A.
When Disconnection Procedures Can
Begin
A utility may begin disconnection procedures without the
consent of the customer or occupant only if one or more of the following
conditions exist:
1. The customer does
not pay or make a payment arrangement on an undisputed overdue amount that is
more than $50.00. A utility can disconnect service for an overdue amount of
less than $50.00 only if the overdue amount is more than 90 days old or the
utility bills 4 times a year or less. For utilities that have the right to
disconnect water service for the non-payment of sewer charges, a utility may
begin disconnection procedures without the consent of the customer or occupant
when the undisputed amount overdue for the combined water and sewer charges is
more than $100.00. A utility can disconnect service for an overdue amount of
less than $100.00 only if the overdue amount is more than 90 days or the
utility bills 4 times a year or less.
2. The customer does not make payment
according to the terms of a payment arrangement.
3. The customer does not pay or make a
payment arrangement for a deposit or provide a third-party guarantor according
to the provisions of Section
7;
4. Service is being used, but no occupant or
other person has applied for customer status.
5. The customer unreasonably refuses to allow
access to the premises to install or read a meter or for the necessary
inspection or repair of utility property.
6. There is unauthorized use (as that term is
defined in Section
2 (DD)) of the utility service
delivered to the affected premises.
7. The utility has reason to believe there is
fraud or that the customer has materially misrepresented his or her identity to
obtain utility service without complying with the provisions of this
Rule.
8. The occupant's service
poses a threat to the safety of any person or the integrity of the utility
delivery system.
9. The utility
receives a directive from the State Inspector or local code enforcement officer
to disconnect service for safety reasons.
10. The customer does not comply with a
decision of the CAD or the Commission according to Section
13.
B.
Customer Request or
Abandonment
A utility may disconnect service at the request of a customer
(provided that the provisions of Section 10(I) concerning landlord/tenant
disconnections are not applicable) or if the premises is clearly abandoned. A
utility may require customers to give notice of requests to disconnect service.
A utility cannot require more than 7 days notice. The utility may require the
customer to pay for service that is actually provided until the customer gives
the required notice, the utility actually disconnects the service, the utility
initiates disconnection procedures for failure to apply for customer status, or
there is an application for service at that location.
C.
When Disconnection Cannot
Occur
Disconnection without the customer's consent cannot occur in
the following situations.
1.
Amount Overdue
The amount overdue stated on the disconnection notice
includes:
a. non-basic utility service
(defined in Section
2(R));
b. amounts owed from a different account,
unless a transfer of the account balance was done according to Section
6(D) or Section
8(K);
c. amounts owed for estimated bills when the
latest bill issued was based on an estimated read, unless the reason for the
estimated bill was a result of the customer unreasonably refusing the utility
access to the customer's premises to read a meter; or d. service provided in
the name or names of persons other than the customer, unless a court or other
administrative agency has determined that the customer is legally obligated to
pay the amount overdue or a transfer of account balance was completed according
to Section
6(D). This paragraph
does not affect the creditor rights and remedies of a utility provided by other
law.
2.
Existence
of Serious Medical Condition
A utility must not disconnect if it has been notified of a
serious medical condition according to Section
11.
D.
Notice Requirements
1.
Without Notice
A utility can disconnect a customer without notice in the
circumstances described in:
a. Section
10(A)(6);
b. Section
10(A)(8);
c. Section 10(A)(9);
or
d. Section
10(B).
2.
14-Day
Notice and 7-Day Notice
A utility must provide residential customers with written
notice of the intent to disconnect at least 14 calendar days before the stated
disconnection date and must provide non-residential customers with written
notice of the intent to disconnect at least 7 calendar days before the stated
disconnection date in the circumstances described in:
a. Section 10(A)(1);
b. Section 10(A)(5); or
c. Section 10(A)(7).
3.
3-Day Notice
A utility must provide written notice of the intent to
disconnect a customer at least 3 business days before the stated disconnection
date in any of the circumstances described in:
a. Section 10(A)(2);
b. Section 10(A)(3);
c. Section 10(A)(4);
d. Section 10(A)(10);
e. Section 10(H); or
4.
Time of Issuance
a. A utility cannot issue a disconnection
notice for the circumstances described in Section 10(A)(1) (failure to pay an
overdue amount) until at least 30 days after the original bill is mailed. A
bill is considered "mailed" on the date it is postmarked. If there is no
postmark, a utility must date and mail the bill on or before that date. A
utility cannot issue a disconnection notice for the circumstances described in
Section 10(A)(2) (broken payment arrangement) and 10(A)(3) (failure to pay a
deposit) until at least one (1) business day after the due date of the
payment.
b. A utility may issue a
disconnection notice for the other circumstances described in Section 10(A) at
any time after the applicable criteria are met.
E.
Disconnection Date
The disconnection date for residential and non-residential
customers stated in the notice must not be a Friday, weekend, legal holiday,
the day before a legal holiday or a day when the utility's office is not open
for public business. The term "legal holiday" is defined in
4 M.R.S.A. Section
1051.
F.
Period of Effectiveness
A disconnection notice is effective for 10 business days
after the disconnection date stated in the notice. If a utility fails to
properly disconnect service within this time frame, the disconnection notice
procedures must be repeated.
G.
Refusal of Access by Customer
If a customer expressly refuses to allow the utility access
to the meter or other fixture or device necessary to accomplish disconnection,
the 10-business day period provided in Section 10(F) above shall begin on the
date of the last refusal by the customer. This provision applies only if the
utility:
1. records the date, time and
manner of each attempt to disconnect service and each express refusal by the
customer to allow access; and
2.
has no other reasonable means to disconnect the customer other than that
refused by the customer.
H.
Payments Returned
1.
Residential Customers
If a residential customer has made a payment that was not
honored by the bank before the expiration of the disconnection notice, the
utility must attempt to obtain payment by alternate means from the customer
before disconnecting service. If a payment is not honored after the expiration
of the disconnection notice, the utility can issue a 3-day disconnection notice
pursuant to Section 10(D)(3) above and require payment by cash or certified
check. A disconnection notice issued as a result of a dishonored payment
supersedes any other pending disconnection notice.
2.
Non-Residential Customers
If a non-residential customer has made a payment that was not
honored by the bank before the expiration of the disconnection notice, the
utility may proceed with disconnection pursuant to Section 10(L) below.
I.
Disconnection
Notice Procedures for Leased or Rented Residential Property
1. A utility cannot disconnect a premises
when it is aware that it is leased or rented at the request of a lessor, owner,
or agent ("landlord") or because the landlord (as a customer) has failed to pay
an overdue amount, unless:
a. the tenant
agrees in writing to the disconnection;
b. the landlord signs a statement that the
premises are vacant;
c. the utility
by personal inspection determines that the premises are vacant; or
d. the utility gives notice as described in
paragraph 2 below.
2. A
utility must post the notice at or near the front and rear entrances to the
building or buildings affected. The notice must, in addition to the applicable
disclosures of Section 10(J) below, inform the tenant how service can be
continued. A utility must either offer the tenant the opportunity to obtain
service in the tenant's name or otherwise assume responsibility for further
payment.
3. The disconnection
notice must be mailed or delivered at least 14 days before the disconnection
date stated in the notice.
4.
Before the actual disconnection of service to a single-meter, multi-unit
building, a utility must:
a. have a rate
schedule approved by the Commission that assesses a reasonable fee for the
collection of an unpaid account balance from the landlord, in addition to an
applicable reconnection fee; and
b.
apply any existing deposit to the current account balance.
5. A utility cannot require the tenant to pay
for any charges incurred by the landlord or demand a deposit or advance payment
based on the landlord's credit history.
6. This subsection also applies if a
municipality requests the utility to disconnect service at a location where the
municipality has temporarily put the service in its name on behalf of the
occupant.
J.
Content of Disconnection Notice
A disconnection notice must be in writing and conspicuously
contain the following information:
1.
the overdue amount or the exact reason for the disconnection if not for an
overdue amount;
2. what the
customer must do to avoid disconnection;
3. the disconnection date and the period for
which the disconnection notice is effective;
4. for residential customers, a statement of
the customer's right to postpone disconnection due to a serious medical
condition of the customer or an occupant and a description of how to postpone
the disconnection according to Section
11;
5. a statement that the customer can avoid
disconnection by negotiating a payment arrangement with affordable monthly
installment payments and that the overdue amount must be paid in a reasonable
period of time. This disclosure is not required if the disconnection notice is
for a broken payment arrangement;
6. information regarding sources of financial
assistance including, but not limited to, 211, the Department of Health and
Human Services, the Community Action Agencies, and local Town or City
government
7. a statement of the
customer's right to submit a dispute before the disconnection date including
the address and toll-free phone number of the CAD;
8. a statement that the customer cannot
submit a dispute to the CAD until the customer has first tried to resolve the
dispute with the utility;
9. a
telephone number that the customer can call to resolve the situation causing
the disconnection and a statement that the call may be made collect from within
the utility's service area, unless a toll free number is offered or calls
within the utility's service area are toll free to the designated telephone
number;
10. a statement of the
reconnection charge, if any; and
11.
a statement of the utility's policy concerning the requirement of a deposit in
the event of disconnection.
K.
Plain Language Disconnection
Notice
Every utility must use a plain language disconnection notice
that complies with the following guidelines:
1. The type size must be no smaller than 10
points high. The typeface (shape of the letters) should be designed to improve
or enhance the visual size of the type. Headlines should be in larger or bold
type. All text should be in capitals and lower case as opposed to ALL IN
CAPITALS;
2. The color of the
disconnection notice and type must avoid problems for persons whose "color
deficient" sight makes all colors appear as shades of gray;
3. The use of reverse-blocks in which letters
appear as white against a black or dark gray background must be avoided;
and
4. The headline on a
disconnection notice must conspicuously be entitled "Disconnection Notice" in
at least 12 point type.
L.
Disconnection Procedures
1.
Time for Residential and
Non-Residential Customers
Disconnection must occur between 8:00 a.m. to 3:00 p.m.
during the effective period of the notice. Disconnection cannot occur on a
Friday, weekend, legal holiday, the day before a legal holiday or a day when
the utility's office is not open for public business. These restrictions can be
varied if:
a. the utility has made
special arrangements with the customer to disconnect at an alternative
time;
b. access to the premises can
only be obtained at an alternative time; or
c. the disconnection is for a reason other
than nonpayment.
2.
Attempt to Contact
A utility must make a reasonable effort to contact the
customer personally before disconnection occurs. This duty is met if the
utility:
a. contacts the customer by
telephone on the date specified in the Notice or during the effective period of
the Notice; or
b. attempts personal
contact with the customer at the time of a premise visit to disconnect.
For utilities that have the ability to remote disconnect,
this duty is met if the utility makes a least two telephone attempts, one
before 5:00 p.m. and one after 5:00 p.m., and the utility provides written
notice of the utility's ability to remote disconnect pursuant to Section
5(F).
3.
Procedure Upon Contact Before
Disconnection
a. If the utility
obtains contact with the customer before disconnection, the utility must
attempt to avoid disconnection. In any case, an authorized utility employee
must explain:
i. the amount overdue or other
reason for the proposed disconnection; and
ii. how the disconnection can be avoided,
including the customer's obligation to pay the overdue amount or enter into an
installment payment arrangement; notifying the customer of the right to file a
dispute with the CAD in the event that the customer is unable to resolve the
issue with the utility; explaining the duty of the customer to pay any portion
of a bill which the customer does not dispute; and asking residential customers
if anyone resides at the location that has a medical condition that would be
seriously aggravated by a loss of utility service. If the answer is "yes," the
employee must explain the process for postponing disconnection due to a serious
medical condition.
b. A
utility employee who visits the premises to disconnect is not required to have
the authority to negotiate or enter into payment arrangements or to accept
payment or make change to avoid disconnection. If the utility employee is not
authorized to fully explain the customer's rights and obligations as described
in paragraph 3(a) above, the employee must offer the customer the opportunity
to communicate with an employee who has this authority before disconnecting the
service. If the utility has already made personal contact with a customer
pursuant to subsection
2 above and the customer has not taken
the necessary steps to avoid disconnection, the utility is not required to
postpone disconnection a second time pursuant to this subsection. If a customer
offers to pay the overdue amount to prevent disconnection, the utility employee
must either:
i. accept payment, give a receipt
and leave the service intact; or
ii. direct the customer to the nearest
location where payment is accepted and postpone disconnection for a reasonable
time.
c. The utility may
assess a reasonable fee pursuant to a rate schedule approved by the Commission
when the overdue amount is paid in the situations described in paragraph b
above.
4.
Post-Disconnection Notice
a. If
disconnection occurs as a result of a premise visit, the utility must post or
deliver a written notice to an occupant of the premises at the time of the
disconnection. The written notice must contain:
i. the address and telephone number of the
utility;
ii. the overdue amount or
other reason for the disconnection;
iii. the requirements for reconnection;
and
iv. the procedure for
residential customers to declare a serious medical
condition.
b. A utility
must mail the written notice required by this subsection within 3 business days
when:
i. a customer's billing location is
different from the service location; or
ii. a premise visit was not required to
disconnect.
