2005 Rhode Island Code - § 39-2-1 — Reasonable and adequate services – Reasonable and just charges.

    (a) Every public utility is required to furnish safe, reasonable, and adequate services and facilities. The rate, toll, or charge, or any joint rate made, exacted, demanded, or collected by any public utility for the conveyance or transportation of any persons or property, including sewage, between points within the state, or for any heat, light, water, or power produced, transmitted, distributed, delivered, or furnished, or for any telephone or telegraph message conveyed or for any service rendered or to be rendered in connection therewith, shall be reasonable and just, and every unjust or unreasonable charge for the service is prohibited and declared unlawful, and no public utility providing heat, light, water, or power produced, transmitted, distributed, delivered, or furnished shall terminate the service or deprive any home or building, or whatsoever, of service if the reason therefor is nonpayment of the service without first notifying the user of the service, or the owner or owners of the building as recorded with the utility of the impending service termination by written notice at least ten (10) days prior to the effective date of the proposed termination of service.

   (b) Any existing rules and regulations dealing with the termination of utility service and establishing reasonable methods of debt collection promulgated by the commission pursuant to this chapter and the provisions of § 39-1.1-3, including but not limited to, any rules and regulations dealing with deposit and deferred payment arrangements, winter moratorium and medical emergency protections, and customer dispute resolution procedures, shall be applicable to any public utility which distributes electricity.

   (c) The commission shall promulgate such further rules and regulations as are necessary to protect consumers following the introduction of competition in the electric industry and which are consistent with this chapter and the provisions of § 39-1.1-3. In promulgating such rules and regulations, the commission shall confer with the Retail Electric Licensing Commission and shall give reasonable consideration to any and all recommendations of the Retail Electric Licensing Commission.

   (d) (Effective until April 15, 2006.) The commission shall promulgate and administer such rules and regulations as may be necessary to implement the purpose of this subsection and to provide for restoration of electric and/or gas service to Protected Status Customers who are terminated from utility service prior to August 15, 2005.

   (1) Notwithstanding the provisions of part V section 4(E)(1)(B) and (C) of the Public Utilities Commission Rules and Regulations Governing the Termination of Residential Electric, Gas, and Water Utility Service, a protected status customer who is terminated from utility service prior to August 15, 2005, shall be eligible to have electric and/or gas utility service restored providing the following conditions are met: (i) the customer pays twenty percent (20%) of the customer's unpaid balance; (ii) the customer agrees to pay one twenty-fourth (1/24) of the customer's remaining balance per month for twenty-four (24) months, (iii) the customer agrees to remain current with payments for current usage; and (iv) the customer has shown, to the satisfaction of the division, that the customer is reasonably capable of meeting the payment schedule provided for by provisions (i)-(iii) of this subsection 39-2-1(d)(1), and that the customer shall agree to waiver the right to a hearing for termination of service; provided that this waiver provision shall apply exclusively to the provisions of this subsection and shall have no precedential value for other proceedings before the commission or the division. Once service is restored under the provisions of this subsection, such service may be terminated if payment is not made within thirty (30) days after the billing date; provided, however, that termination of service shall not take place during the moratorium on shut-offs.

   (2) A customer terminated from service under the provisions of subsection 39-2-1(d)(1) shall be eligible for restoration of service in accordance with the applicable provisions of part V section 4(E)(1)(C) of the Public Utilities Commission Rules and Regulations Governing the Termination of Residential Electric, Gas, and Water Service.

   (3) The provisions of subsection 39-2-1(d)(1) shall be available if the initial payment for restoration of service is made between April 15, 2005, and August 15, 2005, inclusive.