§3204 — Title 15 Commerce and Trade | U.S. Code

Summary

Requires state regulators or nonregulated gas companies to make rules about cutting off gas service. The rules must say a customer cannot have gas stopped unless they get a fair advance notice that explains their rights and how to challenge the shutoff. The rules must also cover times when stopping gas would be especially dangerous to health. In those dangerous periods, if a customer shows they cannot pay or can pay only in installments, the rules must give them extra protection. Defines three terms in simple ways: "advertising" means any commercial messages sent to many people; "political advertising" means ads trying to influence public opinion on laws, government actions, elections, or big public issues; "promotional advertising" means ads encouraging people to use the utility’s service or related appliances. Political and promotional ads do not include things like tips on saving gas, ads required by law, notices about outages or safety, job listings, ads for energy‑efficient products, or explanations or notices about rates and hearings.

Title 15, §3204

Commerce and Trade — Source: USLM XML via OLRC

(a)The procedures for termination of service referred to in section 3203(b)(1) of this title are procedures prescribed by the State regulatory authority (with respect to gas utilities for which it has ratemaking authority) or the nonregulated gas utility which provide that—

(1)no gas service to a gas consumer may be terminated unless reasonable prior notice (including notice of rights and remedies) is given to such consumer and such consumer has a reasonable opportunity to dispute the reasons for such termination, and

(2)during any period when termination of service to a gas consumer would be especially dangerous to health, as determined by the State regulatory authority (with respect to each gas utility for which it has ratemaking authority) or nonregulated gas utility, and such consumer establishes that—

(A)he is unable to pay for such service in accordance with the requirements of the utility’s billing, or

(B)he is able to pay for such service but only in installments,

(b)(1)For purposes of this section and section 3203 of this title—

(A)The term “advertising” means the commercial use, by a gas utility, of any media, including newspaper, printed matter, radio, and television, in order to transmit a message to a substantial number of members of the public or to such utility’s gas consumers.

(B)The term “political advertising” means any advertising for the purpose of influencing public opinion with respect to legislative, administrative, or electoral matters, or with respect to any controversial issue of public importance.

(C)The term “promotional advertising” means any advertising for the purpose of encouraging any person to select or use the service or additional service of a gas utility or the selection or installation of any appliance or equipment designed to use such utility’s service.

(2)For purposes of this section and section 3203 of this title, the terms “political advertising” and “promotional advertising” do not include—

(A)advertising which informs natural gas consumers how they can conserve natural gas or can reduce peak demand for natural gas,

(B)advertising required by law or regulation, including advertising required under part 1 of title II of the National Energy Conservation Policy Act [42 U.S.C. 8211 et seq.],

(C)advertising regarding service interruptions, safety measures, or emergency conditions,

(D)advertising concerning employment opportunities with such utility,

(E)advertising which promotes the use of energy efficient appliances, equipment or services, or

(F)any explanation or justification of existing or proposed rate schedules, or notification of hearings thereon.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Energy Conservation Policy Act, referred to in subsec. (b)(2)(B), is Pub. L. 95–619, Nov. 9, 1978, 92 Stat. 3208. Part 1 of title II of the National Energy Conservation Policy Act was classified generally to part A (§ 8211 et seq.) of subchapter II of chapter 91 of Title 42, The Public Health and Welfare, and was omitted from the Code pursuant to section 8229 of Title 42 which terminated authority under that part June 30, 1989. For complete classification of this Act to the Code, see

Short Title

note set out under section 8201 of Title 42 and Tables.

§3204 Special rules for standards