§ 818. Termination of Service., Part 8. ELECTRIC SERVICE RULES AND REGULATIONS, Chapter 7. Electrical Utility, Municipal Code, Code of Ordinances, Quakertown

Termination of Service for Nonresidential Customers. Customers are required to notify the company, to prevent liability for service used by succeeding tenants, when vacating their premises. Upon receipt of such notice, the company will read the meter, and further liability for service used on the part of the vacating customer will cease.

Termination of Service for Residential Customers.

Grounds for Authorized Termination of Service. Following the notice requirements set forth in Subsection 3A, the company's service to any dwelling may be terminated for any of the following actions of the residential customer:

(1)

Nonpayment of an undisputed delinquent account.

(2)

Failure to complete payment of a deposit, provide a guarantee or establish creditworthiness.

(3)

Failure to permit access to meters, service connections and other property of the company at all reasonable times for the purpose of replacement, maintenance, repair or meter reading.

(4)

Failure to comply with the material terms of a repayment agreement.

(5)

Tendering payment that is subsequently dishonored under 13 PA.C.S.A. § 3502 or tendering payment with an access device, as defined in 18 Pa.C.S.A. § 4106(d), which is unauthorized, revoked, or canceled.

Grounds for Immediate Termination of Service. The company's service may be immediately terminated without notice for any of the following actions of the residential customer:

(1)

Unauthorized use of the company's service delivered on or about the affected dwelling.

(2)

Fraud or material misrepresentation of identity for the purpose of obtaining company service.

(3)

Tampering with meters or other company equipment.

(4)

Violating any tariff provisions, so as to endanger the safety of any person or the integrity of the company's energy delivery system.

(5)

Pursuant to the terms of an agreement, or by mutual consent.

Conditions for Not Terminating Service.

(1)

Evidence is present which indicates that payment has been made.

(2)

A serious illness or medical condition exists at the premises.

(3)

A dispute or complaint is properly pending.

(4)

The employee is authorized to receive payment and payment in full is tendered in any reasonable manner.

Days Termination of Service is Prohibited. Except in emergencies or terminations under Subsection 2B, service shall not be terminated during the following periods:

(1)

On Saturday or Sunday.

(2)

On a bank holiday or on the day preceding a bank holiday.

(3)

On a holiday observed by the company or on the day preceding such holiday. A "holiday observed by the company" shall mean any day on which the business office of the company is closed to observe a legal holiday, to attend company meetings or functions, or for any other reason.

Winter Terminations. Unless otherwise authorized by the Council, after November 30 and before April 1 ("winter period"), the company shall not terminate service to residential customers with household incomes at or below 250% of the federal poverty level, except for termination in accordance with Subsection 2B above. The company may terminate service during the winter period to residential customer with household incomes exceeding 250% of the federal poverty level. To be eligible for a winter termination exemption, a customer must make application with the company by providing the company with a copy of the customer's current year federal tax return.

Unauthorized Termination of Service. Unless expressly and specifically authorized by the Council, service shall not be terminated, nor will a termination notice be sent, for any of the following reasons:

(1)

Nonpayment for concurrent service of the same class received at a separate metering point.

(2)

Nonpayment for a different class of service received at the same or a different location. Service may be terminated, however, when under the company's tariff a change in classification is necessitated upon the completion of construction work previously billed at a different rate applicable during construction.

(3)

Nonpayment, in whole or in part: for leased or purchased merchandise, appliances, or special services, including but not necessarily limited to merchandise and appliance installation fees, rental, and repair costs; of meter testing fees; of special charges; and of other nonrecurring charges that are not essential to delivery or metering of service.

(4)

Nonpayment of bills for delinquent accounts of the prior residential customer at the same address.

(5)

Nonpayment of, or failure to restore a deposit applied to, a delinquent account which is based all or in part on a "make-up" bill for previously unbilled company service, resulting from: company billing error, meter failure, leakage that could not reasonably have been detected or loss of service not caused by the residential customer or occupant; or two or more consecutively estimated bills, if the "make-up" bill exceeds the otherwise normal, estimated bill by 50%. This section shall not prohibit termination where the company reviews the bill with the residential customer and offers to enter a payment agreement which may, at the residential customer's option, extend: at least as long as the period during which the excess amount accrued; or at least as necessary so that the quantity of service billed in any one billing period will not be greater than the normal estimated quantity for such period plus 50%.

(6)

Noncompliance with a payment agreement prior to the due date of the bill which forms the basis of the agreement.

(7)

Nonpayment of charges for company service furnished more than two years prior to the date the bill is rendered.

(8)

Nonpayment for residential service already furnished in the name or names of persons other than the residential customer, unless a court, District Justice or administrative agency has determined that the residential customer is legally obligated to pay for the service previously furnished. This section shall not affect the company's creditor rights and remedies otherwise permitted by law.

(9)

Nonpayment of charges calculated on the basis of estimated billings, unless the estimated bill was required because company personnel were unable to gain access to the affected premises to obtain an actual meter reading on two occasions and have made a reasonable effort to schedule meter reading at a time convenient to the residential customer or occupant.

(10)

Nonpayment of delinquent accounts: which accrued over two billing periods or more; which remain unpaid in whole or in part for six months or less; and which amount to a total delinquency of less than $25.

Notice Procedures for Termination of Residential Customers.

Notice Requirements for Authorized Termination of Service. Prior to a termination of service under Subsection 2A above, the company shall:

(1)

Provide written notice of the termination to the residential customer at least 10 days prior to the date of the proposed termination. The termination notice shall remain effective for 60 days.

(2)

Attempt to contact the residential 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 7:00 a.m. and 9:00 p.m. if the calls were made at various times of the day.

(3)

During the months of December through March, unless personal contact has been made with the residential customer or the responsible adult by personally visiting the residential customer's residence, the company shall, within 48 hours of the scheduled date of termination, post a notice of the proposed termination at the service address.

Notice When Dispute Pending. The company shall not mail or deliver a notice of termination if a notice of dispute has been filed and is unresolved and if the subject matter of the dispute forms the grounds for the proposed termination. Any notice mailed or delivered in contravention of this section shall be void.

Procedures Upon Residential Customer or Occupant Contact Prior to Termination.

(1)

If, at any time after the issuance of the initial termination notice and prior to the actual termination of service, a residential customer or occupant contacts the company concerning a proposed termination, an authorized company employee shall fully explain:

(a)

The reasons for the proposed termination.

(b)

All available methods for avoiding a termination, including:

(i)

Tendering payment in full or otherwise eliminating the grounds for authorized termination; and

(ii)

Entering a settlement or payment agreement.

(c)

The residential customer's right to file a dispute with the company.

(d)

The procedures for resolving disputes and informal complaints, including the address and telephone number of the company.

(e)

The residential customer's duty to pay any portion of a bill which he does not honestly dispute.

(f)

The medical certification procedures.

(2)

The company, through its employees, shall exercise good faith and fair judgment in attempting to enter a reasonable settlement or payment agreement, or otherwise equitably to resolve the matter. Factors to be taken into account when attempting to enter into a reasonable settlement or payment agreement shall include, but not be limited to, the size of the unpaid balance, the residential customer's payment history and the length of time over which the bill accumulated. The company may negotiate payment arrangements on the portion of the past-due amount attributable to its charges.

Use of Termination Notice Soley as Collection Device Prohibited. The company shall not threaten to terminate service when it has no present intent to terminate service or when actual termination is prohibited under this section; notice of the intent to terminate shall be used only as a warning that service will in fact be terminated in accordance with the procedure set forth by this section unless the ratepayer or occupant remedies the situation which gave rise to the company's enforcement efforts.

No Liability. Whenever the supply of electricity is disconnected in accordance herewith, the company shall not be liable for any damage, direct or indirect, that may result from such disconnection. In all cases where the supply of electricity is disconnected by reason of violation by the customer of any of the provisions hereof or of any agreement with the company for the purchase of electricity, there shall then become due and payable, in addition to the bills in default, an amount equal to the monthly minimum charge for the unexpired term of the agreement, not as a penalty, but in lieu of the income reasonably to be expected during the unexpired term of the agreement.

Emergency Provisions for Residential Customers.

General Provision. The company shall not terminate, or refuse to restore, service to any premises when any occupant therein is certified by a physician or nurse practitioner to be seriously ill with a medical condition that will be aggravated by a cessation of service or failure to restore service.

Postponement of Termination Pending Receipt of Certificate. If, prior to termination of service, the company employee is informed that an occupant is seriously ill with a medical condition which will be aggravated by a cessation of service and that a certification will be procured, termination shall not occur for at least three days. Service may be terminated if no certification is produced within that three-day period.

Medical Certifications. The residential customer shall obtain a certification from a licensed physician and promptly forward it to the company. All certifications must be procured on a Borough medical certification application.

Length of Postponement; Renewals. Service shall not be terminated for the time period specified in the medical certification, provided that the maximum length of the certification shall be 60 days.

(1)

Time Period Not Specified. If no length of time is specified, or if the time period is not readily ascertainable, service shall not be terminated for at least 60 days.

(2)

Renewals. Certifications may be renewed in the same manner and for the same time period as provided in Subsection 5B and C of this policy (relating to postponement of termination pending receipt of certificate and medical certifications).

Restoration of Service. When service is required to be restored under Subsection 5A through C of this policy (relating to emergency provisions), the company shall make a diligent effort to have service restored on the day of receipt of the medical certification. In any case, service shall be restored within 24 hours. The company shall have employees available or on call to restore service in emergencies.

Residential Customer's Duty to Pay Bills. Whenever service is restored or termination postponed pursuant to the medical emergency procedures, the residential customer shall retain a duty to equitably arrange to make payment on all bills.

Termination Upon Expiration of Medical Certification. When the initial and all renewal certifications have expired, the original grounds for termination shall be revived and the company may terminate service without additional written notice, if notice previously has been mailed or delivered pursuant to the notice requirements of this tariff.

(1)

The company shall continue to provide service while a final Council adjudication on the petition is pending.

Termination at Any Premises Other Than the Residential Customer's Residence.

General Rule. Unless the affected occupants agree to a proposed termination, or the residential customer states in writing that the affected premises are unoccupied, the company shall not terminate service to a single-meter multi-unit dwelling or any premises that is not the residential customer's residence, except in compliance with the following provisions, in addition to all other notice and procedural provisions in Subsection 3 of this policy (relating to notice procedures prior to termination):

(1)

Notice Requirement. At least 10 days prior to the proposed termination, the company shall notify the affected dwellings. Where permissible, notice should be posted in common areas of the dwellings.

(2)

Notice Contents. In addition to other required provisions of this section, a notice pursuant to this section shall include a statement that the occupants are not responsible for the delinquencies of the residential customer and the date on or after which service will be terminated unless:

(a)

Payment in full is received from the ratepayer or the grounds for termination are otherwise eliminated; or

(b)

A settlement or payment agreement is entered into between the residential customer and the company; or

(c)

The occupants agree to subscribe for future service individually and this can be accomplished without a major revision in distribution facilities or additional right-of-way acquisitions; or

(d)

Where separate service cannot be instituted without a major revision in distribution facilities or additional right-of-way acquisitions, the occupants agree to be jointly and severally responsible for the full amount of all future bills for service at the affected dwelling. The consent of these occupants must be knowing and voluntary.

(3)

Where the residential customer arranges to make payment in accordance with Subsection 6A(2)(a) or (b) of this section or where the occupants agree to subscribe for future service in accordance with Subsection 6A(2)(c) or (d) of this section, the company shall consider the original grounds for termination eliminated and shall be prohibited from terminating service pursuant to those grounds. This section shall not affect the creditors' rights and remedies of the company otherwise permitted by law.

(4)

Reduction of Deposit. When occupants at a single-meter multifamily dwelling agree to pay all future bills for service provided in Subsection 6A(2)(d) of this section and when any responsible person in a residential unit establishes credit, the amount of any required deposit or guarantee shall be reduced pro rata based on the number of residential units contained in the dwelling.

Third-Party Notification for Residential Customers.

Third-Party Notification. The company shall permit its residential customer to designate a consenting individual or agency which is to be sent, by the company, a duplicate copy of all reminder notices, past-due notices, delinquent account notices, or termination notices of whatever kind issued by the company. When contact with a third party is made, the company shall advise the third party of the pending action and the efforts which must be taken to avoid termination. The company shall institute and maintain a program:

(1)

To allow a residential customer to designate third parties to receive copies of a residential customer's or group of residential customers' notices of termination of service;

(2)

To advise a residential customer of the availability of such a third-party notification program and to encourage their use thereof.