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Arizona Administrative Code (Last Updated: November 17, 2016) |
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Title 14. PUBLIC SERVICE CORPORATIONS; CORPORATIONS AND ASSOCIATIONS; SECURITIES REGULATION |
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Chapter 2. CORPORATION COMMISSION - FIXED UTILITIES |
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Article 3. GAS UTILITIES |
Section R14-2-311. Termination of service
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A. Nonpermissible reasons to disconnect service. A utility may not disconnect service for any of the reasons stated below:
1. Delinquency in payment for services rendered to a prior customer at the premises where service is being provided, except in the instance where the prior customer continues to reside on the premises.
2. Failure of the customer to pay for services or equipment which are not regulated by the Commission.
3. Nonpayment of a bill related to another class of service.
Corporation Commission – Fixed Utilities
4. Failure to pay for a bill to correct a previous underbilling
2. Each utility shall maintain a record of all terminations of
due to an inaccurate meter or meter failure if the customer
service with notice. This record shall be maintained for
agrees to pay over a reasonable period of time.
one year and be available for Commission inspection.
5. A utility shall not terminate residential service where the
D.
Termination notice requirements
customer has an inability to pay and:
1. No utility shall terminate service to any of its customers
a. The customer can establish through medical docu-
without providing advance written notice to the customer
mentation that, in the opinion of a licensed medical
of the utility’s intent to disconnect service, except under
physician, termination would be especially danger-
those conditions specified where advance written notice
ous to the customer or a permanent resident residing
is not required.
on the customer’s premises health, or
2. Such advance written notice shall contain, at a minimum,
b. Life supporting equipment used in the home that is
the following information:
dependent on utility service for operation of such
a. The name of the person whose service is to be termi-
apparatus, or
nated and the address where service is being ren-
c. Where weather will be especially dangerous to
dered.
health as defined herein or as determined by the
b. The utility tariff that was violated and explanation
Commission.
thereof or the amount of the bill which the customer
6. Residential service to ill, elderly, or handicapped persons
has failed to pay in accordance with the payment
who have an inability to pay will not be terminated until
policy of the utility, if applicable.
all of the following have been attempted:
c. The date on or after which service may be termi-
a. The customer has been informed of the availability
nated.
of funds from various government and social assis-
d. A statement advising the customer that the utility’s
tance agencies
stated reason for the termination of services may be
b. A third party previously designated by the customer
disputed by contacting the utility at a specific
has been notified and has not made arrangements to
address or phone number, advising the utility of the
pay the outstanding utility bill.
dispute and making arrangements to discuss the
7. A customer utilizing the provisions of subsection (A)(5)
cause for termination with a responsible employee
or (6) may be required to enter into a deferred payment
of the utility in advance of the scheduled date of ter-
agreement with the utility within 10 days after the sched-
mination. The responsible employee shall be
uled termination date.
empowered to resolve the dispute and the utility
8. Failure to pay the bill of another customer as guarantor
shall retain the option to terminate service after
thereof.
affording this opportunity for a meeting and con-
9. Disputed bills where the customer has complied with the
cluding that the reason for termination is just and
Commission’s rules on customer bill disputes.
advising the customer of his right to file a complaint
B.
Termination of service without notice
with the Commission.
1. Utility service may be disconnected without advance
3. Where applicable, a copy of the termination notice will
written notice under the following conditions:
be simultaneously forwarded to designated third parties.
a. The existence of an obvious hazard to the safety or
E.
Timing of terminations with notice
health of the consumer or the general population.
1. Each utility shall be required to give at least five days’
b. The utility has evidence of meter tampering or fraud.
advance written notice prior to the termination date.
c. Failure of a customer to comply with the curtailment
2. Such notice shall be considered to be given to the cus-
procedures imposed by a utility during supply short-
tomer when a copy thereof is left with the customer or
ages.
posted first class in the United States mail, addressed to
2. The utility shall not be required to restore service until the
the customer’s last known address.
conditions which resulted in the termination have been
3. If after the period of time allowed by the notice has
corrected to the satisfaction of the utility.
elapsed and the delinquent account has not been paid nor
3. Each utility shall maintain a record of all terminations of
arrangements made with the utility for the payment
service without notice. This record shall be maintained
thereof or in the case of a violation of the utility’s rules
for a minimum of one year and shall be available for
the customer has not satisfied the utility that such viola-
inspection by the Commission.
tion has ceased, the utility may then terminate service on
C.
Termination of service with notice
or after the day specified in the notice without giving fur-
1. A utility may disconnect service to any customer for any
ther notice.
reason stated below provided the utility has met the
4. Service may only be disconnected in conjunction with a
notice requirements established by the Commission:
personal visit to the premises by an authorized represen-
a. Customer violation of any of the utility’s tariffs.
tative of the utility.
b. Failure of the customer to pay a delinquent bill for
5. The utility shall have the right (but not the obligation) to
utility service.
remove any or all of its property installed on the cus-
c. Failure to meet or maintain the utility’s deposit
tomer’s premises upon the termination of service.
requirements.
F.
Landlord/tenant rule. In situations where service is rendered at
d. Failure of the customer to provide the utility reason-
an address different from the mailing address of the bill or
able access to its equipment and property.
where the utility knows that a landlord/tenant relationship
e. Customer breach of a written contract for service
exists and that the landlord is the customer of the utility, and
between the utility and customer.
where the landlord as a customer would otherwise be subject
f. When necessary for the utility to comply with an
to disconnection of service, the utility may not disconnect ser-
order of any governmental agency having such juris-
vice until the following actions have been taken:
diction.
1. Where it is feasible to so provide service, the utility, after
providing notice as required in these rules, shall offer the
Corporation Commission – Fixed Utilities
occupant the opportunity to subscribe for service in his or her own name. If the occupant then declines to so sub- scribe, the utility may disconnect service pursuant to the rules.
2. A utility shall not attempt to recover from a tenant or con- dition service to a tenant with the payment of any out- standing bills or other charges due upon the outstanding account of the landlord.
Historical Note
Adopted effective March 2, 1982 (Supp. 82-2). Amended to correct subsection numbering (Supp. 99-4).