Order 15568 - Gas & Elec. Service Terminations: Winter Moratorium

 

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

PUBLIC UTILITIES COMMISSION

ORDER

WHEREAS: Pursuant to Section 42-35-3(b) and Section 39-1-32 of the Rhode Island General Laws, the Public Utilities Commission ("Commission") is empowered to adopt emergency rules when it finds an imminent peril to the public health, safety or welfare requires that it act immediately; and

WHEREAS: Rules and Regulations (Governing the Termination of Residential Electric, Gas and Water Utility Service establish a winter moratorium on service shutoffs between 12:01 a.m. November 1st and 11:59 p.m. March 31st whereby no gas or electric utility is allowed to terminate service to any residence where such service is the primary source of heat for nonpayment of a delinquent account, except when the delinquent balance of the account exceeds $375.00 and, where such service is not the primary source of heat, except when the delinquent balance exceeds $110.00;

WHEREAS, On February 20, 1998 the George Wiley Center petitioned the Commission to extend its winter moratorium on the termination of utility service until May 1, 1998. The above organization maintains that traditionally cold weather in April, and giving families more time to access federal energy programs grants warrants the extension.

WHEREAS, On March 24, 1998, the Public Utilities Commission was advised by the Division of Public Utilities and Carriers' staff that a survey of electric and gas utilities indicates that there are approximately 31,786 customers who may be subject to termination on April 1, 1998, and

WHEREAS: The Commission is genuinely concerned that the impending shutoffs will create undue hardship and adversely impact the public health, safety and welfare of the citizens of this state in light of potential cold weather conditions, and potentially high shutoffs combined with federal funding cuts for heating assistance, and other economic factors; and

WHEREAS, It is the desire of the Public Utilities Commission to avoid unnecessary shut-offs and since a temporary extension of the winter moratorium will provide an opportunity for the Public Utilities Commission, Rhode Island public utilities and State agencies to inform customers about the impending end of the moratorium and the availability of financial assistance and residential payment plans; and

WHEREAS, The Commission finds that a two week extension is reasonable under the circumstances, in lieu of the thirty day extension sought by the instant petitioner. The Commission also finds that the instant rules and regulations ought to be revisited in order to determine whether a permanent modification to the moratorium period is necessary.

NOW, THEREFORE, IT IS

(15568) ORDERED:

A. That Part II, Section 3(c)(1) and (3(c)(2) of the Rules and Regulations Governing the "Termination of Residential Electric, Gas and Water Utility Service" are temporarily modified as follows:

(1) Through April 15, 1998 no gas or electric public utility subject to these regulations shall terminate service to any residence for nonpayment of a delinquent account, where such service is the primary source of heat, except where the delinquent balance of the account exceeds $375.00 and where such service is not the primary source of heat, except when the delinquent balance exceeds $110.00. For purposes of this subsection a 'delinquent balance' shall be that amount which has been unpaid for at least ten (10) calendar days after rendition of bill.

(2) Through April 15, 1998 no gas or electric public utility subject to these regulations shall terminate service to a residence for nonpayment of utility charges where the public utility is advised that the person whose services are scheduled to be terminated is:

(a) unemployed as demonstrated through the presentation of a current Rhode Island Department of Employment Security ('DES') photo ID card or other verification by DES that the person is currently receiving unemployment compensation.

(b) elderly or handicapped, as defined by PART II, Section 3E(1)(a) and (b) of these Rules and Regulations.

(c) eligible for public energy assistance aid through verification by the agencies administering energy assistance.

B. The above temporary modifications shall remain in effect only until 1 1:59 p.m. on April 15, 1998.

EFFECTIVE AT PROVIDENCE, RHODE ISLAND ON MARCH 24, 1998, PURSUANT TO AN OPEN MEETING DECISION. WRITTEN ORDER ISSUED ON MARCH 26, 1998.

PUBLIC UTILITIES COMMISSION