20-5-107. TO DISCONNECT NO SERVICE DURING COLD WEATHER.

The Commission shall promulgate regulations setting our procedures for an limitations on a utility’s disconnection of residential utility customers who are unable to pay for utility service during cold weather. Such regulations shall include the following:

1. A definition of “cold weather” as being any time the temperature falls below -30 degrees Fahrenheit, including allowance for a wind chill factor.
2. Coverage of any utility customer, whom the utility knows or has reason to know (i) whose household income is less than 185% of the federal poverty level, (ii) is bedridden or is otherwise suffering the effects of a serious, life-threatening disease, or (iii) for whom the disconnection of utility service would have other serious, life-threatening effects.
3. A provision that a customer who pays the utility at least 10% of the customer’s income or the full amount of the utility bill, whichever is less, in a cold weather month cannot be disconnected during that month; provided that for the purpose of this Subsection, the term “customer income” means the actual monthly income of the customer except for a customer who is normally employed only on a seasonal basis and whose annual income is over 135% of the federal poverty level, in which case the customer’s income shall be the average monthly income of the customer computed on an annual calendar year basis.
4. A provision that the 10% figure in Subsection (3) above must be prorated between energy providers proportionate to each provider’s share of the customer’s total energy costs whenever the customer receives service from more than one provider.
5. A provision that a customer’s household income does not include any amount received for energy assistance.
6. Verification of income by the local energy assistance provider, unless the customer is automatically eligible as a recipient of any form of public assistance, including energy assistance, that uses income eligibility in an amount at or below the income eligibility in Subsection (2).
7. A provision that the customer receive, from the local energy assistance provider or other entity, budget counseling and referral to weatherization, conservation, or other programs likely to reduce the customer’s consumption of energy.