04 N.C. Admin. Code 11 R12-10 - DISCONNECTION OF RESIDENTIAL CUSTOMER'S NATURAL GAS SERVICE
(a) The date after which the bill is due, or
the past due after date, shall be disclosed in the bill and shall not be less
than twenty-five (25) days after the billing date. Payment within this
twenty-five day period will either maintain or count toward establishment of
the customer's credit with the utility.
(b) For purposes of this rule, payment shall
be defined as delivery of the amount due to a company business office or
designated payment agency during regular business hours by 5:00 p.m. on the
twenty-fifth (25th) day, unless such day is a Saturday, Sunday, or legal
holiday in which event the last day for payment runs until the end of the next
day which is not a Saturday, Sunday, or legal holiday.
(c) Those natural gas customers from whom
deposits are required under the provisions of Commission Rules R12-2 or R12-3
and who receive their largest bills seasonally (such as customers who use
natural gas for heating) may be considered seasonal customers in determining
the amount of deposit under Rule R12-4. The deposits collectible from such
customers shall not exceed one-third of the estimated charge for service for
the season involved. For purposes of this provision the heating season shall be
the calendar months October through March.
(d) Each gas utility shall file tariffs with
the Commission to impose charges, not to exceed the charges allowed by
G.S.
25-3-506, for checks tendered on a customer's
account and returned for insufficient funds. This charge shall apply regardless
of when the check is tendered.
(e)
Each gas utility, through its meter reader, office, or designated payment
agency is authorized to collect payment by cash or check for bills past due and
in arrears, and for current bills once the meter reader has left the office
with a list of customers whose service is to be disconnected, unless the day on
which the meter reader has left the office with such list is prior to the third
day preceding the past due date of the current bill of any customer whose
service is to be disconnected, in which case the utility is authorized only to
collect payment for bills past due and in arrears.
"Current bill" is defined as a bill rendered but not past due. "Bill in arrears" is defined as a bill rendered and past due.
(f) Each gas utility operating
under the jurisdiction of the North Carolina Utilities Commission shall revise
its billing procedures to conform to the following approximate schedule with
respect to all customers:
|
Approximate Billing Cycle Day |
Standard Procedure |
|
1 |
Service begins. |
|
30 |
Meter read. |
|
35 |
Bill mailed. |
|
60 |
Meter read for second month's service. |
|
65 |
Bill marked showing charge for second month's service and arrears separately; if arrears is shown on bill, notice enclosed in conformity with subsection (h) of this rule also stating: "Arrears must be paid within 10 days after billing date to avoid disconnection of service. CONTACT THE UTILITY IMMEDIATELY TO DISCUSS CREDIT ARRANGEMENTS IF FULL PAYMENT IS NOT POSSIBLE. NO OTHER NOTICE WILL BE MAILED." |
|
75 |
Review of accounts to determine whether customer has taken necessary action to avoid disconnection. Supervisory approval given to final disconnect orders. |
|
76 |
Field representative visits home to notify customer, receive payment or defer disconnection in accordance with Rule R12-10(i)(2), make satisfactory credit arrangements, agree to defer action because of death or illness, or disconnect service. Customer has immediate recourse to the utility for reconnection action. |
(g)
No disconnects will be made prior to their being personally reviewed and
ordered by a supervisor.
(h) Gas
service to a residential customer shall not be terminated for nonpayment of a
delinquent account until the utility has given such customer at least 10 days'
written notice that his service is subject to termination. This notice of
proposed termination shall, at a minimum, contain the following information:
(1) A clear explanation of the reasons which
underlie the proposed termination.
(2) The date of the proposed termination,
which shall not be less than 10 days from the date of issuance of such
notice.
(3) A statement advising
the customer that gas service will not be terminated if, prior to the proposed
termination date, the customer is able to establish that he is unable to pay
his account in full and he agrees to enter into a reasonable installment
agreement with the utility designed to bring the account into balance not later
than six months from the date of such agreement. Approved finance charges will
apply to the balance in arrears. This installment agreement shall encompass
both the sum of the outstanding balance and also the estimated charges for gas
usage which is reasonably projected to occur during the period of the
agreement. Estimated charges shall be based upon an analysis of the customer's
past usage.
(4) Statements advising
the customer that he should first contact the utility with any questions he may
have regarding his bill and that in cases of dispute, a proposed termination
action may thereafter be appealed informally to the Commission either by
calling the Public Staff-North Carolina Utilities Commission, Consumer Services
Division at (919) 733-9277 or by appearing in person or by writing the Public
Staff-North Carolina Utilities Commission, Consumer Services Division, 4326
Mail Service Center, Raleigh, NC 27699-4326.
(5) A statement advising the customer that he
may desire to call his local social service agency to determine what federal,
state, or private assistance may be available.
(6) With respect to bills rendered between
November 1 and March 31 of every year and in conformity with the policy
considerations expressed by Congress in the Public Utility Regulatory Policies
Act (PURPA) of 1978, the notice of proposed termination shall also contain a
statement that no termination shall take place without the express approval of
the Commission if the customer can establish all of the following:
(a) That a member of the customer's household
is either certifiably handicapped or elderly (65 years of age or older), or
both.
(b) That the customer is
unable to pay for such service in full or
in accordance with subsection (h)(3) of this rule.
(c) That the household is
certified by the local social service office which administers the Energy
Crisis Assistance Program or other similar programs as being eligible (whether
funds are then available or not) to receive assistance under such
pro-grams.
(i) Personal Contact Prior to Termination.
(1) At least 24 hours prior to a proposed
service termination, the utility shall, in good faith, attempt to contact a
customer to whom a written disconnect notice has been mailed (as well as any
third party who may have been designated by the customer to receive notice
pursuant to subsection (j) of this rule), either by telephone or by visit to
the customer's premises. The purpose of this personal contact shall be to
attempt to personally inform the customer and his designated representative
that termination of service is imminent, and to fully explain all alternatives
to termination which may be available to the customer under this
rule.
(2) Immediately prior to the
actual termination of service, the utility's representative shall attempt to
personally contact the customer on the premises. At that time, the utility's
representative shall either receive payment from the customer, or postpone
termination for another 24 hours if the customer is prepared to pay but the
utility has determined that its representatives should not be required to
accept payments from customers on the premises; make satisfactory credit
arrangements; agree to postpone termination during the period November 1 to
March 31 if the customer qualifies for postponement under subsection (h)(6) of
this rule; or, in the absence of any of the arrangements or circumstances
listed above, terminate service. If personal contact cannot be made by the
utility, a notice indicating that service has been terminated shall be left in
a conspicuous place at the residence where such service was terminated. Such
notice shall specify that the customer may have immediate recourse to the
utility in order to arrange for reconnection of service.
(3) The utility shall fully document its
efforts under this subsection to personally contact the customer and any
designated third party representative.
(j) Each gas utility shall offer its
residential customers the opportunity to designate a third party to receive a
copy of any proposed termination notice which may be mailed to the customer.
Each residential customer shall be given notification of this option at the
time service is initiated and at least once annually thereafter. Notice of the
availability of this option shall be given in writing, either by mailing a copy
of such notice as a bill insert or by means of a separate mailing, to all
residential customers. Such notice shall clearly indicate that this duplicate
notification process will not obligate the third party to pay the customer's
bill.
(k) Informal Appeal of
Termination Action.
(1) Any residential
customer may informally appeal the decision of a utility to terminate service
by notifying the Consumer Services Division of the Public Staff-North Carolina
Utilities Commission. Such notification may be made by the customer either in
person, in writing, or by telephone.
(2) Upon receipt of any such appeal, the
Consumer Services Division of the Public Staff shall immediately notify the
utility that such an in-formal appeal as been filed. If service has not been
terminated as of the time an appeal is filed, the utility shall not terminate
the customer's service without securing express approval from the Commission or
its designated representative. If service has already been terminated by the
time the customer files his appeal with the Public Staff, the Commission may
order the utility to restore service upon such terms as are deemed just and
reasonable pending resolution of the appeal.
(3) If the matter cannot be resolved
informally, the customer shall then have the right to file a formal complaint
with the Commission pursuant to Rule R1-9 and to request a hearing
thereon.
(l) Residential
gas service shall not be terminated on Fridays, on weekends, on state or
federal holidays, or on days before state or federal holidays. If a
disconnection occurs, the customer shall have immediate recourse to the utility
regardless of the time of day.
(m)
Each gas utility shall establish an internal procedure whereby the utility will
endeavor to identify by a special code a customer whose household is known to
have an individual residing therein who is either chronically or seriously ill,
handicapped, or on a life support system. The purpose of assigning such code
shall be to identify that account for careful handling whenever service to such
account becomes subject to termination as a result of nonpayment of a
delinquent bill.
(n) Nothing in
this rule shall preclude a natural gas utility from exercising reasonable
discretion in waiving or extending the times provided herein pertaining to
termination of service, particularly when such waiver or extension would result
in the prevention of undue hardship in those cases where termination of service
would be especially dangerous to health or where the customer or a member of
the customer's household is elderly or handicapped.
Notes
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