Section 56.111. General provision  


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  • A public utility may not terminate service, or refuse to restore service, to a premises when a licensed physician or nurse practitioner has certified that the customer or an applicant seeking restoration of service under § 56.191 (relating to payment and timing) or a member of the customer’s or applicant’s household is seriously ill or afflicted with a medical condition that will be aggravated by cessation of service. The customer shall obtain a letter from a licensed physician verifying the condition and promptly forward it to the public utility. The determination of whether a medical condition qualifies for the purposes of this section resides entirely with the physician or nurse practitioner and not with the public utility. A public utility may not impose any qualification standards for medical certificates other than those specified in this section.

The provisions of this § 56.111 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; amended October 7, 2011, effective October 8, 2011, 41 Pa.B. 5473. Immediately preceding text appears at serial pages (337347) to (337348).

Notation

Authority

The provisions of this § 56.111 amended under Chapter 14 of the Public Utility Code, 66 Pa.C.S. Chapter 14.

Notes of Decisions

Landlord’s Failure to Pay

Emergency provisions found at 52 Pa. Code § § 56.111—56.118 do apply to tenants where service is to be or has been terminated due to the landlord’s failure to pay his bill, and take precedence over the more general Landlord-Tenant provisions of 66 Pa.C.S. § § 1521—1533 (relating to discontinuance of service to lease premises) and the accompanying regulations at 52 Pa. Code § § 56.121—56.126. Tenant Action Group v. Pennsylvania Public Utility Commission, 514 A.2d 1003 (Pa. Cmwlth. 1986).

Nonchronic Illness

Emergency medical provisions, which provide for medical certifications to prevent termination of gas service, apply to long-term and short-term nonchronic illnesses. Jackson v. Pennsylvania Public Utility Commission, 522 A.2d 1187 (Pa. Cmwlth. 1987); appeal denied 536 A.2d 1335 (Pa. 1987).