                                 CODE OF VIRGINIA

COMMISSION TO REQUIRE PUBLIC UTILITIES TO FOLLOW CERTAIN PROCEDURES (§
56-247.1)

A. The Commission shall require that public utilities adhere to the following
procedures for services not found to be competitive:

   1. Every public utility shall provide its residential customers one full
   billing period to pay for one month&#8217;s local or basic services, before
   initiating any proceeding against a residential customer for nonpayment of
   local service.

   2. Pay the residential customer a fair rate of interest as determined by the
   Commission on money deposited and return the deposit with the interest after
   not more than one year of satisfactory credit has been established.

   3. Every public utility shall establish customer complaint procedures that
   will ensure prompt and effective handling of all customer inquiries, service
   requests, and complaints. Such procedure shall be approved by the Commission
   before its implementation and it shall be distributed to its residential
   customers. The utility shall disclose to the customer that the Commission is
   the responsible regulatory agency and that the customer may contact the
   Commission on regulatory matters and provide the customer with the contact
   information for the Commission.

   4. No electric or gas utility shall terminate a customer&#8217;s service
   without 10 days&#8217; notice by mail to the customer.

   5. No public utility shall terminate the residential service of a customer for
   such customer&#8217;s nonpayment of basic nonresidential services as defined
   by its terms and conditions on file with the Virginia State Corporation
   Commission.

   6. A public utility providing water service shall not terminate service for
   nonpayment until it first sends the customer written notice by mail 10 days in
   advance of making the termination but, in no event, shall it terminate the
   customer&#8217;s service until 20 days after the customer&#8217;s bill has
   become due. Any such notice shall also include contact information for the
   customer&#8217;s use in contacting the public utility regarding the notice.

   7. Any electric utility formed under or subject to Chapter 9.1 (&#xA7;
   56-231.15 et seq.) may install and operate, upon a customer&#8217;s request
   and pursuant to an appropriate tariff for any type or classification of
   service, a prepaid metering equipment and system that is configured to
   terminate electric service immediately and automatically when the customer has
   incurred charges for electric service equal to the customer&#8217;s
   prepayments for such service. Subdivisions 1, 2, 4, and 5 shall not apply to
   services provided pursuant to electric service provided on a prepaid basis by
   a prepaid metering equipment and system pursuant to this subsection. Such
   tariffs shall be filed with the Commission for its review and determination
   that the tariff is not contrary to the public interest.

   8. No electric utility shall terminate the residential service of a customer
   for such customer&#8217;s nonpayment for metered services when the electric
   utility believes that the customer is receiving or has received electric
   utility services for which the customer was not properly billed as the result
   of tampering with the electric utility&#8217;s meter in a manner that
   prevented the meter from accurately recording usage, until the electric
   utility has complied with the procedure set forth in subsection C. However,
   the requirement that the electric utility comply with the procedure set forth
   in subsection C before terminating service shall not apply if (i) the
   condition of a customer&#8217;s wiring, equipment, or appliances is either
   unsafe or unsuitable for receiving the electric utility service; (ii) the
   customer&#8217;s use of the electric utility service or equipment interferes
   with or may be detrimental to the electric utility&#8217;s facilities or to
   the provision of electric utility service by the electric utility to any other
   customer; (iii) a tamper-evident meter seal securing the meter is broken,
   damaged, or missing; (iv) electric service is furnished over a line that is
   not owned or leased by the electric utility and the line is either not in a
   safe and suitable condition or is inadequate to receive electric utility
   service; (v) emergency repairs or alterations are needed; (vi) there are
   unavoidable shortages or interruptions in a supply of utility service; (vii)
   the electric utility is acting upon orders from an authority having
   jurisdiction; or (viii) the actions taken are to preserve life or property, or
   to avoid or abate utility or fire hazard.

B. Any and all Commission rules and regulations concerning the denial of
telephone service for nonpayment of such service shall not apply to services
found to be competitive.

C. If an electric utility believes that a customer is receiving or has received
electric utility services for which the customer was not properly billed as the
result of tampering with the electric utility&#8217;s meter in a manner that
prevented the meter from accurately recording usage, the electric utility shall
(i) retrieve the meter from the customer&#8217;s premises, which may be done
without providing prior notice to the customer; (ii) immediately replace it with
a new meter; and (iii) determine whether the meter has been tampered with.
Within 60 days after any such determination of meter tampering has been made,
the electric utility shall provide evidence of such tampering to the customer.
If, after determining the meter has been tampered with, the electric utility
seeks payment for electric utility services not properly billed, the electric
utility shall provide the customer with an invoice with a reasonable and final
estimate of the amount owed by the customer as a result of the meter&#8217;s
failure to accurately record the customer&#8217;s usage. The invoice shall
explain the electric utility&#8217;s calculation of the estimated amount owed as
a result of any suspected failure. The electric utility shall provide the
customer one full billing period to pay the amount billed in such invoice before
initiating any proceeding against the customer for nonpayment. During such
billing period, the customer may submit an informal complaint to the Commission
disputing the amount sought by the utility. The customer may commence a formal
proceeding after the informal complaint process has been exhausted in accordance
with Commission regulations.

HISTORY: 1976, c. 738; 1977, c. 59; 1980, c. 415; 2010, c. 320; 2011, cc. 500,
738, 740; 2020, c. 668.