Conn. Agencies Regs. § 42-110b-31 - Refusal to serve customer
(a) As used in this
section:
(1) "Energy goods" means any fuel
used for the purpose of providing heat or hot water to residential dwelling
units, including, but not limited to home heating oil, propane, kerosene, coal
and wood;
(2) "Vendor" means a
retail seller of energy goods;
(3)
"Established delivery area" means the geographic area in Connecticut, the
perimeter of which is determined by the vendor's most distant customer in each
direction;
(4) "Cash" means legal
tender, certified or cashier's check, commercial money order, or their
equivalent, or guaranteed payment on behalf of the person by a government or
community action agency.
(b) Except as provided in the Regulations of
Connecticut State Agencies promulgated pursuant to Sections
29-329 and
29-331 of
the Connecticut General Statutes it shall be an unfair act or practice in
violation of Connecticut General Statutes, Section
42-110b(a)
for a vendor to:
(1) Refuse to sell energy
goods within its established delivery area to any person who is able and
willing to pay cash, irrespective of:
(A) the
status of the person's credit history; or
(B) whether the person is an established or
new customer of the vendor or has previously purchased energy goods from the
vendor;
(2) Refuse to
sell, on the same terms and conditions as other cash customers, energy goods
within its established delivery area to any person who is able and willing to
pay cash;
(3) Enter into an
agreement or understanding with a property owner or managing agent that binds
or influences current or prospective tenants to purchase energy goods from that
vendor or creates an incentive for the property owner or managing agent to bind
or influence current or prospective tenants to purchase energy goods from that
vendor.
(c) Nothing in
this section shall be construed to require a vendor to sell or deliver energy
goods to a customer who currently owes an outstanding balance to that vendor
for a past sale of energy goods.
(d) Nothing in this section shall be
construed to require a vendor to sell a proportionately larger share or
allocation to a new cash customer than the share or allocation such vendor is
providing to other customers if such vendor has inadequate supply to meet all
customer needs, so long as any person entitled to purchase energy goods
pursuant to this regulation is not discriminated against in any way by any such
allocation plan or practice.
Notes
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