351.1 - Reasons for Discontinuance
The Cooperative may discontinue service to a Customer under any of the following circumstances:
A. Nonpayment of a Bill
If the Customer fails or refuses to pay a delinquent account for electric service (whether or not based upon estimated billing); or
B. Breach
If Customer fails or refuses to perform any obligation under the terms of the Agreement for Electric Service or a deferred payment agreement; or
C. Interference with Service
If Customer violates any rule pertaining to the use of electric service in a manner which interferes with or is likely to sauce interference with electric service to other Customers or operates nonstandard equipment, provided that the Cooperative has made a reasonable effort to notify the Customer and provided there has been a reasonable opportunity to remedy the situation;or
D. Failure to Make Application for Service
If Customer fails or refuses to make application for service in accordance with these rules in Customer’s true name; o
E. Refusal of Access
If Customer fails or refuses to provide the Cooperative reasonable access to its facilities located on Customer’s premises; or
F. Default on Guaranty Agreement
If a Customer has signed a written Guaranty Agreement for another Customer or applicant and fails or refuses to pay the amount due on the guaranteed account when requested to do so by the Cooperative; or
G. Back Billing
If Customer fails or refuses to timely pay any billing authorized by these rules resulting from previous under billing (whether caused by meter inaccuracy, failure to register, misapplication of rates or otherwise). Correction of billings for meter inaccuracy shall be made for the period of six (6) months immediately preceding removal of the inaccurate meter from service for testing or from the time the meter was in service since last tested, but not exceeding six (6) months; or
H. Hazardous Condition
When a hazardous condition exists in Customer’s installation or equipment; or
I. Meter Tampering
If Cooperative’s meter which serves Customer has been tampered with or bypassed, the Cooperative may discontinue service. For purposes of this section, meter tampering, bypass, or diversion shall be defined as tampering with an electric meter or equipment, bypassing the same, or other instances of diversion, such as physically disorienting the meter, objects attached to the meter to divert service or to bypass, insertion of objects into the meter, and other electrical and mechanical means of tampering with, bypassing, or diverting electrical service or there has been a theft of electric service (Section 31.04 of the Penal Code of the State of Texas) or criminal mischief for having damaged or tampered with the Cooperative’s property (Section 28.03 of the Penal Code of the State of Texas).
The Cooperative may charge for all labor, material and equipment necessary to repair or replace all equipment damaged due to meter tampering or bypassing or other service diversion, and other costs necessary to correct service diversion where there is no equipment damage, including incidents where service is reconnected without authority. An itemized bill of such charges must be provided to the customer. The Cooperative may also estimate and bill the member for electric service over the entire period of meter tampering, meter bypassing or service diversion.
351.2 - Notice of Disconnection
A. Proper Notice Prior to Disconnection for Nonpayment
If a Customer fails or refuses to pay the Cooperative in accordance with the provisions of the Agreement For Electric Service, Service rules, applicable rate schedule, deferred payment agreement, or guaranty agreement, then proper notice shall be given prior to disconnection. Proper notice shall consist of a separate mailing or hand delivery at least ten (10) days prior to a stated date of disconnection, with the words “termination notice” or similar language prominently displayed on the notice. The information included in the notice shall be provided in English and Spanish as necessary to adequately inform the Customer.
Attached to or on the face of the termination notice or electric bill shall appear a statement notifying the Customer that if they are in need of assistance with the payment of their bill or ill and unable to pay their bill, they may be eligible for payment assistance or special payment programs such as deferred payment plans, disconnection moratoriums for the ill, or energy assistance programs, and contact the local office of the Cooperative for information on the available programs. If mailed, the cut-off day may not fall on a holiday or weekend, but shall fall on the next working day after the tenth day. Payment at a utility’s authorized payment agency is considered payment to the utility. The Cooperative shall not issue late notices or disconnect notices to the Customer earlier than the first day the bill becomes delinquent so that a reasonable length of time is allowed to ascertain receipt of payment by mail or at the utility’s authorized payment agency.
B. Disconnection Without Notice
Utility service may be disconnected without notice where a known dangerous condition exists for as long as the condition exists or where service is connected without authority by a person who has not made application for service or who has reconnected service without authority following termination of service for nonpayment or in instances of tampering with the Cooperative’s meter or equipment, bypassing the same, or other instances of diversion as defined in Section 23.47 of the Commission’s Substantive Rules (relating to Meters). Where reasonable, given the nature of the hazardous condition, a written statement providing notice of disconnection and the reason therefore shall be posted at the place of common entry or upon the front door of each affected residential unit as soon as possible after service has been disconnected.
C. Disconnection After Reasonable Notice
1. Electric service may be disconnected for violation of service rules
pertaining to the use of service in a manner which interferes with the service of others or the operation of nonstandard equipment [Section (c)], if a reasonable attempt has been made to notify the customer and the customer is provided with a reasonable opportunity to remedy the situation.
2. Electric service may be disconnected for failure to make application for service [Section 351.1 (D)]; refusal of access [Section 351.1 (E)]; failure to pay a bill to correct previous under billing [Section 351.1 (G)]; default on guarantee agreement [Section 351.1 (F)]; if reasonable notice is given.
3. Reasonable notice shall consist of a separate mailing or hand delivery at least ten (10) days prior to a stated date of disconnection with the words “termination notice” or similar language prominently displayed on the notice.
351.3 - Postponement of Disconnection
A. Disconnection Prohibited
PUC rule 23.46 (d) provides that utility service may not be disconnected for any of the following reasons:
1. Delinquency in payment for utility service by a previous occupant of the premises;
2. Failure to pay for merchandise, or charges for non-utility service provided by the utility;
3. Failure to pay for a different type or class of utility service unless fee for such service is included on the same bill;
4. Failure to pay the account of another customer as guarantor thereof, unless the utility has in writing the guarantee as a condition precedent to service;
5. Failure to pay charges arising from an under billing occurring due to any misapplication of rates more than six months prior to the current billing; 6. Failure to pay charges arising from an under billing due to any faulty metering, unless the meter has been tampered with or unless charges are due under PUC rule 23.47, relating to meters;
7. Failure to pay an estimated bill other than a bill rendered pursuant to an approved meter-reading plan, unless the utility is unable to read the meter due to circumstances beyond its control.
B. Disconnection on Holidays or Weekends
PUC rule 23.46 (e) provides that unless a dangerous condition exists, or unless the customer requests disconnection, service shall not be disconnected on a day, or on a day immediately preceding a day, when personnel of the utility are not available to the public for the purpose of making collections and reconnecting service.
C. Disconnection for Ill and Disabled
PUC rule 23.46 (g) provides that the Cooperative will not discontinue service to a delinquent residential Customer permanently residing in an individually metered dwelling unit when that Customer establishes that discontinuance of service will result in some person residing at that residence becoming seriously ill or more seriously ill if service is discontinued. Each time a Customer seeks to avoid termination of service under this rule, the Customer must have the attending physician call or contact the Cooperative within 16 days of issuance of the bill. A written statement must be received by the Cooperative from the physician (the term “physician” shall mean any public health official, including but not limited to medical doctors, doctors of osteopathy, nurse practitioners, registered nurses, or any other similar public health official) or health care provider within twenty-six
(26) days of the issuance of the Cooperative’s bill. The prohibition against discontinuance of service provided by this rule shall last sixty-three (63) days from the issuance of the Cooperative’s bill or such lesser period as may be agreed upon by the Cooperative and the Customer or physician. The Customer who makes such request shall enter into a deferred payment plan.
D. Disconnection to Energy Assistance Grantees
PUC rule 23.46 (h) provides that no electric utility may terminate service to a delinquent residential customer for a billing period in which the customer has applied for and been granted energy assistance funds if any agency for administration of these funds has notified the utility, prior to the date of disconnection, of approval of an award sufficient to cover the bill, or a portion of the bill so that the customer can successfully enter into deferred payment plan for the balance of the bill.
E. Disconnection During Extreme Weather
PUC rule 23.46 (i) provides that on a day when the previous day’s highest temperature did not exceed 32 degrees F, and the temperature is predicted to remain at that level for the next 24 hours, according to the nearest National Weather Service (NWS) reports, or in zones where an excessive heat alert is in effect as determined by the NWS and reported by the National Oceanic and atmospheric Administration (NOAA), an electric utility cannot disconnect a customer until the utility ascertains that no life-threatening condition exists in the customer’s household, or would exist, because of disconnection during severe weather conditions.
351.4 - Effect of Discontinuance of Service
A. Customer’s Obligations
Discontinuance of service shall not relieve Customer from any obligation to the Cooperative or lessen or change any obligation in any manner.
B. Cooperative’s Rights
Discontinuance of service shall not reduce, diminish, or eliminate any legal right or remedy accruing to the Cooperative on or before the date of discontinuance, nor shall discontinuance operate as a waiver or any legal right or remedy.
Failure of Cooperative to discontinue electric service at any time after default or breach of this tariff, or to resort to any legal remedy or its exercise of any one or more of such remedies does not affect the Cooperative’s right to resort thereafter to any one or more of such remedies for the same or any default or breach by Customer.
351.5 - Dismantling of Cooperative Facilities
A number of consumer connections in the Cooperative area are not being used due to various reasons creating unnecessary investment and maintenance cost of these facilities for which the Cooperative is realizing no revenue. Therefore, it shall be the policy of the Cooperative that the members being serviced by these lines shall be notified that unless they use the service and pay at the minimum bill, these service lines shall be removed, and if they should desire service in the future, the consumer would have to pay the cost of rebuilding such line.
The Cooperative may, however, abandon in place in whole or in part its underground lines and equipment in lieu of removing such facilities.
351.6 - Liability for Discontinuance of Service
The Cooperative shall not be liable for any damages of any kind or character resulting from discontinuance or disconnection made pursuant to these rules.
351.7 - Refund of Membership Fee
Within a reasonable time after discontinuance of service the Cooperative shall make reasonable efforts to refund Applicant’s membership fee if Applicant is no longer required to maintain a membership.
351.8 - Refund of Deposit
After disconnection of service, if service is not reconnected, the Cooperative shall refund the Customer’s deposit, plus accrued interest on the balance, if any, in excess of unpaid bills for service furnished.