(a) If a statement rendered to a consumer is not paid on or before the due date stated thereon, the consumer’s account shall be termed “delinquent” and shall be subject to discontinuation of service.
(b) The Division of Cleveland Public Power shall give notice to the consumer prior to termination of service. The first notice shall be sent by first class mail at least ten (10) calendar days prior to the date after which termination could occur. If the Division receives no response from the consumer within five (5) days after the date of mailing of the first notice, then a second notice shall be sent by first class mail, or personal contact shall be made with an adult on the premises (telephone or physical visitation). All notices shall be provided to the account name and address and, if different, to the address where service is provided, as well as any other party previously designated by a residential customer to receive a copy of a termination notice. The termination notice shall be provided to residential customers in alternate languages where appropriate.
(c) When terminating service to elderly or handicapped residential customers, the Division’s final notice shall be by personal contact with an adult on the premises (telephone or physical visitation). If personal contact cannot be made, the notice of termination shall be posted in a conspicuous location at the service address at least forty-eight (48) hours (two (2) working days) before the date after which termination could occur.
For the purpose of this section, “elderly” means any residential customer, sixty-two (62) years of age or older, who resides at the service address and who has notified the Division of his or her status. For the purpose of this section, “handicapped” means any residential customer who resides at the service address and has any physical or mental impairment which substantially limits one (1) or more of such person’s life activities, and such person:
(1) Is certified as being physically disabled by a licensed physician;
(2) Is certified as being mentally disabled by a licensed psychiatrist, registered psychologist, Veterans Administration, Social Security Administration or local board of health; and
(3) Has notified the Division of his or her status.
(d) Tenants who pay for electric service as part of their rent in master-metered buildings, shall be individually notified, when practical, of any proposed termination. Tenants shall be collectively notified by posting a termination notice in a conspicuous location, such as near mailboxes, building entrances and exits or other areas of common usage. Tenants may collectively pay the delinquent amount in order to avoid termination of service.
(e) A notice of termination of service shall include the following information:
(1) The name, address and account number of the customer to be terminated;
(2) A statement of the reasons for termination;
(3) The date after which the termination could occur;
(4) The charge for service reconnection;
(5) A statement that the consumer has the right to appear before a Arbitration Panel to present objections and to examine all data related to his or her account; and
(6) In cases where termination is based on failure to pay, the amount owed, the time period over which the amount was incurred and whether the amount was based on actual meter readings or on an estimated consumption.
(f) The Division shall determine when termination of service to a customer would be especially dangerous to health because of extreme environmental conditions or because a residential customer or party residing at the customer’s address has provided the Division with certification by a licensed physician that he or she is likely to become seriously ill or more seriously ill if such service is terminated. The Division shall not terminate service during the time any such condition exists, provided that the customer furnishes sufficient information to the Division’s customer service representative to establish, to the satisfaction of the Division, that:
(1) He or she is unable to pay for such service; or
(2) He or she is able to pay for such service but only in installments.
Upon establishment of the customer's eligibility for relief under this section, the Division shall refrain from terminating service so long as the conditions established prevail. The Division may, from time to time, require recertification of serious illness, if applicable. The Division shall make arrangements with the customer for the payment of delinquent bills in installments, taking into consideration the amount of money owed, the customer's ability to pay, the customer's payment history, the time that the debt has been outstanding, the reasons why the debt has been outstanding and any other relevant factor. If a customer does not meet the requirements of such installment plan, service shall be subject to termination upon notice given after such failure to pay, in accordance with divisions (a) through (c) hereof.
(g) All disputes regarding any of the provisions of Chapter 523 or rates charged thereunder shall be arbitrated before a Cleveland Public Power Arbitration Panel as set forth in Section 523.115.
(Ord. No. 472-2022. Passed 5-23-22, eff. 5-25-22)