Section 407-815-6 - APPLICATION FOR SERVICEA.Obligation to provide serviceA Utility may not refuse to provide service to an Applicant, except as provided for below.
1.Residential ApplicantsA Utility may deny service to a residential Applicant who fails to meet any of the following conditions.
a.Past overdue amount. A Utility may condition the granting of service on a residential Applicant paying an amount overdue for previous basic service provided by that Utility within the prior six years, subject to the following conditions: i. If the Utility is aware of the debt before service is initiated, and the Applicant was not previously disconnected due to the Applicant's failure to comply with a Payment Arrangement, the Utility must offer a Payment Arrangement to a residential Applicant on the undisputed balance before service is initiated;ii. If the Utility is aware of the debt before service is initiated and the Applicant was previously disconnected for non-payment and was on a Payment Arrangement at the time of the Disconnection, the Utility may require the Applicant to pay the Catch-up Amount on the Payment Arrangement before service is initiated. In these situations, once the Catch-up Amount has been paid, the Utility may either reinstate the previous Payment Arrangement or establish a new Payment Arrangement for the remaining Account Balance; andiii. If the Utility discovers the debt after it has granted service, the Utility must provide written notice to the Customer of the outstanding debt and its intention to collect the outstanding debt. If a Utility does not notify the Applicant of its intent to collect the outstanding debt, the Utility is prohibited from transferring the debt to the Applicant's current account. The Utility must allow the Customer at least 30 days after receipt of the written notice to pay the debt or enter into a Payment Arrangement. If the Customer fails to respond during this time period, the unpaid amount may be transferred to the Customer's current account and Disconnection procedures may be initiated for failure to pay or make a Payment Arrangement.b.Payment of a Deposit. A Utility may condition the granting of service on the payment of a Deposit pursuant to Section 7. c.Provision of proper identification. A Utility may condition the granting of Residential Utility Service to an Applicant on the provision of adequate proof of identification. In situations where Fraud is suspected, a Utility may require an Applicant to provide photo identification.d.Compliance with local, state, and national electric safety codes. A Utility may condition the granting of service on a Customer's premise equipment being in compliance with local, State, and National electric or gas safety codes.e.Proof of right to occupy a premises. A Utility may condition the granting of service to an Applicant on the provision of adequate proof that the Applicant has a sufficient legal right to occupy the Premises where the Applicant is applying for service. In these situations, prior to requesting such proof, the Utility must have evidence that the Applicant does not have the legal right to occupy the Premises, such as a request from the Premises owner that no person be allowed to apply for service, or a situation in which Utility learns that the person(s) occupying the Premises is there without appropriate permission.f.Protection from Abuse Order. A utility may not deny service or require the payment of a Catch-up Amount under subsection a. or require a deposit under subsection b. if an Applicant submits to the Utility an enforceable Protection from Abuse Order. This does not preclude a Utility from requiring a Payment Arrangement after service has been established.2.Non-residential ApplicantsA Utility may deny service to a non-residential Applicant that fails to meet any of the following conditions:
a.Past overdue amount. A Utility may condition the granting of service on a non-residential Applicant paying an amount overdue for previous Basic Service provided by that Utility if the Applicant accrued the debt within the prior six years. If the Utility discovers the debt after it has granted service, the Utility must provide written notice to the Customer of the outstanding debt and its intention to collect the outstanding debt. b.Documentation. A Utility may require a non-residential Applicant to provide documentation that identifies the owners or officers of the business entity, such as Articles of Incorporation and annual reports filed with the Maine Secretary of State.c.Payment of a deposit. A Utility may condition the granting of service on the payment of a Deposit pursuant to Section 7. d.Compliance with local, state, and national electric safety codes. A Utility may condition the granting of service on a Customer's premise equipment being in compliance with local, State, and National electric or gas safety codes.B.Provision of service by next business dayA Utility should provide service to an Applicant as soon as possible but must provide service by the end of the next business day after the request for service is received, or a Deposit and/or unpaid Account Balance is paid, provided that facilities exist to provide service within that timeframe. If facilities do not exist, such as in the case where a line extension must be constructed, the Utility must initiate its standard procedures to provide service by the end of the next business day after the request for service is received.
C.Service in another's nameExcept as provided for in this Section, a Utility may not require an Applicant to pay for service provided in another person's or entity's name unless a court or other administrative agency has determined that the Applicant is legally obligated to pay for that service. To prevent the practice of Name Substitution, a Utility may transfer an Account Balance that was incurred for service provided by that Utility within the prior six years from the date of the application in the name of another person or entity to the Applicant's new account when the Utility can reasonably find and conclude the following:
1.Residential Customersa. both people resided together at the same address where the account balance was incurred;b. both people received the benefit of the Utility service; andc. both people will benefit from the applied-for Utility service. An Applicant will be presumed to benefit from the applied-for Utility service by virtue of the Applicant's application for the service and if the above two conditions are met.d. In situations where a residential Account Balance will be transferred from an existing account to an Applicant's new account, a Utility may also: i. require that the Catch-up Amount on an existing Payment Arrangement be paid before the service transfers to the new Applicant;ii. transfer an existing Payment Arrangement from the existing account to the Applicant's account; oriii. transfer any Medical Emergency declaration or certification accepted by the utility made within the past 12 months on the existing account to the Applicant's account. In these situations, the date associated with each Medical Emergency declaration must also transfer with each Medical Emergency declaration.2.Non-residential Customersa. One or more persons who are or were officers or owners of the partnership, business, corporation or other business entity applying for service is or was also an officer or owner of the partnership, business, corporation or business entity at the same address where the account balance was incurred. When a Utility decides to transfer an existing account balance to an Applicant's new account, the Utility must add the previous Customer's name to the account, in addition to the Applicant's name and provide written notice to the Applicant of the transfer that includes the evidence demonstrating either 1a through 1c or 2a above. The notice must be provided at least 14 days prior to the transfer and, must provide the Applicant the opportunity to challenge the transfer, first to the Utility and if not resolved to the Customer's satisfaction, to CASD. The Utility must maintain a record of its investigation of the challenge in compliance with the provisions of this Rule.
D.Application for service at a location where an active account already existsA Utility may deny service to an Applicant where the service location for which the Applicant is seeking service already has an active Customer who does not wish to terminate service.
E.Explanation of chargesA Utility must disclose the following information at the time an Applicant requests service:
1. non-recurring installation, application or registration fees charged by the Utility for the type of service requested;2. if Non-basic Utility Services are available, the estimated charge for any Non- basic Utility Services selected by the Customer; and3. the recurring charge for the least cost class of service available to the Applicant.F.Designation of Third Party to receive noticesAn Applicant or Customer may notify the Utility that the Customer is designating a Third Party to receive disconnection notices concerning the Customer's account, as well as notices of planned and unplanned outages. The Utility must keep a record of the Third Party's name, address and telephone number. Whenever the Utility contacts the Customer about matters related to Deposits, Disconnections, overdue amounts or hazardous conditions of utility service, and planned or unplanned service interruptions, the Utility must make every reasonable effort to contact the Third Party and provide the same information at the same time it is provided to the Customer. Any notice of Disconnection provided to the Third Party must contain the disclosures required by Section 10(J). Nothing in this subsection obligates the Third Party to make payment of any amount owed by the Customer, unless there is independent evidence of an obligation to pay. Every Utility must inform new Customers of their right to designate a Third Party to receive notices pursuant to Section 5(12).
65-407 C.M.R. ch. 815, § 6