§ 39-2-1 - Reasonable and adequate services – Reasonable and just charges.
SECTION 39-2-1
§ 39-2-1 Reasonable and adequate services– Reasonable and just charges. – (a) Every public utility is required to furnish safe, reasonable, and adequateservices and facilities. The rate, toll, or charge, or any joint rate made,exacted, demanded, or collected by any public utility for the conveyance ortransportation of any persons or property, including sewage, between pointswithin the state, or for any heat, light, water, or power produced,transmitted, distributed, delivered, or furnished, or for any telephone ortelegraph message conveyed or for any service rendered or to be rendered inconnection therewith, shall be reasonable and just, and every unjust orunreasonable charge for the service is prohibited and declared unlawful, and nopublic utility providing heat, light, water, or power produced, transmitted,distributed, delivered, or furnished shall terminate the service or deprive anyhome or building, or whatsoever, of service if the reason therefor isnonpayment of the service without first notifying the user of the service, orthe owner or owners of the building as recorded with the utility of theimpending service termination by written notice at least ten (10) days prior tothe effective date of the proposed termination of service.
(b) Any existing rules and regulations dealing with thetermination of utility service and establishing reasonable methods of debtcollection promulgated by the commission pursuant to this chapter and theprovisions of § 39-1.1-3, including but not limited to, any rules andregulations dealing with deposit and deferred payment arrangements, wintermoratorium and medical emergency protections, and customer dispute resolutionprocedures, shall be applicable to any public utility which distributeselectricity.
(c) The commission shall promulgate such further rules andregulations as are necessary to protect consumers following the introduction ofcompetition in the electric industry and which are consistent with this chapterand the provisions of § 39-1.1-3. In promulgating such rules andregulations, the commission shall confer with the Retail Electric LicensingCommission and shall give reasonable consideration to any and allrecommendations of the Retail Electric Licensing Commission.
(d) On or before May 1, 2007, the commission shall administersuch rules and regulations as may be necessary to implement the purpose of thissection and to provide for restoration of electric and/or gas service to verylow income households as defined by § 42-141-2.
(1) Effective July 1, 2007, notwithstanding the provisions ofpart V sections 4(E)(1)(B) and (C) of the public utilities commission rules andregulations governing the termination of residential electric, gas, and waterutility service, a very low income customer who is terminated from gas and/orelectric service or is recognized pursuant to a rule or decision by thedivision as being scheduled for actual shut-off of service on a date specified,shall be eligible one time to have electric and/or gas utility service restoredproviding the following conditions are met:
(i) the customer pays twenty-five percent (25%) of thecustomer's unpaid balance;
(ii) the customer agrees to pay one thirty-sixth (1/36) ofone half (1/2) of the customer's remaining balance per month for thirty-six(36) months;
(iii) the customer agrees to remain current with payments forcurrent usage. For purposes of this subsection remaining current with paymentsshall mean that the customer: (a) misses no more than a total of three (3)payments in the thirty-six (36) month period covered by the agreement; (b)misses more than two (2) payments in any one calendar year, provided that suchmissed payments in a calendar year are not consecutive and that payments forthe year are up-to-date by October 31st; and (c) that the amount due under thatagreement is paid in full by the conclusion of the period of the agreement; and
(iv) the customer has shown, to the satisfaction of thedivision, that the customer is reasonably capable of meeting the paymentschedule provided for by the provisions of subdivision 39-2-1(d)(1)(i) and (ii)in this section. The restoration of service provided for by this subsectionshall be a one-time right; failure to comply with the payment provisions setforth in this subsection shall be grounds for the customer to be dropped fromthe repayment program established by this subsection, and the balance due onthe unpaid balance shall be due in full and shall be payable in accordance withthe rules of the commission governing the termination of residential electric,gas, and water utility service. A customer who completes the schedule ofpayments pursuant to this subsection, shall have the balance of any arrearageforgiven, and the customer's obligation to the gas and/or electric company forsuch balance shall be deemed to be fully satisfied. The amount of the arrearageso forgiven shall be treated as bad debt for purposes of cost recovery by thegas or the electric company.
(2) A customer terminated from service under the provisionsof subdivision 39-2-1(d)(1) shall be eligible for restoration of service inaccordance with the applicable provisions of part V section 4(E)(1)(C), or itssuccessor provision, of the public utilities commission rules and regulationsgoverning the termination of residential electric, gas, and water service.