2003 Minnesota Statutes

     216B.097 Cold weather rule, cooperative or municipal 
  utility. 

    Subdivision 1.    Application; notice to residential 
 customer.  (a) A municipal utility or a cooperative electric 
 association must not disconnect the utility service of a 
 residential customer during the period between October 15 and 
 April 15 if the disconnection affects the primary heat source 
 for the residential unit when the following conditions are met: 

    (1) the customer has declared inability to pay on forms 
 provided by the utility.  For the purposes of this clause, a 
 customer that is receiving energy assistance is deemed to have 
 demonstrated an inability to pay; 

    (2) the household income of the customer is less than 50 
 percent of the state median income; 

    (3) verification of income may be conducted by the local 
 energy assistance provider or the utility, unless the customer 
 is automatically eligible for protection against disconnection 
 as a recipient of any form of public assistance, including 
 energy assistance that uses income eligibility in an amount at 
 or below the income eligibility in clause (2); 

    (4) a customer whose account is current for the billing 
 period immediately prior to October 15 or who, at any time, 
 enters into a payment schedule that considers the financial 
 resources of the household and is reasonably current with 
 payments under the schedule; and 

    (5) the customer receives referrals to energy assistance 
 programs, weatherization, conservation, or other programs likely 
 to reduce the customer's energy bills. 

    (b) A municipal utility or a cooperative electric 
 association must, between August 15 and October 15 of each year, 
 notify all residential customers of the provisions of this 
 section. 

    Subd. 2.    Notice to residential customer facing 
 disconnection.  Before disconnecting service to a residential 
 customer during the period between October 15 and April 15, a 
 municipal utility or cooperative electric association must 
 provide the following information to a customer: 

    (1) a notice of proposed disconnection; 

    (2) a statement explaining the customer's rights and 
 responsibilities; 

    (3) a list of local energy assistance providers; 

    (4) forms on which to declare inability to pay; and 

    (5) a statement explaining available time payment plans and 
 other opportunities to secure continued utility service. 

    Subd. 3.    Restrictions if disconnection necessary.  
 (a) If a residential customer must be involuntarily disconnected 
 between October 15 and April 15 for failure to comply with the 
 provisions of subdivision 1, the disconnection must not occur on 
 a Friday or on the day before a holiday.  Further, the 
 disconnection must not occur until at least 20 days after the 
 notice required in subdivision 2 has been mailed to the customer 
 or 15 days after the notice has been personally delivered to the 
 customer. 

    (b) If a customer does not respond to a disconnection 
 notice, the customer must not be disconnected until the utility 
 investigates whether the residential unit is actually occupied.  
 If the unit is found to be occupied, the utility must 
 immediately inform the occupant of the provisions of this 
 section.  If the unit is unoccupied, the utility must give seven 
 days' written notice of the proposed disconnection to the local 
 energy assistance provider before making a disconnection. 

    (c) If, prior to disconnection, a customer appeals a notice 
 of involuntary disconnection, as provided by the utility's 
 established appeal procedure, the utility must not disconnect 
 until the appeal is resolved. 

    Subd. 4.    Application to service limiters.  For the 
 purposes of this section, "disconnection" includes a service or 
 load limiter or any device that limits or interrupts electric 
 service in any way. 

    HIST: 1991 c 235 art 2 s 1; 2001 c 212 art 4 s 2; 1Sp2003 c 11 
 art 3 s 2