1Amend Bill, page 4, line 22, by inserting after "(f)"

2 and 1406

3Amend Bill, page 8, by inserting between lines 7 and 8

4§ 1406. Termination of utility service.

5(a) Authorized termination.--A public utility may notify a
6customer and terminate service provided to a customer after
7notice as provided in subsection (b) for any of the following
8actions by the customer:

9(1) Nonpayment of an undisputed delinquent account.

10(2) Failure to comply with the material terms of a
11payment [agreement] arrangement.

12(3) Failure to complete payment of a deposit, provide a
13guarantee of payment or establish credit.

14(4) Failure to permit access to meters, service
15connections or other property of the public utility for the
16purpose of replacement, maintenance, repair or meter reading.

17(b) [Notice of termination of service] Predetermination 
18notices, contacts and duties.--

19(1) Prior to terminating service under subsection (a), a
20public utility:

21(i) Shall provide written notice of the termination
22to the customer at least ten days prior to the date of
23the proposed termination. The termination notice shall
24remain effective for [60] 30 days.

25(ii) Shall attempt to contact the customer or
26occupant[, either in person or by telephone, to provide
27notice of the proposed termination at least three days
28prior to the scheduled termination. Phone contact shall 
29be deemed complete upon attempted calls on two separate 
30days to the residence between the hours of 7 a.m. and 9 
31p.m. if the calls were made at various times each day.]
32to provide notice of the proposed termination at least 
33three days prior to the scheduled termination using one 
34or more of the following methods:

35(A) in person; or

36(B) by telephone.

37(iii) [During the months of December through March,

1unless] After complying with subparagraphs (i) and (ii), 
2the public utility shall make in-person contact with the 
3customer or responsible adult at the time service is 
4terminated. If personal contact has not been made with
5the customer or responsible adult by personally visiting
6the customer's residence, the public utility shall,
7within 48 hours of the scheduled date of termination,
8post a notice of the proposed termination at the service
9location.

10[(iv) After complying with paragraphs (ii) and
11(iii), the public utility shall attempt to make personal
12contact with the customer or responsible adult at the
13time service is terminated. Termination of service shall
14not be delayed for failure to make personal contact.

15(2) The public utility shall not be required by the
16commission to take any additional actions prior to
17termination.]

18(2.1) For each of the above notices and contacts under
19paragraph (1), and when the customer contacts the utility
20prior to termination, the public utility shall notify the
21customer verbally and in writing about the public utility's
22customer assistance program, inquire about the customer's
23eligibility and enroll eligible customers into the customer
24assistance program, with the customer's consent.

25(3) An application for a public utility's customer
26assistance program shall stay termination of service for
27nonpayment until a decision has been made on the application,
28and the utility shall cancel the termination of service upon
29approval for enrollment in the customer assistance program.

30(4) Termination may not occur if evidence is presented
31that indicates that payment has been made, a serious illness
32or medical condition exists, a dispute or complaint is
33pending or if the employee is authorized to receive payment
34and payment in full is tendered in any reasonable manner.

35(c) Grounds for immediate termination.--

36(1) A public utility may immediately terminate service
37for any of the following actions by the customer:

38[(i) Unauthorized use of the service delivered on or
39about the affected dwelling.

40(ii) Fraud or material misrepresentation of the
41customer's identity for the purpose of obtaining
42service.]

43(iii) Tampering with meters or other public
44utility's equipment.

45(iv) Violating tariff provisions on file with the
46commission so as to endanger the safety of a person or
47the integrity of the public utility's delivery system.

48(2) Upon termination, the public utility shall [make a
49good faith attempt to] provide a post termination notice to
50the customer or a responsible person at the affected
51premises, [and, in] which shall state with specificity the
 

1facts underlying the grounds for the immediate termination.
2In the case of a single meter, multiunit dwelling, the public
3utility shall conspicuously post the notice at the dwelling,
4including in common areas when possible.

5(3) Occupants of premises affected by an immediate
6termination may dispute the termination with the public
7utility, and the public utility shall provide expedited
8review of the disputes, or the occupant may seek immediate
9review with the commission through an informal complaint or
10formal complaint.

11(d) Timing of termination.--[Notwithstanding the provisions
12of section 1503 (relating to discontinuance of service), a
13public utility may terminate service for the reasons set forth
14in subsection (a) from Monday through Friday as long as the
15public utility can accept payment to restore service on the
16following day and can restore service consistent with section
171407 (relating to reconnection of service).] A public utility 
18may not terminate service on a Friday, Saturday, Sunday, Federal 
19or State holiday or on any day before such holiday.

20(e) Winter termination.--

21(1) Unless otherwise authorized by the commission, after
22November 30 and before April 1, [an electric distribution
23utility or natural gas distribution utility] a public utility
24shall not terminate service to customers [with household
25incomes at or below 250% of the Federal poverty level] except
26for those customers whose actions conform to subsection (c)
27(1). [The commission shall not prohibit an electric
28distribution utility or natural gas distribution utility from
29terminating service in accordance with this section to
30customers with household incomes exceeding 250% of the
31Federal poverty level.

32(2) In addition to the winter termination authority set
33forth in paragraph (1), a city natural gas distribution
34operation may terminate service to a customer whose household
35income exceeds 150% of the Federal poverty level but does not
36exceed 250% of the Federal poverty level, and starting
37January 1, has not paid at least 50% of his charges for each
38of the prior two months unless the customer has done one of
39the following:

40(i) Has proven in accordance with commission rules
41that his household contains one or more persons who are
4265 years of age or over.

43(ii) Has proven in accordance with commission rules
44that his household contains one or more persons 12 years
45of age or younger.

46(iii) Has obtained a medical certification in
47accordance with commission rules.

48(iv) Has paid to the city natural gas distribution
49operation an amount representing at least 15% of the
50customer's monthly household income for each of the last
51two months.

1(3) At the time that the notice of termination required
2by subsection (b)(1)(i) is provided to the customer, the city
3natural gas distribution operation shall provide notice to
4the commission. The commission shall not stay the termination
5of service unless the commission finds that the customer
6meets the criteria in paragraph (2)(i), (ii), (iii) or (iv).]

7(f) Medical certification.--A public utility shall not
8terminate or refuse to reconnect service to a premises when a
9licensed physician [or], nurse practitioner [has certified that
10the customer or a member of the customer's household], midwife, 
11physician's assistant or other licensed or certified nurse has 
12certified that an occupant of the household is seriously ill or
13afflicted with a medical condition that will be aggravated by
14cessation of service. The customer shall obtain a [letter from a
15licensed physician] medical certificate verifying the condition
16and shall promptly forward it to the public utility. If, prior 
17to termination of service, a public utility employee is informed 
18that an occupant is seriously ill or is afflicted with a medical 
19condition that will be aggravated by the cessation of service 
20and that a medical certification will be procured, termination 
21may not occur for at least three days. The medical certification
22procedure shall be implemented in accordance with commission
23regulations.

24(g) Qualification for LIHEAP.--A notice of termination to a
25customer of a public utility shall be sufficient proof of a
26crisis for a customer with the requisite income level to receive
27a LIHEAP Crisis Grant from the Department of Public Welfare or
28its designee[.] as soon as practicable after the date of the 
29notice. Termination of service is not necessary to demonstrate 
30sufficient proof of crisis. A public utility shall accept 
31assignment of a LIHEAP Crisis Grant from the Department of 
32Public Welfare or its designee on behalf of a customer enrolled 
33in the utility's customer assistance program.

34(h) Dishonorable tender of payment after receiving
35termination notice.--

36(1) After a public utility has provided [a written]
37termination notice under subsection (b)(1)(i) [and attempted
38telephone contact as provided in subsection (b)(1)(ii)], (ii) 
39and (iii), termination of service may proceed without
40additional notice if:

41(i) a customer tenders payment which is subsequently 
42dishonored under 13 Pa.C.S. § 3502 (relating to 
43dishonor); [or]

44(ii) a customer tenders payment with an access 
45device, as defined in 18 Pa.C.S. § 4106(d) (relating to 
46access device fraud), which is unauthorized, revoked or 
47canceled[.]; or

48(iii) a customer tenders payment electronically that
49is subsequently dishonored, revoked, canceled or is
50otherwise not authorized.

51[(2) The public utility shall not be required by the

1commission to take any additional actions prior to the
2termination.]

3(i) Commission public health and safety authority.--
4Notwithstanding the provisions of this section and section
51405(f), the commission may temporarily prohibit termination or
6order the restoration of previously terminated services for
7public health and safety reasons and other extenuating
8circumstances.

9Amend Bill, page 8, lines 8 through 30; pages 9 and 10, lines
101 through 30; page 11, lines 1 through 7, by striking out all of
11said lines on said pages

12Amend Bill, page 11, line 8, by striking out "4" and 
13inserting

14 3

15Amend Bill, page 12, line 15, by striking out "5" and 
16inserting

17 4

18Amend Bill, page 13, line 12, by striking out "6" and 
19inserting

20 5

21Amend Bill, page 13, line 24, by striking out "7" and 
22inserting

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24Amend Bill, page 14, line 23, by striking out "8" and 
25inserting

26 7