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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY PRESTON, BRENNAN, D. COSTA, HALUSKA, HORNAMAN, HOUGHTON, JOSEPHS, MELIO, READSHAW, SIPTROTH, SOLOBAY AND WATERS, APRIL 30, 2009 |
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| REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, APRIL 30, 2009 |
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| AN ACT |
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1 | Amending Title 66 (Public Utilities) of the Pennsylvania |
2 | Consolidated Statutes, in responsible utility customer |
3 | protection, further providing for definitions, for cash |
4 | deposits and household information requirements, for payment |
5 | agreements, for termination of utility service and for |
6 | reconnection of service. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. The definition of "payment agreement" in section |
10 | 1403 of Title 66 of the Pennsylvania Consolidated Statutes is |
11 | amended to read: |
12 | § 1403. Definitions. |
13 | The following words and phrases when used in this chapter |
14 | shall have the meanings given to them in this section unless the |
15 | context clearly indicates otherwise: |
16 | * * * |
17 | "Payment agreement." An agreement between a customer who |
18 | admits liability for billed service and either the Pennsylvania |
19 | Public Utility Commission or a public utility whereby [a |
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1 | customer who admits liability for billed service] the customer |
2 | is permitted to amortize or pay the unpaid balance of the |
3 | account in one or more payments. |
4 | * * * |
5 | Section 2. Sections 1404(a)(2) and (c)(1), 1405(d), 1406(b) |
6 | (1), (c)(1) and (d) and 1407(b) of Title 66 are amended to read: |
7 | § 1404. Cash deposits and household information requirements. |
8 | (a) General rule.--In addition to the right to collect a |
9 | deposit under any commission regulation or order, the commission |
10 | shall not prohibit a public utility, prior to or as a condition |
11 | of providing utility service, from requiring a cash deposit in |
12 | an amount that is equal to one-sixth of the applicant's |
13 | estimated annual bill, at the time the public utility determines |
14 | a deposit is required, from the following: |
15 | * * * |
16 | (2) Any applicant or customer who is unable to establish |
17 | creditworthiness to the satisfaction of the public utility. |
18 | [through the use of a generally accepted credit scoring |
19 | methodology which employs standards for using the methodology |
20 | that fall within the range of general industry practice.] In |
21 | evaluating creditworthiness under this paragraph, the public |
22 | utility shall place emphasis on overall satisfactory utility |
23 | payment history. |
24 | * * * |
25 | (c) Deposit hold period.-- |
26 | (1) A public utility may hold a deposit until a timely |
27 | payment history is established or for a maximum period of |
28 | [24] 18 months. |
29 | * * * |
30 | § 1405. Payment agreements. |
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1 | * * * |
2 | (d) Number of payment agreements.--Absent a change in |
3 | income, the commission shall not establish or order a public |
4 | utility to establish [a second or subsequent payment agreement] |
5 | more than two payment agreements within a five-year period if a |
6 | customer has defaulted on a previous payment agreement. A public |
7 | utility may, at its discretion, enter into a second or |
8 | subsequent payment agreement with a customer. |
9 | * * * |
10 | § 1406. Termination of utility service. |
11 | * * * |
12 | (b) Notice of termination of service.-- |
13 | (1) Prior to terminating service under subsection (a), a |
14 | public utility: |
15 | (i) Shall provide written notice of the termination |
16 | to the customer at least [ten] fifteen days prior to the |
17 | date of the proposed termination. [The termination notice |
18 | shall remain effective for 60 days.] |
19 | (ii) Shall attempt to contact the customer or |
20 | occupant, either in person or by telephone, to provide |
21 | notice of the proposed termination at least [three] five |
22 | days prior to the scheduled termination. Phone contact |
23 | shall be deemed complete upon attempted calls on two |
24 | separate days to the residence between the hours of 7 |
25 | a.m. and 9 p.m. if the calls were made at various times |
26 | each day. |
27 | (iii) During the months of December through March, |
28 | unless personal contact has been made with the customer |
29 | or responsible adult [by personally visiting the |
30 | customer's residence], the public utility shall, within |
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1 | 48 hours of the scheduled date of termination, post a |
2 | notice of the proposed termination at the service |
3 | location. |
4 | (iv) After complying with paragraphs (ii) and (iii), |
5 | the public utility shall attempt to make personal contact |
6 | with the customer or responsible adult at the time |
7 | service is terminated. Termination of service shall not |
8 | be delayed for failure to make personal contact. |
9 | * * * |
10 | (c) Grounds for immediate termination.-- |
11 | (1) A public utility may immediately terminate service |
12 | for any of the following actions by the customer: |
13 | (i) Unauthorized use of the service delivered on or |
14 | about the affected dwelling. |
15 | (ii) Fraud or material misrepresentation of the |
16 | customer's identity for the purpose of obtaining service, |
17 | upon validation of the misrepresentation. |
18 | (iii) Tampering with meters or other public |
19 | utility's equipment. |
20 | (iv) Violating tariff provisions on file with the |
21 | commission so as to endanger the safety of a person or |
22 | the integrity of the public utility's delivery system. |
23 | * * * |
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] Thursday as long |
28 | as the public utility can accept payment to restore service on |
29 | the following day and can restore service consistent with |
30 | section 1407 (relating to reconnection of service). |
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1 | * * * |
2 | § 1407. Reconnection of service. |
3 | * * * |
4 | (b) Timing.--When service to a dwelling has been terminated |
5 | and provided the applicant has met all applicable conditions, |
6 | the public utility shall reconnect service as follows: |
7 | (1) Within 24 hours for erroneous terminations or upon |
8 | receipt by the public utility of a valid medical |
9 | certification. |
10 | (2) Within 24 hours for terminations occurring after |
11 | November 30 and before April 1. |
12 | (3) Within [three days] 48 hours for erroneous |
13 | terminations requiring street or sidewalk digging. |
14 | (4) Within three days from April 1 to November 30 for |
15 | proper terminations. |
16 | (5) Within seven days for proper terminations requiring |
17 | street or sidewalk digging. |
18 | * * * |
19 | Section 3. This act shall take effect in 60 days. |
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