W. Va. Code R. § 150-4-4 - Customer Relations

4.1. Customer information.

4.1.1. Each utility shall, upon request, give its customers such information and assistance as is reasonable, in order that customers may secure safe and efficient service. The information contained in the utility's safety requirements concerning customer connections required to be filed pursuant to Rule 8.3., infra, shall be furnished to all customers installing new or revising existing customer service piping.

4.1.2. Explanation of meter readings -- Each utility shall adopt some means of informing its customers as to the method of reading meters, either by a printed description on its bills, or by a notice to the effect that the method will be explained at the office of the utility upon request. It is recommended that an exhibition meter be kept on display in each sales office maintained by a utility.

4.1.3. Explanation of rates -- It shall be the duty of the utility to explain to the customer, at the beginning of service, or whenever the customer shall request the utility to do so, the utility's rates applicable to the type of service furnished to the customer and all other classes of customers, and to assist him/her in obtaining the rate which is most advantageous to his/her requirement for service. The responsibility for the selection however, must rest with the applicant. In the event that the customer's use of service is later such that an applicable rate schedule, other than the one initially selected, proves to be more favorable, the responsibility for requesting a change in rate schedule consistent with the provisions of the service agreement, shall rest with the customer. The utility shall, on its periodic statements, annually inform its customers that, if they so request, it shall supply the customers with a copy of the utility's rate or rates applicable to the type of service to be furnished to them and to all other classes of customers with a concise written explanation of the rates, and an identification of any classes of customer whose rates are not summarized.

4.1.4. Posting of law, rates, rules and regulations.

4.1.4.a. Every utility shall maintain in its office for inspection by the public the following:

4.1.4.a.1. A copy of the rates, rules and regulations of the utility, and forms for contracts and applications applicable to the territory served from that office.

4.1.4.a.2. A copy of Chapter 24, Code of West Virginia.

4.1.4.a.3. A copy of the Commission's Rules for the Government of Gas Utilities and Gas Pipeline Safety.

4.1.4.b. A suitable placard, in large type, shall be exhibited in a conspicuous location, giving information to customers that a copy of the law, the rules of the Public Service Commission and the schedule of rates are kept for their inspection.

4.2. Customer deposits.

4.2.1. Security deposits

4.2.1.a. Security deposit -- A utility may require an applicant or customer to make a deposit as a guarantee for the payment of gas used. Such deposit shall not be more than one-twelfth (1/12) of the annual estimated charge for residential service and one-sixth (1/6) for all other service to secure the utility from loss. The utility shall not be bound to supply gas until these conditions are fulfilled and it may cut off the supply if the guarantee is not given when required. After the customer has paid bills for service for twelve consecutive months without a delinquency, the utility shall promptly and automatically refund the deposit plus accrued interest. Utilities may, at their discretion, refund deposits after shorter periods of time. Calculation of the above twelve consecutive month period shall commence from the first regular payment or following the payment of a delinquent bill or bills. The interest rate to be paid shall be determined as follows. The rate which utilities shall be required to pay shall be the average of the one-year United States Treasury Bill rates for October, November and December of the preceding calendar year. By January 15 of each year, Staff of the Commission shall make the necessary calculations and file with the Commission its calculations. The Commission will issue an order setting the rate to be paid by the utilities until the next annual Commission order. The simple interest shall be paid at the date of discontinuance of service or at the end of the deposit period. The utility shall have a reasonable time to read and remove meters and to ascertain that the obligations of the customer have been fully performed before being required to return any deposit in the case where there has not been an automatic refund.

4.2.1.b. Provided, however, that this rule shall not affect residential customer security deposits required by a utility prior to the passage of W. Va. Code § 24-3-8 on March 12, 1983.

4.2.1.c. Record of deposit -- Each utility holding a cash deposit shall keep a record showing:

(i) the name and current address of each depositor;

(ii) the amount and date of the deposit; and

(iii) each transaction concerning the deposit.

4.2.1.d. The receipt -- Concurrently with receiving a cash deposit, the utility shall deliver to the applicant for service or customer, a receipt showing:

(i) the date thereof;

(ii) the name of the applicant or customer and the address of the premises served or to be served;

(iii) the service furnished or to be furnished; and

(iv) the amount of the deposit and the fact that interest will be paid on the deposit. Each utility shall provide reasonable records to refund the deposit of a customer, when he/she is so entitled, even if the original receipt cannot be produced. A receipt or proof of payment will not be necessary under the provisions for an automatic refund.

4.2.1.e. Unclaimed deposits -- Should a utility have retained, through no fault of its own, deposits made by customers to whom service has been discontinued during any calendar year, it shall, on or before the first day of March, in each year, mail to the customer's last known address a check as refund of the deposit plus accrued interest, or at the utility's option, publish a list of such depositors, in a newspaper published and of general circulation in each of the counties in which it operates and in which the deposits were made, showing as of the thirty-first day of December immediately preceding, the amount of each deposit, together with the interest due thereon, and notifying depositors listed therein that their deposits, together with accrued interest, are being held to their credit and will be returned upon request. The utility shall not be liable for any interest on such deposit after publication of such lists. (See W. Va. Code § 24-2-1).

4.2.2. Guaranty agreement.

4.2.2.a. A utility may accept, in lieu of the cash deposit, a guaranty agreement signed by a financially responsible guarantor, whereby payment of a specified sum, not exceeding the cash deposit aforesaid, is guaranteed. The guarantor shall receive copies of disconnection notices sent to the customer whose account has been guaranteed: Provided, however, that the limitations herein fixed upon the terms of a guaranty agreement shall not apply to industrial customers.

4.2.2.b. Guaranty agreements shall terminate after the customer has satisfactorily paid bills for service of twelve consecutive months, or when the customer gives notice to the utility of the discontinuance of service at the location covered by the guaranty agreement, or three months after discontinuance of service where no notice was given, or at the guarantor's request upon thirty (30) days written notice to the utility. In any case, after the automatic termination of a security agreement, where experience indicates that a cash deposit or a new guaranty agreement is reasonably necessary to secure the utility from loss, a cash deposit or a new guaranty agreement may be required upon written notice to the customer.

4.2.3. Application in case of receiver or trustee -- The aforesaid provisions shall apply in the case of a receiver or trustee, operating under court order a business requiring utility service.

4.3. Billing information.

4.3.1. Bills shall be rendered periodically, and they shall show the readings of the meter at the beginning and the end of the period for which the bill is rendered, the date of the meter readings, and the number of cubic feet of gas supplied. The applicable rates shall be provided on the monthly bill.

4.3.2. Billing period -- Meters shall be read as nearly as possible at regular monthly intervals. Due to the incidence of week-ends, holidays, and unusual conditions, it is recognized that there may be variations of several days in the period between meter readings. No adjustment will be required in billing when the deviation is not more than five days or less than five days of the standard period. When the deviation exceeds these limits, the tariff consumption blocks and the minimum charges shall be prorated on the basis of the ratio of the number of days in the period in question to the number of days included in the standard period, which will be taken at thirty days for monthly billing.

4.3.3. Utilities desiring to adopt mechanical billing of such nature as to render compliance with all the terms of Rule 4.3.1. impractical may make application to the Commission for relief. After consideration of the reasons given when asking for relief, the Commission may allow the omission of any part of these requirements.

4.3.4. On all bills which include any other items than a definite authorized gas rate, the other factors used in computing the bill shall be clearly stated so that the amount may be readily verified from the information appearing upon the bill.

4.3.5. Each bill shall be due when rendered. Each bill shall become delinquent thirty (30) days after it is rendered. A bill is considered rendered when it is placed in the United States Mail or postmarked.

4.3.6. Delayed Payment Penalty -- Each bill shall bear upon its face the latest pay date and the date it will become delinquent if not paid. On all current usage billings not paid by the latest pay date, a delayed payment penalty or carrying charge as approved in the utility's tariff will be added to the net current amount unpaid. A delayed payment penalty is not interest and is to be collected only once for each bill where it is appropriate. This provision must be included in the utility's tariff filed with the Commission.

4.4. Adjustment of bills.

4.4.1. Fast meters -- If, upon test of any meter, the meter is found to have an average error of more than two percent (2%) fast, the utility shall refund to the customer the overcharge, based upon the corrected meter reading for a period equal to one half the time elapsed since the last previous test, but not to exceed six (6) months. If it can be shown that the error was due to some cause, the date of which can be fixed, the overcharge shall be computed back to, but not beyond, such date. If the meter has not been tested in accordance with Rule 6.5., the period for which it has been in service beyond the regular test period shall be added to the six (6) months in computing the refund.

4.4.2. Slow meters -- If, upon test of any gas meter, the meter is found to have an average error of more than two percent (2%) slow, the utility may render a bill for the gas consumed, but not covered by bills previously rendered, for a period equal to one half of the time elapsed since the last previous test, but not to exceed three (3) months. If it can be shown that the error was due to some cause, the date of which can be fixed, the charge may be computed back to, but not beyond, that date.

4.4.3. Dead meters -- If a meter is found not to register for any period, the utility shall compute the gas used by taking the average of the gas used for the meter-reading period preceding and the meter-reading period following the date when the meter was found to be dead, which amount shall be assumed to be the amount of gas used by the customer during the billing period in which the meter was found dead. Exceptions will be made to this rule in case the facts clearly show that the above method does not give the correct consumption for the period.

4.4.4. Leaks on the Customer side of the meter -- Each utility shall develop and implement a written policy concerning the adjustment of customer bills where the bill reflects unusual usage which can be attributed to leakage on the customer's side of the meter. The policy shall be maintained at the utility's office for inspection and shall be applied in a uniform, non-discriminatory manner to all customers. The policy shall provide for an adjustment which subtracts out all non-gas costs for all amounts above the customer's expected usage for the relevant period.

4.5. Complaints.

4.5.1. Investigation of complaints -- Each utility shall make a full and prompt investigation of all complaints made to it by its customers, either directly or through the Commission.

4.5.2. Records of complaints -- The utility shall keep a record of all complaints received, which record shall show the name and address of the complainant, the date and character of the complaint, and the adjustment or disposal made thereof.

4.5.3. Disposition of records -- A summary of each complaint showing the nature of the complaint, the result of the investigation, and the disposition of each complaint will be prepared and maintained for a minimum of twenty-four (24) months after the resolution of each complaint.

4.6. Disputed bills -- In the event of a dispute between the customer and the utility respecting any bill, the utility shall make forthwith such investigation as shall be required by the particular case, and report the results thereof to the customer. In the event that the complaint is not adjusted, the utility shall, before service is discontinued, comply with the provisions of Rule 4.8.

4.7. Customer discontinuance of service.

4.7.1. Any customer desiring to have his/her service discontinued shall give at least three (3) days' notice thereof to the utility unless a longer or shorter period shall be incorporated in any standard or special contract mutually agreed upon. Until the utility shall have such notice, the customer may be held responsible for all service rendered.

4.7.2. If service is disconnected at the request of the customer, the utility may refuse service to such customer, at the same premises, within eight (8) months of such disconnection, unless it shall first receive payment of a reconnection charge as provided for in an effective tariff on file with the Commission.

4.8. Utility discontinuance of service.

4.8.1. Definitions -- for the purposes of this rule, the following definitions shall apply:

4.8.1.a. Delinquent bill -- A bill becomes delinquent if not paid in full, within thirty (30) of being rendered.

4,8.1.b. Due bill -- A bill is due when rendered.

4.8.1.c. Latest Payment Date -- The last day a customer can make payment on a bill to avoid a late payment penalty.

4.8.1.d. Payment -- Payment is made by cash, check, electronic transfer, money order, voucher from Department of Health and Human Resources or from assistance agencies or faith organizations, or credit and debit cards (if accepted by the utility and any applicable charge paid by the customer).

4.8.1.d.1. A utility has discretion to disregard and return to a customer a personal check or electronic transfer intended as a payment of a delinquent bill if the customer has, within the past three (3) months, presented the utility with a check returned for insufficient funds or invalid account information. If a utility elects to disregard and return a personal check or electronic transfer to a customer, it must, within five days of receiving the personal check, mail the customer a written notice that the check was refused, state the reason for the refusal, and provide the customer with five (5) days to pay by other means prior to termination.

4.8.1.e Certified Health Condition or Seasonal Time Period -- For the purposes of this rule, the following circumstances shall be deemed to constitute a condition under which termination of service could be dangerous to the health or safety of a residential customer or a member of the residential customer's household. The existence of a Certified Health Condition or Seasonal Time Period described below in Rule 4.4.1.d.1. or Rule 4.4.1.d.2. increases the utility notice requirements as set forth in Rule 4.8.2.b.2.B, but does not prohibit disconnection except as provided in Rule 4.8.2.b.9:

4.8.1.e.1. Written certification from a currently licensed physician, nurse practitioner or physician assistant that termination of service would be dangerous to the customer or a member of the customer's household for medical reasons (Certified Health Condition). Such certification must be received by the utility within ten (10) days after the customer informs the utility of those reasons, and must be renewed every thirty (30) days, starting from the date the certification is sent to the utility. If a licensed physician, nurse practitioner or physician assistant states to a reasonable degree of medical certainty that the condition is permanent, then certification need not be renewed.

4.8.1.e.2. The time period from the first day of November through the last day of March (Seasonal Time Period).

4.8.1.f. Personal contact -- Unless specifically provided otherwise in these Rules, personal contact as referenced in Rule 4.8.1. may be made by:

4.8.1.f.1. a face-to-face meeting initiated by the utility or by the customer (Actual Personal Contact);

4.8.1.f.2. a telephone call initiated by either the utility or the customer in which a live conversation occurs between the utility and an adult member of the household and that alerts the customer to possible service disconnection and provides a toll free call back number or call back number local for the customer's service address (Actual Telephone Contact);

4.8.1.f.3. a telephone call that reaches a voice-mail or answering device and that alerts the customer to possible service disconnection and provides a toll free call back number or call back number local to the customer's service address. If an automated call is answered by a live person, the call must provide a means for the customer to speak with a customer service representative during the automated call, such as by pressing a button or speaking a demand. (Automated Telephone Contact); or

4.8.1.f.4. an electronic message if the customer provided an email address, cell phone number or text messaging capability, or other means of electronic communication and indicated a preference for this category of contact. The electronic message must alert the customer to possible service disconnection and provides a toll free call back number or call back number local for the customer's service address (Electronic Communication Contact). An Electronic Communication Contact will be deemed successful unless the utility receives notice, or the utility's systems show, that the Electronic Communication Contact was not received by the customer.

4.8.1.g. Any of the four methods above shall be deemed a successful personal contact attempt. An Actual Telephone Contact, an Automated Telephone Contact, or an Electronic Communication Contact may be used as an after-hours personal contact attempt.

4.8.2. Grounds for discontinuance and procedure to be followed.

4.8.2.a. A utility may terminate service without notice when, absent such termination, a potentially dangerous condition with respect to the facilities of the utility or of the customer (Dangerous Facilities Condition) exists that could be hazardous to life or property. If a utility terminates service without notice:

(1) it must keep a record of the potentially Dangerous Facilities Condition causing the termination and

(2) it should make a reasonable effort to notify the customer prior to termination and shall inform the customer of the steps that must be taken to have service restored.

4.8.2.b. A utility may, after giving written notice and complying with personal contact requirements, discontinue service to any customer for non-payment of bills where any bill is delinquent, or for fraud, or violation of its rules on file with the Commission or failure to provide access to utility property located on the customer's premises, subject to the following conditions:

4.8.2.b.1. The written notice must comply with P.S.C. W.Va. Form No. 14-G and shall be sent first class mail, address correction requested, postmarked at least ten (10) days prior to the scheduled termination. A notice of discontinuance may not be mailed prior to the date the bill becomes delinquent.

4.8.2.b.2. Personal Contact Notice.

4.8.2.b.2.A. No Certified Health Condition or outside Seasonal Time Period. In addition to written notice, if a Certified Health Condition does not exist or if the actual termination date falls outside of the Seasonal Time Period defined in Rule 4.8.1.e., the utility is required to make two attempts at personal contact as defined in Rule 4.8.1.f., unless it can be reasonably established that the premises are not permanently inhabited. The attempts must be made on two separate business days, with the last attempt occurring at least forty-eight (48) hours prior to the scheduled service termination and in the case of any category of telephone contact, a call must be placed no earlier than 8 a.m. and no later than 9 p.m. and one of the telephone attempts must be made after 6 p.m.

4.8.2.b.2.B. Certified Health Condition or within Seasonal Time Period. In addition to written notice, if a Certified Health Condition exists or if the termination date falls within the Seasonal Time Period as defined in Rule 4.8.1.e., the utility is required to make three attempts at personal contact as defined in Rule 4.8.1.f., unless it is reasonably established that the premises are not permanently inhabited. The attempts must be made on three separate business days, with the last attempt occurring at least forty-eight (48) hours prior to the scheduled service termination and in the case of any category of telephone contact, a call must be placed no earlier than 8 a.m. and no later than 9 p.m. and one of the telephone attempts must be made after 6 p.m. In addition, at least one of the attempts must be an on-site visit at the service location, unless the customer has threatened the safety of utility personnel as described in Rule 4.8.2.b.14.A.1. through 3. If one of the attempts is an on-site visit and the on-site visit fails to accomplish Actual Personal Contact, then the utility representative shall leave an appropriate written notice with relevant information on termination. If one of the first two attempts is successful, no subsequent attempt(s) is required. If all three attempts at personal contact are unsuccessful, the utility shall file a verified certification in compliance with Rule 4.8.2.b.14.

4.8.2.b.3. The written notice shall become void if the utility has not discontinued service within thirty (30) days of the date indicated on the notice for termination. The thirty (30) day termination notice period shall be tolled, however, during the time that a customer meeting and utility decision are pending under Rule 4.8.2.b.5., or the time that a customer's dispute, informal complaint, formal complaint or request for assistance is pending with the Commission. If the dispute is not successfully resolved informally, the thirty-day period will resume on the seventh day following issuance of the utility's decision referenced in Rule 4.8.2.b.5., or the date the Commission closes the request for assistance or issues a final order in a formal complaint.

4.8.2.b.4. If a customer fails to respond to a termination notice and the utility terminates service, the utility is not required to reconnect that customer unless the customer (i) pays up-front a minimum of one-half of the total delinquency or other amount ordered by the Commission, (ii) pays the deposit as provided in the utility tariff, and (iii) enters into a deferred payment agreement under which the remaining balance of the unpaid bills, plus a two (2) percent service fee on the remaining balance, is paid over six months. In addition, the customer must either pay the reconnection fee provided in the utility tariff or in Rule 4.8.3., or, at the customer's election, the utility will incorporate the applicable reconnection fee into the amount to be paid pursuant to the deferred payment agreement.

4.8.2.b.5. If, prior to termination of service, the customer contacts the utility or the utility makes Actual Personal Contact or Actual Telephone Contact with the customer, the utility must inform the customer that if the customer (i) disputes any portion of a bill, (ii) is being charged for service not rendered, (iii) believes that any information resulting in the utility's decision to terminate is erroneous, or (iv) in the case of a residential customer, the customer wishes to negotiate a deferred payment agreement, then the utility will provide an opportunity to the customer for a meeting to present the customer's dispute to a designated employee, who is empowered to resolve the dispute and/or negotiate a deferred payment agreement. The customer shall have the option of an in-person meeting with the designated employee, which shall take place at the business office nearest to the customer's residence or place of work, or a meeting by telephone conference. The utility shall provide the customer with written notice of its decision and the written notice shall advise the customer that the customer may object to the utility decision by requesting assistance from, or filing a formal complaint with, the Commission. Formal complaints are processed pursuant to the Commission Rules of Practice and Procedure, 150 C.S.R. 1.

4.8.2.b.5.A. The utility may not terminate service while any of the following is pending:

(i) a customer/utility meeting described in Rule 4.8.2.b.5.,

(ii) a written utility decision following a customer/utility meeting, and during the seven (7) days after issuance of the utility decision,

(iii) a request for assistance to the Public Service Commission, and during the seven (7) days after the Commission closes a request for assistance, or

(iv) a formal complaint before the Commission and for seven (7) days after issuance of a final order unless the Commission orders otherwise. During the pendency of negotiations with the utility or any process before the Commission, the customer must pay the current bill for service rendered after the utility mailed the P.S.C. W.Va. Form No. 14-G, to avoid termination. If the customer is negotiating a disputed bill, the customer must pay the amount not in dispute plus bills for current service.

4.8.2.b.6. Deferred Payment Agreement.

4.8.2.b.6.A. If a residential customer wishes to negotiate a deferred payment agreement, the designated employee shall offer the customer a standard deferred payment agreement.

4.8.2.b.6.B. A standard deferred payment agreement will include a service fee equal to two percent (2%) of the delinquency and a pay-off amount consisting of the delinquency balance and the service fee, in twelve monthly payments. For example, a delinquency balance of $1,176.47, would be assessed a service fee of two percent or $23.53, for a total pay-off amount of $1,200, resulting in twelve monthly payments of $100 in addition to current bills. If a residential customer desires a payment period that is shorter than twelve (12) months, the utility shall accept the shorter term. A utility may elect to use a standard deferred payment agreement that does not include a two percent (2%) service fee provided it offers the same no-service-fee plan to all residential customers in a tariff provision.

4.8.2.b.6.C. If a residential customer believes that the customer cannot afford the monthly payments required under a standard deferred payment agreement, then the utility and the customer may negotiate a non-standard deferred payment agreement. In negotiating the non-standard deferred payment agreement, the parties will take into consideration factors including, but not limited to: amount of the bill; ability of the customer to pay; payment history; length of time that the debt has been outstanding; reasons why the debt has been outstanding; and any other relevant factors.

4.8.2.b.6.D. Every deferred payment agreement with a residential customer shall include language stating that the utility has informed the customer of the right to request assistance or file a formal complaint with the Commission regarding the reasonableness of the proposed payments.

4.8.2.b.6.E. A residential customer who requests to negotiate a non-standard deferred payment agreement because of the customer's financial circumstances may request assistance or file a formal complaint if the utility does not agree to the terms for the non-standard deferred payment agreement.

4.8.2.b.6.F. If negotiations for a non-standard deferred payment agreement with the utility or pursuant to a request for assistance fail, then the customer shall have seven (7) days from the date that negotiations end to elect to enter into a standard deferred payment agreement. If the customer does not elect the standard deferred payment agreement before the expiration of the seven (7) days, then the utility may terminate service without further notice.

4.8.2.b.6.G. After a deferred payment agreement has been established, if the customer's financial condition significantly changes and the existing deferred payment agreement works a hardship, the utility shall renegotiate the deferred payment agreement. During the renegotiation period, the customer must timely pay the current bill and make some payment on the arrearage. The utility shall not be required to renegotiate a deferred payment agreement due to a significant change in financial circumstances more than once.

4.8.2.b.6.H. If a customer fails to make a payment required by a deferred payment agreement, the utility may terminate service only after it has mailed written notice to the customer by first class mail, postmarked at least five (5) calendar days, excluding postal holidays, prior to termination; provided, that at the option of the utility, either Actual Personal Contact, Actual Telephone Contact, Automated Telephone Contact or Electronic Communications Contact may be substituted for contact by first class mail. If the customer makes the delinquent payment before the end of the fifth calendar day following any notice listed above, service shall not be terminated.

4.8.2.b.6.I. A utility that terminates a customer for failure to comply with a deferred payment agreement is not required to reconnect that customer unless the customer (i) pays up-front a minimum of one-half of the total delinquency or other amount ordered by the Commission, (ii) pays the deposit as provided in the utility tariff, and (iii) enters into a new deferred payment agreement under which the remaining balance of the prior deferred payment agreement will be paid over six (6) months. In addition, the customer must either pay the reconnection fee provided in the utility tariff or in Rule 4.8.3, or, at the customer's election, the utility will incorporate the applicable reconnection fee into the amount to be paid pursuant to the deferred payment agreement. The utility may charge an additional one (1) percent service fee on the balance being deferred by the new deferred payment agreement. If a customer's gas service has been terminated two (2) times in a twelve (12)-month period for failure to comply with a deferred payment agreement the utility has no obligation to offer a deferred payment agreement to that customer until the delinquency has been paid in full.

4.8.2.b.7. If a customer fails to make a payment as ordered by the Commission in an interim relief order, the utility may terminate service only after it has mailed written notice to the customer by first class mail, postmarked at least five (5) calendar days, excluding postal holidays, prior to termination; provided, that at the option of the utility, Actual Personal Contact, Actual Telephone Contact, Automated Telephone Contact or Electronic Communications Contact may be substituted for contact by first class mail. If the customer makes the delinquent payment before the end of the fifth calendar day following any notice listed above, service shall not be terminated.

4.8.2.b.8. If a residential customer, or the customer's agent, has requested that the utility contact a relative or responsible third party prior to any termination or other material action on the account, the utility shall provide all written notices regarding termination to both the customer and the designated relative or responsible third party. The utility shall provide the required personal contact notice to the designated relative or responsible third party. The utility may, but is not required to, provide personal contact notice to the customer.

4.8.2.b.9. Service shall not be discontinued on a day:

4.8.2.b.9.A. on which the utility or its designated agent is unable to accept payment and to negotiate a deferred payment agreement;

4.8.2.b.9.B. preceding a day on which the utility or its designated agent is unable to accept payment and to negotiate a deferred payment agreement;

4.8.2.b.9.C. that the National Weather Service predicts the temperature to be thirty-two (32) degrees or colder at or near the customer's service location.

4.8.2.b.9.D. that is a Friday, Saturday, Sunday or legal holiday.

4.8.2.b.10. Service shall not be discontinued earlier than 8:00 a.m. or later than 4:00 p.m.

4.8.2.b.11. Service shall be reinstated as soon as possible and no more than eight (8) hours after receipt of payment, unless the customer has elected a later reconnection time to avoid a higher reconnection fee.

4.8.2.b.12. The utility may, but is not required to accept payment at the customer's premises in lieu of discontinuing service. The utility must suspend the disconnection process if the customer shows proof of payment. If the utility suspends disconnection because the customer shows proof of payment and that payment is later dishonored by the customer's bank, the utility may resume the disconnection process only after it has mailed written notice to the customer by first class mail, postmarked at least five (5) calendar days, excluding postal holidays, prior to termination; provided, that at the option of the utility, either Actual Personal Contact, Actual Telephone Contact, Automated Telephone Contact or Electronic Communications Contact may be substituted for contact by first class mail. If the customer makes the required payment before the end of the fifth calendar day following any notice listed above, service shall not be terminated.

4.8.2.b.13. If the customer of record responsible for payment of a utility bill is:

(i) a landlord of a master metered apartment building, motel, hotel, or other multiple unit dwelling, or

(ii) a third party who is a non-resident of the single service location, then written notice of termination, using Form 14-ME, shall be posted at least five (5) days prior to the scheduled termination. The notice for a master metered multiple unit dwelling shall be placed in a conspicuous common area at a location readily available for public inspection. Whenever possible, copies shall also be posted on the main doors of each dwelling in the facility. The notice for single unit dwellings occupied by third parties shall be placed on the main door of the dwelling.

4.8.2.b.14. If after making three (3) attempts at personal contact with a residential customer in conformance with Rule 4.8.2.b.2.B, the utility is unable to make Actual Personal Contact, Actual Telephone Contact, Automated Telephone Contact or Electronic Communications Contact, the utility is required to file a verified certification with the Commission within five (5) business days of termination of utility service:

4.8.2.b.14.A. certifying the utility attempted to make personal contact as required by these rules, including making a premises visit, or if no premises visit is made, certifying that the customer or member of the household:

4.8.2.b.14.A.1. has been verbally or physically aggressive or abusive to employees;

4.8.2.b.14.A.2. has threatened employees with vicious animals;

4.8.2.b.14.A.3. has brandished or made reference to weapons; or

4.8.2.b.14.B. indicating whether a Certified Health Condition or Seasonal Time Period gave rise to the requirement to make three attempts at personal contact;

4.8.2.b.14.C. certifying the date utility service was terminated.

4.8.2.b.14.D. certifying that the termination was in compliance with these rules, including Rule 4.8.2.b.9.

4.8.2.b.15. A bill which has been found to be contractually uncollectible by a court of competent jurisdiction or could reasonably be found to be uncollectible by reason of the statute of limitations shall not be used by a utility to deny or discontinue service.

4.8.3. Charge for reconnection -- Whenever utility service is terminated pursuant to Rule 4.8.2. above, the utility may make a charge of five dollars ($5.00) for reconnection of service, unless otherwise provided in an effective tariff on file with the Commission. If the customer and the utility enter into a deferred payment agreement, the customer must pay the reconnection fee provided in the utility tariff, the five dollars ($5.00), or, at the customer's election, the utility will incorporate the applicable reconnection fee into the amount to be paid pursuant to the deferred payment agreement.

4.8.4. The utility shall not refuse, deny, or discontinue service to an applicant or present customer due to a delinquency in payment for service by a previous occupant of the premises to be served unless such applicant or present customer and such previous occupant are members of the same household and were members of the same household at the time the delinquent bill was incurred.

4.8.5. The Commission may waive the application of any provision of this rule if it is demonstrated that the operation of any such provision will result in an undue hardship to the utility or the customer. This provision is to be invoked only in exceptional cases and shall not be used to attempt to gain a general waiver of the application of the entire rule by either the utility company or the customer.

4.9. Refusal to serve applicant.

4.9.1. Noncompliance with rules and regulations -- Any utility may decline to serve an applicant until he/she has complied with the State and municipal regulations governing gas service and the Commission approved rules and regulations of the utility.

4.9.2. Utility's facilities inadequate -- Until adequate facilities can be provided, a utility may decline to serve an applicant if, it does not have adequate facilities to render the service applied for, or if the desired service is of a character that is likely to affect unfavorably service to other customers. When service is denied on the basis of this rule, a time schedule for correcting the deficiency must be provided to the applicant.

4.9.3. Applicant's facilities inadequate -- The utility may refuse to serve an applicant, if the applicant's installation of the customer service, customer buried or house piping or gas-burning equipment is regarded as hazardous or of such character that satisfactory service cannot be given.

4.9.4. Applicant's recourse -- In the event that the utility shall refuse to serve an applicant under the provisions of this rule, the utility must inform the applicant that the question may be submitted to the Commission for decision.

4.10. Change in character of service -- In case any substantial change is made by a utility in the composition of the gas, the pressure, or other conditions which would affect the efficiency of operation or adjustment of appliances, the appliances of all customers in the district affected shall be inspected and shall be readjusted, if necessary, by the utility for the new conditions without charge.

4.11. Access to property.

4.11.1. The utility shall at all reasonable times have access to meters, service connections and other property owned by it on customer's premises, for the purpose of maintenance and operation. Neglect or refusal on the part of the customers to provide the utility reasonable access to its meters, service connections, and other property for the above purposes shall be deemed to be sufficient cause for discontinuance of service on the part of the utility.

4.11.2. Identification for employees -- Every employee, whose duties regularly require him to enter the homes of customers shall wear a distinguishing uniform or insignia identifying him as an employee of the utility and shall carry on his person an identification card which will identify him as an employee of the utility. The identification card shall contain a photograph of employee and the telephone number of the utility as well as other pertinent information necessary to identify the employee. All other employees, whose duties require occasional entry into the homes or premises of customers, shall carry an identification card containing information as herein required.

4.12. Service Interruptions.

4.12.1. Records of Interruptions -- Each utility shall keep a record of any interruption of service affecting its entire system or a major division thereof, including a statement of the time, duration, and cause of the interruption.

4.12.2. Notification to Customer -- Insofar as practical, every customer affected shall be notified in advance of any planned work which will result in interruption of service, but the notice shall not be required in case of interruption due to emergency, accidents, acts of God, public enemies, or strikes which are beyond the control of the utility.

4.12.3. Curtailment.

4.12.1.a. Each utility shall report to the Commission any planned curtailment, to any class of customers (except contractually permitted curtailment to interruptible customers), prior to such curtailment, the following information:

4.12.1.a.1. Reason for curtailment.

4.12.1.a.2. Date and hour curtailment is to begin.

4.12.1.a.3. Class or classes of customers to be curtailed. (This should include sales for resale).

4.12.3.a.4. Number of customers affected in each classification.

4.12.3.a.5. Percent of curtailment being requested in each classification.

4.12.3.b. As soon as the curtailment request has been cancelled, the utility shall inform the Commission.

4.12.3.b. The utility shall file a detailed report, not later than June 1, of each year, of all curtailments made during the year ending March 31, showing the following:

4.12.3.c.1. Date or dates curtailment was in effect.

4.12.3.c.2. Percent of curtailment by classification of customers, and number of customers affected in each classification.

4.12.3.c.3. Total Mcfs curtailed, by months and by classes of customers.

4.12.3.c.4. Names of all wholesale (sales for resale) customers affected by the curtailment and the amount, in percent and Mcf, for each customer.

4.13. Temporary service -- In the case of temporary service for short-term use, the utility may require the customer to pay all costs of making the service connection and removing the material after the service has been discontinued, or to pay a fixed amount in advance to cover such expense: Provided, however, that if the material is removed the customer shall be credited with the reasonable salvage which the utility shall receive on discontinuance.

4.14. Residential conservation service program -- A public utility subject to the jurisdiction of this Commission and to which Part I, Title II of the National Energy Conservation Policy Act ( Pub. L. 95.619,92 Stat. 3206 et seq.) as amended by the Energy Security Act ( Pub. L. 96-294, 94 Stat. 611 et seq.) (hereinafter NECPA), is applicable may recover reasonable costs associated with the implementation of the utility program under NECPA in the following manner:

4.14.1. All amounts expended by a public utility for providing information under subsection (a), Section 215 of NECPA are to be treated as a current expense of providing utility service and charged to all ratepayers of such utility in the same manner as current operating expenses of providing utility service.

4.14.2. All amounts expended by a public utility to carry out subsection (b), Section 215 of NECPA by conducting or causing to be conducted a Class A energy audit, for a particular residential customer may be recovered directly from the residential customer for whom the activities are performed: Provided, that the amount recovered from said residential customer for whom the Class A energy audit described in subsection (b) is performed shall not exceed a total of fifteen dollars ($15.00) per dwelling unit or the actual cost of such activities, whichever is less.

4.14.3. All amounts expended by a public utility to carry out subsection (b), Section 215 of NECPA, including a Class B Energy audit, which are not recovered directly from the residential customer for whom a Class B energy audit or the activities described in said subsection (b) are performed, and all administrative and general costs incurred by a public utility in carrying out a utility program under NECPA, including Class B energy audits, may be recovered by the utility as a current expense of providing utility service and charged to all ratepayers of such utility in the same manner as current operating expenses of providing utility service.

4.14.4. All amounts expended by a public utility for labor and materials for the purchase or installation of any residential energy conservation measure under Section 216 of NECPA shall be recovered from the residential customer for whom such purchase or installation is performed.

4.15. Reduced rates for low income residential customers.

4.15.1. Tariff filings - Within fifteen (15) days of the adoption of this rule, every public utility, other than a municipality or cooperative gas utility, which provides gas service to residential customers within the State of West Virginia subject to regulation by the Commission shall submit new tariff sheets, or an amendment or rider to its existing tariff sheets, to the Commission for its approval. Each utility's new tariff sheets, or amendments or rider to existing tariff sheets, shall contain a new Special Reduced Rate Residential Service rate schedule ("SRRRS rate schedule"), or Special Reduced Rate Residential Service amendment or rider ("SRRRS amendment or rider"), applicable to gas service provided during the billing months of December, January, February, March, and April to residential customers who qualify for special reduced rates under the provisions of W. Va. Code § 24-2A-1: Provided, however, that a public utility shall not be required to file new tariff sheets under this rule if the utility has submitted new tariff sheets, or an amendment or rider to its existing tariff sheets since April 4, 1984, which contain new Special Reduced Rate Residential Service rate applicable to the billing months of December, January, February, March and April, and said tariffs have been approved by the Commission and are consistent with provisions of this rule.

4.15.1.a. The rate(s) charged for service under each SRRS rate schedule, or amendment or rider, of a utility shall be twenty percent (20%) less than the rate(s) charged for the same service under that utility's standard residential rates. This twenty percent (20%) discount shall apply to customer charges, minimum charges, usage charges, and any charges based on usage during the specified billing month(s) for which customers are eligible to receive the special reduced rates. If a customer is eligible to receive service under an SRRRS rate schedule and the customer is paying bills in accordance with the utility's budget payment plan, the customer shall be credited during any billing month for which the customer is eligible for the special reduced rates with the twenty percent (20%) discount based on the customer's actual usage during that billing month, regardless of the amount of the customer's budget payment plan bill.

4.15.1.b. The terms and conditions of service under each SRRRS rate schedule, or amendment or rider, offered by a utility shall comply with all relevant requirements and conditions set forth in W. Va. Code § 24-2A-1, insofar as such requirements and conditions are applicable, and shall conform in all other respects to the terms and conditions under the utility's standard residential rate schedule.

4.15.1.c. Each utility required to offer special reduced rates under W. Va. Code § 24-2A-1 shall maintain tariff sheets, or amendments or riders to existing tariffs which contain Commission approved SRRRS rate schedules, amendments or riders. No modification may be made to such tariffs, amendments or riders without prior Commission consent.

4.15.2. Utility's responsibility upon application for special reduced rate -- Each utility offering special reduced rates shall accept applications for service under such rates from:

4.15.2.a. Any current customer, and

4.15.2.b. Any person who subsequently becomes a customer in his/her own right who makes such application in accordance with rules adopted by the West Virginia Department of Human Services pursuant to W. Va. Code § 24-2A-1(b). However, if an SSI, AFDC, AFDC-U or food stamp recipient is living in a household which is served under the name of a person living in that household who is not an SSI, AFDC, AFDC-U or food stamp recipient, that service may not be changed subsequent to March 12, 1983, to the name of the SSI, AFDC, AFDC-U or food stamp recipient in order to qualify for service under the special reduced rates: Provided, that nothing in this section shall cause a utility to deny extension of special reduced rates to any customer on the basis that the customer is not a recipient of aid under any eligible program when said customer is:

4.15.2.b.1. A member of the support group or payment group receiving aid under AFDC or AFDC-U, as determined by the Department of Human Services; or

4.15.2.b.2. A member of the support group or payment group receiving food stamps, as determined by the Department of Human Services, and is over sixty (60) years of age; or

4.15.2.b.3. The spouse of a person who is over sixty (60) years of age and a recipient of food stamps; or

4.15.2.b.4. The spouse of a person who receives Social Security Supplemental Security Income (SSI); or

4.15.2.b.5. Otherwise determined to be eligible to receive such special reduced rates.

4.15.3. For the purpose of applying special reduced rates under W. Va. Code § 24-2A-1, et seq., a person shall be determined to be a customer of a utility if the person is a member of a household receiving gas service and such service is provided in that person's name. However, if the person in whose name gas service is provided is verified to no longer be a member of the household for reasons which include death or divorce, the customer shall be determined to be any person residing in the household receiving gas service who could be held to be legally accountable or is considered by the utility to be responsible for all or a portion of the utility bill. Verification that the person in whose name service is provided is no longer a member of the household shall be provided by presentation of a death certificate, divorce papers or other reliable documentation or by verification from the Department of Human Services.

4.15.4. Each utility offering special reduced rates shall maintain documentation regarding the resolution of individual applications for special reduced rates. The information contained in said records shall include names, addresses or other information which adequately identifies the applicant, the date on which the individual application was tendered to the utility, and the utility's determination with respect to the application.

4.15.5. After any period (including a period during which special reduced rates are not in effect) during which a customer does not receive service under an SRRRS rate schedule, or amendment or rider, that customer must reapply in order to receive service under such a rate schedule, or amendment or rider.

4.15.6. Provision of service under special reduced rate -- In determining whether an applicant is eligible to receive special reduced rates, a utility is entitled to rely on the information provided to it directly or indirectly by the West Virginia Department of Human Services.

4.15.6.a. Each utility offering special reduced rates shall use due diligence to reflect charges thereunder on the bills it renders to customers entitled to service under such rates. However, no utility shall be required to alter the timing of its meter reading or billing schedules, but may make adjustment to subsequent bills to correct billing errors or to reflect the effects of a customer beginning, continuing, or ceasing to be entitled to receive service under the special reduced rates.

4.15.7. Certification of deficiency -- Once a year, beginning in the year 1984, each utility offering special reduced rates may make application to the Commission for a determination and certification of the revenue deficiency which it has experienced as a result of offering service under the special reduced rates instead of under the utility's standard residential rates. Each such application should contain sufficient information to enable the Commission to determine the revenue deficiency experienced by the utility making the application. This information shall include a comprehensive monthly report of the utility's disposition of the applications received and the resulting revenue deficiency for each month by completion of attached PSC WV Form 214.6A and a summary report for the entire certification period by completion of attached PSC WV Form 214.6. All information submitted for determination and certification of a utility's revenue deficiency shall be verified by the utility to be true and accurate to the best of its knowledge and information. Each determination and certification of a revenue deficiency shall be issued in the form of a final order.

4.15.8. Notice to customers -- It shall be the responsibility of the utilities to adopt policies for providing notice to their customers of the availability of and advantages of the discount program.

4.15.8.a. The utilities shall be required to provide notice to their customers at least once each fall prior to the winter heating season, concerning the availability of the discount program. The notice shall state in bold face type that the customer must reapply each year to obtain the discount program benefit.

4.16. Budget payment plans. In addition to the regular budget plan, a utility must elect to provide either a partial year budget plan or both a low income budget plan and a hardship budget plan. A utility may also choose to provide all three.

4.16.1. Regular Budget Plan for Residential Customers.

4.16.1.a. Each gas utility must offer to all residential customers who use gas as the primary source of space heating and/or cooling, on an optional basis, an opportunity to pay for gas service on a monthly basis under the provisions of a budget payment plan.

4.16.1.b. A customer who enters a regular residential budget plan shall be billed a true up amount on or about the utility's regular budget plan anniversary date, unless the utility has an alternative Commission approved true up plan. An annual true up may result in either a customer payment, or a utility refund.

4.16.1.c. The residential budget payment plan shall offer equal, or relatively equal monthly payments based on an estimate of the total of a customer's twelve monthly bills over the next application period. The regular residential budget plan shall be reasonably balanced between the customer and the company thereby giving no financial advantage to either party.

4.16.2. Partial year budget plan for Residential Customers.

4.16.2.a. At the utility's option, the utility may allow its residential customers to enter into a partial year budget plan starting at any time of year, in lieu of the low income budget plan requirements set forth below.

4.16.2.a.1. A customer who enters a partial year budget plan will be billed a true up amount on or about the utility's regular budget plan anniversary date, unless the utility has an alternative Commission approved true up plan. An annual true up may result in either a customer payment, or a utility refund.

4.16.2.a.2. As of the utility's next regular budget plan anniversary date, a customer who has been in a partial year budget plan, shall convert to a regular budget plan, unless the customer specifically requests to be returned to a regular monthly billing schedule. The utility shall provide notice to the customer that returning to a regular monthly billing schedule shall make the customer ineligible for a partial year budget plan for twelve (12) months from the date the customer refuses to convert to the regular budget plan.

4.16.2.a.3. A utility may deny a customer's request to enter a partial year budget plan, if the customer has been on a partial year budget plan during either the previous or the current year, and refused to convert to a regular budget plan on the utility's budget plan anniversary date.

4.16.3. Commercial Customers -- A utility may offer, but is not required to offer, a budget payment plan to commercial customers.

4.16.4. Low income Budget Plan.

4.16.4.a. If a utility does not allow its residential customers to enter into a partial year budget plan starting at any time during the year (see Residential Budget Plan requirements above), the utility must provide a low income budget plan. The low income budget plan may begin in any month and will extend for the next consecutive eleven (11) months. The end of this twelve (12) month total period will be the customer's budget plan anniversary date. This anniversary date applies for each year a customer remains on a low income budget plan.

4.16.4.a.1. A customer in a low income budget plan will be billed a true up amount on or about the customer's anniversary date for his or her low income budget plan, unless the utility has an alternative Commission approved true up plan. An annual true up may result in either a customer payment, or a utility refund.

4.16.4.a.2. A customer on a low income budget plan will continue on that plan until the customer requests otherwise.

4.16.4.b. To be eligible to enter a low income budget plan at any time during the year, a customer must meet all of the following criteria:

4.16.4.b.1. the customer must certify that he/she has an annual household income of no more than 1.5 times the federal poverty level as published annually in the Federal Register by the Federal Department of Health and Human Services as the "Annual Update of the HHS Poverty Guidelines; Notice"; and

4.16.4.b.2. if a low income budget plan has been previously entered into, such plan must be successfully completed in order to be eligible for a new low income budget plan, or the customer must have removed all prior arrearage in his/her account, unless the utility agrees to carry any arrearage forward.

4.16.4.c. If a utility receives assistance payments on behalf of a customer after entering into a low income budget plan, such assistance payments shall count toward the monthly payment(s) due from the customer based on actual usage, or may be used to reduce the monthly payment due under the low income budget plan, at the option of the customer.

4.16.5. Hardship budget plan.

4.16.5.a. If the utility has elected to provide a low income budget plan, customers who do not meet the qualifications for a low income budget plan may request that the utility place them on a hardship budget plan to begin in any month and to extend for the next consecutive eleven (11) months. The end of this twelve (12) month total period will be the customer's budget plan anniversary date. This anniversary date applies for each year a customer remains on a hardship budget plan.

4.16.5.a.1. A customer in a hardship budget plan will be billed a true up amount on or about the anniversary month of his or her hardship budget plan, unless the utility has an alternative Commission approved true up plan. An annual true up may result in either a customer payment, or a utility refund.

4.16.5.a.2. A customer on a hardship budget plan will continue on that plan until the customer requests otherwise.

4.16.5.b. To be eligible to enter into a hardship budget plan, a customer must satisfactorily demonstrate to the utility that his/her existing financial obligations preclude payment of the customer's current bill in full.

4.16.6. General Provisions -- These provisions apply to each type of budget payment plan offered by the utility.

4.16.6.a. For customers eligible to enter a regular, partial, low income, or hardship budget plan, utilities must calculate a monthly payment that is a combination of the budget payment amount and all delinquencies, including, but not limited to, those that have been previously placed into a deferred payment agreement pursuant to Rule 4.8.2.b.6. Bills are due when rendered and become delinquent if not paid within thirty (30) days.

4.16.7. Notice to customers.

4.16.7.a. Existing customers -- Each gas utility shall annually notify its customers of the availability and advantages of each type of budget payment plan offered by the utility.

4.16.7.b. New customers -- The utility must also notify new customers of the availability of each such budget payment plan when new customers apply for service.

4.16.7.c. Information on bills -- In order to keep customers informed of their performance under any budget plan, the utilities shall ensure that each bill show the amount of gas used (Mcf) during the billing period, the actual cost of present usage, the budget payment amount due and the current net credit/debit applicable to the customer's account.

Notes

W. Va. Code R. § 150-4-4