(A) Upon a customer’s request.
(1) A customer shall notify the utility in writing at least 2 working days in advance of the day of disconnection. The customer shall remain responsible for all service used and the billings therefor until service is disconnected pursuant to the notice. In case of an emergency, disconnection may be done immediately either at the request of the customer or at the discretion of the utility.
(2) Upon request in writing by a customer of a utility to disconnect service, the utility shall disconnect the service within 2 working days of the requested disconnection date. The customer shall not be liable for any service rendered to that address or location after the expiration of these 2 days.
(B) Without customer’s request.
(1) A utility may disconnect service without request by the customer and without prior notice for any of the following:
(a) A condition that is dangerous or hazardous to life, physical safety, or property exists;
(b) Upon order by any court or duly authorized public authority;
(c) If fraudulent or unauthorized use is detected by the utility and the utility has reasonable grounds to believe that the affected customer is responsible for the use; and/or
(d) If the utility’s regulating or measuring equipment has been tampered with and the utility has reasonable grounds to believe that the affected customer is responsible for or has knowledge of the tampering.
(2) In all other instances a utility, upon providing the customer with the proper notice, may disconnect service subject to the other provisions of these rules.
(C) Postponement of disconnection.
(1) A utility may postpone disconnection of service for 10 days if, prior to the disconnection date specified on the notice, the customer provides the utility with a written medical statement from a licensed physician or public health official which states that disconnection of service would be a serious and immediate threat to the health and safety of a designated person in the household of the customer.
(2) A utility may postpone disconnection of service if a customer shows cause for his or her inability to pay the full amount due immediately and:
(a) Completes an extension of time agreement with the utility;
(b) Pays an amount equal to 1/10 of the bill due, but not less than $10;
(c) Agrees to pay the remainder outstanding bill no later than the twenty-eighth day of the month following the month that the billing was generated;
(d) Agrees to pay all undisputed future bills for service rendered as they become due; and
(e) Has not breached any similar agreement made with the utility in the past.
(3) Conditions:
(a) Provided that the utility may add to the unpaid balance a late payment charge as previously established;
(b) Provided further, that the above terms of the agreement shall be put in writing by the utility and signed by the customer and a representative of the utility; and
(c) Provided further, that only 1 extension of time may be granted in a 12-month period.
(D) Postponement of disconnection due to disputed bill.
(1) If a customer is unable to pay a bill which is unusually large due to prior incorrect reading of the meter, incorrect application of the rate schedule, incorrect connection or functioning of the meter, prior estimates where no actual readings were taken over a 3-month period, stopped or slow meter, or any human or mechanical error of the utility, the customer must:
(a) Pay a reasonable portion of the bill, not to exceed an amount equal to the customer’s average bill for the 12 bills immediately preceding the bill in question;
(b) Agree to pay the remainder of the bill at a reasonable rate; and
(c) Agree to pay all undisputed future bills for service rendered as they become due.
(2) Provided, however, that the utility may add to the outstanding bill a late payment charge as provided for, and that the above terms of agreement shall be put in writing by the utility and signed by the customer and a representative of the utility.
(E) Time. A utility may disconnect service only between the hours of 8:00 a.m. and 3:00 p.m., prevailing local time. A utility may not disconnect service for nonpayment on any day on which the utility office is closed to the public.
(F) Notice required prior to involuntary disconnection.
(1) Utility service shall be disconnected for nonpayment of a bill after 7 days prior to written notice to the customer by either:
(a) Mailing notice to the residential or commercial customer at the address shown on the records of the utility; or
(b) Personal delivery of the notice to the customer or responsible member of the family at the address shown on the records of the utility.
(2) No disconnection notice for nonpayment may be rendered prior to the date on which the account becomes delinquent. The notice must state the following:
(a) Date of proposed disconnection;
(b) Date of notice;
(c) Amount due, including the late payment charge;
(d) Name and address of the customer; and
(e) A statement regarding fees and conditions for reconnection of service.
(G) Procedure for involuntary disconnection.
(1) Immediately preceding the actual disconnection of service, the employee of the utility designated to perform that function shall make a reasonable attempt to identify himself or herself to the customer or any other responsible person then upon the premises and shall announce the purpose of his or her presence and shall make a record thereof to be retained for at least 30 days.
(2) The employee shall have in his or her possession information sufficient to enable him or her to inform the customer of the reason for the disconnection, including the amount due of any delinquent bill of the customer, and shall request from the customer any available verification that the outstanding bill has been satisfied or is currently in dispute. Upon the presentation of the evidence, service shall not be disconnected. The employee shall not be required to accept payment from the customer in order to prevent service from being disconnected. When the employee has disconnected the service, he or she shall give to the customer at the premises, or if no one is home, he or she shall leave at a conspicuous place on the premises a notice stating that service has been disconnected.
(H) Reconnection of service. The utility shall charge a reconnection fee of $20 for each utility service that has been reconnected.
(1) If the utility disconnects service in violation of these rules, the service shall immediately be restored at no charge to the customer. The utility must reconnect service to a customer as soon as reasonably possible, but at least within 1 working day after it is requested to do so, provided the following:
(a) The conditions, circumstances, or practices which caused the disconnection have been corrected;
(b) Payment of all delinquent charges owed the utility by the customer and any deposits authorized by these rules has been made; and
(c) A responsible person is present on the premises to see that there are no leaks when the service is restored.
(2) There will be no disconnection of service for nonpayment during the time specified by the State of Indiana and/or by any Energy Assistance guidelines.
(3) Any customer that does not pay the delinquent amount of the bill within 5 days after service has been disconnected for nonpayment shall be served written notice that the utility is going to take legal action and file in the County Court to collect the money due.
(1996 Code, § 9-62) (Ord. 1986-7, Rule 13, passed 10-7-1986; Am. Ord. 2002-1, passed 6-5-2002)