(a) Except when
authorized under §
56.311, §
56.312 or §
56.338 (relating to interruption
of service; discontinuance of service; and exception for terminations based on
occurrences harmful to person or property), a public utility may not interrupt,
discontinue or terminate service without personally contacting the customer or
a responsible adult occupant in person, by telephone or electronically with the
customer's consent to provide notice of the proposed termination at least 3
days prior to the interruption, discontinuance or termination, in addition to
providing other notice as specified by the properly filed tariff of the public
utility or as required under this chapter or other Commission
directive.
(b) For purposes of this
section, "personal contact" means:
(1)
Contacting the customer or responsible adult occupant in person or by
telephone. Phone contact shall be deemed complete upon attempted calls on 2
separate days to the residence between 8 a.m. and 9 p.m. if the calls were made
at various times each day, with the various times of the day being daytime
before 5 p.m. and evening after 5 p.m. and at least 2 hours apart. Calls made
to contact telephone numbers provided by the customer shall be deemed to be
calls to the residence.
(2) If
contact is attempted in person by a home visit, only one attempt is required.
The public utility shall conspicuously post a written termination notice at the
residence if it is unsuccessful in attempting to personally contact a
responsible adult occupant during the home visit.
(3) Contact by e-mail, text message or other
electronic messaging format consistent with the Commission's privacy guidelines
and approved by Commission order. The electronic notification option is
voluntary and shall only be used if the customer has given prior consent
approving the use of a specific electronic message format for the purpose of
notification of a pending termination. Electronic contact shall be deemed
complete if, after attempted transmittal, no message is received indicating
that the transmittal was undeliverable or otherwise not received. If the public
utility receives notification that the transmittal was undeliverable or
otherwise not received, the public utility shall attempt to contact the
customer either in person or by telephone, consistent with the requirements of
this section.
(4) Contacting
another person whom the customer has designated to receive a copy of a notice
of termination, other than a member or employee of the Commission.
(5) If the customer has not made the
designation noted in paragraph (4), contacting a community interest group or
other entity, including a local police department, which previously shall have
agreed to receive a copy of the notice of termination and to attempt to contact
the customer.
(6) If the public
utility is not successful in establishing personal contact and the customer has
not made the designation noted in paragraph (4) and if there is no community
interest group or other entity which previously has agreed to receive a copy of
the notice of termination, contacting the Commission in writing.
(c) The content of the 3-day
personal contact notice must include the earliest date at which termination may
occur and all of the following information:
(1) The date and grounds of the
termination.
(2) What is needed to
avoid the termination of service.
(3) How to contact the public utility and the
Commission.
(4) The availability of
the emergency medical procedures.
(d) The public utility shall ask if the
customer or occupant has questions about the 10-day written notice the public
utility previously sent.
