Section
3.401 Definitions
The following definitions apply
to Rule 3. 400:
(A)
Disconnection: deliberate interruption or disconnection of utility
service to a ratepayer by the serving utility, not including
disconnection at the request of or with the permission of the
ratepayer.
(B)
Delinquency: failure of the ratepayer to tender payment for a valid
bill or charge (1) within thirty days of the postmark date of that
bill or charge, or (2) by a "due date" at least thirty days after
mailing, which shall be printed on the bill and which shall control
in the absence of a postmark.
(C) Notice: except where otherwise
provided or where the context otherwise requires, notice shall mean
written notice on a form approved by the Board, mailed or delivered
within forty days after delinquency, but not more than twenty days,
nor less than fourteen days -- seven if the ratepayer has failed to
abide by the terms of an extended repayment plan -- prior to the
disconnection of service. Where payment has been made by a check or
other instrument which is subsequently dishonored, then the number of
days between delivery to the utility of the dishonored instrument and
receipt by the utility of notice of dishonor may be deducted from the
minimum number of days prior to disconnection that notice must be
sent, but in no event may that minimum number of days be less than
four.
(D) Payment of
Bill: receipt at the company's business office or authorized payment
agency of cash or of a check or other instrument which is
subsequently honored.
(E)
Business Days: Monday through Thursday, excluding Vermont legal
holidays and any other time, or the day before such time, when the
Company's business offices are not open to the public.
Section 3.402 General
Rule
Except at the request of the ratepayer or upon order of the
Board, no utility shall disconnect cable television service or
non-residential gas, electric, or water service unless payment of a
valid bill or charge is delinquent as defined herein, and notice of
disconnection has been provided previously to the ratepayer.
(A) This rule shall not apply to
any disconnection or interruption of services made necessary for
reasons of health or of safety of the ratepayer or the general
public.
(B) Disconnection
shall not be permitted if the delinquency is due solely to a disputed
portion of a charge which has been referred to the Board by the
ratepayer or the utility, and the Board has advised the utility not
to disconnect service.
(C) Any utility may elect, at its
option, to offer an extended repayment plan for delinquent bills
and/or a budget plan for future bills to ratepayers covered by this
rule.
Section
3.403 Disconnection Notice Form
The notice form
required under Section
3.
402, and defined in Section
3.
401, shall contain at least the following information:
(A) a statement that the
ratepayer's account is delinquent, a statement of the amount of the
delinquency, and a statement that service will be disconnected
unless:
(1) the delinquency is paid
in full by a certain date;
(2) the ratepayer submits any
disputed portion of the charge to the Board and the Board orders the
utility not to disconnect service; or
(3) if the utility offers an
extended repayment plan for delinquent bills, the ratepayer enters
into such a plan;
(B) the dates and times of day when
the utility may disconnect service if the ratepayer does not take any
of the actions as described in Section 3.403(A) above;
(C) the names or positions,
addresses, telephone numbers and business hours of company
representatives with whom the ratepayer may discuss the delinquency
or to whom the ratepayer may make an inquiry or complaint;
(D) the address, telephone numbers,
including the toll-free number, and business hours of the Consumer
Affairs Division of the Department of Public Service, and a statement
that, in addition to providing assistance or advice, the Division can
provide information as to how to submit the Board a dispute over the
existence of a delinquency;
(E) the itemized cost that may be
charged to the ratepayer for disconnection, collection and later
restoration of service and, if a deposit may be required for
restoration of service, an explanation of how the amount will be
calculated, and,
(F) any
other information not inconsistent with the above and which has
received prior approval of the Board.
Section 3.404 Time and Notice of
Disconnection
Disconnection of utility service shall occur only
between the hours of 8:00 A.M. and 2:00 P.M. of the business day,
specified on the notice of disconnection, or within four business
days thereafter; provided, however, if a company has available
personnel authorized to reconnect service and enter into arrangements
on behalf of the utility until 8:00 P.M. of a normal business day,
the utility may disconnect service between the hours of 8:00 A.M. and
5:00 P.M.
When service is disconnected or interrupted at the
premises of the ratepayer, which shall include disconnection or
interruption at a pole at or near the premises of the ratepayer, the
individual making the disconnection shall immediately inform a
responsible adult on the premises that service has been disconnected
or interrupted, or if no responsible adult is then present, shall
leave on the premises in a conspicuous and secure place a
notification advising that service has been disconnected or
interrupted and what the ratepayer has to do to have service
restored.
Section
3.405 Restoration of Service
If service has been
disconnected or interrupted, the company shall within twenty-four
hours restore service upon the ratepayer's request when the cause for
disconnection of service has been removed, when an agreement has been
reached between the ratepayer and the company regarding the dispute
which led to the disconnection or when directed to do so by the
Board. Restoration of service, to the extent feasible, shall be done
so as to avoid charging ratepayers for overtime wages and other
abnormal expenses.
Section
3.406 Filing Requirements
Within thirty days after
the effective date of this rule, all utilities subject to its
provisions shall submit to the Board for its review a copy of its
disconnection notice form.None Provided
