1. Keeping the Lights On: Representing Clients to Prevent Utility Shutoffs Barbara Richardson Senior Attorney Legal Assistance Foundation of Metropolitan Chicago brich@lafchicago.org www.lafchicago.org Aimee Gendusa-English Senior Consumer Rights Counselor Citizens Utility Board (220 ILCS 10/) CUB Act) aenglish@citizensutilityboard.org www.citizensutilityboard.org Friday, November 14, 2008

2. Introduction Investor-owned gas and electric companies Investor-owned gas and electric companies Applicable statutes: Applicable statutes: Public Utilities Act, 220 ILCS 5/2-101, et seq. Public Utilities Act, 220 ILCS 5/2-101, et seq. Rental Property Utility Service Act, 765 ILCS 735 et seq. Rental Property Utility Service Act, 765 ILCS 735 et seq. 83 Ill. Adm. Code Part 280 (Revisions Pending) 83 Ill. Adm. Code Part 280 (Revisions Pending)

3. Co-ops and Municipal Utilities 220 ILCS 5/Art. XVII Electric Cooperatives and Municipal Systems 220 ILCS 5/Art. XVII Electric Cooperatives and Municipal Systems Co-op by-laws and board of directors or board of trustees Co-op by-laws and board of directors or board of trustees Local ordinances & local elected officials Local ordinances & local elected officials Umbrella organizations such as: Umbrella organizations such as: Association of Illinois Electric Cooperatives (http://www.aiec.coop/) Association of Illinois Electric Cooperatives (http://www.aiec.coop/)http://www.aiec.coop/ Illinois Municipal Utilities Association (http://www.ilmua.org/) Illinois Municipal Utilities Association (http://www.ilmua.org/)http://www.ilmua.org/

4. Utility Shutoffs – General Rules Past due bill Past due bill Outstanding deposit Outstanding deposit Outstanding bill for service at another address Outstanding bill for service at another address Reneging on a deferred payment agreement (DPA) Reneging on a deferred payment agreement (DPA) Violation of a utilities’ rule, for example, not allowing access for a meter reading Violation of a utilities’ rule, for example, not allowing access for a meter reading

5. Utility Shutoffs – Winter Rules Special DPA rules December 1 through and including March 31 Special DPA rules December 1 through and including March 31 10% down payment instead of 25% 10% down payment instead of 25% Prior DPA defaults may be disregarded Prior DPA defaults may be disregarded Special reconnection rules November 1 through April 1 Special reconnection rules November 1 through April 1 After meeting certain requirements, can be restored for 1/3 (or 1/5 if cannot afford 1/3) of the following amounts: After meeting certain requirements, can be restored for 1/3 (or 1/5 if cannot afford 1/3) of the following amounts: the past due bill; the past due bill; the reconnection fee; and, the reconnection fee; and, the required deposit. the required deposit.

6. Investigating and Disputing High Utility Bills Meter reading problems Meter reading problems Budget billing Budget billing DPA DPA Deposits Deposits Transferred balances Transferred balances Energy consumption Energy consumption

7. Landlord-Tenant Disputes Rental Property Utility Service Act, 765 ILCS 735 et seq. Rental Property Utility Service Act, 765 ILCS 735 et seq. Applies when a prospective tenant will be paying for areas outside of his/her unit Applies when a prospective tenant will be paying for areas outside of his/her unit Requires landlord’s written notice to such prospective tenant Requires landlord’s written notice to such prospective tenant Requires written agreement to avoid landlord’s liability Requires written agreement to avoid landlord’s liability

8. Tampering and Unauthorized Usage Known as occupant use, self-restore, tampering, revenue protection or theft Known as occupant use, self-restore, tampering, revenue protection or theft “Guilty until proven innocent” “Guilty until proven innocent” File a complaint with CUB or the Illinois Commerce Commission (ICC) File a complaint with CUB or the Illinois Commerce Commission (ICC)

9. Low-Income Home Energy Assistance Program (LIHEAP) Administered by the IL Dept. of Healthcare and Family Services (IDHFS) Administered by the IL Dept. of Healthcare and Family Services (IDHFS) Local Administering Agencies (LAA’s) for each county take applications and issues grants Local Administering Agencies (LAA’s) for each county take applications and issues grants Community Economic Development Association of Cook County (CEDA) is LAA for Cook County Community Economic Development Association of Cook County (CEDA) is LAA for Cook County Requires SSN’s and verification of income for all household member for the last 30 days Requires SSN’s and verification of income for all household member for the last 30 days Gives Direct Vendor Payments (DVP) for heating gas and electric services Gives Direct Vendor Payments (DVP) for heating gas and electric services Gives cash assistance if utilities are included in rent and rent exceeds 30% of income Gives cash assistance if utilities are included in rent and rent exceeds 30% of income Gives up to $750 for Reconnection Assistance (RA) to restore service or if there is an “imminent disconnection” (disconnection within seven days of the application) Gives up to $750 for Reconnection Assistance (RA) to restore service or if there is an “imminent disconnection” (disconnection within seven days of the application)