Section 56.92. Notice when dispute pending

A public utility may not mail or deliver a notice of termination if a notice of initial inquiry, dispute, informal or formal complaint has been filed and is unresolved and if the subject matter of the dispute forms the grounds for the proposed termination. A notice mailed or delivered in contravention of this section is void.

The provisions of this § 56.92 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 page (297130).

Notation

Authority

The provisions of this § 56.92 amended under Chapter 14 of the Public Utility Code, 66 Pa.C.S. Chapter 14.

Notes of Decisions

Notice; Jurisdiction of Commission

When the utility sent a termination notice more than 6 weeks before the petitioner filed his complaint with the Commission, the sending of the termination notice was not in violation of § 56.92. In addition, the sending of the termination notice did not invoke Commission jurisdiction. Gasparro v. Public Utility Commission, 814 A.2d 1282 (Pa. Cmwlth. 2003).

Cross References

This section cited in 52 Pa. Code § 56.11 (relating to billing frequency); 52 Pa. Code § 56.16 (relating to transfer of accounts); 52 Pa. Code § 56.81 (relating to authorized termination of service); 52 Pa. Code § 56.100 (relating to winter termination procedures); 52 Pa. Code § 56.118 (relating to right of public utility to petition the Commission); and 52 Pa. Code § 56.164 (relating to termination pending resolution of the dispute).