52 Pa. Code § 56.340 - Winter termination procedures

Notwithstanding any provision of this chapter, during the period of December 1 through March 31, public utilities subject to this subchapter shall conform to the provisions of this section. The covered public utilities may not terminate service between December 1 and March 31 except as provided in this section or § 56.338 (relating to exception for terminations based on occurrences harmful to person or property).

(1) Termination notices. The public utility shall comply with § § 56.331-56.335 including personal contact, as defined in § 56.333 (relating to personal contact), at the premises if occupied.

(2) Request for permission to terminate service. If at the conclusion of the notification process defined in § § 56.331-56.335, a reasonable agreement cannot be reached between the public utility and the customer, the public utility shall register with the Commission, in writing, a request for permission to terminate service, accompanied by a public utility report as defined in § 56.382 (relating to contents of the public utility company report). At the same time, the public utility shall serve the customer a copy of the written request registered with the Commission.

(3) Informal complaints. If the customer has filed an informal complaint or if the Commission has acted upon the public utility's written request, the matter shall proceed under § § 56.391-56.394 (relating to informal complaint procedures). Nothing in this section may be construed to limit the right of a public utility or customer to appeal a decision by the Bureau of Consumer Services (BCS) under 66 Pa.C.S. § 701 (relating to complaints) and § § 56.401-56.403 and 56.441.

(4) Survey of premises previously terminated. For premises where heat related service has been terminated prior to December 1 of each year, covered public utilities shall, within 90 days prior to December 1, survey and attempt to make post-termination personal contact with the occupant or a responsible adult at the premises and in good faith attempt to reach an agreement regarding payment of any arrearages and restoration of service.

(5) Reporting of survey results. Public utilities subject to this subchapter shall file a brief report outlining their pre-December 1 survey and personal contact results with the BCS on or before December 15 of each year. Each public utility shall update the survey and report the results to the BCS on February 1 of each year to reflect any change in the status of the accounts subsequent to the December 15 filing including any accounts terminated in December. For the purposes of the February 1 update of survey results, the public utility shall attempt to contact by telephone, if available, a responsible adult person or occupant at each residence in a good faith attempt to reach an agreement regarding payment of any arrearages and restoration of service.

(6) Landlord ratepayer accounts. During the period of December 1 through March 31, a public utility subject to this subchapter may not terminate service to a premises when the account is in the name of a landlord ratepayer as defined at 66 Pa.C.S. § 1521 (related to definitions) except for the grounds in § 56.338.

(7) Reporting of deaths at locations where public utility service was previously terminated. Throughout the year, public utilities subject to this subchapter shall report to the Commission when, in the normal course of business, they become aware of a household fire, incident of hypothermia or carbon monoxide poisoning or another event that resulted in a death and that the public utility service was off at the time of the incident. Within 1 working day of becoming aware of an incident, the public utility shall submit a telephone or electronic report to the Director of the BCS including, if available, the name, address and account number of the last customer of record, the date of the incident, a brief statement of the circumstances involved and, if available from an official source or the media, the initial findings as to the cause of the incident and the source of that information. The BCS or Commission may request additional information on the incident and the customer's account. Information submitted to the Commission in accordance with this paragraph shall be treated in accordance with 66 Pa.C.S. § 1508 (relating to reports of accidents) and may not be open for public inspection except by order of the Commission, and may not be admitted into evidence for any purpose in any suit or action for damages growing out of any matter or thing mentioned in the report.

Notes

52 Pa. Code § 56.340

The provisions of this § 56.340 amended May 31, 2019, effective 6/1/2019, 49 Pa.B. 2815.

The provisions of this § 56.340 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 1401-1419, 1501 and 1509.