Section 460.1630. Default of settlement agreement.  


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  • (1) If a small commercial customer fails to comply with the terms and conditions of a settlement agreement, a utility may discontinue service after notifying the customer, in writing, by personal service or  first-class mail, of all of the following:

    (a)  That the customer is in default of the settlement agreement.

    (b)   The nature of the default.

    (c)   That unless full payment of the claim is made within  10  days  of mailing of the notice, the utility will discontinue service.

    (d)  The date upon which service is scheduled to be discontinued.

    (2)   A utility is not required to enter into any subsequent settlement agreement with a customer until the customer has fully complied with the terms of any previous settlement agreement.

    (3)   A utility is not required to enter into any subsequent settlement agreement with a customer who has defaulted upon the terms and conditions of a previous agreement.

    (4)         If a settlement   agreement  is  reached  following  a   notice  of discontinuance, the failure of the customer to abide by the terms of the settlement agreement during the first 60 days after the agreement is made constitutes a waiver of the notice required by subrule (1) of this rule. However, before discontinuance, a utility shall  comply with  the  notice requirements of these rules.

History: 2008 AACS.