Section 56.72. Discontinuance of service

A public utility may discontinue service without prior written notice under the following circumstances:

(1) Customer’s residence. When a customer requests a discontinuance at the customer’s residence, when the customer and members of the customer’s household are the only occupants.

(2) Other premises or dwellings. Other premises or dwellings as follows:

(i) When a customer requests discontinuance at a dwelling other than the customer’s residence or at a single meter multifamily residence, whether or not the customer’s residence but, in either case, only under either of the following conditions:

(A) The customer states in writing that the premises are unoccupied. The statement must be on a form conspicuously bearing notice that information provided by the customer will be relied upon by the Commission in administering a system of uniform service standards for public utilities and that any false statements are punishable criminally. When the customer fails to provide a notice, or when the customer has falsely stated the premises are unoccupied, the customer shall be responsible for payment of utility bills until the public utility discontinues service.

(B) The occupants affected by the proposed cessation inform the public utility orally or in writing of their consent to the discontinuance.

(ii) When the conditions set forth in subparagraph (i) have not been met, the public utility, at least 10 days prior to the proposed discontinuance, shall conspicuously post notice of termination at the affected premises.

(A) When the premises is a multifamily residence, notice shall also be posted in common areas.

(B) Notices must, at a minimum, state: the date on or after which discontinuance will occur; the name and address of the public utility; and the requirements necessary for the occupant to obtain public utility service in the occupant’s name. Further termination provisions of this chapter, except § 56.97 (relating to procedures upon customer or occupant contact prior to termination), do not apply in these circumstances.

(C) This section does not apply when the customer is a landlord ratepayer. See 66 Pa.C.S. § § 1521—1533 (relating to discontinuance of service to leased premises).

The provisions of this § 56.72 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; amended April 8, 1983, effective April 9, 1983, 13 Pa.B. 1250; amended October 7, 2011, effective October 8, 2011, 41 Pa.B. 5473. Immediately preceding text appears at serial pages (324550) and (337345) to (337346).

Notation

Authority

The provisions of this § 56.72 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504, 1301, 1305, Chapter 14, 1501 and 1504.

Notes of Decisions

Notice of Discontinuation

In an action in which landlords alleged that the utility’s disconnection of service without notification to them as owners of the property was negligent, unreasonable, and a violation of the Public Utility Commission’s regulations, the court held that this regulation, which permits a public utility to discontinue service without prior written notice when the ratepayer (in this case, the tenants) request discontinuance of service, was reasonable and not an arbitrary execution of the agency’s functions; this court would not rectify a landlord’s failure to protect himself contractually by creating a statutory duty out of whole cloth for public utilities to provide notice to nonratepaying landlords. Rohrbaugh v. Pennsylvania Public Utility Commission, 727 A.2d 1080 (Pa. 1999).

Cross References

This section cited in 52 Pa. Code § 56.2 (relating to definitions); 52 Pa. Code § 56.17 (relating to advance payments); and 52 Pa. Code § 56.93 (relating to personal contact).