UTILITY SHUT-OFF PROTECTION

 

These advocacy tips come courtesy of our collaboration with Greater Boston Legal Services- the SEALS program. Thanks to Ambika Panday, Attorney/Equal Justice Works Fellow.

Under Massachusetts' Winter Moratorium on utility service termination, companies are prohibited from terminating heat, electricity, and gas service, if it is used for heat or to activate a heating system, between November 15 and March 15 each year for customers who are unable to pay their overdue bills due to financial hardship.

As the end of this year's Winter Moratorium nears, it is important to explore other protections that prevent service termination or help restore service for low-income households.* Massachusetts General Law, Ch. 164, section 124A, provides that "no electric company shall shut off or fail to restore gas or electric service in any residence during such time as there is a serious illness therein, provided that the customer cannot afford to pay any overdue bill because of a financial hardship." Many families who are protected under the Winter Moratorium may avoid service termination, or restore already terminated service, due to the "serious illness" of someone in their household.

To secure shut-off protection or restore service due to "serious illness" of someone in the household, a customer must prove inability to pay bills due to financial hardship. The Massachusetts Department of Public Utilities (DPU) considers any family living at or below 200% of the Federal Poverty Level (FPL) as automatically qualifying for "Financial Hardship." But families with slightly higher income may also demonstrate Financial Hardship.

To prove "Financial Hardship", consumers must fill out a Financial Hardship form (each company uses a different one) and send it to the utility company. Financial Hardship forms must be renewed quarterly.

Next, the consumer must inform the utility company that a serious illness in the household exists. The consumer or her doctor can relay this information initially over the phone. Making the call will stop any pending termination for seven days only; this 7-day moratorium is helpful, though, because it gives the consumer more time to get a doctor's letter that attests to the existence of a "serious illness" in the household. A letter is required in order to secure shut-off protection (or restore terminated service) for 30 days or longer.

The serious illness letter must only state that a serious illness exists in the household; the text of the letter should include the term "serious illness." There is no requirement that the letter demonstrate that utility service is needed to treat a serious illness; nor is the doctor required to explain how the illness is serious (see a sample letter).

Utility companies must accept a letter from a doctor stating that there is a "serious illness in a household" as conclusive proof that a serious illness exists. An illness does not need to be life-threatening to be a "serious illness." For example, doctors often write letters for clients who have depression or Attention Deficit Disorder. If the serious illness is chronic, the doctor should say so in the letter.

The serious illness letter should be sent to the utility company directly by mail (or by fax if service termination is imminent). Submitting the letter and the financial hardship form protects the consumer from service termination for 30 days only. The letter can be "renewed" every 30 days as long as the illness persists. If the illness is chronic, the letter need only be renewed quarterly.

If, even after submitting the financial hardship form and a "serious illness letter," a consumer's service is terminated, the consumer or person helping the consumer should contact the utility company's consumer affairs department and speak to someone directly. See example of a successful "serious illness letter" and sample of the financial hardship form used by National Grid.

Securing shut-off protection or having service restored due to a serious illness in the household does not reduce the amount of a consumer's debt to the utility company. Neither does it absolve the consumer of an outstanding balance on a bill. So it is important to remind consumers to pay down their bills to utilities companies when possible in order to avoid service termination if and when a protection expires.

For more information on utilities advocacy, check out the National Consumer Law Center's "Utilities Advocacy for Low-Income Households in Massachusetts, 2nd Edition," available online at www.masslegalservices.org.  

*In early February, Governor Patrick requested the Department of Public Utilities (DPU), which enforces the Winter Moratorium and other protections, to extend the Moratorium through May 1 due to the unusually high cost of gas this year. The DPU is investigating whether it can extend the Moratorium and, at the time this article was published, had not yet made a decision. For updates on the Winter Moratorium, visit the DPU website at www.mass.gov.  

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