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Utility Shut-Off Protections & Restoration

 

     

    IMPORTANT: shut-off protections do NOT eliminate the debt. Utilities may shut-off if/when protection ends if debt remains. Utilities may send the account to a collection agency even if the account is protected from shut-off.

    Key Advocacy steps:

    1. Assert any other shut-off protections that may apply: Serious illness, all adults age 65 or over or Infant (under 12 months) in household. (Winter Moratorium - typically begins November 15). Most require proof of "financial hardship".
      • Note: shut-off protections do NOT eliminate debt. Overdue bills may be sent to collections and have negative impacts on one's credit rating, courts may put liens put on homes, etc.
    2. Apply for Assistance
      • Apply for RAFT. Same application/screening process for both- should be directed as appropriate.
      • Boston Residents: The city of Boston’s Rental Relief Fund can also provide up to $1,500 of help with utility bills. More information is available at 617-635-4200.
      • Ask utility about eligiblity for a discount rate.
      • Ask utility about eligiblity for an Arrearage Management Program that erases debt over time if the customer stays current with bills.
    3. More Information lower on page.


      Patient Handouts from the CRC

    Also see:  Case Examples & Advocacy Tips

    Key References/For More Information

    Additional Handouts/Overviews

       

      Note on non-citizens: there are no immigration status or SSN requirements to qualify for utility shut-off protections.

       

      Winter Moratorium (Heat only)

      Massachusetts' Winter Moratorium: Utilities cannot terminate heat during the winter, and must restore service in a timely manner, for those experiencing "financial hardship".

      • Covered utilities:   electric or gas utilities that provide heat, or any electricity or gas service that is used for heat or to activate a heating system such as to operate a thermostat (*note: protection does NOT apply to deliverables such as oil, propane and wood). These protections apply whether utility is investor-owned or municipal-owned. (Water utilities are a special case - see Water.)
      • Time Frame: annually between November 15 and March 15 of the following year (most years is extended to April 1) As of the end of the moratorium utility companies can begin the shut-off process for formerly protected consumers. This process involves required notifications and typically gives another couple of weeks before actual termination. Keep in mind that Fuel Assistance/LIHEAP and the Dept's Heat Assistance Program both accept applications through the end of April.
      • Customer eligibility:  those unable to pay their overdue bills due to financial hardship.

      *Note: Oil, propane, and wood and other "deliverables" are not viewed as public utilities and therefore the Winter Moratorium and other consumer shut-off protections do NOT apply; these companies may refuse to deliver to a customer who has an overdue balance. For propane, unfortunately, it is also very costly and difficult to switch dealers. There are costs associated with pulling out the tanks, reconnect fees, etc.  LIHEAP/Fuel assistance does help with propane. 

      Renters- if pay for own heat (i.e., have thermostat in apt.), the moratorium covers electric service as well as gas.

      NOTE: as soon as the moratorium is over the companies will begin shut-off procedures for customers with significant arrearages (over-due bills) - starting with those who pay nothing each month. Utilities generally do not have sufficient staffing to actually terminate all of those who have significant arrearages. So customers who pay even a token amount each month will significantly reduce their chances of having their service terminated after the end of the moratorium. Customers with large over-due bills are advised to also see if they are eligible for low-income discount rates and investigate if their utility offers an Arrearage Management Program (AMP) and if they are eligible.

      Winter Moratorium tips- MGH Community News, November 2010

      .

      Other Energy Shut-Off Protections

      Outside of the Winter Moratorium, Massachusetts General Law, Ch. 164, section 124 provides protection from utility shut-off in three main categories:

      NOTE: these protections only protect the individual from shut-off. They do NOT eliminate the debt. If protection ends, utilities may proceed with shut-off. Utilities may send debt to collection agencies even if account is protected from shut-off.

      Water utilities are a special case - see Water.

      Financial Hardship

      1. To qualify for shut-off protection under the following categories, one must demonstrate "financial hardship":  Serious Illness, Winter Moratorium, and Infant Protection. Financial hardship is helpful, but not required, for Elderly protection.
      2. Under Massachusetts Department of Public Utilities (DPU) rules, families living at or below 60% area median income (see last column) automatically qualify. But families with slightly higher income may also demonstrate Financial Hardship. Participation in LIHEAP or receiving a Discount Rate demonstrates financial hardship (they share the 60% AMI income limit).
        • Receiving LIHEAP
          • If on LIHEAP and one heats with oil, make sure LIHEAP has the electric utility contact information and that they contact them to let them know you qualify.
          • If one got fuel assistance payments last year, and the company knew about it, it can't shut-off until January 1 of the following year, to allow the customer enough time to apply again for LIHEAP. Once the client is approved by LIHEAP this year, and the company learns that your client has been approved, the client will be protected against termination through March 15 (or later if the Moratorium end date is extended) (DPU regs, 220 CMR 25.03(3)
        • Discount Rate- those already receiving a low-income discount rate have demonstrated financial hardship and should not need to file additional paperwork.
      3. Financial Hardship Forms- If not receiving LIHEAP or on a Low-Income Discount rate, customers must fill out a Financial Hardship form (each company uses a different one) and send it to the utility company. Financial Hardship forms must be renewed quarterly. Utility companies may use their own forms.
        • 220 CMR 25.03(3): "A signed statement by the customer showing that his/her income falls within the financial hardship guidelines as set forth in 220 CMR 25.01(2) shall be considered presumptive evidence of financial hardship unless otherwise determined by the department."  In other words, submitting the financial hardship form alone, without any further documentation, must be treated as evidence that the claimed financial hardship exists, unless the utility company gets a contrary ruling from the Department of Public Utilities.

      Sample financial hardship forms:

      NationalGrid: Word version  |  .pdf version
      Eversource Financial Hardship form (Eversource was formerly known as NSTAR)

      Serious Illness

      Serious Illness - Tips for Staff - staff handout; includes common misconceptions and instructions for the serious illness letter (more detail below)

      In addition to demonstrating financial hardship the consumer must demonstrate the serous illness:

      1. The consumer must inform the utility company of the existence of a serious illness in the household. The consumer or her medical provider can relay this information initially over the phone. Making the call will stop any pending termination for seven days only; this 7-day moratorium is helpful, though, because it gives the consumer more time to get a medical provider's letter that attests to the existence of a "serious illness" in the household. A letter is required to secure shut-off protection (or restore terminated service) for 90 days (or if a chronic illness- up to 180 days). (Prior to 2009 these letters were valid for protection for 30 and 90 days respectively.)
      2. The serious illness letter:
        1. Should be signed by an MD, Physician’s Assistant, or Nurse Practitioner or local Board of Health (should also be on letterhead)
        2. Must include the address and telephone number of the medical authority (MD/PA/NP or BoH.)
        3. Should include the address of the seriously ill person to indicate he/she lives in the household in question.
        4. Must state that a serious illness exists in the household.
          1. There is NO requirement that the letter demonstrate that utility service is needed to treat a serious illness. An illness does not need to be life-threatening to be considered "serious". Serious can refer to a disability, mental illness, asthma, ADHD for example. (See a sample letter. and sample form for MD/PA/NP to complete.)
          • It is unclear from the regulations whether the letter must describe the actual illness. For customers who do not want the utility company to know the exact type of illness, it is worth trying to submit a letter that only includes the words “serious illness” (or “serious chronic illness”) without including further description.
          • The utility cannot reject a letter based on disagreement over whether an illness is serious. It is stated in the regulation that the company must accept the health provider's assessment. Only DPU can investigate and reject/overturn a letter.
          • The utility can reject letters when:
            • The letter was not signed by an accepted medical authority- MD, Physician’s Assistant, NP or local Board of Health
            • Insufficient information in letter- missing address for example
            • The letter does not specify that there is a serious or serious and chronic illness
          • Advocacy tip - Practice may be more generous than letter of law; utilities MAY accept a letter from mental health clinician if they are the one primarily treating the serious illness.
        5. Should include the term "serious illness" or "chronic serious illness" if that is the case. Chronic serious illness letters are valid for 180 days rather than 90 for the standard serious illness letter. (Note if chronic illness: though medical letter is good for 6 months, you may have to still do financial hardship letter every 90 days – if required by company.)
        6. Should be sent to the utility company directly by mail (or by fax if service termination is imminent). Submitting the letter and the financial hardship form protects the consumer from service termination for 90 days only. The letter can be "renewed" every 90 days as long as the illness persists. If the illness is chronic, the letter need only be renewed every 180 days. (Prior to 2009 changes these letters were valid for protection for 30 and 90 days respectively.)

      3. The seriously ill person does NOT need to be the tenant of record or known to the housing authority to be living there.
        • Regulation: 220 C.M.R. 25.03 - 1) Statement of Protection from Shut-off due to Financial Hardship. No company may shut off or refuse to restore utility service to the home of any customer if: (a) It is certified to the company: That the customer or someone living in the customer's home is seriously ill

      4. You do not need to apply on a specific form provided by the company. (Some forms are not in compliance with law- for example NE Gas Co. form implies that they reserve the right to contact the MD. They are not allowed to challenge the medical grounds of serious illness; have to go through DPU.)

      5. Even at point of shut-off the customer can assert that there is someone in the household with a serious illness and they should immediately stop and give 7 days to produce verifying letter. Similarly a medical professional, should be able to call and the process should halt and have 7 days “grace”. Law is silent on whether a non-medical advocate can ask for this extension. If, even after submitting the financial hardship form and a "serious illness letter," a consumer's service is terminated, the consumer or person helping the consumer should contact the utility company's consumer affairs department and speak to someone directly.

      6. Restoring Service
        1. Law requires that after a shut-off if the household asserts serious illness service should be restored within 24 hours (except in exceptional circumstances such as in the aftermath of a severe storm when all trucks are restoring power).
        2. However, it is unclear at this writing (10/10) how long after termination this protection applies. DPU has said they’ll issue guidance on this; Charlie Harack expects it will be 3 months from termination.
        3. BUT…this only applies to existing customers who were terminated. No such rights for new customers. So for example, if someone is moving from shelter to a home they are considered a new customer and there is no requirement that utilities restore service until the outstanding bill is taken care of.

      See example of a successful serious illness letter.

      Serious Illness protection application guide for patients (AIDS Action Committee)

      Case questions:

      • Serious illness protection if hospitalized and therefore not in home?
      • Is this protection portable (i.e., does it follow one to a new address? Typically no...however...read utility listserv thread.
      • Utility is requiring their own for- can they? What else can the require? Document from DPU

      If ALL ADULT members of household are age 65 or older and show financial hardship they are protected from termination. Even those who do NOT show financial hardship are rarely shut-off. Utility companies must get special permission from DPU to shut-off elder households that do not show financial hardship; they rarely seek this permission.

      Note: While companies do not try to get the Department’s permission to terminate service to elderly households, there can be adverse consequences if an elderly household asserts the protection and then does not pay the utility bills. If a senior owns his or her home, the companies can go to court; obtain a judgment for the amount owed; and place a lien on the house for the amount of the judgment. The companies generally do not attempt to force the sale of the house in order to collect on those liens, and they simply wait until the homeowner dies or the house is sold to collect. However, many customers who assert the protection would get upset at the prospect of being sued. It is therefore important to counsel seniors who own their homes that if they assert the elderly protection and do not pay the utility bills, the company may go to court and place a lien on the property. (From Utilities Advocacy for Low-Income Households in Massachusetts, p 24)

      Historical note: As of 11/08 the Massachusetts Department of Public Utilities issued an order and regulations in DPU 08-104 that changed the rules so that if the elderly household is low-income and takes in a minor, the protection against termination will apply. Previously EVERYONE in the household had to be 65 or older to assert the protection (now all ADULT household members must be 65).

      New National Grid (NGRID) policies (9/12) -

        • NGRID customers who assert Elder protection will now be subject to calls asking for payment. They are still protected if they do not pay, but they will get collection calls.  
        • NGRID will start asking seniors to recertify their eligibility annually.  Of course, no one gets younger, but the household composition might change. Remember that ALL adults in the household must be 65 or over. So if the 70-year old marries a 63-year old that household is no longer eligible for senior protection.   (Elder Utility Protection: National Grid Changing Procedures, MGH Community News, September 2012)

      Household with an Infant under the age of twelve months In addition to demonstrating financial hardship the consumer must demonstrate the presence of an infant under 12 months in the home.

      The Massachusetts Department of Public Utilities has issued an order and regulations in DPU 08-104 expands previously available protections for this group. Previously, the terminated service would only be restored if the termination had occurred while there was an infant in the home --  that is, the customer had not asserted the protection prior to the termination, so the company did not know there was an infant in the home when the termination occurred. The Department is now expanding this protection so that service will be restored "regardless of whether the nonpayment and resulting termination occurred prior to or after the birth of the infant." In other words, infant protections now apply even if the infant was born after the date of the termination.

      .

      • Telephone Shut-off Protections
        • Note: these protections may depend on whether you have a traditional landline phone and no other bundled services>, like cable and internet access. The telephone shut-off protections apply to certain land-line services, including some copper wire and fiber line services, but they do not apply to all forms of cable service. Advocacy: contact the Massachusetts Department of Telecommunications and Cable (DTC) or your phone company to find out if these rules apply to your phone service. DTC Consumer Hot Line 1-800-392-6066, (617) 305-3580. Website: http://www.mass.gov/ocabr/government/oca-agencies/dtc-lp/
        • Handouts:
            • Staying Connected: Know Your Rights to Telephone Service - BMC Medical-Legal Partnership, July 2016

      Local telephone service companies are now regulated by the Department of Telecommunications and Cable (as of April 11, 2007). As the result of a consumer lawsuit against Verizon, DPU (which previously regulated phones) created a set of rules which directly governs Verizon's practices and must be used as a model for other companies' procedures. Note that the telephone rules discussed below do not apply to wireless service.

      Personal Emergency- The company cannot terminate service if the customer can demonstrate that he or she is unable to pay the bill and that a personal emergency exists. If these conditions exist and the service already has been terminated, the company must restore service. Situations involving domestic violence and a wide range of other problems should qualify as a personal emergency, because the customer or someone in the customer’s household may need to be able to call 911, the police, a doctor, members of a support network, social service agencies, etc. To get this protection from termination of service, the customer simply has to write the company a letter explaining the nature of the emergency and why he or she cannot pay the bill. If the company refuses to provide this protection, the customer should contact the Department of Telecommunications and Cable (“DTC”) for assistance at (617) 305-3531 or (800) 392- 6066. The protection is only valid for 30 days.

      Serious Illness - A local phone service company cannot disconnect residential telephone service if someone in the household is seriously ill, needs the telephone service because of the illness, and cannot pay the bill due to financial hardship. If phone service has been terminated and these circumstances exist, the company must restore service. A customer in this situation should ask his or her physician to call the local phone company’s business office and explain that a serious illness exists. The doctor’s certification of the illness by telephone is initially sufficient to protect the phone service for 7 days. To keep phone service on for longer than a week, the customer will need to provide a letter from the physician stating that a serious illness exists. The company is only required to accept the letter as proof of illness for thirty days. In order to keep service on longer than that, a new doctor’s letter must be provided every thirty days. The protection may not be renewed more than twice. This restriction means that the maximum allowable period of protection is ninety days, i.e. the initial thirty day period plus two thirty day renewals. Since the protection lasts 90 days at most, the customer at some point will have to fully catch up with any unpaid bills, or work out a payment arrangement with the company.

      Adults all 65 or older- If every adult living in the household is 65 or older, local phone service companies cannot terminate service without the permission of the Department of Telecommunications and Cable.

      Advocacy: contact the Massachusetts Department of Telecommunications and Cable (DTC) or your phone company to find out if these rules apply to your phone service. DTC Consumer Hot Line 1-800-392-6066, (617) 305-3580. Website: http://www.mass.gov/ocabr/government/oca-agencies/dtc-lp/

      -Telephone section from, and more information at: "Utilities Advocacy For Low-Income Households in Massachusetts" (telephone information at page 57), National Consumer Law Center.

      -See also: Staying Connected: Know Your Rights to Telephone Service - BMC Medical-Legal Partnership, July 2016

      .

      .

       

      • Municipal (city or town-owned) companies are NOT required to honor the shut-off protections outlined above, though some do. For example some protections (but not others) are offered by Boston Water & Sewer. Ask individual municipal if they honor these protections. Most MA residents receive their water from a municipality.
      • Private companies- The state's Department of Public Utilities (DPU) only regulates private/commercial water companies. Private companies are required to honor the same protections outlined above- Elder households, Infant in Household and Serious Illness. They also must comply with the Winter Moratorium IF the water is used for the heating system. Water services in rural areas and in Central and Western MA tend to be provided by private, and therefore regulated, companies.

      • If the utility is a municipal entity  it is not subject to state regulations about utility protections. However, under their own regulations, they may offer shut-off protection for those experiencing "financial hardship" who are also either elderly or have a serious illness. The information below only applies to Boston Water & Sewer.

        • Boston Water & Sewer Serious Illness protection -is limited to those conditions that involve a sickness or disease that requires the continuous supervision of a health care provider or one for which water service is essential for the operation of medical equipment. Serious illness must be certified by a registered physician or local board of health. This can be done initially by phone, but must be followed up by a written certification within 7 days. Customer must also document financial hardship on a form provided by the Boston Water and Sewer Commission and submit the required documentation. This protection lasts between 30 and 90 days depending on if the illness is temporary or chronic. Protection can be renewed as long as the serious illness and financial hardship still apply.

        Boston Water & Sewer Elder protection- all members of the customer premises are 65 years of age or older and must demonstrate financial hardship. Customer must also document financial hardship on a form provided by the Boston Water and Sewer Commission and submit the required documentation.

        For more detail see BW&S regulations (pages 10-13).

      Case questions:

      .

      .

      See ERAP utilities assistance for payment of up to $1,500 for COVID related arrearages

      Securing shut-off protection or having service restored does not reduce the consumer's utility debt. The consumer still is responsible for the outstanding balance. The programs explained in this section may help reduce the consumer's debt or make it more manageable.

      Tip: Advocates report that utilities have inadequate staff to shut-off service for all who have over-due bills, and that those who regularly pay even a modest amount reduce their chances of shut-off if/when protection expires.

      Managing Arrearages Topics:

      Arrearage Management/Forgiveness Programs (AMPs)
      Payment & Budget Plans
      RAFT (Residential Assistance for Families in Transition)
      Retroactive Discount Rates
      Getting Service at a New Address - Cromwell Waivers

      Also see: Case Examples and Advocacy Tips

      Arrearage Management/Forgiveness Programs (AMPs)

      Each investor-owned (i.e., not municipal owned) gas or electric utility company is required to offer a program that forgives past due balances over a period of time if customers pay a budgeted bill each month on time. Each time one pays a bill in full and on time a portion of the overdue bill is forgiven. If, however, the customer misses payments they may be dropped from the program.

      Eligibility: Basic requirements are that one has low income (eligible for fuel assistance or a low-income discount) and must have a certain amount in overdue bills (for Eversource it is $300). Additional requirements may include applying for fuel assistance, participating in weatherization/fuel efficiency programs, etc. -->

      Apply: Contact the utility company's customer service department (the number should be on the bill) and ask to sign-up for their Arrearage Management Program.

      Note: AMPs are usually offered on a one-time only basis. Additional AMP participation may be granted in extenuating situations such as in cases of Intimate Partner Abuse. Please plan accordingly. (See next paragraph)

      New! The National Consumer Law Center has created a spreadsheet of MA AMP programs and payment program details including reinstatement rules: Arrearage Management Plan (AMP) and Payment Plan rules (1/23)

      Company information: National Grid and Eversource (Eastern MA)

      Advocacy tip: advocates are reporting that some of their clients have a hard time getting on the arrearage management program (AMP): the customer calls to request an AMP; a customer service rep says someone else from the company will call back; the customer doesn't get a call back for some time; the customer then may face the risk of termination in the interim. In such a situation contact:

      National Grid Consumer Advocate: works with social service/advocacy staff (i.e., staff should contact): Corey Manson: Corey.Manson@nationalgrid.com (7/14)

      Charlie Harak (National Consumer Law Center) has offered to consult with advocates on these cases- please do not refer clients to him directly. Contact Ellen Forman for his contact information. (7/14)

      More information:

      • Arrearage Forgiveness Programs- MGH Community News, February 2010.
      • Additional Details/Advocacy tips:
        • If a customer HAS BEEN TERMINATED and wants to get onto the AMPs, most companies will require that the customer pay 25% of the overdue bill as a condition of getting service restored and then being placed on the AMP.  However, Unitil (Fitchburg G&E) only requires that the customer pay the first payment of the amount due under the AMP, which is almost always much less than 25% of the overdue amount. If the customer is STILL CONNECTED to utility service and wants to get on the AMP, none of the companies requires a down-payment on the arrearage, but the customer does have to fairly promptly make the first payment due under the AMP's rules.
        • If a customer misses two AMP payments, that customer will be considered in default of the AMP agreement (we think this is true at all companies).  However, if the customer can catch up on the missed payments, the customer will be reinstated and all of the credits due will apply. EXAMPLE:  The customer gets onto the arrearage management program, owing $1,200 so that the monthly credits for making each payment are $100.  The company tells the customer that the monthly payment obligation is $80.The customer pays $80 in months 1 and 2, but misses months 3 and 4 so the company sends a letter telling the customer he or she is in default.  The customer then also misses month 5.  But in month 6, the customer pays $320, making up the 3 missed payments (for months 3,4, 5) and also including the month 6 payment.  The customer is restored on the AMP and gets 4 months of AMP credits ($400).
        • If you experience AMP practices that are different than we have described above, please contact  Charlie Harak (National Consumer Law Center). Ellen Forman has his contact information. (This section from utilities e-mail 4/16)

      See also:

       
    • Company flyers: National Grid and Eversource

      • For those who are not eligible for an AMP (such as not low-income, owe less than the minimum to be eligible, or have a municipal owned utility):

      Payment & Budget Plans

      Each utility company is required to make payment plans and budget plans available to all customers as an option for payment of past due amounts and/or future services.

      A budget plan allows you to pay roughly the same amount each month on your estimated electric or gas bills. For example, if the company estimates that your bills will be $1,200 during the next year, the company will allow you to pay $100 each month, even though your bills may be much higher in the wintertime than those in the summer.

      A payment plan is an arrangement to pay back an overdue amount over time. For example, if you owe $600, the company may allow you to pay back $100 of that amount each month, over the course of six months, along with paying each month's current bill. Companies must offer payment plans that are AT LEAST four months long, if you contact the company before being shut off for non-payment.

      (Above from: Utility Bills... Having Trouble Paying Them?, by AIDS Action Committee.)

       

      New! The National Consumer Law Center has created a spreadsheet of MA AMP programs and payment program details including reinstatement rules: Arrearage Management Plan (AMP) and Payment Plan rules (1/23)

      RAFT (Residential Assistance for Families in Transition)- Homelessness prevention funds for families with children. Under certain circumstances may be used for Utility Arrearages. While funds last at local Housing Consumer Education Centers (e.g, MBHP in Greater Boston).

      To access RAFT funds for Utility arrearages families must:

      • Have at least one child age 21 or under (or be pregnant);
      • Have income at or below 30% AMI (10% of approvals for families between 30-50% AMI)
      • Be experiencing a housing crisis (and provide appropriate documentation to prove the housing crisis)
      • Have a utility shut-off notice.

      More information.

      Retroactive Discount Rates

      Advocates may assist consumers to get discount rates retroactively, meaning that unpaid bills will be recalculated as if the customer had been on the discount rate even before the date he or she applied. Each investor owned utility company in the state has voluntarily agreed to do so, on a case-by-case basis, but only if contacted by an advocate working on behalf of the consumer. Each company has generally designated one customer service representative who handles these requests. Consumers who call on their own will most likely not be able to get the discount applied retroactively.

      More information and instructions on our Utilities page.

      Arrearages and Getting Service at a New Address- Cromwell Waivers

      While investor-owned utilities cannot charge deposits, they are allowed to seek at least partial payment on bills from a prior address as a condition of providing new service at the new address. If you never failed to pay two or more bills in a row at your prior address, you have a legal right to set up a new account so long as you agree to pay off the total amount owed within three months. If you did go two or more months at your prior address without paying your bill then ask for a Cromwell Waiver. Under a Cromwell Waiver, the company may still have to set up a new account for you as long as you agree that the company may add the arrearage from your old address to your new account, set up a reasonable payment plan to pay it off, and give the company permission to terminate your new account if you fail to keep to the payment plan. Learn more about Cromwell Waivers.

      Also see: Case Examples and Advocacy Tips such as how to handle bills in someone else's name, landlord disputes, those with no SSN, etc.

        Municipal-Owned Utilities

        City or municipal-owned utilities are not as tightly regulated as investor-owned utilities. Municipals are covered by the DPU regulations, with some notable exceptions.

        • There is a statute that allows them to charge deposits, even though the investor-owned utilities (Eversource, NGRID, etc.) cannot charge deposits.  Mass. Gen. Laws ch. 164, section 58A.  The deposit cannot exceed "three months" usage. 
        • They are NOT required to offer an Arrearage Management Plan.
        • They are NOT required to offer discounts, and most don't
        • Municipals ARE required to comply with the Winter Moratorium, serious illness, infant in home and elder protections.

          Restoring Service

          Restoring Service in Serious Illness Cases

          Massachusetts law requires that gas and electric companies shall not shut off or "fail to restore" utility service when there is a serious illness in the household and the household has a financial hardship in paying the bills.

          A question that arises is what that "fail to restore" language really means. The National Consumer Law Center (NCLC) has asked the Department of Public utilities to provide guidance on this question:  how long after the termination can the customer assert serious illness protection and financial hardship as a means to get service restored?  The Massachusetts Department of Public Utilities (DPU) Consumer Division has confirmed that they have spoken to companies about restoration of terminated service upon receipt of a serious illness letter and have issued this informal guidance (this is not a formal regulation):

          Upon receipt of a serious illness letter (and the financial hardship form), companies should be willing to restore terminated service for up to 3 months after the service was terminated.  Additionally, if there are unusual facts or circumstances, the Consumer Division might be willing to order service restored for up to 6 months after the termination.

          Please let NCLC know if companies don't follow this guidance.

          National Consumer Law Center
          7 Winthrop Sq., 4th flr.
          Boston, MA 02110
          617-542-8010

          - From: “Serious illness letters/restoring servive (sic)”, post to utility network listserv, Charlie Harak, NCLC, February 25, 2010, and “Serious illness letters/restoration of service” post to utility network listserv, Charlie Harak, NCLC, April 30, 2010.

          Restoring Service in Infant in Home Case

          Service will be restored "regardless of whether the nonpayment and resulting termination occurred prior to or after the birth of the infant." In other words, infant protections now apply even if the infant was born after the date of the termination.

          For more on Restoring Service- see individual shut-off protections topics above.

          ***

          For more information on utilities advocacy, check out the National Consumer Law Center's "Utilities Advocacy for Low-Income Households in Massachusetts, 3rd Edition," available online at www.masslegalservices.org.  

      Case Examples and Advocacy Tips (source: utilitynetwork@lists.nclc.org):

      See also: Utility Case Examples and Advocacy Tips (shut-off related and general utility advocacy)

       

      New Hampshire Protections (and Payment Plans)

      New Hampshire rules are less generous and offer less protections than those in MA. NH has emergency medical shut-off protections and special winter rules (winter rules offer greater protection for those over 65).

      New Hampshire Shut-Off Protections Law (winter rules start on p 26 and emergency medical protections start on page 28)

       

      NH Medical Emergency Shut-Off Protection

      (PART Puc 1205 MEDICAL EMERGENCY RULES- starts on p 28)

      Under NH law, the medical criteria for protection is stricter than in MA. The provider (physician, advanced practice registered nurse, physician’s assistant or mental health practitioner) must certify that it is a "medical emergency" - a situation where a utility customer or member of the customer’s household has a condition that would become a danger to physical or mental health in the absence of utility service.

      IF the provider agrees it is a "medical emergency" the patient can orally notify the utility and the provider can follow up with the letter to reach the utility within 15 days.

      Certification letters are valid for the period ot time designated by the provider on the letter, with a minimum of 90 days and maximum of one year (may be renewed without limit). Certification letters must :

      1. Contain a statement to the effect that the customer or identified member of the customer’s household has a physical or mental health condition which would become a danger to the customer’s or household member’s physical or mental health should the utility service be disconnected; 
      2. Be in writing, which includes any electronic communication, or be made by telephone with written or electronic confirmation received by the utility within 15 calendar days of the telephoned certification; 
      3. Contain licensing information for the physician, advanced practice registered nurse, physician’s assistant or mental health practitioner; and 
      4. Indicate the medical necessity for and use of any life support equipment by the customer or identified member of the customer’s household.

      The medical emergency certification letter on its own does NOT provide protection from utility shut-off- the customer must also enter into and comply with a payment arrangement.

       

      NH Winter Rules

      (PART Puc 1204 WINTER RULES starts on p 25)

      NH Winter Rules are not a moratorium on shut-offs as in MA.

      An arrearage for service rendered during the winter and nonwinter period shall exceed the following amounts before a notice of disconnection for a primary residence can be sent:

      1. For gas non-heating customers, $125;
      2. For electric non-heating customers, $225; and
      3. For electric and gas heating customers, $450.

      During the winter period utilities shall seek commission approval before disconnecting the service of residential customers known to be 65 years or older.

      During the winter period normal Payment Arrangement rules shall be replaced by the following:

      1. For non-financial hardship customers, the payment arrangement shall include a promise to pay the current bill on or before the due date and permit repayment of the arrearage in equal installments over the winter period and the 6 months following the conclusion of the winter period; and
      2. For financial hardship customers, unless otherwise requested by the customer, the payment arrangement shall be as follows:
        • For a period of 12 months, with monthly payments equal to one twelfth of the total balance due plus one twelfth of the projected future monthly bills for the 12-month period; OR
        • For the duration of the winter period with monthly payments equal to 10% of the monthly total balance due.

      NH Shut-Offs/Disconnection- Days and Times

      Unless special arrangements are made with the customer, a utility shall only disconnect service to its residential customers from 8:00 am to 3:30 pm Monday through Thursday. And the utility shall not disconnect service to its residential customers during a state or federal holiday; the day preceding a state or federal holiday; a day the commission is closed to the public; or the day preceding a day the commission is closed to the public

      NH Late Payments and Financial Hardship

      A utility may charge and collect a late payment charge for overdue bills of all non-financial hardship customers. "Financial hardship" means a residential customer has provided the utility with evidence of current enrollment of the customer or the customer’s household in the Low Income Home Energy Assistance Program, the Electric Assistance Program, the Gas Residential Low Income Assistance Program, the Neighbor Helping Neighbor Program, their successor programs, or any other federal, state or local government program or government funded program of any social service agency which provides financial assistance or subsidy assistance for low income households based upon a written determination of household financial eligibility. A customer claiming financial hardship shall provide evidence of financial hardship to the utility on an annual basis.

      NH Payment plans

      If a customer is not eligible for protection, the utility must still offer to arrange a payment plan (the utility must offer additional flexibility to the payment plan when they've been notifed that a medical emergency exists.)

      Puc 1203.07 Payment Arrangements.  (W)hen a residential customer is unable to pay the total arrearage due, the utility shall continue to provide service to the customer if the customer agrees to a payment arrangement wherein the customer shall: 
      (1) Pay a reasonable portion of the arrearage as agreed to by the customer and the utility;
      (2) Pay the balance of the arrearage in reasonable installments as agreed to by the customer and the utility; and  
      (3) Pay the current bill and all future bills by the due date printed on the bill. 

      New Hampshire Eversource Customers- To assert a serious medical condition for shut-off protection an MD needs to complete a form.

      The form is available online.

      Paper Version- If the MD prefers to not register online to complete the form they can complete the paper form and fax it to Eversource. Per the Eversource Credit/ Medical Department, after the form is faxed the customer should call in 4 hours or the next day to confirm the form was recieved. The form will  be rejected if it is missing any of the provider's information. (1/23)      

        

       

        ARCHIVE/Reference for 2008 Updates:

        From: Charlie Harak
        Sent: Wednesday, November 19, 2008 6:59 PM
        To: 'utilitynetwork@smtp.cyways.com'; 'energy@smtp.cyways.com'
        Subject: 4 great rulings from the MA DPU

        The Massachusetts  Department of Public Utilities has issued an order and regulations in DPU 08-104. 

        The order favorably addresses 4 issues of great concern to low-income households:

      1. The Department increased the income-eligibility for the low-income discounts offered by gas utilities to 60% of state median income ["SMI"], which is roughly 250% of the federal poverty level, mirroring the recently-announced increase in eligibility for fuel assistance to 60% of SMI.   The DPU had decided a week or two earlier that the discounts for ELECTRIC customers had to increase to 60% SMI as a matter of state law, but added (in that earlier decision) that it had the discretion to increase the GAS discounts to 60%.  In this just-announced decision,the DPU has exercised its discretion to increase the eligibility for GAS discounts as well.  Thus, all companies (gas and electric) should be offering discounts to customers at or below 60% SMI.

        2. NOTE, however, that the DPU is allowing gas companies to file for waivers from this new ruling, "for good cause shown".  We know of at least one smaller gas company that serves a very poor territory and that will be seeking a waiver, likely arguing that so many people in its territory are eligible at 60% SMI that the cost of expanding the discount would be too great.  We'll keep everyone posted how that turns out.

      2. The DPU expanded the termination protection for households with an infant.   Previously, the terminated service would only be restored if the termination had occurred while there was an infant in the home --  that is, the customer had not asserted the protection prior to the termination, so the company did not know there was an infant in the home when the termination occurred. The Department is now expanding this protection so that service will be restored "regardless of whether the nonpayment and resulting termination occurred prior to or after the birth of the infant."

      3. The Department has expanded the termination protection for elderly households.  Previously, EVERYONE in the household had to 65 or older to assert the protection, which meant that seniors who took in a minor grandchild, minor relative or minor friend of the family would not be able to claim the protection.  The protection has now been expanded so that if the elderly household is low-income and takes in a minor, the protection against termination will apply.

        4. .

      4. The termination protection for households with a serious illness has been improved in two ways.  First, nurse practitioners and physician assistants can now certify the illness, as well as doctors.  Second, serious illness letters now need only be renewed quarterly (rather than monthly), and if the illness is "chronic", need only be renewed every 6 months (rather than every three months).

        5. As the DPU's order notes, many organizations and individuals offered comments and testimony to the DPU that contributed to this success:  The Massachusetts Low-income Weatherization and Fuel Assistance Network; Massachusetts Energy Directors Association; MA Executive Office of Elder Affairs; and the Medical-Legal Partnership for Children. 

        Page rev 5/21
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