1. Protecting Seriously Ill Utility Customers from Termination
Charlie Harak
NASUCA Conference June 2018

2. Law and Policy Underpinnings
“Utility service is a necessity of modern life…. discontinuance of [utilities]… may threaten health and safety” – Memphis Light 436 U.S. 1 (1978)
4/5 of fires resulting in death involve the use of space heaters.
Loss of utilities poses other health and safety risks.

3. Utility service is essential….
For those with refrigerated medications
For powered wheelchairs
To protect against hypo- or hyperthermia, especially the very young and elderly
To provide hot water
To keep the lights on

4. Terminations are on the rise
Poverty rate 12.7% / 43M Americans (‘16)
In many states, min. needed is 250% FPL
HHs cannot afford to pay their bills.
MA ( 3 largest cos.) has 75,000 terminations/yr.
CA getting towards 1 million/yr.
Prepay masks actual # of shut-offs.
Smart meters make shut-offs easier.

5. What can be done? Legislation can mandate protections.
Regulators can adopt protections.
Companies can voluntarily help those in need of protection.

6. There are a range of protections - 1
Massachusetts: If customer low-income, DR./P.A/N.P. ltr., for any HH member who is ill, protects against termination. Initially good 90 days; 180 if “chronic.” Adopted 1935! Ch. 164, s. 124A. Regs at 220 CMR Covers elect., gas (including munis).

7. There are a range of protection - 2
FL: Good protections, but narrow group. Protection for 12 months; can be renewed. BUT: only electric cos. Person must be dependent on needed electrical equipment, or face risk of hospitalization if service shut off. Certifier must be a physician.

8. There are a range of protection - 3
HA: No codified serious illness protections. However, some reporting burdens if terminating service to someone 62 or older and persons with disability.
NC: Cos. must establish coding for known ill/disabled customers.
AL: No mandated protections in law; perhaps in tariffs.

9. Where to go from here?
Look to states with model laws, regulations, or policies that help seriously ill consumers and that fit in the context of your state.
Consider voluntary/cooperative approaches with utilities.
Get better reporting of shut off data.

10. Questions?
…and thanks to Craig Graziano and my co-presenters