Section 460.148. Winter protection plan for low-income customers.

(1) Except where unauthorized use of utility service  has occurred, a utility shall not shut off service to an eligible low-income customer during the space heating  season  for   nonpayment  of  a  delinquent account if the customer pays to the

utility a monthly amount equal to 7% of the estimated annual bill for the eligible customer and the eligible customer demonstrates, within 14 days of requesting shutoff protection, that he or she has made application for state or federal heating assistance. If an arrearage exists at the time an eligible low-income customer applies for protection from shutoff of service during the space heating season, the utility shall permit the customer to pay the arrearage in equal monthly installments between the date of application and the start of the subsequent space heating season.

(2)   A utility may shut off service to an eligible low-income customer who does not pay the monthly amounts referred to in subrule (1) of this  rule after giving notice in the manner required by these rules. The utility is not required to offer a settlement agreement to an eligible low-income customer who fails to make the monthly payments referred to in  subrule  (1)  of this rule.

(3)     If an eligible low-income customer fails to comply with the terms and conditions of this rule, a utility may shut off service after  giving  the customer notice, by personal service or first-class mail, which contains all of the following information:

(a)     The  eligible  low-income  customer  has  defaulted   on  the    winter protection

plan.

(b)   The nature of the default.

(c)   That unless the customer makes the payments that are  past  due  under this rule

within 10 days of the date of mailing, the  utility may shut  off service.

(d)  The date on or after which the utility may shut off service, unless the customer takes appropriate action.

(e)   That the customer has the right to file a complaint disputing the claim of the utility before the date of the proposed shutoff of service by calling the company.

(f)   That the customer has the right to request a hearing before a hearing officer if the complaint cannot be otherwise resolved and that the customer must pay to the utility that portion of the bill that is not in dispute within 7 business days of the date that the customer requests a hearing.

(g)   That the customer has the right to represent himself or herself, to be represented by counsel, or to be assisted by other persons of his or her choice in the complaint process.

(h)   That the utility will not shut off service pending the resolution of a complaint that is filed with the utility or the commission in accordance with these rules.

(i)   The telephone number and address of the utility where the customer may make inquiry, enter into a settlement agreement, or file a complaint.

(j)    That the customer should contact a social services agency immediately if the customer believes he or she might be eligible for  emergency economic assistance.

(k)   That the utility will postpone shutoff of service if a medical emergency exists at the customer's residence and the customer provides the documentation as specified in R 460.147.

(l)   That the utility may require a deposit and restoration charge if the utility shuts off service for nonpayment of winter protection monthly amounts.

(m)   That the utility will not shut off service if the customer or the spouse of the customer is on active military duty.

(4)   At the conclusion of the space heating season, the utility shall reconcile the accounts of eligible low-income customers and permit   customers to pay any amounts

owing in equal monthly installments between April 1 and October 31. A utility may shut off service to eligible customers who fail to make installment payments on a timely basis in the manner required  by these rules.

(5)   Except where unauthorized use of utility service has occurred at a customer's premises within the past 2 years and the bill remains unpaid, during the space heating season a utility shall not require  an  eligible low-income customer, whose utility service has been shut off, to pay a fee for restoring service or a security deposit pursuant to the provisions of R 460.109 or R 460.110, before applying for protection under this rule.

(6)   Except where unauthorized use of utility service has occurred within the past 2 years at the premises where the customer has resided and the bill remains unpaid or safety is a concern, a utility may not require an amount greater than 1/12 of an arrearage owed in order to restore service or initiate participation in the winter protection plan

(7)   Winter protection provisions of these rules do not apply to customers who have been shut off or who have a pending shutoff for unauthorized use of utility service within the past 2 years at the customer's current premises until all charges are paid in accordance with these rules or satisfactory payment arrangements are made with the utility.

(8)    Upon request, the utility shall provide customers who enroll in the winter protection program with documentation that they are participating in the program.

(9)  Bills issued to customers participating in the winter protection program shall clearly identify the minimum amount that the customer must pay to prevent shutoff of service. Utilities may bill at higher amounts to recover past due amounts and the utility may encourage customers to pay amounts in excess of the minimum provided that the minimum payment is clearly designated on the bill.

(10)   Subject to prior commission approval, a utility may offer an optional shutoff protection program to its customers, provided that the optional shutoff protection program offers eligibility and shutoff protection that meets or exceeds the eligibility criteria and customer protections  contained in subrule (1) of this rule.

History: 2007 AACS.