Tenn. Comp. R. & Regs. 1220-04-04-.19 - REASONS FOR DENYING SERVICE

(1) Reasons for Termination of Service or Denial of Service. Service may be refused or discontinued for any of the reasons listed below:

(a) Without notice in the event of a condition determined by the utility to be hazardous.

(b) Without notice in the event of customer use of equipment in such a manner as to adversely affect the utility's equipment or the utility's service to others.

(c) Without notice if there is evidence of tampering with the equipment furnished and owned by the utility.

(d) Without notice if there is evidence of unauthorized use.

(e) For violation of and/or non-compliance with the utility's rules on file with and approved by the Authority.

(f) For failure of the customer to fulfill his contractual obligations for service and/or facilities subject to regulations by the Authority.

(g) For failure of the customer to permit the utility reasonable access to its equipment.

(h) For non-payment of delinquent account.

(i) For failure of the customer to provide the utility with a deposit as authorized by rule 1220-4-4-.15.

Unless otherwise stated, the utility shall comply with the notice requirements set forth in paragraph (2) below before service is discontinued. However, no service shall be discontinued on the day or a date preceding a day or days on which the services of the utility are not available to the general public for the purpose of reconnecting the discontinued service, except as provided in rule 1220-4-4-.19(1)(a), (b), (c) and (d) above.

(2) Notice of Termination of Service. Electric service to any electric customer may not be terminated without reasonable opportunity to dispute the reasons for such termination.

(a) Content of the notice, which may be included in the customer's bill, shall be clearly legible and contain the following information:

1. The name and address of the customer and the address of the service, if different.

2. A clear and concise statement of the reason for the proposed termination of service.

3. The date on which service will be terminated unless the customer takes appropriate action. The date of the proposed termination by the utility shall be at least seven (7) days after the utility sends the notice by first class mail. The mailing of the notice of termination as set forth above, shall constitute reasonable prior notice within the meaning of this rule.

4. Information concerning the reconnection fee.

5. The telephone number and address of the utility where the customer may make inquiry, enter into a service continuation agreement, or file a complaint.

6. The notice shall also contain the name and address of the Authority and a statement to the effect that the Authority is the regulatory authority for this service.

7. In cases where the termination is based on the failure to pay, the notice shall state if the bill is the actual or estimated, amount owed, and the time period over which the amount was incurred.

(b) Notwithstanding any other provisions of these rules, a utility shall postpone the physical termination of utility service to a residential customer for a period of thirty (30) days in the event a physician, public health officer, or social service official certifies in writing that discontinuation of the service will aggravate an existing medical emergency of the customer or other permanent resident of the premises where service is rendered. During the thirty (30) day extension the customer or other permanent resident of the premises where service is rendered shall be referred to social service agencies for investigation, confirmation of need and guarantee of payment. The local utility shall supply customers with names of agencies providing assistance.

(c) All customers shall be provided with the option of a Third Party Notification service and shall be notified annually by the utility of its availability. The Third Party Notification will provide any customer with the opportunity to designate a third party who will receive a duplicate of any termination notice by first class mail.

(3) Statement of Termination Policy. The utility shall provide a general policy statement detailing its termination policies to all existing customers annually and to all new customers when they initiate service. This policy statement shall be filed by the utility for approval by the Authority within sixty (60) days of the effective date of this rule. The general policy statement shall include the following information in clear and understandable language:

(a) Grounds for termination.

(b) The time allowed to pay outstanding bills.

(c) Steps which must occur before service may be terminated for non-payment.

(d) Steps necessary to have service reinstated.

(e) Instructions for residential customers to designate the following:

1. A third party (agency or individual) to receive a copy, by first class mall, of all termination notices;

2. Presence of appliances at the service address which are critical for maintenance of health of one or more of the residents.

(f) A notice of rights and remedies which should contain the following:

1. the time allowed to initiate a complaint;

2. appropriate administrative or other action to take in order to avoid termination;

3. [rocedures to dispute and appeal the termination notice, including the office address and telephone number of the utility representatives available to handle inquiries or complaints;

4. a statement that households which have appliances critical for health are responsible for notifying the utility of such fact;

5. provide information and steps necessary to qualify for alternative payment arrangements available to residential customers who maintain that they are temporarily unable to pay their bills;

6. the name of a social service agency the customer can call to inquire about a source or sources of financial assistance in paying residential utility bills;

7. procedures to dispute and appeal an unfavorable decision of the utility, including the address and toll-free telephone number of the Tennessee Regulatory Authority and its representatives, who are available to handle complaints and inquiries; and

8. a statement that a customer does not have to pay that portion of a bill which is in dispute while the dispute process is underway.

Notes

Tenn. Comp. R. & Regs. 1220-04-04-.19

Original rule certified May 9, 1974. Amendment filed May 17, 1987; effective June 26, 1987. Amendment filed October 30, 2000; effective January 13, 2001.

Authority: T.C.A. §65-102, 65-4-104, and 65-4-105.