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

Summary

State regulators (for the utilities they control) or a nonregulated gas company must set rules about when gas can be shut off. They cannot cut service unless they first give the customer a fair advance notice that explains the customer's rights and how to challenge the shutoff. If shutting off gas would be especially dangerous to a person’s health, the company must not disconnect service when the customer shows they cannot pay the bill or can pay only by installments. Three terms are defined: "advertising" means commercial messages sent to many people by media; "political advertising" means ads trying to influence opinion about laws, government actions, elections, or major public issues; "promotional advertising" means ads asking people to use the utility’s service or buy related equipment. Political and promotional ads do not include messages about saving gas or reducing peak use, ads required by law (including certain energy conservation notices), notices about outages or safety, job openings, promotions for energy-efficient products, or explanations of rates and hearing notices.

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