Florida Administrative Code › 25 - PUBLIC SERVICE COMMISSION › 25 - Departmental › Chapter 25-7 - GAS SERVICE BY GAS PUBLIC UTILITIES › Part V - CUSTOMER RELATIONS › Section 25-7.089 - Refusal or Discontinuance of Service by Utility

Current through Reg. 50, No. 138; July 16, 2024
(1) Until adequate facilities can be provided
				  a utility may refuse to serve an applicant if, in the best judgment of the
				  utility, it does not have adequate facilities or supply of gas to render the
				  service applied for, or if the service is of a character that is likely to
				  affect unfavorably service to other customer.
(2) If the utility refuses service for any
				  reason specified in this subsection, the utility shall notify the applicant for
				  service as soon as practicable, pursuant to subsection (5), of the reason for
				  refusal of service. If the utility will discontinue service, the utility shall
				  notify the customer at least 5 working days prior to discontinuance that
				  service will cease unless the deficiency is corrected in compliance with the
				  utility's regulations, resolved through mutual agreement, or successfully
				  disputed by the customer. The 5-day notice provision does not apply to
				  paragraphs (h), (i) or (j). In all instances involving refusal or
				  discontinuance of service the utility shall advise in its notice that persons
				  dissatisfied with the utility's decision to refuse or discontinue service may
				  register their complaint with the utility's customer relations personnel and to
				  the Florida Public Service Commission at 1-800-342-3552 which is a toll free
				  number. As applicable, each utility may refuse or discontinue service under the
				  following conditions:
(a) For non-compliance
				  with or violation of any State or municipal law or regulation governing gas
				  service.
(b) For failure or refusal
				  of the customer to correct any deficiencies or defects in his piping or
				  appliances which are reported to him by the utility.
(c) For the use of gas for any other property
				  or purpose than that described in the application.
(d) For failure or refusal to provide
				  adequate space for the meter and service equipment of the utility.
(e) For failure or refusal to provide the
				  utility with a deposit to insure payment of bills in accordance with the
				  utility's regulations provided that written notice, separate and apart from any
				  bill for service, be given the customer.
(f) For neglect or refusal to provide
				  reasonable access to the utility for the purpose of reading meters or
				  inspection and maintenance of equipment owned by the utility provided that
				  written notice, separate and apart from any bill for service, be given the
				  customer.
(g) For nonpayment of
				  bills or noncompliance with the utility's rules and regulations, and only after
				  there has been a diligent attempt to have the customer comply, including 5
				  working days' written notice to the customer, such notice being separate and
				  apart from any bill for service. For purposes of this subsection, "working day"
				  means any day on which the utility's business office is open and the U.S. Mail
				  is delivered. Upon request of the customer, the utility shall give a copy of
				  the notice of discontinuance to a designated third party in the service area of
				  the utility. A utility shall not, however, refuse or discontinue service for
				  nonpayment of a dishonored check service charge imposed by the
				  utility.
(h) Without notice in the
				  event of a condition known to the utility to be hazardous.
(i) Without notice in the event of tampering
				  with regulators, valves, meters or other facilities furnished and owned by the
				  utility.
(j) Without notice in the
				  event of unauthorized or fraudulent use of service. Whenever service is
				  discontinued for fraudulent use of service, the utility, before restoring
				  service, may require the customer to make at his own expense all changes in
				  piping or equipment necessary to eliminate illegal use and to pay an amount
				  reasonably estimated as the deficiency in revenue resulting from such
				  fraudulent use.