1. (a) This section only applies to residential customers.

2. (b) Identification of the elderly and individuals with disabilities. Utilities shall attempt to identify eligible individuals by informing them that a special program is available for customers who qualify under this section and shall then ask qualifying applicants or customers whether they wish to be registered as provided in this section:

   1. (1) When an applicant requests service;
   2. (2) When asked if there are options for elderly customers and customers who are individuals with disabilities; and
   3. (3) When contacted by a customer about suspension.

3. (c) Customer contact.

   1. (1) At least seventy-two (72) hours before suspending service to the account of an identified elderly or individual with disabilities, a utility must make two (2) attempts at different times of day to contact the customer, an adult at the premises, or someone previously designated by the customer, either in person or by telephone.

   2. (2) If the attempt to contact is successful, the utility shall:

      1. (A) Offer to explain to the customer, an adult at the premises, or someone previously designated by the customer what can be done to avoid suspension; and
      2. (B) Offer to explain the payment and assistance options set out in subsection (d) of this section.

   3. (3)

      1. (A) If the attempt to make personal contact with the customer, an adult at the premises, or other designated individual is not successful, the utility must give twenty-four (24) hours’ written notice, which explains what can be done to avoid suspension, before suspending service.
      2. (B) If the utility delivers the notice to the customer’s premises, the utility must leave the notice in a conspicuous place where the notice is easy to see.
      3. (C) If the utility mails the notice, the twenty-four (24) hours begins three (3) calendar days after the date the notice is postmarked.
      4. (D) The utility must send the notice to the customer’s address by first-class mail.

4. (d) Payment and assistance options. When an identified elderly customer or customer who is an individual with disabilities tells a utility they cannot pay a bill on time, or upon contacting an identified elderly customer or individual with disabilities under subsection (c) of this section, the utility shall offer to:

   1. (1) Arrange a delayed payment agreement, or, for electric and gas utilities, arrange for levelized billing;
   2. (2) Explain the right to third-party notice before suspension of service; and
   3. (3) Provide the names of federal, state, and local bill payment assistance agencies.

5. (e) Records.

   1. (1) A utility shall mark the accounts of identified elderly customers or customers who are individuals with disabilities.
   2. (2) Utilities shall keep a record as required by 23 CAR § 455-702 of how they handled overdue accounts of elderly customers and customers who are individuals with disabilities.

6. (f) Hot weather protection.

   1. (1)

      1. (A) An electric or gas utility shall not suspend residential service to an elderly customer or customer who is an individual with disabilities on a day when the National Weather Service forecasts that a temperature of ninety-five degrees Fahrenheit (95° F) or higher will occur at any time during the following twenty-four-hour period.
      2. (B) For gas utilities, hot weather protection shall be limited to elderly or individuals with disabilities air conditioning customers only.
   2. (2) The utility must obtain the 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.
7. (g) False information. If a customer gives false information to a utility to qualify as elderly or an individual with disabilities, the utility may suspend service under 23 CAR § 455-601(7).

Codification Notes: This section was promulgated as Rule 6.18 of the General Service Rules prior to codification in the Code of Arkansas Rules.