CHAPTER
En 1200 UNIFORM ADMINISTRATION OF
UTILITY CUSTOMER RELATIONS
REVISION
NOTE:
Document #13986, effective 5-30-24,
adopted Chapter En 1200 titled “Uniform Administration of Utility Customer
Relations.” Document #13986 was adopted pursuant to RSA
12-P:5, IV and RSA 363-B to the extent the provisions apply under the authority
of the Department of Energy (Department).
Pursuant to 2021, 91:187, effective
7-1-21, the Department of Energy was established by the adoption of RSA
12-P. Pursuant to RSA 12-P:11, “All of
the functions, powers, duties, records, personnel, and property of the public
utilities commission incorporated in the statutes establishing the department
of energy and which replace the authority of the commission with the authority
of the department of energy, are hereby transferred, as of July 1, 2021, to the
department of energy.”
Pursuant to RSA 12-P:14, “Existing
rules, orders, and approvals of the public utilities commission which are
associated with any functions, powers, and duties, transferred to the
department of energy pursuant to RSA 12-P:11 or any other statutory provision,
shall continue in effect and be enforced by the commissioner of the department
of energy until they expire or are repealed or amended in accordance with
applicable law.”
Chapter En 1200 applies to the
administrative processes by which utility companies and customers interact in
order to increase the level of information and protection provided to both and
to ensure the equal application of these rules by all utilities. The rules include the former rules in Chapter
Puc 1200 of the Public Utilities Commission (PUC) titled “Uniform
Administration of Utility Customer Relations”
regarding the provision of utility services, winter rules, and medical
emergency rules. The authority for rule
Puc 1203.05 titled “Implementation of Rate Changes” was not transferred to the
Department because the functions pertaining to the establishment of rates or
changes to rates are under the authority of the PUC pursuant to RSA 365:8, I.
The PUC subsequently adopted the
former Puc 1203.05 as Part Puc 1606 titled “Implementation of Rate Changes” in
Document #14030, effective 7-25-24. The
PUC then repealed Chapter Puc 1200 through the expedited repeal process pursuant
to RSA 541-A:19-a in Document #14362, effective 9-4-25. Chapter En 1200 in Document #13986 and Part
Puc 1606 in Document #14030 replace all prior filings affecting the former Chapter
Puc 1200.
The prior filings by the PUC affecting
the former Puc 1200 include the following documents:
#2011,
eff 5-4-82
#2534,
eff 11-23-83
#2784(E),
eff 7-27-84
#2912,
eff 11-26-84, EXPIRED: 11-26-90
#6245,
eff 5-14-96
#7692,
eff 5-25-02
#8075,
INTERIM, eff 4-29-04
#8192,
eff 10-22-04
#9990,
eff 9-16-11
#13031,
eff 6-9-20
PART
En 1201 PURPOSE AND SCOPE OF RULES
En 1201.01 Purpose. The purpose of these rules is to simplify and
standardize the administrative processes by which customers and utilities interact
in order to increase the level of information and protection provided to both
and ensure, as far as is possible, the equal application of these rules by all
utilities.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
En 1201.02 Scope of Rules. With the exception of En 1204 and where
otherwise noted, these rules shall apply to any public utility providing
electric, gas, sewer, or water service to the public in the state of New
Hampshire excluding limited electrical energy producers as defined in RSA 362‑A. With the exception of En 1203.07, En 1203.11,
En 1203.12, En 1203.16, En 1204.01, En 1204.02, En 1204.03, En 1204.04, En
1204.05, and En 1205, these rules shall not apply to rural electric
cooperatives for which a certificate of deregulation is on file with the commission.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
PART
En 1202 DEFINITIONS
En 1202.01 "Arrearage" means any amount due to
the utility for utility service which remains unpaid after the due date printed
on the original bill.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
En 1202.02 "Commission" means the New
Hampshire public utilities commission.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
En 1202.03 "Complaint" means an expression of
dissatisfaction by a customer which the utility has failed to resolve to the
customer's satisfaction after the intervention of a supervisory employee of the
utility or after the customer has requested such intervention.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
En 1202.04 "Conference" means a meeting held
in person or by telephone in which the customer, utility and department staff
participate.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
En 1202.05 "Current bill" means the amount of
money due to the utility for utility service, including all applicable state
and federal taxes, rendered in the most recent billing period.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
En 1202.06 "Customer" means any person, firm,
partnership, corporation, cooperative marketing association, tenant,
governmental unit, or a subdivision of a municipality, or the State of New
Hampshire, who has contracted for electric, gas, sewer, or water service from a
utility.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
En 1202.07 "Department" means the New
Hampshire department of energy.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
En 1202.08 "Disconnection" means a
technological function which occurs when a customer is physically or
effectively separated or shut off from a utility service.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
En 1202.09 "Due date" means the date no less
than 25 calendar days from the bill date when the bill is sent electronically
or via first class mail.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
En 1202.10 "Financial hardship" means a
residential customer has provided the utility with evidence of current
enrollment of the customer or the
customer’s household in the Low
Income Home Energy Assistance Program, the Electric Assistance Program, the Gas
Residential Low Income Assistance Program, the Neighbor Helping Neighbor
Program, their successor programs, or any other federal, state, or local
government program or government funded program of any social service agency
which provides financial assistance or subsidy assistance for low income
households based upon a written determination of household financial
eligibility.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
En 1202.11 "Late payment" means any payment
made to the utility or its authorized agent after the due date printed on the
bill.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
En 1202.12 "Medical emergency" means a
situation where a utility customer or member of the customer’s household has a
physical or mental health condition that would become a danger to the
customer’s or household member’s physical or mental health in the absence of
utility service as certified to the utility by a licensed physician, advanced
practice registered nurse, physician’s assistant or mental health practitioner
as defined in RSA 330-A:2, VII.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
En 1202.13 "Meter" means a device installed by
a utility to measure the amount of use.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
En 1202.14 "Prime rate" means the rate
reported in the Wall Street Journal on the first business day of the month
preceding the beginning of each calendar quarter, or the average of the rates
so reported on that day.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
En 1202.15 "Tariff" means the current schedule
of rates, charges, terms, and conditions filed by a utility and either approved
by the commission or effective by operation of law.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
En 1202.16 "Termination" means a bookkeeping
function which occurs when a customer account is closed permanently.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
En 1202.17 "Undue delay" means more than 3
business days from the later of the date by which the customer complies with
all application requirements or the date for which service was requested,
except during severe storms, heavy seasonal activity, and other similar
unforeseeable circumstances.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
En 1202.18 "Utility" means every electric,
gas, sewer, and water system or part thereof owned, operated or managed by an individual
or business entity determined to be a public utility under New Hampshire
statutes, and every municipal authority furnishing any of the above services
outside its municipal boundaries excluding those municipalities exempted from
regulation by RSA 362:4.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
En 1202.19 "Utility service" means the
provision of electric, gas, water, or sewer service in accordance with the
terms and conditions of a tariff filed with and approved by the commission, or by a rural
electric cooperative for which a certificate of deregulation is on file with
the commission in accordance with its terms and conditions of service.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
En 1202.20 "Winter period" means the period
beginning November 15th and extending up to and including March 31st.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
PART En 1203 SERVICE PROVISIONS
En 1203.01 Initiation of Utility Service.
(a)
The utility may require all applicants for service under a utility's
filed tariff to make application to the utility in writing, in accordance with
the forms prescribed by the utility.
(b)
An applicant for service may initially make an oral application for
service. If the utility requires written
confirmation as provided for in (a) above, the utility shall require such
written confirmation of the oral application to be made within 10 calendar
days.
(c)
The location to which an applicant requests service shall be:
(1) Within the utility's authorized franchise
area; and
(2) Equipped with existing utility facilities in
compliance with local occupancy requirements.
(d)
The utility shall make reasonable efforts to determine if the applicant
has an outstanding balance with the utility at the time of the applicant’s
request for service.
(e)
An applicant for residential service shall not be held responsible for
an outstanding balance incurred in the name of someone other than the applicant
unless:
(1) The applicant and the individual in whose
name the balance was incurred resided together at the time the balance was
incurred; and
(2) The applicant and the individual in whose
name the balance was incurred will continue to reside together at the location
for which new service has been requested.
(f)
Notwithstanding (c)(2) above, upon receiving a request for service to a
location where facilities do not exist, all utilities shall provide all
facilities necessary for service, or initiate a request for such facilities,
where the provision of service to the location is economically feasible and the
customer has obtained all necessary easements and permits and paid all
applicable fees under the utility’s tariff, and those facilities shall be
exempt from the timing constraints of En 1203.01(h) below.
(g)
The utility may charge for connection of service as specified in its
tariff.
(h)
Upon compliance by an applicant with all application requirements, the
utility shall complete the service connection, where facilities exist which
support the requested service, without undue delay.
(i)
At the time a customer contracts for construction involving the
installation or modification of utility services, the utility shall provide the
customer with written or electronic notice stating that there might be
additional charges assessed by other providers for service requested by the
customer from those providers.
(j)
A utility shall not connect service at a rate other than the applicable
tariffed rate or rate schedule unless a special contract for such service is in
effect.
(k) A gas utility shall ask the customer applying
for new service whether the service will be used to heat the location and for
any other information necessary to determine if the appropriate rate will be a
heating or non-heating rate.
(l)
The utility shall not deny service to any otherwise qualified applicant
based upon any of the following characteristics:
(1) Income;
(2) Home ownership;
(3) Race;
(4) Color;
(5) Creed;
(6) Sex;
(7) Gender identity;
(8) Sexual orientation;
(9) Marital status;
(10) Age, with the exception of unemancipated
minors;
(11) National origin; or
(12) Disability.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
En 1203.02 Information to Customers.
(a)
Upon receiving a request for new service, the utility shall:
(1)
Provide information as to what might be
the most advantageous utility rate or rates available to the customer;
(2)
Provide the customer with the current
utility default energy service rate;
(3)
Inform the customer that energy service
can be provided through the utility or through a competitive supplier; and
(4)
Provide the customer with the website
address for the department's webpage on choosing an energy supplier.
(b)
Upon a customer's request, each utility shall provide a written
description of the utility's method of reading meters and deriving billing
therefrom.
(c)
All utilities that file an application with the commission for a general
rate change shall send to each of its customers a clear and concise statement
of the rate schedules applied for and indicate which schedules are applicable
to that customer.
(d)
The information required to be distributed to customers under (c) above
shall be distributed no later than 45 calendar days from the date of filing.
(e)
Upon application for service and no less frequently than annually, each
customer shall be provided with the existing rate schedules or notified of how
to obtain the existing rate schedules.
(f)
If a utility provides the existing rate schedules in (e) above, the rate
schedules shall be provided using one of the following methods:
(1) Bill insert; or
(2) Separate mailing.
(g) If a utility provides notice of how to obtain
rate schedules in (e) above, notice shall be provided using one of the
following methods:
(1) Bill message;
(2) Bill insert; or
(3) Separate mailing.
(h)
Gas and electric utilities shall indicate in the statements required by
(e) above:
(1) Whether the rate schedules are subject to any
periodic rate adjustment clause; and
(2) The frequency with which rates under these
clauses are subject to change.
(i)
The statements required by (c) and (e) above shall include the toll-free
number of the department’s consumer division.
(j)
With the exception of sewer utilities, each utility shall provide notice
on or with customer bills no less frequently than 2 times a year regarding
medical emergency certification. The
notice shall be consistent with the statement contained in En 1203.11(b)(2)l.
(k)
All information required under En 1203.02 shall also be provided in a
particular foreign language when 25% or more of the population within the
utility's franchise area speaks that particular foreign language as its primary
language. The determination of the
percentage shall be made by the department based upon data obtained from the state
agency responsible for maintaining the state data center.
(l)
Electric and gas utilities shall provide residential customers with
copies of the department-prepared pamphlet "Consumers' Rights and
Responsibilities" in the following manner:
(1) The pamphlet shall be available and displayed
prominently on the website of each electric and gas utility;
(2) Printed copies of the pamphlet shall be available
and provided to any person requesting a copy at no charge;
(3) Notice that the pamphlet is available on the
utility website and in printed form shall be provided a minimum of 3 times each
year in or on all residential bills;
(4) The cost of printing and distributing the
pamphlets shall be borne by the gas and electric utilities in percentage
amounts equal to the ratio representing the individual utility's gross revenues
compared to the total gross revenues for all gas and electric utilities; and
(5) A gas or electric utility's decision to
independently incur additional costs to distribute copies or provide notice of
the pamphlet's availability more frequently than required by these rules shall
be deemed by the department an appropriate expense of doing business.
(m)
Water and sewer utilities shall provide residential customers with
notice of the department-prepared pamphlet "Consumers' Rights and
Responsibilities" in the following manner:
(1) The pamphlet shall be available and displayed
prominently on the website of each water and sewer utility if the utility
maintains a website; and
(2) Notice that the pamphlet is available on the department’s
website, and the utility website where applicable, shall be provided a minimum
of 2 times each year in or on all residential bills.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
En 1203.03 Deposits.
(a)
As a condition of new residential service, a utility may require a
deposit, or a written guarantee or direct debit account as provided for in (i)
below, in the following circumstances:
(1) When the customer has an undisputed overdue
balance, incurred within the last 3 years, on a prior account with the utility
or any similar type of utility, as described in (c) below;
(2) When any utility has successfully obtained a
judgment against the customer during the past 2 years for non-payment of a
delinquent account for utility service;
(3) When the utility has disconnected the
customer's service within the last 3 years because the customer interfered
with, or diverted, the service of the utility situated on or about the
customer's premises; or
(4) When the customer is unable to provide
satisfactory evidence to the utility that the customer intends to remain at the
location for which service is being requested for a period of 12 consecutive
months, as described in (b) below, unless the customer provides satisfactory
evidence that they have not been delinquent in their similar utility service
accounts for a period of 12 months, as described in (b) below, in which case no
deposit shall be required.
(b)
For purposes of (a)(4) above, the following shall apply:
(1) Satisfactory evidence of intent shall consist
of a copy of the customer's deed, lease, or letter from a landlord and shall be
provided within 30 days of the deposit request; and
(2) Satisfactory evidence of non-delinquency
shall consist of written statements by a representative of the similar utility
service.
(c)
For purposes of (a) and (b) above, the following utilities shall be
considered to be similar utilities:
(1) For electric utilities, gas or electric
utilities;
(2) For gas utilities, gas or electric utilities:
(3) For water utilities, water utilities; and
(4) For sewer utilities, sewer utilities.
(d)
A utility’s request for a deposit, as a condition of new residential
service, shall be made within 30 calendar days of initiating new service.
(e)
As a condition of existing residential service, a utility may require a
deposit, or a written guarantee or a direct debit account as provided for in
(i) below, in the following circumstances:
(1) When the customer has received the following
number of disconnect notices for nonpayment from the utility within a 12-month
period:
a. For customers billed monthly, 4 disconnect
notices; and
b. For customers billed quarterly, 2 disconnect
notices;
(2) When the customer's service has been
disconnected for non‑payment of a delinquent account;
(3) When the utility has disconnected the
customer's service because the customer interfered with, or diverted, the
service of the utility situated on, or delivered on or about, the customer's
premises; or
(4) When the customer has filed for bankruptcy
and listed the utility as a creditor under the filing, and the filing has been
accepted, in which case the deposit requirement shall be in accordance with 11
U.S.C. § 366.
(f)
As a condition of any service other than residential service, a utility
may require a deposit.
(g)
As part of any residential deposit request, the utility shall inform the
customer, orally and in writing, of the following:
(1) That the deposit shall be waived if the
customer provides evidence of financial hardship unless the customer has
previously interfered with, or diverted, the service of the utility situated
on, or delivered on or about, the customer's premises;
(2) That a customer claiming financial hardship
shall present evidence of financial hardship to the utility on an annual basis;
and
(3) The option to provide a third‑party
guarantee in lieu of a deposit pursuant to (i)(1) below or, if offered by the
utility, establish a direct debit account in lieu of a deposit pursuant to
(i)(2).
(h)
As part of any deposit request to a customer other than a residential
customer, the utility shall inform the customer, orally and in writing, of the
option to provide a third-party guarantee in lieu of deposit pursuant to (i)(1)
below, or, if offered by the utility, establish a direct debit account pursuant
to (i)(2) below in lieu of a deposit.
(i)
In lieu of a deposit, a utility shall:
(1) Accept the irrevocable written guarantee of a
responsible party such as a social service organization, a municipal welfare
agency, a bank, or a customer in good standing of the utility as a surety for a
customer service account. For purposes
of this subparagraph, "customer in good standing" means a customer
who has not received any disconnection notices during the preceding 12 months;
or
(2) With the agreement of both the utility and
the customer, establish a direct debit account whereby the customer’s payment
shall be automatically debited from his or her bank account each month.
(j)
Any irrevocable written guarantee referenced in (i)(1) above shall:
(1) Be in writing;
(2) Include the maximum amount guaranteed; and
(3) Specify that the utility shall not hold the
guarantor liable for the sums in excess of the maximum amount guaranteed unless
agreed to in a separate written agreement.
(k)
The responsible party assuring the guarantee referenced in (i)(1) above
shall be released from liability and no further deposit shall be required from
the customer at the point in time when all bills have been paid without
delinquency for 12 consecutive months for a residential customer and 24
consecutive months for a non‑residential customer.
(l)
When a direct debit account is established in lieu of a deposit in
accordance with (i)(2) above, the utility shall have the right to go back to
the customer and request a deposit if the automatic withdrawal from the
customer’s account fails for 2 successive months as a result of insufficient
funds in the customer’s bank account.
(m)
Any deposit required pursuant to En 1203.03 shall be subject to the
following terms and conditions:
(1) The amount of deposit shall be:
a. No less than $10; and
b. No more than 2 times the average monthly
bill, calculated as described below:
1. For new utility customers, the average
monthly bill shall be determined by estimation based on the following:
(i) Customer information about the prior customer
at that service address; and
(ii) Customer specific characteristics; and
2. For current utility customers, the average
monthly bill shall be based on either:
(i) Actual past bills from the prior 12 months;
or
(ii) If current utility customers have less than
12 months of actual service, the average monthly bill shall be determined
pursuant to (m)(1)b.1. above;
(2) All deposits shall accrue simple annual
interest from the date of deposit to the date of termination;
(3) Interest shall accrue at a rate equal to the
prime rate;
(4) When a deposit has been held longer than 12
months, interest shall be credited to the customer's current bill not less than
annually;
(5) The entire deposit plus interest accrued
shall be refunded when all bills have been paid without arrearage for 12
consecutive months for a residential customer and 24 consecutive months for a
non‑residential customer;
(6) With the agreement of the customer, deposits
plus the interest accrued thereon may be applied against the current bills
until the balance of the deposit is exhausted;
(7) Upon termination of service, the deposit plus
interest accrued less any amount due the utility shall be refunded within 60
calendar days of the date of termination;
(8) A utility shall maintain a detailed record of
all deposits received from customers showing:
a. The name of the customer or customers;
b. The location of the service;
c. The date the deposit was made;
d. The amount of the deposit;
e. The amount of interest accrued;
f. The date refunded to the customer; and
g. Any amount credited to the customer's
account;
(9) The record required by (8) above shall be
maintained by the utility for a period of 3 years subsequent to refunding the
customer's deposit;
(10) Either by mail or in person, a utility shall
provide each customer with a receipt for any deposit, containing, at a minimum:
a. The name of the customer or customers;
b. The location of the service;
c. The date and amount of the deposit payment;
and
d. A statement of the terms and conditions
governing the receipt, retention, refund, and payment of interest, and the
payment and refund of deposits, pursuant to En 1203.03; and
(11) The utility shall offer the customer the
opportunity to pay the deposit in installments as follows:
a. Except as otherwise negotiated pursuant to (11)b.
and (11)c. below, payment shall be in 3 monthly installments with the first
payment due upon demand, the second payment due within 30 calendar days, and
the final payment due within 60 calendar days, provided that:
1. The first payment shall be for no more than
the average monthly bill for utility service calculated as provided in En
1203.03(m)(1)b; and
2. The second and third payments shall be in
equal installments of the remainder due;
b. Nothing shall prohibit the utility from
negotiating payment of the deposit over a period longer than 3 months;
c. Nothing shall prohibit the customer from
negotiating payment of the deposit over a period shorter than 3 months; and
d. Payment of the deposit in installments shall
not relieve the customer of the obligation to pay the current bill in a timely
manner.
(n)
A utility shall not require a residential customer to make a deposit or
furnish a guarantee as a condition of new or continued service based upon
income, home ownership, residential location, race, color, creed, sex, gender
identity, sexual orientation, marital status, age, national origin, or
disability and shall make such requirement only in accordance with En 1203.03.
(o)
A customer may request a conference with the department staff within 7
calendar days from receipt of the utility's request for a deposit if the
customer is dissatisfied with a utility's request for deposit.
(p)
Service disconnections resulting from the enforcement of En 1203.03
shall be delayed pending department resolution of the customer's request for a
conference pursuant to (o) above.
(q)
As part of any deposit request, the utility shall inform the customer,
orally and in writing, of the customer's rights and responsibilities as
described in (o) above.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
En 1203.04 Meter Reading.
(a)
Utilities which use meters shall read all service meters at regular
intervals and on the corresponding day of each meter reading period insofar as
practicable within regularly scheduled work days.
(b)
Specific rules regarding meter readings for the utilities shall be found
in En 300 for electric utilities, En 500 for gas utilities, and En 600 for
water utilities.
En 1203.05 RESERVED.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
En 1203.06 Bill Forms.
(a)
Bills shall be rendered at regular intervals.
(b)
For utilities providing metered service, bills shall indicate at a
minimum:
(1) The date of the current meter reading;
(2) The current meter reading;
(3) The prior meter reading;
(4) Any applicable penalty date;
(5) The approximate date of the next meter
reading;
(6) All factors necessary to compute the charges;
(7) The charges;
(8) The utility's customer service phone number;
(9) A statement that customers should call the
utility regarding billing questions; and
(10) A statement that customers may call the department
for further assistance after first attempting to resolve disputes with the
utility, which statement shall include
the department’s toll-free telephone number.
(c)
For utilities providing non-metered service, bills shall indicate at a
minimum:
(1) The beginning and ending dates of the billing
period;
(2) Any applicable penalty date;
(3) The beginning and ending dates of the next
billing period;
(4) All factors
necessary to compute the charges;
(5) The charges;
(6) The utility's customer service phone number;
(7) A statement that customers should call the
utility regarding billing questions; and
(8) A statement that customers may call the department
for further assistance after first attempting to resolve disputes with the
utility, which statement shall include the department’s toll-free telephone
number.
(d)
Bills for residential and non-residential service customers shall
include one of the following:
(1) Summary of the current applicable rate; or
(2) Notice that a printed copy of the current
applicable rate shall be furnished upon request.
(e)
Bills shall be delivered:
(1) Via first class mail; or
(2) Via an electronic billing system when offered
by the utility and elected by the customer.
(f)
Each utility shall keep an accurate account of all charges for service
billed to each customer and shall maintain records showing information from
which each bill rendered may be readily computed.
(g)
Upon request of a customer, a utility shall provide the customer with a
clear and concise statement of the actual consumption of service by the
customer for each billing period during the prior year.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
En 1203.07 Payment Arrangements.
(a)
With the exception stated in (b) below, when a residential customer is
unable to pay the total arrearage due, the utility shall continue to provide
service to the customer if the customer agrees to a payment arrangement wherein
the customer shall:
(1) Pay a reasonable portion of the arrearage as
agreed to by the customer and the utility;
(2) Pay the balance of the arrearage in
reasonable installments as agreed to by the customer and the utility; and
(3) Pay the current bill and all future bills by
the due date printed on the bill.
(b)
When a residential customer is unable to pay the total arrearage due and
the utility has been notified that a medical emergency exists pursuant to En
1205, the utility shall continue to provide service to the customer if the
customer agrees to a payment arrangement wherein additional flexibility is
built into the payment arrangement, including but not limited to negotiating a
flat monthly payment, for application to both the arrearage and the customer's
current and future bills.
(c)
In deciding upon the reasonableness of a payment arrangement, the
customer and the utility shall consider the:
(1) Size of the arrearage;
(2) Estimated size of the customer's future
monthly bills;
(3) Customer's payment history;
(4) Amount of time that the arrearage has been
outstanding;
(5) Reasons why the arrearage is outstanding and
whether those reasons will or will not continue during the course of payment;
and
(6) Customer's ability to pay.
(d)
For an arrearage resulting from a non‑registering meter,
inaccurate meter, meter reading error, or a reconciliation between estimated
billings and actual usage, the payment arrangement shall extend for a minimum
period of time equal to the period of time for which the error is being re‑billed.
(e)
For billing adjustments due to specific meter inaccuracies, En 305.05, En
505.06, and En 605.05 shall apply.
(f)
The utility may require payment at shorter than monthly intervals if the
payment arrangements are made in lieu of disconnection or upon reconnection
without a deposit.
(g)
The utility shall confirm all payment arrangements in writing and issue
a copy to the customer by mail or by hand within 5 business days of the date
the arrangement is made.
(h)
Written confirmation, pursuant to (g) above, shall include a statement
that:
(1) Failure to comply with the payment
arrangement can result in disconnection;
(2) The customer can contact the department’s consumer
division if the customer disagrees with the confirmation; and
(3) Provides the toll-free telephone number for
the department’s consumer division.
(i)
The purpose of written confirmation as required by (g) above is to
assure the customer of an opportunity to review and verify the terms of the
payment arrangement.
(j)
The utility shall not disconnect any customer for failure to comply with
a payment arrangement which has not been timely confirmed in writing and
received by the customer. For purposes
of this section, receipt by the customer of a mailed confirmation shall be
presumed 3 calendar days subsequent to mailing, or the actual date of delivery
when known.
(k)
Written notice of disconnection resulting from failure to comply with a
payment arrangement shall be required if delivery of any previous disconnection
notice occurred more than 45 days prior to the proposed date of disconnection.
(l)
Notice required pursuant to (k) above shall be provided by U.S. Mail
with a postmarked date no less than 14 calendar days prior to the proposed date
of disconnection.
(m)
Unless otherwise required by (k) above, the utility may disconnect
without additional notice any customer for failure to comply with a properly
confirmed payment arrangement, except as limited by En 1204 and En 1205.
(n)
A customer may make payments pursuant to a properly confirmed payment
arrangement to an authorized agent of the utility.
(o)
At the conclusion of every payment arrangement negotiation, the utility
representative shall advise the customer that the customer may contact a member
of the department’s consumer division for review of the reasonableness of the
arrangement offered by the utility and provide the toll-free number for the department’s
consumer division.
(p)
After reviewing the information provided pursuant to (c) above, the department’s
consumer division shall waive the requirement of En 1203.07(a)(1), En
1203.07(a)(3), or both, where necessary given the customer’s financial
circumstances, the amount due, and the customer’s payment history with the
utility.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
En 1203.08 Penalties and Charges.
(a) Subject to the following requirements, a
utility may charge and collect a late payment charge for overdue bills of all
non-financial hardship customers:
(1) A late payment charge may be imposed only
after the due date printed on the bill;
(2) The date of payment to the utility's
authorized agent shall be considered the payment date for purposes of this
section; and
(3) A customer claiming financial hardship under
this section shall provide evidence of financial hardship to the utility on an
annual basis.
(b) A late payment charge on any overdue bill
shall not exceed the amount set forth in the utility's tariff approved by the
commission.
(c) When filing with the commission for approval
of a late payment charge, the utility shall, in addition to any commission
requirement, provide the department with:
(1) Aggregate carrying cost information;
(2) Aggregate administrative cost information;
and
(3) Other relevant information in the aggregate
or with respect to each customer class.
(d) A utility may impose a charge on a customer
account whenever a check or draft presented for payment of service is not
accepted by the institution on which it is written.
(e) The amount of the charge permitted by (d),
above, shall not exceed the charge as specified in the utility’s tariff.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
En 1203.09 Complaints by Customers.
(a)
Each utility shall make a full and prompt investigation of customer
complaints made either directly to the utility or through the department.
(b)
A utility shall keep a record of complaints received for at least 2
years.
(c)
The record of each complaint shall show:
(1) The name, address, and telephone number, if
known and available, of the complainant;
(2) The date and character of the complaint; and
(3) The resolution of the complaint, if any; and
(4) The resolution of the complaint by the department,
if any.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
En 1203.10 Termination of Service.
(a)
A utility may require a customer to provide reasonable notice of intent
to terminate service as follows:
(1) The period of the notice required by the
utility pursuant to (a) above shall be noted in the utility's tariff;
(2) The notice period required by the utility
shall not exceed 4 business days; and
(3) Until the later of the expiration of the
notice period or the requested service termination, the customer shall be
responsible for all charges incurred for service.
(b) A customer requesting service termination
shall make a reasonable effort to provide the utility with access to the meter.
(c)
If the customer is unable to provide the utility with access to the
meter, the utility shall send a written request for access to the meter to the
property owner, advising the property owner that failure to provide access to
the meter within 10 calendar days from the postmarked date of the request shall
result in the transfer of responsibility for the utility service to the
property owner.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
En 1203.11 Disconnection of Service.
(a)
This section shall not apply to sewer utilities. Regulation of disconnection of sewer service shall
be found in En 703.03.
(b)
Except as described in En 1203.07 (h), (i) and (j) or listed under (c)
below, a utility shall provide notice of disconnection that includes the
following information:
(1) For purposes of this section, notice of
disconnection to a residential or non‑residential customer shall consist
of written notice setting forth the information listed in (2) below, postmarked
14 calendar days prior to the proposed date of disconnection; and
(2) Notice of disconnection shall set forth in
clear, concise, and conspicuously printed words the following information:
a. The name and mailing address of the customer(s);
b. The service address, if different from the
mailing address;
c. The account number;
d. The proposed date of disconnection of
service;
e. A conspicuous statement that the notice of
disconnection may be disregarded if the customer has negotiated a current
payment arrangement pursuant to En 1203.07;
f. The reason for the disconnection of service;
g. The possible consequences of disconnection,
such as deposit requirement, reconnection fee, and any other similar
consequences;
h. The address and telephone number at which the
customer may contact the utility;
i. A statement that the customer may contact the
utility to discuss arrangements for payment;
j. The toll‑free telephone number of the department’s
consumer division;
k. The method by which the customer may question
or contest the disconnection notice, preceded in conspicuous type by the words
"Important Notice - Your Rights";
l. The statement or a statement substantively
consistent with the statement: "MEDICAL EMERGENCY-
If you are a residential customer and believe that a medical emergency exists
in your home or would exist if your service were to be disconnected, you may be
protected from disconnection. Please
contact us at [insert telephone number of the utility] for more information."; and
m. Any additional data which the utility deems
pertinent.
(c)
Notice to a residential or non-residential customer shall not be
required if the utility notifies the department of the disconnection within 48
hours of the disconnection and one of the following conditions exists:
(1) The customer has obtained utility service in
an unauthorized manner or used utility service fraudulently;
(2) The customer has clearly abandoned the
property as demonstrated by the fact that the service address premises have
been unoccupied and vacant for a period of 60 calendar days;
(3) There is a condition dangerous to the health,
safety, or utility service of others ; or
(4) There is a clear and present danger to life,
health, or physical property.
(d)
The requirements of (c) above shall not be limited by En 1204 and En
1205.
(e)
The requirements of (c) above shall not impose a duty on utilities to
know of any dangerous condition, or to ensure against any such condition.
(f)
The notification to the department required in (c) above shall not apply
where the disconnection has occurred at the request of state or municipal
officials such as fire, police, or other emergency response officials.
(g)
Except as limited by (h) below and En 1204 and En 1205, a utility may
disconnect service to a residential customer after notice if any one of the
following circumstances exists:
(1) When the customer has failed to pay an
arrearage after proper demand therefore;
(2) When the customer has failed to pay a deposit
request, establish a direct debit account, or provide an acceptable third-party
guarantee in lieu of the deposit pursuant to En 1203.03;
(3) When the customer has failed to pay the bill
and failed to enter into a payment arrangement for payment of the bill on or
before the due date printed on the bill; or
(4) When the customer refuses access to the
residential premises for a necessary inspection or replacement of utility
property, including but not limited to the reading of meters.
(h)
A utility shall not disconnect a residential customer's service and a
notice of disconnection shall not be sent to a residential customer if any of
the following conditions exist:
(1) The customer's arrearage is less than 60
calendar days outstanding and is less than $100;
(2) The unpaid bill results from service other
than utility service, such as merchandise, appliance sales, or repairs;
(3) A municipal welfare office has guaranteed
payment of the average monthly bill on behalf of the customer, pursuant to the
town's public welfare obligations under RSA 165, and the customer agrees to
enter into a reasonable arrangement for repayment of the amount in arrears
pursuant to En 1203.07; or
(4) The arrearage is for prior residential
service furnished in the name of someone other than the customer of record
unless:
a. The customer of record and the above-mentioned
person other than the customer of record resided together at the address where
the arrearage was incurred;
b. Both that person and the customer of record
received the benefit of the utility service;
c. Both that person and the customer of record
reside together at the current service address and receive the benefit of the
current utility service; and
d. The person other than the customer of record
refuses to enter into a payment arrangement subject to all the provisions of En
1203.07.
(i)
A utility may disconnect service to a non‑residential customer
after proper notice if any of the following conditions exist:
(1) The customer has failed to pay any arrearage
remaining unpaid after proper demand therefore;
(2) The customer has violated any tariff
provision;
(3) The customer has failed to pay a properly
requested deposit, establish a direct debit account, or provide an acceptable
third-party guarantee; or
(4) The customer refuses access to the premises
for a necessary inspection of utility property, including but not limited to
the reading of meters.
(j)
Unless special arrangements are made with the customer, a utility shall
only disconnect service to its residential customers from 8:00 am to 3:30 pm
Monday through Thursday.
(k)
The utility shall not disconnect service to its residential customers
during the time specified by (j) above if the proposed disconnection would
occur on:
(1) A state or federal holiday;
(2) The day preceding a state or federal holiday;
(3) A day the department is closed to the public;
or
(4) The day preceding a day the department is
closed to the public.
(l)
Unless special arrangements are made with the customer, a utility shall
only disconnect service to its non-residential customers from 8:00 am to 3:30
pm Monday through Friday.
(m)
The utility shall not disconnect service to its non-residential
customers during the time specified by (l) above if the proposed disconnection
would occur on:
(1) A state or federal holiday; or
(2) A day the department is closed to the public.
(n)
The utility shall have 8 business days from the date of the proposed
disconnect in which to implement the disconnection.
(o)
Except as limited in En 1205.05, before disconnection of residential
service, the utility employee disconnecting the service shall notify an adult residing
at the premises or leave a written notice if no adult is at the premises.
(p)
The notice provided under (o) above shall include the following
information:
(1) Procedures the customer must follow to be
reconnected;
(2) The address and telephone number at which the
customer may contact the utility; and
(3) The toll-free telephone number of the department’s
consumer division.
(q)
When the utility sends an employee to a residential customer's premises
for the purpose of disconnecting service and the customer tenders payment of
the past due amount in full to prevent disconnection, the employee shall act as
follows:
(1) The utility's employee shall accept the
payment, provide the customer with a receipt, and leave the service intact as
long as the following is true:
a. The employee shall know the full past due
amount to be paid to bring the customer's account current;
b. The employee shall not be required to make
change; and
c. The employee shall not be required to
negotiate payment arrangements; or
(2) Without disconnecting the customer's service,
the utility's employee shall direct the customer to go immediately to the
utility's nearest office or payment agency and tender payment there.
(r)
A utility may charge for collection of payment at the customer's
premises in accordance with the utility's tariffs on file with the commission.
(s)
The utility shall not be required to follow the procedures described in
(q) above more than 2 times in a 12-month period.
(t)
A utility may use a third party to conduct collection activities
provided:
(1) The third party complies with En 1200; and
(2) For all accounts other than terminated
accounts, the use of a third party is transparent to the customer.
(u)
The department shall impose a moratorium on disconnections of service
when there exists an imminent peril to the public's health, safety, or welfare.
(v)
Utilities shall maintain records showing the:
(1) Number of disconnection notices sent out
annually; and
(2) Annual number of and reasons for actual
disconnections.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
En 1203.12 Disconnection of Service in Residential
Tenant/Landlord Situations.
(a)
This section shall apply to:
(1) Utilities other than sewer utilities; and
(2) Situations where the landlord is the
utility's customer of record.
(b)
"Tenant," for purposes of this section, means a person who
rents and occupies a room in a rooming house or a person who rents and occupies
a dwelling unit, in a building or mobile home park owned by another, consisting
of contiguous living, sleeping, kitchen, and bathroom facilities for the
exclusive use of that person and the customer's household. “Tenant” specifically excludes a person who
rents a unit for short‑term, vacation, or recreation purposes.
(c)
Except in the circumstances listed under (e) below, no utility shall
disconnect service to a customer if any part of the service provided accrues to
the benefit of one or more parties known by the utility to be residential
tenant(s) as defined in (b) above, unless the utility gives written notice to
those tenants pursuant to (d) below.
(d)
Written notice of disconnection shall set forth:
(1) The date on or after which the utility
proposes to disconnect service;
(2) A statement that the reason for disconnection
is a dispute between the utility and the landlord;
(3) A statement that the tenant should contact
the landlord for more information regarding the dispute;
(4) A statement that the tenant has a right to
put service in his or her own name and thereby become the customer of record
pursuant to (h) below when the utility service benefits only that tenant;
(5) An address and telephone number at which the
tenant may contact the utility; and
(6) The toll-free telephone number of the department’s
consumer division.
(e)
A utility may disconnect service without giving notice to tenants in the
following circumstances:
(1) When necessary to avoid danger to life,
health, or property; and
(2) Upon the order of a duly constituted public
authority such as state municipal fire, police, or other emergency response
officials.
(f)
Immediately upon learning that a tenant has been erroneously
disconnected without notice, the utility shall reconnect service at no cost to
the tenant and shall proceed with proper notice pursuant to this section.
(g)
Delivery of written notice shall be made on the tenants at least 10
calendar days in advance of the proposed disconnection in the following manner:
(1) By posting a conspicuously lettered notice at
least 10 calendar days prior to the proposed date of disconnection in a common
area or such other place within the building or mobile home park as is likely
to receive the attention of the tenants; and
(2) In addition to (1) above, a utility shall
deliver written notice by one of the following methods:
a. Posting or hanging the notice on the front or
back door of each tenant's dwelling unit;
b. Sliding the notice under the front or back
door of each tenant's dwelling unit; or
c. By mail which is postmarked not less than 14
calendar days prior to the proposed date of disconnection and addressed to each
tenant by name or to the "occupant" of each affected dwelling unit.
(h)
The utility shall provide service to a tenant in the tenant's own name
as customer of record if so requested and if the meter provides utility service
to only that tenant, when known by the utility, subject to the terms and
requirements of the utility's tariff and this chapter, without requiring the
tenant to pay any part of the landlord's past due balance as a condition of
receiving service.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
En 1203.13 Reconnection of Service.
(a)
When the cause for a disconnection has been removed, the utility shall
reconnect service upon the customer's request.
(b)
When the cause of the disconnection is failure to pay an arrearage, the
utility shall reconnect service upon the customer’s request when:
(1) All the arrearages have been paid;
(2) The customer has agreed to enter into a
payment arrangement for the unpaid arrearage in accordance with En 1203.07; or
(3) The customer has provided evidence of an
agreement with a municipal welfare official, pursuant to RSA 165, or with
another social service agency, in accordance with En 1203.14, to pay an amount
equal to the average monthly bill and the customer has agreed to enter into a
payment arrangement for the unpaid arrearage in accordance with En 1203.07.
(c)
The utility shall endeavor to reconnect service during regular business
hours on the day of the request. When
the customer requests that service be reconnected at other than regular
business hours, the utility shall attempt to make the reconnection, provided,
however, that the utility shall be under no obligation to do so unless a
medical emergency exists.
(d)
The department shall order a utility to reconnect service during other
than regular business hours when it determines that:
(1) A medical emergency exists;
(2) Property damage would occur; or
(3) Other circumstances exist which involve
significant risk to health, safety, or property and which require immediate
reconnection.
(e)
A charge shall be made for reconnection of service in accordance with
tariffs on file. However, no charge
shall be made when the cause for disconnection was not in compliance with En
1203.11, En 1203.12, and En 1205 or when the department orders reconnection
pursuant to 1203.13(d).
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
En 1203.14 Social Service Assistance.
(a)
The utility shall provide the names and addresses of those social
service organizations in its franchise area, known to the utility as providing
possible assistance with the payment of utility bills, to its customers who are
experiencing difficulty in paying utility bills.
(b)
The utility shall make arrangements with social service organizations
that might provide assistance so that the utility will receive notice by
telephone or in writing, within 4 business days of a customer's application for
assistance, that the social service organization will agree to pay an amount
equal to the customer’s average bill.
(c)
The utility shall continue to provide utility service to the customer
for 10 calendar days following notification from the customer or social service
organization of a scheduled appointment for a review of the customer’s
eligibility for assistance with the payment of utility bills.
(d)
When a social service organization notifies the utility that the
organization has agreed to pay the current bill of the customer each month, the
utility shall treat the social service organization as the party responsible
for payment of bills.
(e)
The utility shall provide the customer with a monthly accounting of the
customer's billing and payment history during the period when the social
service organization is making payments.
(f)
Notice of disconnection shall not be sent to any customer receiving monthly
assistance with the payment of the customer's utility bill from a social
service organization unless the utility has determined that the customer's
assistance from the organization has been fully spent down or is no longer
available for payment of current utility bills.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
En 1203.15 Denial of Service.
(a)
If the relevant statute of limitations has not yet run, a utility may
deny new service to any applicant due to an outstanding arrearage with that
particular utility for prior service.
(b)
If the relevant statute of limitations has run, a utility may deny new
service to any applicant due to an outstanding arrearage with that particular
utility for prior service if the utility has pursued recovery of the debt
through the court system.
(c)
A utility shall not deny new residential utility service to any
applicant with whom either:
(1) A reasonable payment arrangement can be made
under En 1203.07; or
(2) The utility has a current payment arrangement
under En 1203.07.
(d)
In order to prevent the practice of name‑swapping, a utility may
deny new utility service to any applicant due to an outstanding arrearage with
that particular utility for prior service furnished in the name of a person
other than the applicant as follows:
(1) For residential service, the utility may deny
new utility service when the following statements are true about the applicant
and the above‑mentioned person other than the applicant in whose name
prior service was furnished:
a. They resided together at the address where
the arrearage was incurred;
b. They both received the benefit of the utility
service;
c. They both will benefit from the applied for
utility service; and
d. The applicant refuses to enter into a
reasonable payment arrangement pursuant to En 1203.07 for an outstanding
arrearage for which the applicant is responsible pursuant to this section; and
(2) For non-residential service, the utility may
deny new utility service when the following statements are true about the
applicant and the above-mentioned person other than the applicant in whose name
prior service was furnished:
a. They were principals of a business at the
address where the arrearage was incurred or the same
business continues to operate at that address and there is no evidence of a
change in majority ownership or effective control of that operating business;
b. They both received the benefit of the utility
service; and
c. They both will benefit from the applied for
utility service.
(e)
The utility shall provide the applicant described in (d)(1) with the
toll-free telephone number of the department’s consumer division if the
applicant disputes the transfer of responsibility for the outstanding
arrearage.
(f)
Utilities shall maintain records showing the annual number of and
reasons for denials of applications for service.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
En 1203.16 Disconnection Conferences.
(a)
Upon receipt of the notice of disconnection, a customer may request and
the utility shall grant a conference with the utility prior to the proposed
date of disconnection specified on the notice, as follows:
(1) A utility shall not be required to grant a
conference to a customer whose request for a conference is made on the proposed
disconnect date, although the utility may grant one;
(2) A customer whose request for a conference is
made either one or 2 days prior to the proposed disconnect date shall be
entitled to a conference no later than 3 business days after the request; and
(3) Service shall not be disconnected prior to
the latest of the following:
a. Five business days after the conference;
b. Five business days after the postmarked date
of the utility's written decision relating to the conference; or
c. The proposed date of disconnection specified
in the disconnect notice.
(b)
The conference requested shall consist of:
(1) A meeting between the customer and the
utility conducted by telephone;
(2) Discussions between the customer and the
utility relating to the disconnect notice; and
(3) An agreement that the utility shall notify
the customer of the utility's resolution to the dispute by a date certain.
(c)
The utility shall make a memorandum regarding the outcome of each
conference. Should a conference with the
department staff be requested, pursuant to (d) below, the utility shall forward
a copy of the conference memorandum to the department and to the customer.
(d)
During the conference, the utility shall inform the customer of the
customer's right to request a conference with the department staff if the
customer is dissatisfied with the outcome of the conference, pursuant to (e)
below.
(e)
A request for a conference with the department staff shall be made as
follows:
(1) The customer's request for a conference with
the department staff shall be made before the date of the proposed
disconnection or within 5 business days after issuance of the utility's
notification to the customer of the utility's resolution to the dispute as
described in (b)(3), whichever is later; and
(2) The customer's request shall be made to the department
in writing, in person, or by telephone.
(f)
Failure to request a conference with the department staff within 5
business days after issuance of the utility's notification of the utility's resolution
to the dispute shall result in implementation of the utility's decision
pursuant to the conference with the utility.
(g)
A conference with the department staff shall be scheduled at the
convenience of the customer during normal business hours but shall be held no
more than 15 business days following the date of the request.
(h)
A report of the outcome of the conference with the department staff shall
be prepared by the department staff and provided to all parties within 10
business days following the conference.
(i)
If a customer requests a conference with the department staff, the
utility shall continue service to the customer until such time as the department
staff determines whether the disconnection is justified pursuant to these
rules.
(j)
If the utility or the customer does not agree with the outcome of the
conference with the department staff, the party not in agreement may file a
formal complaint pursuant to RSA 365:1 with the commissioner of the department within
5 business days following receipt of the report in (h) above.
(k)
The utility shall not disconnect service for non-payment of any disputed
amounts until the customer has exhausted all remedies before the department.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
En 1203.17 Conference to Mediate Complaints Other
Than Disconnection Complaints.
(a)
A conference may be held between and among the customer, the utility,
and the department’s consumer division when prior discussion between and among
the aforementioned parties has failed to result in a satisfactory resolution of
the complaint.
(b)
A conference may be held at the request of the customer or the utility. Provided no violations of department rules or
the utility’s tariff exist or efforts to otherwise mediate the complaint are
not appropriate, the department's consumer division shall deny a request for a
conference made
by the customer or the utility.
(c)
The utility shall inform the customer of their right to request a
conference with the department staff.
(d)
A conference shall be scheduled at the convenience of the customer
during normal business hours but shall be held no more than 15 business days following
the date of the request.
(e)
A report of the outcome of the conference shall be prepared by department
staff and provided to all parties within 10 business days following the
conference.
(f)
If the utility or the customer does not agree with the outcome of the
conference, or with the consumer division’s determination denying a request for
a conference, that a conference shall not be granted, the party not in
agreement may file a formal complaint with the department pursuant to RSA 365:1.
(g)
The utility shall not disconnect service for non-payment of any disputed
amounts until the customer has exhausted all remedies before the department and,
where the commission has jurisdiction, the commission.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
En 1203.18 Transfer of Service.
(a)
Whenever a utility receives a request to change an account for service
from one customer to another or to add another name to an account, the
following shall apply:
(1) The utility shall give timely notice of such
change to the new customer; and
(2) The utility may require written confirmation
of the request from the new customer.
(b)
For the purposes of this section, timely notice means notice made to the
new customer within 5 business days of the utility's receipt of the request to
change an account for service from one customer to another.
(c)
Until timely notice is given pursuant to (a)(1) above, or until the new
customer has given confirmation pursuant to (a)(2) above, the original customer
of record shall remain liable for charges on the account.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
En 1203.19 Interruption of Service.
(a)
In the event of interruption of service, utilities shall re-establish
service within the shortest time practicable consistent with safety.
(b)
When service is interrupted because the utility must perform work on
mains, lines, or equipment, the utility shall perform the work at a time
causing minimum inconvenience to customers consistent with the circumstances.
(c)
Whenever practicable with reference to the planned work contemplated by
(b) above, utilities shall notify the following customers, where known, in
advance:
(1) Alarm services;
(2) Medical alert services;
(3) Emergency services;
(4) Medical emergency customers; and
(5) Other similarly situated customers who will
be seriously affected by the service interruption.
(d)
A utility may interrupt or curtail service or vary the characteristics
thereof in the following circumstances:
(1) When necessary to prevent injury to persons
or property;
(2) When requested by state and municipal fire,
police, or emergency response officials; and
(3) When necessary to effect a temporary load
reduction or temporary rationing of product for the common good of the utility
system.
(e)
Additional specificity regarding interruption of service shall be
contained in the following rules:
(1) Electric, En 300;
(2) Gas, En 500;
(3) Water, En 600; and
(4) Sewer, En 700.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
En 1203.20 Utility Reports.
(a)
Each electric or gas utility with more than 10,000 customers shall
submit electronically the following reports to the department’s consumer
division:
(1) Utility Disconnection Activity Report; and
(2) Utility Accounts Receivable Report.
(b)
Each utility shall file such reports on a monthly basis, no later than
30 calendar days following the last day of the month which is the subject of
the report.
(c)
The Utility Disconnection Activity Report shall include the following
information for residential customers:
(1) The title "Utility
Disconnection Activity Report";
(2) The name of the utility making the report;
(3) The month and year represented by the
information contained in the report;
(4) The number of business days for the month
representing the information contained in the report; and
(5) The following information for each billing
month:
a. The number of disconnection notices sent by
the utility with corresponding information regarding the following:
1. The total amount of the money owed on
accounts subject to the disconnection notice sent to customers; and
2. The total amount that is past due on such
accounts;
b. The total number of disconnections with
corresponding information regarding the following:
1. The total amount of money owed on the
accounts disconnected; and
2. The total amount that is past due on such
accounts; and
c. The total number of customers previously
disconnected whose service was restored with corresponding information
regarding the following:
1. The number restored the same day; and
2. The number restored the following day or
thereafter.
(d)
The Utility Accounts Receivable Report shall:
(1) Be filed with the department each month, no
later than 30 days following the last day of the month which is the subject of
the report; and
(2) Include the following information regarding
residential customers:
a. The title "Utility Accounts
Receivable Report" identified by the month and calendar year
applicable to the data in the report;
b. The name of the utility making the report;
c. Sales revenue for the applicable month and
year-to-date;
d. Sales by unit of measure for the applicable
month and year-to-date;
e. Number of bills for the applicable month and
year-to-date;
f. Average bill by dollar value and unit of
measure for the applicable month and year-to-date;
g. Gross write-offs for the applicable month and
year-to-date;
h. Net write-offs for the applicable month and
year-to-date;
i. Amounts of any previously written off
balances which were collected in the applicable month and year-to-date;
j. Late charge revenue billed for the applicable
month and year-to-date; and
k. Utility accounts receivable information aging
data, in dollar amounts, for the applicable billing month and year-to-date as
follows:
l. Current;
2. Thirty days in arrears;
3. Sixty days in arrears;
4. Ninety days in arrears;
5. Over 90 days in arrears; and
6. A total of items 1.-5. above.
(e)
The information required in (d)(2)k above shall also be provided for
residential terminated accounts.
(f)
For purposes of complying with (e) above, to the extent that a utility
cannot separate residential accounts from accounts other than residential
accounts, the utility shall report the combined information and note on its
report to the department that the information represents all customer accounts.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
PART
En 1204 WINTER RULES
En 1204.01 Applicability of Winter Rules. En 1204, Winter Rules, shall apply only to residential
customers of public utilities providing gas or electric service in the state of
New Hampshire excluding limited electrical energy producers as defined in RSA
362-A. The requirements of this section
shall be in addition to those disconnection provisions of En 1203.11 and En
1203.12. Where the circumstances
triggering the application of En 1204 and En 1205 occur concurrently, the provisions
of En 1205 shall govern.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
En 1204.02 Effect of Arrearages. Arrearages existing on customers’ bills prior
to the winter period shall not make a customer eligible for disconnection
during the winter unless the arrearages exceed, either singly or when added to
winter arrearages, the amount noted in 1204.03 below.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
En 1204.03 Protection from Disconnection.
(a)
An arrearage resulting from non-payment of bills for service rendered
during the winter and non-winter period shall exceed the following amounts
before a notice of disconnection for a primary residence can be sent:
(1) For gas non-heating customers, $125;
(2) For electric non-heating customers, $225; and
(3) For electric and gas heating customers, $450.
(b)
Notwithstanding (a) above, during the winter period utilities shall seek
department approval before disconnecting the service of residential customers
known to be 65 years or older.
(c)
No residential customer shall be disconnected during the winter period
for non-payment of a deposit or portion of deposit.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
En 1204.04 Payment Arrangements.
(a)
During the winter period, the requirements of En 1203.07 relative to
payment arrangements shall be replaced by the following:
(1) For non-financial hardship customers, the
payment arrangement shall include a promise to pay the current bill on or
before the due date and permit repayment of the arrearage in equal installments
over the winter period and the 6 months following the conclusion of the winter
period; and
(2) For financial hardship customers, unless
otherwise requested by the customer, the payment arrangement shall be as
follows:
a. For a period of 12 months, with monthly
payments equal to one twelfth of the total balance due plus one twelfth of the
projected future monthly bills for the 12-month period; or
b. For the duration of the winter period with
monthly payments equal to 10% of the monthly total balance due.
(b)
Notwithstanding the provisions of (a) above, no utility shall be
required to change the terms of existing payment arrangements to comply with
the provisions of (a) above unless so requested by the customer.
(c)
At the end of the winter period, customers having arrearages and who are
without an existing payment arrangement shall be provided an opportunity to
make a payment arrangement under En 1203.07 and the following requirements:
(1) The payment arrangement shall permit
repayment of the arrearage in equal installments over the 6 months following
the conclusion of the winter period; and
(2) The payment arrangement shall establish
arrearage payments which shall be in addition to payment of current bills.
(d)
Customers claiming financial hardship under this section shall provide
evidence of financial hardship to the utility on an annual basis.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
En 1204.05 Winter Period Notice of Disconnection.
(a)
In addition to the notice of disconnection required by En 1203.11 and En
1203.12, during the winter period notice shall be provided to an adult residing
at the affected residence in the following manner:
(1) In person or by telephone; and
(2) A minimum of 2 business days but no more than
8 business days prior to the date of the proposed disconnection.
(b)
If the utility is unable to notify an adult residing at the affected
residence pursuant to (a) above, the utility shall seek department approval
before disconnecting service.
(c)
When seeking department approval, pursuant to (b) above, the utility
shall inform the department of:
(1) Customer's age or estimate thereof;
(2) The number of children in the household under
the age of 5, if known;
(3) The number of household members over the age
of 65, if known;
(4) Amount of the customer's arrearage;
(5) Date and amount of the last 6 payments;
(6) Date and amount of the last 6 bills;
(7) The existence of any prior medical emergency
certifications for the customer or household members; and
(8) The existence and nature of any financial
hardship, if known.
(d)
The department shall not approve disconnection of service to customers
when the following conditions exist:
(1) The customer has financial hardship; and
(2) The customer has made a good faith effort to
make payments towards the utility bill.
(e)
Customers claiming financial hardship under this section shall provide
evidence of financial hardship to the utility on an annual basis.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
En 1204.06 Review of Pre-Winter Period Disconnections.
(a)
For each customer disconnected for non-payment from April 15 through
October 15 and whose account remains inactive as of November 1, the utility shall
send a letter via first class mail no later than November 7 to the last known
customer of record for that service address.
(b)
The letter shall include the following:
(1) The name of the customer or customers;
(2) The service address;
(3) A statement that the utility’s records show
the customer was disconnected for non-payment and the date on which the
disconnection occurred;
(4) A statement directing the customer to contact
the utility to arrange to have utility service restored;
(5) The utility’s toll free customer service
telephone number; and
(6) The toll free telephone number of the department’s
consumer division.
(c)
In addition to the letter described in (b) above, each electric or gas
utility shall place a notice on its website during the month of October which:
(1) Explains the reconnection policy for
financial hardship and medical emergency customers;
(2) Provides the utility’s toll free customer
service telephone number; and
(3) Provides the toll free telephone number of
the department’s consumer division.
(d)
Customers who contact the utility shall be offered a payment arrangement:
(1) That is compliant with En 1204.04 (a); and
(2) Under which 10% of the outstanding balance
shall be sufficient to restore service when the customer provides evidence that
a financial hardship exists.
(e)
The utility shall provide the names, addresses, and telephone numbers of
social service agencies in the customer’s vicinity known to the utility as
providing possible assistance with the payment of utility bills to customers
who contact the utility and are unable to make the minimum payment.
(f)
When a customer indicates that a household member has a medical
emergency as defined in En 1202.12, the utility shall inform the customer of their
rights as detailed in En 1205 and
service will be restored upon:
(1) The oral notification of the existence of a medical
emergency pursuant to 1205.02 (d); and
(2) Establishment of a payment arrangement in
accordance with En 1203.07.
(g)
Annually, the utility shall submit a report to the department no later
than December 10 summarizing:
(1) The number of letters mailed; and
(2) The number of customers whose service was
restored.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
PART
En 1205 MEDICAL EMERGENCY RULES
En 1205.01 Applicability of
Medical Emergency Rules.
The provisions of En 1205 shall apply to service provided to residential
customers at their primary residences by electric, gas, and water
utilities. For the purposes of this
section, the primary residence for a minor child with a medical emergency
certification shall include the primary residences of any parent or guardian
with shared residential responsibility. The
requirements of this section shall be in addition to those requirements of En
1203.11 and En 1203.12. When the
circumstances triggering the application of En 1204 and En 1205 occur
concurrently, the provisions of En 1205 shall govern. Medical emergency rules pertaining to
service provided by telephone utilities to residential customers shall be found
in En 410.04.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
En 1205.02 Medical Emergency Certification.
(a)
Provision of a medical emergency certification, in conjunction with a
payment arrangement for any past due balances in accordance with En 1203.07,
shall be sufficient to protect a customer’s account from disconnection of
service so long as the customer complies with the terms of the payment
arrangement and follows the requirements for renewal of the certification upon
its expiration, as set forth in En 1205.02(f).
(b) A medical emergency certification shall be
valid for the period of time designated by the licensed physician, licensed
advanced practice registered nurse, or licensed physician’s assistant, or
mental health practitioner as defined in RSA 330-A:2, VII, provided the
certification is for no less than 90 days and no more than one year.
(c)
There is no limit on the number of times a medical emergency
certification may be renewed consistent with (b) above.
(d)
Oral notification of the existence of a physical or mental health
condition which would become a danger to the physical or mental health of the
customer or household member may be provided to the utility by the customer and
shall be sufficient to protect a customer’s account from disconnection of
service provided:
(1) Certification as described in (e) below from
a physician, advanced practice registered nurse, physician’s assistant, or
mental health practitioner is received within 15 calendar days; and
(2) Any prior oral notification made within the
past 12 months has been documented through certification as described in (e)
below.
(e)
Certification of a medical emergency by a physician, advanced practice
registered nurse, physician’s assistant, or mental health practitioner shall:
(1) Contain a statement to the effect that the
customer or identified member of the customer’s household has a physical or
mental health condition which would become a danger to the customer’s or
household member’s physical or mental health should the utility service be
disconnected;
(2) Be in writing, which includes any electronic
communication, or be made by telephone with written or electronic confirmation
received by the utility within 15 calendar days of the telephoned
certification;
(3) Contain licensing information for the
physician, advanced practice registered nurse, physician’s assistant or mental
health practitioner; and
(4) Indicate the medical necessity for and use of
any life support equipment by the customer or identified member of the
customer’s household.
(f)
All renewals of medical emergency certifications shall comply with (b)
and (e) above.
(g)
The medical emergency certification may be made through the completion
of a form provided by the utility or another written or electronic format
provided such other format complies with the provisions of (e) above.
(h)
Upon being notified of the existence of a medical emergency in
accordance with (d) or (e) above, the utility shall inform the customer in
writing of the following:
(1) The customer’s continuing obligation to pay
for services;
(2) The requirement to enter into and comply with
a payment arrangement consistent with En 1203.07 as a condition of the medical
emergency certification;
(3) That failure to comply with any payment
arrangement entered into with the utility will result in disconnection of
service;
(4) The option to designate a third-party contact
for communications with the utility regarding billing and other matters related
to the customer’s account;
(5) The customer’s responsibility to renew any
medical emergency certification on a timely basis to ensure continued service;
and
(6) The need for the customer to plan for power
outages that might occur.
(i)
If certification of a medical emergency has not been provided within 15
days of receipt of oral notice from a customer or the physician, advanced
practice registered nurse, physician’s assistant, or mental health practitioner
that a medical emergency would exist if utility service were disconnected, the
utility shall send a reminder notice to the customer advising that such
certification must be received within 15 days of the date of the reminder or
disconnection will occur on a specified date at least 16 days from the date of
the reminder notice.
(j)
Provided the reminder notice described in (i) above contains the
information required in En 1203.11(b)(2), the utility shall not be required to
send a separate notice of disconnection.
(k)
If the utility does not receive written or electronic certification of
the medical emergency within the time period in (i) above, the utility may
disconnect service in accordance with En 1203.11.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
En 1205.03 Disconnections of Service to Medical
Emergency Customers.
(a)
A utility shall not disconnect service to a customer who has provided
current verification of a medical emergency and is complying with a payment
arrangement.
(b)
If a customer does not enter into a payment arrangement or does not
comply with the terms of a payment arrangement negotiated in accordance with En
1203.07, the utility may seek permission to disconnect service to the customer.
(c)
When requesting permission from the department to disconnect service,
the utility shall provide the department with the following information:
(1) The name of the customer or customers:
(2) The service address;
(3) The mailing address if different from the
service address;
(4) The customer’s account number;
(5) The requested date for disconnection;
(6) The history of the medical emergency
certifications on the account;
(7) The amount of the arrearage;
(8) The amounts and dates of the last 12 payments
received by the utility;
(9) The amount of the utility’s proposed payment
arrangement;
(10) The last 12 months of billing history;
(11) Summary of collection activities on the
account;
(12) The number of children in the household under
the age of 5, if known;
(13) The number of household members over the age
of 65, if known;
(14) The existence and nature of any financial
hardship, if known, as documented on an annual basis by the customer claiming
financial hardship; and
(15) Any other information the utility deems
pertinent.
(d)
When the utility seeks department authorization to disconnect service
pursuant to this section, it shall notify the customer in writing of its
request and provide a copy of the request for authorization at the same time.
(e)
Notwithstanding any other rule to the contrary, the department shall not
approve disconnection of service to customers with a current medical emergency
certification when the customer has made a good faith effort to make payments
towards the utility bill.
(f)
The department shall provide an opportunity for the customer to respond
to the utility’s request to disconnect service under this section.
(g)
The department’s decision on a utility’s request to disconnect under
this rule shall be:
(1) Valid through November 15 of the year in which
it was issued; and
(2) Issued in writing and sent to the utility and
the customer.
(h)
Upon the department's approval of the utility's request to disconnect
service, the utility shall provide notice to the customer as required in En
1203.11 prior to disconnecting service.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
En 1205.04 Expiration of Medical Emergency
Certification.
(a)
Thirty days prior to the expiration of the medical emergency
certification, the utility shall send a reminder notice to the customer
advising that, if a medical emergency still exists, the certification of a medical
emergency must be renewed. The notice
shall include the date by which the certification must be renewed.
(b)
Upon the expiration of a medical emergency certification, the utility
shall notify the customer that the medical emergency certification has expired
and the customer’s account will no longer be medically protected. Such notice shall also indicate the balance
due, if any.
(c)
Following the expiration of a medical emergency certification on an
account where the utility has submitted a request for permission to disconnect
service, the utility shall not undertake any disconnection activity until such
time as the request has been withdrawn from the department.
(d)
Notice provided in (b) above shall include a statement directing the
customer to contact the utility immediately if the previously certified medical
condition continues to exist.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
En 1205.05 Disconnection of Service to Customers with
Expired Medical Emergency Certifications.
(a)
The utility shall be required to follow the steps set forth in En
1205.05 (b) through (i) one time within the 9-month period following the
expiration of the medical emergency certification.
(b)
The issuance of any notice of disconnection shall be done in accordance
with En 1203.11(g) and content of the notice shall comply with the provisions
of En 1203.11(b).
(c)
The notice of disconnection shall provide contact information for both
the utility and the department’s consumer division.
(d)
No less than 2 calendar days but no more than 8 calendar days prior to
the date of the proposed disconnection of service, personal contact shall be
made with the customer or an adult residing at the premises. The contact may be made by telephone or in
person.
(e)
If no personal contact is made as described in (d) above, no
disconnection shall occur unless the utility complies with (f) and (i) below.
(f) The utility may proceed with a field visit on
or after the disconnection date stated in the disconnection notice as follows:
(1) If an adult resident of the premises is not
at home, the utility shall leave a notice in a conspicuous location at the
premises and shall leave the premises without disconnecting the service; or
(2) If an adult resident of the premises is at
home, the utility shall ask if the medical emergency still exists and inform
the adult resident of the process for providing a certification of medical
emergency as described in En 1205.02 (b) and (d). If no medical emergency exists, the utility
may proceed with the service disconnection in accordance with En 1203.11.
(g)
The notice required in (f)(1) above shall advise the customer;
(1) The medical emergency certification on the
customer’s account has expired;
(2) There is an unpaid past due balance on the
account;
(3) The utility was at the premises that day to
disconnect the utility service;
(4) To contact the utility to make arrangement
for payment; and
(5) The utility will return the following week to
disconnect service unless the customer contacts the utility.
(h)
For the purposes of this section, the 8 business day limitation
established in En 1203.11(m) shall begin upon the provision of notice pursuant
to (f)(1) above.
(i)
Prior to disconnecting the service of a customer with whom no personal
contact was made, a supervisor at the utility shall review the account.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
En 1205.06 Reporting Requirements.
(a)
Each utility shall provide an annual report to the department containing:
(1) The total number of customers with medical
emergency certifications on June 30;
(2) The total amount due and the total amount
past due as of June 30 for those customers with medical emergency
certifications;
(3) The monthly average number of customers with
medical emergency certifications for the period July 1 through June 30;
(4) The monthly average balance due and past due
for the period July 1 through June 30;
(5) The percent of medical emergency customers
with past due balances as of June 30;
(6) The number of accounts with current medical
emergency certifications that were disconnected during the period July 1
through June 30 and the past due balances associated with those accounts;
(7) The number of accounts with expired medical
emergency certifications that were disconnected in accordance with En 1205.04
during the period July 1 through June 30 and the past due balances associated
with those accounts; and
(8) The number of customers with current medical
emergency certifications who were disconnected in error along with an
explanation of why the account was erroneously disconnected.
(b)
The report required in (a) above shall be submitted to the department no
later than August 15 of each year.
(c)
A copy of the report required in (a) shall be provided to the office of
the consumer advocate.
Source. #13986, eff 5-30-24 (see Revision Note at
chapter heading for En 1200)
APPENDIX
|
RULE NUMBER |
STATUTE IMPLEMENTED |
|
En
1201 – En 1202 |
RSA 12-P:5, IV; RSA 363-B |
|
En
1203.01 – En 1203.04 |
RSA 12-P:5, IV |
|
En
1203.05 – En 1203.07 |
RSA 12-P:5, IV; RSA 363-B |
|
En
1203 08 – En 1203.09 |
RSA 12-P:5, IV; RSA 365:1
& 2 |
|
En
1203.10 – En 1204.06 |
RSA 12-P:5, IV; RSA
363-B:1 & 2 |
|
En 1205 |
RSA 12-P:5, IV; RSA 363-B |