30-3300 Code Vt. R. 30-000-3300-X - DISCONNECTION OF RESIDENTIAL GAS, ELECTRIC, AND WATER SERVICE

3.301 Definitions. For the purposes of this rule, the following definitions apply:

(A) Aggregate Data: Customer account information from which all identifying information has been removed such that the data or information cannot be associated with a given customer without extraordinary effort.

(B) Business Days: Monday through Thursday, excluding Vermont legal holidays and any other day, when the company's business offices are not open to the public, and any day preceding a day the company's business offices are not open to the public.

(C) Delinquency: Failure of the customer to tender payment for a valid bill within 30 days from the verifiable transmittal of the bill. The "due date" must be printed on the bill. Should the utility instead choose to establish delinquency as failure to tender payment by the "due date," that "due date" must be at least 30 days from transmittal of the bill.

(D) Disconnection: The serving utility's intentional termination of a customer's utility service by any methods such as remotely via advanced metering infrastructure or physically on premises or at the pole. Disconnection includes interruption or limitation of service but does not include cessation of service made at the request of or with the permission of the customer or interruptions of service that are necessary for maintenance or repairs conducted by the utility.

(E) Notice: Written notice of disconnection that is delivered to the customer on a form approved by the Commission, except where otherwise provided, or by electronic notice, mailed or electronically transmitted within 40 days after delinquency but not more than 20 days, nor less than 14 days before the first date on which disconnection of service, whether remote or on premises, may occur. If payment has been made by a check or other instrument that is subsequently dishonored, then the number of days between delivery to the utility of the dishonored instrument and receipt by the utility of the notice of dishonor may be deducted from the minimum number of days before disconnection that notice must be sent, but in no event may that minimum number of days be less than four.

(F) Payment of a bill: Receipt at the company's business office or authorized payment agency of cash or of a check or other instrument that is subsequently honored.

(G) Physician's Certificate: A written statement by a duly licensed physician certifying that a customer or resident within the customer's household would suffer an immediate and serious health hazard due to the disconnection of utility service, or by failure to reconnect service, to that household. The certificate will be valid for 30 days, or the duration of the hazard, whichever is less, and may be renewed once. Use of a physician's certificate by a customer to prevent disconnection or to cause a reconnection is limited to two consecutive 30-day periods and must not exceed three 30-day periods in any calendar year, except upon written order of the Commission.

(H) Transmit: An act of the utility to convey any document, bill, or notice to a customer. Transmittal may be accomplished through verifiable means such as postal mail, in-person visits, or electronic transfer. Electronic transfer may include email, text message, app click-through, and other routine electronic message platforms.

3.302 General Rule. Except at the request of the ratepayer or upon order of the Commission, no utility shall disconnect residential service of gas, electric, or water unless payment of a valid bill or charge is delinquent and notice of disconnection has been furnished to the ratepayer, as provided in this rule.

(A) Disconnections for Health or Safety Reasons. This rule shall not apply to any disconnection or interruption of service made necessary for reasons of health or safety of the ratepayer or the general public.

(B) Exceptions. The following exceptions shall not apply to payment(s) of deposits, but shall apply to the general rule of this section. Disconnection shall not be permitted if:

(1) the company bills at least as frequently as once every two months, and the delinquent bill or charge, or aggregate delinquent bills and charges, do not exceed $ 50.00, provided that this exception may not be used for more than two billing cycles in one calendar year;

(2) the only charges or bills constituting the delinquency are more than two years old;

(3) the delinquency is due solely to a disputed portion of a charge that has been referred to the Commission by the customer or the company, and the Commission has advised the company not to disconnect service;

(4) the delinquency is due to a failure to pay a line extension, special construction charge, or other non-recurring charge except that this exception does not apply to reconnection charges, or charges for personal visits to collect delinquent accounts;

(5) the disconnection would represent an immediate and serious hazard to the health of the customer or a resident within the customer's household, as set forth in a physician's certificate furnished to the company. (Notice by telephone or otherwise that such certificate will be forthcoming will have the effect of receipt, provided that the certificate is in fact received within seven days.); or

(6) the customer has not been given an opportunity to enter into (a) a reasonable repayment plan or, having entered into such a plan, has substantially abided by its terms in accordance with Section 3.305 (A); and (b) in the case of gas and electric utilities, a monthly installment plan for the payment of future bills.

(C) Disconnection of Rental Units.

(1) If a customer requests that service be disconnected, the electric, gas, or water company must ask whether a tenant resides in the dwelling unit. An electric, water, or gas company may not disconnect a dwelling unit at the request of a lessor, owner, or agent ("landlord") or because the landlord (as a customer) has failed to pay an overdue amount, if it has reason to believe the dwelling is rented and unless the utility gives notice as described below.

A company must make every reasonable attempt with respect to each potentially affected dwelling unit to deliver a notice three days before the scheduled disconnection to at least one adult occupant of that dwelling unit or mail a notice to the tenant of that dwelling unit. In buildings where service to two or more units is to be disconnected because of a landlord's request or non-payment, the utility must also post the notice in a secure and obvious place in the affected building or buildings.

The notice must, in addition to the applicable disclosures of Section 3.303, inform the tenant how service can be continued. Notwithstanding the provisions of Section 3.301(C), a disconnection notice containing a newly established disconnection date must be provided to the tenant at least ten days before the newly established disconnection date. If the disconnection is due to the failure of the landlord to pay an overdue amount, the landlord must be responsible for usage during the additional ten-day notice period.

A utility must offer the tenant the opportunity either to obtain service in the tenant's name or to otherwise assume responsibility for further payment. If the building has a single master meter for the whole building, the utility must make arrangements where possible to provide individual meters to separate dwelling units.

Where the wiring and metering arrangements allow, the utility must provide service upon request of the tenant. The utility may not require the tenant to pay any of the bill owed to the utility by the landlord.

If the utility disconnects a household because it is not aware that the household is occupied by the tenant, and the landlord is responsible for payment of the utility bill, the utility must reinstate service upon notification from the tenant. Under such circumstances, the utility may not require advance payment of any deposit, and the customer must have the option of paying the deposit, if required, in three equal payments, with one-third due in 15 days, one-third due in 30 days, and one-third due in 60 days.

(2) A utility must provide notice to the property owner of residential rental property if utility service to the property has been disconnected, even if the tenant is the customer, for the purpose of promoting safety, the protection of property, and aid to tenants.

(a) Property owners must contact the utility to provide their contact information, and it is the property owner's responsibility to contact the utility to maintain up-to-date contact information. Utilities must retain contact information provided by property owners of residential rental locations.

(b) Property owners may authorize an appropriate third-party representative for notice and provide such contact information as the utility deems necessary. However, utilities may not impose any significant paperwork burden. A utility may reasonably request proof of ownership such as a copy of a deed or tax bill if the property owner is not otherwise known to the utility.

(3) A utility must provide notice to a property owner of any residential rental property once by phone, text, or email before 3:00 p.m. on the day of disconnection of gas, electric, or water service to any residential property for which the property owner has provided contact information for such purposes.

(a) The notice must not include any personally identifiable information about the tenant at the disconnected location, or the tenant's account if the tenant is the customer, except that the utility may disclose information necessary to enable the property owner or other applicable third party to reconnect utility service to the property.

(b) A utility may not disclose, sell, or transfer any personally identifying individual or aggregate data to a landlord or third-party property manager without the consent of the customer, unless otherwise provided for by law.

(c) Customer information that is specifically prohibited from disclosure includes customer names, telephone numbers, personally identifying electricity or gas account numbers, usage, and personally identifying payment history.

(4) A follow-up written notice of disconnection of service(s) must be mailed to the property owner of any residential rental property within two business days of disconnection of gas, electric, or water service if the property owner and/or property manager has provided contact information and has requested written notice. This notice requirement may be satisfied if the utility contacts the property owner by phone or electronically via email or SMS text message if the property owner consents to electronic delivery. The written notice must include:

(a) The title of a utility representative with whom the property owner may make an inquiry or complaint. The contact information and business hours of the company representative(s) must also be included.

(b) The address, telephone numbers (including the toll-free number), website, email address, and business hours for the Department of Public Service, Consumer Affairs and Public Information Division ("CAPI"). A statement must be included which explains that CAPI can help customers negotiate with utilities or assist with filing a dispute with the Public Utility Commission.

(c) The itemized fees that may be charged to the property owner for the restoration of service. If a deposit may be required for restoration of service, then the utility must provide an explanation of how the amount will be calculated.

(d) The notice provided pursuant to subparagraph (2) above must inform the property owner of the option to receive a follow-up written notice and that the additional notice may be subject to a reasonable fee.

(D) Budget Billing Plans. Each gas and electric utility shall offer budget payment plans to a customer at a primary residence, as defined in PUC Rule 3.201 in accordance with the following:

(1) The plan must be designed to reduce fluctuations in the customer's bills due to seasonal patterns of consumption and seasonal rates.

(2) A customer may elect to participate in the budget billing plan at any time of year. A budget payment plan must be based on the customer's recent 12-month consumption, adjusted for known changes, including anticipated length of occupancy. If 12 months of billing data are not available for the customer, then 12 months of billing data for the premises must be used. If 12 months of billing data are not available for the premises, then the utility must estimate the future consumption over the next 12-month period. Each plan must ensure that bills clearly identify consumption and state the amounts that would be due without budget billing.

(3) The monthly payment due must not exceed one-twelfth of the annual estimated bill, or the estimated average monthly amount for customers who expect to be in a dwelling for less than one year, as defined in subsection (D)(2) of this section. Between three and six months after the payment plan is initiated, the utility must compare the payment plan bill with projected energy consumption and must make adjustments necessary to minimize under or over-payment by the customer. Between six and nine months after the payment plan is initiated, the utility may compare the payment plan with the projected energy consumption and if the difference exceeds 10% of the estimated annual consumption, the utility may adjust the monthly payment amount. Additionally, the utility must reconcile a customer's budget payment plan 12 months after initiating the customer's plan and annually thereafter either on the anniversary of the initiation of the plan or at a set time of the year as filed in the utility's tariff. If the amount of the deficit exceeds $ 50.00, the customer must have the option of paying any budget plan deficit in 12 equal monthly installments during the ensuing 12 months.

(4) Any customer who applies for the plan and has a delinquent balance must have the right to pay the delinquency in an extended repayment plan concurrent with the budget plan.

(5) Any customer who applies for budget billing must be informed in writing that any disputed terms or conditions for such a billing plan may be referred to the Consumer Affairs Division of the Department of Public Service. Notice to the customer must include the division's address and toll-free number.

(E) Equal Treatment of Payments. A company shall treat all payments made by any person including the ratepayer in the same manner unless the utility receives instructions to the contrary. Payments shall be applied toward the delinquent portion of the account before being applied to the current bill unless written instructions from the customer, a disputed bill, or payment arrangements require otherwise.

(F) Household Rule. A company shall not disconnect or refuse service to a customer due to a delinquent bill owed by another person unless a person owing a delinquent bill, resulting from service to that household, resides in the same household.

(G) Establishment of a Reasonable Repayment Plan. When establishing a reasonable repayment plan, the company shall consider the income and income schedule of the customer, if offered by the customer, the customer's payment history, the size of the arrearage and current bill, the amount of time and reason for the outstanding bill and whether the delinquency was caused by unforseen circumstances.

3.303 Disconnection Notice Form. The notice form required under Section 3.302 and defined in Section 3.301 shall contain 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; or

(2) the ratepayer enters into a reasonable agreement with the utility to pay the delinquency by means of a repayment plan; or

(3) the ratepayer denies the existence of any delinquency in excess of $ 50.00, submits the dispute to the Commission, and the Commission advises the utility not to disconnect service; or

(4) the ratepayer presents to the utility (or gives actual notice that he or she will, within seven days, present to the utility) a statement from a duly licensed physician certifying that disconnection will result in an immediate and serious health hazard to the ratepayer or to a resident within the ratepayer's household, provided that use of physician's certificate to prevent disconnection or to cause a reconnection is limited to two consecutive 30-day periods and shall not exceed three 30-day periods in any calendar year, except upon written order of the Commission;

(B) the dates and times of day when the utility may disconnect service if the ratepayer does not take appropriate action as described above;

(C) a statement that the utility will negotiate a reasonable agreement for payment of the delinquency by means of a repayment plan and that if, after entering such negotiations, the ratepayer does not believe the utility's terms to be reasonable, the ratepayer may request the assistance of the Consumer Affairs Division of the Department of Public Service in conducting further negotiations;

(D) the name(s) or title(s), address(es), telephone number(s) and business hours of the company representatives with whom the ratepayer may make any inquiry or complaint, and a statement that telephone calls made from within Vermont for such purposes may be made collect or toll free;

(E) 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 as to negotiations with utilities, the Division can provide information as to how to submit to the Commission a dispute over the existence of a delinquency;

(F) the itemized fees that may be charged to the customer for the disconnection process, including those for notice, disconnection, collection, and restoration of service. No fees may be charged for remote disconnections. Fees may be charged for notice of disconnection to landlords or appropriate third parties, such as property managers. If a deposit may be required for restoration of service, an explanation of how the amount will be calculated must also be provided;

(G) in the case of gas and electric utilities, if disconnection is to occur between November 1 and March 31 (inclusive), a list as annually compiled and distributed by the Department of Public Service of the names, addresses, and telephone numbers of governmental and private agencies that may provide assistance to customers in paying their utility bills;

(H) in the case of gas and electric utilities, an offer to arrange a monthly installment plan for the payment of future bills, provided that such offer need not be made if the account is for service at premises not used as a principal residence;

(I) in the case of gas and electric utilities, a statement that service to households with any member aged 62 or older must not be disconnected between November 1 and March 31 if outdoor temperatures are forecast to fall below 32 degrees Fahrenheit during a 48-hour period beginning at the anticipated time of disconnection, provided that the account holder furnishes advance written notice to the utility that the household qualifies under this paragraph and, if requested by the utility, furnishes reasonable proof of such qualification;

(J) A statement that utility services may be disconnected remotely, or at the pole or premises without a visit to the premises;

(K) A statement that the address, time, and date of disconnected utility services are reported to property owners, if the customer is not the property owner, when contact information for property owners is on file. Utilities must not use language in notices or messaging that could be construed as coercing payment by threatening to inform the landlord; and

(L) any other information not inconsistent with the above and which has received prior approval of the Commission.

3.304 Winter Disconnections. No gas or electric utility may disconnect service to any residential ratepayer between November 1 and March 31, inclusive, unless, in addition to complying with all other requirements of this rule, the utility has complied with the following:

(A) The utility must make a reasonable attempt to orally contact the customer within 96 hours in advance of any planned disconnection. The utility may use alternative forms of communication such as text or email to satisfy the notice requirement. An additional contact (phone call, email, or SMS text message) must be made within 24 hours of a pending remote disconnection. One of these contacts must be made outside of typical business hours--for example, after 5:00 p.m. or before 8:00 a.m.

(1) The unavailability of a customer's telephone number excuses compliance with the requirement to attempt notification by telephone.

(2) A telephone call to a telephone not removed from service that results in a busy signal or in any other condition preventing communication, or an unanswered call that has not been allowed to ring for at least 60 seconds, shall not count toward satisfaction of the requirement of this section.

(3) When oral notification is given in compliance with this paragraph, in addition to giving the information required by Section 3.303, the utility must advise the customer or other responsible adult that oral notification is not required to be given in connection with any subsequent disconnection that may occur during the same winter season, unless the utility's tariffs provide otherwise, except as required by remote disconnection. For any intended remote disconnection, even if previous oral notice has been given, the utility must make an additional contact (phone call, email, or SMS text) within 24 hours of a pending remote disconnection.

(B) If the utility is unable to reach the customer orally or does not receive confirmation of receipt of notice sent electronically via email or SMS text, the utility must make three additional attempts to contact the customer. These three attempts must be at least three hours apart, with one of these attempts made between the hours of 5:30 p.m. and 9:30 p.m. Unanswered calls must be allowed to ring for at least 60 seconds. Calls resulting in a busy signal do not count as one of the three required attempts. One of these three contacts (phone call, email, or text) must be made within 24 hours of a pending remote disconnection.

If, after complying with the requirements of subparagraph (A), actual oral notification has not been given, then, at least 48 hours before disconnection is to occur, the utility must report to the Department of Public Service, in writing or by telephone, the customer's name, address and, if available, telephone number.

(C) If the customer has been given actual oral notice during the current winter period with respect to a previous delinquency, compliance with subparagraphs (A) and (B) is not required, provided that the utility delivers or mails to the premises at which service is to be disconnected (with a copy mailed to the customer's billing address if different) a notice containing the information required by Section 3.303. Delivery is complete (1) if made by personal service, upon actual delivery to the customer at the customer's premises at least 48 hours before the disconnection, not counting Vermont holidays, and (2) in the case of notice by mail, by deposit of the notice at any United States post office, postage prepaid, at least four days before to disconnection, not counting days when the postal service does not make regular deliveries of mail. An additional contact (phone call, email, or text) must be made within 24 hours of a pending remote disconnection regardless of whether actual oral notice was given previously during the current winter period.

(D)

(1) Prior to disconnection during the winter period, the utility must confirm that outdoor temperatures, as predicted by a current National Weather Service (phone 802-862-2475 or on the internet at https://www.weather.gov/btv/) forecast for the Burlington, Vermont, area, or by another weather service approved by the Public Utility Commission,

(2) Utility service to households with any member aged 62 or older must not be disconnected during the winter period if outdoor temperatures are forecast to fall below 32 degrees Fahrenheit during a 48-hour period beginning between 7:00 a.m. and 10:00 a.m. on the anticipated date of disconnection, provided that the account holder furnishes advance written notice to the utility that the household qualifies under this paragraph. The utility may require reasonable proof of such qualification.

3.305 Notice under Repayment Plan.

(A) Notwithstanding the provisions of 3.301(C), when a utility proposes to disconnect service because of a customer's failure to abide by the terms of a repayment plan it must deliver or mail to the address at which service is to be disconnected (with a copy mailed to the customer's billing address if different) a notice containing the information required by Sections 3.303(A)(1) and 3.303(B). If made in person, delivery must be effected at least 72 hours before disconnection; if the notice is mailed, it must be deposited in a United States post office at least five days before disconnection. In lieu of giving written notice, the utility may give notice orally, in person or by telephone, text, or email at least 72 hours prior to disconnection. Substantial compliance with a repayment plan established under Section 3.307(B) or Section 3.302(B)(6) is demonstrated if the customer has paid at least 75% of each agreed-upon payment as due.

(B) The manner of notice provided for in subparagraph (A) will be sufficient, even in the case of disconnection by a gas or electric utility in the winter, provided that the utility has given oral notice of the information contained in Section 3.303 at the time the repayment plan was entered into and provided the terms of the repayment plan were reasonable. In addition to the requirements specified above, customers who are pending remote disconnection must be notified in writing via email or text within 48 hours of a pending remote disconnection. If a customer has not provided such contact information, a phone call must be made by utility staff within 48 hours of a pending remote disconnection. An additional contact (phone call, email, or text) must be made within 24 hours of a pending remote disconnection. One of these contacts must be made outside of typical business hours; for example, after 5:00 p.m. or before 8:00 a.m.

(C) Disconnection resulting from failure to meet the terms of a repayment plan must occur only after the utility has issued notice in accordance with Section 3.305(A).

3.306 Time and Notice of Disconnection. Disconnection of utility service must occur only between the hours of 8:00 a.m. and 2:00 p.m. of the business day when disconnected at a pole at or near the premises of the customer, specified on the notice of disconnection, or within four business days thereafter between April 1 and October 31 (inclusive), and within eight days thereafter between November 1 and March 31 (inclusive). 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 remotely, it may only occur between the hours of 9:00 a.m. and 11:00 a.m. on a scheduled date of disconnection provided in the written notice as described previously.

When service is disconnected at the premises of the customer, which includes disconnection at a pole at or near the premises of the customer, the individual making the disconnection must immediately inform a responsible adult on the premises that service has been disconnected, or if no responsible adult is then present, such individual must leave on the premises in a conspicuous and secure place a notification advising that service has been disconnected and what the customer has to do to have service restored.

3.307 Restoration of Service.

(A) If service has been disconnected, the company must restore service within 24 hours upon the customer's request when the cause for disconnection of service has been removed, when an agreement has been reached between the customer and the company regarding the dispute that led to the disconnection, or when directed to do so by the Commission.

(B) The company must restore service if the disconnected customer pays one-half of the delinquent bill, or a lesser negotiated amount, before restoration and enters into a repayment plan to pay the balance over a minimum period of three months, except that the utility is not obligated to enter into more than two plans of this type with a particular customer within a calendar year.

(C) Restoration of service, to the extent feasible, must be done so as to avoid charging customers for overtime rates and other abnormal expenses.

(D) A company must not require prepayment of any non-recurring charges associated with disconnection and restoration of service as a condition of restoration of service. Such charges must be paid within 30 days unless part of a repayment agreement.

(E) Upon receipt of a physician's certificate, as defined in Section 3.301(D), the company must reconnect service as soon as possible, but in no event longer than 24 hours.

3.308 Filing Requirements.

(A) Within 60 days after the effective date of this rule, all companies subject to its provisions must submit to the Commission for its review a copy of the disconnection notice form described in Section 3.303.

(B) All gas, electric, and telephone utilities subject to this rule must file monthly with the Commission, on a form provided by the Commission, a statement reporting the following information regarding residential service for the previous month: the number of bills forwarded to customers, the number of disconnection notices sent, the number of actual disconnections, the number of reconnections made within 15 days of disconnection, the number of repayment plans entered into, the number of repayment plans that were broken, and the dollar amount of delinquencies for which disconnections were made.

(C) Companies that fail to file information required in Section 3.308(B) within six months of the month being reported are precluded from disconnecting any residential customers.

(D) Within 60 days of the effective date of revisions to this rule, each utility must file tariff amendments to ensure that they are consistent with the provisions of this rule.

(E) To prevent unnecessary hardship or delay, to prevent injustice, or for other good cause, companies may petition the Commission for an extension of the filing requirement deadlines included in paragraphs (A) and (D) of this section.

Notes

30-3300 Code Vt. R. 30-000-3300-X

EFFECTIVE DATE:
November 14, 1983
AMENDED:
January 2, 1990; July 21, 2006; December 2017 [agency name change from Public Service Board; rule renumbered from 30 000 004]; 10/4/2024 Secretary of State Rule Log #24-036

STATUTORY AUTHORITY:

Statutory authority not provided.