Introduction
The Public Utilities Regulatory Commission (PURC) has issued regulations which rationalise and clearly spell out procedures governing termination of service to consumers of utility services pursuant to the Commission's powers under Act 538.
The Regulations known as Public Utilities (Termination of Service Regulations), 1999 (L.I. 1651) came into force on March 15, 1999 after the due Parliamentary process.
Summary of Regulations
What are the Grounds for Termination of Service?
1. A public utility may terminate service if a consumer: -
a) fails to pay for bills for the service used for more than twenty-eight days from date of demand of payment;
b) defaults on an agreed payment schedule for the service
c) defaults on an agree payment schedule for the installation of the service;
d) tampers or interferes with a meter or a public utility equipment or permits any person to damage any of the utility’s installation or equipment;
e) illegally connects the service or allows the service to be used in such a manner as to interfere with the supply to others;
f) uses a service which was legally connected in an unauthorized manner;
g) refuses to allow a public utility employee to read a meter or check utility equipment when the public utility employee has followed the prescribed procedures for obtaining access; or
h) requests the termination himself;
2. A public utility may terminate service it provides to a consumer where any part of the apparatus or equipment connected with supply to the premises of the consumer becomes defective or unsafe and disconnection becomes necessary for maintenance or repairs.
2. When is Termination Prohibited?
A public utility cannot terminate the service of a consumer where: -
a) the consumer has lodged a complaint with the public utility in respect of a disputed bill and has paid or continues to pay a reasonable amount;
b) a complaint in respect of a disputed bill or meter reading is under investigation by the Commission and the consumer has paid, or continues to pay, a reasonable amount; or
c) an unpaid bill is in the name of a previous occupant or owner and the current occupant or owner and the current occupant of the premises did not use the service for which he has been billed
3. Termination Notice
1) Generally, no public utility is to discontinue its services to a consumer unless it gives the consumer a written notice of termination of at least fourteen (14) days before the date of termination of the service.
2) Exceptions to the above rule are:
a) A public utility may terminate a service without notice if the public utility finds that the service is being obtained by the consumer illegally or through tampered equipment, and the public utility: -
has evidence thatthe condition was not inherited or that the consumer knew, or should have known, that he was not being fully billed for the service; or
has presented a written estimated bill for the service to a preson at the premises and given notice that it will continue the service but the notice may include a requirement for an immediate payment of 50 percent of the bill.
b) A public utility may also terminate a service without notice where the apparatus or equipment connected with supply to the premises of the consumer becomes defective or unsafe and the diconnection is necessary for maintenance or repairs.
3) A notice to terminate a service may be printed on the bill of the consumer.
4) At what time may Service be Terminated?
1) A public utility may terminate the service to a consumer only between the hours of 8:00 a.m. and 5:00 p.m. from Monday to Thursday in the week except that no termination shall be effected:
a) on a public holiday;
b) at a time when the public utility is aware or ought to be aware that there is an issue of safety to people, animals or property ; or
c) during emergency situations on a or related to premises of the consumer.
However, a public utility may terminate a service between the hours of 8:00 a.m. and 5:00 p.m. on Fridays provided the public utility has facilities for reconnection on Saturdays.
5) Special Protection for Residential Consumers
Speial protection applies in the following cases:
1) Where there is failure to pay a bill for service provided to a consumer and the public utility is aware that the consumer and all adults living with him: -
a) are of the age of 65 years or above; or
b) are blind or disabled
The public utility must contact the consumer and endeavour to agree on a payment arrangement with the consumer except that where such an arrangement cannot be arrived at or made, the public utilitymust continue to provide the service or a further period of thirty days from the date of any scheduled disconnection.
At the end of the 30 days, the pulic utility must serve written notice on the owner or occupier of the premises and wait for at least seven days before terminating the service.
2) Where a doctor issues a certificate that a medical emergency exists which will be aggravate by the lack of a utility service, that public utilitymust continue to provide the service to the consumer for 30 days from the date of any scheduled disconnection.
A doctor's certificate as described above may be renewed for an additional thirty (30) days if the doctor explains why the lack of service would aggravate the medical emergency and teh consumer has sufficiently demonstrated his inability bill.
At the end of the first 30 days or the renewal period, the public utility shall serve written notice on the owner or occupier of the premises and wait at least seven days before terminating the service.
6) Special Protection for Non- Residential Consumers
Special protection against termination also applies where premises are used as a hospital, health care facility, old persons home, residential school or institution which provides care for disabled persons who are dependent or mentally retarded, and there is failure to pay for the service provided.
The public utility is required to contact the consumer and endeavour to agree on a payment arrangement with the consumer.
If no agreement is reached on such arrangement the public utility must continue to provide the service for 30 days from the date of any scheduled disconnection.
At the end of 30 -day period, the public utility must serve written notice on a principal officer of the institution which owns or occupy the premises before terminating the service.
7) Reconnection for Service
Termination for Non- Payment
If a public utilityterminates a consumer's service for non- payment, it must reconnect the service wiyhin 24 hours after payment of: -
a) the full amount owed;
b) reconnection charges; and
c) other lawful charges related to the service
Termination for other Reasons
Service terminated by a public utility must be restored as follows: -
a) if the consumer enters inter a payment agreement with the utility, the utility must reconnect service within 24 hours of the consumer signing the payment agreement and the making of any required down payment;
b) if the service is terminated because of a violation of any regulation bythe consumer, the reconnection shall occur 24 hours after the consumer makes the request and the public utility receives appropriate evidence that the violation has been corrected;
c) if the service is terminated due to defective equipment or safety the utility shall reconnect the service within 24 hours of rectifying the defect or conducting the necessary maintenance or repairs; or
d) if circumstances beyond the public utility's control prevent a required reconnection, srevice shall be restored within 24 hours after the circumstances cease to exist.
Order of Coommission to Reconnect
The Commission may order reconnection if the service was terminated in error or where a complaint has been filled and the undisputed bill has been paid.
8. Offences
Generally, any person who contravenes the Regulations commits an offence.
Penalty: maximum sentence of ¢5 million fine and one year prison term.
In the case of continuing offence:
Penalty: ¢100,000 per each day on which the offence continues.
Where the offence is committed by a public utility which is a body corporate or by a partnership or orther firm, every director or officer of that body corporate or any member of the public utility shall also be guilty of an offence:
Penalty: ¢10 million for the offence and shall in addition be liable to the payment of compensation for any damage resulting from the breach unless he proves to the satisfaction of the court that: -
a) he exercised due diligence to secure compliance with the provisions of the Act; and
a) the offence was committed without his knowledge, consent or connivance.
CONCLUSION
It is to be emphasized that the Regulations are designed to introduce civility into the area of termination of service and to offer special protection to the vanerable and are not a measure to prevent customers from paying their bills. Customers are expected to behave responsibly by paying their bills promptly to enjoy protection under the Regulations and to enable the public utilities to serve them better.
For further inquiries contact:
Executive Secretary
Public Utilities Regulatory Commission
P. O. Box CT 3095
Cantonments – Accra
Tel: (233 – 21) 225680
(233 – 21) 244181
Fax: (233 – 21) 244188
E-mail:purcsec@ghana.com
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