UNOFFICIAL COPY 24 RS BR 267
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AN ACT relating to public utilities. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘SECTION 1. A NEW SECTION OF KRS CHAPTER 278 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) For the purposes of this section, "utility" has the same meaning as in KRS 5
278.010(3)(a) and (b). 6
(2) A utility shall not disconnect or suspend residential service to a residential 7
customer's residence: 8
(a) On a day between December 1 and March 31 when the National Weather 9
Service forecasts that a temperature of thirty-two (32) degrees Fahrenheit 10
or lower will occur at any time during the following seventy-two (72) hour 11
period; 12
(b) On a day between June 1 and August 31 when the National Weather 13
Service forecasts that a temperature of ninety-five (95) degrees Fahrenheit 14
or greater will occur at any time during the following seventy-two (72) hour 15
period; or 16
(c) For a period of thirty (30) days following the receipt of a certificate of need 17
from a physician, physician's assistant, community-based service program, 18
or faith-based service program certifying that disconnection of service 19
would threaten the health and safety of the customer or the occupants of the 20
customer's household. 21
(3) Disconnection of service shall occur only between the hours of 8 a.m. and 5 p.m. 22
on weekdays and shall not be authorized on weekends or a state or federal 23
holiday. 24
(4) If a residential customer makes a payment of not less than ten percent (10%) of 25
the accrued balance of the bill or two hundred dollars ($200), whichever is less, 26
and has entered into a payment plan, service to the household shall not be 27 UNOFFICIAL COPY 24 RS BR 267
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terminated. Late fees shall be waived for service termination that has been 1
suspended due to a certificate of need. 2
(5) If a customer who has already been disconnected makes payment of not less than 3
ten percent (10%) of the accrued balance of the bill or two hundred dollars 4
($200), whichever is less, and enters into a payment plan for the remaining 5
balance, the utility shall make reasonable effort to restore service on the same day 6
as payment is made but not more than twenty-four (24) hours after the customer's 7
payment. Reconnection fees shall be waived for a service termination made for a 8
customer that has a hardship reconnection order in accordance with subsection 9
(7) of this section. 10
(6) A utility shall give separate final written notice, not less than fourteen (14) days 11
prior to any proposed utility disconnection of service, to a customer's residential 12
household. The notice shall: 13
(a) Be sent separately from the regular billing notice; 14
(b) Be printed on colored paper or cardstock that makes the notice easily 15
distinguishable from the utility's regular billing; 16
(c) Have the words "FINAL NOTICE OF SERVICE TERMINATION" 17
printed in boldface type using a font size not less than twenty-four (24) 18
points; and 19
(d) Include a toll-free number where a utility representative can provide 20
additional information about the disconnection, including how to: 21
1. Obtain a certificate of need or a hardship reconnection order; 22
2. Make a payment or set up a payment plan; 23
3. File for energy cost assistance from community-based or faith-based 24
services; 25
4. Dispute a bill; and 26
5. Provide any other information that the commission deems necessary. 27 UNOFFICIAL COPY 24 RS BR 267
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(7) A hardship reconnection order shall be granted to the customer requiring the 1
reestablishment of service on the same day as requested on the application for the 2
order, a waiver of reconnection fees, and preservation of a previous security 3
deposit, if the customer: 4
(a) Had service terminated after the thirty (30) day suspension elapsed as 5
provided under subsection (2)(c) of this section; and 6
(b) Paid ten percent (10%) of the accrued balance of the bill or two hundred 7
dollars ($200), whichever is less, and entered into a payment plan for the 8
remaining balance. 9
(8) The commission shall issue an order setting forth any applicable rules and 10
procedures regarding disconnection, certificates of need, hardship reconnection 11
orders, and any other matters required to implement this section. 12