Mich. Admin. Code R. 460.131 - Winter protection plan for eligible low-income customers
Rule 31.
(1) Except
where unauthorized use of utility service has occurred, a utility shall not
shut off service to an eligible low-income customer during the heating season
for nonpayment of a delinquent account if the customer pays to the utility a
monthly amount equal to 7% of the estimated annual bill for the eligible
customer and the eligible customer demonstrates, within 14 days of requesting
shutoff protection, that he or she has made application for state or federal
heating assistance. If an arrearage exists at the time an eligible low-income
customer applies for protection from shut off of service during the heating
season, the utility shall permit the customer to pay the arrearage in equal
monthly installments between the date of application and the start of the
subsequent heating season.
(2) A
utility may shut off service to an eligible low-income customer who does not
pay the monthly amounts referred to in subrule (1) of this rule after giving
notice in the manner required by these rules.
(3) If an eligible low-income customer fails
to comply with the terms and conditions of this rule, a utility may shut off
service after giving the customer notice, by personal service or first-class
mail, which contains all of the following information:
(a) The eligible low-income customer has
defaulted on the winter protection plan.
(b) The nature of the default.
(c) That unless the customer makes the
payments that are past due under this rule within 10 days of the date of
mailing, the utility may shut off service.
(d) The date on or after which the utility
may shut off service, unless the customer takes appropriate action.
(e) That the customer has the right to file a
complaint disputing the claim of the utility before the date of the proposed
shut off of service by calling the company.
(f) That the customer has the right to
request a hearing before a hearing officer if the complaint cannot be otherwise
resolved and that the customer must pay to the utility that portion of the bill
that is not in dispute within 7 business days of the date that the customer
requests a hearing.
(g) That the
customer has the right to represent himself or herself, be represented by
counsel, or be assisted by other persons of his or her choice in the complaint
process.
(h) That the utility will
not shut off service pending the resolution of a complaint that is filed with
the utility or the commission pursuant to these rules.
(i) The telephone number and address of the
utility where the customer may make inquiry, enter into a payment plan or
settlement agreement, or file a complaint.
(j) That the customer should contact a social
services agency immediately if the customer believes he or she might be
eligible for emergency economic assistance.
(k) That the utility will postpone shut off
of service if a medical emergency exists at the customer's residence and the
customer provides the documentation as specified in
R
460.147.
(l) That the utility may require a deposit
and restoration charge if the utility shuts off service for nonpayment of
winter protection monthly amounts.
(m) That the utility will not shut off
service if the customer or the spouse of the customer is on active military
duty.
(4) At the
conclusion of the heating season, the utility shall reconcile the accounts of
eligible low-income customers and permit customers to pay any amounts owing in
equal monthly installments between April 1 and October 31. A utility may shut
off service to eligible customers who fail to make installment payments on a
timely basis in the manner required by these rules.
(5) Except where unauthorized use of utility
service has occurred at a customer's premises within the past 2 years and the
bill remains unpaid, during the heating season a utility shall not require an
eligible low-income customer, whose utility service has been shut off, to pay a
fee for restoring service or a security deposit pursuant to
R
460.109 or
R 460.111, before applying for
protection under this rule.
(6)
Except where unauthorized use of utility service has occurred within the past 2
years at the premises where the customer has resided and the bill remains
unpaid or safety is a concern, a utility may not require an amount greater than
1/12 of an arrearage owed to restore service or initiate participation in the
winter protection plan.
(7) Winter
protection provisions of these rules do not apply to customers who have been
shut off or who have a pending shut off for unauthorized use of utility service
within the past 2 years at the customer's current premises until all charges
are paid pursuant to these rules or satisfactory payment arrangements are made
with the utility.
(8) Upon request,
the utility shall provide customers who enroll in the winter protection program
with documentation that they are participating in the program.
(9) Bills issued to customers participating
in the winter protection program shall clearly identify the minimum amount that
the customer must pay to prevent shut off of service. Utilities may bill at
higher amounts to recover past due amounts and the utility may encourage
customers to pay amounts in excess of the minimum provided that the minimum
payment is clearly designated on the bill.
(10) Subject to prior commission approval, a
utility may offer an optional shutoff protection program to its customers,
provided that the optional shutoff protection program offers eligibility and
shutoff protection that meets or exceeds the eligibility criteria and customer
protections contained in subrule (1) of this rule.
Notes
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