HOUSE AMENDED PRIOR PRINTER'S NOS. 792, 1547 PRINTER'S NO. 1778
No. 689 Session of 2003
INTRODUCED BY CONTI, THOMPSON, ROBBINS, STOUT AND WOZNIAK, MAY 2, 2003
AS REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 29, 2004
AN ACT 1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled 2 "An act providing for and reorganizing the conduct of the 3 executive and administrative work of the Commonwealth by the 4 Executive Department thereof and the administrative 5 departments, boards, commissions, and officers thereof, 6 including the boards of trustees of State Normal Schools, or 7 Teachers Colleges; abolishing, creating, reorganizing or 8 authorizing the reorganization of certain administrative 9 departments, boards, and commissions; defining the powers and 10 duties of the Governor and other executive and administrative 11 officers, and of the several administrative departments, 12 boards, commissions, and officers; fixing the salaries of the 13 Governor, Lieutenant Governor, and certain other executive 14 and administrative officers; providing for the appointment of 15 certain administrative officers, and of all deputies and 16 other assistants and employes in certain departments, boards, 17 and commissions; and prescribing the manner in which the 18 number and compensation of the deputies and all other 19 assistants and employes of certain departments, boards and 20 commissions shall be determined," further regulating duties 21 of Department of Community and Economic Development; <-- 22 PROVIDING FOR DEFINITIONS, FOR COLLECTION OF CASH DEPOSITS BY 23 PUBLIC UTILITIES AS A CONDITION OF PROVISION OR RECONNECTION 24 OF SERVICES AND FOR PROCEDURES FOR NOTICE OF TERMINATION OF 25 UTILITY SERVICE; AUTHORIZING THE PENNSYLVANIA PUBLIC UTILITY 26 COMMISSION TO MEDIATE PAYMENT AGREEMENTS AND ACCEPT CUSTOMER 27 COMPLAINTS; PROVIDING FOR LANDLORD DUTIES, FOR TAX INCREMENT 28 DISTRICTS AND KEYSTONE OPPORTUNITY ZONES, FOR REPORTING OF 29 DELINQUENT CUSTOMERS AND FOR REPORTING OF RECIPIENTS OF 30 PUBLIC ASSISTANCE; AND ABROGATING CERTAIN REGULATIONS AND 31 ORDINANCES OF FIRST CLASS CITIES RELATING TO PUBLIC
1 UTILITIES.
2 The General Assembly of the Commonwealth of Pennsylvania
3 hereby enacts as follows:
4 Section 1. Section 1209 of the act of April 9, 1929
5 (P.L.177, No.175), known as The Administrative Code of 1929,
6 amended February 1, 1966 (1965 P.L.1849, No.582), is amended to
7 read:
8 Section 1209. Local Government [Budget and] Financial
9 Reports; Compilation of Statistics.--The Department of Community
10 [Affairs] and Economic Development shall have power and its duty
11 shall be:
12 [(a) To prepare, in cooperation with duly authorized
13 committees of local government officials, and furnish annually
14 at the expense of the Commonwealth, to the corporate authorities
15 of each county (except counties of the first class), city of the
16 third class, borough, incorporated town, township, school
17 district of the second, third, and fourth class blank forms
18 suitable for the making of budgets by the proper authorities of
19 said local government and for the filing of a copy of the budget
20 after adoption with said department.]
21 (b) To furnish to the corporate authorities of each county
22 (except counties of the first class), city of the third class,
23 borough, incorporated town, township suitable blank forms for
24 the making of annual reports of the financial condition of their
25 respective local governments to the department, which forms for
26 financial report purposes shall be placed by said corporate
27 authorities into the hands of the director, controller or
28 auditors who by law are required to make such financial reports
29 to the department. Such annual financial reports shall be
30 prepared in cooperation with [aforesaid] duly authorized
20030S0689B1778 - 2 -
1 committees of local government officials and shall contain: (1)
2 a statement of the receipts of the unit of local government from
3 all sources [and of all accounts and revenue which may be due
4 and uncollected at the close of the fiscal year]; (2) a
5 statement of the disbursements for all the governmental
6 activities of the unit of local government during the fiscal
7 year; (3) a detailed statement of the indebtedness of the unit
8 of local government at the close of the fiscal year[, the
9 provisions made for the payment thereof, together with the
10 purposes for which it was incurred; (4) a statement of the cost
11 of ownership and operation of each and every public service
12 industry owned, maintained or operated by the unit of local
13 government]; (5) such further or more specific information in
14 relation to the cost of any branch of the local government and
15 improvements therein as may be required by the department.
16 [In the case of blank forms for financial reports by
17 townships of the second class and counties, the same shall be so
18 arranged that corresponding data and information, required to be
19 reported by said units of local government to the Department of
20 Highways or the Department of Public Welfare, may be used for
21 the information required to be furnished to the Department of
22 Community Affairs under this section.]
23 (c) The substance of the annual [budget and] financial
24 reports, required by law to be made to the Department of
25 Community [Affairs] and Economic Development by the corporate
26 officers, directors, controllers, and auditors of units of local
27 government, shall be arranged by said department in such form as
28 shall indicate the comparative receipts from the various sources
29 of revenue and the comparative costs of the several branches of
30 local government in the governments making such reports, shall
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1 be published at the cost of the Commonwealth in an annual 2 statement of comparative statistics which shall be issued [for 3 each class of local government] as a public document in printed 4 and electronic form, and shall be submitted by the department to 5 the General Assembly at each regular session. Copies thereof 6 shall also be [furnished] made available by the department to 7 each such local government unit named therein. 8 Section 2. This act shall take effect in 60 days. <-- 9 SECTION 2. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ: <-- 10 ARTICLE XXVIII-D 11 RESPONSIBLE UTILITY CUSTOMER PROTECTION. 12 SECTION 2801-D. SHORT TITLE. 13 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE RESPONSIBLE 14 UTILITY CUSTOMER PROTECTION ACT. 15 SECTION 2802-D. DECLARATION OF POLICY. 16 THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS: 17 (1) FORMAL SERVICE RULES WERE FIRST ADOPTED BY THE 18 PENNSYLVANIA PUBLIC UTILITY COMMISSION IN 1978 WITH THE 19 STATED GOAL OF ENFORCING UNIFORM, FAIR AND EQUITABLE 20 RESIDENTIAL UTILITY SERVICE STANDARDS GOVERNING ELIGIBILITY 21 CRITERIA, CREDIT AND DEPOSIT PRACTICES, ACCOUNT BILLING, 22 TERMINATION AND RESTORATION OF SERVICE PROCEDURES AND 23 CUSTOMER COMPLAINT PROCEDURES. THESE RULES HAVE NOT 24 SUCCESSFULLY MANAGED THE ISSUE OF BILL PAYMENT. INCREASING 25 AMOUNTS OF UNPAID BILLS NOW THREATEN PAYING CUSTOMERS WITH 26 HIGHER RATES DUE TO OTHER CUSTOMERS' DELINQUENCIES. 27 (2) THE GENERAL ASSEMBLY BELIEVES THAT THE TIME IS NOW 28 TO REVISIT THESE RULES AND PROVIDE PROTECTIONS AGAINST RATE 29 INCREASES FOR TIMELY PAYING CUSTOMERS RESULTING FROM OTHER 30 CUSTOMERS' DELINQUENCIES. THE GENERAL ASSEMBLY SEEKS TO 20030S0689B1778 - 4 -
1 ACHIEVE GREATER EQUITY BY ELIMINATING OPPORTUNITIES FOR 2 CUSTOMERS CAPABLE OF PAYING TO AVOID THE TIMELY PAYMENT OF 3 PUBLIC UTILITY BILLS. 4 (3) THROUGH THIS ACT, THE GENERAL ASSEMBLY SEEKS TO 5 PROVIDE PUBLIC UTILITIES DOING BUSINESS IN THIS COMMONWEALTH 6 WITH AN EQUITABLE MEANS TO REDUCE THEIR UNCOLLECTIBLE 7 ACCOUNTS BY MODIFYING THE PROCEDURES FOR DELINQUENT ACCOUNT 8 COLLECTIONS AND BY INCREASING TIMELY COLLECTIONS. AT THE SAME 9 TIME, THE GENERAL ASSEMBLY SEEKS TO ENSURE THAT PUBLIC 10 UTILITY SERVICE REMAINS AVAILABLE TO ALL CUSTOMERS ON 11 REASONABLE TERMS AND CONDITIONS. 12 SECTION 2803-D. DEFINITIONS. 13 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE 14 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 15 CONTEXT CLEARLY INDICATES OTHERWISE: 16 "AMR." AUTOMATIC METER READ OR READER. 17 "APPLICANT." A PERSON WHO APPLIES FOR RESIDENTIAL SERVICE 18 PROVIDED BY A PUBLIC UTILITY AND ALL ADULT OCCUPANTS OF THE 19 PERSON'S HOUSEHOLD. 20 "CHANGE IN CIRCUMSTANCE." A DECREASE IN TOTAL HOUSEHOLD 21 INCOME RESULTING IN A HOUSEHOLD INCOME LEVEL NOT EXCEEDING 150% 22 OF THE FEDERAL POVERTY LEVEL WHEN THE INCOME LEVEL PRIOR TO THE 23 DECREASE WAS 150% OR MORE OF THE FEDERAL POVERTY LEVEL. 24 "CITY NATURAL GAS DISTRIBUTION OPERATION." A COLLECTION OF 25 REAL AND PERSONAL ASSETS USED FOR DISTRIBUTING NATURAL GAS TO 26 RETAIL GAS CUSTOMERS OWNED BY A CITY OR A MUNICIPAL AUTHORITY, 27 NONPROFIT CORPORATION OR PUBLIC CORPORATION FORMED PURSUANT TO 28 66 PA.C.S. § 2212(M) (RELATING TO CITY NATURAL GAS DISTRIBUTION 29 OPERATIONS). 30 "COMMISSION." THE PENNSYLVANIA PUBLIC UTILITY COMMISSION. 20030S0689B1778 - 5 -
1 "CUSTOMER." A PERSON IN WHOSE NAME A RESIDENTIAL SERVICE 2 ACCOUNT IS LISTED AND WHO IS PRIMARILY RESPONSIBLE FOR PAYMENT 3 OF BILLS RENDERED FOR THE SERVICE AND ANY ADULT OCCUPANT OF SUCH 4 PERSON'S HOUSEHOLD. 5 "CUSTOMER ASSISTANCE PROGRAM." A PLAN OR PROGRAM SPONSORED 6 BY A PUBLIC UTILITY FOR THE PURPOSE OF PROVIDING UNIVERSAL 7 SERVICE, AS DEFINED BY 66 PA.C.S. § 2202 (RELATING TO 8 DEFINITIONS), IN WHICH CUSTOMERS MAKE MONTHLY PAYMENTS BASED ON 9 GROSS INCOME AND HOUSEHOLD SIZE AND UNDER WHICH CUSTOMERS MUST 10 COMPLY WITH CERTAIN RESPONSIBILITIES AND RESTRICTIONS IN ORDER 11 TO REMAIN ELIGIBLE FOR THE PROGRAM. 12 "ELECTRIC DISTRIBUTION UTILITY." AN ENTITY PROVIDING 13 FACILITIES FOR THE JURISDICTIONAL TRANSMISSION AND DISTRIBUTION 14 OF ELECTRICITY TO RETAIL CUSTOMERS, EXCEPT BUILDING OR FACILITY 15 OWNERS OR OPERATORS THAT MANAGE THE INTERNAL DISTRIBUTION SYSTEM 16 SERVING SUCH BUILDING OR FACILITY AND THAT SUPPLY ELECTRIC POWER 17 AND OTHER RELATED ELECTRIC POWER SERVICES TO OCCUPANTS OF THE 18 BUILDING OR FACILITY. 19 "HOUSEHOLD INCOME." THE COMBINED GROSS INCOME OF ALL ADULTS 20 IN A RESIDENTIAL HOUSEHOLD WHO BENEFIT FROM THE PUBLIC UTILITY 21 SERVICE. 22 "LIHEAP" OR "LOW INCOME HOME ENERGY ASSISTANCE PROGRAM." A 23 FEDERALLY FUNDED PROGRAM THAT PROVIDES FINANCIAL ASSISTANCE IN 24 THE FORM OF CASH AND CRISIS GRANTS TO LOW-INCOME HOUSEHOLDS FOR 25 HOME ENERGY BILLS AND IS ADMINISTERED BY THE DEPARTMENT OF 26 PUBLIC WELFARE. 27 "NATURAL GAS DISTRIBUTION SERVICE." THE DELIVERY OF NATURAL 28 GAS TO RETAIL GAS CUSTOMERS UTILIZING THE JURISDICTIONAL 29 FACILITIES OF A NATURAL GAS DISTRIBUTION UTILITY. 30 "NATURAL GAS DISTRIBUTION UTILITY." A CITY NATURAL GAS 20030S0689B1778 - 6 -
1 DISTRIBUTION OPERATION OR ENTITY THAT PROVIDES NATURAL GAS 2 DISTRIBUTION SERVICES AND MAY PROVIDE NATURAL GAS SUPPLY 3 SERVICES AND OTHER SERVICES. FOR PURPOSES OF THIS ACT, THE TERM 4 DOES NOT INCLUDE EITHER OF THE FOLLOWING: 5 (1) ANY PUBLIC UTILITY PROVIDING NATURAL GAS 6 DISTRIBUTION SERVICES SUBJECT TO THE JURISDICTION OF THE 7 PENNSYLVANIA PUBLIC UTILITY COMMISSION THAT HAS ANNUAL GAS 8 OPERATING REVENUES OF LESS THAN $6,000,000 PER YEAR, EXCEPT 9 WHERE THE PUBLIC UTILITY VOLUNTARILY PETITIONS THE COMMISSION 10 TO BE INCLUDED WITHIN THIS DEFINITION OR WHERE THE PUBLIC 11 UTILITY SEEKS TO PROVIDE NATURAL GAS SUPPLY SERVICES TO 12 RETAIL GAS CUSTOMERS OUTSIDE ITS SERVICE TERRITORY. 13 (2) ANY PUBLIC UTILITY PROVIDING NATURAL GAS 14 DISTRIBUTION SERVICES SUBJECT TO THE JURISDICTION OF THE 15 COMMISSION THAT IS NOT CONNECTED TO AN INTERSTATE GAS 16 PIPELINE BY MEANS OF A DIRECT CONNECTION OR AN INDIRECT 17 CONNECTION THROUGH THE DISTRIBUTION SYSTEM OF ANOTHER NATURAL 18 GAS PUBLIC UTILITY OR THROUGH A NATURAL GAS GATHERING SYSTEM. 19 "NATURAL GAS SUPPLY SERVICES." THE SALE OR ARRANGEMENT OF 20 THE SALE OF NATURAL GAS TO RETAIL GAS CUSTOMERS AND SERVICES 21 THAT MAY BE UNBUNDLED BY THE PENNSYLVANIA PUBLIC UTILITY 22 COMMISSION UNDER 66 PA.C.S. § 2203(3) (RELATING TO STANDARDS FOR 23 RESTRUCTURING OF NATURAL GAS UTILITY INDUSTRY). THE TERM DOES 24 NOT INCLUDE NATURAL GAS DISTRIBUTION SERVICE. 25 "PAYMENT AGREEMENT." AN AGREEMENT WHEREBY A CUSTOMER WHO 26 ADMITS LIABILITY FOR BILLED SERVICE IS PERMITTED TO AMORTIZE OR 27 PAY THE UNPAID BALANCE OF THE ACCOUNT IN ONE OR MORE PAYMENTS. 28 "PUBLIC UTILITY." ANY ELECTRIC DISTRIBUTION UTILITY, NATURAL 29 GAS DISTRIBUTION UTILITY OR WATER DISTRIBUTION UTILITY IN THIS 30 COMMONWEALTH THAT IS WITHIN THE JURISDICTION OF THE PENNSYLVANIA 20030S0689B1778 - 7 -
1 PUBLIC UTILITY COMMISSION. 2 "WATER DISTRIBUTION UTILITY." AN ENTITY OWNING OR OPERATING 3 EQUIPMENT OR FACILITIES FOR DIVERTING, DEVELOPING, PUMPING, 4 IMPOUNDING, DISTRIBUTING OR FURNISHING WATER TO OR FOR THE 5 PUBLIC FOR COMPENSATION. 6 SECTION 2804-D. CASH DEPOSITS; HOUSEHOLD INFORMATION 7 REQUIREMENTS. 8 (A) GENERAL RULE.--THE COMMISSION SHALL NOT PROHIBIT A 9 PUBLIC UTILITY, PRIOR TO OR AS A CONDITION OF PROVIDING UTILITY 10 SERVICE, FROM REQUIRING A CASH DEPOSIT IN AN AMOUNT THAT IS THE 11 ESTIMATED AMOUNT OF THE APPLICANT'S BILL FOR TWO MONTHS, PAID IN 12 FULL AT THE TIME THE PUBLIC UTILITY DETERMINES A DEPOSIT IS 13 REQUIRED, FROM THE FOLLOWING: 14 (1) AN APPLICANT REQUESTING UTILITY DISTRIBUTION 15 SERVICES FOR THE FIRST TIME WHO HAS NOT PREVIOUSLY BEEN A 16 CUSTOMER OF THE PUBLIC UTILITY. 17 (2) AN APPLICANT WHO PREVIOUSLY RECEIVED UTILITY 18 DISTRIBUTION SERVICES AND WAS A CUSTOMER OF THE PUBLIC 19 UTILITY AND WHOSE SERVICE WAS TERMINATED FOR ANY OF THE 20 FOLLOWING REASONS: 21 (I) NONPAYMENT OF AN UNDISPUTED DELINQUENT ACCOUNT. 22 (II) FAILURE TO POST A DEPOSIT, PROVIDE A GUARANTEE 23 OR ESTABLISH CREDIT. 24 (III) FAILURE TO PERMIT ACCESS TO METERS, SERVICE 25 CONNECTIONS OR OTHER PROPERTY OF THE PUBLIC UTILITY FOR 26 THE PURPOSE OF REPLACEMENT, MAINTENANCE, REPAIR OR METER 27 READING. 28 (IV) UNAUTHORIZED USE OF THE UTILITY SERVICE 29 DELIVERED ON OR ABOUT THE AFFECTED DWELLING. 30 (V) FAILURE TO COMPLY WITH THE MATERIAL TERMS OF A 20030S0689B1778 - 8 -
1 SETTLEMENT OR PAYMENT AGREEMENT. 2 (VI) FRAUD OR MATERIAL MISREPRESENTATION OF IDENTITY 3 FOR THE PURPOSE OF OBTAINING UTILITY SERVICE. 4 (VII) TAMPERING WITH METERS, INCLUDING, BUT NOT 5 LIMITED TO, BYPASSING A METER OR REMOVAL OF AN AMR DEVICE 6 OR OTHER PUBLIC UTILITY EQUIPMENT. 7 (VIII) VIOLATING TARIFF PROVISIONS ON FILE WITH THE 8 COMMISSION SO AS TO ENDANGER THE SAFETY OF A PERSON OR 9 THE INTEGRITY OF THE DELIVERY SYSTEM OF THE PUBLIC 10 UTILITY. 11 (3) A CUSTOMER CURRENTLY RECEIVING UTILITY SERVICES WHO 12 HAS BEEN DELINQUENT IN THE PAYMENT OF ANY TWO CONSECUTIVE 13 BILLS OR THREE OR MORE BILLS WITHIN THE PRECEDING 12 MONTHS. 14 (4) ANY APPLICANT OR CUSTOMER WHO IS UNABLE TO ESTABLISH 15 CREDITWORTHINESS TO THE SATISFACTION OF THE PUBLIC UTILITY. 16 (B) DEPOSIT HOLD PERIOD.--A PUBLIC UTILITY MAY HOLD A 17 DEPOSIT FOR UP TO 36 MONTHS UNTIL A TIMELY PAYMENT HISTORY IS 18 ESTABLISHED. A TIMELY PAYMENT HISTORY IS ESTABLISHED WHEN A 19 CUSTOMER HAS PAID IN FULL AND ON TIME FOR 12 CONSECUTIVE MONTHS. 20 THE PUBLIC UTILITY SHALL PAY AND ACCRUE ON THE DEPOSIT THE LEGAL 21 RATE OF INTEREST PURSUANT TO SECTION 202 OF THE ACT OF JANUARY 22 30, 1974 (P.L.13, NO.6), REFERRED TO AS THE LOAN INTEREST AND 23 PROTECTION LAW. 24 (C) ADULT OCCUPANTS.--PRIOR TO PROVIDING UTILITY SERVICE, A 25 PUBLIC UTILITY MAY REQUIRE AN APPLICANT TO PROVIDE THE NAMES OF 26 ALL ADULT OCCUPANTS RESIDING AT THE LOCATION AND PROOF OF THEIR 27 IDENTITY. 28 (D) THIRD-PARTY GUARANTOR.--NOTHING IN THIS SECTION SHALL BE 29 CONSTRUED TO PRECLUDE AN APPLICANT FROM FURNISHING A THIRD-PARTY 30 GUARANTOR IN LIEU OF A CASH DEPOSIT. THE GUARANTY SHALL BE IN 20030S0689B1778 - 9 -
1 WRITING AND SHALL STATE THE TERMS OF THE GUARANTY. THE GUARANTOR 2 SHALL BE RESPONSIBLE FOR ALL MISSED PAYMENTS OWED TO THE PUBLIC 3 UTILITY. 4 (E) FAILURE TO PAY FULL AMOUNT OF CASH DEPOSIT.--A PUBLIC 5 UTILITY SHALL NOT BE REQUIRED TO PROVIDE SERVICE IF THE 6 APPLICANT FAILS TO PAY THE FULL AMOUNT OF THE CASH DEPOSIT. 7 SECTION 2805-D. PAYMENT AGREEMENTS. 8 (A) GENERAL RULE.--THE COMMISSION IS AUTHORIZED TO MEDIATE 9 PAYMENT DISPUTES BETWEEN PUBLIC UTILITIES AND THEIR CUSTOMERS 10 AND ESTABLISH PAYMENT AGREEMENTS BETWEEN THE PARTIES. 11 (B) LENGTH OF PAYMENT AGREEMENTS.--THE LENGTH OF TIME FOR A 12 DELINQUENT CUSTOMER TO RESOLVE AN UNPAID BALANCE ON AN ACCOUNT 13 THAT IS SUBJECT TO A PAYMENT AGREEMENT THAT IS THE PRODUCT OF A 14 DISPUTE MEDIATED BY THE COMMISSION AND IS ENTERED INTO BY A 15 PUBLIC UTILITY AND A CUSTOMER SHALL NOT EXTEND BEYOND: 16 (1) FIVE YEARS FOR CUSTOMERS WITH A GROSS MONTHLY 17 HOUSEHOLD INCOME LEVEL NOT EXCEEDING 150% OF THE FEDERAL 18 POVERTY LEVEL. 19 (2) TWO YEARS FOR CUSTOMERS WITH A GROSS MONTHLY 20 HOUSEHOLD INCOME LEVEL EXCEEDING 150% AND NOT MORE THAN 300% 21 OF THE FEDERAL POVERTY LEVEL. 22 (3) THREE MONTHS FOR CUSTOMERS WITH A GROSS MONTHLY 23 HOUSEHOLD INCOME LEVEL EXCEEDING 300% OF THE FEDERAL POVERTY 24 LEVEL. 25 (C) ARREARAGE TIME.--NOTWITHSTANDING THE PROVISIONS OF 26 SUBSECTION (B), A PAYMENT AGREEMENT THAT IS THE PRODUCT OF A 27 DISPUTE MEDIATED BY THE COMMISSION AND ENTERED INTO BETWEEN A 28 PUBLIC UTILITY AND A CUSTOMER SHALL NOT EXTEND BEYOND THE LENGTH 29 OF TIME IT TOOK FOR THE ARREARAGE TO ACCUMULATE. 30 (D) CUSTOMER ASSISTANCE PROGRAMS.--CUSTOMER ASSISTANCE 20030S0689B1778 - 10 -
1 PROGRAM RATES SHALL BE TIMELY PAID AND SHALL NOT BE THE SUBJECT 2 OF PAYMENT AGREEMENTS NEGOTIATED OR APPROVED BY THE COMMISSION. 3 (E) NUMBER OF PAYMENT AGREEMENTS.--ABSENT A CHANGE IN 4 CIRCUMSTANCES, THE COMMISSION SHALL NOT ESTABLISH OR ORDER A 5 PUBLIC UTILITY TO ESTABLISH A SECOND OR SUBSEQUENT PAYMENT 6 AGREEMENT IF A CUSTOMER HAS DEFAULTED ON A PREVIOUS PAYMENT 7 AGREEMENT. A PUBLIC UTILITY MAY, AT ITS DISCRETION, ENTER INTO A 8 SECOND OR SUBSEQUENT PAYMENT AGREEMENT WITH A CUSTOMER. 9 (F) FAILURE TO COMPLY WITH PAYMENT AGREEMENT.--FAILURE OF A 10 CUSTOMER TO COMPLY WITH THE TERMS OF A PAYMENT AGREEMENT SHALL 11 BE GROUNDS FOR A PUBLIC UTILITY TO TERMINATE THE CUSTOMER'S 12 SERVICE. 13 SECTION 2806-D. TERMINATION OF UTILITY SERVICE. 14 (A) AUTHORIZED TERMINATION.--A PUBLIC UTILITY MAY NOTIFY A 15 CUSTOMER AND TERMINATE SERVICE PROVIDED TO A CUSTOMER AFTER 16 NOTICE AS PROVIDED IN SUBSECTION (B) FOR ANY OF THE FOLLOWING 17 ACTIONS BY THE CUSTOMER: 18 (1) NONPAYMENT OF AN UNDISPUTED DELINQUENT ACCOUNT. 19 (2) FAILURE TO POST A DEPOSIT, PROVIDE A GUARANTEE OF 20 PAYMENT OR ESTABLISH CREDIT. 21 (3) FAILURE TO PERMIT ACCESS TO METERS, SERVICE 22 CONNECTIONS OR OTHER PROPERTY OF THE UTILITY FOR THE PURPOSE 23 OF REPLACEMENT, MAINTENANCE, REPAIR OR METER READING. 24 (B) NOTICE OF TERMINATION OF SERVICE.--PRIOR TO TERMINATING 25 SERVICE UNDER SUBSECTION (A), A PUBLIC UTILITY SHALL DO ALL OF 26 THE FOLLOWING: 27 (1) PROVIDE WRITTEN NOTICE OF THE TERMINATION TO THE 28 CUSTOMER AT LEAST TEN DAYS PRIOR TO THE DATE OF THE PROPOSED 29 TERMINATION. THE TERMINATION NOTICE SHALL REMAIN EFFECTIVE 30 FOR 60 DAYS. 20030S0689B1778 - 11 -
1 (2) ATTEMPT TO CONTACT THE CUSTOMER OR RESPONSIBLE ADULT 2 OCCUPANT, EITHER IN PERSON OR BY TELEPHONE, TO PROVIDE NOTICE 3 OF THE PROPOSED TERMINATION AT LEAST THREE DAYS PRIOR TO THE 4 SCHEDULED TERMINATION. PHONE CONTACT SHALL BE DEEMED COMPLETE 5 UPON TWO ATTEMPTED CALLS TO THE RESIDENCE BETWEEN THE HOURS 6 OF 7 A.M. AND 9 P.M. 7 (3) ATTEMPT TO MAKE PERSONAL CONTACT WITH THE CUSTOMER 8 IN THE RESIDENCE AT THE TIME OF TERMINATION OF SERVICE PRIOR 9 TO DISCONNECTING UTILITY SERVICE, HOWEVER, TERMINATION SHALL 10 NOT BE DELAYED FOR FAILURE TO MAKE PERSONAL CONTACT. 11 THE PUBLIC UTILITY SHALL NOT BE REQUIRED BY THE COMMISSION TO 12 TAKE ANY ADDITIONAL ACTIONS PRIOR TO TERMINATION. 13 (C) GROUNDS FOR IMMEDIATE TERMINATION.--A PUBLIC UTILITY MAY 14 IMMEDIATELY TERMINATE SERVICE FOR ANY OF THE FOLLOWING ACTIONS 15 BY THE CUSTOMER: 16 (1) UNAUTHORIZED USE OF THE UTILITY SERVICE DELIVERED ON 17 OR ABOUT THE AFFECTED DWELLING. 18 (2) FRAUD OR MATERIAL MISREPRESENTATION OF THE 19 CUSTOMER'S IDENTITY FOR THE PURPOSE OF OBTAINING UTILITY 20 SERVICE. 21 (3) TAMPERING WITH METERS OR OTHER UTILITY EQUIPMENT. 22 (4) VIOLATING TARIFF PROVISIONS ON FILE WITH THE 23 COMMISSION SO AS TO ENDANGER THE SAFETY OF A PERSON OR THE 24 INTEGRITY OF THE UTILITY'S DELIVERY SYSTEM. 25 UPON TERMINATION, THE PUBLIC UTILITY SHALL MAKE A GOOD FAITH 26 ATTEMPT TO DELIVER A NOTICE OF TERMINATION TO THE CUSTOMER OR A 27 RESPONSIBLE PERSON AT THE AFFECTED PREMISES, AND IN THE CASE OF 28 A SINGLE METER, MULTIUNIT DWELLING, THE PUBLIC UTILITY SHALL 29 CONSPICUOUSLY POST THE NOTICE AT THE DWELLING, INCLUDING IN 30 COMMON AREAS WHEN POSSIBLE. 20030S0689B1778 - 12 -
1 (D) ESTIMATED METER READINGS.--A PUBLIC UTILITY MAY 2 TERMINATE SERVICE PROVIDED TO A CUSTOMER BASED ON ESTIMATED 3 METER READINGS FOR ANY OF THE ACTIONS BY THE CUSTOMER SET FORTH 4 IN SUBSECTIONS (A) AND (C). 5 (E) TIMING OF TERMINATION.--A PUBLIC UTILITY MAY TERMINATE 6 UTILITY SERVICE FOR THE REASONS SET FORTH IN SUBSECTION (A) ON 7 ANY DAY OF THE WEEK AS LONG AS THE PUBLIC UTILITY CAN RESTORE 8 UTILITY SERVICE, CONSISTENT WITH SECTION 7. 9 (F) WINTER TERMINATION.--BETWEEN DECEMBER 1 AND MARCH 15, AN 10 ELECTRIC DISTRIBUTION UTILITY OR NATURAL GAS DISTRIBUTION 11 UTILITY MAY TERMINATE SERVICE IN ACCORDANCE WITH THIS SECTION 12 ONLY TO CUSTOMERS WITH A GROSS HOUSEHOLD INCOME EXCEEDING 150% 13 OF THE FEDERAL POVERTY LEVEL. 14 (G) MEDICAL CERTIFICATION.--A PUBLIC UTILITY SHALL NOT 15 TERMINATE SERVICE TO A PREMISES WHEN A PHYSICIAN HAS CERTIFIED 16 THAT THE CUSTOMER OR A MEMBER OF THE CUSTOMER'S HOUSEHOLD IS 17 SERIOUSLY ILL OR AFFLICTED WITH A MEDICAL CONDITION THAT WILL BE 18 AGGRAVATED BY CESSATION OF SERVICE. THE CUSTOMER SHALL OBTAIN A 19 LETTER FROM A LICENSED PHYSICIAN VERIFYING THE CONDITION AND 20 SHALL PROMPTLY FORWARD IT TO THE PUBLIC UTILITY. 21 (H) QUALIFICATION FOR LIHEAP.--A NOTICE OF DELINQUENCY TO A 22 CUSTOMER OF A NATURAL GAS DISTRIBUTION UTILITY OR AN ELECTRIC 23 DISTRIBUTION UTILITY SHALL BE SUFFICIENT PROOF OF A CRISIS FOR A 24 CUSTOMER WITH THE REQUISITE INCOME LEVEL TO RECEIVE A LIHEAP 25 CRISIS GRANT FROM THE DEPARTMENT OF PUBLIC WELFARE OR ITS 26 DESIGNEE. 27 (I) READINGS.--A PUBLIC UTILITY SHALL PROVIDE PROOF OF TWO 28 ATTEMPTS TO OBTAIN AN ACTUAL READING OF THE METER. 29 SECTION 2807-D. RECONNECTION OF UTILITY SERVICE. 30 (A) FEE.--A PUBLIC UTILITY MAY REQUIRE A $75 RECONNECTION 20030S0689B1778 - 13 -
1 FEE PRIOR TO RECONNECTION OF UTILITY SERVICE FOLLOWING LAWFUL 2 TERMINATION OF THE SERVICE. 3 (B) TIMING.--WHEN SERVICE TO A DWELLING HAS BEEN TERMINATED 4 AND PROVIDED THE APPLICANT HAS MET ALL APPLICABLE CONDITIONS, 5 THE PUBLIC UTILITY SHALL RECONNECT SERVICE AS FOLLOWS: 6 (1) WITHIN 24 HOURS FOR ERRONEOUS TERMINATIONS OR UPON 7 RECEIPT BY THE PUBLIC UTILITY OF A VALID MEDICAL 8 CERTIFICATION. 9 (2) WITHIN 24 HOURS FOR TERMINATIONS OCCURRING FROM 10 DECEMBER 1 TO MARCH 15. 11 (3) WITHIN THREE DAYS FOR ERRONEOUS TERMINATIONS 12 REQUIRING STREET OR SIDEWALK DIGGING. 13 (4) WITHIN THREE DAYS FROM MARCH 16 TO NOVEMBER 30 FOR 14 PROPER TERMINATIONS. 15 (5) WITHIN SEVEN DAYS FOR PROPER TERMINATIONS REQUIRING 16 STREET OR SIDEWALK DIGGING. 17 (C) LIABILITY FOR OUTSTANDING BALANCE.--A PUBLIC UTILITY MAY 18 REQUIRE FULL PAYMENT OF ANY OUTSTANDING BALANCE INCURRED BY A 19 CUSTOMER, A CUSTOMER'S SPOUSE OR ANY OTHER ADULT RESIDING AT THE 20 SAME SERVICE LOCATION PRIOR TO RECONNECTION OF UTILITY SERVICE 21 FOR APPLICANTS WHO HAVE AN INCOME EXCEEDING 150% OF THE FEDERAL 22 POVERTY LEVEL. A PUBLIC UTILITY MAY REQUIRE A PARTIAL PAYMENT OF 23 ANY OUTSTANDING BALANCE INCURRED BY A CUSTOMER, A CUSTOMER'S 24 SPOUSE OR ANY OTHER ADULT OCCUPANT RESIDING AT THE SAME SERVICE 25 LOCATION PRIOR TO RECONNECTION OF UTILITY SERVICE FOR APPLICANTS 26 WHO HAVE AN INCOME NOT EXCEEDING 150% OF THE FEDERAL POVERTY 27 LEVEL. 28 (D) METER OR SHUTOFF VALVE.--FOR APPLICANTS SEEKING 29 RECONNECTION OF SERVICE FOLLOWING TERMINATION WHO HAVE AN INCOME 30 EXCEEDING 150% OF THE FEDERAL POVERTY LEVEL, A PUBLIC UTILITY 20030S0689B1778 - 14 -
1 MAY CHARGE A FEE THAT MUST BE INCLUDED AS A PART OF ITS TARIFF 2 FILED IN ACCORDANCE WITH 66 PA.C.S. § 1302 (RELATING TO TARIFFS; 3 FILING AND INSPECTION) FOR MOVING THE METER OR SHUTOFF VALVE TO 4 AN EXTERNAL LOCATION ON THE PROPERTY. 5 SECTION 2808-D. SERVICE TO A PREVIOUSLY TERMINATED LOCATION OR 6 TO A LOCATION CURRENTLY IN TERMINATION 7 PROCEEDINGS. 8 (A) GENERAL RULE.--A PUBLIC UTILITY SHALL NOT BE REQUIRED TO 9 PROVIDE UTILITY SERVICES FOR A LOCATION WHERE UTILITY SERVICE 10 WAS PREVIOUSLY TERMINATED DUE TO NONPAYMENT FOR THE UTILITY 11 SERVICE OR A LOCATION FOR WHICH THERE IS AN OUTSTANDING PAYMENT 12 BALANCE IF THE APPLICANT FAILS TO ESTABLISH THAT THE APPLICANT 13 DID NOT RESIDE AT THE LOCATION DURING THE TIME THE SERVICES WERE 14 TERMINATED OR UNPAID. PROOF OF THE APPLICANT'S PREVIOUS 15 RESIDENCE AS PROVIDED IN SUBSECTION (B), AS WELL AS PROOF OF THE 16 APPLICANT'S NEW RESIDENCE AT THE LOCATION IN THE FORM OF A 17 TIMELY DATED LEASE, DEED OR MORTGAGE WITH AN EFFECTIVE DATE 18 PRIOR TO MAKING THE APPLICATION SHALL BE SUFFICIENT. 19 (B) PROOF OF PREVIOUS RESIDENCE.-- 20 (1) A PHOTO IDENTIFICATION BEARING THE ADDRESS OF THE 21 APPLICANT SHALL BE PROOF OF THE APPLICANT'S PREVIOUS 22 RESIDENCE. ANY OF THE FOLLOWING SHALL BE PROOF OF PREVIOUS 23 RESIDENCE: 24 (I) A DRIVER'S LICENSE OR IDENTIFICATION CARD ISSUED 25 BY THE DEPARTMENT OF TRANSPORTATION FOR THE PREVIOUS 26 RESIDENCE. 27 (II) A VALID IDENTIFICATION CARD ISSUED BY ANY OTHER 28 AGENCY OF THE COMMONWEALTH FOR THE PREVIOUS RESIDENCE. 29 (III) A VALID IDENTIFICATION CARD ISSUED BY THE 30 UNITED STATES GOVERNMENT FOR THE PREVIOUS RESIDENCE. 20030S0689B1778 - 15 -
1 (2) IF THE APPLICANT DOES NOT POSSESS A FORM OF PHOTO 2 IDENTIFICATION, ANY OF THE FOLLOWING SHALL BE PROOF OF 3 PREVIOUS RESIDENCE: 4 (I) NONPHOTO IDENTIFICATION ISSUED BY THE 5 COMMONWEALTH OR ANY AGENCY THEREOF FOR THE PREVIOUS 6 RESIDENCE; 7 (II) NONPHOTO IDENTIFICATION ISSUED BY THE UNITED 8 STATES GOVERNMENT OR AGENCY THEREOF FOR THE PREVIOUS 9 RESIDENCE; AND 10 (III) OTHER REASONABLE DOCUMENTATION OF PREVIOUS 11 RESIDENCE ACCEPTABLE TO THE PUBLIC UTILITY TO SHOW 12 PREVIOUS RESIDENCE. 13 (C) FAILURE TO PROVIDE PROOF OF RESIDENCE.--A PUBLIC UTILITY 14 IS NOT REQUIRED TO PROVIDE UTILITY SERVICES FOR A LOCATION IF 15 THE APPLICANT FAILS TO PROVIDE ACCEPTABLE PROOF OF THE 16 APPLICANT'S PREVIOUS AND NEW RESIDENCE. IN THE EVENT THAT A 17 PUBLIC UTILITY ELECTS TO PROVIDE SERVICE TO AN APPLICANT WHO 18 FAILS TO PROVIDE ACCEPTABLE PROOF OF RESIDENCE, THE UTILITY MAY 19 REQUIRE PAYMENT OF ANY OUTSTANDING BALANCE, CONSISTENT WITH 20 SECTION 7(D). 21 (D) DOMESTIC VIOLENCE.--THIS SECTION SHALL NOT APPLY TO 22 VICTIMS UNDER A PROTECTION FROM ABUSE ORDER AS PROVIDED BY 23 23 PA.C.S. CH. 61 (RELATING TO PROTECTION FROM ABUSE). 24 SECTION 2809-D. DISHONORED CHECKS. 25 WHEN A CHECK AS DEFINED IN 13 PA.C.S. § 3104 (RELATING TO 26 NEGOTIABLE INSTRUMENT) IS DISHONORED UNDER 13 PA.C.S. § 3502 27 (RELATING TO DISHONOR) A PUBLIC UTILITY MAY TERMINATE UTILITY 28 SERVICE WITHIN 72 HOURS OF PERSONAL CONTACT WITH THE RATEPAYER 29 OR A RESPONSIBLE ADULT OCCUPANT. IF A PUBLIC UTILITY IS UNABLE 30 TO MAKE PERSONAL CONTACT WITH THE RATEPAYER OR A RESPONSIBLE 20030S0689B1778 - 16 -
1 ADULT OCCUPANT AFTER TWO REASONABLE ATTEMPTS, NOTICE OF THE 2 TERMINATION MUST BE POSTED AT THE RESIDENCE 24 HOURS PRIOR TO 3 TERMINATION. 4 SECTION 2810-D. LATE PAYMENT CHARGE WAIVER. 5 A PUBLIC UTILITY MAY WAIVE LATE PAYMENT CHARGES ON ANY 6 CUSTOMER ACCOUNTS. THE COMMISSION MAY ONLY ORDER A WAIVER OF ANY 7 LATE PAYMENT CHARGES LEVIED BY A PUBLIC UTILITY AS A RESULT OF A 8 DELINQUENT ACCOUNT FOR CUSTOMERS WITH A GROSS MONTHLY HOUSEHOLD 9 INCOME NOT EXCEEDING 150% OF THE FEDERAL POVERTY LEVEL. 10 SECTION 2811-D. COMPLAINTS FILED WITH THE COMMISSION. 11 (A) CERTIFICATION REQUIRED.--THE COMMISSION SHALL ACCEPT 12 COMPLAINTS ONLY FROM PUBLIC UTILITY CUSTOMERS WHO CERTIFY THAT 13 THEY HAVE FIRST CONTACTED THE UTILITY FOR THE PURPOSE OF 14 RESOLVING THE PROBLEM ABOUT WHICH THE CUSTOMER WISHES TO FILE A 15 COMPLAINT. IF THE CUSTOMER HAS NOT CONTACTED THE PUBLIC UTILITY, 16 THE COMMISSION SHALL DIRECT THE CUSTOMER TO THE PUBLIC UTILITY. 17 (B) FILING FEE.--THE COMMISSION SHALL ESTABLISH A FILING FEE 18 OF $40 THAT SHALL BE LEVIED ON ANY PERSON FILING A FORMAL 19 COMPLAINT WITH THE COMMISSION. THE FILING FEE IS REFUNDABLE TO 20 THE COMPLAINANT UPON A FINAL ORDER OF THE COMMISSION IN FAVOR OF 21 THE COMPLAINANT. 22 SECTION 2812-D. AUTOMATIC METER READINGS. 23 ALL READINGS BY AN AMR SHALL BE DEEMED ACTUAL READINGS FOR 24 THE PURPOSES OF THIS ACT AND THE PURPOSES OF 66 PA.C.S. 25 (RELATING TO PUBLIC UTILITIES). 26 SECTION 2813-D. LANDLORD DUTIES. 27 (A) NOTICE TO CITY NATURAL GAS DISTRIBUTION OPERATION.--A 28 LANDLORD ENTERING INTO AN ORAL OR WRITTEN CONTRACT OR AGREEMENT 29 WITH A TENANT FOR A LEASE OF REAL PROPERTY WITHIN A RESIDENTIAL 30 BUILDING PURSUANT TO THE ACT OF APRIL 6, 1951 (P.L.69, NO.20), 20030S0689B1778 - 17 -
1 KNOWN AS THE LANDLORD AND TENANT ACT OF 1951, IN A CITY OF THE 2 FIRST CLASS SHALL NOTIFY A CITY NATURAL GAS DISTRIBUTION 3 OPERATION OF ALL TENANTS 18 YEARS OF AGE OR OLDER RESIDING IN 4 THE LEASED PROPERTY UPON THE COMMENCEMENT OF ANY NEW LEASE OR 5 THE RENEWAL OF AN EXISTING LEASE AFTER THE EFFECTIVE DATE OF 6 THIS ACT. 7 (B) ACCESS TO DWELLING UNIT.--IN THE CASE OF A RESIDENTIAL 8 BUILDING, IF AFTER TWO ATTEMPTED PERSONAL CONTACTS AT THE 9 TENANT'S DWELLING UNIT A CITY NATURAL GAS DISTRIBUTION OPERATION 10 IS UNABLE TO GAIN ACCESS TO THE DWELLING UNIT FOR THE PURPOSES 11 OF A METER READING, A LANDLORD MAY GRANT ACCESS TO THE DWELLING 12 UNIT UPON NOTIFICATION OF THE TENANT. 13 (C) LIENS.--A RESIDENTIAL BUILDING IS SUBJECT TO A LIEN AS 14 PROVIDED FOR IN THE ACT OF MAY 16, 1923 (P.L.207, NO.153), 15 REFERRED TO AS THE MUNICIPAL CLAIM AND TAX LIEN LAW, OR FOR 16 FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SECTION FOR THE 17 DELINQUENT ACCOUNTS OF TENANTS AT THE RESIDENTIAL BUILDING. 18 SECTION 2814-D. TAX INCREMENT DISTRICTS AND KEYSTONE 19 OPPORTUNITY ZONES. 20 (A) TAX INCREMENT DISTRICTS.--A CITY OF THE FIRST CLASS 21 SHALL NOT OFFER ANY EXEMPTIONS, DEDUCTIONS, ABATEMENTS OR 22 CREDITS AS PROVIDED BY THE ACT OF JULY 11, 1990 (P.L.465, 23 NO.113), KNOWN AS THE TAX INCREMENT FINANCING ACT, TO ANY 24 INDUSTRIAL OR COMMERCIAL ENTITY UNLESS THAT ENTITY HAD FIRST 25 DEMONSTRATED THAT THE ENERGY SOURCE FOR ALL COOKING, HEATING AND 26 AIR CONDITIONING, EACH SUCH USE CONSIDERED INDIVIDUALLY, WOULD 27 PROVIDE THE LOWEST UTILITY BILL TO THE END USER OF THE ENERGY 28 FOR THE PERIOD OF SUCH EXEMPTIONS, DEDUCTIONS, ABATEMENTS OR 29 CREDITS. THE CALCULATION OF ENERGY COST SHALL NOT INCLUDE 30 INCENTIVE PAYMENTS THAT ARE NOT APPLIED DIRECTLY TO THE END 20030S0689B1778 - 18 -
1 USERS' UTILITY BILLS DURING THE PERIOD. 2 (B) KEYSTONE OPPORTUNITY ZONES.--A CITY OF THE FIRST CLASS 3 SHALL NOT OFFER ANY EXEMPTIONS, DEDUCTIONS, ABATEMENTS OR 4 CREDITS AS PROVIDED BY CHAPTER 7 OF THE ACT OF OCTOBER 6, 1998 5 (P.L.705, NO.92), KNOWN AS THE KEYSTONE OPPORTUNITY ZONE, 6 KEYSTONE OPPORTUNITY EXPANSION ZONE AND KEYSTONE OPPORTUNITY 7 IMPROVEMENT ZONE ACT, TO ANY INDUSTRIAL OR COMMERCIAL ENTITY 8 UNLESS THAT ENTITY HAD FIRST DEMONSTRATED THAT THE ENERGY SOURCE 9 FOR ALL COOKING, HEATING AND AIR CONDITIONING, EACH SUCH USE 10 CONSIDERED INDIVIDUALLY, WOULD PROVIDE THE LOWEST UTILITY BILL 11 TO THE END USER OF THE ENERGY FOR THE PERIOD OF SUCH EXEMPTIONS, 12 DEDUCTIONS, ABATEMENTS OR CREDITS. THE CALCULATION OF ENERGY 13 COST SHALL NOT INCLUDE INCENTIVE PAYMENTS THAT ARE NOT APPLIED 14 DIRECTLY TO THE END USERS' UTILITY BILLS DURING THE PERIOD. 15 (C) EXEMPTIONS.--THIS SECTION SHALL NOT APPLY TO AN 16 INDUSTRIAL OR COMMERCIAL CONSUMER RECEIVING SERVICE, AS DEFINED 17 BY 66 PA.C.S. § 102 (RELATING TO DEFINITIONS), ON OR BEFORE THE 18 EFFECTIVE DATE OF THIS SECTION. 19 SECTION 2815-D. REPORTING OF DELINQUENT CUSTOMERS. 20 A CITY NATURAL GAS DISTRIBUTION OPERATION SHALL REPORT TO THE 21 PENNSYLVANIA INTERGOVERNMENTAL COOPERATION AUTHORITY ESTABLISHED 22 PURSUANT TO THE ACT OF JUNE 5, 1991 (P.L.9, NO.6), KNOWN AS THE 23 PENNSYLVANIA INTERGOVERNMENTAL COOPERATION AUTHORITY ACT FOR 24 CITIES OF THE FIRST CLASS, AN ASSISTED CITY OR CORPORATE ENTITY 25 OF AN ASSISTED CITY, AS THOSE TERMS ARE DEFINED IN THE 26 PENNSYLVANIA INTERGOVERNMENTAL COOPERATION AUTHORITY ACT THAT 27 HAS NOT PAID IN FULL FOR CHARGES FOR UTILITY SERVICE BY THE DUE 28 DATES STATED ON THE BILL OR OTHERWISE AGREED UPON. 29 SECTION 2816-D. REPORTING OF RECIPIENTS OF PUBLIC ASSISTANCE. 30 THE DEPARTMENT OF PUBLIC WELFARE SHALL ANNUALLY PROVIDE A 20030S0689B1778 - 19 -
1 CITY NATURAL GAS DISTRIBUTION OPERATION AND A JURISDICTIONAL 2 ELECTRIC DISTRIBUTION UTILITY WITH THE LISTING OF RECIPIENTS OF 3 PUBLIC ASSISTANCE IN A CITY OF THE FIRST CLASS UPON THE SIGNING 4 OF A WAIVER BY THE RECIPIENT. 5 SECTION 2817-D. ADDITIONAL DEPOSIT PROVISIONS FOR CITY NATURAL 6 GAS DISTRIBUTION OPERATIONS. 7 THE COMMISSION SHALL NOT PROHIBIT A CITY NATURAL GAS 8 DISTRIBUTION OPERATION, PRIOR TO OR AS A CONDITION OF PROVIDING 9 UTILITY SERVICE FROM REQUIRING A CASH DEPOSIT NOT TO EXCEED AN 10 AMOUNT EQUAL TO TWO MONTHS OF THE PROJECTED AVERAGE MONTHLY 11 WINTER BILL OF THE APPLICANT, PAID IN FULL AT THE TIME THE CITY 12 NATURAL GAS DISTRIBUTION OPERATION DETERMINES A DEPOSIT IS 13 REQUIRED FROM AN APPLICANT WHO SEEKS RESTORATION OF SERVICE FROM 14 OCTOBER 1 THROUGH APRIL 30 WHOSE SERVICE HAS BEEN TERMINATED FOR 15 ANY OF THE FOLLOWING REASONS: 16 (1) NONPAYMENT OF AN UNDISPUTED DELINQUENT ACCOUNT. 17 (2) FAILURE TO POST A DEPOSIT, PROVIDE A GUARANTEE OR 18 ESTABLISH CREDIT. 19 (3) FAILURE TO PERMIT ACCESS TO METERS, SERVICE 20 CONNECTIONS OR OTHER PROPERTY OF A PUBLIC UTILITY FOR THE 21 PURPOSE OF REPLACEMENT, MAINTENANCE, REPAIR OR METER READING. 22 (4) UNAUTHORIZED USE OF UTILITY SERVICE DELIVERED ON OR 23 ABOUT THE AFFECTED DWELLING. 24 (5) FAILURE TO COMPLY WITH THE MATERIAL TERMS OF A 25 SETTLEMENT OR PAYMENT AGREEMENT. 26 (6) FRAUD OR MATERIAL MISREPRESENTATION OF THE 27 APPLICANT'S IDENTITY FOR THE PURPOSE OF OBTAINING UTILITY 28 SERVICE. 29 (7) TAMPERING WITH METERS, INCLUDING, BUT NOT LIMITED 30 TO, BYPASSING A METER OR REMOVAL OF AN AMR DEVICE OR OTHER 20030S0689B1778 - 20 -
1 PUBLIC UTILITY EQUIPMENT. 2 (8) VIOLATING TARIFF PROVISIONS ON FILE WITH THE 3 COMMISSION SO AS TO ENDANGER THE SAFETY OF A PERSON OR THE 4 INTEGRITY OF THE DELIVERY SYSTEM OF THE PUBLIC UTILITY. 5 SECTION 2818-D. LIENS BY CITY NATURAL GAS DISTRIBUTION 6 OPERATIONS. 7 A CITY NATURAL GAS DISTRIBUTION OPERATION FURNISHING GAS 8 SERVICE TO A PROPERTY IS ENTITLED TO IMPOSE OR ASSESS A 9 MUNICIPAL CLAIM AGAINST SAID PROPERTY AND FILE AS LIENS OF 10 RECORD CLAIMS FOR UNPAID NATURAL GAS DISTRIBUTION SERVICE AND 11 OTHER RELATED COSTS, INCLUDING NATURAL GAS SUPPLY, IN THE COURT 12 OF COMMON PLEAS OF THE COUNTY IN WHICH THE PROPERTY IS SITUATED 13 OR IF THE CLAIM FOR THE UNPAID NATURAL GAS DISTRIBUTION SERVICE 14 DOES NOT EXCEED THE MAXIMUM AMOUNT OVER WHICH THE MUNICIPAL 15 COURT OF PHILADELPHIA HAS JURISDICTION, IN THE MUNICIPAL COURT 16 OF PHILADELPHIA, PURSUANT TO SECTIONS 3 AND 9 OF THE ACT OF MAY 17 16, 1923 (P.L.207, NO.153), REFERRED TO AS THE MUNICIPAL CLAIM 18 AND TAX LIEN LAW, AND 66 PA.C.S. CH. 22 (RELATING TO NATURAL GAS 19 COMPETITION). 20 SECTION 3. THE FOLLOWING SHALL APPLY: 21 (1) THIS ACT SUPERSEDES ANY INCONSISTENT REQUIREMENTS 22 IMPOSED BY LAW ON PUBLIC UTILITIES, INCLUDING, BUT NOT 23 LIMITED TO, REQUIREMENTS IMPOSED BY 52 PA. CODE §§ 56.32 24 (RELATING TO CREDIT STANDARDS), 56.33 (RELATING TO CASH 25 DEPOSITS; THIRD-PARTY GUARANTORS), 56.35 (RELATING TO PAYMENT 26 OF OUTSTANDING BALANCE), 56.41 (RELATING TO GENERAL RULE), 27 56.51 (RELATING TO AMOUNT OF CASH DEPOSIT), 56.53 (RELATING 28 TO REFUND OF DEPOSIT), 56.81 (RELATING TO AUTHORIZED 29 TERMINATION OF SERVICE), 56.82 (RELATING TO DAYS TERMINATION 30 OF SERVICES IS PROHIBITED), 56.83 (RELATING TO UNAUTHORIZED 20030S0689B1778 - 21 -
1 TERMINATION OF SERVICE), 56.91 (RELATING TO GENERAL NOTICE 2 PROVISIONS), 56.93 (RELATING TO PERSONAL CONTACT), 56.94 3 (RELATING TO PROCEDURES IMMEDIATELY PRIOR TO TERMINATION), 4 56.95 (RELATING TO DEFERRED TERMINATION WHEN NO PRIOR 5 CONTACT), 56.96 (RELATING TO POST-TERMINATION NOTICE), 56.100 6 (RELATING TO WINTER TERMINATION PROCEDURES), 56.101 (RELATING 7 TO LIMITED NOTICE UPON NONCOMPLIANCE WITH REPORT OR ORDER), 8 56.111 (RELATING TO GENERAL PROVISIONS), 56.112 (RELATING TO 9 POSTPONEMENT OF TERMINATION PENDING RECEIPT OF CERTIFICATE), 10 56.113 (RELATING TO MEDICAL CERTIFICATIONS), 56.114 (RELATING 11 TO LENGTH OF POSTPONEMENT; RENEWAL), 56.115 (RELATING TO 12 RESTORATION OF SERVICE), 56.116 (RELATING TO DUTY OF 13 RATEPAYER TO PAY BILLS), 56.117 (RELATING TO TERMINATION UPON 14 EXPIRATION OF MEDICAL CERTIFICATION), 56.118 (RELATING TO 15 RIGHT OF UTILITY TO PETITION THE COMMISSION), 56.131 16 (RELATING TO THIRD-PARTY NOTIFICATION), 56.181 (RELATING TO 17 DUTIES OF PARTIES; DISPUTING PARTY'S DUTY TO PAY UNDISPUTED 18 PORTION OF BILLS; UTILITY'S DUTY TO PAY INTEREST WHENEVER 19 OVERPAYMENT FOUND) AND 56.191 (RELATING TO GENERAL RULE). 20 (2) ALL OTHER REGULATIONS ARE ABROGATED TO THE EXTENT OF 21 ANY INCONSISTENCY WITH ARTICLE XXVIII-D OF THIS ACT. 22 (3) ALL ORDINANCES OF ANY CITY OF THE FIRST CLASS ARE 23 ABROGATED TO THE EXTENT THEY ARE INCONSISTENT WITH ARTICLE 24 XXVIII-D OF THIS ACT. 25 SECTION 4. THE PENNSYLVANIA PUBLIC UTILITY COMMISSION SHALL 26 AMEND THE PROVISIONS OF 52 PA. CODE CH. 56 (RELATING TO 27 STANDARDS AND BILLING PRACTICES FOR RESIDENTIAL UTILITY SERVICE) 28 TO COMPLY WITH THE PROVISIONS OF ARTICLE XXVIII-D OF THIS ACT 29 AND MAY PROMULGATE OTHER RULES AND REGULATIONS TO ADMINISTER AND 30 ENFORCE ARTICLE XXVIII-D OF THIS ACT. 20030S0689B1778 - 22 -
1 SECTION 5. THIS ACT SHALL TAKE EFFECT IMMEDIATELY. C20L71DMS/20030S0689B1778 - 23 -