act-2004-0-201•Pennsylvania Act 2004-201 — PUBLIC UTILITY CODE (66 PA.C.S.) - CONSUMER PROTECTION AND INFORMATION, PROTECTION OF RESPONSIBLE CUSTOMER OF PUBLIC UTILITES, ABROGATING REGULATIONS AND PREEMPTING LOCAL REGULATION
Pennsylvania Act 2004-201 — PUBLIC UTILITY CODE (66 PA.C.S.) - CONSUMER PROTECTION AND INFORMATION, PROTECTION OF RESPONSIBLE CUSTOMER OF PUBLIC UTILITES, ABROGATING REGULATIONS AND PREEMPTING LOCAL REGULATION
act-2004-0-2012004 Pa. Act 201Law
Act text
PUBLIC UTILITY CODE (66 PA.C.S.) - CONSUMER PROTECTION AND INFORMATION,
PROTECTION OF RESPONSIBLE CUSTOMER OF PUBLIC UTILITES, ABROGATING
REGULATIONS AND PREEMPTING LOCAL REGULATION
Act of Nov. 30, 2004, P.L. 1578, No. 201 Cl. 66
Session of 2004
No. 2004-201
SB 677
AN ACT
Amending Title 66 (Public Utilities) of the Pennsylvania
Consolidated Statutes, further defining "common carrier by
motor vehicle"; providing for consumer protection and
information and for the protection of responsible customer of
public utilities; abrogating regulations; and preempting
local regulation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Paragraph (4) of the definition of "common
carrier by motor vehicle" in section 102 of Title 66 of the
Pennsylvania Consolidated Statutes is amended to read:
§ 102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this part which are applicable to specific
provisions of this part, the following words and phrases when
used in this part shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
* * *
"Common carrier by motor vehicle." Any common carrier who or
which holds out or undertakes the transportation of passengers
or property, or both, or any class of passengers or property,
between points within this Commonwealth by motor vehicle for
compensation, whether or not the owner or operator of such motor
vehicle, or who or which provides or furnishes any motor
vehicle, with or without driver, for transportation or for use
in transportation of persons or property as aforesaid, and shall
include common carriers by rail, water, or air, and express or
forwarding public utilities insofar as such common carriers or
such public utilities are engaged in such motor vehicle
operations, but does not include:
* * *
(4) Any person or corporation who or which uses, or
furnishes for use, dump trucks for the transportation of
ashes, rubbish, excavated and road construction materials.
This paragraph does not include the use or furnishing of
five-axle tractor trailers.
* * *
Section 2. Title 66 is amended by adding a section to read:
§ 308.1. Consumer protection and information.
(a) Informal complaints.--The commission shall promulgate
regulations by which a consumer may make informal complaints. A
party may appeal a determination regarding the informal
complaint and seek review by an administrative law judge or
special agent subject to the procedures in section 335 (relating
to initial decisions and release of documents). The commission
shall keep records of each informal complaint received, the
matter complained of, the utility involved and the disposition
and shall at least annually prepare a report on these matters.
(b) Rate comparison report.--Annually, by April 15, the
commission shall submit a report to the Governor and to the
General Assembly. The report shall compare all categories of
ratepayers for all electric and gas public utilities so that
reasonably accurate comparisons of rates can be made between
similar individuals or groups of ratepayers receiving services
in different service areas.
Section 3. Title 66 is amended by adding a chapter to read:
CHAPTER 14
RESPONSIBLE UTILITY CUSTOMER PROTECTION
Sec.
1401. Scope of chapter.
1402. Declaration of policy.
1403. Definitions.
1404. Cash deposits and household information requirements.
1405. Payment agreements.
1406. Termination of utility service.
1407. Reconnection of service.
1408. Surcharges for uncollectible expenses prohibited.
1409. Late payment charge waiver.
1410. Complaints filed with commission.
1411. Automatic meter readings.
1412. Reporting of delinquent customers.
1413. Reporting of recipients of public assistance.
1414. Liens by city natural gas distribution operations.
1415. Reporting to General Assembly and Governor.
1416. Notice.
1417. Nonapplicability.
1418. Construction.
§ 1401. Scope of chapter.
This chapter relates to protecting responsible customers of
public utilities.
§ 1402. Declaration of policy.
The General Assembly finds and declares as follows:
(1) Formal service rules were first adopted by the
Pennsylvania Public Utility Commission in 1978 with the
stated goal of enforcing uniform, fair and equitable
residential utility service standards governing eligibility
criteria, credit and deposit practices, account billing,
termination and restoration of service procedures and
customer complaint procedures. These rules have not
successfully managed the issue of bill payment. Increasing
amounts of unpaid bills now threaten paying customers with
higher rates due to other customers' delinquencies.
(2) The General Assembly believes that it is now time to
revisit these rules and provide protections against rate
increases for timely paying customers resulting from other
customers' delinquencies. The General Assembly seeks to
achieve greater equity by eliminating opportunities for
customers capable of paying to avoid the timely payment of
public utility bills.
(3) Through this chapter, the General Assembly seeks to
provide public utilities with an equitable means to reduce
their uncollectible accounts by modifying the procedures for
delinquent account collections and by increasing timely
collections. At the same time, the General Assembly seeks to
ensure that service remains available to all customers on
reasonable terms and conditions.
(4) The General Assembly believes that it is appropriate
to provide additional collection tools to city natural gas
distribution operations to recognize the financial
circumstances of the operations and protect their ability to
provide natural gas for the benefit of the residents of the
city.
§ 1403. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Applicant." A natural person not currently receiving
service who applies for residential service provided by a public
utility or any adult occupant whose name appears on the
mortgage, deed or lease of the property for which the
residential utility service is requested.
"Change in income." A decrease in household income of 20% or
more if the customer's household income level exceeds 200% of
the Federal poverty level or a decrease in household income of
10% or more if the customer's household income level is 200% or
less of the Federal poverty level.
"Customer." A natural person in whose name a residential
service account is listed and who is primarily responsible for
payment of bills rendered for the service or any adult occupant
whose name appears on the mortgage, deed or lease of the
property for which the residential utility service is requested.
"Customer assistance program." A plan or program sponsored
by a public utility for the purpose of providing universal
service and energy conservation, as defined by section 2202
(relating to definitions) or 2803 (relating to definitions), in
which customers make monthly payments based on household income
and household size and under which customers must comply with
certain responsibilities and restrictions in order to remain
eligible for the program.
"Electric distribution utility." An entity providing
facilities for the jurisdictional transmission and distribution
of electricity to retail customers, except building or facility
owners or operators that manage the internal distribution system
serving such building or facility and that supply electric power
and other related electric power services to occupants of the
building or facility.
"Formal complaint." A complaint filed before the
Pennsylvania Public Utility Commission requesting a legal
proceeding before a Pennsylvania Public Utility Commission
administrative law judge or a mediation under the management of
a Pennsylvania Public Utility Commission administrative law
judge.
"Household income." The combined gross income of all adults
in a residential household who benefit from the public utility
service.
"Informal complaint." A complaint filed with the
Pennsylvania Public Utility Commission by a customer that does
not involve a legal proceeding before a Pennsylvania Public
Utility Commission administrative law judge or a mediation under
the management of a Pennsylvania Public Utility Commission
administrative law judge.
"LIHEAP" or "Low Income Home Energy Assistance Program." A
federally funded program that provides financial assistance in
the form of cash and crisis grants to low-income households for
home energy bills and is administered by the Department of
Public Welfare.
"Natural gas distribution service." The delivery of natural
gas to retail gas customers utilizing the jurisdictional
facilities of a natural gas distribution utility.
"Natural gas distribution utility." A city natural gas
distribution operation or entity that provides natural gas
distribution services and may provide natural gas supply
services and other services. The term does not include either of
the following:
(1) Any public utility providing natural gas
distribution services subject to the jurisdiction of the
Pennsylvania Public Utility Commission that has annual gas
operating revenues of less than $6,000,000 per year, except
where the public utility voluntarily petitions the commission
to be included within this definition or where the public
utility seeks to provide natural gas supply services to
retail gas customers outside its service territory.
(2) Any public utility providing natural gas
distribution services subject to the jurisdiction of the
commission that is not connected to an interstate gas
pipeline by means of a direct connection or an indirect
connection through the distribution system of another natural
gas public utility or through a natural gas gathering system.
"Natural gas supply services." The sale or arrangement of
the sale of natural gas to retail gas customers and services
that may be unbundled by the Pennsylvania Public Utility
Commission under section 2203(3) (relating to standards for
restructuring of natural gas utility industry). The term does
not include natural gas distribution service.
"Payment agreement." An agreement whereby a customer who
admits liability for billed service is permitted to amortize or
pay the unpaid balance of the account in one or more payments.
"Public utility." Any electric distribution utility, natural
gas distribution utility or water distribution utility in this
Commonwealth that is within the jurisdiction of the Pennsylvania
Public Utility Commission.
"Occupant." (Reserved).
"Significant change in circumstance." Any of the following
criteria when verified by the public utility and experienced by
customers with household income less than 300% of the Federal
poverty level:
(1) The onset of a chronic or acute illness resulting in
a significant loss in the customer's household income.
(2) Catastrophic damage to the customer's residence
resulting in a significant net cost to the customer's
household.
(3) Loss of the customer's residence.
(4) Increase in the customer's number of dependents in
the household.
"Water distribution utility." An entity owning or operating
equipment or facilities for diverting, developing, pumping,
impounding, distributing or furnishing water to or for the
public for compensation.
§ 1404. Cash deposits and household information requirements.
(a) General rule.--In addition to the right to collect a
deposit under any commission regulation or order, the commission
shall not prohibit a public utility, prior to or as a condition
of providing utility service, from requiring a cash deposit in
an amount that is equal to one-sixth of the applicant's
estimated annual bill, at the time the public utility determines
a deposit is required, from the following:
(1) An applicant who previously received utility
distribution services and was a customer of the public
utility and whose service was terminated for any of the
following reasons:
(i) Nonpayment of an undisputed delinquent account.
(ii) Failure to complete payment of a deposit,
provide a guarantee or establish credit.
(iii) Failure to permit access to meters, service
connections or other property of the public utility for
the purpose of replacement, maintenance, repair or meter
reading.
(iv) Unauthorized use of the utility service
delivered on or about the affected dwelling.
(v) Failure to comply with the material terms of a
settlement or payment agreement.
(vi) Fraud or material misrepresentation of identity
for the purpose of obtaining utility service.
(vii) Tampering with meters, including, but not
limited to, bypassing a meter or removal of an automatic
meter reading device or other public utility equipment.
(viii) Violating tariff provisions on file with the
commission so as to endanger the safety of a person or
the integrity of the delivery system of the public
utility.
(2) Any applicant or customer who is unable to establish
creditworthiness to the satisfaction of the public utility
through the use of a generally accepted credit scoring
methodology which employs standards for using the methodology
that fall within the range of general industry practice.
(3) A customer who fails to comply with a material term
or condition of a settlement or payment agreement.
(b) Third-party guarantor.--Nothing in this section shall be
construed to preclude an applicant from furnishing a third-party
guarantor in lieu of a cash deposit. The guaranty shall be in
writing and shall state the terms of the guaranty. The guarantor
shall be responsible for all missed payments owed to the public
utility.
(c) Deposit hold period.--
(1) A public utility may hold a deposit until a timely
payment history is established or for a maximum period of 24
months.
(2) A timely payment history is established when a
customer has paid in full and on time for twelve consecutive
months.
(3) At the end of the deposit holding period as
established in paragraph (1), the public utility shall deduct
the outstanding balance from the deposit and return or credit
any positive difference to the customer.
(4) If service is terminated before the end of the
deposit holding period as established in paragraph (1), the
public utility shall deduct the outstanding balance from the
deposit and return any positive difference to the customer
within 60 days of the termination.
(5) If a customer becomes delinquent before the end of
the deposit holding period as established in paragraph (1),
the public utility may deduct the outstanding balance from
the deposit.
(6) The public utility shall accrue on the deposit until
it is returned or credited the legal rate of interest
pursuant to section 202 of the act of January 30, 1974
(P.L.13, No.6), referred to as the Loan Interest and
Protection Law, and return such interest with the deposit.
(d) Adult occupants.--Prior to providing utility service, a
public utility may require the applicant to provide the names of
each adult occupant residing at the location and proof of their
identity.
(e) Failure to pay full amount of cash deposit.--A public
utility shall not be required to provide service if the
applicant fails to pay the full amount of the cash deposit.
(f) City natural gas distribution operation; additional
deposit rules for city natural gas distribution operations.--
Except for applicants who are subject to a deposit under
subsection (a), a city natural gas distribution operation may
require a deposit from the applicant as follows:
(1) If an applicant has household income above 300% of
the Federal poverty level, one-sixth of the applicant's
estimated annual bill paid in full at the time the city
natural gas distribution operation determines a deposit is
required; or
(2) If an applicant has household income no greater than
300% of the Federal poverty level, one-twelfth of the
applicant's estimated annual bill paid in full at the time
the city natural gas distribution operation determines a
deposit is required. Applicants who enroll into the Customer
Assistance Program made available by the city natural gas
distribution operation are not subject to this paragraph.
(g) Estimated annual bill.--When used in this section, an
estimated annual bill shall be calculated on the basis of the
annual bill to the dwelling at which service is being requested
for the prior 12 months or, if unavailable, a similar dwelling
in close proximity.
(h) Time for paying deposits upon reconnection.--Applicants
required to pay a deposit upon reconnection under subsection
(a)(1) shall have up to 90 days to pay the deposit in accordance
with commission regulations.
§ 1405. Payment agreements.
(a) General rule.--The commission is authorized to
investigate complaints regarding payment disputes between a
public utility, applicants and customers. The commission is
authorized to establish payment agreements between a public
utility, customers and applicants within the limits established
by this chapter.
(b) Length of payment agreements.--The length of time for a
customer to resolve an unpaid balance on an account that is
subject to a payment agreement that is investigated by the
commission and is entered into by a public utility and a
customer shall not extend beyond:
(1) Five years for customers with a gross monthly
household income level not exceeding 150% of the Federal
poverty level.
(2) Two years for customers with a gross monthly
household income level exceeding 150% and not more than 250%
of the Federal poverty level.
(3) One year for customers with a gross monthly
household income level exceeding 250% of the Federal poverty
level and not more than 300% of the Federal poverty level.
(4) Six months for customers with a gross monthly
household income level exceeding 300% of the Federal poverty
level.
(c) Customer assistance programs.--Customer assistance
program rates shall be timely paid and shall not be the subject
of payment agreements negotiated or approved by the commission.
(d) Number of payment agreements.--Absent a change in
income, the commission shall not establish or order a public
utility to establish a second or subsequent payment agreement if
a customer has defaulted on a previous payment agreement. A
public utility may, at its discretion, enter into a second or
subsequent payment agreement with a customer.
(e) Extension of payment agreements.--If the customer
defaults on a payment agreement established under subsections
(a) and (b) as a result of a significant change in circumstance,
the commission may reinstate the payment agreement and extend
the remaining term for an initial period of six months. The
initial extension period may be extended for an additional six
months for good cause shown.
(f) Failure to comply with payment agreement.--Failure of a
customer to comply with the terms of a payment agreement shall
be grounds for a public utility to terminate the customer's
service. Pending the outcome of a complaint filed with the
commission, a customer shall be obligated to pay that portion of
the bill which is not in dispute and subsequent bills which are
not in dispute.
§ 1406. Termination of utility service.
(a) Authorized termination.--A public utility may notify a
customer and terminate service provided to a customer after
notice as provided in subsection (b) for any of the following
actions by the customer:
(1) Nonpayment of an undisputed delinquent account.
(2) Failure to comply with the material terms of a
payment agreement.
(3) Failure to complete payment of a deposit, provide a
guarantee of payment or establish credit.
(4) Failure to permit access to meters, service
connections or other property of the public utility for the
purpose of replacement, maintenance, repair or meter reading.
(b) Notice of termination of service.--
(1) Prior to terminating service under subsection (a), a
public utility:
(i) Shall provide written notice of the termination
to the customer at least ten days prior to the date of
the proposed termination. The termination notice shall
remain effective for 60 days.
(ii) Shall attempt to contact the customer or
occupant, either in person or by telephone, to provide
notice of the proposed termination at least three days
prior to the scheduled termination. Phone contact shall
be deemed complete upon attempted calls on two separate
days to the residence between the hours of 7 a.m. and 9
p.m. if the calls were made at various times each day.
(iii) During the months of December through March,
unless personal contact has been made with the customer
or responsible adult by personally visiting the
customer's residence, the public utility shall, within 48
hours of the scheduled date of termination, post a notice
of the proposed termination at the service location.
(iv) After complying with paragraphs (ii) and (iii),
the public utility shall attempt to make personal contact
with the customer or responsible adult at the time
service is terminated. Termination of service shall not
be delayed for failure to make personal contact.
(2) The public utility shall not be required by the
commission to take any additional actions prior to
termination.
(c) Grounds for immediate termination.--
(1) A public utility may immediately terminate service
for any of the following actions by the customer:
(i) Unauthorized use of the service delivered on or
about the affected dwelling.
(ii) Fraud or material misrepresentation of the
customer's identity for the purpose of obtaining service.
(iii) Tampering with meters or other public
utility's equipment.
(iv) Violating tariff provisions on file with the
commission so as to endanger the safety of a person or
the integrity of the public utility's delivery system.
(2) Upon termination, the public utility shall make a
good faith attempt to provide a post termination notice to
the customer or a responsible person at the affected
premises, and, in the case of a single meter, multiunit
dwelling, the public utility shall conspicuously post the
notice at the dwelling, including in common areas when
possible.
(d) Timing of termination.--Notwithstanding the provisions
of section 1503 (relating to discontinuance of service), a
public utility may terminate service for the reasons set forth
in subsection (a) from Monday through Friday as long as the
public utility can accept payment to restore service on the
following day and can restore service consistent with section
1407 (relating to reconnection of service).
(e) Winter termination.--
(1) Unless otherwise authorized by the commission, after
November 30 and before April 1, an electric distribution
utility or natural gas distribution utility shall not
terminate service to customers with household incomes at or
below 250% of the Federal poverty level except for customers
whose actions conform to subsection (c)(1). The commission
shall not prohibit an electric distribution utility or
natural gas distribution utility from terminating service in
accordance with this section to customers with household
incomes exceeding 250% of the Federal poverty level.
(2) In addition to the winter termination authority set
forth in paragraph (1), a city natural gas distribution
operation may terminate service to a customer whose household
income exceeds 150% of the Federal poverty level but does not
exceed 250% of the Federal poverty level, and starting
January 1, has not paid at least 50% of his charges for each
of the prior two months unless the customer has done one of
the following:
(i) Has proven in accordance with commission rules
that his household contains one or more persons who are
65 years of age or over.
(ii) Has proven in accordance with commission rules
that his household contains one or more persons 12 years
of age or younger.
(iii) Has obtained a medical certification in
accordance with commission rules.
(iv) Has paid to the city natural gas distribution
operation an amount representing at least 15% of the
customer's monthly household income for each of the last
two months.
(3) At the time that the notice of termination required
by subsection (b)(1)(i) is provided to the customer, the city
natural gas distribution operation shall provide notice to
the commission. The commission shall not stay the termination
of service unless the commission finds that the customer
meets the criteria in paragraph 2(i), (ii), (iii) or (iv).
(f) Medical certification.--A public utility shall not
terminate service to a premises when a licensed physician or
nurse practitioner has certified that the customer or a member
of the customer's household is seriously ill or afflicted with a
medical condition that will be aggravated by cessation of
service. The customer shall obtain a letter from a licensed
physician verifying the condition and shall promptly forward it
to the public utility. The medical certification procedure shall
be implemented in accordance with commission regulations.
(g) Qualification for LIHEAP.--A notice of termination to a
customer of a public utility shall be sufficient proof of a
crisis for a customer with the requisite income level to receive
a LIHEAP Crisis Grant from the Department of Public Welfare or
its designee.
(h) Dishonorable tender of payment after receiving
termination notice.--
(1) After a public utility has provided a written
termination notice under subsection (b)(1)(i) and attempted
telephone contact as provided in subsection (b)(1)(ii),
termination of service may proceed without additional notice
if:
(i) a customer tenders payment which is subsequently
dishonored under 13 Pa.C.S. § 3502 (relating to
dishonor); or
(ii) a customer tenders payment with an access
device, as defined in 18 Pa.C.S. § 4106(d) (relating to
access device fraud), which is unauthorized, revoked or
canceled.
(2) The public utility shall not be required by the
commission to take any additional actions prior to the
termination.
§ 1407. Reconnection of service.
(a) Fee.--A public utility may require a reconnection fee
based upon the public utility's cost as approved by the
commission prior to reconnection of service following lawful
termination of the service.
(b) Timing.--When service to a dwelling has been terminated
and provided the applicant has met all applicable conditions,
the public utility shall reconnect service as follows:
(1) Within 24 hours for erroneous terminations or upon
receipt by the public utility of a valid medical
certification.
(2) Within 24 hours for terminations occurring after
November 30 and before April 1.
(3) Within three days for erroneous terminations
requiring street or sidewalk digging.
(4) Within three days from April 1 to November 30 for
proper terminations.
(5) Within seven days for proper terminations requiring
street or sidewalk digging.
(c) Payment to restore service.--
(1) A public utility shall provide for and inform the
applicant or customer of a location where the customer can
make payment to restore service.
(2) A public utility may require:
(i) Full payment of any outstanding balance incurred
together with any reconnection fees by the customer or
applicant prior to reconnection of service if the
customer or applicant has an income exceeding 300% of the
Federal poverty level or has defaulted on two or more
payment agreements. If a customer or applicant with
household income exceeding 300% of the Federal poverty
level experiences a life event, the customer shall be
permitted a period of not more than three months to pay
the outstanding balance required for reconnection. For
purposes of this subparagraph, a life event is:
(A) A job loss that extended beyond nine months.
(B) A serious illness that extended beyond nine
months.
(C) Death of the primary wage earner.
(ii) Full payment of any reconnection fees together
with repayment over 12 months of any outstanding balance
incurred by the customer or applicant if the customer or
applicant has an income exceeding 150% of the Federal
poverty level but not greater than 300% of the Federal
poverty level.
(iii) Full payment of any reconnection fees together
with payment over 24 months of any outstanding balance
incurred by the customer or applicant if the customer or
applicant has an income not exceeding 150% of the Federal
poverty level. A customer or applicant of a city natural
gas distribution operation whose household income does
not exceed 135% of the Federal poverty level shall be
reinstated pursuant to this subsection only if the
customer or applicant enrolls in the customer assistance
program of the city natural gas distribution operation
except that this requirement shall not apply if the
financial benefits to such customer or applicant are
greater if served outside of that assistance program.
(d) Payment of outstanding balance at premises.--A public
utility may also require the payment of any outstanding balance
or portion of an outstanding balance if the applicant resided at
the property for which service is requested during the time the
outstanding balance accrued and for the time the applicant
resided there.
(e) Approval.--A public utility may establish that an
applicant previously resided at a property for which residential
service is requested through the use of mortgage, deed or lease
information, a commercially available consumer credit reporting
service or other methods approved as valid by the commission.
§ 1408. Surcharges for uncollectible expenses prohibited.
The commission shall not grant or order for any public
utility a cash receipts reconciliation clause or another
automatic surcharge mechanism for uncollectible expenses. Any
orders by the commission entered after the effective date of
this chapter for a cash receipts reconciliation clause or other
automatic surcharge for uncollectible expenses shall be null and
void. This section shall not affect any clause associated with
universal service and energy conservation.
§ 1409. Late payment charge waiver.
A public utility may waive late payment charges on any
customer accounts. The commission may only order a waiver of any
late payment charges levied by a public utility as a result of a
delinquent account for customers with a gross monthly household
income not exceeding 150% of the Federal poverty level.
§ 1410. Complaints filed with commission.
The following apply:
(1) The commission shall accept complaints only from
customers who affirm that they have first contacted the
public utility for the purpose of resolving the problem about
which the customer wishes to file a complaint. If the
customer has not contacted the public utility, the commission
shall direct the customer to the public utility.
(2) Pending the outcome of a complaint filed with the
commission, the customer shall be obligated to pay that
portion of the bill which is not in dispute and subsequent
bills which are not in dispute.
(3) For a formal complaint filing to be valid, the
customer needs to provide a statement attesting to the truth
as to the facts alleged in the complaint. All testimony in
formal complaint proceedings must be under oath.
§ 1411. Automatic meter readings.
All readings by an automatic meter reader device shall be
deemed actual readings for the purposes of this title.
§ 1412. Reporting of delinquent customers.
A city natural gas distribution operation shall report to the
Pennsylvania Intergovernmental Cooperation Authority established
pursuant to the act of June 5, 1991 (P.L.9, No.6), known as the
Pennsylvania Intergovernmental Cooperation Authority Act for
Cities of the First Class, an assisted city or corporate entity
of an assisted city, as those terms are defined in the
Pennsylvania Intergovernmental Cooperation Authority Act, that
has not paid in full for charges for service by the due dates
stated on the bill or otherwise agreed upon.
§ 1413. Reporting of recipients of public assistance.
The Department of Public Welfare shall annually provide a
city natural gas distribution operation with the listing of
recipients of public assistance in a city of the first class. A
city natural gas distribution operation shall not use the
listing for anything but qualification and continued eligibility
for a customer assistance program or LIHEAP.
§ 1414. Liens by city natural gas distribution operations.
(a) General rule.--A city natural gas distribution operation
furnishing gas service to a property is entitled to impose or
assess a municipal claim against the property and file as liens
of record claims for unpaid natural gas distribution service and
other related costs, including natural gas supply, in the court
of common pleas of the county in which the property is situated
or, if the claim for the unpaid natural gas distribution service
does not exceed the maximum amount over which the Municipal
Court of Philadelphia has jurisdiction, in the Municipal Court
of Philadelphia, pursuant to sections 3 and 9 of the act of May
16, 1923 (P.L.207, No.153), referred to as the Municipal Claim
and Tax Lien Law, and Chapter 22 (relating to natural gas
competition).
(b) Residential field visit charge.--A city natural gas
distribution operation is authorized to charge a minimum fee of
$10 for each instance in which its representative is required to
visit the residence of a customer in the process of attempting
to complete required service termination steps.
(c) Refusal of service.--The commission shall permit a city
natural gas distribution operation to refuse to provide service
to an applicant if the applicant has a pending lien or civil
judgment by the city natural gas distribution operation
outstanding against the applicant or against property owned in
whole or in part by the applicant unless the applicant enters
into a payment arrangement for the payment of the amount
associated with the lien or judgment that remains outstanding at
the time of the application.
§ 1415. Reporting to General Assembly and Governor.
No later than two years following the effective date of this
chapter and every two years thereafter, the commission shall
submit a report to the Governor, the Chief Clerk of the House of
Representatives and the Secretary of the Senate reviewing the
implementation of the provisions of this chapter. The report
shall include, but not be limited to:
(1) The degree to which the chapter's requirements have
been successfully implemented.
(2) The effect upon the cash working capital or cash
flow, uncollectible levels and collections of the affected
public utilities.
(3) The level of access to utility services by
residential customers including low-income customers.
(4) The effect upon the level of consumer complaints and
mediations filed with and adjudicated by the commission.
Public utilities affected by this chapter shall provide data
required by the commission to complete this report. In its
recommendations, the commission may also propose any legislative
or other changes which it deems appropriate to the Governor and
the General Assembly.
§ 1416. Notice.
Within 30 days of the effective date of this chapter, public
utilities affected by this chapter shall provide notice to the
customers explaining the changes to be implemented.
§ 1417. Nonapplicability.
This chapter shall not apply to victims under a protection
from abuse order as provided by 23 Pa.C.S. Ch. 61 (relating to
protection from abuse).
§ 1418. Construction.
Nothing in this chapter shall affect any rights or procedure
under the act of November 26, 1978 (P.L.1255, No.299), known as
the Utility Service Tenants Rights Act.
Section 4. The following shall apply:
(1) The addition of 66 Pa.C.S. Ch. 14 supersedes any
inconsistent requirements imposed by law on public utilities,
including, but not limited to, requirements imposed by 52 Pa.
Code §§ 56.32, 56.33, 56.35, 56.41, 56.51, 56.53, 56.81,
56.82, 56.83, 56.91, 56.93, 56.94, 56.95, 56.96, 56.100,
56.101, 56.111, 56.112, 56.113, 56.114, 56.115, 56.116,
56.117, 56.181 and 56.191.
(2) All other regulations are abrogated to the extent of
any inconsistency with 66 Pa.C.S. Ch. 14.
(3) All ordinances of any city of the first class are
abrogated to the extent they are inconsistent with 66 Pa.C.S.
Ch. 14.
Section 5. The addition of 66 Pa.C.S. Ch. 14 shall expire on
December 31, 2014, unless sooner reenacted by the General
Assembly.
Section 6. The Pennsylvania Public Utility Commission shall
amend the provisions of 52 Pa. Code Ch. 56 to comply with the
provisions of 66 Pa.C.S. Ch. 14 and may promulgate other
regulations to administer and enforce 66 Pa.C.S. Ch. 14, but
promulgation of any such regulation shall not act to delay the
implementation or effectiveness of this chapter.
Section 7. This act shall take effect in 14 days.
APPROVED--The 30th day of November, A. D. 2004.
EDWARD G. RENDELL
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