SECTION 165:65-11-11. Disconnection of service by a utility

(a)   Sufficient reasons for disconnection of service. A utility may disconnect service to a consumer for any of the following reasons:

(1)   Nonpayment of all or any portion of undisputed utility bills or a utility bill which is no longer disputed or for which the Commission's dispute process has been completed.

(2)   Failure to comply with the terms and conditions of a settlement agreement or any type of deferred payment agreement or a Commission order.

(3)   Failure to post a deposit as prescribed in OAC 165:65-11-3.

(4)   Failure to make application for service.

(5)   Misrepresentation of identity or facts for the purpose of obtaining service or use of an alias, trade name, business name, relative's name or another person's name as a device to escape payment of an unpaid obligation for utility service provided to the consumer.

(6)   Violation of any rule or regulation of the Commission or Commission-approved rule of the utility.

(7)   Refusal to grant access at reasonable times for the purpose of installation, inspection, maintenance, replacement, or reading of utility equipment installed upon the premises of the consumer, or maintaining any obstruction that would deny access for these purposes.

(8)   Potential adverse effect of the service required by the consumer on the service of other consumers of the utility, provided the consumer has been notified and given a reasonable opportunity to correct the adverse effect.

(9)   A consumer provides false or misleading information to the utility in order to avail the consumer of the provisions applicable to the financial assistance delay, deferred payment agreement or Commission notification procedure for elderly and/or handicapped consumers.

(10)   Where negligent or wasteful use of water exists on a consumer's premises, which adversely affects the general service, the utility may discontinue the service if the conditions are not corrected. Where such waste threatens the supply to a substantial number of other consumers, service may be discontinued immediately after notice.

(11)   Abandonment of the premises served.

(12)   Upon request of the consumer pursuant to OAC 165:65-11-10.

(13)   Causing injury or threatening to cause injury to an employee of the utility or the family of an employee of the utility or the property of the utility for the purpose of preventing a utility employee from engaging in activities authorized by law or in retaliation for such activities.

(14)   Whenever the utility has reason to believe that continued service will create a condition on the consumer's premises that is dangerous to persons or property.

(15)   Violation of the utility's rules regarding the operation of nonstandard equipment or unauthorized attachments, if the consumer was notified first and given a reasonable opportunity to comply with the rules.

(16)   Violation of federal, state, or local laws or regulations through use of the service.

(17)   Causing damage to utility property.

(18)   A condition exists which poses a health or safety hazard.

(19)   Unauthorized use of water service accomplished through bypassing of the utility's measuring equipment or tampering with pipes, meters, or other utility equipment.

(20)   The utility may disconnect service twenty-four (24) hours after providing notice for violations of (3) through (9) of this subsection.

(b)   Insufficient reasons for disconnection of service. A utility shall not disconnect service to a consumer for any of the following reasons:

(1)   Failure to pay for a different kind or classification of service from that requested.

(2)   Failure to pay a bill correcting a previous under billing, due to misapplication of rates, unless the utility offers the consumer a deferred payment agreement as provided elsewhere in this Chapter.

(3)   Failure of a previous owner or occupant at the premises or user of the service to pay an unpaid or delinquent account, except where the previous occupant remains an occupant or user of the utility service.

(4)   Failure of a consumer to pay any portion of an estimated billing which the consumer disputes, except where the consumer fails to allow a utility representative access to the meter.

(5)   If a current consumer in good standing who accepts an additional household member owing a previous bill to the utility unless that additional household member is listed on the lease arrangements or another utility service as a responsible party, or unless the household member shared service with the subscriber at a different or same location.

(6)   If a consumer or potential consumer for a previously unpaid account from a different utility beyond the boundaries of the utility's service territory.

(7)   Pending verification, service cannot be withheld or disconnected from a consumer whose name was used to obtain service at another location without the consumer's permission or knowledge.

(8)   Nonpayment of an amount past due for more than three (3) years if the utility cannot substantiate the charges with a copy of the consumer's complete billing history reflecting usage, consumption and relevant charges.

(9)   Failure to pay a past due amount to another utility.

(c)   Effective period of notice. A utility may disconnect service on the date specified in the notice or within thirty (30) calendar days thereafter, during regular business hours, so long as the disconnection does not occur within the last two (2) hours of the business day; nor shall service be disconnected on a holiday, nor after noon (12:00 p.m.) on Fridays until Monday morning.

(d)   Documentation of reason(s). The utility shall provide documentation to the consumer indicating the reason(s) that service is being withheld or disconnected.

[Source: Amended at 11 Ok Reg 3751, eff 7-11-94; Amended at 12 Ok Reg 2167, eff 7-1-95; Amended at 16 Ok Reg 2380, eff 7-1-99; Amended at 20 Ok Reg 2322, eff 7-15-03; Amended at 36 Ok Reg 718, eff 7-25-19]