A.
Deposit amount.
(1)
A deposit amount for residential service shall be established and
changed from time to time by resolution of the Lansdale Borough Council
and shall be required in those cases where the applicant for service
does not own the property to be served with the electric current.
Deposit amounts for residential service where the principal source
of heat is electric heat shall also be separately set by resolution.
(2)
In the case of nonresidential service, the applicant's deposit shall
be in an amount equal to an estimated one month's billing as estimated
by the Borough.
B.
Interest. The Borough will allow simple interest on cash deposits.
Deposits shall cease to bear interest upon discontinuance of service
(or, if earlier, when the Borough closes the account).
C.
Return of deposit. Deposits shall be returned to all customers after
the service has been discontinued so long as the customer is not delinquent.
Any return of the deposit made under this section to the customer
shall be subject to the fees, charges and procedures established and
amended from time to time by resolution of the Lansdale Borough Council.
D.
Payment of bills. The payment of any undisputed bill shall be due
within 20 days following presentation of the bill, or the payment
of any contested bill, payment of which is withheld beyond the period
herein mentioned and the dispute is terminated substantially in favor
of the customer and payment made by the customer within 10 days thereafter.
A.
Deposit amount. A deposit amount shall be established and changed
from time to time by resolution of the Lansdale Borough Council and
as specified shall be required for all temporary services used for
construction or other limited duration purpose to cover the cost of
connection and disconnection of the temporary supply and any equipment
required for the temporary operation.
B.
Return of deposit. Any return of the deposit made under this section
to the customer shall be subject to the fees, charges and procedures
established and amended from time to time by resolution of the Lansdale
Borough Council.
Upon a consumer's failure to pay for any and all electric service within 20 days after receipt of a bill for the same or of an estimated bill, any deposit such customer may have with the Borough as hereinabove provided in §§ 185-7 and/or 185-8 may be appropriated to the extent necessary to cover the bill in part or in full, as the case may be, without notice to the customer. If a subsequent delinquency occurs after the original deposit has been appropriated, the Borough may require an additional deposit amount per §§ 185-8 and/or 185-9.
A.
Disconnection upon application from customer. A consumer may, upon
application to the Borough, have the service disconnected at any time.
B.
Disconnection by the Borough for cause. Subject to the limitations
set forth in this chapter, service shall be disconnected upon a consumer's
failure to pay for electric service within 30 days after receipt of
a bill for the same or an estimated bill, unless credits upon estimated
bills equal or exceed accrued charges for electric service. The Borough
shall give notice of a default for failure to timely pay for electric
service in person or by mail addressed to the premises served. Ten
days after the service of said notice or of the date of mailing of
the same, electric service shall, at the direction of the Borough
Manager, be discontinued.
A.
Grounds for authorized termination of service. Following the notice
requirements set forth, the Borough'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 Borough at all reasonable times, for the purpose of
replacement, maintenance, repair or meter reading.
(4)
Failure to comply with the material terms of a payment agreement.
B.
Grounds for immediate termination of service. The Borough's service
may be immediately terminated without notice for any of the following
actions of the residential customer:
(1)
Unauthorized use of the Borough's service delivered on or about the
affected dwelling.
(2)
Fraud or material misrepresentation of identity for the purpose of
obtaining Borough service.
(3)
Tampering with meters or other Borough equipment.
(4)
Violating any provision of this chapter or any of the Borough's tariff
provisions so as to endanger the safety of any person or the integrity
of the Borough's energy delivery system.
(5)
Pursuant to the terms of an agreement, or by mutual consent.
D.
Days termination of service is prohibited. Except in emergencies or terminations under Subsection B, service shall not be terminated during the following periods:
(1)
On Saturday or Sunday.
(2)
On a holiday observed by the Borough or on the day preceding such
holiday. A holiday observed by the Borough shall mean any day on which
the business office of the Borough is closed to observe a legal holiday,
to attend Borough meetings or functions, or for any other reason.
E.
Winter terminations.
(1)
Unless otherwise authorized by the Council, after November 30 and before April 1 ("winter period"), the Borough shall not terminate service to residential customers except for termination in accordance with Subsection B above.
(2)
The Borough, at the Borough's discretion, reserves the right to install
a load limiter control device as an alternative to disconnecting a
residential customer in winter. A load limiter control device is a
device that will allow a customer to run a small number of electrical
items at any given time. If the customer exceeds the limit of the
load limiter, then the device will interrupt the power until it is
manually reset. Fees for load limiters shall be set by resolution.
F.
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 Borough's ordinance, 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 construction 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 Borough service, resulting from Borough billing error, meter
failure, loss 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 Borough 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 Borough 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, magisterial district judge 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 Borough'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 Borough 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.
A.
Notice requirements for authorized termination of service. Prior to a termination of service under § 185-12A above, the Borough 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.
B.
Notice when dispute pending. The Borough 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.
C.
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 Borough concerning a proposed termination,
an authorized Borough employee shall fully explain:
(a)
The reasons for the proposed termination;
(c)
The residential customer's right to file a dispute with the
Borough;
(d)
The procedures for resolving disputes and informal complaints,
including the address and telephone number of the Borough;
(e)
The residential customer's duty to pay any portion of a bill
which he does not dispute; and
(f)
The medical emergency procedures.
(2)
The Borough, 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 ability to pay,
the residential customer's payment history and the length of time
over which the bill accumulated. The Borough will negotiate payment
arrangements on the portion of the past due amount attributable to
its charges.
D.
Use of termination notice solely as collection device prohibited.
The Borough 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 Borough's enforcement efforts.
Whenever the supply of electricity is disconnected in accordance
herewith, the Borough 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 Borough for the purchase of electricity, there shall then become
due and payable, in addition to the bills in default, an early termination
charge in an amount equal to the monthly minimum charge for the unexpired
term of the agreement which shall represent the income reasonably
expected by the Borough during the unexpired term of the agreement.
A.
General provision. The Borough shall not terminate or refuse to restore
service to any residential premises when any occupant thereof is certified,
by a physician or nurse practitioner, to have a medical condition
that may be substantially aggravated or worsened by a cessation of
service or a failure to restore service.
B.
Postponement of termination pending receipt of certificate. If, prior
to termination of service, the Borough is informed that an occupant
of a residential premises, which is the subject of a pending termination
of services, has a medical condition which will be aggravated or worsened
by a cessation of service; and that a certification will be procured
from a physician or nurse practitioner and produced to the Borough,
termination shall not occur for at least three days. Service may be
terminated if no certification is produced within three days.
C.
Form and content of medical certifications. Certifications shall
be in writing and signed by a physician or nurse practitioner. A medical
certification shall include the following:
(1)
The name and address of the residential customer in whose name the
account is registered;
(2)
The name and address of the person with the medical condition and
his or her relation to the residential customer and/or occupant;
(3)
The nature and extent of the potential harm to the person having
the medical condition which may be attributable to termination of
electric service and anticipated length of the affliction; and
(4)
The name, office address and telephone number of the certifying medical
practitioner.
D.
Length of postponement; renewals. Service shall not be terminated
for the time period specified in the medical certification provided
that maximum length of the certification shall be 60 days.
E.
Restoration of service.
(1)
When electric service is required to be restored, the Borough shall
make a diligent effort to have service restored on the day of payment.
For payment made after 4:30 p.m. on normal working days of the Borough,
service shall be restored, subject to available personnel, up to 8:00
p.m. that evening. In any case, service shall be restored within 24
hours. Reconnection charges shall be applicable, set by resolution
and billed in the next billing cycle. Customer shall have a responsible
adult available at the service location for restoration of service.
(2)
When emergency service is required to be restored under this chapter
(relating to emergency provisions), the Borough 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 Borough shall have employees available or on call to restore service
in emergencies. Reconnection charges shall be applicable, set by resolution
and billed in the next billing cycle. Customer shall have a responsible
adult available at the service location for restoration of service.
F.
Residential customer's duty to pay bills. Whenever service is restored
or termination postponed pursuant to the medical emergency procedures,
the residential customer shall maintain a duty to equitably arrange
to make payment on all bills.
G.
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 Borough may terminate service
without additional written notice if notice previously has been mailed
or delivered pursuant to the notice requirements of this chapter.
H.
Borough's right to reject medical certifications. The Borough may,
at the Borough's sole discretion, reject a medical certification or
terminate service prior to the expiration of a medical certification.
Rejection of a medical certification or termination of electric service
prior to the expiration of a medical certification shall be in writing
and sent to the address which is the subject of the medical certification
or electric service termination.
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 Borough 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 of this chapter (relating to notice procedures
prior to termination):
A.
The Borough shall provide notice of proposed termination.
B.
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:
(1)
Payment in full is received from the ratepayer or the grounds for
termination are otherwise eliminated; or
(2)
A settlement or payment agreement is entered into between the residential
customer and the Borough; or
(3)
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
(4)
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.
C.
Where the residential customer arranges to make payment in accordance with Subsection B(1) or (2) of this section or where the occupants agree to subscribe for future service in accordance with Subsection B(3) or (4) of this section, the Borough 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 Borough otherwise permitted by law.
D.
When occupants at a single meter multifamily dwelling agree to pay all future bills for service provided in Subsection B(4) 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. The Borough shall permit its residential
customer to designate a consenting individual or agency which is to
be sent, by the Borough, a duplicate copy of all reminder notices,
past due notices, delinquent account notices, or termination notices
of whatever kind issued by the Borough. When contact with a third
party is made, the Borough shall advise the third party of the pending
action and the efforts which must be taken to avoid termination. The
Borough shall:
A.
Allow residential customer to designate third parties to receive
copies of a residential customer's or group of residential customers'
notices of termination of service;
B.
Advise residential customers of the availability of such a third
party notification program and to encourage their use thereof; and
C.
Solicit community groups and police to accept third party notices
in order to assist in preventing unnecessary terminations and protecting
public health and safety.
D.
To send delinquent account notices to landlords regarding tenant
accounts.
In accordance with the authority set forth in the Municipal
Claims and Liens Act[1] and the procedures set forth therein, the Borough may,
at the Borough's sole discretion, lien a property for unpaid amounts
past due for electric service provided to the property.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
A.
Termination without prior notice. The Borough reserves the right
to terminate service to a customer without prior notice under one
or more of the following circumstances:
(1)
Unavoidable shortage or interruptions in the Borough's source of
supply or other cases of emergency. This includes emergency repairs
or alterations.
(2)
Whenever a hazardous electrical or electrically related condition
is found to exist on the customer's premises.
(3)
Diversion of electric service, tampering with the Borough's electric
meters, or unauthorized use of equipment.
(4)
The customer's use of equipment is determined by the Borough to adversely
affect the Borough's equipment or the Borough service to other customers.
(5)
An uncollateralized check offered on a delinquent account in an effort
to avoid termination.
B.
Termination with prior notice.
(1)
Termination notices will be mailed to the customer named at the address
in which the account is held and/or to the occupant at the service
location. The notice will indicate the reason for termination and
instructions on how to avoid termination. The customer shall be given
at least 48 hours' notice. Reasons for termination may include but
are not limited to:
(2)
Violation of or noncompliance with any provision of this chapter
or any other applicable rules, regulations or other written agreements
between the customer and the Borough. The Borough may refuse to restore
service until the customer has corrected the conditions constituting
such violation or noncompliance.
(3)
Failure to pay a fee.
(4)
Falsification, misrepresentation, or failure to disclose a material
fact in an apparent attempt to defraud the Borough or to avoid payment
of any outstanding bill for service rendered.
(5)
Repeated refusal to grant access during reasonable working hours
for maintenance, meter reading or removal of equipment, inspection
or replacement of equipment.
C.
Termination by customer.
(1)
Notice of discontinuance. The customer must give the Borough at least
one business days' notice to discontinue service and shall be liable
for electric service provided by the Borough until the meter has been
disconnected or read. Failure to allow the Borough access to premises
may result in the inability of the Borough to disconnect. If the Borough
is unable to disconnect service, the customer shall be responsible
for energy used. Such notice prior to the expiration of a contract
term shall not relieve the customer from the minimum or guaranteed
payment under any contract or service classification as set forth
in the contract or this chapter.
(2)
Failure to complete term of contract. For any reason, whether through
act, neglect, or default by a customer or his agent, the Borough's
service is suspended or the Borough is prevented from supplying service
in accordance with the terms of any contract it may have entered into,
the minimum charge for the unexpired portion of the contract term
shall become due and payable immediately.
(3)
Final bill. The final bill for service shall be used on an actual
meter reading and is due and payable upon the due date set forth in
the final bill.
A.
Reconnection. Electric service disconnected by the Borough, for any
reason, shall be restored only on payment of previous balance due.
The primary responsibility for payment shall be the individual or
entity which requested the service, but the ultimate responsibility
shall be upon the owner of the property, and the Borough shall retain
its full power to lien under the laws of the Commonwealth of Pennsylvania,
including the Municipal Claims and Liens Act[1] for the provision of electric service. Reconnection charges
shall be applicable, set by resolution and billed in the next billing
cycle. Customer shall have a responsible adult available at the service
location for restoration of service.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
B.
After-hours reconnection charge. After-hours restoration of electric
service will not be performed except in an emergency. If the customer
requests emergency restoration after established business hours, then
an additional charge over the normal restoration charges shall be
assessed. Reconnection charges shall be applicable, set by resolution
and billed in the next billing cycle.
In accordance with the authority set forth in the Municipal
Claims and Liens Act and the procedures set forth therein, the Borough
may, at the Borough's sole discretion, lien a property for unpaid
amounts past due for electric service provided to the property.
A fee for furnishing and providing, by mail or otherwise, information
pertaining to electrical rate and bill data, including but not limited
to certifications regarding the status of payment of any electrical
bill for any single parcel within the Borough of Lansdale, shall be
established and changed from time to time by resolution of the Lansdale
Borough Council.
The Borough of Lansdale, upon request of a Borough resident,
will provide a written credit reference regarding the payment of electric
utility bills. This reference will only relate to the requestor's
account. There will be a monetary charge for this service to reimburse
the Borough for costs. Said charge shall be established and changed
from time to time by resolution of the Lansdale Borough Council.
