S.D. Admin. R. 20:10:20:03 - Nonpayment of past due bills as reason for disconnection

Following is a list of conditions, all of which must be satisfied before a customer may be disconnected for nonpayment of a bill:

(1) Only the class of service for which payment is past due can be disconnected;

(2) The customer has received a payment period of not less than 20 days from billing transmittal date to due date and an additional notice period of not less than 10 days during which the particular bill has been owing. The payment period may be shortened if the customer has been properly placed on an early payments list. The payment period may also be waived in cases of customer fraud or illegal use or when it is clear that the customer has left or is preparing to leave without paying a past due bill;

(3) The customer has received written notice of the utility's intention to disconnect, which notice has been either mailed or delivered to the address to which bills are customarily sent or the address where the service is provided. In the case of a customer's first disconnection, the utility shall provide personal notice by either telephone, visit, or certificate of mailing. The written notice and personal notice shall contain a statement of the customer's right to appeal and where to appeal the decision to disconnect. The utility shall make every reasonable effort to provide notice of a pending disconnection;

(4) The customer, especially if the customer claims inability to pay or extenuating circumstances, is unwilling to enter into a reasonable agreement with the utility to liquidate the debt;

(5) There is no bona fide and just dispute surrounding the bill. A dispute may not be defined as bona fide and just if a customer does not pay the undisputed portion of a bill and does not contact the commission with the unresolved dispute within 10 working days after the disconnect notice was sent; and

(6) If the customer is receiving gas and electric service from the same utility, the utility shall make every reasonable effort to inform the customer that the customer may have payments applied to either the gas or electric portion of a bill in order to avoid the disconnection of that service. The utility shall also provide the customer with a breakdown of the customer's current gas and electric charges. If the customer then requests that payments be applied in part or in whole to preserve either gas or electric service, the utility shall act in accordance with the customer's designation and the utility shall not thereafter disconnect that customer's gas or electric service if payment for that service is made in full.

Notes

S.D. Admin. R. 20:10:20:03

3 SDR 2, effective 7/19/1976; 12 SDR 86, effective 11/24/1985; 12 SDR 151, 12 SDR 155, effective 7/1/1986.

General Authority: SDCL 49-34A-4.

Law Implemented: SDCL 49-34A-3, 49-34A-4, 49-34A-27.