A.
The subject of this section is the Borough Light and
Power Department initiated disconnection of electric service.
B.
Policy. Consistent with the laws of the Borough of
Lehighton and in conformity with the powers granted to it under the
Commonwealth of Pennsylvania Borough Code,[1] the right is reserved to discontinue electric service
to a customer and to reenter the premises of the customer for the
purpose of removing Borough-owned equipment in the case of nonpayment
of amounts due or paying with a bad check, circumstances constituting
an emergency situation, violations of the Borough Light and Power
Department rules or fraudulent tampering with a meter, connection
or other equipment of the Light and Power Department.
[1]
Editor's Note: See 53 P.S. § 45101
et. seq.
C.
Procedure for disconnection for nonpayment. Prior
to service disconnection, the Light and Power Department personnel
shall ascertain that the customer is in violation of this policy.
The following conditions and procedures shall be followed when disconnection
of service is warranted by the Borough Light and Power Department
under this policy:
(1)
The regular billing of the customer shall set forth
a date upon which the account is due and payable.
(2)
When payment is not received by the stated due date,
a delinquent notice shall be mailed to the customer within 20 days
thereafter, giving:
(3)
When payment is not received by the end of the stated
ten-day period in the delinquent notice, a representative of the Light
and Power Department shall deliver a notice of intention to disconnect
service, giving the date three days hence when the disconnection will
occur; the notice shall be left at a clearly visible location on the
customer's premises. The representative of the Light and Power Department
shall make a written record of these efforts, notices and conversations.
D.
Exceptions. Nonpayment shall not be cause for disconnection
of service under the following circumstances:
(1)
When the customer claims inability to pay an outstanding
bill in full but pays a reasonable portion of the outstanding amount
due, agrees to pay all future bills as they become due and agrees
to pay a reasonable portion of the outstanding bill in installments
until it is fully paid. In the event that the customer breaches such
an agreement or accord, the account may be disconnected without further
notice.
(2)
When the customer informs the Light and Power Department,
in writing, that he disputes liability for any part of the bill as
rendered or disputes the Light and Power Department's right to disconnect.
The customer shall be advised that the bill should be paid in full
to prevent disconnection. Payment in full may be made under protest.
Upon payment of the bill in full, the Light and Power Department shall
instigate a full investigation of the customer's claim.
(3)
When the Light and Power Department is in receipt
of a certification from registered physician that a seriously ill
person resides in the abode receiving service. This certification
shall include the nature of the illness and its likely duration, and
be renewed every 30 days.
E.
Procedure for disconnection for other reasons.
(1)
Disconnection without notice. The Light and Power
Department reserves the right to discontinue the supply of electric
service to any customer or customers without notice for any of the
following reasons:
(a)
For fraudulent representation as to the use
or class of electric service.
(b)
Where the customer's equipment or wiring or
the Light and Power Department's equipment or lines are creating or
contributing to a seriously hazardous condition.
(c)
For tampering with any service wires, meter,
seal or any other facilities belonging to the Light and Power Department.
(d)
For repairs or emergency maintenance of the
Light and Power Department's facilities.
(e)
For unavoidable power shortages, low primary
voltage or interruption of the Light and Power Department's source
of power.
(f)
When necessary to protect the Light and Power
Department from theft, fraud or abuse.
(g)
Upon obvious vacation of the premises by a customer
who is delinquent in his bill payment, thereby terminating the customer's
contract with the Light and Power Department.
(h)
For an unauthorized electrical connection.
(i)
The use of equipment which adversely affects
the Light and Power Department's service to its other members.
(j)
Upon the customer's failure to update his or
her temporary service to permanent service or to otherwise fail to
make appropriate arrangements to do so with the Light and Power Department.
A.
The subject of this section is third-party notice.
B.
Policy. Customers who are physically or mentally handicapped
shall be provided a means whereby a third party will be notified in
the event that electric service is to be terminated for nonpayment
of the electric bill or other just cause.
C.
Procedure.
(1)
Unfortunately, some customers may not be fully aware
of the consequences of a disconnect notice or may be physically handicapped
so as to be unable to answer the door when a call is made by the Light
and Power Department personnel to disconnect electric service. These
persons or another acting in their behalf may request that a third
party be notified before electric service is disconnected.
(2)
The Borough Manager is authorized to establish a procedure
whereby a third party will be notified in the event that service is
to be terminated for nonpayment of an overdue electric bill if it
has been determined that the customer residing therein is mentally
or physically handicapped.
(3)
Any customer acting on his own or another acting on
his behalf may request that a third party be notified before electric
service is terminated. The Borough Manager shall cause an investigation
to be made to determine if the affected customer falls within the
guidelines of this policy. If a determination is made that physically
disconnecting the electric service may prove an undue hardship to
a person or persons residing within a dwelling because of a physical
or mental handicap, a medical seal shall be affixed to the meter in
a prominent place. This decal shall be an alert to Light and Power
Department personnel that a disconnect will not be made without first
securing complete approval from the Borough Manager. The Borough Manager
shall, in turn, contact the third party and alert him to the fact
that a disconnect of service is imminent.
(4)
Although a third party may be notified that a disconnect
is pending, a notice does not place any financial obligation on that
party to pay the bills for others nor will it prevent disconnection
if payment is not made.
A.
The subject of this section is disconnecting electric
service to a tenant or second party for nonpayment of the electric
bill by a customer/landlord.
B.
Policy. In order to prevent undue hardship to a resident
of a dwelling, other than a customer, the following written or personal
notices of the proposed disconnection of electric service shall be
delivered.
C.
Procedure. When a determination has been made that
electric service should be terminated for nonpayment of the amount
due by a landlord of a dwelling occupied by a tenant or when service
is requested to be disconnected by a member to a dwelling occupied
by persons other than the customer making the request, the following
procedures shall be followed:
(1)
The customer/landlord or his agent shall be notified
of the proposed disconnection, in writing, by certified mail or personal
service at least 37 days prior to the proposed date of disconnection.
This notice shall include:
(a)
The amount owed by the customer/landlord.
(b)
The date on which service will be disconnected
if payment is not made.
(c)
The date after which the Light and Power Department
will notify the tenants of the proposed disconnection, as provided
below.
(d)
Information to the effect that the customer/landlord
has an obligation, under the Utility Service Tenants Rights Act, Act
299 of 1978,[1] to provide the Light and Power Department with the name
and address of every affected tenant within seven days of this notice.
[1]
Editor's Note: See 68 P.S. § 399.1
et seq.
(2)
Each tenant, so identified or likely to be affected
by the proposed disconnection, shall be notified, in writing, by regular
mail or personal service at least seven days after notice to the customer/landlord,
and at least 30 days before the date of proposed disconnection. This
notice shall include:
(a)
The date after which service will be disconnected.
(b)
The amount due for the thirty-day period preceding
this notice to the tenants.
(c)
Information to the effect that the tenant or
tenants have a right under the Utility Service Tenants Rights Act[2] to circumvent discontinuance of the service by payment
to the Light and Power Department by check or money order of an amount
equal to the amount due from their landlord for a thirty-day period
preceding this notice.
[2]
Editor's Note: See 68 P.S. § 399.1
et seq.
(d)
Information to the effect that the tenant has
the right to deduct the amount of any direct payment to the Light
and Power Department from any rent payment then or thereafter due.
(e)
The telephone number of the Light and Power
Department office and a notice that they may call for further explanation
or additional information.
(3)
The following agencies shall be notified of a proposed
disconnection of service, in writing, at the time of delivery of notice
to the tenant or tenants.
(a)
The Police Department serving the community
in which the affected premises are located.
(b)
The municipal County Public Health Department
or, in the event that such a department does not exist, the Department
of Health office responsible for the county in which the affected
premises are located.
A.
The subject of this section is winter disconnection
policy.
B.
Policy. In order to prevent undue hardship during
winter months, the following procedure for an opportunity for hearing
shall be followed.
C.
Procedure for winter disconnection for nonpayment.
The Lehighton Borough Council has provided that in order to afford
a customer an opportunity to be heard at a service termination hearing,
in addition to the procedure for disconnection for nonpayment, for
proposed disconnections for the period of December 1 to March 30,
prior to any termination of service the customer may appear before
the President of Council and the Utility Committee as a matter of
right to be heard and to have a final determination of the matter.
The Committee, in making its decision by a majority vote, shall consider
among the following factors: the customer's ability to pay; the length
of the arrearage; the customer's past payment history; and the amount
of the arrearage. Under this policy, the decision of the President
of Council and the Utility Committee shall be final and binding.
