NAC704.360. Termination of service: Provision of notice.

     1. If a utility has a reason for the termination of service under NAC 704.355 and intends to terminate service, the utility shall in every case send a written notice of its intended action to the customer at least 10 days before it carries out the action, except that if the customer has failed to comply with the terms of an agreement for deferred payment, the utility may terminate service upon 48-hours’ notice as provided in NAC 704.341.

     2. If the customer is an advanced service delivery meter customer, an electric utility must include a statement with the initial notice required by subsection 1 stating that the electric utility will notify the advanced service delivery meter customer or a third person designated by the customer pursuant to NAC 704.365 in person before termination of service if:

     (a) The advanced service delivery meter customer is elderly or is a person with a disability, or whose household includes a person who is elderly or a person with a disability; and

     (b) The advanced service delivery meter customer has notified the electric utility that the advanced service delivery meter customer is elderly or is a person with a disability, or whose household includes a person who is elderly or a person with a disability.

Ê As used in this subsection, “in person” means a method of notice provided by an electric utility in which a representative of the electric utility visits the premises where an advanced service delivery meter is located and makes a reasonable attempt to contact the customer at the premises.

     3. If the utility receives no response to the initial notice, it shall send a second notice to the customer using:

     (a) A method required by NAC 704.390, if the customer is subject to the provisions of that section; or

     (b) A method which ensures that the notice is delivered to the customer or the customer’s premises at least 48 hours before it terminates service.

     4. The initial notice must be served upon the customer:

     (a) By personal service;

     (b) By depositing the notice with the United States Postal Service, properly addressed and postage prepaid, for delivery by first-class mail to the customer’s last known mailing address; or

     (c) If requested by the customer and within the capability of the utility, by electronic notice sent via the Internet to the most recent electronic address provided to the utility by the customer.

     5. Service of the initial notice shall be deemed complete on the date that the notice is:

     (a) Delivered by personal service to the customer;

     (b) Deposited with the United States Postal Service, properly addressed and postage prepaid, for delivery by first-class mail to the customer’s last known mailing address; or

     (c) Sent via the Internet to the most recent electronic address provided to the utility by the customer.

     6. Except as otherwise provided in NAC 704.390, a second notice may be communicated to the customer:

     (a) In person;

     (b) By depositing the notice with the United States Postal Service, properly addressed and postage prepaid, for delivery by first-class mail to the customer’s last known mailing address;

     (c) If requested by the customer and within the capability of the utility, by electronic notice sent via the Internet to the most recent electronic address provided to the utility by the customer;

     (d) By telephone if the person receiving the communication is 18 years of age or older and is a resident at the address where service is being provided; or

     (e) By posting the notice on the door of that residence if no one is at home.

Ê If a utility intends to change the method it normally uses to communicate a second notice, it shall send a written notice to its customers specifying the new method and the date on which it will begin using that method.

     7. The initial notice and any second notice of an intended termination of service must contain the following information in plain language, with the information listed in paragraphs (i), (j) and (l) presented in a larger type size than the balance of the notice:

     (a) An identification of the account affected by the intended termination.

     (b) The date on or after which the intended termination will occur.

     (c) The address of the location where service will be terminated.

     (d) The reason for the intended termination, including, if the intended termination is for nonpayment, a statement designating the bill as one for actual or estimated use and specifying the total amount owed, the period over which that amount was incurred and the minimum payment required to avoid termination.

     (e) The procedures which are available to dispute or appeal from the intended termination, specifying the address and telephone number of the utility’s office which is responsible for handling complaints or inquiries.

     (f) A statement that the utility will promptly investigate any complaint or dispute and give the customer its written decision on the matter.

     (g) A statement that if the customer wishes to dispute any fact or interpretation of a regulation relied upon by the utility in its decision to terminate service, the customer must communicate with the Division. The statement must include the mailing address, telephone number and toll-free telephone number of the Division.

     (h) A statement that service will not be terminated before a resolution of the dispute if the customer pays the questioned portion of the bill at the time the dispute arises and pays all subsequent bills.

     (i) An explanation of any arrangements for payment which the utility offers to customers who have difficulty in paying their bills.

     (j) A list of the names, addresses and telephone numbers of at least two governmental agencies or other organizations which have notified the utility that they will assist customers in paying their utility bills.

     (k) An explanation of the restrictions on the termination as set forth in NAC 704.370.

     (l) A statement that a customer should notify the utility immediately if any member of the customer’s household requires the continuing use of electric or gas appliances to maintain that member’s essential health. The statement required by this paragraph must advise the customer that the customer may obtain a postponement of the termination of service pursuant to NAC 704.370.

     (m) An explanation of the utility’s fee schedule and procedures for reconnecting service.

     8. If a utility provides a customer with an initial notice or a second notice of an intended termination of service and the customer or another adult resident of the customer’s household communicates orally with the utility concerning the notice, the utility shall explain to the customer or other adult resident each item of information which is included in the notice pursuant to subsection 7.

     9. If a utility has a reason for the termination of service and intends to terminate service to a mobile home park or a multiunit residential complex, the utility shall use its best efforts to notify the occupants of each family dwelling unit located within the park or complex of the utility’s intended action. The utility shall use its best efforts to notify the occupants by posting on the door of each such unit a written notice which states:

     (a) The reason for the termination of service;

     (b) The deadline for making any delinquent payments or for taking any corrective action that is necessary to avoid the termination of service; and

     (c) The date scheduled for the termination of service in the event that any delinquent payments are not made or corrective action is not taken.

Ê The utility shall provide the notice required by this subsection to the occupants of a multiunit residential complex at the same time that the utility provides notice to the customer of record for the complex.

     [Pub. Service Comm’n, Gen. Order 27 § 4.1, eff. 8-21-81]—(NAC A 8-4-83; 1-5-89; A by Pub. Utilities Comm’n by R198-01, 2-17-2005; R035-11, 10-26-2011)