Arizona Administrative Code › Title 14 - PUBLIC SERVICE CORPORATIONS; CORPORATIONS AND ASSOCIATIONS; SECURITIES REGULATION › Chapter 2 - CORPORATION COMMISSION - FIXED UTILITIES › Article 2 - ELECTRIC UTILITIES › Section R14-2-211 - Termination of Service

Current through Register Vol. 30, No. 28, July 12, 2024
A. Restrictions
				on termination of service; recordkeeping and repayment requirements
1. A utility shall not terminate service to a
				customer due to delinquency in payment for services rendered to a prior
				customer at the service address where service is being provided, unless the
				prior customer continues to reside at the service address.
2. A utility shall not terminate service to a
				customer due to the customer's failure to pay for services or equipment that
				are not regulated by the Commission.
3. A utility shall not terminate service to a
				customer due to the customer's nonpayment of a bill related to another class of
				service.
4. A utility shall not
				terminate service to a customer due to the customer's failure to pay the
				portion of a bill imposed to correct a previous underbilling due to an
				inaccurate meter or meter failure, provided that the customer agrees to pay the
				portion of the bill attributable to correction of underbilling in full over a
				period of months agreed to by the customer and the utility. A utility shall
				comply with
				R14-2-209(C)(3)
				and
				R14-2-210(E)(3)
				when calculating the underbilling amount to be paid.
5. A utility shall not terminate residential
				service to a customer who has an inability to pay if the customer establishes,
				on an annual basis, through documentation from a licensed medical practitioner:
a. That, in the opinion of the licensed
				medical practitioner, termination would be especially dangerous to the health
				of the customer or a permanent resident residing at the customer's service
				address, or
b. That there is
				medically necessary equipment used in the home that is dependent on utility
				service for operation.
.
6. A utility shall not terminate residential
				service to a customer who has an inability to pay until the utility has
				complied with subsection (D) and completed all of the following:
a. The utility has informed the customer of
				the availability of funds from various government and social assistance
				agencies and provided the customer the contact information for those
				agencies;
b. If a third party has
				been previously designated by the customer to receive delinquency and
				termination information, the utility has notified the third party that the
				customer's bill is delinquent and allowed the third party at least five
				business days to communicate with the utility and to make arrangements for
				payment of the delinquent utility bill;
c. At least 48 hours before the date upon
				which termination is scheduled to occur, the utility has:
i. Provided at least two written notices of
				the termination, using the customer's preferred method of communication, to the
				customer and, if applicable, the customer's designated third party;
				and
ii. Telephoned the customer
				and, if applicable, the customer's designated third party to provide notice of
				the termination by attempting to speak to the customer, the customer's
				designated third party, or an adult resident of the customer's service address;
				or by attempting to leave a voice message.
d. A utility may partner with local
				stakeholders; nonprofits; public health agencies at the state, county, and
				local level; and local community service agencies to provide in-person notice
				of termination;
e. A utility shall
				keep pace with technological advancements in communication and augment the
				requirements of this subsection to utilize the most effective means of
				informing the customer of delinquency and termination; and
f. Beginning on April 15, 2022, and on each
				April 15 thereafter, each regulated Class A, B, and C electric utility that
				provides residential electric service shall file a report containing the
				utility's policy for compliance with subsection (A)(6).
7. If a customer, the customer's designated
				third party, or an adult resident of the customer's service address threatens
				the utility or a utility employee, the utility shall document the threatening
				occurrence. A utility shall maintain documentation of all threatening
				occurrences related to a customer's account for the entire period during which
				the customer continues to be a customer and for at least one year after the
				customer ceases to be a customer.
8. A utility shall retain the records
				demonstrating its compliance with subsection (A)(6) for at least three
				years.
9. A utility may require a customer whose service is
				not terminated due to subsection (A)(4) or (A)(5) to enter into a deferred
				payment agreement with the utility within seven business days after the date on
				which service otherwise would have been terminated. A utility shall allow at
				least a single missed payment or a single partial payment in a 12-month period
				at the request of the customer without any consequence. If there is more than
				one missed or partial payment, the payment plan agreement will be considered as
				breached. If the payment plan is in breach, the current payment plan may be
				amended, or a new payment plan may be created. Both the utility and the
				customer have a duty to act in good faith in negotiating a payment
				plan.
10. A utility shall not terminate service due to a
				customer's failure to pay the disputed portion of a bill if the customer has
				complied with
				R14-2-212(B).
11. A utility shall adopt only one of the
				following conditions under which it shall not terminate residential service:
a. During any period of time for which the
				local weather forecast, as predicted by the National Weather Service, indicates
				that the weather in the area of the customer's service address:
i. Will include temperatures that do not
				exceed 32° F;
ii. Will include
				temperatures that exceed 95° F; or
iii. Will include other weather conditions
				that the Commission has determined, by order, are especially dangerous to
				health; or
b. During the
				calendar days of June 1 through October 15 of each year, which shall be
				specified as non-termination dates in a utility's tariffs.
12. A utility shall specify, in its tariffs,
				the provision of subsection (A)(11) that the utility has chosen to comply with
				and shall comply with the provision.
13. If a utility is prohibited from
				terminating a customer's service under subsection (A)(11)(b) as adopted in its
				tariff, the utility shall:
a. Notify the
				customer, using the customer's preferred method of communication, and, if
				applicable, the customer's designated third party, of:
i. The reason the utility is not permitted to
				disconnect service,
ii. The
				expected date on which termination of service will be permissible,
				and
iii. The customer's
				responsibilities under subsection (H);
b. Not charge the customer any late fees or
				assess any interest on any past due amounts that accrue during a period when
				subsection (A)(11)(b) applies; and
c. After subsection (A)(11)(b) no longer
				applies, bill the customer for the past due amounts through installments over a
				period of months agreed to by the customer and the utility.
14. A utility shall not terminate
				residential service to a customer unless the utility's call center and office
				or business facilities are open and available to the public on the day of
				termination and the day following the day of termination.
15. A utility shall not terminate residential
				service to a customer if the customer has paid at least half of the customer's
				delinquent bill balance within the last 25 days or if the customer's delinquent
				bill balance is less than or equal to $300.00.
16. If a customer has a deposit with the
				utility, the utility shall use the deposit to pay any delinquent amount on the
				customer's account before terminating service and shall allow the customer time
				to reestablish the deposit in installments over a period of at least six
				months.
17. Beginning on April 15,
				2022, and on each April 15 thereafter, each regulated Class A, B, and C
				electric utility that provides residential electric service shall file a report
				containing the utility's payment plan policy for residential
				customers.