PROTECTIONS AGAINST UTILITY SHUT-OFF

November 15, the start of the winter moratorium on terminating electric and gas service, is fast approaching. This means that utilities will be getting more aggressive in completing terminations by that date.

8 Key Steps

1. GO TO http://www.mass.gov/dte/cmr/220cmr2500.pdf and bookmark this page. It includes the most relevant state regulations governing the billing and termination practices of utility companies. These are referred to as "220 CMR, section (§) *--" because these regulations are in Title 220 of the Code of Massachusetts Regulations.

2. ALWAYS ask your clients if there is ANY person in the household (adult or child) who has a serious illness. Utilities cannot shut-off (and must restore) utility service if anyone in the house has a serious illness. An illness can be physical (pneumonia, etc.) or mental (bipolar), short-term (e.g., flu) or long-term (cancer). The utility company does NOT get to decide what is a serious illness. All you need is a letter from a doctor (and a phone call from the doctor to the company is initially ok, if later followed by a letter). We should expect and demand that utility service be restored the same day (at worst, the next day) whenever we document a serious illness, by phone, fax or letter from a doctor. The regulations are 220 CMR 25.03 (see #1 above). You will also need to document that the client has a "financial hardship" in paying bills. Any client who receives LIHEAP is automatically presumed to have a financial hardship.

3. ALWAYS ask if there is a child under the age of 12 months in the household. A utility company cannot terminate service if there is a young child in the home, and must restore service that has been terminated if the child was in the home at or prior to the time of termination. The child's age can be documented by birth certificate, baptismal certificate, and other reasonable means. "Financial hardship" must also be shown. 220 CMR 25.03.

4. ALWAYS ask if the utility is heat-related. Utilities cannot terminate service that is heat-related (that is, natural gas service, if used to heat the home, or electricity, if the tenant pays for heat because electricity is needed for furnace/boiler controls) between November 15 and March 15, if the household has a "financial hardship." 220 CMR 25.03.

5. ALWAYS ask if your client is on the low-income discount rates. Many clients will not know this; ask for a copy of the bill and see if the rate says "discount" or "low-income." When in doubt, call the company to see if your client is on the rate. Many advocates have been able to get their clients on the rate retroactively to the date that the client became income eligible. This can be extremely helpful if the client has been terminated and owes a large amount. The retroactive discount rate credit can substantially reduce or even eliminate the arrearage. Discount rates are mandated by law, and all companies have them. Any client on LIHEAP is eligible for the discount.

6. ALWAYS check whether your clients are on "standard offer" rather than "default" service. Your clients usually will not know, but the bills should clearly state either "standard" or "default." This is important because standard offer is generally cheaper, and low-income clients have the right to get on standard offer at any time. (There are restrictions on which non low-income clients can be on standard offer). Moving someone onto standard offer from default can lead to a retroactive credit on the bill, which, again, can be very helpful to a client whose service has been terminated and who owes a large amount.

7. Remember that all clients are entitled to payment plans. This allows a client who is behind on her bills to spread the payments over several months. If the client has NOT yet been terminated, the company MUST offer a payment plan of AT LEAST four months. Some payment plans go 12 months or longer. If the client has been terminated, the rules are not as favorable, and are strictest during the fall (because the winter moratorium is about to begin and companies are most aggressive in trying to shut off service).

8. ALWAYS remember that you can make a difference!

-Adapted from an e-mail attributed to Charles Harak, Esq., National Consumer Law Center, forwarded by Pat Baker, Mass. Law Reform Institute, 10/28/04.