THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY PRESTON, BRENNAN, D. COSTA, HALUSKA, HORNAMAN, HOUGHTON, JOSEPHS, MELIO, READSHAW, SIPTROTH, SOLOBAY AND WATERS, APRIL 30, 2009

REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, APRIL 30, 2009  

AN ACT

Amending Title 66 (Public Utilities) of the Pennsylvania

Consolidated Statutes, in responsible utility customer

protection, further providing for definitions, for cash

deposits and household information requirements, for payment

agreements, for termination of utility service and for

reconnection of service.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definition of "payment agreement" in section

1403 of Title 66 of the Pennsylvania Consolidated Statutes is

amended to read:

§ 1403.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Payment agreement."  An agreement between a customer who

admits liability for billed service and either the Pennsylvania

Public Utility Commission or a public utility whereby [a

customer who admits liability for billed service] the customer

is permitted to amortize or pay the unpaid balance of the

account in one or more payments.

* * *

Section 2.  Sections 1404(a)(2) and (c)(1), 1405(d), 1406(b)

(1), (c)(1) and (d) and 1407(b) of Title 66 are amended to read:

§ 1404.  Cash deposits and household information requirements.

(a)  General rule.--In addition to the right to collect a

deposit under any commission regulation or order, the commission

shall not prohibit a public utility, prior to or as a condition

of providing utility service, from requiring a cash deposit in

an amount that is equal to one-sixth of the applicant's

estimated annual bill, at the time the public utility determines

a deposit is required, from the following:

* * *

(2)  Any applicant or customer who is unable to establish

creditworthiness to the satisfaction of the public utility. 

[through the use of a generally accepted credit scoring

methodology which employs standards for using the methodology

that fall within the range of general industry practice.] In

evaluating creditworthiness under this paragraph, the public

utility shall place emphasis on overall satisfactory utility

payment history.

* * *

(c)  Deposit hold period.--

(1)  A public utility may hold a deposit until a timely

payment history is established or for a maximum period of

[24] 18 months.

* * *

§ 1405.  Payment agreements.

* * *

(d)  Number of payment agreements.--Absent a change in

income, the commission shall not establish or order a public

utility to establish [a second or subsequent payment agreement]

more than two payment agreements within a five-year period if a

customer has defaulted on a previous payment agreement. A public

utility may, at its discretion, enter into a second or

subsequent payment agreement with a customer.

* * *

§ 1406.  Termination of utility service.

* * *

(b)  Notice of termination of service.--

(1)  Prior to terminating service under subsection (a), a

public utility:

(i)  Shall provide written notice of the termination

to the customer at least [ten] fifteen days prior to the

date of the proposed termination. [The termination notice

shall remain effective for 60 days.]

(ii)  Shall attempt to contact the customer or

occupant, either in person or by telephone, to provide

notice of the proposed termination at least [three] five 

days prior to the scheduled termination. Phone contact

shall be deemed complete upon attempted calls on two

separate days to the residence between the hours of 7

a.m. and 9 p.m. if the calls were made at various times

each day.

(iii)  During the months of December through March,

unless personal contact has been made with the customer

or responsible adult [by personally visiting the

customer's residence], the public utility shall, within

48 hours of the scheduled date of termination, post a

notice of the proposed termination at the service

location.

(iv)  After complying with paragraphs (ii) and (iii),

the public utility shall attempt to make personal contact

with the customer or responsible adult at the time

service is terminated. Termination of service shall not

be delayed for failure to make personal contact.

* * *

(c)  Grounds for immediate termination.--

(1)  A public utility may immediately terminate service

for any of the following actions by the customer:

(i)  Unauthorized use of the service delivered on or

about the affected dwelling.

(ii)  Fraud or material misrepresentation of the

customer's identity for the purpose of obtaining service,

upon validation of the misrepresentation.

(iii)  Tampering with meters or other public

utility's equipment.

(iv)  Violating tariff provisions on file with the

commission so as to endanger the safety of a person or

the integrity of the public utility's delivery system.

* * *

(d)  Timing of termination.--Notwithstanding the provisions

of section 1503 (relating to discontinuance of service), a

public utility may terminate service for the reasons set forth

in subsection (a) from Monday through [Friday] Thursday as long

as the public utility can accept payment to restore service on

the following day and can restore service consistent with

section 1407 (relating to reconnection of service).

* * *

§ 1407.  Reconnection of service.

* * *

(b)  Timing.--When service to a dwelling has been terminated

and provided the applicant has met all applicable conditions,

the public utility shall reconnect service as follows:

(1)  Within 24 hours for erroneous terminations or upon

receipt by the public utility of a valid medical

certification.

(2)  Within 24 hours for terminations occurring after

November 30 and before April 1.

(3)  Within [three days] 48 hours for erroneous

terminations requiring street or sidewalk digging.

(4)  Within three days from April 1 to November 30 for

proper terminations.

(5)  Within seven days for proper terminations requiring

street or sidewalk digging.

* * *

Section 3.  This act shall take effect in 60 days.