i ‘ 2. The utility shalt not .equired to restore service until the conditions which resulted in the
{ . · 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 _
shalt be maintained for a minimum of i year and shall be available for inspection by the
Commission.
C. Termination of service with notice
1. in a competitive marketplace. the Electric Service Provider cannot order a disconnect for
nonpayment but can only send a notice of contract cancellation to the customer and the
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 vioiation of any ofthe utility's tariffs,
b. Failure of the customer to pay a delinquent bill for utility service.
c. Faiiure to meet or maintain the utility's deposit requirements,
ci. Failure ot the customer to provide the utility reasonable access to its equipment and
PFOPBNY.
e. Customer breach ot a written contract for service between the utility and customer,
- f. When necessary for the utility to comply with an order of any govemmenital agency having
> such jurisdiction.
2. Each utility shall maintain a record of all terminations of service with notice. This record
shall be maintained for t year and be available for Commission inspection.
D. Termination notice requirements
t . 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. at a 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 ofthe bill which
the customer has failed to pay in accordance with the payment policy of the utility. if
appiicable. .
c. The date on or after which service may be terminated.
d. A statement advising the customer to contact the utility at a specitic address or phone
number for information regarding any deferred payment or other procedures which the utiiity
may offer or to work out some other mutually agreeaoie 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 utiiity of the dispute and making arrangements to discuss the cause for
termination with a responsible employee of the utility in advance of the scheduled tate of
termination. The responsible empioyee shalt be empowered to resolve the dispute and the
utility shail retain the-option to terminate senrice 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.
. Page 1 of 3
-2 Filed 06/26/2006
Case 2:03-cv-02214-SRB Document 239
r - ’ ip
• 3. Where applicable, a‘ Lpy of the termination notice will be simultaneously forwarded to
§ S designated third parties.
{ E. Timing of terminations with notice
l. Each utility shall be required to give at least 5 days' advance written notice prior to the
termination date.
2. Such notice shall be 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. lf 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 satisfied the utility that such
violation has ceased. the utility may then terminate service on or after the day specified 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. __ _ _ _
5. The utility shall have the right (but not the obligation) to remove any or all of its property
installed on the customers premises upon the termination of service.
F. Landlordltenant rule. ln situations where service is rendered at an address different from
the mailing address of the bill or where the utility knows that a landlord/tenant relationship
exists and that the landlord is the customer of the utility, and where the landlord as a
customer would othenrvise be subject to disconnection of service. the utility m = y not
disconnect senrice until the following actions have been taken:
t. Where it is feasible to so prvvide 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. if 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.
EUUFBBI :Adoptoo effective (Supp. - . Brrrergenoyacdcn octr·v¤` .
:.rrs=.rant r§?tmn.s. 5 41-1026, in e'lf1e.¢;tt=:‘1or2’a;ri·§¢·nwn Emergency hmenzrroht :3 msn}
arnenummeuooeieoeesmbefar. rsee Su .98-4 .Amsn¤eim¤¤ne¤rsubse¤1r¤¤
?)sii°pnp'?tsls.i4p;@°mr:nm¤ bycxompt mlemeking acute. 41tio,girP¤ouve)o
Ar-ram Prozedure Adwatghb me mtugslxnv. Artem Go}nin|sslon,1?it Ani-. zieere P.2dd3%T
(App.1992}).¤s determined bytheC¤rporatr¤r•C¤nmle;ion. This ermemptionmeansltrattite nrlesesarnendeovvere not
approved by the Altomey General.
R14-2-212. Administrative and Hearing Requirements
- Page 2 of 3
-2 Filed 06/26/2006
Case 2:03-cv—02214-SRB Document 239
McDonald, Douglas M!g0917) E
From: I I I Wilson, Donald Lee (H98175)
Sent: Wednesday, February U5, 2003 7:35 PM A
` Ee-;a?S§g;?r%t?AiiI!gg038 ‘ Mc:D0naid Douglas M(H70917}
-..oject: 65523 US Highway SU, gte-estabIishn1ent of Electrical Service
To: James Field
From: D. L. Wilson, Manager
APS La Paz District 0
1221 Arizona Avenue
Parker, AZ 85344
Dear Mr. Fueid, .
Doug_McDonaid has kept me infomied ofthe situation from the beginning and has forwarded; to me copies of your recent
E—Ma1ls regarding your situation at 65524 Hw 60.
I think it would be helpful for me to explain the basis upon which AES disconnected this service and the process that
needsto 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 ofthe consumer or the generaipopulation or the ut1iaty'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 tggesmatgon agg thuzigtcehrtain coggiiicns §\$Ut\IYB ¤&'0bvi¤uS hazard" t:g__d v£arrant|3dhd`
no . awe rmi eseco an" usaza wewou ave vided
Eve days notice as required by the Administrative Code and then disconnected service as required to comply the
Abatement Order.
Again per the Administrative Code "The utiiity shall not be required to restore service untii theeeonditions umich resulted in
the termination havghiaeen corrected ro of irge utgztggb Aguthée mnditiuggd which Biwarranted the termination of
‘ ·ewereprima' customerwiring oesno ve uris _ n eor uiIdmg' Codeem-np1¤‘ me
xr staundardnttszialfthugese conditiehns 'have beenP to the satisfaction 01;,%,; utiiity" is e glgaranee {mm the
- ...o ng at'u ‘ 'n ' in iscaseis a az pusenrnspectnon` ` ez APS
personnel after the Ciaunty clearance is issued to insure compliance with APS requirements. if you Rgve qtuyestions or
concems regarding the meterpenel, a preliminary inspection of the meter panel may be done by APS personnel t your
. request prior tn receipt of the County clearance so that any corrections required may be made in a timely manner to avoid
additional delays in restoration of service.
Our geéomsd indicate that youbtgave alrsiadgdbeen advhiged that all amounts dl}: on the esccountgas welt as a securing.;-ieposit
mus 'priortoservnce ingresor . ou vean qu ' on amoun requ:red' ,pIeesecontact
Parker eggs at 928-669-2248 between 8:30 Aid, and 5:00 PK/I weekdays. ct APS representatives that are available 24I?
by calling 800-333-4815.
in summary the following is needed to re-establish this electrical service: -
• Clearance from La Paz County
• QPS inspelfction and acoeptelnoe 0:3:% meter panel
• ayment amount due an secu ' eposit ·
Once these items are completed you oars 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. I have reviewed your _
correspondence as well as the documents APS has received from La Paz County on this matter. I have found nothing
that indicates our termination of your service was inappropriate or unwarranted. f you have any questions regarding the
above requirements to restore your electrical service please contact myself or Doug McDonald.
Sincerely,
D.L. Wilson - _
1
Case 2:03-cv-02214-SRB Document 239-2 Filed 06/26/2006 Page 3 of 3
Case 2:03-cv-02214-SRB
Document 239-2
Filed 06/26/2006
Page 1 of 3
Case 2:03-cv-02214-SRB
Document 239-2
Filed 06/26/2006
Page 2 of 3
Case 2:03-cv-02214-SRB
Document 239-2
Filed 06/26/2006
Page 3 of 3
United States Free Forms
Canada Free Forms
United Kingdom Free Forms
Australia Free Forms