1794 Termination of utility service to health care facilities

Title 52--PUBLIC UTILITIES

PENNSYLVANIA PUBLIC UTILITY COMMISSION

[L-960115]

[52 PA. CODE CH. 55]

Termination of Utility Service to Health Care Facilities

[26 Pa.B. 5111]

   The Pennsylvania Public Utility Commission (Commission) on March 28, 1996, adopted a final/omitted rulemaking to require utilities to provide advance notice of utility service termination of health care facilities, to the agencies that regulate health care facilities and to the Commission. The public health and safety of patients in health care facilities are called into question when a health care facility is faced with termination of essential utility service, since necessary arrangements for patient transfer prior to shut-down cannot, in all probability, be made within the current minimum 3-day termination period. The contact persons are David Lewis, Chief of Field Services, Bureau of Consumer Services, [phone] and Susan D. Colwell, Assistant Counsel, Law Bureau, [phone].

Executive Summary

   At its public meeting of March 28, 1996, the Commission adopted an order which mandates that utilities provide advance warning of utility service termination to health care facilities in addition to that required under the general regulations, and that the utility also notify the agencies which regulate health care facilities as well as the Commission of the impending termination of service. Such notice is necessary since it is unlikely that a health care facility would be able to transfer its residents or patients within the current minimum 3-day notification period, and a service termination would place the health and safety of the facility's residents or patients in jeopardy.

   A prior submission was published April 3, 1993, and was rejected by the Independent Regulatory Review Commission (IRRC), but the Commission elected to resubmit the regulations with revisions. Since the regulations have already been published and have been the subject to extensive comments of IRRC, the utility industry, health care organizations and State agencies which license health care facilities, the Commission is using the final/omitted procedure.

Regulatory Review

   Under section 5(f) of the Regulatory Review Act (71 P. S. § 745.5(f)), the Commission submitted a copy of these regulations with proposed rulemaking omitted on September 13, 1996, to IRRC and to the Chairpersons of the House Committee on Consumer Affairs and the Senate Committee on Consumer Protection and Professional Licensure.

   On the same date, the regulations were submitted to the Office of Attorney General for review and approval under the Commonwealth Attorneys Act (71 P. S. §§ 732-101--732-506), and to the Office of Budget for fiscal impact. In accordance with section 5(c) of the Regulatory Review Act, these regulations were deemed approved by the House Committee and approved by the Senate Committee on September 25, 1996. These regulations were approved by IRRC on October 3, 1996.

Commissioners present: John M. Quain, Chairperson; Lisa Crutchfield, Vice Chairperson; John Hanger; David W. Rolka, Statement attached; and Robert K. Bloom

Public Meeting held
March 28, 1996

Order

By the Commission:

   By order adopted and entered December 17, 1992, we initiated a rulemaking at Docket No. L-00920071 to adopt regulations which mandate that utilities provide advance warning of utility service termination to health care facilities, to the agencies that regulate health care facilities and to the Commission. The regulations (which required a longer notice period for service termination than the current minimum 3-day period) were undertaken since necessary arrangements for the transfer of residents or patients prior to the shut-down of a health care facility can not, in all probability, be made within the current minimum 3-day period. Notice to the regulatory agencies is necessary for the public good since any health care facility which faces utility service termination places the health and safety of its residents or patients in serious jeopardy. Alternative arrangements for the care of such residents or patients must be assured by the appropriate agencies. The regulations were consistent with the ongoing effort by this Commission to codify our policies for collections.

   The proposed regulations at Docket No. L-00920071 were published for comment at 23 Pa.B. 1580 on April 3, 1993. The Legislative standing committees and IRRC submitted comments, as well as the following parties:

   --Pennsylvania Department of Aging (Aging)

   --Pennsylvania Department of Health (Health)

   --Pennsylvania Department of Public Welfare (Welfare)

   --Hospital Association of Pennsylvania (HAP)

   --Pennsylvania Association of Non-Profit Homes for the Aging (PANPHA)

   --Pennsylvania Association of Resources for People with Mental Retardation (PAR)

   --Pennsylvania Catholic Health Association (PCHA)

   --Pennsylvania Health Care Association (PHCA)

   --York Water Company (York Water)

   --Philadelphia Thermal Energy Corporation (PhiladelphiaThermal)

   --Pennsylvania Telephone Association (PTA)

   --Bell of Pennsylvania (Bell)

   --Bentleyville Telephone Company (Bentleyville)

   --Hickory Telephone Company (Hickory)

   --United Telephone--Eastern (United)

   --Duquesne Light Company (Duquesne)

   --Metropolitan Edison Company and Pennsylvania Electric Company (Met-Ed and Penelec)

   --Pennsylvania Power Company (Penn Power)

   --Pennsylvania Power and Light Company (PP&L)

   --Philadelphia Electric Company (PECO)

   --West Penn Power Company (West Penn)

   --Pennsylvania Gas Association (PGA)

   --Columbia Gas of Pennsylvania, Inc. (Columbia)

   --Equitable Gas Company (Equitable)

   --National Fuel Gas Distribution Corporation (National Fuel)

   --T. W. Phillips Gas and Oil Co. (T.W. Phillips)

   --UGI Utilities, Inc. (UGI)

   The comments and Commission responses were discussed in detail in our final rulemaking order at Docket No. L-00920071 entered April 3, 1995. The final rulemaking order was deemed approved by the Senate Standing Committee, but disapproved on May 23, 1995, by the House Standing Committee. At its May 24, 1995, public meeting, IRRC disapproved the final-form regulations.

   Representatives from the House standing committee, affected utilities and their associations, health care facilities, IRRC and the Commission staff attended a meeting on June 9, 1995, to discuss the issues raised in the IRRC disapproval order. At that session, an agreement in principle was reached as to how to deal with the issues raised by IRRC. Consensus modifications were then reflected in revised final-form regulations approved by order entered June 23, 1995.

   Although IRRC subsequently disapproved the final-form regulations, the Commission elected to proceed with a resubmission (with revisions) in accordance with section 7(c) of the Regulatory Review Act (71 P.S. § 745.7(c)). The Commission therefore had 40 days after IRRC's disapproval to submit the revised final-form regulations to the House and Senate standing committees and to IRRC. Since the Legislature was in summer recess, service upon the Legislature could not be perfected and the regulations were terminated by operation of law.

   Due to the unique circumstances involved in the termination of the prior rulemaking at L-00920071, the Commission believes that it is appropriate to utilize final/omitted procedures to reinitiate our health care facility termination rulemaking. The regulations have already been published in the Pennsylvania Bulletin in proposed form and serious consideration has already been given to the extensive comments filed by IRRC, the utility industry, health care organizations and State agencies which license health care facilities. Thus, all parties subject to the regulations had either actual or legal notice of the rulemaking and the opportunity to comment. See 45 P.S. § 1204(2) (regarding the use of final/omitted rulemaking when all persons subject to the regulations have notice of it). Further, since a consensus opinion was reached as to the substance of the regulations, but revised regulations embodying the consensus could not proceed through the regulatory process due to mere scheduling problems, it is unnecessary, impractical and contrary to the public interest to use the proposed rulemaking procedure again. See 45 P.S. § 1204(3) (regarding the use of final/omitted rulemaking when the agency for good cause finds that the proposed rulemaking procedure is impractical, unnecessary or contrary to the public interest).

   The regulations adopted as set forth in Annex A by this order are essentially identical to those finalized by our order entered June 23, 1995, at Docket No. L-00920071. The only exceptions involve minor editorial changes for purposes of clarification and a change in the definition of ''dispute.'' This definition was changed to eliminate as a ''dispute'' those situations when, with a health care facility's consent, a utility reviews pertinent records and can then satisfy the health care facility through a return telephone call. Service cannot terminate while the facility is awaiting a callback from the utility.

   As stated in our order entered June 23, 1995, the identification of existing facilities under § 55.103(a) (relating to responsibility of identification of health care facilities subject to advance notes) of the regulations will occur in the following manner: before the effective date of the regulations, the Departments of Aging, Health and Public Welfare will provide to the Commission's Bureau of Consumer Services a current listing of health care facilities which those Departments certify or license and which are subject to these regulations. The listings will include, if readily available, the name of an administrator or contact person for each facility. An administrator or contact person so identified will be deemed to be the ''designated individual'' under the regulations unless the health care facility otherwise informs the utility.

   The Commission will have copies of the initial listings available at its Harrisburg office to assist jurisdictional utilities in identifying and coding existing customer accounts as health care facilities. If the regulating agencies can provide the listings in a suitable format, the listings will also be made available electronically on the Commission's Bulletin Board. Affected utilities will have 90 days from the effective date of the regulations to identify their existing health care facility customers.

   The regulations at § 55.103(b) require that a utility only identify nonresidential applicants as new health care facility customers. This procedure should allow utilities to identify the majority of health care facilities. We intend to mail subsequent revised lists (provided by health care regulators) to jurisdictional utilities. If feasible, the revised listings will also be available on the Commission's electronic Bulletin Board. The revised lists should allow utilities to identify those health care facilities receiving service under the residential account classification. Thus, a utility can subsequently code its records in order to assure that all health care facilities receive the additional termination notice mandated by these regulations.

   We believe that our regulations pertaining to the termination of utility service to health care facilities, as discussed in this Order and set forth in Annex A to this Order, are in the public interest. We note, for example, a situation where PECO Energy Inc. voluntarily applied the notice standards established in these regulations, and a payment arrangement was reached for a hospital facing service termination. Additionally, we are concerned that escalating costs in areas affecting health care administration could increase the incidence of service terminations at hospitals and similar facilities. Thus, the procedures established in these regulations, which help to ensure the safety of health care residents and patients during the service termination process, are in the public interest.

   Accordingly, under sections 501, 1501 and 1504 of the Public Utility Code, 66 Pa. C.S. §§ 501, 1501 and 1504; section 204 of the Commonwealth Documents Law (45 P. S. § 1204); and regulations at 1 Pa. Code §§ 7.1--7.4, the Commission adopts as final the regulations at 52 Pa. Code §§ 55.101--55.115 to read as set forth in Annex A of this Order; Therefore,

It is Ordered that:

   1.  The regulations of the Commission, 52 Pa. Code Chapter 55, are amended by adding §§ 55.101--55.115 to read as set forth in Annex A.

   2.  This order, together with Annex A, be published as final in the Pennsylvania Bulletin.

   3.  The Secretary shall submit this order and Annex A to the Office of Attorney General for approval as to legality.

   4.  The Secretary shall submit this order and Annex A to the Governor's Budget Office for review of fiscal impact.

   5.  The Secretary shall submit this order and Annex A for review by the designated standing committees of both Houses of the General Assembly, and for formal review and approval by IRRC.

   6.  The Secretary shall deposit this order and Annex A with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

   7.  This subchapter shall become effective upon publication in the Pennsylvania Bulletin.

   8.  By January 24, 1997, affected jurisdictional utilities shall identify existing health care facility customers protected under the regulations.

   9.  A copy of this order shall be served upon all persons that submitted comments in the rulemaking proceeding at Docket No. L-00920071, and upon all jurisdictional utilities subject to these regulations, the Office of Consumer Advocate and the Office of Small Business Advocate. Alternate formats of this document are available to persons with disabilities and may be obtained by contacting Shirley M. Leming, Regulatory Coordinator, Law Bureau, at [phone], or toll free, the AT&T Relay Center at [phone].

   (Editor's Note: The addition of § 55.115 was not included in the proposal at 23 Pa.B. 1580.)

JOHN G. ALFORD,   
Secretary

Statement of Commissioner David W. Rolka

   I would like to take this opportunity to thank the staff of the Commission and the utility industry for their efforts to amicably resolve the technical and administrative issues previously identified in this proposed rulemaking. I remain concerned that escalating costs in health care administration could increase the incidence of service terminations at hospitals and similar facilities. Thus, the procedures established in these regulations, which help to ensure the safety of health care residents and patients during the service termination process, are in the public interest.

   The history of events leading up to the promulgation of these regulations is adequately addressed in the Order itself and requires no further elaboration. As a witness to the proceedings before the Independent Regulatory Review Commission, I can share my observation that the decision to reject the regulations at that time rested on the understanding that there were as yet unresolved administrative concerns regarding the implementation of the notice requirements. A consensus opinion was reached as to the substance of the regulations after IRRC's disapproval, but time did not permit the continuation of the process. Some utilties, PECO Energy, for example, have voluntarily initiated the procedures called for in the rulemaking. The revisions and clarifications incorporated at this time should clear the path for final adoption and uniform implementation of the regulations.

   (Editor's Note:  For the text of the order of the Independent Regulatory Review Commission relating to this document, see 26 Pa.B. 5181 (October 26, 1996).)

   Fiscal Note:  57-173. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 52.  PUBLIC UTILITIES

PART I.  PUBLIC UTILITY COMMISSION

Subpart C.  FIXED SERVICE UTILITIES

CHAPTER 55.  NONCARRIER RATES AND PRACTICES

Subch.

A.	DISCONTINUATION OF SERVICE
B.	TERMINATION OF UTILITY SERVICE TO HEALTH CARE FACILITIES

Subchapter A.  DISCONTINUATION OF SERVICE

*      *      *      *      *

Subchapter B.  TERMINATION OF UTILITY SERVICE TO HEALTH CARE FACILITIES

Sec.

55.101.	Purpose.
55.102.	Definitions.
55.103.	Responsibility for identification of health care facilities subject to advance notice.
55.104.	Required 37-day notice before termination of service.
55.105.	Required 10-day notice before termination of service.
55.106.	Coordination of termination of utility service with regulatory agencies and termination date.
55.107.	Newly discovered health care facilities.
55.108.	Form of notice.
55.109.	Customer obligation upon receipt of service termination notice.
55.110.	Notice when dispute, informal complaint or formal complaint pending.
55.111.	Days termination prohibited.
55.112.	Use of termination notice solely as collection device prohibited.
55.113.	Exception for terminations based on occurrences harmful to person or property.
55.114.	Inconsistent tariff provisions.
55.115.	Coordination with other regulations.

§ 55.101.  Purpose.

   The purpose of this subchapter is to establish requirements for advance notice to health care facilities, and to the agencies of the Commonwealth that regulate the facilities, of termination of electric, gas, steam heat, water, sewer and local exchange telephone service to health care facilities. Advance notice of the termination of utility services is required so that alternative arrangements for the care of affected patients or residents who are dependent upon others due to permanent or temporary disabilities can be made by affected health care facilities, and by the agencies regulating them, prior to the actual cessation of utility services.

§ 55.102.  Definitions.

   The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

   Bureau--The Bureau of Consumer Services.

   Designated individual--An employe or representative of a health care facility who will act on behalf of the facility to receive and take action on termination notices regarding utility service. The administrator or contact person identified on the listing provided by the Department of Aging, Health or Public Welfare is deemed the designated individual for purposes of this subchapter unless the health care facility specifically identifies a designated individual.

   Dispute--A health care facility grievance regarding subjects such as credit determinations, deposit requirements, the accuracy of meter readings, bill amounts and the proper party to be charged, which remains unresolved after the initial contact or utility follow-up response where the health care facility consents to the utility reviewing pertinent records or other information and calling back. If, at the conclusion of the health care facility's initial contact or the utility follow-up response, the health care facility indicates satisfaction with the resulting resolution or explanation, the contact will not be considered a dispute. A grievance regarding rate or service issues which does not involve potential termination of utility service will not be considered a dispute for purposes of this subchapter.

   Emergency--An unforeseen combination of circumstances requiring temporary discontinuance of service in order to effect repairs or maintenance, or to eliminate an imminent threat to life, health, safety or property.

   Health care facility--

   (i)  Inpatient and residential institutions, including the following, which serve persons who are dependent upon others because of permanent or temporary disabilities:

   (A)  A birth center, hospital or long-term care nursing facility as defined in section 802.1 of the Health Care Facilities Act (35 P. S. § 448.802a).

   (B)  Overnight residential schools, facilities and institutions which provide overnight care for dependent children, adults and mentally retarded persons (such as boarding homes for children, personal care homes, mental health establishments, intermediate care facilities for the mentally retarded and intermediate care facilities for other related conditions, but not child day care centers, adult training facilities, vocational facilities or private homes) which are supervised or licensed under Articles IX and X of the Public Welfare Code (62 P. S. §§ 901--922 and 1001--1059) by the Department of Public Welfare, the Department of Aging or the Department of Health.

   (C)  Domiciliary care homes as defined in section 2202-A of The Administrative Code of 1929 (71 P.S. § 581-2) for which the Department of Aging issues the certificate of operation.

   (ii)  The term does not include boarding schools, dormitories or similar facilities involving community living arrangements. The term does not include separately metered outpatient clinics or other outpatient facilities which are located on the site of an affiliated inpatient or residential health care facility or which are part of a commercial account of an inpatient or residential health care facility.

   Regulatory agency--A governmental agency of the Commonwealth responsible for licensing, approving, supervising or certifying, for reimbursement purposes, health care facilities. Specifically, the Departments of Aging, Health and Public Welfare.

   Termination of service--Cessation of service, whether temporary or permanent, without the consent of the affected health care facility.

   Utility--An entity which provides electric, gas, steam heat, water, sewer or local exchange telephone service subject to the jurisdiction of the Commission.

§ 55.103.  Responsibility for identification of health care facilities subject to advance notice.

   (a)  Utility responsibility for existing customers. The Commission's Bureau will obtain from the Departments of Aging, Health and Public Welfare current listings of the name, address, county, telephone number, and if available, the name of the administrator or contact person for each health care facility licensed by the respective regulatory agency. The Departments of Aging, Health and Public Welfare should each provide to the Commission's Bureau an annual revised and updated listing of licensed health care facilities. Each utility subject to this subchapter is responsible for identifying its customers from these listings and for appropriately coding its records so as to assure compliance with this subchapter.

   (b)  Utility responsibility for new service applicants. When a nonresidential applicant applies for utility service, the utility shall ascertain whether that applicant is a health care facility subject to this subchapter, code its records appropriately if the applicant is a health care facility and identify the name, job title or office, address, telephone number and facsimile number of a designated individual. The utility shall inform the health care facility of its continuing obligation to notify the utility of any change in information regarding the designated individual.

   (c)  Health care facility responsibility. The health care facility is responsible for providing to the utility a copy of its current license or operating certificate issued by its regulatory agency, if requested, so that the utility can verify the identification of the customer as a health care facility. The health care facility is responsible for providing to the utility current information regarding the designated individual, as well as informing the utility of any changes in this information. The health care facility is responsible for providing to the utility documentation and information within 10 days of the utility's request.

§ 55.104.  Required 37-day notice before termination of service.

   (a)  Thirty-seven day written notice to health care facilities. Except when required to prevent or alleviate an emergency, a utility shall, at least 37 days before terminating service to a health care facility, send to the affected facility a service termination notice in the form specified in § 55.108 (relating to form of notice).

   (b)  Thirty-seven day notice to agencies. On the same day that a utility sends the 37-day notice to the health care facility as required by subsection (a), the utility shall also send a copy of the notice to the following:

   (1)  The regulatory agency of the health care facility as identified on the listings available from the Commission's Bureau or from the license or operating certificate provided by the health care facility.

   (2)  The Commission's Bureau.

   (c)  Methods of serving the 37-day notice to health care facilities and to regulatory agencies. Notice to an affected health care facility and involved agencies shall be given in writing using one of the following methods:

   (1)  First class certified mail.

   (2)  Hand delivery with acknowledgment of receipt.

   (3)  Overnight express service with acknowledgment of receipt.

   (4)  Facsimile or other electronic transmission which produces a written copy at the receiving location, if a written confirmatory copy is subsequently dispatched the same day by a method specified in paragraph (1), (2) or (3), and if prior consent is obtained from the health care facility.

   (d)  Health care facilities failure to respond. If a health care facility fails to accept service of the 37-day notice within 10 days after service as specified in subsection (c), the utility shall inform the Commission's Bureau by telephone or facsimile prior to proceeding further with the termination of service. Unless otherwise directed by the Bureau, the utility may then thereafter proceed with termination of service in accordance with this subchapter.

§ 55.105.  Required 10-day notice before termination of service.

   (a)  Ten-day notice to health care facilities. Except when required to prevent or alleviate an emergency, a utility may not terminate service without personally contacting the designated individual, or administrator of the health care facility when no designated individual is identified, at least 10 days prior to the expiration of the 37-day termination notice period required in § 55.104 (relating to required 37-day notice before termination of service). This 10-day notice shall be in addition to the 37-day notice required under § 55.104. To satisfy the requirement of 10-day personal contact:

   (1)  The utility shall contact the designated individual, or the administrator of the health care facility if no designated individual is identified, in person or by telephone. For purposes of this subsection, leaving a message on an answering machine will not be deemed personal contact.

   (2)  If the health care facility refuses to accept personal contact for more than 48 hours, the utility shall so inform the Commission's Bureau by telephone, letter or facsimile before proceeding further with termination of service. Unless otherwise directed by the Bureau, the utility may thereafter proceed with termination of service.

   (b)  Ten-day notice to agencies. On the same date a utility gives the 10-day notice to the health care facility as required by subsection (a), the utility shall also inform the involved regulatory agencies, utilizing a method specified in § 55.104(c).

§ 55.106.  Coordination of termination of utility service with regulatory agencies and termination date.

   The health care facility is responsible for cooperating with the involved regulatory agencies to ensure that there is a safe and orderly transfer of the residents or patients to alternative facilities prior to the scheduled date for termination of service. If residents or patients remain in the health care facility at the end of the 10-day termination period, the utility shall, at the request of the Commission's Bureau, continue to provide service for an additional 30 days or until the Bureau notifies the utility that all residents or patients are removed, whichever occurs first. Unless the Commission's Bureau makes a request, the utility may proceed with termination of service at the end of the 10-day period.

§ 55.107.  Newly discovered health care facilities.

   If a customer which had not been previously identified as a health care facility identifies itself as such in response to a notice of termination, the health care facility shall provide verification of its status to the utility within 3 days after being requested by the utility to do so. If the customer is a health care facility, the utility shall renotify the customer of termination under this subchapter. Thereafter, both the health care facility and the utility shall comply with the applicable provisions of this subchapter. If the customer does not provide the verification within the 3-day period, the utility may proceed with termination of service by serving a 48-hour notice.

§ 55.108.  Form of notice.

   The following form shall be used in providing the 37-day service termination notice required under this subchapter:

SERVICE TERMINATION NOTICE
TO HEALTH CARE FACILITY*

(Name and address of Utility)
 
__________

(Date of notice)
 
__________

(Customer's name)
 
__________

(Customer's billing address)
 
__________

(Customer's phone number)
 
__________

(Customer's account number)
 
__________

   Under rules established by the Pennsylvania Public Utility Commission, we are notifying you that we intend to terminate (type of utility service) service to the premises at (address(es) of location(s) where service is to be terminated) on or after (time of day) on (date of scheduled service termination). This action is being taken because your (name of utility) utility service bill is overdue in the amount of $(amount of overdue balance). You may avoid termination of service BY CALLING YOUR ACCOUNT OR CUSTOMER SERVICE REPRESENTATIVE AT (telephone number of utility account representative), OR VISITING OUR OFFICE AT (utility business office address) to make payment arrangements mutually acceptable to you and us.** Contact us at once if you believe for any reason that your service should not be terminated or if you need further information.

   If after having discussed with us your billing, payment or other problem, you are not satisfied with the resolution proposed by us, YOU HAVE A RIGHT TO CALL THE PENNSYLVANIA PUBLIC UTILITY COMMISSION AT THIS NUMBER (telephone number of the Commission's Bureau of Consumer Services) FOR FURTHER INFORMATION AND ASSISTANCE. The Commission will have staff available to attempt to mediate your billing problem in order to avoid termination of your service. Mediation or negotiation may take considerable time and should not be postponed until just prior to service termination.

   Notice of this termination is being given to the (name of involved regulatory agency) and to the Pennsylvania Public Utility Commission's Bureau of Consumer Services. Please cooperate with them in implementing an orderly shut down plan for your health care facility before the termination date stated above. It is your responsibility to have all patients or residents relocated to other facilities before the scheduled termination date.

                              Sincerely yours,

*  Typeset for heading to be no smaller than 10 point.

**  If termination is for a reason other than an overdue bill, e.g., tampering with company equipment, substitute applicable reason and the action the customer can take to avoid termination.

§ 55.109.  Customer obligation upon receipt of service termination notice.

   Upon receipt of a 37-day service termination notice, a health care facility is expected to immediately contact its regulatory agency and the public utility involved to eliminate the reason for termination, establish payment terms, close down the health care facility or pursue other action as appropriate.

§ 55.110.  Notice when dispute, informal complaint or formal complaint pending.

   A utility may not serve any notice of termination if a dispute, informal complaint or formal complaint has been filed with the Commission and is unresolved if the subject matter of the dispute, informal complaint or formal complaint forms the grounds for the proposed termination. A notice of termination mailed or delivered in violation of this section is void. Pending resolution of a dispute, the utility is entitled to bill for and collect the undisputed portion of its utility bills.

§ 55.111.  Days termination prohibited.

   Except when required to prevent or alleviate an emergency, or upon request of the health care facility, a public utility may not terminate or authorize termination on the following days:

   (1)  On Friday, Saturday or Sunday.

   (2)  On a bank holiday or on the day preceding a bank holiday.

   (3)  On a holiday observed by the public utility or on the day preceding the holiday. A holiday observed by a public utility means any day on which the business office of the public utility is closed for any reason.

   (4)  On a holiday observed by the Commission or on the day preceding the holiday.

§ 55.112.  Use of termination notice solely as collection device prohibited.

   A utility may not threaten to terminate service when it has no present intent to terminate service or when actual termination is prohibited. Notice of the intent to terminate shall be used only as a warning that service will in fact be terminated unless the health care facility remedies the situation which gave rise to the notice.

§ 55.113.  Exception for terminations based on occurrences harmful to person or property.

   When a service termination is undertaken due to a situation which endangers the safety of a person or which may prove harmful to the facilities of the utility, the utility may terminate service without written notice if that the utility reasonably and in good faith believes the basis for termination to exist. At the time of the actual termination, the utility shall make a bona fide attempt to deliver a notice of termination to a responsible person at the affected premises and shall also notify the involved regulatory agency and the Commission's Bureau of Consumer Services.

§ 55.114.  Inconsistent tariff provisions.

   A tariff provision inconsistent with this subchapter will be deemed inoperative and superseded by this subchapter.

§ 55.115.  Coordination with other regulations.

   (a)  Subchapter A (relating to discontinuation of service). With respect to termination of utility service to health care facilities, this subchapter supersedes §§ 55.1--55.3 (relating to definitions; personal contact before utility service discounted; and content of notice).

   (b)  Chapters 56 and 64 (relating to standards and billing practices for residential utility service; and standards and billing practices for residential telephone service).

   (1)  When a dispute, informal complaint or formal complaint is filed, § 56.2 and Chapter 56, Subchapter F (relating to definitions; and disputes; termination disputes; informal and formal complaints) apply for electric, gas, water, sewer and steam heat utilities except to the extent specifically superseded in this subchapter. Section 64.2 and Chapter 64, Subchapter G (relating to definitions; and disputes; informal and formal complaints) apply for telephone utilities except to the extent specifically superseded in this subchapter.

   (2)  With respect to a residential account of a patient or resident in a health care facility, Chapters 56 and 64 apply.

[Pa.B. Doc. No. 96-1794. Filed for public inspection October 25, 1996, 9:00 a.m.]