Or. Admin. Code § 860-021-0407 - [Effective until 10/24/2025] Severe Weather Moratorium on Involuntary Disconnection of Residential and Small Commercial Electric or Gas Utility Service for Nonpayment
(1) Except as set forth in section (10) of
this rule, an energy utility must put into effect a moratorium on the
disconnection of residential service for nonpayment from November through March
on any day a temperature of less than 32 degrees Fahrenheit is forecasted by
the applicable weather reporting service or a winter storm warning indicating
weather conditions pose a threat to life or property is issued by the
applicable weather reporting service.
(2) An electric utility must put into effect
a moratorium on the disconnection of residential service for nonpayment on any
day during which the National Weather Service has issued an Extreme Heat
Warning, Extreme Heat Watch, or Heat Advisory.
(3) An energy utility must put into effect a
moratorium on the disconnection of residential and small commercial service for
nonpayment when the Air Quality Index is at or above 100 as issued on the
website AirNow.gov or a similar air quality reporting service that may be
designated by the utility.
(4) Any
moratorium activated as a result of section (1) of this rule must remain in
effect at least through the start of the next business day.
(5) Any moratorium activated by an electric
utility as a result of section (2) of this rule must remain in effect for at
least 48 hours after the qualifying heat event.
(6) Any moratorium activated by an electric
utility as a result of section (3) of the rule must remain in effect for at
least 24 hours after the qualifying air quality index event.
(7) For purposes of section (1) of this rule,
an energy utility must base the need for a moratorium on data available from
the National Weather Service or another weather reporting service that may be
designated by the utility.
(8) An
energy utility need only apply a moratorium to the geographic area that meets
the conditions in sections (1) to (3) of this rule.
(9) The energy utility must obtain the
required forecast data no later than 8:00 a.m. each business day.
(10) For purposes of implementing sections
(1) and (3) of this rule, each energy utility must notify the Commission's
Consumer Services Section which weather reporting service and air quality
service it will utilize in each geographic area served by the utility in
complying with the requirements of this rule; and the energy utility must
notify the Commission's Consumer Services Section upon choosing a different
weather reporting service.
(11)
Upon request from a customer who has been disconnected for nonpayment within
the previous 72 hours of a severe weather or air quality condition outlined in
sections (1), (2), and (3) of this rule, an energy utility must make best
efforts to reconnect service. The energy utility may apply reconnection fees
authorized in OAR 860-021-0330 to any reconnection except where the customer
qualifies for a waiver.
(12) Upon
request from an electric utility's customer who is either a medical certificate
holder under OAR 860-021-0410 or a participant in the utility's income
qualified bill discount program, and who was disconnected within the previous
seven days under sections (2) or (3) of this rule, the electric utility must
make best efforts to reconnect service. The electric utility may apply
reconnection fees authorized in OAR 860-021-0330 except where the customer
qualifies for a waiver.
(13) The
temperature threshold specified in section (1) of this rule does not apply if
an energy utility offers a Commission-approved winter protection
program.
Notes
Statutory/Other Authority: ORS 756.060
Statutes/Other Implemented: ORS 756.040
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(1) Except as set forth in section (11) of this rule, an energy utility must put into effect a moratorium on the disconnection of residential service for nonpayment from November through March during the 24 hours preceding and on any day a temperature of less than 32 degrees Fahrenheit is forecasted by the applicable weather reporting service or a winter storm warning indicating weather conditions pose a threat to life or property is issued by the applicable weather reporting service.
(2) Except as set forth in section (11) of this rule, an electric utility must implement a date-based moratorium prohibiting the disconnection of service from the effective date of this rule through March 31 for households with a customer who:
(a) Is enrolled in the utility 's income-qualified bill discount program; or
(b) Is a medical certificate holder under OAR 860-021-0410.
(3) An electric utility must put into effect a moratorium on the disconnection of residential service for nonpayment on any day a local Heat Advisory is issued by the applicable weather reporting service.
(4) An energy utility must put into effect a moratorium on the disconnection of residential and small commercial service for nonpayment when the Air Quality Index is at or above 100 as issued on the website AirNow.gov or a similar air quality reporting service that may be designated by the utility .
(5) Any moratorium activated as a result of section (1), (3), or (4) of this rule must remain in effect at least through the start of the next business day.
(6) For purposes of sections (1) and (3) of this rule, an energy utility must base the need for a moratorium on data available from the National Weather Service or another weather reporting service that may be designated by the utility .
(7) An energy utility need only apply a moratorium to the geographic area that meets the conditions in sections (1), (3) and (4) of this rule.
(8) The energy utility must obtain the required forecast data no later than 8:00 a.m. each business day.
(9) Each energy utility must notify the Commission's Consumer Services Section which weather reporting service and air quality service it will utilize in each geographic area served by the utility in complying with the requirements of this rule; and the energy utility must notify the Commission's Consumer Services Section upon choosing a different weather reporting service.
(10) Upon request from a customer who has been disconnected for nonpayment within the previous 72 hours of a severe weather or air quality condition outlined in sections (1), (3), and (4) of this rule, an energy utility must make best efforts to reconnect service. The energy utility may apply reconnection fees authorized in OAR 860-021-0330 to any reconnection.
(11) Sections (1) and (2) of this rule do not apply if an energy utility offers a Commission-approved winter protection program.
Notes
Statutory/Other Authority: ORS 183, ORS 756.040, ORS 756.060 & ORS 757.035
Statutes/Other Implemented: ORS 757.035, ORS 757.230 & ORS 757.695