1. (a)

   1. (1) Electric and gas utilities may not suspend residential service on a day when the National Weather Service forecasts that a temperature of thirty-two degrees Fahrenheit (32° F) or lower will occur at any time during the following twenty-four-hour period.
   2. (2) The utility must obtain the most current forecast for the customer’s weather zone from the National Weather Service reports on the morning of the day that the customer’s shut off is scheduled.

2. (b) Gas utilities may not suspend residential gas service during the suspension moratorium period of November 1 to March 31 for low-income customers subject to the following terms and conditions:

   1. (1) The term “low-income customers” includes any individual gas utility customer of record who is approved to receive either food stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the Transitional Employment Assistance Program, Medicaid, or LIHEAP assistance;

   2. (2)

      1. (A) To avoid a suspension of gas service, such customer must directly notify the gas utility before the suspension date indicated on a received shut-off notice or before the receipt of a shut-off notice that they are approved to receive either food stamps, the Special Supplemental Nutrition Program for Women (WIC), the Transitional Employment Assistance Program, Medicaid, or LIHEAP assistance.
      2. (B) Official written proof of such approval must be provided by such customer directly to the gas utility within fourteen (14) days of the date of the initial notice to the gas utility;

   3. (3)

      1. (A) Such customer must execute a written Suspension Moratorium Agreement (SMA) with the gas utility obligating the customer to make a minimum monthly payment for gas service during the suspension moratorium period.
      2. (B) Said minimum monthly payment shall be:

3. (i) Equal to the minimum monthly payment that otherwise would be required under the gas utility’s approved voluntary “average monthly billing plan” or “levelized payment plan”; and

   1. (ii) Payable on the customer’s normal monthly payment due date;

   2. (4)

      1. (A) Such customer also must agree to and execute a delayed payment agreement (DPA) covering the cumulative deferred monthly bill amounts for the period November 1 to March 31, as well as any past due amounts owing at the time of execution of the SMA.
      2. (B) Such customer must timely pay the total deferred billing amounts in seven (7) equal monthly installment payments to be made April through October.
      3. (C) Interest shall not begin to accrue on any deferred amount until repayment of the deferred amount begins.
      4. (D) Payments under the DPA shall be in addition to the normal monthly billed amounts during the seven-month DPA term;
   3. (5) In the event of misuse, fraud, or failure to make required monthly payments under the provisions of this subsection by such customer, the gas utility may initiate Arkansas Public Service Commission-approved service suspension procedures notwithstanding the provisions of subdivision (b)(6) of this section;
   4. (6) In the event of a service suspension pursuant to the provisions of subdivision (b)(5) of this section, such customer will not be allowed to again claim the service suspension moratorium protection of this subsection until all past due amounts owed to the gas utility have been paid in full; and
   5. (7) If necessary to preserve and protect the public safety, the gas utility may initiate emergency suspension procedures notwithstanding the provisions of this subsection until such time as the specific public safety issue has been satisfactorily resolved.

Codification Notes: This section was promulgated as Rule 6.15 of the General Service Rules prior to codification in the Code of Arkansas Rules. "LIHEAP" means Low Income Home Energy Assistance Program.