This document may be reproduced provided no charge is made for the copies. April 2006.
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
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.
If a lack of service is life-threatening, electric and gas companies may not shut off or refuse to turn on utility service to low-income customers at any time during the year, regardless of the amount of money the customer owes.
The best long-term protection from a shut-off is a payment agreement you can afford to keep. However, gas and electric companies cannot refuse at any time during the year to provide service if a lack of service is life-threatening, regardless of the amount of money the customer owes. Protection for low-income persons from winter shut-offs is available under certain circumstances, depending on whether the company provides electric or gas service:
Electric Utilities: Protection from a winter shut-off is available to low-income electric utility customers by applying each year, preferably in the fall, to their electric company for "hardship" status. "Hardship" customers cannot be shut off between November 1 and April 15, 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 shut-off is available only to low-income gas heat customers by applying each year, preferably in the fall, to their gas company for "hardship" status. "Hardship" heating customers cannot be shut off between November 1 and April 15, 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:
* $100; or
* minimum payments due under the payment agreement; or
* 20% of the amount owed when gas was shut off (not the amount of the
final billing after the shut-off).
Whenever possible, if you have a low income, you should
Except in an emergency, gas, electric and water companies cannot shut off utility service on a Friday, 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.
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).
If you receive a shut-off notice and then make payments that are at least 20% of the amount you owe, a gas, electric or water company (except municipal utilities like Norwich Electric) must give you another written notice before the company can shut off your service.
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 shut-off 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 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. This is easy to do when you have worksheets that show you how to set up a payment plan. (The worksheets are included below.)
Sometimes, utility companies will eliminate part of your old bill if you make all your scheduled payments ("arrearage forgiveness" programs). This booklet also tells you when this can be done.
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 shut-off.
After you have made a payment agreement it is important to make your payments on time. If you have a payment agreement and your financial situation changes, the agreement can be changed. If you can't make a payment, contact the utility company in advance to make other arrangements or your service can be shut-off.
This document includes two worksheets for you to complete. These worksheets will help you figure out what you must pay to your utility company. They will help you get the most from your energy assistance benefits. These forms assume that you are low-income and eligible for energy assistance. (The worksheets are below in the "Worksheets" section.)
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.
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.
An arrearage forgiveness program means that some of the back debt (bills) will be forgiven in exchange for making regular payments on your bill. Households are put on a budget plan which results in forgiveness of back bills to the utility company as long as the household makes the payments agreed to in the budget plan. The arrearage forgiveness programs have two parts: The winter program (November 1 to April 30) and the summer program (May 1 to October 31).
Apply for the arrearage forgiveness program with your utility company. Your local Community Action Agency or fuel bank may also help you apply.
Yankee Gas, Connecticut Natural Gas (CNG), Southern Connecticut Gas (SCG), Connecticut Light and Power (CL&P) and United Illuminating (UI) must offer low income customers a payment plan that allows for back bills to be "forgiven" in exchange for making regular payments, if the customer:
For the winter program, customers must sign up with their 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 double the amount you have paid and your energy assistance received by the company and apply that amount to your bill until you no longer owe the company money. 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 April 15 and November 1.
For the summer 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 double the amount paid and apply this amount to your bill.
Notes on Arrearage Forgiveness and Payment Agreements:
CL&P and UI also have special arrearage forgiveness programs available to customers who are not eligible for the program described above. Contact the utility to ask for information about these programs.
After you complete the worksheets, call the utility company, give them your account number and ask to speak to someone about a payment agreement. 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. Offer to pay the utility company the amount you filled in on
your worksheet. Explain to the company exactly how you calculated the amount you offer to
pay.
2. If you have a back utility bill, explain how much you are
including in each payment toward your old bill.
3. Tell the company exactly when you will make your payments. Promise to
contact the company if you will be late with a payment.
4. Promise to make payments as scheduled, including winter
payments.
5. Promise to apply for energy assistance on time. Call Infoline
(2-1-1) if you need information on when or where to apply for energy assistance.
6. Ask to be included in the utility company's arrearage forgiveness
program. If you are eligible for this program, ask when the company will
"forgive" part of your old bill and how much they will "forgive."
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 that 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.
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.
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.
1. 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 are unable to make an agreement that you can keep with other company staff, it is important that you insist on speaking to a company review officer. Get the review officer's name and explain exactly what you offered as a payment agreement.
2. 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 a written report.
3. 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 and ask for the Consumer Assistance and Information unit. Explain exactly what you offered as a payment agreement 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 it cannot work out an agreement, ask the DPUC to send a report to you and the company.
4. If the DPUC’s report does not resolve the problem, you can request a hearing. Within 10 days* of the mailing of the DPUC’s report request a hearing in writing. Mail your request to: 10 Franklin Square, New Britain, CT 06051. The DPUC will schedule a hearing. (See sample letter below).
(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 and Information 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)
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 in this booklet 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. A copy of the decision will be mailed to you.
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.
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.
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.)
Statewide Legal Services:1-800-453-3320 (Central CT & Middletown) (860) 344-0380 (All other regions). Se habla espaņol. 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 April 2006. 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.
Copyright: April 2006.