21.05.080 Disconnection During Cold Weather

The Commission shall promulgate rules governing disconnection of residential utility customers who are unable to pay for utility service during cold weather to include the following:

(a) Coverage of customers whose household income is less than one hundred eighty five percent 185% of the federal poverty level;

(b) A provision that a customer who pays the utility at least ten percent (10%) of the customer's income or the full amount of the utility bill, whichever is less, in a cold weather month cannot be disconnected during that month;

(c) A provision that the ten percent (10%) figure in Subsection (b) above must be prorated between energy providers proportionate to each provider's share of the customer's total energy costs whenever the customer receives service from more than one provider;

(d) A provision that a customer's household income does not include any amount received for energy assistance;

(e) Verification of income by the local energy assistance provider, unless the customer is automatically eligible as a recipient of any form of public assistance, including energy assistance, that uses income eligibility in an amount at or below the income eligibility in Subsection (a); and

(f) A provision that the customer receive, from the local energy assistance provider or other entity, budget counseling and referral to weatherization, conservation, or other programs likely to reduce the customer's consumption of energy. For the purpose of Subsection (b), the "customer's 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 one hundred thirty-five percent (135%) of the federal poverty level, in which case the customer's income is the average monthly income of the customer computed on an annual calendar year basis.