26 Del. Admin. Code § 2001-6.0 - Customer Relations

6.1 Application For Service

All applications for service should be made, in writing, for the protection of the utility and the customer. It is the position of the Commission that, to the maximum extent possible, the customer should be the individual or entity responsible for payment for such service, therefore, service shall not be refused on the basis that the applicant is not the owner of the premises.

6.1.1 Termination of Service. When a customer desires to have his service terminated or suspended, he shall notify the utility and such notification should be in writing.

6.1.2 Rate Schedules. Each utility shall assist the customer or applicant in selecting the most economical rate schedule.

6.1.3 Customer Notification. Customers affected by a change in rates or service schedule classification shall be notified by the utility, as provided by 26 Del.C. § 304.

6.1.4 Tariff Notice. Each utility shall keep in each office of the utility where applications are received, a copy of its currently approved tariff available for public inspection at any reasonable time.

6.1.5 Meter Reading. Every customer served by a water utility shall be informed of the method of meter reading.

6.1.6 Maps/Records. Each utility shall maintain up-to-date maps, plans, or records of its transmission and/or distribution systems, with such other information as may be necessary to advise its customers, or applicants, and others entitled to the information, as to the facilities available for serving customers within its service area.

6.1.7 Deposits.Each utility may require from any applicant or customer a reasonable deposit which will be applied against any unpaid balance due the utility for service at the time service is terminated.

6.1.7.1 If the utility has a deposit at the time service is terminated, then the deposit, plus accrued interest if applicable, less any amount owed by the customer for service, must be returned to that customer, whenever possible.

6.1.7.2 The deposit required by the utility shall not be more than the estimated service charge for two (2) consecutive billing periods.

6.1.7.3 If requested by the applicant or customer, the utility shall provide means whereby a required deposit of $35.00 or more may be paid through installments over at least two (2) billing periods.

6.1.7.4 Each utility shall issue a receipt of deposit to each customer from whom a deposit is received, and shall provide means whereby a depositor may acquire his deposit if the receipt is lost.

6.1.7.5 The utility shall keep a record of all such deposits to include the depositor's name and address, the date and amount of deposit, and other information pertinent to each transaction involving the deposit.

6.1.7.6 A record of each unclaimed deposit must be maintained for at least seven (7) years, during which time the utility shall make reasonable efforts to return the deposit. After seven (7) years, all unclaimed deposits, together with any accrued interest, shall be credited to an appropriate account to include where appropriate, the State of Delaware (under applicable Escheat Law).

6.1.8 Interest on Deposits. When a utility's tariff requires or permits the collection of a deposit from customers, the utility shall pay interest on all such deposits at the rate of six percent (6%) annual simple interest. Interest shall be computed from the date of receipt of the deposit by the utility.

6.1.8.1 Interest on deposits shall be credited to the account of the depositor annually, at the time the deposit is returned, or when service is terminated, whichever is sooner.

6.1.8.2 Deposits shall cease to draw interest on the date service is terminated, on the date the deposit is returned, or on the date that notice is sent to the depositor's last known address that the deposit is no longer required.

6.2 Billing Statements

Any billing statement shall include: the previous meter reading, as well as the current meter reading covering the period for which the billing is rendered; the date on which the meter was read; the amount of consumption for the billing period; the gross and/or net cash amount of the bill; the date by which the customer must pay the bill in order to benefit from any applicable discount or to avoid any penalty.

6.2.1 Rate Schedule.The applicable rate schedule or identification of the applicable rate schedule shall be reflected on the billing statement. If the actual rates are not shown, the bill shall carry a statement to the effect that, upon request, the applicable rate schedule will be made available for examination.

6.2.2 Additional Information. Any conversions from meter reading units to billing units, any calculations to determine billing units from any other recording devices, or other factors used in determining the bill, must also be presented on or along with the billing statement.

6.2.3 Estimated Bills.No more than two (2) consecutive billing statements may be estimated. Estimated bills shall be made by averaging the amount of water registered over corresponding periods in previous years, and adjusting for any known changes in the customer's usage.

6.3 Billing Statement Adjustment

Billing adjustments due to fast or slow meters shall be calculated on the premise that the meter should be 100% accurate. For the purpose of a billing adjustment, the error in registration of the meter shall be calculated and applied as specified in 4.2.6 and 4.2.7.

6.3.1 Fast Meters. Whenever a meter is tested and found to over-register more than two percent (2%), or such different percentage as prescribed in 3.10.1.1, the utility shall recalculate the bills for service for the last customer of record receiving service through the meter, and shall make an appropriate refund. The refund shall be for the period that the customer received service through the meter, but no longer than the periods established below:

6.3.1.1 If the date of error is known, or can be developed, the adjustment shall start from that time;

6.3.1.2 If the date of error is not known or cannot be developed, it shall be assumed that the over-registration existed for at least three (3) years or a period equal to one-half of the time since the meter was last tested, whichever is less.

6.3.2 Slow Meters. Whenever a meter is tested and found to under-register more than two percent (2%), or such different percentage as described in 3.10.1.1, the utility may bill the customer the unbilled error for a period of not more than twelve (12) months, unless the meter has been tested within that twelve (12) month period, in which event the utility may bill the customer the unbilled error for the period since the meter was last tested. If the amount of under-registration is less than $5.00, the utility shall not adjust the bill.

6.3.3 Stopped Meters. Whenever a meter is stopped and is unable to be tested, an estimated bill shall be made according to 6.2.3.

6.3.4 Overcharge Adjustment. When a customer has been overcharged as the result of an incorrect estimated meter reading, incorrect rate schedule application, incorrect meter connection, or other similar reasons, the amount of overcharge shall either be refunded or credited to the customer's account. Refunds less than $1.00 shall be credited to the customer's account. When the overcharge resulted from an incorrect meter reading, the amount of overcharge will automatically be reflected in a subsequent billing based on a correct meter reading.

6.3.5 Undercharge Adjustment. When a customer has been undercharged as a result of an incorrect meter reading, incorrect rate schedule application, incorrect meter connection, stopped meter, or other similar reasons, the amount of the undercharge may be billed to the customer. The utility, however, may deny service for non-payment for only that portion of such undercharge applicable to the twelve (12) months immediately prior to the discovery of such undercharge, unless otherwise authorized by the Commission.

6.4 Denial Of Service Without Notice

The utility may discontinue service without notice for any of the reasons cited below, and service may not be restored until the cause for disconnection has been corrected.

A reasonable charge may be required by the utility, if allowed by tariff, for restoring service and also from customers who have been disconnected for unauthorized use of water. A customer whose service was disconnected or interrupted as the result of damage caused by that customer, or his agents, to the utility's equipment, may be charged the actual cost for repairs necessitated to reconnect the service.

6.4.1 Hazardous Condition. Service may be discontinued without notice for a condition on the customer's premises reasonably determined by the utility to be hazardous.

6.4.2 Adverse Effect on Service. Service may be discontinued without notice when the customer's use of equipment is in such a manner as to adversely affect the utility's equipment, or its service to other customers.

6.4.3 Unauthorized Use of Service. Service may be discontinued without notice for any unauthorized use of the utility's service by any method, including diversion of service to bypass a meter, as well as unauthorized resale of water by a customer.

6.5 Denial Of Service Requiring Notice

The utility may deny service for any of the following reasons listed below, provided the utility has notified the customer of its intent to deny service and has allowed the customer a reasonable period of time in which to correct or remove the cause for service denial. When service has been disconnected for any of the following reasons, a charge may be made for restoring service. Such reconnection charge shall not exceed five dollars ($5.00), unless the utility's tariff on file with the Commission indicates otherwise.

6.5.1 Non-Compliance With Rules. Service may be discontinued with notice for a violation of or for non-compliance with the Commission's Minimum Standards Governing Service Provided by Public Water Companies, or for a violation of or non-compliance with the utility's tariffs on file with the Commission, or state, county, and municipal ordinances.

6.5.2 Contractual Obligations.Service may be discontinued with notice for failure of the customer to fulfill his contractual obligations for service or facilities.

6.5.3 Access Refusal. Service may be discontinued with notice for failure on the part of the customer to permit the utility's agents or representatives to have reasonable access to its equipment, to include unreasonable refusal of entry for meter reading purposes.

6.5.4 Non-Payment of Bill. Service may be discontinued with notice for non-payment of bill for service provided that:

6.5.4.1 the utility has made a reasonable attempt to effect collection;

6.5.4.2 non-payment resulted and no bona fide dispute exists under Section 2.5.2.

6.5.4.2.1 In the event of termination for non-payment, the utility shall send the customer written notice that he has at least five (5) working dates in which to make settlement or have his service disconnected. Service shall not be discontinued on any day preceding a holiday, or other non-working day, or in violation of 26 Del.C. § 117.

6.5.4.2.2 While water companies are not precluded from terminating service for non-payment of water bills, it is the policy of the Public Service Commission that such termination of essential services, such as water service, should be avoided whenever possible and, to this end, each regulated water utility is encouraged to permit customers to make installment payments on delinquent bills when the cash flow position of the company will not be seriously injured thereby.

6.5.4.2.3 Prior to termination of service for non-payment to a multi-dwelling or non-residential unit, such as an apartment house, condominium or shopping plaza, where service is provided through a master meter or where the billing address is other than the dwelling to which service is being provided, such as a rental unit where the water bill is paid by the owner or his agent rather than by the occupant, the company shall make a good faith effort to notify the occupant(s) of the impending termination in sufficient time to permit the occupant(s) to avoid termination by making payment or arrangements for payment in a manner satisfactory to the company. The company shall keep, for a period of one year from actual termination, a record of its attempts to notify the occupant(s) of such dwelling or non-residential unit(s) prior to termination for non-payment.

6.5.5 Failure to Provide Required Deposit. Service may be discontinued with notice for failure on the part of the customer to provide the utility with a deposit, when required, under tariffs filed with the Commission.

6.5.6 Non-Compliance with Service Conditions. Service may be discontinued with notice for failure on the part of the customer to furnish such service equipment, permits, certificates, or rights-of-way as shall have been specified by the utility and agreed to by the applicant or customer as a condition to obtaining service, or in the event such equipment or permissions are withdrawn or terminated.

6.5.7 Waste of Water. Service may be discontinued with notice for the willful waste of water by the customer which includes the unnecessary or excessive use of water.

6.5.7.1 The customer is responsible for maintaining his portion of the service pipe and all piping and fixtures on his premises, in such a manner that any leakage would be considered negligible. If the leakage becomes excessive and repairs are not made promptly, then this leakage may be treated as a willful waste of water.

6.6 Insufficient Reasons For Denial Of Service

The following examples shall not constitute sufficient cause to refuse service or discontinue service to an applicant or customer:

6.6.1 For failure on the part of a prior customer to pay for service rendered to him at the premises requested to be served;

6.6.2 For failure to pay for merchandise purchased from the utility;

6.6.3 For failure to pay for any other public utility service, excepting jobbing or repair work done on the customer's premises for his account.

6.6.4 For failure to pay for a different class of service. Used here, there shall be considered two (2) classes of service; residential and non-residential;

6.6.5 For failure to pay the bill of another party as guarantor thereof.

6.7 Responsibility Of Utility Regarding Disconnection Of Service

The utility shall not be liable for any property damage or inconvenience suffered by the customer as the result of the discontinuance of service where such discontinuance is permitted by these rules or tariffs filed with this Commission.

6.7.1 Second Party Notification. Each water utility shall maintain a second party termination notice list. Each customer shall be offered the opportunity to designate a second party to be notified by the utility prior to termination of service for non-payment of a bill. No water utility shall be required to give notice to any second party, unless and until the second party has notified the utility, in writing, of willingness to accept such notice. By accepting second party status, the person to be so notified shall not incur any obligation whatsoever to the utility.

6.7.1.1 When a customer has designated a second party to be notified and the second party has indicated to the company willingness to accept such notice, the utility shall not, unless otherwise ordered by the Commission, terminate service to the customer for non-payment until a period of not less than five (5) days after giving oral or written notice to the second party of intent to terminate the customer's service.

6.7.1.2 The customer designating a second party to receive notification of intent to terminate service for non-payment, assumes the responsibility for providing the utility with current and accurate information as to the name, address, and telephone number of the designated second party. The utility shall incur no liability whatsoever for inaccurate or non-current information provided by the customer designating such second party to be notified.

6.7.1.3 Notification of the availability of such second party notice shall be given to each customer.

6.8 Restrictions/Curtailments On Water Usage

6.8.1 If a utility finds that it is necessary to curtail the use of water, it shall notify its customers and give the Commission written notice prior to effecting such restriction. Such notifications shall include:

6.8.1.1 The reason for the restriction;

6.8.1.2 The nature and extent of such restriction, i.e., outdoor water usage, class(es) affected, etc.;

6.8.1.3 The date such restriction will take effect;

6.8.1.4 The probable date such restriction may be terminated.

If the customer fails to comply with such curtailment on the use of water, service may be denied to that customer provided that he has been given notice, and a copy of such notice has been sent to the Commission.

6.8.2 Restrictions on Outdoor Use. The utility may impose reasonable curtailments on the outdoor use of water during periods of supply shortage, excessive demand, or other difficulty which jeopardizes the supply of water to any group of customers.

6.8.3 Restrictions on Large-Use Customers. The utility may impose curtailments on the use of water by customers who use large quantities of water and, thereby, create conditions which would hinder the utility's providing adequate service to that customer or other customers.

Revised:

1. Sections 6.1.8 and 6.1.8(a) by Order No. 2818, dated June 1, 1987 (Regulation Docket No. 13).

2. Sections 3.5.12 and 3.5.13 were revised and added, respectively, by Order No. 2888, dated October 27, 1987 (Regulation Docket No. 18), effective January 1, 1988.

3. Sections 1.3.12; 1.3.13; 3.8.1; 3.8.2; 3.8.3; 3.8.4; 3.8.5; 3.8.6; 3.8.7 and 3.8.8 added and 3.8 amended by Order No. 2928, dated March 15, 1988 (Regulation Docket No. 15), effective April 15, 1988.

4. Sections 1.2.12, 1.3.13, 3.8, 3.8.1, 3.8.2, 3.8.3, 3.8.4, 3.8.5, 3.8.6, 3.8.7, 3.8.8 by Order No. 4465, dated April 8, 1997 (Regulation Docket No. 15), effective March 8, 1997.

5. Section 4.2.4 by Order No. 5847, dated December 11, 2001 (Regulation Docket No. 13), effective January 10, 2002.

6. Sections 1.3.12, 1.3.13, 1.3.14, 1.3.15, 3.8, 3.8.1, 3.8.2, 3.8.3, 3.8.4, 3.8.5, 3.8.6, 3.8.7, 3.8.8, 3.8.9 by Order No. 6873, dated March 14, 2006 (Regulation Docket No. 15), effective April 10, 2006.

Notes

26 Del. Admin. Code § 2001-6.0

5 DE Reg. 1414 (01/01/02)