From Temporary Relief to Permanent Protection

For years, CEP has worked with other energy advocates and the Oregon Public Utility Commission (PUC) to develop temporary summer and winter rules to protect residential utility customers. For the next few months, we are working with the PUC to establish permanent protections. While the rules are not yet completed, we have highlighted some of the main points from each section of the current draft below: 

Eligibility and Definitions:

• For Division 21 regulations, “low-income” is replaced with “income-qualified.”

• For 60% or lower State Median Income (SMI) or participating in other qualifying low-income programs, the utility must allow the customer to self-certify as an eligible low-income customer.

Extreme Heat/Air Quality Protections:

These rules are not applicable to natural gas utilities.

• Utilities may not disconnect income-qualified residential customers or customers with medical certificate accounts during the first 24 hours after a severe weather-related moratorium. 

• Upon request from a residential customer, an energy utility won’t disconnect their service during the 24 hours after a severe weather-related moratorium was implemented. 

• Utilities cannot disconnect a customer for non-payment when an authorized local, state, or national weather reporting service has issued an extreme heat warning, extreme heat watch, or heat advisory for the area in which the resident is served. 

Cold Weather:

• November-March, utilities cannot disconnect residential customers for nonpayment at any time in the 24 hours before and 24 hours after a day when a temperature of 32°F or below is forecasted or when a winter storm warning indicating weather conditions pose a threat to life or property has been issued.

• From April 1st-September 30th, if a temperature of 25°F or below is forecasted or winter storm warnings indicating weather conditions that pose a threat to life or property are issued, energy utilities must put a moratorium on the disconnection of residential service for nonpayment the day of these applicable conditions through 8am the following day.

Air Quality:

• Energy utilities are not allowed to disconnect residential customers for nonpayment until 24 hours after qualifying Air Quality Index (AQI) conditions have ended. This rule includes natural gas utilities.

Reconnection Policies:

• Upon request from a customer who has been disconnected for nonpayment within seven days prior to severe weather or air quality conditions, energy utilities must make best efforts to reconnect the customer’s service. The energy utility may apply reconnection fees except where the customer qualifies for a waiver.

Reconnection Fees: 

• Reconnection fees cannot be made against customers participating in the energy utility’s bill discount program.

• Medical certificate customers cannot have reconnection fees imposed on them.

• Unless there is another rule, and upon request by a residential customer, an energy utility will allow a customer a waiver for one reconnection fee per calendar year

• If an energy utility can do remote reconnections, it cannot charge reconnection fees for utility customers

• Utilities cannot require residential customers to pay reconnection fees as a prerequisite for reconnection

Arrearage (Debt) Management:

• A utility must create and operate an Arrearage Management Plan (AMP) or Arrearage Forgiveness Program (AFP) for residential customers enrolled in the utility’s HB 2475 bill discount program(s).

Customer Protections: 

• Eligibility for AMP/AFP is established by a customer’s participation in the utility’s HB 2475 bill discount program and past due balance. No additional customer information or documentation is required for eligibility.

• If customer payments are required, a utility match component must be included.

• Ensure that the customer portion of payment arrangements does not go above 1% of the account’s HH (household) income on file.

• Provide referral and contact information between customers, local CAP agencies, and Energy Trust of Oregon to explore complementary energy efficiency options/programs.

• AMP/AF may: limit customers to one enrollment per year, $1,000 benefit limit, require post enrollment verification accounts not enrolled in OHCS energy assistance recipient list.

Notifying and Outreach:

• Notify customers of enhanced protections during ‘key touch points.’

• Notify CAP agencies of enhanced protections.

• Post enhanced protections info on the utility’s website.

• Train customer service reps of the utility on all available disconnection programs.

• Advisory groups and community action agencies will help determine the effectiveness of outreach efforts.

Accessibility:

• Look for other options for utilities to obtain customer info without requiring the use of a social security number (remove provision for utility to require social security numbers).

• Revise the languages that disconnection notices are available in to match the 5 most used languages in a utility’s service territory.

As mentioned above, while these rules are not yet finalized, we believe that being informed at every step of the process is important and beneficial for utility customers and community members. CEP will continue pushing for strong protections for Oregon’s most vulnerable residents while also advising utilities to improve and refine their outreach methods. Your voices from past listening sessions will guide our input, and we will share opportunities for public comment as they become available.