65-407-815 Me. Code R. § 2

Current through 2024-40, October 2, 2024

Section 407-815-2 - DEFINITIONS

The following terms have the following meanings, unless the context clearly indicates a different meaning. Note that throughout this Rule, the following defined terms will display initial capitalization when used as defined.

A.Account Balance. "Account Balance" means the total amount owed by a Customer that has been properly billed by a Utility in accordance with this Rule.

B.Amount Overdue. "Amount overdue" means the amount that a Utility has properly billed to a Customer that has not been paid in full by the due date of the bill or by a date otherwise agreed upon.

C.Annualized Budget Payment Plan. An "Annualized Budget Payment Plan" is a Payment Arrangement comprised of equal monthly installments whereby a Customer's anticipated annual Utility service cost is combined with any arrearage amount and divided by 12 to result in the elimination of the arrearage amount at the end of 12-month period.

D.Applicant. "Applicant" means any person or business that applies for Utility service and who has not been a Customer of the Utility within the past 30 calendar days.

E.Arrearage Management Program. "Arrearage Management Program" or "AMP" generally refers to programs created and used pursuant to Commission Rule Chapter 317.

F.Authorized Medical Professional. An "Authorized Medical Professional" is either a physician licensed pursuant to 32 M.R.S. Chapter 48, a physician assistant licensed pursuant to 32 M.R.S. Chapter 48, or a nurse practitioner certified pursuant to 32 M.R.S. Chapter 31.

G.Basic Service. "Basic Service" means:

1) Utility service where the Commission regulates the rate or charge for the service and the rate or charge for the service is contained in the Utility's rate schedules; and

2) standard offer energy service provided to the Utility's Customers.

H.Bill. "Bill" means a statement, either in written or electronic form, from a Utility to a Customer that states the amount owed by the Customer for the current billing period, the amount overdue, the account balance, late fees and any other charges lawfully owed by the Customer.

I.Billing Error. "Billing Error" is when a Customer's bill contains an incorrect rate or charge; lacks a proper charge, fee, or tax; the total amount due is not correct; no Bill was issued; or contains charges for service provided to another Customer, for example, but not necessarily limited to, a mixed meter situation.

J.Catch-up Amount. "Catch-up Amount" means the amount a Customer or Applicant must pay, following missed payments, to become current with the terms of an existing or past Payment Arrangement.

K.Commission. "Commission" means the Maine Public Utilities Commission.

L.Consumer Assistance and Safety Division (CASD). "Consumer Assistance and Safety Division" or CASD is a division of the Commission with the responsibility of dealing with consumer issues under this Rule.

M.Customer. "Customer" means any person or business that has applied for, been accepted, and is either receiving Utility service or has agreed to be billed for Utility service. This term also includes a person or business that was a Customer of the same Utility within the past 30 days and who requests service at the same or a different location.

N.Deposit. "Deposit" means any payment, however designated, that is held as security for future payment or performance.

O.Disconnection. "Disconnection" means the discontinuance by the Utility of a Customer's Utility service.

P.Dispute. "Dispute" means a grievance of a Customer or Applicant about a Utility's application of any provision of this Rule. Disputes include, but are not limited to:

1. Deposit requirements;

2. the accuracy of meter readings or Bills;

3. the proper person to be charged;

4. the terms of a Payment Arrangement;

5. the terms to avoid a pending Disconnection;

6. the terms to obtain a reconnection; and

7. the transfer of an Account Balance incurred in one Customer's name into another Customer's new account.

Q.Fraud. "Fraud" means a false representation, by words or conduct, or the concealment of facts which should have been disclosed, which is intended to deceive a Utility and upon which the Utility relies in taking actions with respect to a Customer.

R.Levelized Payment Arrangement. A "Levelized Payment Arrangement" is a Payment Arrangement that estimates usage for a designated period of time and divides that usage and the past due amount evenly over the number of months of the arrangement. The result is equal monthly payments for the duration of the Payment Arrangement, which may extend beyond one year's time.

S.LIAP. "LIAP" is an acronym for "Low-Income Assistance Program," which is a program to assist qualified low-income Customers pay their electric bills, pursuant to Chapter 314 of the Commission's rules.

T.Make-up Bill. A "Make-up Bill" is a Bill issued for previously unbilled Utility service.

U.Medical Emergency. "Medical Emergency" means a situation where a Customer or member of a Customer's household has a medical emergency such that a lack of Utility service would pose a serious risk of harm to that individual.

V.Medium Commercial Customer. A "medium commercial Customer" means a nonresidential Customer that meets the availability criteria to take service under a core Customer class of a transmission and distribution utility that includes a demand charge and in which a Customer's maximum demand does not exceed 500 kilowatts or the Utility's kilowatt break-point between classes that is closest to but does not exceed 500 kilowatts, whichever is lower.

W.Name Substitution. "Name Substitution" is the practice of avoiding Disconnection for nonpayment or initiating service without satisfying overdue accounts or avoiding a Deposit requirement by having a different person apply for service.

XNew Customer. A "new Customer" means any person or business that has applied and been accepted for service that has not taken service from the Utility within the past 30 days.

Y.Non-basic Utility Service. "Non-basic Utility Service" means utility service that meets any of these conditions:

1. The Commission does not regulate the rate or charge for the service;

2. The rate or charge for the service is not contained in the Utility's rate schedules; or

3. The service is for merchandise or equipment that is not required as a condition of receiving Utility service.

Z.Occupant. "Occupant" means any person who resides at a Premises that is provided with Utility service.

AA.Payment Arrangement. "Payment Arrangement" means an agreement between a Customer or Applicant and a Utility that allows the Account Balance or Deposit to be paid in one or more installments.

BB.Personal Contact. "Personal Contact" means contact between the Utility and the Customer either in person, by telephone, internet chat, text message, email, or any other similar method of communication, so long as the communication medium either allows for back-and-forth communication or the option to switch to a voice call with a live Customer service representative from the Utility. The purpose of Personal Contact is to ensure that the Customer receives a summary of their rights as provided for in this Section and is given all reasonable assistance in understanding these rights. Personal Contact can be initiated either by the Customer or the Utility and may take place anywhere provided the communication is sufficient to provide the required notice and assistance. Delivery of a written notice to a Customer's residence alone does not constitute Personal Contact.

CC.Premises. "Premises" means any residential or non-residential building.

DD.Protection From Abuse Order. A "Protection from Abuse Order" is an order from a Maine court issued pursuant to 19-A M.R.S §4101 et. seq. and includes a temporary order issued pursuant to Section 4108. An Applicant or Customer presenting a Protection from Abuse Order to a Utility as provided in this rule may redact portions of the order containing personal information. The name of the Applicant or Customer, the signature of the judge or justice, the date, and the enforceable duration of the order may not be redacted. A Utility with a reasonable belief that a Protection from Abuse Order presented by an Applicant or Customer is not authentic may require the Applicant or Customer to submit a court-certified copy of the order.

EE.Public Safety Facility. "Public Safety Facility" means a facility used primarily for the functions of local government that ensure the protection of residents, organizations and institutions in the municipality or plantation, including the provision of law enforcement, fire, and emergency services. For the purposes of this definition, "local government" includes municipal and plantation governments.

FF.Refund. "Refund" means a reimbursement to a Customer in the form of cash or check, credit to a debit or credit card, or bank account, depending upon the form of the original payment.

GG.Regular Payment Arrangement. "Regular Payment Arrangement" means a Payment Arrangement whereby a Customer's arrearage amount is divided into reasonable monthly installments and added to the Customer's current amount due.

HH.Residential Customer. "Residential Customer" means a Customer that takes Residential Utility Service.

II.Residential Utility Service. "Residential Utility Service" means Utility service furnished to buildings designed and used for both human habitation and sleeping, with the exception of hotels. It includes service provided for a nonresidential purpose, if a Premises is receiving service on the same meter.

JJ.Small Non-Residential Customer. "Small Non-Residential Customer" or "Small Commercial Customer" means in the case of a consumer served by an investor-owned transmission and distribution utility, a nonresidential consumer that meets the availability criteria to take service under a core Customer class of the Utility that does not pay a demand charge to the Utility or, in the case of a consumer served by a consumer-owned transmission and distribution utility, a nonresidential consumer with a demand of 20 kilowatts or less. "Small Non-Residential Customer" with respect to gas utilities means a non-residential Customer with annual consumption of 50,000 therms or less.

KK.Special Payment Arrangement. "Special Payment Arrangement" means a Payment Arrangement established during the Winter Disconnection Period that requires a Customer to make regular monthly payments according to the guidelines set forth in Section 9(E)(5) of this Rule.

LL.Third Party. "Third party" means a person or entity not employed by or working on behalf of the Utility. For the purposes of this Rule, neither Commission staff nor contractors working on behalf of the Utility are considered "third parties."

MM.Unauthorized Use. "Unauthorized Use" means the interference or diversion of Utility service. Unauthorized Use includes, but is not limited to:

1. tampering with the meter (any act which affects the proper registration of service through a meter);

2. by-passing the meter (unmetered service that flows through a device connected between the service line and Customer-owned facilities); or

3. restoring service without authorization from the Utility or CASD.

NN.Utility. "Utility" means any gas utility or transmission and distribution utility as those terms are defined in Title 35-A M.R.S. § 102(8) and (20-B).

OO.Winter Disconnection Period. "Winter Disconnection Period" means the period beginning November 15 of each year and continuing through April 15 of the following year.

65-407 C.M.R. ch. 815, § 2