(A) TCED may refuse or discontinue service to any customer without notice for any of the following reasons:
(1) When, in TCED's opinion, a condition exists that is dangerous or hazardous to life, physical safety or property;
(2) When emergency repairs must be made to TCED's facilities or system;
(3) When there has been tampering with TCED's meters or equipment, or evidence of fraudulent or unauthorized use of energy in a manner so as to circumvent TCED's meter; and/or
(4) When ordered to do so by a court, a duly authorized public authority or an authorized governmental agency.
(B) TCED may discontinue service to the customer, and refuse to serve any other member of the same household or firm at the same premises, with reasonable notice for any of the following reasons:
(1) Nonpayment of a bill for services at this location;
(2) Nonpayment of a bill for the same class of services at another location;
(3) Violation of any duly constituted TCED rule or regulation; and/or
(4) Certain orders for disconnection by a duly authorized public authority, when notice is requested by the authority, or for reasons described in divisions (A)(1), (2), (3) or (4) above, where notice is deemed appropriate by TCED.
(C) Disconnection of service after notice may not be made until the following conditions are met:
(1) A customer may not be disconnected, except for conditions described in divisions (A)(1), (2), (3) or (4) above on any day during which the business office is closed, or past the hour of 12:00 p.m. local time on any day preceding any day during which the business office is closed.
(2) A customer may not be disconnected, except for conditions described in divisions (A)(1), (2), (3) or (4) above, during the period from December 1 through March 15, provided the customer has applied for benefits under State Project Safe, the same being I.C. 4-27-5 or I.C. 4-26-8, unless a written certification is received from Project Safe that the applicant is not qualified for Project Safe.
(3) Disconnection of residential service shall be postponed for a period of ten days, if, prior to the disconnection date, the customer provides a written statement from a licensed physician or public health official that disconnection of the customer's residential service would result in a serious and immediate threat to the safety or health of a designated person of the affected residence. The customer may not be disconnected for an additional ten days upon presentation of a second statement.
(4) A customer may not be disconnected, except for conditions described in divisions (A)(1), (2), (3) or (4) above, if the customer shows good cause, including financial hardship, and can qualify for a deferred payment plan. A deferred payment plan requires a written agreement with the customer. The customer shall be assessed reasonable interest and collection costs in addition to the actual bill arrears. TCED will consider a waiver of interest and collection fees upon the written recommendation of a recognized Social Service Agency.
(5) A customer may not be disconnected, except for conditions described in divisions (A)(1), (2), (3) or (4) above, if the customer disputes the bill and establishes qualification for maintaining service while the disputed bill is being reviewed in accordance with division (D) below.
(6) A customer may not be disconnected, except for conditions described in divisions (A)(1), (2), (3) or (4) above, if the temperature (ambient) is below 32°F.
(7) A customer may not be disconnected in circumstances, determined by TCED's Superintendent, which might create a substantial hardship on the customer or the community.
(8) A customer may not be disconnected upon the order of an officer of the state of competent jurisdiction.
(9) When the supply of electricity has been cut off upon the customer's failure to make a timely payment or to abide by this subchapter, TCED will not be obligated to restore service until the customer:
(a) Has made application for service and paid all bills due for service previously furnished;
(b) Has made a satisfactory deposit, if required, to insure payment of future bills;
(c) Has paid the cost of reconnection set forth in division (E) below at the location so disconnected; and
(d) Has corrected, to TCED's satisfaction, the failure to abide by this subchapter.
(D) When TCED has discontinued service for nonpayment of a bill, as provided for in division (B) above, a reconnection charge of $16 shall be required during normal working hours. The customers requesting reconnection at any other time will be charged $16 in addition to all costs incurred by TCED in making the service call.
(E) Discontinuance of service in accordance with the provisions of divisions (A) and (B) above shall not constitute a breach of any obligation of TCED under any contract for service with the customer, and TCED shall not in any case be liable to the customer for any damages resulting from the discontinuance of service.
(F) The customers who dispute a bill or any portion of a bill must meet the following qualifications to avoid a disconnection of service:
(1) The customer must pay a reasonable portion of the disputed bill, which may not exceed the average monthly amount of the previous six-months’ bills.
(2) The customer agrees to cooperate with TCED in resolving the disputed portion of the bill.
(3) The customer agrees to pay the remainder of the bill, if any, at a reasonable rate after the dispute is resolved.
(4) The customer agrees to pay all undisputed future bills, for service, as they become due.
(5) The customer must appear in person to sign an agreement which includes the terms agreed to with TCED.
(6) TCED may not charge a penalty on any disputed portion of the billing which is resolved to the customer's benefit. TCED may charge reasonable penalties and collection costs on any amount resolved to TCED's benefit.
(Res. R990419d, passed - - )