476.20 - DISCONNECTION LIMITED -- NOTICE -- MORATORIUM -- DEPOSITS.

        476.20  DISCONNECTION LIMITED -- NOTICE -- MORATORIUM      -- DEPOSITS.         1.  A utility shall not, except in cases of emergency,      discontinue, reduce, or impair service to a community, or a part of a      community, except for nonpayment of account or violation of rules and      regulations, unless and until permission to do so is obtained from      the board.         2.  The board shall establish rules requiring a regulated public      utility furnishing gas or electricity to include in the utility's      notice of pending disconnection of service a written statement      advising the customer that the customer may be eligible to      participate in the low income home energy assistance program or      weatherization assistance program administered by the division of      community action agencies of the department of human rights.  The      written statement shall list the address and telephone number of the      local agency which is administering the customer's low income home      energy assistance program and the weatherization assistance program.      The written statement shall also state that the customer is advised      to contact the public utility to settle any of the customer's      complaints with the public utility, but if a complaint is not settled      to the customer's satisfaction, the customer may file the complaint      with the board.  The written statement shall include the address and      phone number of the board.  If the notice of pending disconnection of      service applies to a residence, the written statement shall advise      that the disconnection does not apply from November 1 through April 1      for a resident who is a "head of household", as defined by law,      and who has been certified to the public utility by the local agency      which is administering the low income home energy assistance program      and weatherization assistance program as being eligible for either      the low income home energy assistance program or weatherization      assistance program, and that if such a resident resides within the      serviced residence, the customer should promptly have the qualifying      resident notify the local agency which is administering the low      income home energy assistance program and weatherization assistance      program.  The board shall establish rules requiring that the written      notice contain additional information as it deems necessary and      appropriate.         3.  The board shall establish rules which shall be uniform with      respect to all public utilities furnishing gas or electricity      relating to disconnection of service.  This subsection applies both      to regulated utilities and to municipally owned utilities and      unincorporated villages which own their own distribution systems, and      violations of this subsection subject the utilities to civil      penalties under section 476.51.         A qualified applicant for the low income home energy assistance      program or the weatherization assistance program who is also a      "head of household", as defined in section 422.4, subsection 7,      shall be promptly certified by the local agency administering the      applicant's program to the applicant's public utility that the      resident is a "head of household" as defined in section 422.4,      subsection 7, and is qualified for the low income home energy      assistance program or weatherization assistance program.      Notwithstanding subsection 1, a public utility furnishing gas or      electricity shall not disconnect service from November 1 through      April 1 to a residence which has a resident that has been certified      under this paragraph.         4.  A public utility which violates a provision of this section      relating to the disconnection of service or which violates a rule of      the board relating to disconnection of service is subject to civil      penalties imposed by the board under section 476.51.         5.  The board shall establish rules which shall be uniform with      respect to all public utilities furnishing gas or electricity      relating to deposits which may be required by the public utility for      the initiation or reinstatement of service.         a.  The deposit for a residential or commercial customer for a      place which has previously received service shall not be greater than      the highest billing of service for one month for the place in the      previous twelve-month period.         b.  The deposit for a residential or a commercial customer for      a place which has not previously received service or for an      industrial customer shall be the customer's projected one month's      usage for the place to be serviced as determined by the public      utility according to rules established by the board.         This subsection does not prohibit a public utility from requiring      payment of a customer's past due account with the utility prior to      reinstatement of service.         The rules shall allow a person other than the customer to pay the      customer's deposit.  Upon termination of service to such a customer,      the deposit plus accumulated interest less any unpaid utility bill of      the customer, shall be reimbursed to the person who made the deposit.      
         Section History: Early Form
         [C66, 71, 73, 75, § 490A.26; C77, 79, 81, § 476.20] 
         Section History: Recent Form
         83 Acts, ch 127, § 31; 84 Acts, ch 1131, § 1; 84 Acts, ch 1273, §      1         Referred to in § 384.84, 476.1A, 476.1B, 476.1C, 476.29