How To Keep Year ‘Round Utility Service - Resolving a Shut-off

This document may be reproduced provided no charge is made for the copies. May 2008.

Utility Shut-Offs
Payment Agreements
Arrearage Forgiveness Programs
Contacting the Utility Company
Appealing When You Can't Make an Agreement
Sample Appeal Letter
Assistance Resolving Problems
Applying for Energy Assistance
Worksheets
For More Information

Utility ShutOffs

Note that Connecticut law protects customers from a loss of utility service under some particularly dangerous circumstances. However, this does not prevent the utility company from using less dangerous collection tactics for a debt owed, such as suing the customer.

Life-threatening Shutoffs

If a lack of service is life-threatening to someone in the household, electric and gas companies may not shut off or refuse to turn on utility service at any time during the year, regardless of the amount of money the customer owes. A doctor must certify that the shutoff is life-threatening by filling out a form. Each utility has its own form.

Protection From Shutoffs

The best long-term protection from a shutoff is a payment agreement you can afford to keep. Protection for low-income persons from winter shutoffs is available under certain circumstances, depending on whether the company provides electric or gas service:

Electric Utilities: Protection from a winter shutoff is available to low-income electric utility customers by applying each fall to their electric company for "hardship" status. "Hardship" customers cannot be shut off between November 1 and May 1, even if they owe the company money. If electric service is shut off, the utility must turn it back on by November 1, even if the customer is unable to make a payment.

Gas Utilities: Protection from a winter shutoff is available only to low-income gas heat customers by applying each fall to their gas company for "hardship" status. "Hardship" heating customers cannot be shut off between November 1 and May 1, even if they owe the company money. If gas heating service is shut off, whether the utility must turn it back on by November 1 depends on the customer’s situation:

If you did not ask to have gas service kept on the prior winter as a “hardship” case, then the gas company must turn the gas back on by November 1, even if you are unable to make a payment.
If gas service was not shut off the prior winter because you were a “hardship” case, then the gas company does not have to turn your gas back on by November 1 unless you have paid the lowest of the following amounts since the prior November 1st:
- $100; or
- 20% of the amount owed when gas was shut off (not the amount of the final billing after the shutoff) or
- the minimum payments due under the payment agreement; or

Whenever possible, if you have a low income, you should

apply for energy assistance,
make an affordable payment agreement so that you can keep utility service all year, and
apply for the utility company's arrearage forgiveness program (see below)
apply to your utility company for "hardship" protection from shutoffs.

You would be considered a "hardship" case IF:

you receive state welfare (TFA, SAGA cash assistance or State Supplement or AABD), Medicaid (Title 19) or SAGA medical coverage, or SSI (Supplemental Security Income);
your only source of income is from Social Security, Veterans Administration or Unemployment Compensation benefits;
you are the head of a household and unemployed, and the income of all adult household members (except children of the customer) who have been members of the household for at least six months, is less than 300% of the poverty level;
a household member is seriously ill (must be certified by a physician);
your income is less than 125% of the poverty level; or
you would not have enough money for food and other things called "necessities of life" if you had to pay a past-due utility bill.

Days on Which Utility Service Cannot be Shut Off

Except in an emergency, gas, electric and water companies cannot shut off utility service on Friday (unless the company's business office is open on Saturday); Saturday; Sunday; legal holiday; day before a legal holiday; at any time when the utility's business offices are not open; or within one hour before closing of company business offices.

Written Notice:

If the gas, electric or water company plans to shut off your utility service, it must give you 13 days written notice by regular mail, or 7 days written notice by certified mail (depending on whether it has already notified you it plans to shut service off and how long ago it sent the notice). The notice must include a brief explanation of your rights. The only time the utility can shut off service without giving you notice is in an emergency where there is a hazard (for example, a fire).

Partial Utility Bill Payments

If you receive a shutoff notice and then make payments that are at least 20% of the bill, the utility company (except municipal utilities like Norwich Electric) must give you another written notice before your service is shut off.

Payment Agreements To Resolve A Utility Shutoff

If you owe money to a gas or electric company, you are entitled to a "reasonable" payment agreement. This payment agreement lets you pay off your debt and avoid a utility shutoff or have your service turned back on. If you keep your payment agreement, you will have utility service year ‘round. This booklet will tell you how to make a payment agreement and what to do when you cannot make an agreement with the utility company that you are able to afford.

As part of any payment agreement, you usually must apply for energy assistance every winter. Many people can afford to pay their utility bills when energy assistance or assistance from a fuel bank is taken into account, and you can set up a payment agreement with your utility company that helps you get all possible energy assistance benefits. The worksheets included in this pamphlet will help you figure out a payment plan.

Sometimes utility companies will eliminate part of your old bill if you make all of your scheduled payments. (This is done through "arrearage forgiveness" programs.) In some cases, you may qualify for a special program with low monthly payments. This pamphlet describes these programs.

Whenever possible, contact the utility company before your utility service is shut off. It is easier to keep utility service on than to get it turned back on after a shutoff.

After you have made a payment agreement, it is important to pay on time. If you have a payment agreement and your financial situation changes, the agreement can be changed. If you cannot make a payment, contact the utility company in advance to make other arrangements or your service can be shut off.

Arrearage Forgiveness Programs:

An arrearage forgiveness program means that some of your back debt (bills) will be forgiven in exchange for making regular payments on your bill. Households are put on a budget plan. As long as you make the payments agreed to in the budget plan, your back bills will be erased or forgiven. Your utility bill can be reduced to $0 in the arrearage forgiveness program, but it cannot result in a credit on your account. There are two parts in the arrearage forgiveness program:

the winter program (November 1 to April 30), and
the summer program (May 1 to October 31).

Arrearage forgiveness programs are available to gas and electric heat customers who are low income and heat with:

electricity from Connecticut Light and Power (CL&P) or United Illuminating (UI), or
gas from Yankee Gas, Southern Connecticut Gas (SCG) or Connecticut Natural Gas (CNG), and
receive energy assistance for that utility's bill.

Apply for the arrearage forgiveness program by calling your local Community Action Agency, local fuel bank, or utility company.

For the winter part of the arrearage forgiveness program,

You must sign up with the utility company between November 1 and April 30 and make a payment agreement.
If you receive energy assistance for your utility bill and make all the payments required in your payment agreement by April 30, you can stay on the program until October 31. The utility company will
- match the amount you paid and match the energy assistance amount that they received, and
- apply that amount to your bill until you no longer owe the company money.
The utility company will tell what your monthly payment will be under this program. If you cannot afford this amount, you can ask them to lower the payment to one that you can afford.
You may be eligible for a special program for reduced monthly payments. If you cannot afford the amount the utility asks you to pay each month, ask for a referral to a social service agency that can determine if you are eligible for a reduced monthly payment. The utility representative must tell you the procedure to follow if you cannot make an agreement.
If you do not apply for this program on time or you do not make all of your payments, you must wait until the following November for another chance to participate.
If you stop making payments, your service may be shut off between May 1 and November 1.

For the summer part of the arrearage forgiveness program,

Customers who successfully complete the winter part of this program can participate in the summer months. If the utility company receives all summer payments by October 30, it will match the amount you paid and apply that amount to your bill.

4 CL&P and UI also have arrearage forgiveness payment programs available to customers who are not eligible for the programs described above. Contact the utility company to find out how to participate in these programs.

Working Out What You Can Afford to Pay....
when you cannot get on an Arrearage Forgiveness Program

This pamphlet includes two worksheets you can complete if you do not qualify for an arrearage forgiveness program with the utility company. These worksheets will help you figure out what you must pay to avoid a shut off. They will also help you get the most from your energy assistance benefits. These worksheets assume that you are low income.

The Utility Payment Worksheet is used to determine the amount you should pay to the utility company each month under a payment agreement. Sometimes a utility company will ask you to pay more than this amount and completing this worksheet will let you determine if you are being asked to pay too much.
The Income/Expense Worksheet can help you figure out what you can afford to pay.

The amount you are scheduled to pay each month on these worksheets is an estimate of what you will need to pay if you receive all of your energy assistance benefits.

Note: After you make an agreement, check your utility bill once a year to be sure that you do not owe the utility company more than you owed the year before. If you do owe more than you did the year before, a new agreement needs to be made.

Contacting the Utility Company

When you call the utility company, give them your account number and ask to speak to someone about a payment agreement.
If this utility company provides your heat and you receive (or are applying for) energy assistance to help pay this utility’s bills (from November 1 to April 30) ask if you can take part in the arrearage forgiveness program.
You may also ask to take part in the arrearage forgiveness program if you are trying to make a payment agreement with CL&P or UI, even if it is not your heating source and you do not expect energy assistance benefits for your electric bill.
You will be better able to work out a payment agreement if you are calm and carefully explain your situation. The following is what you should discuss:

1. If you are signing up for an arrearage forgiveness program, ask the utility how much it will require you to pay each month. If you cannot afford the amount the utility asks you to pay, ask for a lower payment. If you still cannot afford the amount, ask for a referral to a social service agency that can determine if you are eligible for a lower payment.

2. If you are not eligible for the arrearage forgiveness program, offer to pay the company the amount you came up with after completing the worksheet in this pamphlet. Explain exactly how you calculated the amount you are offering to pay.

3. If you have a back utility bill, explain how much you are including in each payment toward your old bill.

4. Tell the company exactly when you will make your payments. Promise to contact the company if your payment will be late.

5. Promise to make payments as scheduled, including winter payments.

6. Promise to apply for energy assistance on time. Call Infoline (2-1-1) for information on when or where to apply.

7. If your utility service is shut off, make arrangements with the company to have service turned on. Ask when this will be done.

8. Write down the name of the person you talk to at the company, the date of your conversation, and what you and the company have agreed to. Also, keep a list of every payment you make.

Only agree to make payments you know you can afford.
If you cannot make an agreement with the utility company that you can afford, then you should appeal. It is not difficult to appeal.

Appealing When You Can't Make an Agreement

The utility company cannot shut off your service while you are appealing. To keep your debt to the utility company as low as possible, you should try to pay the company the amount you have offered to pay after completing the worksheets at the end of this pamphlet. To appeal, follow in order each of the steps discussed below and check them off after you have completed each step. If you try to complete a step and are blocked, note what happened and then go on to the next step.

Call the utility company and ask to speak to a company review officer. If the utility refuses to allow you to speak to a review officer, skip to Step 3. Note with whom you spoke. Sometimes the company will have you talk to a supervisor before a company review officer is involved. You can insist on speaking to a review officer, but there is no harm in also speaking to a supervisor. However, if you cannot make an agreement that you can keep with the supervisor, it is important to insist on speaking to a company review officer. Get the review officer’s name. When you speak to the review officer, explain exactly what you offered as a payment agreement.
If you cannot make an agreement that you can afford with the company review officer, the review officer must give you a written report. If you do not agree with the payments that the review officer wants you to make, tell the review officer and ask for the written report.
Within 5 days* of receiving the review officer’s report (or after the utility has refused to allow you to speak with a review officer), contact the Connecticut Department of Utility Control (DPUC) at 1-800-382-4586. Ask for the Consumer Assistance unit. Explain exactly what you can afford to pay each month to the utility company. If you have broken a payment agreement in the last 12 months, you may not get additional help from the DPUC. If you had a good reason for breaking the agreement, tell the DPUC.
The DPUC will try to work out a payment agreement. If your utility service is shut off, explain this to the DPUC. They will try to get your service turned on as part of resolving your disagreement with the utility company. If the DPUC cannot work out an agreement, ask the DPUC to send a report to you and the company.
If the DPUC’s report does not resolve the problem, you can ask for a hearing. Ask for this hearing in writing within 10 days* of the mailing of the DPUC’s report. Mail your request to: DPUC, 10 Franklin Square, New Britain, CT 06051. The DPUC will schedule a hearing. (See sample letter).

*There are several deadlines in this appeal procedure. If you miss the deadlines, you can still follow the steps. However, there is some risk the utility company may shut off your service if they have threatened to and they believe you are no longer appealing to the DPUC.

DPUC Hearing. The DPUC will send you a letter giving you the date, time and location of the hearing. At the hearing you will be able to explain what you offered the utility company as a payment agreement. You can bring your worksheets from this pamphlet to help you explain how you calculated your payments and to show what you can afford to pay. The utility company will have an opportunity to explain its side. The DPUC will write a decision resolving the dispute and mail you a copy of the decision.

If you do not agree with the DPUC’s decision, you can appeal the decision to court. At this point, you should contact an attorney for assistance.

Sample Appeal Letter

(Your name)
(Your address)
(Your telephone number)
(Date of the letter)

Executive Secretary
Department of Public Utility Control
10 Franklin Square
New Britain, CT 06051

Dear Executive Secretary:
I request a hearing before the DPUC regarding my bill with (utility company)_________________ . I cannot afford the payment agreement the company offered to me and would like a hearing to explain my situation. I have contacted the company review officer and the Consumer Assistance Unit, but this has not resolved my problem.

(If your utility service has been shut off, also state that in this letter and ask that a hearing be held immediately.)

Sincerely,
(Sign your name)
(Print or type your name)

Help Resolving Utility Problems

Consumer Assistance Unit is part of the DPUC which assists utility consumers.
DPUC, 10 Franklin Square, New Britain, CT 06051.
(1-800-382-4586 or 860-827-2622).
TDD Telecommunications for the Deaf (860) 827-2837.
DPUC website: www.ct.gov/dpuc.
Office of Consumer Counsel represents utility customers from throughout Connecticut.
OCC, 10 Franklin Square, New Britain, CT 06051.
(860-827-2900).
OCC website: www.ct.gov/occ
Legal Aid assists low-income persons with some problems with utility companies.
Call Statewide Legal Services (SLS) at 860-344-0380 or 1-800-453-3320 for more information.
SLS website: www.slsct.org

Information on Applying for Energy Assistance

Use the following to locate possible sources of energy assistance, including information on where to apply and program deadlines. For more detailed information, see the booklet Energy Assistance Information for Low-income Households.

Infoline 24-hour Hot Line: 2-1-1
Energy Assistance Hot Line: 1-800-842-1132
Energy Assistance Website: www.ct.gov/staywarm
Assistance for Hearing Impaired Persons. If you are hearing impaired, these resources are available to assist you in contacting a utility company or other source of assistance listed in this booklet:
- Infoline has TDD available.
- Relay Connecticut acts as a message relay service between deaf and hearing people. Dial 7-1-1 (English and Spanish) On the web: www.relayconnecticut.com
- Commission on the Deaf and Hearing Impaired has interpreting services and other assistance available.
  Voice or TDD: 860-231-8756 or 1-800-708-6796.
  Emergency: 860-231-7623 TTY/voice. )

Worksheets:

Click here for Utility Payment Worksheet. (To determine the amount you should pay to a utility company each month under a payment agreement).

Click here for Income/Expense Worksheet. (To determine what you can afford to pay, it is helpful to look at your monthly income and expenses. Fill in this worksheet with your best estimates.)

For more information

Statewide Legal Services:1-800-453-3320 (Central CT & Middletown) 860-344-0380 (All other regions). Se habla espa�ol. All calls are confidential.

This document was produced by the Legal Assistance Resource Center of CT in cooperation with CT Legal Services, Greater Hartford Legal Aid, New Haven Legal Assistance Association, and Statewide Legal Services.

The information in this document is based on the laws in CT as of May 2008. We hope that the information is helpful. It is not intended as legal advice for an individual situation. If you need further help and have not done so already, please call Statewide Legal Services (see above) or contact an attorney.