Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.14 - Termination of Gas and Electric Service › Rule 38.5.1411 - MEDICAL EXCEPTIONS

Current through Register Vol. 13, July 5, 2024
(1) Except as
				provided herein, service may not be terminated to a residence where a licensed
				health care professional certifies to the utility that the absence of service
				will aggravate an existing medical condition which would threaten the health of
				any permanent resident. A licensed health care professional means a licensed
				physician, physician assistant-certified, advanced practice registered nurse,
				or registered nurse provided for in ARM
				37.106.2805 and Title 37, MCA. All
				certifications must be in writing and provide the name and address of the
				person with the medical condition that would be aggravated by a termination of
				service. The certification must include the printed name, signature, office
				address, and telephone number of the certifying licensed health care
				professional. A medical condition certificate is valid for 180 days from the
				date it is signed and dated by the licensed health care professional, and may
				be renewed on a semiannual basis.
(2) To avoid the accumulation of a
				substantial arrearage during the term of the medical certificate, the utility
				and the customer, or an authorized representative of the customer, shall
				negotiate an equitable payment arrangement that is reasonable and consistent
				with the customer's ability to pay. If the customer fails to make payments as
				established, resulting in an arrearage of $500 or more, the customer is
				required to enter into and comply with a monthly payment arrangement equal to
				the average of the last 12 months billing plus 1/12 of the arrearage. Failure
				to enter into a monthly payment arrangement and make payments will result in
				disconnection proceedings being initiated as set out in (3).
(3) The utility must provide written notice
				of the initiation of disconnection proceedings to the customer. If the missed
				payments are not received within ten days of mailing, the utility must send a
				second notice. From the date of the second notice the customer must pay at
				least one-third of the delinquent charges to avoid termination of service. The
				second notice must be sent by the utility at least ten days prior to the date
				of the proposed termination. All written notices must be sent by first class or
				certified mail. Prior to termination of service the utility must make a
				diligent attempt to contact the customer, either in person or by telephone, to
				apprise the customer of the proposed action. If telephone or personal contact
				is not made, the utility employee shall leave notice in a place conspicuous to
				the customer that service will be terminated on the next business day. If the
				required payment is made, a new payment arrangement will be recalculated
				consistent with (2). Under no circumstances shall disconnection proceedings
				occur on accounts with an arrearage of less than $500. Nothing in this rule
				prevents a utility from continuing service to a delinquent medically protected
				account.
(4) The utility must
				notify the commission in writing of the proposed termination at the beginning
				of the disconnection process. The commission may intervene and require a
				different payment arrangement or delay termination of services if the
				circumstances warrant. Before the commission will consider approving an
				alternate payment arrangement, the customer must apply, if eligible, for
				financial aid through organizations providing utility bill payment assistance
				and must respond to commission requests for information. The payment
				arrangement set by the commission is binding upon both the customer and the
				utility. Failure to comply with the payment arrangement may result in
				disconnection proceedings being initiated as set out in (3).
(5) From November 1 through March 31, the
				utility may not terminate a medical exception account protected from
				disconnection by the criteria established in ARM
				38.5.1410.
69-3-103,
					 MCA; IMP,
					 69-3-102,
					 MCA;