The Massachusetts Department of Telecommunications and Energy (DTE) administers consumer protection regulations that prevent certain customers from having their utilities shut off throughout the year. According to DTE regulations, electric, gas, and telephone companies can only shut off a person's services for three reasons: (1) a customer has not paid her/his bills within 45 days of the due date, (2) the customer requests that the service be disconnected, or (3) there is a safety concern such as a gas leak or an electrical problem. In the case of overdue bills, the first step the customer must take to ensure continuous service is to file a financial hardship form with the utility company. Financial hardship, as defined by the DTE, means that the person is unable to pay her/his bill and has an income of less than 200% of the federal poverty level (FLP) - $17,960 for an individual. If a person has an income higher than 200% of the FPL, the utility company has discretion to identify the person as having financial hardship. Additionally, any client who cannot pay her bill may automatically have financial hardship status if she receives state assistance such as MassHealth or Food Stamps. It is necessary to contact the individual utility company because the specific state assistance programs considered de facto evidence of hardship vary from one company to the next.

Once this form is filed, a person is protected from utility shut off if one or more of the following conditions exists in addition to financial hardship: (1) a household member is seriously ill, (2) a member of the household is 12 months old or younger, or (3) the utility is necessary for heat and it is between November 15 and March 15. If these conditions exist and the customer has documented these conditions with the utility company, the utility company may not shut off service, or must restore service.

There are other options to lower monthly bills for those who do not meet the above circumstances. All utility companies are required by DTE regulations to make budget or payment plans available to customers with overdue bills. The utility company's credit department determines a payment schedule. This schedule is based on a number of factors and varies by company. The company may require a down payment before setting-up a payment plan. The utility company has the final word in what is a reasonable payment plan. The utility company also has the power to sever services if the payment plan is broken (unless the customer has filed financial hardship and has one or more of the circumstantial factors described above).

DTE's Consumer Division is available to assist customers in any disputes that may arise between the customer and the utility company, but it is best to contact them only after dealing directly with the utility company. For more information, visit DTE's Consumer Division's web site: www.state.ma.us/dpu/news/city.htm.