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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 15. PUBLIC UTILITIES AND CABLE TELEVISION |
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Chapter 15-3. CONSUMER RIGHTS AND RESPONSIBILITIES |
Section 15-307. DEPOSITS
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307.1A Utility shall not require a Deposit or guarantee from a person who has never been a Customer of the Utility.
307.2A Utility shall not require a Deposit as a condition of new or continued Utility service on the basis of income level, home ownership, residence location, race, color, creed, sex, age, or national origin.
307.3A utility shall not require a Deposit as a condition of new service to a person who has been a Customer of a utility before, except under the following circumstances:
(a)The service of the Customer has been disconnected for nonpayment of a past due balance not in dispute within the previous twelve (12) months; or
(b)The Customer has in an unauthorized manner, used, diverted or interfered with the service of the utility situated or delivered on or about the Customer’s premises within the twelve (12) months immediately preceding the Customer’s request for new service; provided, that the following requirements are met:
(1)The Customer’s service was last disconnected for this reason within the last five (5) years and that the Utility had so notified the Customer in writing, either by U.S. mail or electronically, to this effect; or
(2)The Customer either did not file a Complaint with the Commission regarding the Disconnection; or, if a Complaint was filed, final administrative action was taken thereon unfavorable to the Customer.
(c)The Customer’s Account has been delinquent in excess of sixty (60) Days within the previous twelve (12) months.
(d)The Customer has an outstanding balance due the utility for utility services. In any such event, the provision of new service may be conditioned upon payment of the outstanding balance.
307.4When a Deposit is required as a condition of new service to a former Customer, the Customer shall be notified in writing of the reason therefore and the amount of Deposit required.
307.5A Utility shall not require a Deposit as a condition of continued service to a Customer, except under the following circumstances:
(a)Utility service at the Customer’s residence has been used, interfered with, or diverted in an unauthorized manner within the previous twelve (12) months; or
(b)The Customer’s Account has been delinquent in excess of sixty (60) days within the previous twelve (12) months.
307.6When a Deposit is required of a Customer with service connected, the Customer shall be notified in writing of the reason therefore, the amount of Deposit required, the date due (not less than fourteen (14) days from the date of the first written notice), and that it may be paid in installments.
307.7No Deposit for Utility service shall exceed the lesser of $100 or 2/12th the estimated annual Bill; provided however, that any company or entity that is subject to or becomes subject to an order of the Commission that is contrary to this provision shall comply with the Commission’s order for the duration of the order and any extension thereof. The Utility shall notify the Customer in writing of the reason for the Deposit, the amount, date by which it must be paid, the fact that it may be paid in installments, and the payment options for the Deposit. If the Deposit requirement is thirty-five dollars ($35.00) or more, the Deposit may be paid in a minimum of three equal monthly installments with the first installment due prior to reconnection.
307.8Each Utility shall be liable for interest on Deposits held from the date the Deposit is made until the date the Deposit has been refunded, or until an effort has been made to refund the Deposit. Each Utility shall pay simple interest on deposits with the rate being established not later than January 15th of each year, equal to the average annual yields of one-year Treasury bills for September, October, and November of the preceding year.
307.9The Deposit with accrued interest shall be credited to any final Bill and any remaining balance shall be returned to the Customer.
307.10A Deposit and accrued interest shall be refunded promptly or credited to the Customer’s account by the Utility upon payment by the Customer of all proper Charges for Utility service for twelve (12) consecutive months.
307. 11A Utility shall maintain a record of all Deposits, showing the customer’s name and address or other identifying data, the amount of the Deposit, the date it was paid, and the interest earned and paid thereon.
307. 12Each Customer posting a Deposit shall receive confirmation containing, at a minimum, the following information:
(a)The Customer’s name;
(b)The date of the payment;
(c)The amount of payment; and
(d)A statement of the terms and conditions applicable to Deposits.
307.13When a customer is entitled to a return of a Deposit it shall be paid upon presentation of proper identification or verification of the account information.
307.14An Energy Supplier may require a Deposit from any Customer if authorized by its license.
307.15In lieu of a Deposit a Utility, Energy Supplier or Telecommunications Service Provider may offer to accept a written guarantee of payment from a responsible party. A responsible party shall include any customer of the Utility, Energy Supplier or Telecommunications Service Provider whose account has not been delinquent during the preceding twelve (12) months. A Utility, Energy Supplier or Telecommunications Service Provider is not obligated to accept a written guarantee from a party who is not a Customer. The Utility, Energy Supplier or Telecommunications Service Provider shall not require a written payment guarantee from any Customer ready, willing and able to make a deposit as authorized by this chapter.
307.16A guarantee shall be in writing on a form approved by the Commission and shall contain the following provisions unless otherwise agreed to by the Utility, Energy Supplier or Telecommunications Service Provider and the guarantor:
(a)That it is for an initial term of one (1) year;
(b)That the guarantor agrees to the pay the Utility, Energy Supplier or Telecommunications Service Provider within ten (10) days of demanding the balance outstanding in the guaranteed account upon termination of service to the account. The guarantor shall be liable only for amounts accruing to the account of the customer during the term of the guarantee;
(c)That upon failure of the guarantor to satisfy a written demand within ten (10) days, the Utility Energy Supplier or Telecommunications Service Provider shall include the amount in the guarantor’s next monthly billing. In such event, the amount transferred to the guarantor’s bill shall be considered to have been incurred in providing service to the guarantor. The guarantor shall have the same right to challenge an account balance as is enjoyed by the customer. Should the guarantor receive service from another service provider other than the Utility, Energy Supplier or Telecommunications Service Provider, that is a party to the guarantee, the Utility, Energy Supplier, or Telecommunications Service Provider may pursue its right to recover under applicable District of Columbia law. That, notwithstanding the terms of such guarantee, the guarantee agreement shall terminate upon satisfactory payment by the Customer of all proper charges for services for a period of twelve (12) consecutive months. Payment is deemed satisfactory if the Customer’s service is not terminated involuntarily, or if the Customer’s account has not been delinquent for an excess of sixty (60) days within the previous twelve (12) months. The Utility Energy Supplier or Telecommunications Service Provider may withhold the release of the guarantor pending the resolution of any dispute regarding the Customer’s account or amounts transferred to the guarantor’s account; and
(d)Prior to the signing of a guarantee agreement, a Utility Energy Supplier or Telecommunications Service Provider employee shall explain to the potential guarantor the consequences of the agreement. The employee shall obtain written acknowledgement from the guarantor that the oral explanation took place.
307.17The deposit and guarantee provisions of this section shall apply only to those cases in which the Utility, Energy Supplier or Telecommunications Service Provider requests a deposit from a Customer.