility's control.4.4.5. Notification -- When a meter is tested and it is found necessary to make a refund or back bill a customer the customer shall be notified in substantially the following form: On______________, 2___, the meter bearing identifying No._______________ installed in your building, located at _________________, in ___________________was tested at ______________________________*(on premises or elsewhere) and found to register _____________________________________*(% fast or slow). The test was a ___________________ *(periodic - request - complaint) test. Based upon this test, we will ________________________ *(charge or credit) you the sum of $_______________, which amount has been noted ______________________________." *To be filled in by utility.4.4.6. Non-registering meter -- When a meter is found to be non-registering, the utility may recalculate the monthly bills for a period equal to the time period determined that the meter has been non-registering, but in no case to exceed three months. The recalculation shall be based upon a similar period of usage, temperature variations, changes in customer equipment and other pertinent information. A meter is non-registering if it registers less than 25% of Kwh used when tested. A utility shall retain a non-registering meter for a minimum of thirty (30) days following a Rule 4.4.5 notice.4.5. Complaints. 4.5.1. Investigation of complaints -- Each utility shall make a full and prompt investigation of all complaints made to it by its customers, either directly or through the Commission.4.5.2. Records of complaints -- The utility shall keep a record of all complaints received, which record shall show the name and address of the complainant, the date and character of the complaint, and the adjustment or disposal made thereof.4.5.3. Disposition of records -- A summary of each complaint showing the nature of the complaint, the results of the investigation, and the disposition of each complaint will be prepared and maintained for a minimum of twenty-four (24) months after the resolution of each complaint.4.6. Disputed bills -- In the event of a dispute between the customer and the utility respecting any bill, the utility shall make forthwith such investigation as shall be required by the particular case, and report the result thereof to the customer. In the event that the complaint is not adjusted, the utility shall, before service is discontinued, comply with the provisions of Rule 4.8.4.7. Customer discontinuance of service. 4.7.1. Any customer desiring to have its service discontinued shall give at least three (3) days' notice thereof to the utility, unless a longer or shorter period shall be incorporated in any standard or special contract mutually agreed upon. Until the utility shall have such notice, the customer may be held responsible for all service rendered.4.7.2. If service is disconnected at the request of the customer, the utility may refuse service to such customer, at the same premises within eight (8) months of such disconnection, unless it shall first receive payment of a reconnection charge as provided for in an effective tariff on file with the Commission.4.8. Utility discontinuance of service. 4.8.1. Definitions -- for the purposes of this rule, the following definitions shall apply: 4.8.1.a. Delinquent bill -- A bill becomes delinquent if not paid in full, within thirty (30) days of being rendered.4.8.1.b. Due bill -- A bill is due when rendered.4.8.1.c. Latest Payment Date -- The last day a customer can make payment on a bill to avoid a late payment penalty.4.8.1.d. Payment -- Payment is made by cash, check, electronic transfer, money order, voucher from Department of Health and Human Resources or from assistance agencies or faith organizations, or credit and debit cards (if accepted by the utility and any applicable charge paid by the customer). 4.8.1.d.1. A utility has discretion to disregard and return to a customer a personal check or electronic transfer intended as a payment of a delinquent bill if the customer has, within the past three (3) months, presented the utility with a check returned for insufficient funds or invalid account information. If a utility elects to disregard and return a personal check or electronic transfer to a customer, it must, within five (5) days of receiving the personal check or electronic transfer, mail the customer a written notice that the check was refused, state the reason for the refusal, and provide the customer with five (5) days to pay by other means prior to termination.4.8.1.e. Certified Health Condition or Seasonal Time Period -- For the purposes of this rule, the following circumstances shall be deemed to constitute a condition under which termination of service could be dangerous to the health or safety of a residential customer or a member of the residential customer's household. The existence of a Certified Health Condition or Seasonal Time Period described below in Rule 4.8.1.e.1. or Rule 4.8.1.e.2. increases the utility notice requirements as set forth in Rule 4.8.2.b.2.B., but does not prohibit disconnection except as provided in Rule 4.8.2.b.9.: 4.8.1.e.1. Written certification from a currently licensed physician, nurse practitioner or physician assistant that termination of service would be dangerous to the customer or a member of the customer's household for medical reasons (Certified Health Condition). Such certification must be received by the utility within ten (10) days after the customer informs the utility of those reasons, and must be renewed every thirty (30) days, starting from the date the certification is sent to the utility. If a licensed physician, nurse practitioner or physician assistant states to a reasonable degree of medical certainty that the condition is permanent, then certification need not be renewed.4.8.1.e.2. The time period from the first day of November through the last day of March (Seasonal Time Period).4.8.1.f. Personal contact -- Unless specifically provided otherwise in these rules, personal contact as referenced in Rule 4.8.1. may be made by: 4.8.1.f.1. A face-to-face meeting initiated by the utility or by the customer (Actual Personal Contact);4.8.1.f.2. A telephone call initiated by either the utility or the customer in which a live conversation occurs between the utility and an adult member of the household and that alerts the customer to possible service disconnection and provides a toll free call back number or call back number local for the customer's service address (Actual Telephone Contact);4.8.1.f.3. A telephone call that reaches a voice-mail or answering device and that alerts the customer to possible service disconnection and provides a toll free call back number or call back number local to the customer's service address. If an automated call is answered by a live person, the call must provide a means for the customer to speak with a customer service representative during the automated call, such as by pressing a button or speaking a demand. (Automated Telephone Contact); or4.8.1.f.4. An electronic message if the customer provided an email address, cell phone number or text messaging capability, or other means of electronic communication and indicated a preference for this category of contact. The electronic message must alert the customer to possible service disconnection and provides a toll free call back number or call back number local for the customer's service address (Electronic Communication Contact). An Electronic Communication Contact will be deemed successful unless the utility receives notice, or the utility's systems show, that the Electronic Communication Contact was not received by the customer.4.8.1.g. Any of the four methods above shall be deemed a successful personal contact attempt. An Actual Telephone Contact, an Automated Telephone Contact, or an Electronic Communication Contact may be used as an after-hours personal contact attempt.4.8.2. Grounds for discontinuance and procedure to be followed. 4.8.2.a. A utility may terminate service without notice when, absent such termination, a potentially dangerous condition with respect to the facilities of the utility or of the customer (Dangerous Facilities Condition) exists that could be hazardous to life or property. If a utility terminates service without notice: (i) it must keep a record of the potentially Dangerous Facilities Condition causing the termination and(ii) it should make a reasonable effort to notify the customer prior to termination and shall inform the customer of the steps that must be taken to have service restored.4.8.2.b. A utility may, after giving written notice and complying with personal contact requirements, discontinue service to any customer for non-payment of bills where any bill is delinquent, or for fraud, or violation of its rules on file with the Commission or failure to provide access to utility property located on the customer's premises, subject to the following conditions: 4.8.2.b.1. The written notice must comply with P.S.C. W.Va. Form No. 14-E and shall be sent first class mail, address correction requested, postmarked at least ten (10) days prior to the scheduled termination. A notice of discontinuance may not be mailed prior to the date the bill becomes delinquent.4.8.2.b.2. Personal Contact Notice. 4.8.2.b.2.A. No Certified Health Condition or outside Seasonal Time Period. In addition to written notice, if a Certified Health Condition does not exist or if the actual termination date falls outside of the Seasonal Time Period defined in Rule 4.8.1.e., the utility is required to make two attempts at personal contact as defined in Rule 4.8.1.f., unless it can be reasonably established that the premises are not permanently inhabited. The attempts must be made on two separate business days, with the last attempt occurring at least forty-eight (48) hours prior to the scheduled service termination. For any category of telephone contact, a call must be placed no earlier than 8 a.m. and no later than 9 p.m. and one of the telephone attempts must be made after 6 p.m.4.8.2.b.2.B. Certified Health Condition or within Seasonal Time Period. In addition to written notice, if a Certified Health Condition exists or if the termination date falls within the Seasonal Time Period as defined in Rule 4.8.1.e., the utility is required to make three attempts at personal contact as defined in Rule 4.8.1.f., unless it is reasonably established that the premises are not permanently inhabited. The attempts must be made on three separate business days, with the last attempt occurring at least forty-eight (48) hours prior to the scheduled service termination and in the case of any category of telephone contact, a call must be placed no earlier than 8 a.m. and no later than 9 p.m. and one of the telephone attempts must be made after 6 p.m. In addition, at least one of the attempts must be an on-site visit at the service location, unless the customer has threatened the safety of utility personnel as described in Rule 4.8.2.b.14.A.1. through 3. If one of the attempts is an on-site visit and the on-site visit fails to accomplish Actual Personal Contact, then the utility representative shall leave an appropriate written notice with relevant information on termination. If one of the first two attempts is successful, no subsequent attempt(s) is required. If all three attempts at personal contact are unsuccessful, the utility shall file a verified certification in compliance with Rule 4.8.2.b.14.4.8.2.b.3. The written notice shall become void if the utility has not discontinued service within thirty (30) days of the date indicated on the notice for termination. The thirty (30) day termination notice period shall be tolled, however, during the time that a customer meeting and utility decision are pending under Rule 4.8.2.b.5., or the time that a customer's dispute, informal complaint, formal complaint or request for assistance is pending with the Commission. If the dispute is not successfully resolved informally, the thirty-day period will resume on the seventh day following issuance of the utility's decision referenced in Rule 4.8.2.b.5., or the date the Commission closes the request for assistance or issues a final order in a formal complaint.4.8.2.b.4. If a customer fails to respond to a termination notice and the utility terminates service, the utility is not required to reconnect that customer unless the customer (i) pays up-front a minimum of one-half of the total delinquency or other amount ordered by the Commission, (ii) pays the deposit as provided in the utility tariff, and (iii) enters into a deferred payment agreement under which the remaining balance of the unpaid bills, plus a two (2) percent service fee on the remaining balance, is paid over six months. In addition, the customer must either pay the reconnection fee provided in the utility tariff or in Rule 4.8.3., or, at the customer's election, the utility will incorporate the applicable reconnection fee into the amount to be paid pursuant to the deferred payment agreement.4.8.2.b.5. If, prior to termination of service, the customer contacts the utility or the utility makes Actual Personal Contact or Actual Telephone Contact with the customer, the utility must inform the customer that if the customer (i) disputes any portion of a bill, (ii) is being charged for service not rendered, (iii) believes that any information resulting in the utility's decision to terminate is erroneous, or (iv) in the case of a residential customer, the customer wishes to negotiate a deferred payment agreement, then the utility will provide an opportunity to the customer for a meeting to present the customer's dispute to a designated employee, who is empowered to resolve the dispute and/or negotiate a deferred payment agreement. The customer shall have the option of an in-person meeting with the designated employee, which shall take place at the business office nearest to the customer's residence or place of work, or a meeting by telephone conference. The utility shall provide the customer with written notice of its decision and the written notice shall advise the customer that the customer may object to the utility decision by requesting assistance from, or filing a formal complaint with, the Commission. Formal complaints are processed pursuant to the Commission Rules of Practice and Procedure, 150 C.S.R. 1. 4.8.2.b.5.A. The utility may not terminate service while any of the following is pending: (i) a customer/utility meeting described in Rule 4.8.2.b.5.,(ii) a written utility decision following a customer/utility meeting, and during the seven (7) days after issuance of the utility decision,(iii) a request for assistance to the Public Service Commission, and during the seven (7) days after the Commission closes a request for assistance, or(iv) a formal complaint before the Commission and for seven (7) days after issuance of a final order unless the Commission orders otherwise. During the pendency of negotiations with the utility or any process before the Commission, the customer must pay the current bill for service rendered after the utility mailed the P.S.C. W.Va. Form No. 14-E, to avoid termination. If the customer is negotiating a disputed bill, the customer must pay the amount not in dispute plus bills for current service.4.8.2.b.6. Deferred Payment Agreement. 4.8.2.b.6.A. If a residential customer wishes to negotiate a deferred payment agreement, the designated employee shall offer the customer a standard deferred payment agreement.4.8.2.b.6.B. A standard deferred payment agreement will include a service fee equal to two percent (2%) of the delinquency and a pay-off amount consisting of the delinquency balance and the service fee, in twelve monthly payments. For example, a delinquency balance of $1,176.47, would be assessed a service fee of two percent or $23.53, for a total pay-off amount of $1,200, resulting in twelve monthly payments of $100 in addition to current bills. If a residential customer desires a payment period that is shorter than twelve (12) months, the utility shall accept the shorter term. A utility may elect to use a standard deferred payment agreement that does not include a two percent (2%) service fee provided it offers the same no-service-fee plan to all residential customers in a tariff provision.4.8.2.b.6.C. If a residential customer believes that the customer cannot afford the monthly payments required under a standard deferred payment agreement, then the utility and the customer may negotiate a non-standard deferred payment agreement. In negotiating the non-standard deferred payment agreement, the parties will take into consideration factors including, but not limited to: amount of the bill; ability of the customer to pay; payment history; length of time that the debt has been outstanding; reasons why the debt has been outstanding; and any other relevant factors.4.8.2.b.6.D. Every deferred payment agreement with a residential customer shall include language stating that the utility has informed the customer of the right to request assistance or file a formal complaint with the Commission regarding the reasonableness of the proposed payments.4.8.2.b.6.E. A residential customer, who requests to negotiate a non-standard deferred payment agreement because of the customer's financial circumstances, may request assistance or file a formal complaint if the utility does not agree to the terms for the non-standard deferred payment agreement.4.8.2.b.6.F. If negotiations for a non-standard deferred payment agreement with the utility or pursuant to a request for assistance fail, then the customer shall have seven (7) days from the date that negotiations end to elect to enter into a standard deferred payment agreement. If the customer does not elect the standard deferred payment agreement before the expiration of the seven (7) days, then the utility may terminate service without further notice.4.8.2.b.6.G. After a deferred payment agreement has been established, if the customer's financial condition significantly changes and the existing deferred payment agreement works a hardship, the utility shall renegotiate the deferred payment agreement. During the renegotiation period, the customer must timely pay the current bill and make some payment on the arrearage. The utility shall not be required to renegotiate a deferred payment agreement due to a significant change in financial circumstances more than once.4.8.2.b.6.H. If a customer fails to make a payment required by a deferred payment agreement, the utility may terminate service only after it has mailed written notice to the customer by first class mail, postmarked at least five (5) calendar days, excluding postal holidays, prior to termination; provided, that at the option of the utility, either Actual Personal Contact, Actual Telephone Contact, Automated Telephone Contact or Electronic Communications Contact may be substituted for contact by first class mail. If the customer makes the delinquent payment before the end of the fifth calendar day following any notice listed above, service shall not be terminated.4.8.2.b.6.I. A utility that terminates a customer for failure to comply with a deferred payment agreement is not required to reconnect that customer unless the customer (i) pays up-front a minimum of one-half of the total delinquency or other amount ordered by the Commission, (ii) pays the deposit as provided in the utility tariff, and (iii) enters into a new deferred payment agreement under which the remaining balance of the prior deferred payment agreement will be paid over six (6) months. In addition, the customer must either pay the reconnection fee provided in the utility tariff or in Rule 4.8.3., or, at the customer's election, the utility will incorporate the applicable reconnection fee into the amount to be paid pursuant to the deferred payment agreement. The utility may charge an additional one (1) percent service fee on the balance being deferred by the new deferred payment agreement. If a customer's electric service has been terminated two (2) times in a twelve (12)-month period for failure to comply with a deferred payment agreement the utility has no obligation to offer a deferred payment agreement to that customer until the delinquency has been paid in full.4.8.2.b.7. If a customer fails to make a payment as ordered by the Commission in an interim relief order, the utility may terminate service only after it has mailed written notice to the customer by first class mail, postmarked at least five (5) calendar days, excluding postal holidays, prior to termination; provided, that at the option of the utility, Actual Personal Contact, Actual Telephone Contact, Automated Telephone Contact or Electronic Communications Contact may be substituted for contact by first class mail. If the customer makes the delinquent payment before the end of the fifth calendar day following any notice listed above, service shall not be terminated.4.8.2.b.8. If a residential customer, or the customer's agent, has requested that the utility contact a relative or responsible third party prior to any termination or other material action on the account, the utility shall provide all written notices regarding termination to both the customer and the designated relative or responsible third party. The utility shall provide the required personal contact notice to the designated relative or responsible third party. The utility may, but is not required to, provide personal contact notice to the customer.4.8.2.b.9. Service shall not be discontinued on a day: 4.8.2.b.9.A. on which the utility or its designated agent is unable to accept payment and to negotiate a deferred payment agreement;4.8.2.b.9.B. preceding a day on which the utility or its designated agent is unable to accept payment and to negotiate a deferred payment agreement;4.8.2.b.9.C. that the National Weather Service predicts the temperature to be thirty-two (32) degrees or colder at or near the customer's service location.4.8.2.b.9.D. that is a Friday, Saturday, Sunday or legal holiday.4.8.2.b.10. Service shall not be discontinued earlier than 8:00 a.m. or later than 4:00 p.m.4.8.2.b.11. Service shall be reinstated as soon as possible and no more than eight (8) hours after receipt of payment, unless the customer has elected a later reconnection time to avoid a higher reconnection fee.4.8.2.b.12. The utility may, but is not required to accept payment at the customer's premises in lieu of discontinuing service. The utility must suspend the disconnection process if the customer shows proof of payment. If the utility suspends disconnection because the customer shows proof of payment and that payment is later dishonored by the customer's bank, the utility may resume the disconnection process only after it has mailed written notice to the customer by first class mail, postmarked at least five (5) calendar days, excluding postal holidays, prior to termination; provided, that at the option of the utility, either Actual Personal Contact, Actual Telephone Contact, Automated Telephone Contact or Electronic Communications Contact may be substituted for contact by first class mail. If the customer makes the required payment before the end of the fifth calendar day following any notice listed above, service shall not be terminated.4.8.2.b.13. If the customer of record responsible for payment of a utility bill is: (i) a landlord of a master metered apartment building, motel, hotel, or other multiple unit dwelling, or(ii) a third party who is a non-resident of the single service location, then written notice of termination, using Form 14-ME, shall be posted at least five (5) days prior to the scheduled termination. The notice for a master metered multiple unit dwelling shall be placed in a conspicuous common area at a location readily available for public inspection. Whenever possible, copies shall also be posted on the main doors of each dwelling in the facility. The notice for single unit dwellings occupied by third parties shall be placed on the main door of the dwelling.4.8.2.b.14. If after making three (3) attempts at personal contact with a residential customer in conformance with Rule 4.8.2.b.2.B., the utility is unable to make Actual Personal Contact, Actual Telephone Contact, Automated Telephone Contact or Electronic Communications Contact, the utility is required to file a verified certification with the Commission within five (5) business days of termination of utility service: 4.8.2.b.14.A. certifying the utility attempted to make personal contact as required by these Rules, including making a premises visit, or if no premises visit is made, certifying that the customer or member of the household: 4.8.2.b.14.A.1. has been verbally or physically aggressive or abusive to employees;4.8.2.b.14.A.2. has threatened employees with vicious animals, or4.8.2.b.14.A.3. has brandished or made reference to weapons;4.8.2.b.14.B. indicating whether a Certified Health Condition or Seasonal Time Period gave rise to the requirement to make three attempts at personal contact;4.8.2.b.14.C. certifying the date utility service was terminated.4.8.2.b.14.D. certifying that the termination was in compliance with these Rules, including Rule 4.8.2.b.9.4.8.2.b.15. A bill which has been found to be contractually uncollectible by a court of competent jurisdiction or could reasonably be found to be uncollectible by reason of the statute of limitations shall not be used by a utility to deny or discontinue service.4.8.3. Charge for reconnection -- Whenever utility service is terminated pursuant to Rule 4.8.2. above, the utility may make a charge of five dollars ($5.00) for reconnection of service, unless otherwise provided in an effective tariff on file with the Commission. If the customer and the utility enter into a deferred payment agreement, the customer must pay the reconnection fee provided in the utility tariff, the five dollars ($5.00), or, at the customer's election, the utility will incorporate the applicable reconnection fee into the amount to be paid pursuant to the deferred payment agreement.4.8.4. The utility shall not refuse, deny, or discontinue service to an applicant or present customer due to a delinquency in payment for service by a previous occupant of the premises to be served unless such applicant or present customer and such previous occupant are members of the same household and were members of the same household at the time the delinquent bill was incurred.4.8.5. The Commission may waive the application of any provision of this rule if it is demonstrated that the operation of any such provision will result in an undue hardship to the utility or the customer. This provision is to be invoked only in exceptional cases and shall not be used to attempt to gain a general waiver of the application of the entire rule by either the utility company or the customer.4.9. Refusal to serve applicant. 4.9.1. Non-compliance with rules and regulations -- Any utility may decline to serve an applicant until he has complied with the State and Municipal regulations governing electric service and the approved rules and regulations of the utility.4.9.2. Applicant's facilities inadequate -- The utility may decline to serve an applicant if, in its judgment, the applicant's installation of wiring or electrical energy consuming equipment is regarded as hazardous or of such character that satisfactory service cannot be given; however, in no event shall the utility be under any obligation to inspect the wiring or appliances of the customer.4.9.3. Applicant's recourse -- In the event that the utility shall refuse to serve an applicant under the provisions of this rule, or any other rule incorporated herein, the utility must inform the applicant of the basis of its refusal, and that the applicant may appeal to the Commission for decision.4.10. Change in character of service -- Prior to making any substantial change in the character of service furnished to any customer, which would affect the efficiency of operation, adjustment, or speed of the equipment or appliances of any customer, the utility shall notify any customer who may be affected. No change in the character of service being rendered may be made, on account of which an expense may be incurred by an existing customer, unless an agreement is secured from such customer and the customer has been given an explanation or documentation of how the costs may be incurred and allotted.4.11. Access to property. 4.11.1. The utility shall at all reasonable times have access to meters, service connections and other property owned by it on customer's premises, for the purpose of maintenance and operation. Neglect or refusal on the part of customers to provide the utility reasonable access to its meters, service connections, and other property for the above purposes shall be deemed to be sufficient cause for discontinuance of service on the part of the utility.4.11.2. Identification of employees -- Every employee, whose duties regularly require him to enter the homes of customers shall wear a distinguishing uniform or insignia, and shall carry on his person an identification card, which will identify him as an employee of the utility. The identification card shall contain a photograph of the employee and the telephone number of the utility as well as other pertinent information necessary to identify the employee. All other employees, whose duties require occasional entry into the homes or premises of customers shall carry an identification card containing the information herein required.4.12. Service interruptions. 4.12.1. Record -- Each utility shall keep a record of Sustained Interruptions of service. These records shall include: the date and time of the interruption, the duration of the interruption, the number of customers interrupted, the substation identifier, and the line or feeder identifier. Records of Major Events shall also be maintained. Utilities shall maintain such records for a minimum of five years.4.12.2. Notice required -- Insofar as is practical, every customer affected shall be notified in advance of any planned work which will result in interruption of service expected to last two (2) hours or longer, but such notice shall not be required in case of interruption due to emergencies, accidents, acts of God, public enemies, or strikes, which are beyond the control of the utility.4.13. Sale of electric energy -- No utility shall sell electric energy to any customer except at the rates shown in the tariff or contract of the company filed with the Commission for the class of service furnished.4.14. Resale of electric energy -- Electric energy shall not be furnished by a public utility to any customer for resale, unless the customer is engaged in the business of distributing electric energy as a public utility.4.15. Residential conservation service program. 4.15.1. A public utility subject to the jurisdiction of this Commission and to which Part 1, Title II of the National Energy Conservation Policy Act ( Pub. L. 95-619, 92 Stat. 3206 et seq.), as amended by the Energy Security Act ( Pub. L. 96-294, 94 Stat. 611 et seq.) (hereinafter NECPA), if applicable may recover reasonable costs associated with the implementation of the utility program under NECPA in the following manner: 4.15.1.a. All amounts expended by a public utility for providing information under subsection (a), Section 215 of NECPA are to be treated as a current expense of providing utility service and charged to all ratepayers of such utility in the same manner as current operating expenses of providing utility service.4.15.1.b. All amounts expended by a public utility to carry out subsection (b), Section 215 of NECPA, by conducting or causing to be conducted a Class A Energy audit, for a particular residential customer may be recovered directly from the residential customer for whom the activities are performed: Provided, That the amount recovered from said residential customer for whom the Class A Energy audit described in subsection (b) is performed shall not exceed a total of fifteen dollars ($15.00) per dwelling unit or the actual cost of such activities, whichever is less.4.15.1.c. All amounts expended by a public utility to carry out subsection (b), Section 215 of NECPA, including a Class B Energy audit, which are not recovered directly from the residential customer for whom a Class B Energy audit or the activities described in said subsection (b) are performed, and all administrative and general costs incurred by a public utility in carrying out a utility program under NECPA, including Class B Energy audits, may be recovered by the utility as a current expense of providing utility service and charged to all ratepayers of such utility in the same manner as current operating expenses of providing utility service.4.15.1.d. All amounts expended by a public utility for labor and materials for the purchase or installation of any residential energy conservation measure under Section 215 of NECPA shall be recovered from the residential customer for whom such purchase or installation is performed.4.16. Reduced rates for low income residential customers. 4.16.1. Tariff filings. 4.16.1.a. Within fifteen (15) days of the adoption of this rule, every public utility, other than a municipality or cooperative electric utility, which provides electric service to residential customers within the State of West Virginia subject to regulation by the Commission shall submit new tariff sheets, or an amendment or rider to its existing tariff sheets, to the Commission for its approval. Each utility's new tariff sheets, or amendments or rider to existing tariff sheets, shall contain a new Special Reduced Rate Residential Service rate schedule ("SRRRS rate schedule"), or Special Reduced Rate Residential Service amendment or rider ("SRRRS amendment or rider"), applicable to electric service provided during the billing months of December, January, February, March, and April to residential customers who qualify for special reduced rates under the provisions of W. Va. Code § 24-2A-1: Provided, however, That a public utility shall not be required to file new tariff sheets under this rule if the utility has submitted new tariff sheets, or an amendment or rider to its existing tariff sheets since April 4, 1984, which contain new Special Reduced Rate Residential Service rate applicable to the billing months of December, January, February, March and April, and said tariffs have been approved by the Commission and are consistent with provisions of this rule.4.16.1.b. The rate(s) charged for service under each SRRRS rate schedule, or amendment or rider, of a utility shall be twenty percent (20%) less than the rate(s) charged for the same service under that utility's standard residential rates. This twenty percent (20%) discount shall apply to customer charges, minimum charges, usage charges, and any charges based on usage during the specified billing month(s) for which customers are eligible to receive the special reduced rates. If a customer is eligible to receive service under an SRRRS rate schedule and the customer is paying bills in accordance with the utility's budget payment plan, the customer shall be credited during any billing month for which the customer is eligible for the special reduced rates with the twenty percent (20%) discount based on the customer's actual usage during that billing month, regardless of the amount of the customer's budget payment plan bill.4.16.1.c. The terms and conditions of service under each SRRRS rate schedule, or amendment or rider, offered by a utility shall comply with all relevant requirements and conditions set forth in W. Va. Code § 24-2A-1, insofar as such requirements and conditions are applicable, and shall conform in all other respects to the terms and conditions under the utility's standard residential rate schedule.4.161.d. Each utility required to offer special reduced rates under W. Va. Code § 24-2A-1 shall maintain tariff sheets, or amendments or riders to existing tariffs, which contain Commission-approved SRRRS rate schedules, amendments or riders. No modification may be made to such tariffs, amendments or riders without prior Commission consent.4.16.2. Utility's responsibility upon application for special reduced rate -- Each utility offering special reduced rates shall accept applications for service under such rates from: 4.16.2.a. any current customer, and4.16.2.b. any person who subsequently becomes a customer in his/her own right who makes such application in accordance with rules adopted by the West Virginia Department of Human Services pursuant to W. Va. Code § 24-2A-1(b). However, if an SSI, AFDC, AFDC-U or food stamp recipient is living in a household which is served under the name of a person living in that household who is not an SSI, AFDC, AFDC-U or food stamp recipient, that service may not be changed subsequent to March 12, 1983, to the name of the SSI, AFDC, AFDC-U or food stamp recipient in order to qualify for service under the special reduced rates: Provided, That nothing in this section shall cause a utility to deny extension of special reduced rates to any customer on the basis that the customer is not a recipient of aid under any eligible program when said customer is: 4.16.2.b.1. A member of the support group or payment group receiving aid under AFDC or AFDC-U, as determined by the Department of Human Services; or4.16.2.b.2. A member of the support group or payment group receiving food stamps, as determined by the Department of Human Services, and is over sixty (60) years of age; or4.16.2.b.3. The spouse of a person who is over sixty (60) years of age and a recipient of food stamps; or4.16.2.b.4. The spouse of a person who receives Social Security Supplemental Security Income (SSI), or4.16.2.b.5. Otherwise determined to be eligible to receive such special reduced rates.4.16.2.c. For the purpose of applying special reduced rates under W. Va. Code §§ 24-2A-1, et seq., a person shall be determined to be a customer of a utility if the person is a member of a household receiving electric service and such service is provided in that person's name. However, if the person in whose name electric service is provided is verified to no longer be a member of the household for reasons which include death or divorce, the customer shall be determined to be any person residing in the household receiving electric service who could be held to be legally accountable or is considered by the utility to be responsible for all or a portion of the utility bill. Verification that the person in whose name service is provided is no longer a member of the household shall be provided by presentation of a death certificate, divorce papers or other reliable documentation or by verification from the Department of Human Services.4.16.2.d. Each utility offering special reduced rates shall maintain documentation regarding the resolution of individual applications for special reduced rates. The information contained in said records shall include names, addresses or other information which adequately identifies the applicant, the date on which the individual application was tendered to the utility, and the utility's determination with respect to the application.4.16.2.e. After any period (including a period during which special reduced rates are not in effect) during which a customer does not receive service under an SRRRS rate schedule, or amendment or rider, that customer must reapply in order to receive service under such a rate schedule, or amendment or rider.4.16.3. Provision of service under special reduced rate.4.16.3.a. In determining whether an applicant is eligible to receive special reduced rates, a utility is entitled to rely on the information which is provided to it directly or indirectly by the West Virginia Department of Human Services.4.16.3.b. Each utility offering special reduced rates shall use due diligence to reflect charges thereunder on the bills it renders to customers entitled to service under such rates. However, no utility shall be required to alter the timing of its meter-reading or billing schedules, but may make adjustment to subsequent bills to correct billing errors or to reflect the effects of a customer beginning, continuing, or ceasing to be entitled to receive service under the special reduced rates.4.16.4. Certification of deficiency -- Once a year, beginning in the year 1984, each utility offering special reduced rates may make application to the Commission for a determination and certification of the revenue deficiency which it has experienced as a result of offering service under the special reduced rates instead of under the utility's standard residential rates. Each such application should contain sufficient information to enable the Commission to determine the revenue deficiency experienced by the utility making the application. This information shall include a comprehensive monthly report of the utility's disposition of the applications received and the resulting revenue deficiency for each month by completion of attached PSC WVA Form 214.6A and a summary report for the entire certification period by completion of attached PSC WVA Form 214.6. All information submitted for determination and certification of a utility's revenue deficiency shall be verified by the utility to be true and accurate to the best of its knowledge and information. Each determination and certification of a revenue deficiency shall be issued in the form of a final order.4.16.5. Notice to customers. 4.16.5.a. It shall be the responsibility of the utilities to adopt policies for providing notice to their customers of the availability of and advantages of the discount program.4.16.5.b. The utilities shall be required to provide notice to their customers at least once each fall prior to the winter heating season, concerning the availability of the discount program.4.16.5.c. The notice shall state in bold face type that the customer must reapply each year to obtain the discount program benefit.4.17. Notice to landowners of right-of-way clearing activity. 4.17.1. Authority -- The provisions of Rule 4.17. are promulgated under the authority and requirements of W. Va. Code § 61-3-48. These provisions do not apply to the aerial application of herbicides.4.17.2. Definitions -- As used in Rule 4.17., the term: 4.17.2.a. "Written permission" means the permission of a landowner to a public utility to perform right-of-way clearing or maintenance pursuant to a contract with the landowner or his or her predecessor in title, such as an easement, franchise, permit, or by other operation of law.4.17.2.b. "Right-of-way clearing or maintenance" means to cut down, trim, and/or otherwise control, or to cause to be cut down, trimmed, and otherwise controlled trees and other vegetation.4.17.2.c. "Routine" means planned or scheduled in the normal course of operation.4.17.2.d. "Sudden emergency" means a condition endangering persons or property of a landowner, an occupant of land, a public utility or the general public, as well as a condition endangering the provision of utility service.4.17.2.e. "Reasonable notice" means: 4.17.2.e.1. In the case of routine right-of-way clearing or maintenance, personal contact with the owner of the property on which such clearing or maintenance is to be performed: Provided, That should such personal contact not be possible due to lack of structures for habitation on the property or unavailability, those properties shall be included in a Class I legal advertisement in a newspaper of general circulation in the county to be affected by the clearing or maintenance; or4.17.2.e.2. In the case of right-of-way clearing or maintenance resulting from a sudden emergency, the utility shall issue a news release. After the sudden emergency is over and the necessary clearing is complete, the utility shall publish the notice regarding the properties in a Class I legal advertisement in a newspaper of general circulation in the county where the property is located.4.17.2.f. "Personal contact" means, at least seven (7) business days prior to the scheduled-clearing or maintenance, an attempt will be made to contact the property owner or tenant by telephone or in person. Should the attempt be unsuccessful, a door hanger or similar type of written notice will be left at the residence which contains the information detailed in Rule 4.17.3. A second personal contact attempt will be made prior to the start of work. Should contact made be with a tenant, the utility shall either actually contact the owner before beginning work or publish the notice regarding the property as discussed in Rule 4.17.2.e.1.4.17.3. Notice in case of written permission -- If an employee, agent or contractor of a public utility has written permission to perform right-of-way clearing or maintenance, the employee, agent or contractor shall provide the landowner with reasonable notice which shall include: 4.17.3.a. A description of the area(s) in which the right-of-way clearing or maintenance is performed;4.17.3.b. An approximate schedule of work;4.17.3.c. A description of the type(s) of work to be performed, including but not limited to tree trimming, tree removal, brush cutting, herbicide application, growth regulation, slash disposition;4.17.3.d. A general description of clearances required or rights-of-way widths to be maintained; and4.17.3.e. The name and telephone number of a contact person at the utility.4.18. Registry of electric customers on life support, notification prior to scheduled outages, and priority of service restoration. 4.18.1. Each utility shall establish and maintain a registry of persons within their service areas that are dependent upon life support systems which require electric service to function.4.18.2. The registry will be updated by the utility at least every six months.4.18.3. Each utility shall inform all new customers of the registry and its purpose.4.18.4. Each utility will provide a reasonable notice of planned power outages to each affected residence or customer on the registry.4.18.5. To the extent practical given the scope and nature of a power outage, each utility shall organize service restoration to give priority to customers listed on the registry.4.18.6. For purposes of this rule, the term "life support system" means a kidney dialysis machine, mechanical ventilation device or other medical device, the use of which is prescribed by a licensed physician and upon the request of the patient, is certified by the physician in writing to the electric utility as necessary to sustain critical body functions and without which a person is in imminent risk of death.