2010 Pennsylvania Code
Title 66 - PUBLIC UTILITIES
Chapter 14 - Responsible Utility Customer Protection
1406 - Termination of utility service.

     § 1406.  Termination of utility service.
        (a)  Authorized termination.--A public utility may notify a
     customer and terminate service provided to a customer after
     notice as provided in subsection (b) for any of the following
     actions by the customer:
            (1)  Nonpayment of an undisputed delinquent account.
            (2)  Failure to comply with the material terms of a
        payment agreement.
            (3)  Failure to complete payment of a deposit, provide a
        guarantee of payment or establish credit.
            (4)  Failure to permit access to meters, service
        connections or other property of the public utility for the
        purpose of replacement, maintenance, repair or meter reading.
        (b)  Notice of termination of service.--
            (1)  Prior to terminating service under subsection (a), a
        public utility:
                (i)  Shall provide written notice of the termination
            to the customer at least ten days prior to the date of
            the proposed termination. The termination notice shall
            remain effective for 60 days.
                (ii)  Shall attempt to contact the customer or
            occupant, either in person or by telephone, to provide
            notice of the proposed termination at least three days
            prior to the scheduled termination. Phone contact shall
            be deemed complete upon attempted calls on two separate
            days to the residence between the hours of 7 a.m. and 9
            p.m. if the calls were made at various times each day.
                (iii)  During the months of December through March,
            unless personal contact has been made with the customer
            or responsible adult by personally visiting the
            customer's residence, the public utility shall, within 48
            hours of the scheduled date of termination, post a notice
            of the proposed termination at the service location.
                (iv)  After complying with paragraphs (ii) and (iii),
            the public utility shall attempt to make personal contact
            with the customer or responsible adult at the time
            service is terminated. Termination of service shall not
            be delayed for failure to make personal contact.
            (2)  The public utility shall not be required by the
        commission to take any additional actions prior to
        termination.
        (c)  Grounds for immediate termination.--
            (1)  A public utility may immediately terminate service
        for any of the following actions by the customer:
                (i)  Unauthorized use of the service delivered on or
            about the affected dwelling.
                (ii)  Fraud or material misrepresentation of the
            customer's identity for the purpose of obtaining service.
                (iii)  Tampering with meters or other public
            utility's equipment.
                (iv)  Violating tariff provisions on file with the
            commission so as to endanger the safety of a person or
            the integrity of the public utility's delivery system.
            (2)  Upon termination, the public utility shall make a
        good faith attempt to provide a post termination notice to
        the customer or a responsible person at the affected
        premises, and, in the case of a single meter, multiunit
        dwelling, the public utility shall conspicuously post the
        notice at the dwelling, including in common areas when
        possible.
        (d)  Timing of termination.--Notwithstanding the provisions
     of section 1503 (relating to discontinuance of service), a
     public utility may terminate service for the reasons set forth
     in subsection (a) from Monday through Friday as long as the
     public utility can accept payment to restore service on the
     following day and can restore service consistent with section
     1407 (relating to reconnection of service).
        (e)  Winter termination.--
            (1)  Unless otherwise authorized by the commission, after
        November 30 and before April 1, an electric distribution
        utility or natural gas distribution utility shall not
        terminate service to customers with household incomes at or
        below 250% of the Federal poverty level except for customers
        whose actions conform to subsection (c)(1). The commission
        shall not prohibit an electric distribution utility or
        natural gas distribution utility from terminating service in
        accordance with this section to customers with household
        incomes exceeding 250% of the Federal poverty level.
            (2)  In addition to the winter termination authority set
        forth in paragraph (1), a city natural gas distribution
        operation may terminate service to a customer whose household
        income exceeds 150% of the Federal poverty level but does not
        exceed 250% of the Federal poverty level, and starting
        January 1, has not paid at least 50% of his charges for each
        of the prior two months unless the customer has done one of
        the following:
                (i)  Has proven in accordance with commission rules
            that his household contains one or more persons who are
            65 years of age or over.
                (ii)  Has proven in accordance with commission rules
            that his household contains one or more persons 12 years
            of age or younger.
                (iii)  Has obtained a medical certification in
            accordance with commission rules.
                (iv)  Has paid to the city natural gas distribution
            operation an amount representing at least 15% of the
            customer's monthly household income for each of the last
            two months.
            (3)  At the time that the notice of termination required
        by subsection (b)(1)(i) is provided to the customer, the city
        natural gas distribution operation shall provide notice to
        the commission. The commission shall not stay the termination
        of service unless the commission finds that the customer
        meets the criteria in paragraph (2)(i), (ii), (iii) or (iv).
        (f)  Medical certification.--A public utility shall not
     terminate service to a premises when a licensed physician or
     nurse practitioner has certified that the customer or a member
     of the customer's household is seriously ill or afflicted with a
     medical condition that will be aggravated by cessation of
     service. The customer shall obtain a letter from a licensed
     physician verifying the condition and shall promptly forward it
     to the public utility. The medical certification procedure shall
     be implemented in accordance with commission regulations.
        (g)  Qualification for LIHEAP.--A notice of termination to a
     customer of a public utility shall be sufficient proof of a
     crisis for a customer with the requisite income level to receive
     a LIHEAP Crisis Grant from the Department of Public Welfare or
     its designee.
        (h)  Dishonorable tender of payment after receiving
     termination notice.--
            (1)  After a public utility has provided a written
        termination notice under subsection (b)(1)(i) and attempted
        telephone contact as provided in subsection (b)(1)(ii),
        termination of service may proceed without additional notice
        if:
                (i)  a customer tenders payment which is subsequently
            dishonored under 13 Pa.C.S. § 3502 (relating to
            dishonor); or
                (ii)  a customer tenders payment with an access
            device, as defined in 18 Pa.C.S. § 4106(d) (relating to
            access device fraud), which is unauthorized, revoked or
            canceled.
            (2)  The public utility shall not be required by the
        commission to take any additional actions prior to the
        termination.