I. INTRODUCTION

     Consumer Rights and Responsibilities has been prepared by the New Hampshire Public Utilities Commission (PUC) to serve as a summary of the various Commission rules governing gas, electric and steam consumer rights and responsibilities. This pamphlet is intended to assist you, the consumer, in understanding your rights. It is also anticipated that this summary will provide the utility companies with answers to the most commonly asked questions. Since this pamphlet is the PUC's interpretation of its own rules, it will be presumed valid except when shown to be in conflict with the Commission's Rules and Orders. The Commission continually reviews the effects of its rules on both the customer and utilities and, there-fore, rule changes may be made to better serve both parties. Efforts will be made to notify customers of any major rule change not reflected in this pamphlet. If such a conflict arises, the Commission Rules and Orders will always prevail. Although this pamphlet covers a number of topics, it is important to remember that many questions and problems commonly confronting the consumer may be easily resolved by a call to the utility.

                                           

I. INTRODUCTION

II. YOUR RIGHTS AND RESPONSIBILITIES. . . . . . . . . . Page 1

A. BILLING AND INFORMATION ABOUT RATES . . . . . . . . . . Page 1

B. METERING EQUIPMENT . . . . . . . . . . Page 1
     1. Meter Testing . . . . . . . . . . Page 2
     2. Access and Tampering. . . . . . . . . . Page 2

C. YOUR BILL . . . . . . . . . . Page 3

D. DEPOSITS . . . . . . . . . . Page 3
     1. When Deposits are Required . . . . . . . . . . Page 3
     2. Handling of Deposits . . . . . . . . . . Page 4
     3. Substitutes for Cash Deposits . . . . . . . . . . Page 5

E. DISCONTINUATION OF SERVICE AND TERMINATIONS . . . . . . . . . . Page 5
     1. Customer Initiated . . . . . . . . . . Page 5
     2. Company Disconnection . . . . . . . . . . Page 6
          a. Notice Required . . . . . . . . . . Page 6
          b. No Notice Required . . . . . . . . . . Page 6
          c. Overdue Bills (Arrearage) . . . . . . . . . . Page 6
          d. Medical Emergencies . . . . . . . . . . Page 7
          e. Pre-Disconnection Conferences and Dispute Resolving . . . . . . . . . . Page 7
          f. Special Payment Arrangements . . . . . . . . . . Page 8

F. WHEN YOU HAVE BEEN DISCONNECTED . . . . . . . . . . Page 9
     1. Getting Service Reconnected . . . . . . . . . . Page 9
     2. Assistance Programs . . . . . . . . . . Page 9
     3. Special Winter Disconnection Protection . . . . . . . . . . Page 10
     4. Protection Against Threats of Disconnection . . . . . . . . . . Page 11

G. SPECIAL PROTECTION FOR TENANTS WITH MASTER METERED UNITS . . . . . . . . . . Page 11

H. POWER OF THE COMMISSION TO SUSPEND DISCONNECTIONS . . . . . . . . . . Page 12

I. PENALTY FOR BAD CHECKS . . . . . . . . . . Page 12

J. CONSULT YOUR UTILITY . . . . . . . . . . Page 12

K. YOUR COMMENTS . . . . . . . . . . Page 12

Upon request, your utility company is required to help you select the best rate available to you. The utility will, upon request, explain to you how they read meters and how they use that information to compute your bill. Additionally, your utility is required to include a copy of the rate schedules under which you are billed on its bill form, or a note that such schedules will be provided upon request.

When you have a question about your bill you should contact the utility company immediately. Many problems can be resolved in this manner. If you have any problem, complaint or concern that you do not feel has been handled adequately by your utility, the PUC Consumer Assistance Department is available to help you. The toll-free number of the PUC Consumer Assistance Department is l-800-852-3793. This Department can be reached Monday through Friday from 8:00 a.m. - 4:30 p.m., except on holidays. All notices of termination must include the Consumer Assistance Department's number.

In addition to supplying you with a copy of the rates that apply to you, once and thereafter upon request, the utility is also required each year to supply you with a complete listing of all the rate schedules applicable to the major classes of customers. This includes a description of the rates paid by commercial users, industrial users, etc. When a utility applies to the Commission for a general rate increase request it must notify you directly of the proposed rates within thirty (30) days (or sixty (60) using bi-monthly billing) with the next bill sent to you. The above mentioned information will be explained to you in a foreign language by a company employee, where appropriate, and upon request.

B. METERING EQUIPMENT

The metering equipment the utility uses to calculate your bill indicates the number of kilowatt hours (KWH) of electricity or the number of cubic feet (cf) or hundred cubic feet (ccf) of gas registered as consumed.

     1. Meter Testing. Most meters tested are found to be accurate. A sudden increase in your bill is most likely caused by some other factor.

Utilities are required to test their meters according to a schedule specified by the Commission. If you suspect your meter is not recording accurately, you may ask your utility to check it. The utility must act within fifteen (15) days of the date you make the request.

An electric utility is required to obtain a fifteen dollar ($15.00) deposit before performing any test. A gas utility is required to obtain as much as a thirty dollar ($30.00) deposit before performing the test. The requirements for electric and gas meter tests are different 8nd you should ask your company about what they are allowed to charge for a meter test.

If an electric meter is found to be in error by more than 3%, your deposit will be refunded. If your meter has been registering too much electricity, the utility may owe you money. If it has not been registering enough electricity, you may owe the utility more money. Refunds or sur-charges due to fast or slow meters are allowed under specific Commission rules, but only if the meter is tested and found to be more than 3% in error. For gas meters, the same conditions apply, however the acceptable error will be no more than 2%. The test of an electric meter must be made with the meter at its existing location (your home). Gas meter tests must be done at the company service departments. You or your representative may be present when the test is made, and you may also request that a representative of the Commission be present. A report is required of all meter tests and you must be provided with a copy.

     2. Access and Tampering. If a customer unreasonably refuses access to his or her premises for the necessary inspection of utility property, the utility may terminate service after proper notice. Utilities are also

Tampering with metering equipment or other equipment owned by the utility is grounds for disconnection without notice and is a criminal offense. Also, tampering with or the destruction of utility property may be a civil offense and is a criminal offense even when there is no actual theft of utility service.

C. YOUR BILL

Billing for utility service must occur at regular intervals. Each utility is required to keep an accurate account of all charges billed to each customer and must maintain records showing information from which each bill may be readily computed. When you receive your bill, it should contain the following information from which you may compute your bill:

(1) The beginning and ending meter readings;
(2) The number of KWH's or cubic feet of gas registered as consumed;
(3) The date of the last meter reading;
(4) The approximate date of the next meter reading;
(5) Any multiplier used to calculate your bill. In some cases a meter measures l/l0 of actual usage. Therefore, a bill multiplier of ten (10) would be used to charge for actual usage.
(6) Late charges, if any;
(7 ) If the bill is based upon an estimate of consumption, that should be stated; and
(8) Any special charges or recoupments, such as a fuel adjustment, purchase power adjustment or nuclear decommissioning charge.

The utility is required to keep records for two (2) years of iinformation from which each bill may be readily computed. It is required to pprovideyou, once a year, a schedule of how your bill is determined. It is also required to provide you a record of your actual consumption and an aaccuratelist of all charges during the past twelve (12) months if you ask for it.

D. DEPOSITS

     1. When Deposits are Required. Your utility is allowed to require cash deposits from you before providing service in the following situations. For Existing service a deposit may be required:

For New service, a cash deposit may be required:

(a) If you are requesting new residential service and you have an undisputed overdue balance owed to a gas or electric utility which was generated within the past three (3) years;
(b ) If at any time during the past two (2) years a utility has obtained a court judgement against you on a delinquent account;
(c) If any other similar type of utility has disconnected service to you because you diverted service or otherwise tampered with a meter within the last six (6) years; and
(d) Residential customers who can not prove their intention to rremainat the same address for twelve (12) consecutive months may be required to place a deposit; however, if they have not been delinquent in paying their bill with a similar type utility within the previous six (6) months, no deposit may be required.

A utility may require a cash deposit or guarantee in these and other special situations which are subject to conditions and terms approved by the N.H. Public Utilities Commission. A utility may not require a deposit or other guarantee based upon income, residential location, race, color, home ownership, creed, sex, marital status, age, or national origin.

2. Handling of Deposits. When the rules require the posting of a cash deposit, then that deposit is subject to certain conditions. No deposit shall be less than ten dollars ($10.00) nor more than the bill for two (2) high use billing periods. However, the highest use period is not used in ccalculatingthe amount of the deposit. If you are a new customer, an estimate will have to be used.

Deposits, plus any interest due, and minus any amount due and owed to the utility, must be refunded to you within sixty (60) days after service is discontinued or when the residential customer has paid the utility bills on a timely basis for a period of twelve (12) consecutive months. At such time you may request to have the deposit plus interest credited toward your bill. If your account has been discontinued, interest ceases to be accumulated as of the date of termination.

A utility must provide each customer making a cash deposit a receipt containing, as a minimum, the customer's name, the place, the date and amount of payment. Utilities are also required to keep records of all ddeposits

3. Substitutes for Cash Deposits. If you cannot provide a cash deposit, the utility will agree to accept the irrevocable written guarantee of a responsible third party that states that they will agree to be held liable for your account. The guarantee must be in writing and must state all of its terms, including the maximum amount guaranteed. It also must state that the party issuing the guarantee will not be held liable for sums in excess of the guaranteed amount unless agreed to in a separate written guarantee. For residential customers, when all bills have been paid on time for twelve (12) consecutive months, credit will be established for you. The person guaranteeing your account will then be released from any liability.

If you have a dispute with the utility concerning a deposit you may ask the PUC for help in settling it. It is important to note that once such a dispute has been referred to the PUC, service will not be terminated ppendingthe Commission's action.

E. DISCONTINUATION OF SERVICE AND TERMINATIONS

1. Customer Initiated. If you are planning to move, you should give the utility four (4) business days notice of the date you want to tterminateyour service. This will insure you will not be held responsible for any charges on that account after the expiration of the notice period. You must also provide access to your premises to allow the utility to disconnect your service.

a. Notice Required. The utility is required to give notice of its intent to discontinue service if the reason for that disconnection is that you have failed to pay a bill which has been outstanding for more than twenty-five (25) days, and is fifty dollars ($50.00) or more, unless that bill has in whole or part been due for sixty (60) days or more, and the utility has made a proper demand for that payment. The utility must also give notice of its intent to disconnect when you have failed to pay within a reasonable time any deposit; or you unreasonably refuse access to your premises for a necessary inspection of utility property. If you fail to meet the terms of a payment agreement entered into because of a disconnect notice, the ccompanyis allowed to immediately act upon the disconnect notice without having to provide another fourteen (14) day notice.

If the utility intends to disconnect your service, according to the rules of the N.H. Public Utilities Commission, it must send written notice to you of its intent to disconnect, postmarked at least fourteen (14) days before the proposed disconnect date. All notices to residential customers must be accompanied by the NHPUC statement 'Important Notice-Your Rights" which explains to you how you may appeal your disconnection if you feel it is unreasonable. The notice should also state the toll-free number of the PUC Consumer Assistance Department (l-800-852-3793).

b. No Notice Required. A utility may stop service to ccustomerswithout notice if the customer has tampered with utility equipment resulting in unauthorized or fraudulent use of electricity or gas. AAdditionally the utility may disconnect service without notice if there is a clear and present danger to life, health, physical property or utility service to others. If a customer has clearly abandoned the premises, the utility will also ddisconnectservice.

c. Overdue Bills (Arrearage). All bills are due by the due date printed on the bill. After twenty-five (25) days, if they have not been paid, then they are considered to be in arrears. If you find that you fall behind on your utility bills in the winter and have to struggle during the summer months to pay it off, you might want to consider getting on a bbudgetbilling plan. Call your utility and ask if they can develop a plan for you. Budget billing allows you to pay the same amount for your utility service each month all through the year. In the summer you will pay for more service than you are using and so will build up a credit balance which will balance out in the winter months when you are paying for less service

If you have an unpaid bill for merchandise or appliances you bought from your utility, the utility may not disconnect your service for nnon-paymentof this bill. The utility may only disconnect your service for reasons relating to your basic electric or gas services. If you are billed monthly and do not receive a regular utility bill, it is your responsibility to contact the company and find out why you did not receive a bill. Otherwise, you may incur late charges for non-payment.

d. Medical Emergencies. If the utility has been advised within the preceding thirty (30) days by a registered physician that a mmedicalemergency exists at your premises or would result from the ddisconnectionof service, then the utility may not disconnect your service. This nnotificationby the doctor may initially be made orally. However, that nnotificationshall only remain in effect for seven (7) days, unless the utility receives a subsequent written notice of the medical emergency from the doctor. To guarantee continued protection, this written notice should be renewed monthly for as long as the medical emergency exists. As with all ttemporaryrelief under this section, medical emergencies do not relieve you of the obligation to pay your utility bills, and you must negotiate a repayment schedule with the utility.

e. Pre-Disconnection Conferences and Dispute Resolving. You may request a conference with the utility prior to the scheduled date of disconnection. If you call one or two days prior to the proposed termination date, then the conference shall be scheduled within three (3) business days of the request. You may decide whether the conference is to be conducted in person or by telephone. Service will not be ddisconnectedbetween the time of request for a conference and the time of the conference. If the customer calls to request a conference on the day disconnection is scheduled, it is too fare for the customer to avoid ddisconnectionand the company may proceed with execution of their notice. If a conference had been requested prior to the disconnection date and rthecustomer fails to attend on the date established for this conference, the company may proceed with their disconnection schedule.

The utility will continue service for five (5) days after their conference with you, or the date you receive the utility's final decision, or the proposed date of disconnection specified in the disconnect notice, whichever is later. The utility shall make a memorandum regarding the outcome of each cconference Should a commission staff conference be requested, the utility

When you have requested a conference with a PUC staff member the utility must continue your service at least until the staff member determines whether the disconnection is justified.

f. Special Payment Arrangements. If you cannot pay an arrearage, the utility will continue to serve you if you agree to each of the four (4) following conditions:

(1) Pay a reasonable portion of the arrearage; and
(2) Agree to pay the balance of the arrearage in reasonable installments; and
(3) Request a conference in accordance with the Commission's rules; and
(4) Agree to pay all current bills as well as all "future current" bills within thirty (30) days of the postmarked date until the arrearage is eliminated. "Future current" bills refer to those bills which include a portion of the arrearage plus any amount due under the new bill.

Before you contact the utility to arrange a payment agreement, you should know your monthly income and expenses and know how much you can afford to pay. The utility must consider many things in deciding if your payment offer is reasonable. The utility must consider your ability to pay, the size of the bill, the estimated size of future bills, your payment history, how long the bill had been owed, the reason why the bill is overdue and whether the reasons will continue to affect your ability to make payments. Depending upon the circumstances, the utility may condition service on a payment arrangement at less than monthly intervals until the arrearage is made up.

All payment agreements will be in writing with copies going to both you and the utility.

If you and the utility cannot come to an agreement on a payment plan, you may request a conference with a staff member of the PUC.

A utility may disconnect residential service between the hours of 8:00 a.m. and 3:30 p.m. Monday through Thursday. Your service may not be disconnected on any day before a holiday or when a utility's business offices are closed to the public, unless special arrangements are made with you or the PUC. Before disconnecting service, the utility employee performing the disconnection must notify an adult at your home. If there is no adult at your home, the employee shall leave a sealed note which ccontainsinformation as to how you may be reconnected. If the employee arrives at your home to disconnect service, and you make a full payment to prevent disconnection, then the employee must either accept the payment, give you a receipt and leave the service intact, or, without disconnecting, the employee must direct you to the nearest agency of the utility to pay the bill. Remember that the employee should know the full amount owed the utility, but is not required to make change for you or negotiate a payment agreement with you. Utilities are required to follow these procedures no more than twice in any twelve (12) month period on any account.

1. Getting Service Reconnected. If service has been disconnected, the utility will restore service promptly upon your request when the cause of the disconnection has been corrected. They may charge you for rreconnectingyour service. The utility will attempt to restore service during the business hours of the day you make the request. If you request that sservicebe reconnected at other than regular business hours, the utility shall, in good faith, attempt to make the reconnection. However, the utility is not required to reconnect at other than business hours unless a medical eemergencyexists or the Commission orders it to do so. The utility is allowed to charge a higher reconnection fee if they reconnect at other than normal business hours according to provisions of their tariff. No reconnection fee may be charged if service was disconnected in violation of Commission rules.

2. Assistance Programs. Utility companies are required to mmaintaina list of at least three (3) social service agencies or organizations which may be able to provide assistance with energy payments. Utility company personnel are generally familiar with the eligibility requirements of the aagenciesand will refer you to one of them if you are having trouble paying your bills. If a social service agency agrees to pay your current bills, it will notify the company. The company will then allow three (3) business days for administration by the agency. Your service will continue during this period and service will not be shut off unless the social service agency notifies the utility that assistance cannot be provided. Once the utility has been noti-

Disconnection notices are not to be sent to you if your bill is being paid by a fuel assistance program, pprovidedthat your assistance has not been exhausted. Utilities participating in federal fuel assistance programs such as Home Energy Assistance Program (HEAP) or any similar pprogram shall give you receipts for vouchers received as payment towards your utility bill.

3. Special Winter Disconnection Protection. During the winter period, December 1 through March 31, special Winter Rules apply. These winter rules override conflicting regular rules. An arrearage resulting from non-payment of bills for service rendered during the winter period must equal or exceed the following amounts before a disconnection notice may be issued for a primary residence:

(1) For non-heating customers, $175.00;
(2) For electric heating customers, $400.00;
(3) For gas and steam heating customers, $300.00.

You must keep in mind that you will not be allowed to use electricity or gas without paying for it. You must eventually pay for all your bills.

Any payment agreement entered Into prior to the Winter Period will not be subject to the Winter Period Rules. You will not be considered to be in violation of a payment agreement if you fail to pay a current bill, except in accordance with the Winter Period Rules. This means that if you have entered into a payment agreement to pay back bills, and the situation arises where you are not able to make the installment payments as well as pay the current bill, you should make the installment payment first. If you break your installment payment agreement, you will not be covered by the WWinterRules. Whenever you are going to miss a payment, you should contact your utility immediately to make arrangements with them for paying at a later date.

As an extra protection, under the Winter Rules, the utility is required to contact an adult living at your home either in person or by telephone at least two (2) days before the scheduled disconnection. If this contact can-not be made, the utility must receive the express written authorization of a

During the Winter Period, the utility may not disconnect service to a residential customer of sixty-five (65) years of age or older during the wwintermonths without the written permission of the New Hampshire Public Utilities Commission. If you are sixty-five (65) years or older, you should be sure to notify your utility of your age so the disconnect will not take place during the winter period.

If you build up arrearages during the Winter Period, you may pay them back in a maximum of six (6) equal monthly installments. The last payment is due on or before September 30. Remember that those iinstallmentswill be in addition to your current bills.

4. Protection Against Threats of Disconnection. You may not be sent a disconnection notice if you are not subject to disconnection on the date the notice is sent out. This means that the utility may not send you a disconnection notice when it is not allowed by these rules to disconnect you.

G. SPECIAL PROTECTION FOR TENANTS WITH MASTER METERED UNITS

Master metered buildings or mobile home parks or single resident units where the landlord is the customer of record and recovers his cost of gas or electricity through his rental charge, are subject to the following disconnection procedure.

Before a utility may disconnect service under these circumstances, they must provide notice, if known, to the tenants. This notice, if mailed, must be postmarked fourteen (14) days prior to the date of scheduled ddisconnection If notice is made personally (by telephone, visit or posting the premises) then there must be ten (10) days notice given.

You may elect to pay for the utility's services directly, without going through your landlord. Where the wiring and metering arrangements aallow the utility will provide you with direct service. The utility is not allowed to require as a condition for service that you pay any or all of the bill owed the utility by the landlord.

If the Commission sees fit, it reserves the right to impose a blanket ban on all disconnections if, in its opinion, disconnections would result in imminent peril to the public health, safety, or welfare. Such conditions would most likely be the result of severe weather conditions. The CCommissionwill notify the appropriate utilities by telephone of such a ban.

I. PENALTY FOR BAD CHECKS

The utility may impose a charge for a check written for payment of utility service if it is returned by the bank unpaid. The charge may be the greater of five dollars ($5.00) or the actual administrative cost of recovery.

J. CONSULT YOUR UTlLlTY

If you have a question about any of the above rules and guidelines contact your utility first. They may be in a better position to assist you than the Commission's Consumer Assistance Department and, therefore, may be able to resolve the problem faster. You can find the utility telephone number and address on your utility bill.

Remember, you have the right to appeal to the PUC if you are not happy with the results of your contact with the utility. The toll free number of the PUC Consumer Assistance Department is l-800-852-3793.

K. YOUR COMMENTS

The New Hampshire Public Utilities Commission welcomes your ccommentsand suggestions about this pamphlet and your rights and rresponsibilitieswith utility companies. The Commission encourages you to forward these comments and suggestions to the PUC, 8 Old Suncook Road, CConcord New Hampshire 03301