1406 - Termination of utility service.

     § 1406.  Termination of utility service.        (a)  Authorized termination.--A public utility may notify a     customer and terminate service provided to a customer after     notice as provided in subsection (b) for any of the following     actions by the customer:            (1)  Nonpayment of an undisputed delinquent account.            (2)  Failure to comply with the material terms of a        payment agreement.            (3)  Failure to complete payment of a deposit, provide a        guarantee of payment or establish credit.            (4)  Failure to permit access to meters, service        connections or other property of the public utility for the        purpose of replacement, maintenance, repair or meter reading.        (b)  Notice of termination of service.--            (1)  Prior to terminating service under subsection (a), a        public utility:                (i)  Shall provide written notice of the termination            to the customer at least ten days prior to the date of            the proposed termination. The termination notice shall            remain effective for 60 days.                (ii)  Shall attempt to contact the customer or            occupant, either in person or by telephone, to provide            notice of the proposed termination at least three days            prior to the scheduled termination. Phone contact shall            be deemed complete upon attempted calls on two separate            days to the residence between the hours of 7 a.m. and 9            p.m. if the calls were made at various times each day.                (iii)  During the months of December through March,            unless personal contact has been made with the customer            or responsible adult by personally visiting the            customer's residence, the public utility shall, within 48            hours of the scheduled date of termination, post a notice            of the proposed termination at the service location.                (iv)  After complying with paragraphs (ii) and (iii),            the public utility shall attempt to make personal contact            with the customer or responsible adult at the time            service is terminated. Termination of service shall not            be delayed for failure to make personal contact.            (2)  The public utility shall not be required by the        commission to take any additional actions prior to        termination.        (c)  Grounds for immediate termination.--            (1)  A public utility may immediately terminate service        for any of the following actions by the customer:                (i)  Unauthorized use of the service delivered on or            about the affected dwelling.                (ii)  Fraud or material misrepresentation of the            customer's identity for the purpose of obtaining service.                (iii)  Tampering with meters or other public            utility's equipment.                (iv)  Violating tariff provisions on file with the            commission so as to endanger the safety of a person or            the integrity of the public utility's delivery system.            (2)  Upon termination, the public utility shall make a        good faith attempt to provide a post termination notice to        the customer or a responsible person at the affected        premises, and, in the case of a single meter, multiunit        dwelling, the public utility shall conspicuously post the        notice at the dwelling, including in common areas when        possible.        (d)  Timing of termination.--Notwithstanding the provisions     of section 1503 (relating to discontinuance of service), a     public utility may terminate service for the reasons set forth     in subsection (a) from Monday through Friday as long as the     public utility can accept payment to restore service on the     following day and can restore service consistent with section     1407 (relating to reconnection of service).        (e)  Winter termination.--            (1)  Unless otherwise authorized by the commission, after        November 30 and before April 1, an electric distribution        utility or natural gas distribution utility shall not        terminate service to customers with household incomes at or        below 250% of the Federal poverty level except for customers        whose actions conform to subsection (c)(1). The commission        shall not prohibit an electric distribution utility or        natural gas distribution utility from terminating service in        accordance with this section to customers with household        incomes exceeding 250% of the Federal poverty level.            (2)  In addition to the winter termination authority set        forth in paragraph (1), a city natural gas distribution        operation may terminate service to a customer whose household        income exceeds 150% of the Federal poverty level but does not        exceed 250% of the Federal poverty level, and starting        January 1, has not paid at least 50% of his charges for each        of the prior two months unless the customer has done one of        the following:                (i)  Has proven in accordance with commission rules            that his household contains one or more persons who are            65 years of age or over.                (ii)  Has proven in accordance with commission rules            that his household contains one or more persons 12 years            of age or younger.                (iii)  Has obtained a medical certification in            accordance with commission rules.                (iv)  Has paid to the city natural gas distribution            operation an amount representing at least 15% of the            customer's monthly household income for each of the last            two months.            (3)  At the time that the notice of termination required        by subsection (b)(1)(i) is provided to the customer, the city        natural gas distribution operation shall provide notice to        the commission. The commission shall not stay the termination        of service unless the commission finds that the customer        meets the criteria in paragraph (2)(i), (ii), (iii) or (iv).        (f)  Medical certification.--A public utility shall not     terminate service to a premises when a licensed physician or     nurse practitioner has certified that the customer or a member     of the customer's household is seriously ill or afflicted with a     medical condition that will be aggravated by cessation of     service. The customer shall obtain a letter from a licensed     physician verifying the condition and shall promptly forward it     to the public utility. The medical certification procedure shall     be implemented in accordance with commission regulations.        (g)  Qualification for LIHEAP.--A notice of termination to a     customer of a public utility shall be sufficient proof of a     crisis for a customer with the requisite income level to receive     a LIHEAP Crisis Grant from the Department of Public Welfare or     its designee.        (h)  Dishonorable tender of payment after receiving     termination notice.--            (1)  After a public utility has provided a written        termination notice under subsection (b)(1)(i) and attempted        telephone contact as provided in subsection (b)(1)(ii),        termination of service may proceed without additional notice        if:                (i)  a customer tenders payment which is subsequently            dishonored under 13 Pa.C.S. § 3502 (relating to            dishonor); or                (ii)  a customer tenders payment with an access            device, as defined in 18 Pa.C.S. § 4106(d) (relating to            access device fraud), which is unauthorized, revoked or            canceled.            (2)  The public utility shall not be required by the        commission to take any additional actions prior to the        termination.