Chapter
182
2005 -- H 6511 SUBSTITUTE A AS AMENDED
Enacted 07/06/05
A N A C T
RELATING TO PUBLIC
UTILITIES AND CARRIERS -- DUTIES OF UTILITIES AND
CARRIERS
Introduced By: Representatives Handy, Slater, Williams, E Coderre, and Almeida
Date Introduced: May 19, 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.
(c) The commission shall promulgate such further rules and regulations as are
necessary
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
(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 customer 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 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)(B) and (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.
Commission.
SECTION
2. This act shall take effect upon passage and shall expire on November 1,
2006.
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LC03318/SUB A/2
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