Home Heating Protection and Utility Regulation Act of 1983

Summary

Home Heating Protection and Utility Regulation Act of 1983 - Amends the Public Utility Regulatory Policies Act of 1978 to require State regulatory authorities, with respect to each electric or natural gas utility for which they have ratemaking authority, to adopt the standards governing termination and reconnection of utility service established by this Act. Provides that a State regulatory authority's failure to adopt such standards shall result in the State's ineligibility for financial assistance for the State's energy conservation plan under the Energy Policy and Conservation Act. Prohibits an electric or natural gas utility from terminating utility service or refusing to reinstate utility service terminated before the enactment of this Act to a residential customer during the winter period before: (1) certifying to the State regulatory authority that its action will not endanger the customer's health; and (2) notifying the customer of its intentions. Grants a notified customer five business days to request a hearing before the State regulatory authority on the utility's decision. Requires the customer to establish at such a hearing that: (1) the lack of utility service will endanger the health of a person in his or her household; and (2) the customer is unable to pay his or her entire account. Prohibits the termination of, or refusal to reinstate, utility service to a residential customer during the winter period if such customer's household contains a person who is blind, permanently disabled, or severely handicapped, a child under the age of ten, or an individual who is 65 years or older. Requires that a residential customer protected against termination of utility service under this Act and the utility that services such customer enter into a deferred payment agreement. Authorizes a State regulatory authority to order a binding deferred payment agreement in any case where such a customer and a utility cannot reach an agreement. Permits a utility to terminate service in any case where a customer refuses to enter into such an agreement after proper notice and a hearing by the State regulatory authority if requested by the customer and upon approval by the State regulatory authority. Provides that where a landlord is delinquent in paying for utility service billed to the landlord, the utility may not terminate utility service during the winter period unless the tenant is notified of the proposed termination and given the opportunity to receive utility service in such tenant's own name. Permits such a tenant to deduct amounts paid for such utility service from the rent due the landlord. Prohibits the termination of, or refusal to reinstate, utility service during the winter period where a landlord's account is delinquent and where it is not practicable for a tenant to receive utility service in such tenant's own name. Permits a utility in such a case to petition for appointment of a receiver of rent payments due the landlord until arrearages have been satisfied. Requires State regulatory authorities to report periodically to the Secretary of Energy data relating to utility service terminations. Authorizes the Secretary to reimburse State regulatory authorities, upon application, for expenses incurred in carrying out this Act. Prohibits grants under this Act to the Tennessee Valley Authority. Authorizes appropriations.

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1 official file

• Introduced in House

  summary · EN · 23 February 1983

  Open at official source

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