TUC.2.4.050 Restrictions on Winter Shutoffs
(a) "Winter Period" under this Section shall mean November 1st through March 31st or any other point in time in which there is reasonably foreseeable likelihood that the average temperature on the Reservation could have life-threatening effects in the absence of a reliable energy source.
(b) A Utility that supplies Energy Utility Service on the Reservation is forbidden from disconnecting or ceasing Energy Utility Service to any household or facility where the Utility knows or has reason to know:
(1) The household income is less than 185% of the federal poverty level;
(2) One or more residents is bedridden or is otherwise suffering the effects of a serious, life-threatening disease; or
(3) The disconnection of Energy Utility Service would have other serious life-threatening effects.
(c) Any customer who pays the Utility at least 10% of the customer's income or the full amount of the Utility bill, whichever is less, during a Winter Period cannot be disconnected during that month; provided that for the purpose of this Section, the term "customer income" means the actual monthly income of the customer except for a customer who is normally employed only on a seasonal basis and whose annual income is over 135% of the federal poverty level, in which case the customer's income shall be the average monthly income of the customer computed on an annual calendar year basis. The 10% figure in cited in this Subparagraph (c) must be prorated between Energy Utilities proportionate to each provider's share of the customer's total energy costs whenever the customer receives service from more than one provider.
(d) If the Commission receives a Complaint alleging violation of this Section, the Commission shall issue an Interim Order within two (2) business days after receipt of the Complaint, in which the Commission shall determine whether the Utility must continue to provide Energy Service pending the outcome of the Complaint. The Commission shall set a forthwith hearing on the Complaint for no more than fourteen (14) days after the Complaint is received by the Commission.