N.J. Admin. Code § 14:3-3A.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 14:3-3A.1 - Basis of discontinuance of service

(a) The utility shall have the right to suspend or curtail or discontinue service for any of the following reasons:

1. For the purpose of making permanent or temporary repairs, changes or improvements in any part of its system;

2. For compliance in good faith with any governmental order or directive, regardless of whether such order or directive subsequently may be held to be invalid;

3. For nonpayment of a valid bill due for service furnished at a present or previous location, in accordance with 14:3-3A.2;

4. For nonpayment of a deposit, in accordance with 14:3-3A.9; or

5. For any of the following acts or omissions on the part of the customer:

i. Refusal of reasonable access to the customer's premises in accordance with 14:3-3.6;

ii. Tampering with any facility of the utility;

iii. Fraudulent representation in relation to the use of service;

iv. Customer moving from the premises, unless the customer requests that service be continued;

v. Providing a utility's service to others without approval of the utility;

vi. Refusal to contract for service where such contract is required;

vii. Connecting and operating in such manner as to produce disturbing effects on the service of the utility or other customers;

viii. Failure of the customer to comply with any reasonable standard terms and conditions contained in the utility's tariff;

ix. Where the condition of the customer's installation presents a hazard to life or property; or

x. Failure of customer to repair any faulty facility of the customer.

(b) A customer wishing to discontinue service shall give notice to the utility. Within 48 hours of said notice, the utility shall discontinue service or obtain a meter reading for the purpose of calculating a final bill. Where such notice is not received by the utility, the customer shall be liable for service until the final reading of the meter is taken. Notice to discontinue service will not relieve a customer from any minimum or guaranteed payment under any contract or rate.

(c) Public utilities shall not discontinue residential service involuntarily except between the hours of 8:00 A.M. and 4:00 P.M., Monday through Thursday, unless there is a safety-related emergency. There shall be no involuntary discontinuance of service on Fridays, Saturdays, and Sundays or on the day before a New Jersey State holiday or on a New Jersey State holiday absent such emergency.

(d) When a utility suspends, curtails, or discontinues service for any reason other than nonpayment including, but not limited to, emergent safety-related situations, repairs, complying with any governmental order or directive, or mitigating hazardous conditions that may place persons and property at imminent risk of harm, the utility shall provide notice to the customer, to the extent reasonably possible. Such notice may include, but is not limited to, the use of two or more of the following: mailings, text messages, email, telephone calls, door hangers, and/or inperson contact with the customer. The utility shall provide proof of such notice to Board staff upon request.

(e) When a utility discontinues service for nonpayment, the utility shall provide notice to the customer in accordance with 14:3-3A.3.

N.J. Admin. Code § 14:3-3A.1

Amended by R.1978 d.155, effective 5/16/1978.
See: 9 N.J.R. 290(e), 10 N.J.R. 261(e).
Amended by R.1983 d.526, effective 11/21/1983.
See: 15 N.J.R. 787(a), 15 N.J.R. 1949(a).
In (a)3i, added "except in cases of diversion of service pursuant to 14:3-7.16."
Amended by R.1991 d.145, effective 5/6/1991.
See: 22 N.J.R. 616(a), 23 N.J.R. 1446(a).
Prohibits discontinuance of service due to non-payment of repair charges, merchandise charges, and non-tariff contracted charges; limits utilities' discontinuance of residential service to Monday-Thursday, 8 A.M. to 4 P.M. except for safety related emergency.
Amended by R.1997 d.39, effective 2/3/1997.
See: 28 N.J.R. 1810(a), 29 N.J.R. 449(a).
In (a)3i, inserted provision on responsibility for service rendered and reference to conservation measures; in (b), inserted provision on discontinuance or meter reading within 48 hours; in (c), inserted $ 50 arrearage provision; added (c)1 through (c)5; and in (d)1, inserted provisions that extension request be in writing and that service not be discontinued pending Board decision.
Emergency amendment, R.2002 d.312, effective 8/21/2002 (to expire October 20, 2002).
See: 34 N.J.R. 3295(a).
Added (c)6.
Amended by R.2002 d.280, effective 9/16/2002.
See: 34 N.J.R. 992(a), 34 N.J.R. 3216(b).
In (c), rewrote the third sentence of the introductory paragraph.
Emergency amendment, R.2002 d.312, effective 8/21/2002 (expired October 20, 2002).
See: 34 N.J.R. 3295(a).
Deleted (c)6.
Amended by R.2004 d.12, effective 1/5/2004.
See: 35 N.J.R. 91(a), 36 N.J.R. 200(b).
In (c), added 6.
Recodified in part from N.J.A.C. 14:3-3.6 and amended by R.2008 d.119, effective 5/19/2008.
See: 39 N.J.R. 4077(b), 40 N.J.R. 2481(a).
Rewrote (a); in the introductory paragraph of (c), substituted "discontinuance" for "termination", inserted "involuntarily", deleted the former third and fourth sentences and inserted "New Jersey State" twice; recodified former (c)1 through (d)2 to N.J.A.C. 14:3-3A.2; and added new (d) and (e).

Amended by 55 N.J.R. 1739(a), effective 8/7/2023