Or. Admin. R. 860-021-0405 - Notice of Pending Disconnection of Residential Electric or Gas Utility Service
(1) When a written
notice is given under these rules:
(a) The
notice must conform to the requirements of OAR 860-021-0010 concerning
multilingual requirements and service on any designated representative;
and
(b) The notice must conform to
the requirements of OAR 860-021-0326 if the energy utility's records show the
billing address is different than the service address or the residence is a
master-metered multi-family dwelling. The notice may be addressed to "tenant"
or "occupant." The envelope must bear a bold notice stating, "Important notice
regarding disconnection of utility service," or words to that effect.
(2) The notice must be printed in
boldface type and must state in language that is as clear and simple as
possible:
(a) The reason for the proposed
disconnection;
(b) The earliest date
for disconnection;
(c) An
explanation of the Commission's complaint process and toll-free number;
and
(d) If the disconnection is for
nonpayment of services rendered, including failure to abide by a time payment
agreement, the notice must also state:
(A) The
amount to be paid to avoid disconnection;
(B) An explanation of the time payment
agreement provisions of OAR 860-021-0415;
(C) An explanation of the medical certificate
provisions of OAR 860-021-0410; and
(D) The name and telephone number of the
appropriate unit of the Department of Human Services or other agencies that may
be able to provide financial assistance.
(3) The energy utility must provide written
notice to the customer at least 20 days before disconnecting residential
service except when the disconnection is made:
(a) At the request of the customer;
(b) For failure to pay a deposit or make
payments in accordance with the terms of a deposit payment
arrangement;
(c) For new customers
within 60 days of the establishment of new service, for use of false
identification to establish service, continue service or verify
identity;
(d) For meter tampering,
diverting service or theft of service; or
(e) For an emergency endangering life or
property under OAR 860-021-0315.
(4) The energy utility may not send a notice
of disconnection for nonpayment of services rendered, including failure to
abide by a time payment agreement, before the due date for payment of a
bill.
(5) The energy utility must
serve the 20-day notice of disconnection in person or send it by first-class
mail or electronically to the customer's last known address. Service is
complete on the date of personal delivery, electronic transmittal, or on the
day after the date of the US Postal Service postmark or postage
metering.
(6) The energy utility
must provide written notice to the customer at least five business days before
disconnecting residential service except when the disconnection is made:
(a) At the request of the customer;
(b) When the facilities provided are unsafe
creating an emergency endangering life or property under OAR
860-021-0315.
(7) The
disconnection notice must inform the customer that service will be disconnected
on or after a specific date and must explain the alternatives and assistance
that might be available as required in section (2) of this rule.
(8) The energy utility must serve the
five-day notice of disconnection in person or send it by first-class mail or
electronically to the customer's last known address. Service is complete on the
date of personal delivery, electronic transmittal, or on the day after the date
of the US Postal Service postmark or postage metering.
(a) If notification is delivered to the
residence, the energy utility must attempt personal contact.
(b) If personal contact cannot be made with
the customer or an adult resident, the energy utility must leave the notice in
a conspicuous place at the residence.
(9) The energy utility must make a good-faith
effort to personally contact the customer or an adult at the residence to be
disconnected on the day the energy utility expects to disconnect service or,
where the service address has remote disconnection capability installed, at
least three business days prior to the day the energy utility expects to
disconnect service:
(a) If contact is made,
either in person or via the telephone, the energy utility must advise the
customer or an adult at the residence of the proposed disconnection;
or
(b) If contact is not made, the
energy utility must:
(A) Leave a notice in a
conspicuous place at the residence informing the customer that service has
been, or is about to be, disconnected; or
(B) Where the service address has remote
disconnect capability installed, attempt to contact the customer at least once,
two days prior to the expected date of disconnection. If contact is attempted
via telephone and an answering machine or service is available, the utility
must leave a message informing the customer of the proposed
disconnection.
(10) When an energy utility has an in-person
or telephone conversation with the customer or an adult at the residence under
this rule, and the circumstances are such that a reasonable person would
conclude the customer or an adult at the residence does not understand the
possible consequences of disconnection, the utility must:
(a) Notify the Department of Human Services
and the Commission; and
(b) Delay
the proposed disconnection date for five additional business days.
(11) When the energy utility makes
personal contact under this rule, the utility's representative making contact
may be empowered to accept reasonable partial payment of the overdue balance
under the time-payment provisions of OAR 860-021-0415. If an energy utility has
a policy to not allow collections at the door, the utility representative shall
attempt to notify the customer of methods to pay the outstanding balance or a
reasonable partial payment to prevent disconnection. The energy utility shall
delay disconnection as determined by the utility and notify the customer in
such case that they have a minimum of 24 hours for the eustemer to contact the
energy utility and make adequate payments.
(12) An energy utility must document its
efforts to provide notice under this rule and make that documentation available
to the customer and the Commission upon request.
Notes
Statutory/Other Authority: ORS 183, ORS 756 & ORS 757
Statutes/Other Implemented: ORS 756.040 & ORS 757.760
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) When a written notice is given under these rules:
(a) The notice must conform to the requirements of OAR 860-021-0010 concerning multilingual requirements and service on any designated representative; and
(b) The notice must conform to the requirements of OAR 860-021-0326 if the energy utility's records show the billing address is different than the service address or the residence is a master-metered multi-family dwelling. The notice may be addressed to "tenant" or "occupant." The envelope must bear a bold notice stating, "Important notice regarding disconnection of utility service," or words to that effect.
(2) The notice must be printed in boldface type and must state in language that is as clear and simple as possible:
(a) The reason for the proposed disconnection;
(b) The earliest date for disconnection;
(c) An explanation of the Commission's complaint process and toll-free number; and
(d) If the disconnection is for nonpayment of services rendered, including failure to abide by a time payment agreement, the notice must also state:
(A) The amount to be paid to avoid disconnection;
(B) An explanation of the time payment agreement provisions of OAR 860-021-0415;
(C) An explanation of the medical certificate provisions of OAR 860-021-0410; and
(D) The name and telephone number of the appropriate unit of the Department of Human Services or other agencies that may be able to provide financial assistance.
(3) The energy utility must provide written notice to the customer at least 15 days before disconnecting residential service except when the disconnection is made:
(a) At the request of the customer;
(b) For failure to pay a deposit or make payments in accordance with the terms of a deposit payment arrangement;
(c) For new customers within 60 days of the establishment of new service, for use of false identification to establish service, continue service or verify identity;
(d) For meter tampering, diverting service or theft of service; or
(e) For an emergency endangering life or property under OAR 860-021-0315.
(4) The energy utility may not send a notice of disconnection for nonpayment of services rendered, including failure to abide by a time payment agreement, before the due date for payment of a bill.
(5) The energy utility must serve the 15-day notice of disconnection in person or send it by first-class mail to the customer's last known address. Service is complete on the date of personal delivery or on the day after the date of the US Postal Service postmark or postage metering.
(6) The energy utility must provide written notice to the customer at least five business days before disconnecting residential service except when the disconnection is made:
(a) At the request of the customer;
(b) When the facilities provided are unsafe creating an emergency endangering life or property under OAR 860-021-0315.
(7) The disconnection notice must inform the customer that service will be disconnected on or after a specific date and must explain the alternatives and assistance that might be available as required in section (2) of this rule.
(8) The energy utility must serve the five-day notice of disconnection in person or send it by first-class mail to the customer's last known address. Service is complete on the date of personal delivery or on the day after the date of the US Postal Service postmark or postage metering.
(a) If notification is delivered to the residence, the energy utility must attempt personal contact.
(b) If personal contact cannot be made with the customer or an adult resident, the energy utility must leave the notice in a conspicuous place at the residence.
(9) The energy utility must make a good-faith effort to personally contact the customer or an adult at the residence to be disconnected on the day the energy utility expects to disconnect service or, where the service address has remote disconnection capability installed, at least three business days prior to the day the energy utility expects to disconnect service:
(a) If contact is made, either in person or via the telephone, the energy utility must advise the customer or an adult at the residence of the proposed disconnection; or
(b) If contact is not made, the energy utility must:
(A) Leave a notice in a conspicuous place at the residence informing the customer that service has been, or is about to be, disconnected; or
(B) Attempt to contact the customer at a service address where remote disconnect capability is installed via the telephone at least twice a day for the three consecutive days prior to the proposed disconnection, and at least one call must be placed during the morning or afternoon (8:00 am to 5:00 pm) and another call placed during early evening (6:00 pm to 8:00 pm). Where an answering machine or service is available, the utility must leave a message at the end of each calling day informing the customer of the proposed disconnection. Initial implementation of section (9)(b)(B) may not occur during the winter heating season (November 1 through April 30).
(10) When an energy utility has an in-person or telephone conversation with the customer or an adult at the residence under this rule, and the circumstances are such that a reasonable person would conclude the customer or an adult at the residence does not understand the possible consequences of disconnection, the utility must:
(a) Notify the Department of Human Services and the Commission; and
(b) Delay the proposed disconnection date for five additional business days.
(11) When the energy utility makes personal contact under this rule, the utility's representative making contact is empowered to accept reasonable partial payment of the overdue balance under the time-payment provisions of OAR 860-021-0415.
(12) An energy utility must document its efforts to provide notice under this rule and make that documentation available to the customer and the Commission upon request.
Notes
Statutory/Other Authority: ORS 183, 756, 757
Statutes/Other Implemented: ORS 756.040, 757.760