16 TAC §25.50
The Public Utility Commission of Texas (commission) adopts
on an emergency basis new §25.50, relating to Suspension of Disconnection
of Electric Power Service During the Summer of 2000 Heat Emergency. Section
25.50 prohibits the disconnection of electric service for residential customers
during the heat emergency, requires utilities and owners of master- metered
or submetered residential facilities to offer deferred payment plans to assist
residential customers in managing their unusually high electric bills caused
by the extreme heat, and requires utilities to provide notice of the rule
to social service agencies within their service territories that provide low
income energy assistance. This section is being adopted under Project Number
22869.
This section prohibits the disconnection of electric service for unpaid
past due electric bills during the period August 10, 2000 through September
30, 2000, unless the customer in arrears has failed to enter into a deferred
payment plan pursuant to subsection (c) of this section. This section does
not affect a customer's ability to arrange a deferred payment plan pursuant
to §25.28(i) of this title (relating to Bill Payment and Adjustments).
The commission encourages customers and electric utilities to continue to
work together to develop mutually agreeable deferred payment plans pursuant
to §25.28(i) to avoid delinquent bills.
This emergency adoption is necessary because disconnection of electric
service during the extreme and persistent heat currently being experienced
in Texas poses an imminent peril to the health of residential customers.
The new section shall be effective immediately upon filing with the Secretary
of State because of imminent peril to the public health.
The new section is adopted on an emergency basis under §§11.002,
14.001 and 14.002 of the Public Utility Regulatory Act (PURA), Texas Utilities
Code Annotated (Vernon 1998 & Supplement 2000). Section 11.002 states
the purpose of the Public Utility Regulatory Act is to protect the public
interest inherent in the rates and services of public utilities; §14.001
grants the commission the general power to regulate and supervise the business
of each public utility within its jurisdiction and to do anything specifically
designated or implied by PURA that is necessary and convenient to the exercise
of that power and jurisdiction; and §14.002 provides the commission with
the authority to adopt rules which are necessary and convenient to the exercise
of its authority. This section is also adopted pursuant to the procedures
for emergency rulemaking set forth in the Texas Government Code, §2001.034
(Vernon 2000).
Cross Reference to Statute: Public Utility Regulatory Act §§11.002,
14.001 and 14.002; Texas Government Code §2001.034.
§25.50.Suspension of Disconnection of Electric Power Service During the Summer 2000 Heat Emergency.
(a)
Definition. For purposes of this section, the term "electric
utility" shall include an entity defined as an electric utility in the Public
Utility Regulatory Act (PURA) §31.002(6), owners of master-metered residential
facilities, or owners of submetered residential facilities.
(b)
Disconnection prohibited. No electric utility may discontinue
service to a residential customer, a master-metered residential facility,
or a submetered residential facility during the period August 10, 2000 through
September 30, 2000, for delinquent payment of utility service, unless the
customer in arrears has failed to enter into a deferred payment plan pursuant
to subsection (c) of this section. An electric utility may not send disconnection
notices, or perform other related collection activities except as otherwise
provided in this section, to a residential customer, residential user of a
master-metered residential facility, or residential user of a submetered residential
facility during the period August 10, 2000 through September 30, 2000, unless
that customer has failed to enter into a deferred payment plan pursuant to
subsection (c) of this section.
(1)
If notice of disconnection was provided prior to August
10, 2000, and the electric utility has contacted the customer within the disconnect
moratorium period and offered a deferred payment plan, then an electric utility
may disconnect service in keeping with §25.29 of this title (relating
to Disconnection of Service) not less than ten days after the notice of disconnection
was issued, provided that the delinquent bill remains unpaid and the customer
has not entered into a deferred payment plan.
(2)
If notice of disconnection was not provided prior to August
10, 2000, and the customer in arrears fails to enter into a deferred payment
plan after being contacted and offered one by the electric utility, then an
electric utility must provide notice of disconnection as required by §25.29
of this title and may disconnect service not less than ten days after notice
of disconnection is issued in keeping with §25.29(k).
(c)
Deferred payment plan. An electric utility shall contact
and offer a deferred payment plan for any delinquent bill of a residential
customer that has been rendered prior to or that comes due during the period
August 10, 2000 through September 30, 2000. The information included in the
deferred payment plan shall be provided in English and Spanish as necessary
to adequately inform the customer of the provisions of the plan. The deferred
payment plan shall provide that the delinquent amount may be paid in equal
installments over a period of up to six billing cycles, at the customer's
request. However, if the customer and electric utility agree, then the customer
may enter into a level payment plan that recovers the delinquent amount, with
other months' bills, over a 12- month period.
(1)
A deferred payment plan under this subsection may not include:
(A)
a late payment penalty for the delinquent balance as long
as the installments are made on time;
(B)
interest on the delinquent balance; or
(C)
a deposit.
(2)
A residential customer may enter into a deferred payment
plan pursuant to this subsection by visiting the electric utility's business
office or by telephone. If the customer visits the electric utility's business
office, the plan shall be reduced to writing at that time. If the agreement
is made over the telephone, the electric utility shall send a copy of the
plan to the customer. Immediately preceding the customers' signature, the
plan shall state in boldface capitals of at least 14 point type the following:
IF YOU ARE NOT SATISFIED WITH THIS CONTRACT, OR IF AGREEMENT WAS MADE BY TELEPHONE
AND YOU BELIEVE THIS CONTRACT DOES NOT REFLECT YOUR UNDERSTANDING OF THAT
AGREEMENT, CONTACT THE UTILITY IMMEDIATELY AND DO NOT SIGN THIS CONTRACT.
IF YOU DO NOT CONTACT THE UTILITY, OR IF YOU SIGN THIS AGREEMENT, YOU GIVE
UP YOUR RIGHT TO DISPUTE THE AMOUNT DUE UNDER THE AGREEMENT EXCEPT FOR THE
UTILITY'S FAILURE OR REFUSAL TO COMPLY WITH THE TERMS OF THIS AGREEMENT. In
addition, where the customer and utility representative or agent meet in person,
the utility representative shall read the preceding statement to the customer.
The utility shall also provide information to the customer in English and
Spanish as necessary to make the preceding boldface language understandable
to the customer. A copy of the signed plan shall be provided to the customer
by the electric utility.
(3)
A deferred payment plan under this subsection shall include
the following:
(A)
the term of the plan;
(B)
the total amount to be paid under the plan; and
(C)
the specific amount of each installment.
(4)
If a customer fails to fulfill the terms of a deferred
payment plan pursuant to this subsection, the utility shall have the right
to disconnect service subsequent to September 30, 2000. However, the utility
may not disconnect service until a disconnect notice has been issued to the
customer indicating the customer has not met the terms of the plan. Such notice
and disconnection shall conform with the disconnection requirements of §25.29
of this title, or its successor.
(5)
The Public Utility Commission of Texas encourages electric
utilities to counsel customers about the benefits of collecting a mutually
agreed upon minimum payment(s) during the period in which disconnection is
prohibited so as to lessen the financial burden on the customer when the period
of repayment begins.
(d)
Notice to social service agencies. For purposes of this
subsection, an electric utility shall not include owners of master-metered
or submetered residential facilities. An electric utility shall provide written
notice of this section by August 15, 2000, to:
(1)
those social service agencies that distribute funds from
the Low Income Home Energy Assistance Program within its certificated service
area; and
(2)
any other social service agency of which the electric utility
is aware that provides energy assistance to low income customers in its certificated
service area.
Filed with the
Office of the Secretary of State, on August 10, 2000.
TRD-200005584
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Effective date: August 10, 2000
Expiration date: December 8, 2000
For further information, please call: (512) 936-7308