Florida Administrative Code › 25 - PUBLIC SERVICE COMMISSION › 25 - Departmental › Chapter 25-6 - ELECTRIC SERVICE BY ELECTRIC PUBLIC UTILITIES › Part VI - CUSTOMER RELATIONS › Section 25-6.105 - Refusal or Discontinuance of Service by Utility

Current through Reg. 50, No. 138; July 16, 2024
(1) Until adequate facilities can be
				  provided, each utility may refuse to serve an applicant if, in the best
				  judgment of the utility, it does not have adequate facilities to render the
				  service applied for.
(2) Each
				  utility may refuse to serve any person whose service requirements or equipment
				  is of a character that is likely to affect unfavorably service to other
				  customers.
(3) Each utility may
				  refuse to render any service other than that character of service which is
				  normally furnished, unless such service is readily available.
(4) Each utility shall not be required to
				  furnish service under conditions requiring operation in parallel with
				  generating equipment connected to the customer's system if, in the opinion of
				  the utility, such operation is hazardous or may interfere with its own
				  operations or service to other customers or with service furnished by others.
				  Each utility may specify requirements as to connection and operation as a
				  condition of rendering service under such circumstances.
(5) 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 (7), 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
				  paragraph (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 electric
				  service.
(b) For failure or refusal
				  of the customer to correct any deficiencies or defects in his wiring or
				  equipment which are reported to him by the utility.
(c) For the use of energy 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 regulation, provided that written notice, separate and apart from any
				  bill for service, be given the customer.
(f) For neglect or refusal to provide safe
				  and 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 non-payment of
				  bills or non-compliance with the utility's rules and regulations, and only
				  after there has been a diligent attempt to have the customer comply, including
				  at least 5 working days' written notice to the customer, such notice being
				  separate and apart from any bill for service, provided that those customers who
				  so desire may designate a third party in the company's service area to receive
				  a copy of such delinquent notice. 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. 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 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 may, before restoring service, require
				  the customer to make at his own expense all changes in facilities or equipment
				  necessary to eliminate illegal use and to pay an amount reasonably estimated as
				  the loss in revenue resulting from such fraudulent use.