3.1.E. ERMUSR 02-15-2011Elk River Municipal Utilities
Cold Weather Rule Policy
1. Policy. It is the policy of Elk River Municipal Utilities (ERMU) to comply with
the State of Minnesota "Cold Weather Rule", as set forth in Minnesota Statutes, Section
21613.097, as amended.
2. Annlicability. The ERMU Cold Weather Rule Policy (the "Policy") shall apply to
all ERMU residential electric customers who meet the criteria set forth in Minnesota
Statutes Section 21613.097. The Policy shall apply only to those ERMU residential water
customers who meet the criteria of Section 21613.097 and for whom water service affects
the primary heat source for the residential unit.
3. Annual Notice to Customers. ERMU will notify all ERMU customers, between
August 15 and October 15 of each year, of the provisions of the Cold Weather Rule and
the ERMU Cold Weather Rule Policy.
4. Restrictions on Disconnection. During the period between October 15 and April
15 of each year, ERMU residential customers to whom the Cold Weather Rule policy is
applicable, as provided above, will not be disconnected and, if disconnected on October
15, will be reconnected, provided all of the following conditions are met:
a) The customer has submitted a written statement of inability to pay the full
amounts due for utility services;
b) Household income at the customer address is at or below 50% of the state
median household income.
i) If income verification is necessary, ERMU may obtain income
verification from the local energy assistance provider or require that the
customer verify income on forms provided by ERMU.
ii) Income verification will not be required if the customer
receives any form of public assistance, including energy assistance, that
uses as an income eligibility threshold set at or below 50% of the state
median household income.
c) The customer enters into a payment agreement that considers the financial
resources of the household.
i) Payments due under a payment agreement shall be no less than
ten percent of the household monthly income.
ii) ERMU may require payments in excess of ten percent of the
household monthly income if such a payment amount is reasonable
considering the financial resources of the household.
iii) ERMU may agree, in its discretion, to payments of less than
ten percent of the household monthly income only if the customer has
submitted such information as ERMU shall require regarding the financial
resources of the household and ERMU makes a finding that a lesser
payment is justified given the financial resources of the household.
d) The customer makes reasonably timely payments under the payment agreement.
i) Failure to make timely payments under a payment agreement
shall authorize ERMU to immediately initiate a notice to the customer of
disconnection.
ii) Receipt by ERMU of two or more payments five days or more
beyond the due date shall be failure by the customer to make reasonably
timely payments.
e) The customer has received referrals to energy assistance, weatherization,
conservation, or other programs likely to reduce the customer's energy bills.
5. Notice of Disconnection.
a) Before disconnecting service to a residential customer during the period
between October 15 and April 15, ERMU will provide the customer with a
written notice of disconnection.
b) The notice of disconnection shall be mailed to the customer and, if different, the
owner of the service address, at least 20 days prior to the disconnection date,
and posted on the property at least 15 days prior to the disconnection date.
c) The notice of disconnection shall state the date of the proposed disconnection
and shall include:
i) a statement explaining the customer's rights and
responsibilities;
ii) a list of local energy assistance providers;
iii) a statement that forms on which to declare inability to pay are
available at ERMU; and
iv) a statement explaining that the customer has the opportunity to
enter into a payment agreement with ERMU if the criteria set forth in this
Policy and Minnesota Statutes, Section 21613.097 are met.
6. Anneal.
a) A customer may appeal a proposed disconnection by submitting a written notice
of appeal prior to the proposed disconnection date.
b) If a written notice of appeal is received by ERMU prior to the disconnection of
service, ERMU will not disconnect service until the appeal is resolved.
c) Upon receipt of a notice of appeal, ERMU shall schedule a hearing before the
ERMU Cold Weather Rule Appeals Board ("Appeals Board").
i) The hearing shall be held during normal business hours.
ii) The hearing shall be held no sooner than two weeks after
receipt of the written notice of appeal from the customer.
iii) The customer shall be notified of the date, time and place of
the hearing at least ten calendar days before the hearing.
d) Prior to the hearing, the customer shall submit a statement which shall contain
the following information:
i) Name, address and phone number of customer;
ii) Utility account number;
iii) Date of bill;
iv) Date of proposed disconnection;
v) Amount of bill;
vi) If the amount of bill is in dispute, reasons for the customer's
belief that the bill is in error and the customer's proposed adjustment; and
vii) If the customer is unable to pay part or all of the bill, the
customer's reason for inability to pay, verification of income and
proposed payment arrangements.
e) At the hearing before the Appeals Board the customer may present any
testimony and evidence relevant to the appeal. Members of the Appeals Board
may question the customer or other persons about any matter relevant to the
appeal.
f) The Appeals Board shall either decide the appeal prior to the conclusion of the
hearing or within five days thereafter.
i) If a decision is not made at the hearing, the decision shall be in
writing and mailed or delivered to the customer.
ii) If the decision is to uphold the appeal subject to conditions, the
conditions shall be reduced to writing and delivered to the customer along
with the deadline for compliance with the conditions. The order shall set a
date for disconnection of utility services if the conditions are not complied
with.
iii) If the decision is to deny the appeal, the Appeals Board shall
set a date for disconnection of services.
g) If an appeal is denied, or upheld subject to conditions, neither the denial nor the
conditions are subject to further appeal, and service shall be disconnected as
provided in the decision of the Appeals Board unless payment is made or the
conditions approved by the Appeals Board are complied with. No additional
appeals will be accepted or granted until the decision of the Appeals Board has
been complied with.
h) The Appeals Board shall consist of the following three members:
i) The ERMU Director of Operations.
ii) The ERMU Finance Director
iii) The ERMU Collections Manager
Disconnections.
a) If a customer does not respond to a disconnection notice, the customer will not
be disconnected until ERMU has investigated whether the residential unit is
actually occupied. If the unit is found to be occupied, ERMU will immediately
inform the occupant of the provisions of this Cold Weather Rule policy. If the
unit is unoccupied, ERMU will give seven days written notice of the proposed
disconnection to the local energy assistance provider before making a
disconnection.
b) Between October 15 and April 15, disconnections will not occur:
i) On a Friday;
ii) On a weekend, holiday or the day before a holiday;
iii) When ERMU offices are closed; or
iv) After the close of business.
Reconnection.
a) If utility service is disconnected, service will not be reconnected until:
i) All delinquent amounts are brought current, unless a payment
agreement is entered into as provided above;
i) A deposit is provided as required by ERMU's deposit policy;
and
iii) A reconnection fee is paid as provided by the ERMU schedule
of fees.
b) If the above conditions are met, utility services will be reconnected as soon as
practicable during normal business hours.
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