220 CMR, § 25.02

Current through Register 1531, September 27, 2024

Section 25.02 - Billing and Termination Procedure for Residential Customers

(1)Billing and Payment. All bills shall be payable upon receipt. However, no bill shall be considered "due" under applicable law or 220 CMR 25.00 in less than 45 days from receipt or in the case of gas and electric companies in less time than has elapsed between receipt of such bill and receipt of the most recent previous bill for the company's services, whichever period is greater.

The initial bill after commencement of service shall not be "due" in less than 45 days from receipt, or in less time than has elapsed between receipt of such bill and the day upon which service was initially extended, whichever is greater.

No disputed portion of a bill which relates to the proper application of approved rates and charges, or the company's compliance with 220 CMR 25.00, shall be considered "due" during the pendency of any complaint, investigation, hearing or appeal under 220 CMR 25.00.

(2)Actual Meter Reading and Estimated Bills.

(a) A company shall make an actual meter reading at least every other billing period. A company may estimate a customer's consumption of gas, electricity or water only if:

1. The procedure used by the company for calculating estimated bills has been previously approved by the Department;

2. The company clearly indicates that the bill is an estimate by use of the word "ESTIMATE" on the face of the bill, in close proximity to the amount thereof, and in a manner previously approved by the Department; and

3. The company has either scheduled readings for times other than normal business hours, or attempted by mail or by telephone to make an appointment with the customer, and provided cards on which the customer may record the reading; and

4. The company has not rendered an estimated bill to the customer for the billing period immediately preceding that for which the estimate is made.

(b) Notwithstanding the provisions of the 220 CMR 25.02(2)(a) the company may render an estimated bill for any billing period in which:

1. The customer has knowingly or willfully denied reasonable access to the company's representatives for the purpose of taking an actual reading of the meter; or

2. The customer has otherwise made an actual reading of the meter unnecessarily difficult; or

3. Circumstances beyond the control of the company make an actual reading of the meter extremely difficult.

(3)Termination of Service. Except as elsewhere provided 220 CMR 25.00, service may be terminated only if:

(a) A bill is not paid within 45 days from receipt, or such longer periods as may be permitted by 220 CMR 25.02(1); and

(b) The company, not earlier than 27 days after the rendering of the bill (i.e. first request for payment), renders a second request for payment, stating its intention to terminate on a date not earlier than 48 days after the receipt of the bill in the case of gas and electric companies, and 46 1/2 days in the case of water companies; and

(c) The company renders a final notice of termination not earlier than 45 days after receipt of the bill. Such notice must be rendered at least 72 hours, but in no event more than 14 days, prior to termination in the case of gas and electric companies; and at least 36 hours prior to termination in the case of water companies; and

(d) The bill remains unpaid on the termination date indicated on the notice. In no event shall service to a customer be terminated for failure to pay a portion of any bill which is the subject of a dispute pursuant to 220 CMR 25.02(4). However, a customer shall be responsible for and accordingly shall be subject to termination for non-payment of any portion of any bill which is not the subject of a dispute pursuant to 220 CMR 25.02(4).

Service shall not be terminated for any reason other than failure to pay a bill, unless the Department certifies its approval after giving both parties an opportunity to be heard. Such a hearing shall not be construed to be an "adjudicatory proceeding" as defined by M.G.L. c. 30A.

Nothing in 220 CMR 25.00 shall be construed to prevent termination for reasons of safety, health, cooperation with civil authorities or any other reason for which termination power is specifically granted in the Massachusetts General Laws.

When service to a customer has been terminated, the Director of the Department's Consumer Division or the Director's designee, may order resumption of service pending an investigation pursuant to 220 CMR 25.02(4).

Termination of service under 220 CMR 25.02 may be effected between the hours of 8:00 A.M. and 4:00 P.M., Monday through Thursday, provided that such day is not a holiday as defined in M.G.L. c. 4, § 7, cl. (18) or the day before such a holiday.

All bills shall contain, or be accompanied by, a brief explanation of the customer's rights pursuant to 220 CMR 25.02(4). All second requests for payment referred to in 220 CMR 25.02(3)(b) and all termination notices referred to in 220 CMR 25.00 shall be accompanied by a brief explanation of the customer's rights pursuant to 220 CMR 25.00.

(4)Investigation and Appeal. If any matter relating to the proper application of approved rates and charges, or the company's compliance with 220 CMR 25.00, is subject of a complaint by the customer, the following procedure shall apply:

(a) The customer shall notify the company of the dispute by telephone, mail or in person. The company shall refer this matter to an employee assigned to investigate billing complaints. Such employee shall investigate and make a substantial effort to resolve the customer's complaint.

The customer shall be notified in writing as to the resolution of the complaint and the company shall keep a record of said correspondence for three years. Such notice shall also include the following statement: "If you still consider your bill to be inaccurate or if you continue to dispute the time over which your arrearage is to be paid, you have a right to appeal to the Department of Public Utilities.

Write: Consumer Division

Massachusetts Department of Public Utilities

One South Station, Boston, MA 02110

or Call: (617) 305-3531 or Toll-Free 1-800-392-6066

TTY (for the hearing impaired only): 1-800-323-3298

(b) If the customer disputes the company's written notice of decision, the customer shall notify the Department of Public Utilities Consumer Division that he wishes to appeal. A representative of the Department shall notify the company and thereafter shall conduct an investigation. Such investigation shall include an opportunity for each side in the dispute to be heard and may include a pre-hearing conference. Such hearing shall not be construed to be an "adjudicatory proceeding" as defined by M.G.L. c. 30A.

The Department representative shall rule promptly upon the appeal and notify the customer and company of his decision and of the right to appeal the decision to the Department for an adjudicatory proceeding as defined by M.G.L. c. 30A.

(c) Within seven days of being notified of the decision of the Department's representative the customer and/or the company may request a hearing under M.G.L. c. 30A.

(5)Orders. Pending final determination of a dispute, the Director of the Department's Consumer Division or his designee may enter any temporary orders which he deems just and equitable including but not limited to restoration of service and payment plan arrangements.

Upon final determination of the dispute by the Department, the Department shall order service to be continued, restored, or terminated upon such terms and conditions as it deems equitable to both the customer and the company.

(6)Payment and Budget Plans. Each company shall make available payment plans and budget plans as an option to all customers for payment of accumulated arrearages and/or prospective billings, as the case may be.

All bills and notices specified by the Department shall contain language, approved by the Department, advising customers of the availability of the aforementioned plans.

(7)Violation, Complaint. Any customer or company aggrieved by any action in violation of 220 CMR 25.00 may at any time request a hearing before the Department by making a complaint in writing to the Department, provided that such matter has not been previously investigated by the Department.

(8)Multiple Meters. No company may bill any residential unit in a multiple residence on the basis of an estimated allocation of charges made from a reading from a single meter in such multiple residence.

(9)Rate Classification. Each customer shall receive, either through the mail or by hand delivery, no later than the initial billing on his or her account, a notice describing the rate on which he or she is charged. This notice shall include:

(a) A statement that specific rates are available for particular uses, e.g., residential, heating, all-electric, commercial, time-of-use;

(b) A statement that the customer should notify the company immediately if he or she is not charged at the most advantageous rate; and

(c) A telephone number at the company which the customer may use to obtain additional information about available rates.

(10)Customer of Record. Whenever a new account is created for any service address, the company shall, at the time of the initial billing on this account, send separately to each listed customer of record a notice that such person is a customer of record. The notice shall include:

(a) A listing as the customer appears on company records;

(b) A statement that a customer of record is liable for all bills rendered on said account; and

(c) A telephone number at the company which the customer may call to change his or her status with relation to this account, or to make corrections in the company's listing of name and address.

(11)Form of Notices. All written notices required by 220 CMR 25.00 shall contain such language and be in such form as shall be approved by the Department subsequent to the adoption of 220 CMR 25.00. The Department may require that such notices be written in languages other than English.

(12)General Applicability. The foregoing provisions of 220 CMR 25.02 shall apply to all billing and termination matters under 220 CMR 25.00 unless otherwise indicated.

220 CMR, § 25.02