Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 4240 - Public Service Commission › Chapter 13 - Service and Billing Practices for Residential Customers of Electric, Gas, Sewer, and Water Utilities › Section 20 CSR 4240-13.035 - Denial of Service

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes conditions under which
				  utilities may refuse to commence service to an applicant for residential
				  service and establishes procedures to be followed by utilities to insure
				  reasonable and uniform standards exist for denial of service. This rule also
				  protects an applicant(s) at the time of their application, from being required
				  to pay for the bills incurred by other individuals for service from which the
				  applicant(s) did not receive substantial benefit.
(1) When the utility refuses to provide
				service to an applicant, it shall inform the applicant in writing, and shall
				maintain a record of the written notice. A utility may refuse to commence
				service to an applicant for any of the following reasons:
(A) Failure to pay a delinquent utility
				charge for services provided by that utility or by its regulated affiliate that
				is not subject to dispute under applicable dispute review provisions of
				4 CSR
				240-13.045. Outside of the Cold Weather Rule period,
				if the utility asserts that a dispute is frivolous, it may defer commencing
				service until a decision is rendered under
				4 CSR
				240-13.045(4).
(B) Failure to post a required deposit or
				guarantee in accordance with
				4 CSR
				240-13.030 or the utility's tariffs;
(C) Refusal or failure to permit inspection,
				maintenance, replacement, or meter reading of utility equipment. If the
				applicant does not provide access to the utility for such purposes, the utility
				shall provide notice to the applicant regarding its need for inspection,
				maintenance, replacement, or meter reading of utility equipment and shall
				maintain an accurate record of the notice provided.
1. The notice shall include one (1) of the
				following:
A. Written notice by first class
				mail sent to the applicant; or
B.
				Written notice delivered in hand to the applicant; or
C. At least two (2) telephone call attempts
				reasonably calculated to reach the applicant;
D. Written notification regarding refusal to
				provide service.
2. The
				notice or information provided shall contain the following information:
A. The name and address of the applicant and
				the address where service is being requested;
B. How the applicant may comply with the
				requirements to have service connected;
C. A telephone number the applicant may call
				from the service location without incurring toll charges and the address of the
				utility prominently displayed where the applicant may make an
				inquiry;
D. A statement in Spanish
				either-
(I) Advising the applicant that if
				they do not read English, to ask someone who does to translate the notice for
				them; or
(II) Advising the
				applicant to call the utility for assistance if the utility provides telephone
				assistance in Spanish;
E. If the applicant is unable to resolve the
				matter satisfactorily with the utility, they may contact the Public Service
				Commission;
(D) Misrepresentation of identity;
(E) Violation of any other rules of the
				utility's commission-approved tariffs, which adversely affects the safety of
				the applicant, or other persons, or the integrity of the utility's
				system;
(F) As provided by state or
				federal law;
(G) Failure of a
				previous owner or occupant of the premises to pay delinquent utility charges
				where the previous owner or occupant remains an occupant;
(H) Failure to comply with the terms of a
				settlement agreement; or
(I)
				Unauthorized use, interference, or diversion of the utility's service by the
				applicant, or by a previous owner or occupant who remains an
				occupant.