PRINTER'S NO. 3038
No. 2134 Session of 2007
INTRODUCED BY THOMAS, GEORGE, DERMODY, PARKER, SURRA, WATERS,
MUNDY, CRUZ, PAYTON, EACHUS, JAMES, W. KELLER, MANDERINO,
McCALL, YEWCIC, YOUNGBLOOD, COHEN, McGEEHAN, SABATINA,
J. TAYLOR, DONATUCCI, MYERS, ROEBUCK, BISHOP, JOSEPHS,
BELFANTI, BENNINGTON, FREEMAN, MAHONEY, PASHINSKI, KULA,
SHAPIRO, GIBBONS, COSTA, BLACKWELL, VITALI, M. SMITH, OLIVER,
FRANKEL AND DALEY, DECEMBER 13, 2007
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
DECEMBER 13, 2007
AN ACT
1 Amending Title 66 (Public Utilities) of the Pennsylvania
2 Consolidated Statutes, further providing, in responsible
3 utility customer protection, for definitions, for cash
4 deposits and household information requirements, for payment
5 agreements, for termination of utility service, for
6 reconnection of service, for liens by city natural gas
7 distribution operations and for reporting to General Assembly
8 and Governor.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. The definitions of "applicant," "customer
12 assistance program," "payment agreement," "public utility,"
13 "significant change in circumstance" and "water distribution
14 utility" in section 1403 of Title 66 of the Pennsylvania
15 Consolidated Statutes are amended and the section is amended by
16 adding definitions to read:
17 § 1403. Definitions.
18 The following words and phrases when used in this chapter
1 shall have the meanings given to them in this section unless the
2 context clearly indicates otherwise:
3 "Applicant." A natural person not currently receiving
4 service who applies for residential service provided by a public
5 utility [or any adult occupant whose name appears on the
6 mortgage, deed or lease of the property for which the
7 residential utility service is requested]. The term does not
8 include a person who, within 60 days after termination or
9 discontinuation of service, seeks to transfer service within the
10 service territory of the same utility or to reinstate service at
11 the same address.
12 * * *
13 "Customer assistance program." A plan or program sponsored
14 by a public utility for the purpose of providing universal
15 service and energy conservation, as defined by section 2202
16 (relating to definitions) or 2803 (relating to definitions), in
17 which customers make monthly payments based on household income
18 and household size and under which customers must comply with
19 certain responsibilities and restrictions in order to remain
20 eligible for the program. Enrollment of a customer or applicant
21 into a customer assistance program or the provision of customer
22 assistance program benefits to a customer does not constitute
23 the provisions of a PUC payment agreement or utility payment
24 agreement.
25 * * *
26 "Occupant." [(Reserved).] A person who resides in the
27 premises to which utility service is provided or requested.
28 ["Payment agreement." An agreement whereby a customer who
29 admits liability for billed service is permitted to amortize or
30 pay the unpaid balance of the account in one or more payments.]
20070H2134B3038 - 2 -
1 "Public utility." Any electric distribution utility[,] or
2 natural gas distribution utility [or water distribution utility]
3 in this Commonwealth that is within the jurisdiction of the
4 Pennsylvania Public Utility Commission.
5 "PUC payment agreement." An agreement ordered or approved by
6 the Pennsylvania Public Utility Commission whereby a customer
7 who admits liability for billed service is permitted to amortize
8 or pay the unpaid balance of the account in one or more
9 payments.
10 "Significant change in circumstance." Any of the following
11 criteria when verified by the public utility and experienced by
12 customers with household income less than 300% of the Federal
13 poverty level:
14 (1) The onset of a chronic or acute illness [resulting
15 in a significant loss in the customer's household income].
16 (2) Catastrophic damage to the customer's residence
17 resulting in a significant net cost to the customer's
18 household.
19 (3) Loss of the customer's residence.
20 (4) Increase in the customer's number of dependents in
21 the household.
22 "Utility payment agreement." An agreement entered into
23 between a public utility and a customer whereby a customer who
24 admits liability for billed service is permitted to amortize or
25 pay the unpaid balance of the account in one or more payments.
26 ["Water distribution utility." An entity owning or operating
27 equipment or facilities for diverting, developing, pumping,
28 impounding, distributing or furnishing water to or for the
29 public for compensation.]
30 Section 2. Sections 1404(a), (b), (c), (d), (e) and (g),
20070H2134B3038 - 3 -
1 1405, 1406, 1407, 1411, 1414 and 1415 of Title 66 are amended to
2 read:
3 § 1404. Cash deposits and household information requirements.
4 (a) General rule.--In addition to the right to collect a
5 deposit under any commission regulation or order, [the
6 commission shall not prohibit a public utility, prior to or as a
7 condition of providing utility service, from requiring] a public
8 utility may collect a cash deposit payable, during a 90-day
9 period in an amount that is equal to [one-sixth] one-twelfth of
10 the applicant's or customer's estimated annual bill[, at the
11 time the public utility determines a deposit is required,] from
12 the following:
13 (1) An applicant who previously received utility
14 distribution services and was a customer of the public
15 utility and whose service was terminated for any of the
16 following reasons:
17 (i) Nonpayment of an undisputed delinquent account.
18 (ii) Failure to complete payment of a deposit,
19 provide a guarantee or establish credit.
20 (iii) Failure to permit access to meters, service
21 connections or other property of the public utility for
22 the purpose of replacement, maintenance, repair or meter
23 reading.
24 (iv) Unauthorized use of the utility service
25 delivered on or about the affected dwelling.
26 (v) Failure to comply with the material terms of a
27 settlement or payment agreement.
28 (vi) Fraud or material misrepresentation of identity
29 for the purpose of obtaining utility service.
30 (vii) Tampering with meters, including, but not
20070H2134B3038 - 4 -
1 limited to, bypassing a meter or removal of an automatic
2 meter reading device or other public utility equipment.
3 (viii) Violating tariff provisions on file with the
4 commission so as to endanger the safety of a person or
5 the integrity of the delivery system of the public
6 utility.
7 (2) Any applicant or customer who is unable to establish
8 creditworthiness [to the satisfaction of the public utility]
9 through the use of a generally accepted credit scoring
10 methodology which [employs standards for using the
11 methodology that fall within the range of general industry
12 practice] is approved by the commission.
13 (3) A customer who fails to comply with a material term
14 or condition of a settlement or payment agreement.
15 (b) Third-party guarantor.--Nothing in this section shall be
16 construed to preclude an applicant from furnishing a third-party
17 guarantor in lieu of a cash deposit. The guaranty shall be in
18 writing and shall state the terms of the guaranty. The guarantor
19 shall be responsible for [all missed payments owed to the public
20 utility] the amount of the deposit that would otherwise be
21 required under this section.
22 (c) Deposit hold period.--
23 (1) A public utility may hold a deposit until a timely
24 payment history is established [or for a maximum period of
25 24] but no longer than 18 months.
26 (2) A timely payment history is established when a
27 customer has paid in full and on time for twelve consecutive
28 months.
29 (3) At the end of the deposit holding period as
30 established in paragraph (1), the public utility shall deduct
20070H2134B3038 - 5 -
1 the outstanding balance from the deposit and return or credit
2 any positive difference to the customer.
3 (4) If service is terminated before the end of the
4 deposit holding period as established in paragraph (1), the
5 public utility shall deduct the outstanding balance from the
6 deposit and return any positive difference to the customer
7 within 60 days of the termination.
8 (5) If a customer becomes delinquent before the end of
9 the deposit holding period as established in paragraph (1),
10 the public utility may deduct the outstanding balance from
11 the deposit.
12 (6) The public utility shall accrue on the deposit until
13 it is returned or credited the legal rate of interest
14 pursuant to section 202 of the act of January 30, 1974
15 (P.L.13, No.6), referred to as the Loan Interest and
16 Protection Law, and return such interest with the deposit.
17 (d) Adult occupants.--Prior to providing utility service, a
18 public utility may require the applicant to provide the [names]
19 name of each adult occupant residing at the location [and proof
20 of their identity] whose name appears on a mortgage, deed or
21 lease for the property.
22 (e) Failure to pay full amount of cash deposit.--A public
23 utility [shall not be required to provide service if the
24 applicant fails to pay the full amount of the cash deposit] may
25 terminate service, following notice pursuant to commission
26 regulations, if an applicant or customer fails to pay the full
27 amount of the cash deposit by the end of the 90-day payment
28 period.
29 * * *
30 (g) Estimated annual bill.--When used in this section, an
20070H2134B3038 - 6 -
1 estimated annual bill shall be calculated on the basis of the
2 annual bill to the dwelling at which service is being requested
3 for the prior 12 months or, if unavailable, a similar dwelling
4 in close proximity. In cases in which customers and applicants
5 are enrolled or are eligible for enrollment in a customer
6 assistance program are required to pay a deposit, that deposit
7 shall be limited to no more than the amount of one month's bill
8 under the customer assistance program.
9 * * *
10 § 1405. Payment agreements.
11 (a) General rule.--The commission is authorized to
12 investigate complaints regarding payment disputes between a
13 public utility, applicants and customers. The commission is
14 authorized to establish payment agreements between a public
15 utility, customers and applicants [within the limits established
16 by this chapter].
17 (b) Length of PUC payment agreements.--The length of time
18 for a customer to resolve an unpaid balance on an account that
19 is subject to a PUC payment agreement [that is investigated by
20 the commission and is entered into by a public utility and a
21 customer] shall not extend beyond:
22 (1) Five years for customers with a gross monthly
23 household income level not exceeding 150% of the Federal
24 poverty level.
25 (2) [Two] Three years for customers with a gross monthly
26 household income level exceeding 150% and not more than 250%
27 of the Federal poverty level.
28 (3) One year for customers with a gross monthly
29 household income level exceeding 250% of the Federal poverty
30 level and not more than 300% of the Federal poverty level.
20070H2134B3038 - 7 -
1 (4) Six months for customers with a gross monthly
2 household income level exceeding 300% of the Federal poverty
3 level.
4 (c) Customer assistance programs.--[Customer assistance
5 program rates shall be timely paid and shall not be the subject
6 of payment agreements negotiated or approved by the commission.]
7 When a customer contacts the public utility to make payment
8 arrangements, the public utility shall notify the customer
9 verbally and in writing about the public utility's customer
10 assistance program, inquire about the customer's eligibility and
11 enroll eligible customers into the customer assistance program,
12 if agreeable to the customer.
13 (d) Number of payment agreements.--Absent a change in income
14 or other significant change in circumstances, the commission
15 shall not [establish or] order a public utility to establish a
16 second or subsequent PUC payment agreement if a customer has
17 defaulted on a previous PUC payment agreement. [A public utility
18 may, at its discretion, enter into a second or subsequent
19 payment agreement with a customer.]
20 (e) Extension of PUC payment agreements.--If the customer
21 defaults on a PUC payment agreement [established under
22 subsections (a) and (b) as a result of a significant change in
23 circumstance], the commission may reinstate the payment
24 agreement and extend the remaining term for an initial period of
25 six months. The initial extension period may be extended for an
26 additional six months for good cause shown.
27 (f) Failure to comply with PUC payment agreement.--Failure
28 of a customer to comply with the terms of a PUC payment
29 agreement shall be grounds for a public utility to terminate the
30 customer's service. Pending the outcome of a complaint filed
20070H2134B3038 - 8 -
1 with the commission, a customer shall be obligated to pay that
2 portion of the bill which is not in dispute and subsequent bills
3 which are not in dispute.
4 (g) Utility payment agreement.--A public utility may enter
5 into one or more utility payment agreements in accordance with
6 regulations established by the commission.
7 § 1406. Termination of utility service.
8 (a) Authorized termination.--A public utility may notify a
9 customer and terminate service provided to a customer after
10 notice as provided in subsection (b) for any of the following
11 actions by the customer:
12 (1) Nonpayment of an undisputed delinquent account.
13 (2) Failure to comply with the material terms of a
14 payment agreement.
15 (3) Failure to complete payment of a deposit, provide a
16 guarantee of payment or establish credit.
17 (4) Failure to permit access to meters, service
18 connections or other property of the public utility for the
19 purpose of replacement, maintenance, repair or meter reading.
20 (5) Fraud or material misrepresentation of the
21 customer's identity for the purpose of obtaining service.
22 (b) [Notice of termination of service] Pretermination
23 notices, contacts and duties.--
24 (1) Prior to terminating service under subsection (a), a
25 public utility:
26 (i) Shall provide written notice of the termination
27 to the customer at least ten days prior to the date of
28 the proposed termination. The termination notice shall
29 remain effective for 60 days.
30 (ii) Shall [attempt to] contact the customer or
20070H2134B3038 - 9 -
1 occupant, [either] in person [or by telephone], to
2 provide notice of the proposed termination at least three
3 days prior to the scheduled termination. [Phone contact
4 shall be deemed complete upon attempted calls on two
5 separate days to the residence between the hours of 7
6 a.m. and 9 p.m. if the calls were made at various times
7 each day.]
8 (iii) [During the months of December through March,
9 unless] Unless personal contact has been made with the
10 customer or responsible adult by personally visiting the
11 customer's residence, the public utility shall, within 48
12 hours of the scheduled date of termination, post a notice
13 of the proposed termination at the service location.
14 (iv) After complying with paragraphs (ii) and (iii),
15 the public utility shall [attempt to] make personal
16 contact with the customer or responsible adult at the
17 time service is terminated. [Termination of service shall
18 not be delayed for failure to make personal contact.
19 (2) The public utility shall not be required by the
20 commission to take any additional actions prior to
21 termination.]
22 (2) For each notice and contact under paragraph (1) and
23 when the customer contacts the utility prior to termination,
24 the public utility shall notify the customer verbally and in
25 writing about the public utility's customer assistance
26 program, inquire about the customer's eligibility and enroll
27 eligible customers into the customer assistance program, if
28 agreeable to the customer.
29 (3) An application for a public utility's customer
30 assistance program shall stay termination of service for
20070H2134B3038 - 10 -
1 nonpayment until a decision has been made on the application,
2 and the utility shall cancel the termination of service upon
3 approval for enrollment in the assistance program.
4 (c) Grounds for immediate termination.--
5 (1) A public utility may immediately terminate service
6 for any of the following actions by the customer:
7 [(i) Unauthorized use of the service delivered on or
8 about the affected dwelling.
9 (ii) Fraud or material misrepresentation of the
10 customer's identity for the purpose of obtaining
11 service.]
12 (iii) Tampering with meters or other public
13 utility's equipment.
14 (iv) Violating tariff provisions on file with the
15 commission so as to endanger the safety of a person or
16 the integrity of the public utility's delivery system.
17 (2) Upon termination, the public utility shall [make a
18 good faith attempt to] provide a post termination notice to
19 the customer or a responsible person at the affected
20 premises, and, in the case of a single meter, multiunit
21 dwelling, the public utility shall conspicuously post the
22 notice at the dwelling, including in common areas when
23 possible.
24 (d) Timing of termination.--Notwithstanding the provisions
25 of section 1503 (relating to discontinuance of service), a
26 public utility may terminate service for the reasons set forth
27 in subsection (a) from Monday through Friday as long as the
28 public utility can accept payment to restore service on the
29 following day and can restore service consistent with section
30 1407 (relating to reconnection of service).
20070H2134B3038 - 11 -
1 (e) Winter termination.--
2 (1) Unless otherwise authorized by the commission, after
3 November 30 and before April 1, an electric distribution
4 utility or natural gas distribution utility shall not
5 terminate service to customers [with household incomes at or
6 below 250% of the Federal poverty level] except for those
7 customers whose actions conform to subsection (c)(1). [The
8 commission shall not prohibit an electric distribution
9 utility or natural gas distribution utility from terminating
10 service in accordance with this section to customers with
11 household incomes exceeding 250% of the Federal poverty
12 level.
13 (2) In addition to the winter termination authority set
14 forth in paragraph (1), a city natural gas distribution
15 operation may terminate service to a customer whose household
16 income exceeds 150% of the Federal poverty level but does not
17 exceed 250% of the Federal poverty level, and starting
18 January 1, has not paid at least 50% of his charges for each
19 of the prior two months unless the customer has done one of
20 the following:
21 (i) Has proven in accordance with commission rules
22 that his household contains one or more persons who are
23 65 years of age or over.
24 (ii) Has proven in accordance with commission rules
25 that his household contains one or more persons 12 years
26 of age or younger.
27 (iii) Has obtained a medical certification in
28 accordance with commission rules.
29 (iv) Has paid to the city natural gas distribution
30 operation an amount representing at least 15% of the
20070H2134B3038 - 12 -
1 customer's monthly household income for each of the last
2 two months.
3 (3) At the time that the notice of termination required
4 by subsection (b)(1)(i) is provided to the customer, the city
5 natural gas distribution operation shall provide notice to
6 the commission. The commission shall not stay the termination
7 of service unless the commission finds that the customer
8 meets the criteria in paragraph (2)(i), (ii), (iii) or (iv).]
9 (f) Medical certification.--A public utility shall not
10 terminate or refuse to reconnect service to a premises when a
11 licensed physician or nurse practitioner has certified that [the
12 customer or a member of the customer's] an occupant of the
13 household is seriously ill or afflicted with a medical condition
14 that will be aggravated by cessation of service. The [customer]
15 occupant shall obtain a letter or other form of notification
16 from a licensed physician or nurse practitioner verifying the
17 condition and shall promptly forward it to the public utility.
18 If, prior to termination of service, the utility employee is
19 informed that an occupant is seriously ill or is affected with a
20 medical condition which will be aggravated by a cessation of
21 service and that a medical certification will be procured,
22 termination may not occur for at least three days. The medical
23 certification procedure shall be implemented in accordance with
24 commission regulations.
25 (g) Qualification for LIHEAP.--A notice of termination to a
26 customer of a public utility shall be sufficient proof of a
27 crisis for a customer with the requisite income level to receive
28 a LIHEAP Crisis Grant from the Department of Public Welfare or
29 its designee. Between November 1 and March 31, a public utility
30 shall accept assignment of a LIHEAP Crisis Grant from the
20070H2134B3038 - 13 -
1 Department of Public Welfare or its designee on behalf of a
2 customer enrolled in the utility's customer assistance program.
3 (h) Dishonorable tender of payment after receiving
4 termination notice.--
5 (1) After a public utility has provided a written
6 termination notice under subsection [(b)(1)(i) and attempted
7 telephone contact as provided in subsection (b)(1)(ii)]
8 (b)(1)(iii) and (iv), termination of service may proceed
9 without additional notice if:
10 (i) a customer tenders payment which is subsequently
11 dishonored under 13 Pa.C.S. § 3502 (relating to
12 dishonor); or
13 (ii) a customer tenders payment with an access
14 device, as defined in 18 Pa.C.S. § 4106(d) (relating to
15 access device fraud), which is unauthorized, revoked or
16 canceled.
17 [(2) The public utility shall not be required by the
18 commission to take any additional actions prior to the
19 termination.]
20 § 1407. Reconnection of service.
21 (a) Fee.--A public utility may require a reconnection fee
22 based upon the public utility's cost as approved by the
23 commission prior to reconnection of service following lawful
24 termination of the service. This fee shall not exceed 1/12 of
25 the customer's outstanding balance.
26 (b) Timing.--When service to a dwelling has been terminated
27 and provided the applicant has met all applicable conditions,
28 the public utility shall reconnect service as follows:
29 (1) Within 24 hours for erroneous terminations or upon
30 receipt by the public utility of a valid medical
20070H2134B3038 - 14 -
1 certification.
2 (2) Within 24 hours for terminations occurring after
3 November 30 and before April 1.
4 (3) Within [three days] 48 hours for erroneous
5 terminations requiring street or sidewalk digging.
6 (4) Within [three days] 24 hours from April 1 to
7 November 30 for proper terminations.
8 (5) Within [seven days] 72 hours for proper terminations
9 requiring street or sidewalk digging.
10 (c) Payment to restore service.--
11 (1) A public utility shall provide for and inform the
12 applicant or customer of a location where the customer can
13 make payment to restore service. When there is a contact
14 between a public utility and an applicant or customer
15 concerning restoration of service, the utility shall also
16 notify the applicant or customer verbally and in writing
17 about the public utility's customer assistance program,
18 inquire about the person's eligibility and enroll those
19 eligible into the customer assistance program, if agreeable
20 to the applicant or customer.
21 (2) A public utility may require:
22 (i) Full payment of any reconnection fees together
23 with repayment over six months of any outstanding balance
24 incurred [together with any reconnection fees] by the
25 customer or applicant [prior to reconnection of service]
26 if the customer or applicant has an income exceeding 300%
27 of the Federal poverty level. [or has defaulted on two or
28 more payment agreements. If a customer or applicant with
29 household income exceeding 300% of the Federal poverty
30 level experiences a life event, the customer shall be
20070H2134B3038 - 15 -
1 permitted a period of not more than three months to pay
2 the outstanding balance required for reconnection. For
3 purposes of this subparagraph, a life event is:
4 (A) A job loss that extended beyond nine months.
5 (B) A serious illness that extended beyond nine
6 months.
7 (C) Death of the primary wage earner.]
8 (ii) Full payment of any reconnection fees together
9 with repayment over 12 months of any outstanding balance
10 incurred by the customer or applicant if the customer or
11 applicant has an income exceeding [150%] 250% of the
12 Federal poverty level but not greater than 300% of the
13 Federal poverty level.
14 (iii) Full payment of any reconnection fees together
15 with repayment over 36 months of any outstanding balance
16 incurred by the customer or applicant if the customer or
17 applicant has an income exceeding 150% of the Federal
18 poverty level but not greater than 250% of the Federal
19 poverty level.
20 [(iii)] (iv) Full payment of any reconnection fees
21 together with payment over [24] 60 months of any
22 outstanding balance incurred by the customer or applicant
23 if the customer or applicant has an income not exceeding
24 150% of the Federal poverty level. A customer or
25 applicant of a [city natural gas distribution operation]
26 public utility whose household income does not exceed
27 [135%] 150% of the Federal poverty level shall be
28 reinstated pursuant to this subsection only if the
29 customer or applicant enrolls in the customer assistance
30 program of the [city natural gas distribution operation]
20070H2134B3038 - 16 -
1 public utility except that this requirement shall not
2 apply if the financial benefits to such customer or
3 applicant are greater if served outside of that
4 assistance program.
5 (v) For customers enrolled in a public utility's
6 customer assistance program at the time of termination,
7 full payment of any reconnection fees together with a
8 portion of their unpaid customer assistance program
9 payments, to be determined according to standards
10 established by the commission.
11 (3) Between November 1 and March 31, a public utility
12 shall accept assignment of a LIHEAP Crisis Grant from the
13 Department of Public Welfare or its designee to restore
14 service to a customer enrolled in the utility's customer
15 assistance program.
16 (d) Payment of outstanding balance at premises.--A public
17 utility may also require the payment of any outstanding balance
18 or portion of an outstanding balance if the applicant [resided]
19 was a customer at the property for which service is requested
20 during the time the outstanding balance accrued and for the time
21 the applicant [resided there] was a customer.
22 (e) Approval.--A public utility may establish that an
23 applicant previously [resided] was a customer at a property for
24 which residential service is requested through the use of
25 mortgage, deed or lease information, a commercially available
26 consumer credit reporting service or other methods approved as
27 valid by the commission.
28 § 1411. Automatic meter readings.
29 All readings by an automatic meter reader device shall be
30 deemed actual readings for the purposes of this title[.] under
20070H2134B3038 - 17 -
1 the condition that the public utility shall obtain an actual
2 meter reading at least once every five years to verify the
3 accuracy of the remote reading device. If the customer of record
4 at the dwelling changes during the five-year period between
5 actual meter readings, the public utility shall make a bona fide
6 attempt to schedule an appointment with the departing customer
7 and, if necessary, the new occupant, to secure an actual meter
8 reading.
9 § 1414. [Liens] Fees by city natural gas distribution
10 operations.
11 [(a) General rule.--A city natural gas distribution
12 operation furnishing gas service to a property is entitled to
13 impose or assess a municipal claim against the property and file
14 as liens of record claims for unpaid natural gas distribution
15 service and other related costs, including natural gas supply,
16 in the court of common pleas of the county in which the property
17 is situated or, if the claim for the unpaid natural gas
18 distribution service does not exceed the maximum amount over
19 which the Municipal Court of Philadelphia has jurisdiction, in
20 the Municipal Court of Philadelphia, pursuant to sections 3 and
21 9 of the act of May 16, 1923 (P.L.207, No.153), referred to as
22 the Municipal Claim and Tax Lien Law, and Chapter 22 (relating
23 to natural gas competition).
24 (b) Residential field visit charge.--]A city natural gas
25 distribution operation is authorized to charge a minimum fee of
26 $10 for each instance in which its representative is required to
27 visit the residence of a customer in the process of attempting
28 to complete required service termination steps.
29 [(c) Refusal of service.--The commission shall permit a city
30 natural gas distribution operation to refuse to provide service
20070H2134B3038 - 18 -
1 to an applicant if the applicant has a pending lien or civil
2 judgment by the city natural gas distribution operation
3 outstanding against the applicant or against property owned in
4 whole or in part by the applicant unless the applicant enters
5 into a payment arrangement for the payment of the amount
6 associated with the lien or judgment that remains outstanding at
7 the time of the application.]
8 § 1415. Reporting [to General Assembly and Governor].
9 (a) General Assembly and Governor.--No later than two years
10 following the effective date of this chapter and every two years
11 thereafter, the commission shall submit a report to the
12 Governor, the Chief Clerk of the House of Representatives and
13 the Secretary of the Senate reviewing the implementation of the
14 provisions of this chapter. The report shall include, but not be
15 limited to:
16 (1) The degree to which the chapter's requirements have
17 been successfully implemented.
18 (2) The effect upon the cash working capital or cash
19 flow, uncollectible levels and collections of the affected
20 public utilities.
21 (3) The level of access to utility services by
22 residential customers, including low-income customers.
23 (4) The effect upon the level of consumer complaints and
24 mediations filed with and adjudicated by the commission.
25 (b) General public.--The commission shall report the
26 following on its publicly accessible Internet website:
27 (1) Termination of service data of each utility on a
28 monthly basis.
29 (2) Immediate reporting of utility-related deaths,
30 injuries, fires and property damage resulting from denial of
20070H2134B3038 - 19 -
1 termination of utility service.
2 (3) Numbers of customers eligible for a public utility's
3 customer assistance program and actual numbers enrolled in
4 the assistance program for each public utility on a monthly
5 basis.
6 (c) Data submission.--Public utilities affected by this
7 chapter shall provide data required by the commission to
8 complete [this report.] the reports required by this section.
9 (d) Recommendations.--In its recommendations, the commission
10 may also propose any legislative or other changes which it deems
11 appropriate to the Governor and the General Assembly.
12 Section 3. This act shall take effect in 60 days.
L10L66DMS/20070H2134B3038 - 20 -