PRIA, Government Policy, Made Personal

Summary

State utility regulators (for utilities they oversee) or nonregulated gas companies must make rules about when gas can be shut off. Customers must get reasonable advance notice that explains their rights and how to challenge the shutoff. Customers must have a fair chance to dispute the reasons. If a regulator or the utility decides that cutting gas could be especially dangerous to someone’s health, and the customer shows they cannot pay the bill or can only pay in installments, the company may not cut the gas. The rules must also include fair protections for elderly and disabled customers. The law defines three advertising terms: "advertising" (any commercial message to many people or a utility’s customers), "political advertising" (ads meant to influence public opinion on politics or controversial public issues), and "promotional advertising" (ads meant to get people to use the utility’s service or related equipment). Political and promotional ads do not include six types of messages: tips about saving gas or cutting peak use; ads required by law; notices about outages, safety, or emergencies; job announcements; promotions for energy‑efficient equipment or services; or explanations and notices about rate schedules and hearings.

Title 15, §3204

Commerce and Trade, Source: USLM XML via OLRC

(a)Procedures for termination of gas service

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,

such service may not be terminated.

Such procedures shall take into account the need to include reasonable provisions for elderly and handicapped consumers.

(b)Advertising

(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