A utility shall not enter a customer's premises if: the customer has not consented; or the utility has not obtained a court order authorizing entry; or an emergency situation involving imminent danger to life or property does not reasonably appear to exist.
A customer shall be deemed to have consented to entry if:
The customer has agreed orally or in writing in advance of entry that the utility may enter the customer's premises on a particular occasion; or
The customer has agreed in writing that the utility may enter the customer's premises to read its meter or service utility equipment at reasonable times and occasions if the premises are unlocked, or if the customer has supplied a key. The form of agreement shall state in large, easy-to-read print: "YOU DO NOT NEED TO SIGN THIS AGREEMENT IN ORDER TO OBTAIN SERVICE. IF YOU DO SIGN THIS AGREEMENT, YOU MAY REVOKE IT AT ANY TIME BY WRITTEN NOTICE TO THE COMPANY." When consent has been given in accordance with this subpart, the utility shall notify the customer, on an annual basis by first class mail, that the consent previously given will continue in force for an additional year, unless the customer revokes the consent by written notice to the utility; or
The customer is on a nonresidential rate and the portion of that premises entered is open to the general public.
For the purpose of this part "premises" means buildings and structures and land surrounding the buildings which is not accessible except through a locked gate.
A utility shall notify the jurisdictional law enforcement agency before entering the customer's premises without the customer's consent unless it would be unreasonable under the facts and circumstances to do so.
October 9, 2008