Indiana § 8-1-2-121 - Termination of residential electric or gas service

§ 8-1-2-121. Termination of residential electric or gas service

Sec. 121. (a) As used in this section, "electric or gas utility" includes a municipally owned, privately owned, or cooperatively owned utility.

(b) As used in this section, "electric utility" includes a privately owned or cooperatively owned utility.

(c) Notwithstanding any other provision of law, but subject to subsection (i), the following apply with respect to the termination of residential electric or gas service:

(1) An electric or gas utility may not terminate residential electric or gas service from December 1 through March 15 of any year for customers who are eligible for and have applied for assistance from a heating assistance program administered under IC 4-4-33.

(2) Subject to subsection (d), on any day for which a local weather forecast office of the National Weather Service has forecast, not earlier than forty-eight (48) hours in advance, a heat index of at least ninety-five (95) degrees Fahrenheit for a county or part of a county within an electric utility's assigned service area under IC 8-1-2.3, the electric utility may not terminate residential electric service for customers who:

(A) receive residential electric service from the electric utility at a location to which the forecasted heat index applies; and

(B) are eligible for and have applied for assistance under a heating assistance program administered under IC 4-4-33 during the calendar year in which the forecast is made.

For purposes of subdivision (1), the commission shall implement procedures to ensure that electric or gas utility service is continued while eligibility for such customers is being determined.

(d) If:

(1) an electric utility has provided a notice of disconnection to a customer described in subsection (c)(2) before the local weather forecast office of the National Weather Service forecasts a heat index described in subsection (c)(2) for the customer's service location; and

(2) the fourteen (14) day period following the issuance of the disconnection notice during which the electric utility is prohibited from terminating the customer's electric service under 170 IAC 4-1-16 would have elapsed on the forecasted date for the heat index to reach the level described in subsection (c)(2);

the fourteen (14) day period described in subdivision (2) is tolled until the first day that follows the day with respect to which the forecast was made and during which the forecasted heat index is not reached.

(e) Not later than June 1, 2026, an electric or gas utility shall post on the electric or gas utility's website a notice that:

(1) informs customers of the relief available to eligible customers under subsection (c); and

(2) includes:

(A) a toll free telephone number; or

(B) a link to a web page;

that a customer may call or access for information on how to apply for assistance from a heating assistance program administered under IC 4-4-33.

(f) An electric or gas utility shall provide any residential customer whose account is delinquent an opportunity to enter into a reasonable amortization agreement with such company to pay the delinquent account. Such an amortization agreement must provide the customer with adequate opportunity to apply for and receive the benefits of any available public assistance program. An amortization agreement is subject to amendment on the customer's request if there is a change in the customer's financial circumstances.

(g) The commission may establish a reasonable rate of interest which a utility may charge on the unpaid balance of a customer's delinquent bill that may not exceed the rate established by the commission under section 34.5 of this chapter.

(h) The commission shall adopt rules under IC 4-22-2 to carry out the provisions of this section.

(i) This section does not prohibit an electric or gas utility from terminating residential utility service upon a request of a customer or under the following circumstances:

(1) If a condition dangerous or hazardous to life, physical safety, or property exists.

(2) Upon order by any court, the commission, or other duly authorized public authority.

(3) If fraudulent or unauthorized use of electricity or gas is detected and the utility has reasonable grounds to believe the affected customer is responsible for such use.

(4) If the utility's regulating or measuring equipment has been tampered with and the utility has reasonable grounds to believe that the affected customer is responsible for such tampering.

As added by P.L.43-1983, SEC.10. Amended by P.L.41-1987, SEC.6; P.L.2-1992, SEC.78; P.L.181-2006, SEC.48; P.L.36-2026, SEC.5.