Section 25.23 - Refusal of Service(a) Acceptable reasons to refuse service. An electric utility may refuse to serve an applicant until the applicant complies with state and municipal regulations and the utility's rules and regulations on file with the commission or for any of the reasons identified below. (1) Applicant's facilities inadequate. The applicant's installation or equipment is known to be hazardous or of such character that satisfactory service cannot be given, or the applicant's facilities do not comply with all applicable state and municipal regulations.(2) Violation of an electric utility's tariffs. The applicant fails to comply with the electric utility's tariffs pertaining to operation of nonstandard equipment or unauthorized attachments which interfere with the service of others. The electric utility shall provide the applicant notice of such refusal and afford the applicant a reasonable amount of time to comply with the utility's tariffs.(3) Failure to pay guarantee. The applicant has acted as a guarantor for another customer and failed to pay the guaranteed amount, where such guarantee was made in writing to the electric utility and was a condition of service.(4) Intent to deceive. The applicant applies for service at a location where another customer received, or continues to receive, service and the electric utility bill is unpaid at that location, and the electric utility can prove the change in identity is made in an attempt to help the other customer avoid or evade payment of an electric utility bill. An applicant may request a supervisory review as specified in § RSA 25.30 of this title (relating to Complaints) if the electric utility determines that the applicant intends to deceive the electric utility and refuses to provide service.(5) For indebtedness. The applicant owes a debt to any electric utility for the same kind of service as that being requested. In the event an applicant's indebtedness is in dispute, the applicant shall be provided service upon paying a deposit pursuant to § RSA 25.24 of this title (relating to Credit Requirements and Deposits).(6) Refusal to pay a deposit. Refusing to pay a deposit if applicant is required to do so under § RSA 25.24 of this title.(b) Applicant's recourse. If an electric utility has refused to serve an applicant under the provisions of this section, the electric utility must inform the applicant of the reason for its refusal and that the applicant may file a complaint with the commission as described in § RSA 25.30 of this title.(c) Insufficient grounds for refusal to serve. The following are not sufficient cause for refusal of service to an applicant: (1) delinquency in payment for service by a previous occupant of the premises to be served;(2) failure to pay for merchandise or charges for non-regulated services, including but not limited to insurance policies, Internet service, or home security services, purchased from the electric utility;(3) failure to pay a bill that includes more than the allowed six months of underbilling, unless the underbilling is the result of theft of service; or(4) failure to pay the bill of another customer at the same address except where the change in identity is made to avoid or evade payment of an electric utility bill.16 Tex. Admin. Code § 25.23
The provisions of this §25.23 adopted to be effective May 6, 1999, 24 TexReg 3315