A public utility may require an existing customer to
post a deposit to reestablish credit under the following circumstances:
(1)
Delinquent accounts.
Whenever a customer has been delinquent in the payment of any two consecutive
bills or three or more bills within the preceding 12 months.
(i) Prior to requesting a deposit under this
section, the public utility shall give the customer written notification of its
intent to request a cash deposit if current and future bills continue to be
paid after the due date.
(A) Notification
must clearly indicate that a deposit is not required at this time but that if
bills continue to be paid after the due date a deposit will be
required.
(B) Notification may be
mailed or delivered to the customer together with a bill for public utility
service.
(C) Notification must set
forth the address and phone number of the public utility office where
complaints or questions may be registered.
(D) A subsequent request for deposit must
clearly indicate that a customer should register any question or complaint
about that matter prior to the date the deposit is due to avoid having service
terminated pending resolution of a dispute. The request must also include the
address and telephone number of the public utility office where questions or
complaints may be registered.
(ii) Except in the case of adjustments to
budget billing plans, a public utility may issue a notification or subsequent
request for a deposit based, in whole or in part, on a delinquent account
arising out of a make-up bill as defined in §
56.264 (relating to previously
unbilled public utility service), under the following conditions:
(A) The public utility has complied with §
56.264. Compliance with a payment
agreement by the customer discharges the delinquency and a notification or
request for deposit may not thereafter be issued based on the make-up
bill.
(B) If a make-up bill exceeds
the otherwise normal estimated bill by at least 50% and if the customer makes
payment in full after the bill is delinquent but before a notification of
intent to request a deposit is given to the customer, a notification or request
for deposit may not thereafter be issued based on the make-up
bill.
(2)
Condition to the reconnection of service. A public utility may
require a deposit as a condition to reconnection of service following a
termination.
(3)
Failure to
comply with payment agreement. A public utility may require a deposit,
whether or not service has been terminated, when a customer fails to comply
with a material term or condition of a payment agreement.
(4)
Cash deposit
prohibition. A public utility may not require a customer that, based
upon household income, is confirmed to be eligible for a customer assistance
program to provide a cash deposit. A customer is confirmed to be eligible for a
customer assistance program by the public utility when the customer provides
income documents or other information that he or she is eligible for State
benefits based upon household income eligibility requirements that are
consistent with those of the public utility's customer assistance
programs.
Notes
The
provisions of this § 56.291 amended May 31, 2019, effective
6/1/2019, 49 Pa.B.
2815.
The provisions of this § 56.291 amended under the
Public Utility Code,
66 Pa.C.S. §
§
501,
1301,
1401-1419,
1501 and
1509.
This section cited in 52 Pa. Code §
56.288 (relating to payment period
for deposits by applicants); 52 Pa. Code §
56.292 (relating to payment period
for deposits by customers); 52 Pa. Code §
56.302 (relating to deposit hold
period and refund); and 52 Pa. Code §
56.323 (relating to unauthorized
termination of service).
