Section 3204 - Special rules for standards(a) Procedures for termination of gas serviceThe procedures for termination of service referred to in section 3203(b)(1) of this title are procedures prescribed by the State
regulatory authority (with respect to gas utilities for which it has ratemaking
authority) or the nonregulated gas utility which provide that-
(1) no gas service to a gas consumer may be terminated unless reasonable prior notice (including notice of rights and remedies) is given to such consumer and such consumer has a reasonable opportunity to dispute the reasons for such termination, and(2) during any period when termination of service to a gas consumer would be especially dangerous to health, as determined by the State regulatory authority (with respect to each gas utility for which it has ratemaking authority) or nonregulated gas utility, and such consumer establishes that-(A) he is unable to pay for such service in accordance with the requirements of the utility's billing, or(B) he is able to pay for such service but only in installments, such service may not be terminated.
Such procedures shall take into account the need to include reasonable provisions for elderly and handicapped consumers.
(b) Advertising(1) For purposes of this section and section 3203 of this title-(A) The term "advertising" means the commercial use, by a gas utility, of any media, including newspaper, printed matter, radio, and television, in order to transmit a message to a substantial number of members of the public or to such utility's gas consumers.(B) The term "political advertising" means any advertising for the purpose of influencing public opinion with respect to legislative, administrative, or electoral matters, or with respect to any controversial issue of public importance.(C) The term "promotional advertising" means any advertising for the purpose of encouraging any person to select or use the service or additional service of a gas utility or the selection or installation of any appliance or equipment designed to use such utility's service.(2) For purposes of this section and section 3203 of this title, the terms "political advertising" and "promotional advertising" do not include-(A) advertising which informs natural gas consumers how they can conserve natural gas or can reduce peak demand for natural gas,(B) advertising required by law or regulation, including advertising required under part 1 of title II of the National Energy Conservation Policy Act [ 42 U.S.C. 8211 et seq.],(C) advertising regarding service interruptions, safety measures, or emergency conditions,(D) advertising concerning employment opportunities with such utility,(E) advertising which promotes the use of energy efficient appliances, equipment or services, or(F) any explanation or justification of existing or proposed rate schedules, or notification of hearings thereon.Pub. L. 95-617, title III, §304, Nov. 9, 1978, 92 Stat. 3151.EDITORIAL NOTES
REFERENCES IN TEXTThe National Energy Conservation Policy Act, referred to in subsec. (b)(2)(B), is Pub. L. 95-619, Nov. 9, 1978, 92 Stat. 3208. Part 1 of title II of the National Energy Conservation Policy Act was classified generally to part A (§8211 et seq.) of subchapter II of chapter 91 of Title 42, The Public Health and Welfare, and was omitted from the Code pursuant to section 8229 of Title 42 which terminated authority under that part June 30, 1989. For complete classification of this Act to the Code, see Short Title note set out under section 8201 of Title 42 and Tables.
- State regulatory authority
- The term "State regulatory authority" means any State agency which has ratemaking authority with respect to the sale of natural gas by any gas utility (other than by such State agency).
- gas consumer
- The term "gas consumer" means any person, State agency, or Federal agency, to which natural gas is sold other than for purposes of resale.
- gas utility
- The term "gas utility" means any person, State agency, or Federal agency, engaged in the local distribution of natural gas, and the sale of natural gas to any ultimate consumer of natural gas.
- nonregulated gas utility
- The term "nonregulated gas utility" means any gas utility other than a State regulated gas utility.
- rate
- The term "rate" means any (A) price, rate, charge, or classification made, demanded, observed, or received with respect to sale of natural gas to a gas consumer, (B) any rule, regulation, or practice respecting any such rate, charge, or classification, and (C) any contract pertaining to the sale of natural gas to a gas consumer.
- ratemaking authority
- The term "ratemaking authority" means authority to fix, modify, approve, or disapprove rates.