Free Motion for New Trial - District Court of Arizona - Arizona

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‘ _ 2. The utility shall not be . quired to restore service until the conditions which resulted in the
e _ termination have been corrected to the satisfaction of the utility.
I 3. Each utility shall maintain a record of all terminations of service without notice. This record
shall be maintained for a minimum of 1 year and shall be available for inspection by the
i Commission.
C. Termination of service with notice
_ 1. in a competitive marketplace, the Electric Service Provider cannot order a disconnect for
r nonpayment but can only send a notice of contract cancellation to the customer and the
i Utility Distribution Company. A utility may disconnect service to any customer for any reason
stated below provided the utility has met the notice requirements established by the
Commission:
a. Customer violation of any of the utllity's tariffs,
g b. Failure of the customer to pay a delinquent bill for utility service,
i c. Failure to meet or maintain the utility's deposit requirements,
l d. Failure of the customer to provide the utility reasonable access to its equipment and
property,
e. Customer breach of a written contract for service between the utility and customer,
- f. When necessary for the utility to comply with an order of any governmental agency having
> such jurisdiction.
2. Each utility shall maintain a record of all terminations of service with notice. This record
shall be maintained for 1 year and be available for Commission inspection.
D. Termination notice requirements A
1. No utility shall terminate service to any of its customers without providing advance written
notice to the customer ofthe utility‘s intent to disconnect service, except under those
conditions specified where advance written notice is not required.
2. Such advance written notice shall contain, ata minimum, the following information:
a. The name of the person whose service is to be terminated and the address where service
is being rendered. `
b. The utility tariff that was violated and explanation thereof or the amount of the bill which
the customer has failed to pay in accordance with the payment policy of the utility, if
applicable. .
c. The date on or after which service may be terminated.
d. A statement advising the customer to contact the utility at a specific address or phone
number for information regarding any deferred payment or other procedures ·which the utility
may offer or to work out some other mutually agreeable solution to avoid termination of the
customer's service.
e. A statement advising the customer that the utility’s stated reason for the termination of
services may be disputed by contacting the utility at a specific address or phone number, ·
_- advising the utility of the dispute and making arrangements to discuss the cause for
termination with a responsible employee of the utility in advance of the scheduled date of
termination. The responsible employee shall be empowered to resolve the dispute and the
utility shall retain the ·option to terminate service after affording this opportunity for a meeting
and concluding that the reason for termination is just and advising the customer of his right to
file a complaint with the Commission.
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Case 2:03-cv-02214 SBB Dv
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E 3. Where applicable, a` Jopy of the termination notice will be simultaneously forwarded to
{ ` - designated third parties.
i E. Timing of terminations with notice
t. Each utility shail be required to give at least 5 days‘ advance written notice prior to the
termination date.
2. Such notice shall he considered to be given to the customer when a copy thereof is left
with the customer or posted first class in the United States mail, addressed to the customers
last known address.
3. if after the period of time allowed by the notice has elapsed and the delinquent account
has not been paid nor arrangements made with the utility for the payment thereof or in the
case of a violation of the utility*s rules the customer has not satisrieo the utility that such
violation has ceased, the utility may then terminate service on or alter the day in the
notice without giving further notice.
4. Service may only be disconnected in conjunction with a personal visit to the premises by
an authorized representative of the utility. __ t _ _
5. The utility shall have the right (hut not the obligation) to remove any or all of its property
installed on the customers premises upon the termination of service.
F. Landlord/tenant rule. In situations where service is rendered at an address different from
the mailing address ot the bill or where the utility knows that a landlorditenant relationship
exists and that the landlord is the customer of the utility, and where the landlord as a
customer would otherwise be subject to disconnection of service, the utility may not
disconnect service until the following actions have been taken:
1. Where it is feasible to so provide service, the utility, after providing notice as required in
these rules, shall offer the occupant the opportunity to subscribe for service in his or her own
name. lf the occupant then declines to so subscribe, the utility may disconnect service
pursuant to the rules.
2. A utility shall not attempt to recover from a tenant or condition service to a tenant with the
payment of any outstanding bills or other charges due upon the outstanding account of the
landlord.
His : Adopted effective March {Supp. . Amended Mooney Gffective .
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R14-2-212. Administrative and Hearing Requirements i
. (35 Page 2 of 3
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Case 2:03—cv—02214-SRB Document
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McDonald, Douglas Nl(H709·r . ,r
From: Wilson, Donald Lee (H981?5)
Sent: Wednesday, February 05, 2003 7:35 PM
To: [email protected]'
Cc: Vega, Jennie A(H96038); McDonald, Douglas lvI(i~l?091?)
Subject: 65524 US Highway 60, Re-establishment of Electrical Service-
To: James Field
From: D.l.. Wilson, Manager
APS La Paz District
1221 Arizona Avenue
‘ Parker, AZ 85344 _
Dear Mr. Field,
Doug McDonald has kept me informed of the situation from the beginning and has forwarded to me copies of your recent
E-Mails regarding your situation at 65524 Hw 50.
l think it would be helpful for me to explain the basis upon which AES disconnected this service and the process that
needs to occur for service to be re-established.
Per the Arizona Administrative Code APS may disconnect service without notice when there exists "an obvious hazard to
the safety or health of the consumer or the general population or the utiiiiy's personnel or facilities". Also per the Arizona
Administrative Code APS may disconnect service with notice 'When necessary for the utility to comply with an order of
any governmental agency having such jurisdiction". Upon receipt of the Abatement order from La Paz County Doug and I
reviewed the situation and agreed that certain conditions did constitute an "obvious hazard" and warranted disconnection
without notice. Had we determined that these conditions did not constitute an "obvious hazard" we would have provided
live days notice as required by the Administrative Code and then disconnected service as required to comply with the
Abatement Order.
Again per the Administrative Code "The utility shall not be required to restore service until the conditions which resulted in
the temwination have been corrected to the satisfaction of the utility". As the conditions which warranted the termination of
service were primarily customer wiring APS does not have jurisdiction for Electrical Code or Building Code compliance.
Therefore our standard that these condwons "have been corrected to me satisfaction of the utility" is a clearance from the
authority having that jurisdiction which in this case is La Paz County plus an inspection ofthe meter panel by APS
personnel after the County clearance is issued to insure compliance with APS requirements. lf you have questions or
concerns regarding the meteréranel, a preliminary inspection of the meter panel may be done by APS personnel at your
request prior to receipt ofthe ounty clearance so that any corrections required may be made in a timely manner to avoid
additional delays in restoration of service.
Our records indimte that you have already been advised that all amounts due on the account as well as a security deposit
must be paid prior to service being restored. If you have anyhquestions on the amounts required, please contact the
Parker office at 928-669-2248 between 8:30 AM and 5:00 P weekdays, or APS representatives that are available 24F?
by calling 800-3%-4815.
in summary the following is needed to re-establish this electrical service:
• Clearance from La Paz County
• APS inspection and acceptance of the meter panel
• Payment of amount due and security deposit
Once these items are completed you can anticipate service being connected by APS, normally within one working day,
Mr. Field, please be assured that we did not take this action without due consideration. l have reviewed your
correspondence as well as the documents APS has received from La Paz County on this niratter. l have found nothing
that indicates our termination of your service was inappropriate or unwarranted. lf you have any questions regarding the
above requirements to restore your electrical service please contact myself or Doug McDonald.
Sincerely,
D.L. Wilson -
1
£_)
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