1. (a) Disconnection and reconnection policy. Only a transmission and distribution utility, municipally owned utility, or electric cooperative shall perform physical disconnections and reconnections. Unless otherwise stated, it is the responsibility of a retail electric provider (REP) to request such action from the appropriate transmission and distribution utility, municipally owned utility, or electric cooperative in accordance with that entity's relevant tariffs, in accordance with the requirements of the Electric Reliability Council of Texas, and in compliance with the requirements of this section. If a REP chooses to have a customer's electric service disconnected, it shall follow the procedures in this section or procedures that are more generous to the customer in terms of the cause for disconnection, the timing of the disconnection notice, and the period between notice and disconnection. Nothing in this section shall be interpreted to require a REP to disconnect a customer.

2. (b) Disconnection authority.

   1. (1) The provider of last resort (POLR) and, beginning September 24, 2002, any REP may authorize the disconnection of a large non-residential customer, as that term is defined in §25.43 of this title (relating to Provider of Last Resort (POLR)), unless that customer is receiving service under a contract entered into prior to September 24, 2002, the original term of which has not expired at the time transfer to POLR is requested, and if the contract makes no provision for waiver of the customer's right to be transferred to the POLR for non-payment.
   2. (2) Until October 1, 2004, and except as provided in subsection (d) of this section, only the affiliated REP or the POLR may authorize disconnection of residential and small non-residential customers, as those terms are defined in §25.43 of this title. No later than June 1, 2004, commission staff shall file a report with the commission assessing the potential impact on the public interest of authorizing all REPs to disconnect residential and small non-residential customers. On or before October 1, 2004, the commission shall make a determination as to whether authorizing all REPs to disconnect would be contrary to the public interest, taking into consideration such factors as the impact on the retail market as a whole and the likelihood of unauthorized disconnections. If the commission determines that authorizing all REPs to disconnect is not contrary to the public interest, REPs shall have such authority as of October 1, 2004, or another date determined by the commission, and after that date residential and small non-residential customers shall not be transferred to their affiliated REP for non-payment.

3. (c) Disconnection with notice. A REP having disconnection authority under the provisions of subsection (b) of this section, including the POLR, may authorize the disconnection of a customer's electric service after proper notice and not before the first day after the disconnection date in the notice for any of the following reasons:

   1. (1) failure to pay a bill owed to the REP or to make deferred payment arrangements by the date of disconnection stated on the disconnection notice;
   2. (2) failure to comply with the terms of a deferred payment agreement made with the REP;
   3. (3) violation of the REP's' terms and conditions on using service in a manner that interferes with the service of others or the operation of nonstandard equipment, if a reasonable attempt has been made to notify the customer and the customer is provided with a reasonable opportunity to remedy the situation;
   4. (4) failure to pay a deposit as required by §25.478 of this title (relating to Credit Requirements and Deposits); or
   5. (5) failure of the guarantor to pay the amount guaranteed, when the REP has a written agreement, signed by the guarantor, that allows for disconnection of the guarantor's service.

4. (d) Disconnection without prior notice. Notwithstanding any contrary provision of subsection (b) of this section, any REP may, at any time, authorize disconnection of a customer's electric service without prior notice for any of the following reasons:

   1. (1) Where a known dangerous condition exists for as long as the condition exists. Where reasonable, given the nature of the hazardous condition, the REP, or its agent, shall post a notice of disconnection and the reason for the disconnection at the place of common entry or upon the front door of each affected residential unit as soon as possible after service has been disconnected;
   2. (2) Where service is connected without authority by a person who has not made application for service;
   3. (3) Where service is reconnected without authority after disconnection for nonpayment;
   4. (4) Where there has been tampering with the equipment of the transmission and distribution utility, municipally owned utility, or electric cooperative; or
   5. (5) Where there is evidence of theft of service.

5. (e) Disconnection prohibited. A REP having disconnection authority under the provisions of subsection (b) of this section shall not authorize a disconnection for nonpayment of a customer's electric service for any of the following reasons:

   1. (1) Delinquency in payment for electric service by a previous occupant of the premises;
   2. (2) Failure to pay for any charge that is not for electric service regulated by the commission, including competitive energy service, merchandise, or optional services;
   3. (3) Failure to pay for a different type or class of electric service unless charges for such service were included on that account's bill at the time service was initiated;
   4. (4) Failure to pay charges resulting from an underbilling, except theft of service, more than six months prior to the current billing;
   5. (5) Failure to pay disputed charges, except for the amount under dispute, until a determination as to the accuracy of the charges has been made by the REP or the commission, and the customer has been notified of this determination;
   6. (6) Failure to pay charges arising from an underbilling due to any faulty metering, unless the meter has been tampered with or unless such underbilling charges are due under §25.126 of this title (relating to Meter Tampering); or
   7. (7) Failure to pay an estimated bill other than a bill rendered pursuant to an approved meter-reading plan, unless the REP is unable to obtain the meter reading due to circumstances beyond its control.
6. (f) Disconnection on holidays or weekends. Unless a dangerous condition exists or the customer requests disconnection, a REP having disconnection authority under the provisions of subsection (b) of this section shall not request disconnection of a customer's electric service for nonpayment on a holiday or weekend, or the day immediately preceding a holiday or weekend, unless the REP's personnel are available on those days to take payments and request reconnection of service and personnel of the transmission and distribution utility, municipally owned utility, or electric cooperative are available to reconnect service.
7. (g) Disconnection due to abandonment by the POLR. A POLR shall not abandon a customer or a service area without written notice to its customers and approval from the commission, in accordance with §25.43 of this title (relating to Provider of Last Resort (POLR)).

8. (h) Disconnection of ill and disabled. A REP having disconnection authority under the provisions of subsection (b) of this section shall not authorize a disconnection for nonpayment of electric service at a permanent, individually metered dwelling unit of a delinquent customer when that customer establishes that disconnection of service will cause some person residing at that residence to become seriously ill or more seriously ill.

   1. (1) Each time a customer seeks to avoid disconnection of service under this subsection, the customer shall accomplish all of the following by the stated date of disconnection:

      1. (A) Have the person's attending physician (for purposes of this subsection, the "physician" shall mean any public health official, including medical doctors, doctors of osteopathy, nurse practitioners, registered nurses, and any other similar public health official) call or contact the REP by the stated date of disconnection;
      2. (B) Have the person's attending physician submit a written statement to the REP; and
      3. (C) Enter into a deferred payment plan.
   2. (2) The prohibition against service disconnection provided by this subsection shall last 63 days from the issuance of the bill for electric service or a shorter period agreed upon by the REP and the customer or physician.
9. (i) Disconnection of energy assistance clients. A REP having disconnection authority under the provisions of subsection (b) of this section shall not authorize a disconnection for nonpayment of electric service to a delinquent residential customer for a billing period in which the REP receives a pledge, letter of intent, purchase order, or other notification that the energy assistance provider is forwarding sufficient payment to continue service.

10. (j) Disconnection during extreme weather. A REP having disconnection authority under the provisions of subsection (b) of this section shall not authorize a disconnect for nonpayment of electric service for any customer in a county in which an extreme weather emergency occurs. A REP shall offer residential customers a deferred payment plan that complies with the requirements of §25.480 of this title (relating to Bill Payment and Adjustments) for bills that become due during the weather emergency. The term "extreme weather emergency" shall mean a day when:

    1. (1) the previous day's highest temperature did not exceed 32 degrees Fahrenheit, and the temperature is predicted to remain at or below that level for the next 24 hours anywhere in the county, according to the nearest National Weather Service (NWS) reports; or
    2. (2) the NWS issues a heat advisory for a county, or when such advisory has been issued on any one of the preceding two calendar days in a county.

11. (k) Disconnection of master-metered apartments. When a bill for electric service is delinquent for a master-metered apartment complex:

    1. (1) The REP having disconnection authority under the provisions of subsection (b) of this section shall send a notice to the customer as required by subsection (l) of this section. At the time such notice is issued, the REP, or its agents, shall also inform the customer that notice of possible disconnection will be provided to the tenants of the apartment complex in six days if payment is not made before that time.
    2. (2) At least six days after providing notice to the customer and at least four days before disconnecting, the REP shall post a minimum of five notices in conspicuous areas in the corridors or other public places of the apartment complex. Language in the notice shall be in large type and shall read: "Notice to residents of (name and address of apartment complex): Electric service to this apartment complex is scheduled for disconnection on (date), because (reason for disconnection)."

12. (l) Disconnection notices. A disconnection notice for nonpayment shall:

    1. (1) not be issued before the first day after the bill is due, to enable the REP to determine whether the payment was received by the due date. Payment of the delinquent bill at the REP's authorized payment agency is considered payment to the REP;
    2. (2) be a separate mailing or hand delivered notice with a stated date of disconnection with the words "disconnection notice" or similar language prominently displayed;
    3. (3) have a disconnection date that is not a holiday or weekend day, and is not less than ten days after the notice is issued;
    4. (4) include a statement notifying the customer that if the customer needs assistance paying the bill by the due date, or is ill and unable to pay the bill, the customer may be able to make some alternate payment arrangement, establish a deferred payment plan, or possibly secure payment assistance. The notice shall also advise the customer to contact the provider for more information.

13. (m) Contents of disconnection notice. Any disconnection notice shall include the following information:

    1. (1) The reason for disconnection;
    2. (2) The actions, if any, that the customer may take to avoid disconnection of service;
    3. (3) The amount of all fees or charges which will be assessed against the customer as a result of the default;
    4. (4) The amount overdue;
    5. (5) A toll-free telephone number that the customer can use to contact the REP to discuss the notice of disconnection or to file a complaint with the REP, and the following statement: "If you are not satisfied with our response to your inquiry or complaint, you may file a complaint by calling or writing the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas, 78711-3326; Telephone: (512) 936-7120 or toll-free in Texas at (888) 782-8477. Hearing and speech impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. Complaints may also be filed electronically at www.puc.state.tx.us/ocp/complaints/complain.cfm;"
    6. (6) A statement that informs the customer of the right to obtain services from another licensed REP, and that information about other REPs can be obtained from the commission;
    7. (7) If a deposit is being held by the REP on behalf of the customer, a statement that the deposit will be applied against the final bill (if applicable) and the remaining deposit will be either returned to the customer or transferred to the new REP, at the customer's designation;
    8. (8) The availability of deferred payment or other billing arrangements, if any, from the REP, and the availability of any state or federal energy assistance programs and information on how to get further information about those programs; and
    9. (9) A description of the activities that the REP will use to collect payment, including the use of debt collection agencies, small claims court and other legal remedies allowed by law, if the customer does not pay or make acceptable payment arrangements with the REP.
14. (n) Reconnection of service. Upon a customer's satisfactory correction of reasons for disconnection, the REP shall notify the transmission and distribution utility, municipally owned utility, or electric cooperative, within one day, to reconnect the customer's electric service and shall reinstate the service.

Source Note:The provisions of this §25.483 adopted to be effective January 15, 2001, 26 TexReg 125; amended to be effective Spetember 12, 2002, 27 TexReg 8428.