CHAPTER III
CUSTOMER SERVICE POLICIES

3.4 Service Disconnection Procedures.

a. Disconnection of service to customers for nonpayment of a bill or deposit shall be in accordance with the following procedures:

1. The Utility shall make a reasonable attempt to affect collection.
2. The Utility shall give written notice to the customer and, where applicable, the person or agency designated by the customer to receive such notice that service will be disconnected if the account is not settled within twelve (12) calendar days from the date of notice. Notice shall include a written summary of the rights and remedies available to avoid disconnection in accordance with IUB mandated language. The written notice shall also include a telephone number where a utility representative qualified to provide additional information about the disconnection can be reached. Each utility representative must provide his/her name to the caller, and have immediate access to the most current and detailed information available concerning the customer’s account and previous contacts with the utility.
3. The Utility may allow settlement of the account to include an agreement for payment of the past due amount over a specified period.
4. The Utility shall give the customer a reasonable opportunity to dispute the reason for disconnection to the utility. If the matter cannot be satisfactorily resolved, the customer may appeal to the City’s Hearing Officer or to the utility division, as provided in subsection 3.7.c.
5. If no effort has been made on the part of the customer to pay the past due amount or dispute the account, the Utility shall issue a two-day disconnection notice, with service to be disconnected at the end of the two days. The notice shall be posted on the property and a $10 posting fee shall be charged. When disconnecting service, the utility shall make a diligent attempt to contact, by telephone or in person, the individual or agency responsible for payment of the bill to inform the customer of the pending disconnection and his or her rights and remedies. If an attempt at personal or telephone contact is unsuccessful and the customer is living in a rental unit, the utility may attempt to contact the landlord, if known, to determine if the customer is still in occupancy and, if not in occupancy, his or her present location. A landlord so contacted shall also be informed of the date when service may be disconnected.
6. For residential customers only, during the period from November 1 to April 1, if the attempt at customer contact fails, the premises shall be posted with a notice informing the customer of the pending disconnection and rights or remedies available to avoid disconnection. The notice shall be posted at least two days prior to disconnection.
7. For residential customers only, during the period from November 1 through April 1, the utility shall give the customer twelve days from the date the disconnect notice was mailed to apply to the local community action agency for low-income energy assistance or weatherization assistance as provided in part b of this section. This applies only to the utility that is the source of heat (electric or gas) and not to the water, solid waste, or telecommunications utility service, which can be disconnected in accordance with paragraph 5 above.
8. Disconnection of a customer’s service may not take place on a weekend, a holiday, nor after 2:00 p.m. unless the utility is prepared to reconnect the same day. A $10 disconnection fee or trip charge shall apply if the utility person either physically travels to the premises or does disconnect one or more utilities, per combined utility for delinquent accounts only.

b. Exceptions to Disconnection of Service.

1. Financial Difficulty A residential account holder may avoid disconnection by providing confirmation of financial difficulty and entering into a reasonable payment agreement. Payment Agreements will be provided as follows:
   1. A residential customer who has been disconnected or is about to be disconnected due to the inability to pay in full, will be offered the opportunity to enter into a reasonable agreement to pay the delinquent bill unless the customer currently has such an agreement. The agreement shall be in writing and shall be signed by a party for the utility and by the customer or a party for the customer. A signed copy of the agreement shall be provided to the account holder.
   2. The utility may require the account holder to provide confirmation of financial difficulty prior to entering into an agreement. Confirmation may be written acknowledgement from the Iowa Department of Social Services, a legal guardian, or another individual or agency at the discretion of the Utility.
   3. Reasonableness of the agreement shall be determined by considering the current household income of the customer, the customer’s ability to pay, the size of the bill, the customer’s payment history (including prior defaults on similar agreements), the time and cause of an outstanding bill, and any special circumstances creating extreme hardship within the household. The agreement shall require the customer to bring the account to a current status by paying specific amounts at scheduled times over a period of at least twelve months. Appendix A shall be utilized to assure compliance with the above paragraph.
   4. The Utility will not offer a second payment agreement to a customer who currently has an existing agreement.
   5. Payment agreements shall include provisions for the payment of current bills pursuant to provisions of a level payment plan.
   6. Whenever possible, the Utility shall attempt to reach a mutually acceptable payment agreement with the customer. If the attempt fails and the customer offers a payment agreement, which the Utility intends to refuse, the customer shall be provided a written explanation of the reason for refusal within thirty days of the mailing of the initial disconnect notice. A customer may protest the refusal by filing a written complaint, including a copy of the refusal, with the Iowa Utilities Board within ten days after written refusal by the Utility. A reasonable agreement may be amended at the discretion of the Utility upon request of the account holder. Default of the agreement by the customer renders the customer subject to the disconnection in accordance with procedures specified in section 3.4 a, except that the twelve day notice provision shall not apply.
   7. Failure to enter into a reasonable payment arrangement will result in disconnection as provided in the original notices (without further written notice as permitted by law).
2. Weather Forecast. Disconnection of a residential customer’s gas and/or electric service who has entered a reasonable payment agreement may not take place, where gas or electricity is used as the only source of space heating or to control operate the only space heating equipment at the residence, on any day when the National Weather Service forecast for the following 24 hours covering the area in which the residence is located includes a forecast that the temperature will fall below 20 degrees Fahrenheit. In any case where the Utility has posted a disconnect notice in compliance with subsection 3.4 Part a, but is precluded from disconnecting service because of a National Weather Service forecast, the Utility may immediately proceed with appropriate disconnection procedures, without further notice, when the temperature in the area where the residence is located rises to above 20 degrees Fahrenheit, unless the customer has paid the past due amount in full or is entitled to postponement of disconnection under some other rule. This shall apply only to gas and/or electric service and shall not apply to water, wastewater, garbage collection or any telecommunication utility service.
3. Health of a resident. Disconnection of a residential customer shall be postponed if the discontinuance of service would present a special danger to the health of any permanent resident of the premises. A special danger to health is indicated if one appears to be seriously impaired and may, because of mental or physical problems, be unable to manage his or her own resources, carry out activities of family living or protect oneself from neglect or hazardous situations without assistance from others. Indicators of an especial danger to health include but are not limited to: age, infirmity, or mental incapacitation; serious illness; physical disability, including blindness and limited mobility; and any other factual circumstances which indicate a severe or hazardous health situation. The utility may require written verification of the special danger to health by a physician or public health official. The written verification shall include: (1) the name of the person endangered, (2) a statement that he or she is a resident of the premises in question, (3) the name, business address, and telephone number of the certifying party, (4) the nature of the health danger and (5) approximately how long the danger will continue. Initial verification may be by telephone if signed written verification is forwarded to the utility within 5 days. Verification shall postpone disconnection for thirty days; however, the postponement may be extended by a renewal of the verification. In the event service is terminated within fourteen days prior to verification of illness by or for a qualifying resident, service shall be restored to that residence if a proper verification is made thereafter in accordance with the foregoing provisions. The customer must enter into a reasonable agreement for the retirement of the unpaid balance of the account within the first thirty days and keep the current account paid during the period that the unpaid balance is to be retired. This shall not apply to any telecommunication utility service.
4. Eligibility for Winter Energy Assistance (November 1—April 1) (For Residential Customers only) If the utility is informed by the Community Action Agency that the customer’s household may qualify for winter energy assistance or weatherization funds, there shall be no disconnection of service for thirty days from the date of application, to allow the customer time to obtain assistance. Disconnection shall not take place from November 1 through April 1 for a resident who is a head of household and whose eligibility for either the low-income home energy assistance or weatherization assistance program has been certified to the utility by the Community Action Agency. A notice describing availability of energy assistance funds and application procedures shall be published in a local newspaper of general circulation or mailed directly to all residential customers by November 1 of each year by the City. This shall apply only to gas and electric services, and shall not apply to water, wastewater, garbage collection or any telecommunications utility service.
5. Disputed Bill In the event there is a dispute concerning a bill for utility services, the customer may avoid disconnection by prompt payment of the undisputed portion of the bill and by filing a statement with the Utility of the reasons upon which the dispute is based. The Utility will delay disconnection pending settlement of the disputed portion of the bill as outlined in Section 3.4a.