PRINTER'S NO. 1165
No. 885 Session of 2005
INTRODUCED BY FONTANA, FERLO, WOZNIAK, M. WHITE, LAVALLE, LOGAN,
RHOADES AND C. WILLIAMS, SEPTEMBER 28, 2005
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
SEPTEMBER 28, 2005
AN ACT
1 Amending Title 66 (Public Utilities) of the Pennsylvania
2 Consolidated Statutes, further providing for cash deposits
3 and household information requirements and for termination of
4 utility service.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Sections 1404(a) and (c)(3) and 1406(b)(1)(i) of
8 Title 66 of the Pennsylvania Consolidated Statutes are amended
9 to read:
10 § 1404. Cash deposits and household information requirements.
11 (a) General rule.--In addition to the right to collect a
12 deposit under any commission regulation or order, the commission
13 shall not prohibit a public utility, prior to [or as a condition
14 of] providing new or reinstated utility service, from requiring
15 a cash deposit in an amount that is equal to one-sixth of the
16 applicant's estimated annual bill, at the time the public
17 utility determines a deposit is required, from the following:
18 (1) An applicant who previously received utility
1 distribution services and was a customer of the public
2 utility and whose service was terminated for any of the
3 following reasons:
4 (i) Nonpayment of an undisputed delinquent account.
5 (ii) Failure to complete payment of a deposit,
6 provide a guarantee or establish credit.
7 (iii) Failure to permit access to meters, service
8 connections or other property of the public utility for
9 the purpose of replacement, maintenance, repair or meter
10 reading.
11 (iv) Unauthorized use of the utility service
12 delivered on or about the affected dwelling.
13 (v) Failure to comply with the material terms of a
14 settlement or payment agreement.
15 (vi) Fraud or material misrepresentation of identity
16 for the purpose of obtaining utility service.
17 (vii) Tampering with meters, including, but not
18 limited to, bypassing a meter or removal of an automatic
19 meter reading device or other public utility equipment.
20 (viii) Violating tariff provisions on file with the
21 commission so as to endanger the safety of a person or
22 the integrity of the delivery system of the public
23 utility.
24 (2) Any applicant or customer who is unable to establish
25 creditworthiness to the satisfaction of the public utility
26 through the use of a generally accepted credit scoring
27 methodology which employs standards for using the methodology
28 that fall within the range of general industry practice.
29 (3) A customer who fails to comply with a material term
30 or condition of a settlement or payment agreement.
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1 * * *
2 (c) Deposit hold period.--
3 * * *
4 (3) At the end of the deposit holding period as
5 established in paragraph (1), the public utility shall deduct
6 the outstanding balance from the deposit and return [or
7 credit] any positive difference to the customer or, if
8 requested to do so by the customer, may credit any positive
9 difference to the customer's account.
10 * * *
11 § 1406. Termination of utility service.
12 * * *
13 (b) Notice of termination of service.--
14 (1) Prior to terminating service under subsection (a), a
15 public utility:
16 (i) Shall provide written notice of the termination
17 to the customer at least [ten] 30 days prior to the date
18 of the proposed termination. The termination notice shall
19 remain effective for 60 days.
20 * * *
21 Section 2. This act shall take effect in 60 days.
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