Chapter 05-438

2005 -- S 1161 SUBSTITUTE A AS AMENDED

Enacted 7/20/05

A N A C T

RELATING TO PUBLIC UTILITIES

Introduced By: Senators Walaska, Bates, J Montalbano, Goodwin, and C Levesque

Date Introduced: June 09, 2005

It is enacted by the General Assembly as follows:

SECTION 1. Section 39-2-1 of the General Laws in Chapter 39-2 entitled "Duties of

Utilities and Carriers" is hereby amended to read as follows:

39-2-1. Reasonable and adequate services -- Reasonable and just charges. -- (a)

Every public utility is required to furnish safe, reasonable, and adequate services and facilities.

The rate, toll, or charge, or any joint rate made, exacted, demanded, or collected by any public

utility for the conveyance or transportation of any persons or property, including sewage, between

points within the state, or for any heat, light, water, or power produced, transmitted, distributed,

delivered, or furnished, or for any telephone or telegraph message conveyed or for any service

rendered or to be rendered in connection therewith, shall be reasonable and just, and every unjust

or unreasonable charge for the service is prohibited and declared unlawful, and no public utility

providing heat, light, water, or power produced, transmitted, distributed, delivered, or furnished

shall terminate the service or deprive any home or building, or whatsoever, of service if the

reason therefor is nonpayment of the service without first notifying the user of the service, or the

owner or owners of the building as recorded with the utility of the impending service termination

by written notice at least ten (10) days prior to the effective date of the proposed termination of

service.

(b) Any existing rules and regulations dealing with the termination of utility service and

establishing reasonable methods of debt collection promulgated by the commission pursuant to

this chapter and the provisions of section 39-1.1-3, including but not limited to, any rules and

regulations dealing with deposit and deferred payment arrangements, winter moratorium and

medical emergency protections, and customer dispute resolution procedures, shall be applicable

to any public utility which distributes electricity.

to protect consumers following the introduction of competition in the electric industry and which

are consistent with this chapter and the provisions of section 39-1.1-3. In promulgating such rules

and regulations, the commission shall confer with the Retail Electric Licensing Commission and

shall give reasonable consideration to any and all recommendations of the Retail Electric

Licensing Commission.

(d) (Effective until April 15, 2006.) The commission shall promulgate and administer

such rules and regulations as may be necessary to implement the purpose of this subsection and to

provide for restoration of electric and/or gas service to Protected Status Customers who are

terminated from utility service prior to August 15, 2005.

(1) Notwithstanding the provisions of part V section 4 (E) (1) (B) and (C) of the Public

Utilities Commission Rules and Regulations Governing the Termination of Residential Electric,

Gas, and Water Utility Service, a protected status customers who is terminated from utility

service prior to August 15, 2005, shall be eligible to have electric and/or gas utility service

restored providing the following conditions are met: (i) the customer pays twenty percent (20%)

of the customer's unpaid balance; (ii) the customer agrees to pay one twenty-fourth (1/24) of the

customer's remaining balance per month for twenty-four (24) months, (iii) the customer agrees to

remain current with payments for current usage; and (iv) the customer has shown, to the

satisfaction of the division, that the customer is reasonably capable of meeting the payment

schedule provided for by provisions (i)-(iii) of this subsection 39-2-1(d)(1), and that the customer

shall agree to waiver the right to a hearing for termination of service; provided that this waiver

provision shall apply exclusively to the provisions of this subsection and shall have no

precedential value for other proceedings before the commission or the division. Once service is

restored under the provisions of this subsection, such service may be terminated if payment is not

made within thirty (30) days after the billing date; provided, however, that termination of service

shall not take place during the moratorium on shut-offs.

(2) A customer terminated from service under the provisions of subsection 39-2-1(d)(1)

shall be eligible for restoration of service in accordance with the applicable provisions of part V

section 4 (E) (1) (C) of the Public Utilities Commission Rules and Regulations Governing the

Termination of Residential Electric, Gas, and Water Service.

(3) The provisions of subsection 39-2-1(d)(1) shall be available if the initial payment for

restoration of service is made between April 15, 2005, and August 15, 2005, inclusive.

SECTION 2. This act shall take effect upon passage and shall expire on November 1,

2006.

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LC03447/SUB A/2

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