Chapter 363-B: Procedures for Termination of Certain Utility Services

I. No public gas or electric utility, as defined in RSA 362:2, shall terminate any residential service without good cause and without providing the customer at least 10 days' written notice of the utility company's intent to terminate service. The notification shall be sent by regular mail or shall be delivered by hand, and shall inform the customer of the proposed date of termination, the reason for termination, and the provision in RSA 363-B:2 for questioning or contesting the reason for termination.

II. For purposes of this section, good cause shall mean violation of any tariff provision then in force as approved by the public utilities commission, or nonpayment of charges that are past due and remain unpaid after proper demand for them.

III. Notwithstanding the foregoing, a gas or electric public utility may terminate service to a residential customer without prior notice to the customer or the department when:

(a) There exists unauthorized or fraudulent use or procurement of utility service;

(b) A condition dangerous to the health, safety, or utility service of others exists;

(c) There is a clear and present danger to life, health, or physical property; or

(d) The customer has clearly abandoned the premises.

The utility shall notify the department after it has terminated service for any of these reasons.

IV. This section shall not apply when the customer requests the termination of service.

I. Any person who receives a notice of intent to terminate service pursuant to RSA 363-B:1 and believes such proposed termination to be unjustified may request, prior to the date specified in the termination notice, a conference with the utility company involved to review the basis for the proposed termination. The conference with the utility company shall be conducted in person, by writing or by telephone as the customer may elect. If the customer is dissatisfied with the outcome of the conference he may, within 3 days after the conference if the conference is conducted in person, or within 5 days after the conference if the conference is conducted by writing or by telephone, request a conference with a staff member of the department of energy to review the basis for the proposed termination. The conference with the department may be conducted by writing or by telephone if the customer so elects.

II. In the event of a request for a conference with the public utility, the public utility shall continue service to the customer for 3 days after the conference if the conference was conducted in person, or for 5 days after the conference if the conference was conducted by writing or by telephone, or to the date specified in the notice of termination, whichever comes later.

III. During the conference with the utility company, the utility company shall inform the customer of his right to request a conference with a staff member of the department of energy. If the conference with the utility company is conducted in person, the customer shall be furnished a form for requesting a conference with a staff member of the department during the conference. If the conference with the utility company is conducted by writing or by telephone, the utility company shall mail the form to the customer by regular mail on the same day as the conference. In the event of a request for a conference with a staff member of the department, the public utility shall continue service to the customer until such time as the staff member or the department determines that termination is justified.

Notwithstanding any other provisions of state law, any electric or gas public utility may, prior to terminating residential service to a tenant or to a condominium owner, provide notice of the termination to the property owner, in the case of a tenant, or any associated condominium association when:

I. The termination of service is to occur between November 1 and April 30, inclusive of beginning and end dates; and

II. The property owner or the condominium association has requested that it, or its agents, be notified in such instances.