Index | NCLC Digital Library

ACTIONS: wrongful disconnection, 6.7.1; manufactured home parks, 14.5; tenants, 6.8.4.6
AFDC EMERGENCY ASSISTANCE PROGRAM (EA): see also EMERGENCY ASSISTANCE PROGRAMS; repeal of program, 7.1.2
AFFORDABILITY PROGRAMS: see PAYMENT ASSISTANCE PLANS
ALTERNATIVE DISPUTE RESOLUTION: weatherization programs, 9.2.5.11
ALTERNATIVE POWER PRODUCERS (APPs): see also COMPETITIVE SUPPLIERS; retail wheeling, 1.2.2.3; wholesale wheeling, 1.2.2.3
ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD: telecommunications equipment, accessibility guidelines, 11.4.6
ARREARS: see UTILITY ARREARS
ASSISTANCE PROGRAMS: see EMERGENCY ASSISTANCE PROGRAMS; PAYMENT ASSISTANCE PLANS; UTILITY ARREARS
ATTORNEY FEES AND COSTS: FCBA violations, 15.2.2; intervenor funding, 7.4.4; self-help evictions, 6.8.4.3
BANKRUPTCY: see also BANKRUPTCY CODE; administrative costs, recovery, 13.2.4.2; automatic stay, 13.1.1.1, 13.1.2.3.1, 13.2.3.1; building code enforcement, application, 13.2.3.8.2; postpetition arrears, application, 13.1.2.3.4; relief from stay, 13.2.3.4; Chapter 7; abandonment by the trustee, 13.2.3.8.1; conversion to Chapter 13, 13.1.3.6; described, 13.1.1.3; discharge of debts, 13.1.3.1; involuntary dismissal, 13.1.3.6; loss of service without abandonment, 13.2.3.8.2; pre-bankruptcy arrears, treatment, 13.1.3.1; utility liens, 13.1.3.2.2; Chapter 11; adequate assurance, 13.1.2.3.2; appointment of trustee, 13.2.3.7; conversion to Chapter 7, 13.2.3.7; use by individuals, 13.1.1.3; Chapter 12 or 13; conversion to Chapter 7, 13.1.3.6; described, 13.1.1.3; involuntary dismissal, 13.1.3.6; pre-bankruptcy arrears, treatment, 13.1.3.1; security deposit alternative, 13.1.2.3.2; stripdown, 13.1.3.2.2; utility liens, 13.1.3.2.2; voluntary dismissal, 13.1.3.6; consumer (utility customer) bankruptcy; advantages, 13.1.1.1; disadvantages, 13.1.3.4; options, 13.1.1.3; security deposits, 5.2.9, 13.1.2.3.2; utility arrears, special treatment, 13.1.2; disconnection protection, 6.3.9, 13.1.2.1, 13.1.2.5; discrimination re, 13.1.2.5; in forma pauperis, 13.2.3.5; initiating, 13.1.3.7; injunctive relief, 13.2.3.2; landlord bankruptcy; effect on state law remedies, 13.2.2; enforcing monetary claims, 13.2.4; generally, 13.2.1, 13.2.5; keeping utilities on during process, 13.2.3; withholding rent, 13.2.3.6; leverage to establish payment plans, 13.1.3.3; non-dischargeability, seeking determination, 13.2.4.3; pending actions, removal to bankruptcy court, 13.2.3.3; proof of claim, filing, 13.2.4.1; purpose, 13.1.1.4; security interests, effect, 13.1.1.3, 13.1.3.2.2; timing issues, 13.1.3.5; utility arrears, special treatment, 13.1.2; adequate assurance, 13.1.2.3.2, 13.1.2.3.3; continuation or reconnection of service, 13.1.2.3.1; governmental units, 13.1.2.5; postpetition service, 13.1.2.3.1, 13.1.2.3.2; postpetition termination procedures, 13.1.2.3.4; tampering exemption, 13.1.2.4; utility claims, status, 13.1.3.2; dealing with secured claims, 13.1.3.2.2; objecting to priority treatment, 13.1.3.2.1
BANKRUPTCY CODE: see also BANKRUPTCY; overhaul, 13.1.1.2, 13.2.1; utility arrears, special treatment, 13.1.2; service providers, application, 13.1.2.2
BILL OF RIGHTS: see CONSUMER BILL OF RIGHTS
BILLING DISPUTES: see also BILLING ERRORS; disconnection during, 6.3.5; FCBA, application, 5.5.9, 15.2.2; interstate telephone billings, 11.1.4; late charges, 5.5.2; slamming, 11.5.3.3
BILLING ERRORS: see also BILLING DISPUTES; UTILITY CHARGES; defined, 15.2.2; fast meters, 4.4; FCBA protections, 5.5.9, 15.2.2; meter tampering, 4.3.3; overcharges, 4.4; reverse metering, 4.1.2; undercharges, 4.1.2, 4.3.3, 6.6; unmetered use, estimating, 4.3.4
BILLING PLANS: see BUDGET BILLING PLANS; DEFERRED PAYMENT PLANS
BILLINGS: see UTILITY CHARGES
BREACH OF CONTRACT: see also CONTRACT LAW; discourteous treatment as, 2.6.2; energy or telecommunications service, 15.4.1.1; landlord-requested disconnects; covenant of quiet enjoyment, 6.8.4.1; third-party beneficiary, 6.8.4.6; warranty of habitability, 6.8.4.2; wrongful disconnection, 6.7.1
BROADBAND: see also INTERNET
BUDGET BILLING PLANS: see also PAYMENT; PAYMENT RESTRUCTURING PROGRAMS; UTILITY CHARGES; customer change in circumstances, 6.3.3.1.1; deferred payment plans, relationship, 6.3.3.3.2; described, 6.3.3.1.1; extraordinary price increases, 6.3.3.4; missed payments when ahead, 6.3.6; monthly budget amount; insufficient, 6.3.3.1.3; review, 6.3.3.1.2; too high, 6.3.3.1.2, 6.3.6; overpayments, 6.3.3.1.2; overview, 7.2.4; security deposit alternative, 5.2.6; underpayments, 6.3.3.1.3; water utilities, 12.3
BUILDING AND FIRE CODES: enforcement during landlord’s bankruptcy, 13.2.3.8.2
BUNDLED SERVICE: energy service; generation and distribution, 2.1.4; unbundling, see RETAIL WHEELING; telecommunications companies, 11.5.2
BURDEN OF PROOF: see also EVIDENCE; bankruptcy; administrative costs, 13.2.4.2; meter tampering, 13.1.2.4; relief from stay, 13.2.3.4; injunctive relief, irreparable harm, 2.4.2; meter accuracy, 4.4; meter tampering, 4.3.2.1, 13.1.2.4; notice of disconnection, non-receipt, 6.2.5; payment, 5.1.11; punitive damages, 6.7.2.4; slamming, 11.5.3.3; usage of trade, 15.4.1.3
CASE LAW: see SOURCES OF LAW
CHARITIES: fuel funds, 7.1.1.1
CHECK PAYMENTS: see also PAYMENT; utility charges, 5.1.5, 5.1.6
CIVIL RIGHTS STATUTES: see also DISCRIMINATION; ESPs, application, 5.5.10
CLASS ACTIONS: slamming, 11.5.3.3
CLEARINGHOUSE NUMBERS: see also SARGENT SHRIVER NATIONAL CENTER ON POVERTY LAW; documents and unpublished cases, 1.1.4
COLLATERAL MATTERS: common law rule; generally, 2.2.1; unrelated contract, 2.2.2.1, 2.2.2.2, 6.4.2.1; defined, 2.2.1; denial of service based on, 2.2, 6.4; past undercharges, 6.6.4; prohibition, 2.2.1, 6.4.1; third-party debt, 2.2.3, 6.5; unrelated contract, 2.2.2, 6.4.2, 6.4.3; non-utility credit history, 5.2.4; old utility debts, 2.2.2.1; past conduct defrauding the utility, 2.2.2.4; past undercharges, 6.6.4; separate business run by utility, 2.2.2.5, 6.4.3; state regulations, 2.2.2.3, 6.4.2.2; third-party debt, see THIRD-PARTY DEBTS
COLLECTION ACTIVITIES: disconnection as collection means; collateral matters, 6.4; disputed bills, 6.3.5; past undercharges, 6.6; PUC regulations, 5.5.3; third-party debts, 6.5; late charges, relationship, 5.5.3; PUC protections, 5.5.3
COMMON LAW: collateral matters, 2.2.1, 2.2.2.2, 2.2.3.1, 6.4.2.1, 6.5.1; contract law, see CONTRACT LAW; disconnection; during billing dispute, 6.3.5; notice of disconnection, 6.2.1, 6.2.2; duty to serve, 2.1, 6.7.2.1; landlord’s duty to provide utilities, 3.3.1; landlord-tenant relationship, 6.8.4.4; necessaries, liability for, 2.2.3.5; security deposits, 5.2.7.1; utility providers, application, 2.1.1
COMMUNICATIONS SERVICES: see PUBLIC UTILITIES; TELECOMMUNICATIONS SERVICES; TELEPHONE SERVICE; UNIVERSAL TELECOMMUNICATIONS SERVICE; UTILITY SERVICE
COMPETITION: see RESTRUCTURING
COMPETITIVE SUPPLIERS: electric power restructuring and, 1.2.2.3; FCBA, application, 15.2.1; litigation, 2.1.5; low-income consumers, 2.1.5; partial payments, allocation, 5.1.4; state regulation, 2.1.5
COMPLAINTS: denial of service, 2.4; Open Internet Rules, 11.6; slamming, 11.5.3.3; filing with FCC, 11.5.3.5; filing with PUC, 11.5.3.4
CONSERVATION PLANS: see ENERGY EFFICIENCY PROGRAMS
CONSTITUTIONAL LAW: discrimination, see DISCRIMINATION; due process, see DUE PROCESS
CONSUMER BILL OF RIGHTS: utility service, 2.5
CONSUMER PROTECTION LAWS: ECOA, see EQUAL CREDIT OPPORTUNITY ACT (ECOA); ESPs, application, 5.5.10; FCBA, see FAIR CREDIT BILLING ACT (FCBA); inadequately regulated utilities, application, 15.4; state utilities regulations; background to rules, Appx. A.2; selected state regulations, Appx. A.3; state-by-state summaries, Appx. A.5–Appx. A.7; UCC, see UNIFORM COMMERCIAL CODE (UCC); UDAP, see UNFAIR OR DECEPTIVE ACTS AND PRACTICES (UDAP)
CONSUMERS: see CUSTOMERS; DISABLED CUSTOMERS; ELDERLY CUSTOMERS; LOW-INCOME CONSUMERS
CONTRACT LAW: breach of contract, see BREACH OF CONTRACT; energy or telecommunications service, application, 15.4.1.1; mistake doctrine, 4.1.2; notice of disconnection, 6.2.1; public utilities, application, 2.1.1; quantum meruit doctrine, 6.5.6.4; tenant as third-party beneficiary, 6.8.4.6; third-party liability, 2.2.3.4, 6.5.6.2; contracts implied in fact, 6.5.6.3; contracts implied in law, 6.5.6.4; UCC application, see UNIFORM COMMERCIAL CODE (UCC); unjust enrichment, 6.5.6.4; unrelated contracts, see COLLATERAL MATTERS; usage of trade, application, 15.4.1.3
COOPERATIVES: see RURAL ELECTRIC COOPERATIVES (RECs)
COURTEOUS TREATMENT: see also CUSTOMER SERVICE; right to; remedies for discourteous treatment, 2.6.2; special relationship, 2.6.1
CRAMMING: described, 11.5.4; enforcement actions, 11.5.4.2; FCC Truth in Billing rule, 11.5.4
CREDIT HISTORY: see CREDIT REPORTS; CREDIT SCORES
CREDIT PRACTICES RULE (FTC): pyramiding late charges, 5.5.6.2
CREDIT REPORTS: full utility credit reporting, 5.2.5; current practice, 5.2.5.4; fairness and consistency, 5.2.5.7; harm to low income consumers, 5.2.5.5; overview, 5.2.5.1; state protections, 5.2.5.6; nontraditional credit reports, 5.2.5.3
CREDIT SCORES: accuracy of information, 5.2.4.5; application to utility access, 5.2.4; challenging, 5.2.4.8; disparate impact, 5.2.4.6; duty to provide service, 5.2.4.4; fairness, 5.2.4.2; necessary safeguards, 5.2.4.9; reliability, 5.2.4.2, 5.2.4.5; security deposits, 5.2.4.1; credit reporting by utilities, 5.2.5; disputing, 5.2.4.7; how they work, 5.2.4.3; nontraditonal uses, 5.2.5.3; traditional uses, 5.2.5.2
CREDIT TRANSACTIONS: defined, 5.2.2.2.3; discrimination; ECOA, 5.2.2.2; state law, 5.2.2.2.5
CRISIS ASSISTANCE: see EMERGENCY ASSISTANCE PROGRAMS
CROSSMETERING: see REVERSE METERING
CUSTOMER SERVICE: see also TREATMENT OF CUSTOMERS; courteous treatment, right to, 2.6; deregulation effect, 1.2.2.3.3; quality of service, 1.2.2.3.2; duty to serve, see DUTY TO SERVE; telephone customers, issues, 11.5
CUSTOMERS: see also CUSTOMER SERVICE; bill of rights, see CONSUMER BILL OF RIGHTS; disabled customers, see DISABLED CUSTOMERS; discourteous treatment, 2.6.2; elderly customers, see ELDERLY CUSTOMERS; illness, see MEDICAL ILLNESS; low-income customers, see LOW-INCOME CONSUMERS; service, see CUSTOMER SERVICE; special relationship with utility, 2.6.1
DAMAGES: credit discrimination, 5.2.2.2.4; discourteous treatment, 2.6.2; FCBA violations, 15.2.2; late charges as, 5.6.4; refusal of service, 2.4.2; termination by utility, 6.7.1, 6.7.2.4; bankruptcy stay violation, 13.1.2.3.1; billing dispute, during, 6.3.5; termination of service by landlord, 3.3.4; covenant of quiet enjoyment, 6.8.4.1; self-help evictions, 6.8.4.3
DEBTS: collateral debts, see COLLATERAL MATTERS; collection, see COLLECTION ACTIVITIES; FAIR DEBT COLLECTION PRACTICES ACT (FDCPA); third-party debts, see THIRD-PARTY DEBTS
DEFAULT SERVICE: Provider of Last Resort (POLR), 1.2.2.3, 2.2.2; restructured states, 2.1.4; electricity rates, 1.2.2.3; risks for consumers, 1.2.2.3.4
DEFENSES: disconnection; estoppel, 4.1.2, 6.6.2, 6.6.3; Fair Credit Billing Act, 5.5.9, 15.2.2; payment, 5.1; regulatory protections, 5.5.3; erroneous undercharges, 4.1.2, 6.6; late charges, 5.5; payment as defense, pleading, 5.1.11; spousal liability, inability to pay, 2.2.3.5; tender of payment, effect, 5.1.2; utility allowances, inadequate, 10.7.2
DEFERRED PAYMENT PLANS: see also PAYMENT; PAYMENT ASSISTANCE PLANS; UTILITY CHARGES; arrearage forgiveness, 7.2.5; bankruptcy leverage, 13.1.3.3; budget billing plans, relationship, 6.3.3.3.2; default on agreement, 6.3.4; extraordinary price increases, 6.3.3.4; form of agreements, 6.3.3.3.3; mistaken undercharges, 6.6.1; overview, 6.3.3.3.1; partial payment as substitute, 6.3.3.3.4; renegotiation, 6.3.3.3.5; varying terms between utilities, 5.2.5.7.2; water utilities, 12.3
DEFINITIONS: billing error, 15.2.2; collateral matter, 2.2.1; cost-effective, 9.4.6; cramming, 11.5.4; credit transaction, 5.2.2.2.3; crisis, 8.2.5; default service, 2.1.4; discriminate against an applicant, 5.2.2.2.1; energy cost allocation, 4.5.3.1; good faith, 15.4.1.4; household, 8.3.2.1, 8.3.2.4; public utility, 1.1.5; slamming, 11.5.3.1; standard offer service, 2.1.4; tenant rent, 10.1.3; unfairness, 15.4.2.2; universal telecommunications service, 11.2.1, 11.2.6; utility allowance, 10.2.1
DELIVERABLE FUELS (UNREGULATED): see UNREGULATED DELIVERABLE FUELS
DEMAND SIDE MANAGEMENT (DSM): restructuring, effect, 1.2.2.3, 9.4.1; weatherization and conservation, 9.4.1
DENIAL OF SERVICE: see REFUSAL OF SERVICE
DEPARTMENT OF AGRICULTURE: weatherization assistance, 9.3.2
DEPARTMENT OF ENERGY (DOE): weatherization program, see WEATHERIZATION ASSISTANCE PROGRAM (WAP)
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD): Emergency Shelter Grants (ESG) Program, 7.1.3; Forms 52722-A and -B, 10.8.6; subsidized housing programs; described, 10.1.2; project-based assistance, 10.2.6.3; Public Housing Occupancy Guidebook, 10.2.3.2; public housing program, see PUBLIC HOUSING PROGRAM; Section 8 voucher program, see SECTION 8 HOUSING (VOUCHERS AND CERTIFICATES); Section 236 housing, 10.2.6.2; utility allowances, policies, 10.6.3, 10.6.4
DEPOSITS: see SECURITY DEPOSITS
DEREGULATION: see RESTRUCTURING
DISABLED CUSTOMERS: see also CUSTOMERS; LOW-INCOME CONSUMERS; deaf-blind services, 11.4.5; protections from disconnection, 6.3.1; telecommunications accessibility, 11.4; enforcement, 11.4.7; generally, 11.4.1; guidelines, 11.4.6; video accessibility, 11.4.4
DISCLOSURE: credit scores, use, 5.2.4.7; payment assistance recipients, information re, 7.3.3
DISCONNECTION OF SERVICE: see TERMINATION OF SERVICE
DISCOUNT RATES: see also RATE DISCOUNT PROGRAMS; RATES; as unjust discrimination, 2.3.4, 7.5; outreach and enrollment, Appx. E; PUC authority, 7.5.4; restructuring and, 1.2.2.3; telephone, see TOLL-LIMITATION SERVICES
DISCRIMINATION: see also CONSTITUTIONAL LAW; bankruptcy filing, 13.1.2.5; civil rights statutes, see CIVIL RIGHTS STATUTES; credit scores, 5.2.4.6; defined, 5.2.2.2.1; duty to serve without, 2.3.2; ECOA, see EQUAL CREDIT OPPORTUNITY ACT (ECOA); Fair Housing Act (FHA) prohibitions, 6.8.4.8; landlord conduct, 6.8.4.4, 6.8.4.8; late charges, 5.5.7, 5.5.10; payment assistance programs as, 2.3.4, 7.5; public utilities; FHA, 6.8.4.8; generally, 2.3.1, 5.2.2.2.1; governmental units, 13.1.2.5; RECs, 15.1.4; security deposits, 5.2.2; third-party debts, 2.2.3.2, 15.1.3.2; unjust and unreasonable discrimination; basic rule, 2.3.1, 2.3.2, 7.5.2; city resident status, 2.3.3; low-income rates as, 2.3.4, 7.5; undercharges as, 4.1.2; utility rates and service, 2.3, 4.1.2, 7.5
DISPUTE RESOLUTION: billing disputes, see BILLING DISPUTES; regulated utilities; PUCs, 1.3.5; refusal of service, 2.4.1; restructuring, after, 1.3.5; WAP benefits, tenant issues, 9.2.5.11; weatherization programs, 9.2.5.11
DISTRIBUTION COMPANIES: partial payments, allocation, 5.1.4
DPAs: see DEFERRED PAYMENT PLANS
DSM: see DEMAND SIDE MANAGEMENT (DSM)
DUE PROCESS: see also CONSTITUTIONAL LAW; IOUs, application, 15.1.1; LIHEAP actions, 8.7.2; MUNIs, application, 15.1.2; public and subsidized housing, 6.8.4.7; RECs, application, 15.1.4; requirements, 15.1.3; generally, 15.1.3.1; landlord defaults, 3.2.1, 15.1.3.3; third-party debts, 15.1.3.2; termination of service, 3.2, 15.1.3
DURESS: payments under, 5.1.10
DUTY TO SERVE: see also UTILITY SERVICE; codification, 2.1.3; common law duty, 2.1.2, 6.7.2.1; credit scores and, 5.2.4.4; default or standard offer service, 2.1.4; deregulation effect, 2.1.4; non-discriminatory rates and services, 2.3.2, 7.5.2; special relationship between utilities and customers, 2.6.1; statutory duty, 2.1.2; tort remedies, 6.7.2
ELDERLY CUSTOMERS: see also CUSTOMERS; LOW-INCOME CONSUMERS; protections from disconnection, 6.3.1
ELECTRIC MEMBERSHIP CORPORATIONS: see RURAL ELECTRIC COOPERATIVES (RECs)
ELECTRIC POWER SERVICE: see also REGULATED UTILITIES; UTILITY SERVICE; affordability programs, see PAYMENT ASSISTANCE PROGRAMS; civil rights acts, application, 5.5.10; consumer protection statutes, application, 5.5.10; contract law, application, 15.4.1.1; credit reporting, 5.2.5.5; demand side management, 1.2.2.3; deregulation, 1.1.6, 1.2.2.3; disconnection, see TERMINATION OF SERVICE; good faith standard, 15.4.1.4; industry overview, 1.2.2.1; infrastructure, assistance connecting to, 7.2.6; integrated resource planning, 1.2.2.3; investor-owned utilities, see INVESTOR-OWNED UTILITIES (IOUs); meters, see METERS; municipal utilities, see MUNICIPAL UTILITIES (MUNIs); non-utility generators, see ALTERNATIVE POWER PRODUCERS (APPs); prepaid service, 4.6; rates, see RATES; regulation, 1.2.2.2; reliability issues, 1.2.2.3.2; restructuring, 1.1.6, 1.2.2.3; customer service, 1.2.2.3.3; default service risk, 1.2.2.3.4; low-income consumers, impact, 1.2.2.3.3; quality and reliability issues, 1.2.2.3; weatherization, 1.2.2.3.3; retail wheeling, 1.2.2.3; rural cooperatives, see RURAL ELECTRIC COOPERATIVES (RECs); self-generation, 4.5.2.1; tenancy situations, see RESIDENTIAL TENANCIES; UCC, application, 15.4.1; UDAP, application, 15.4.2; usage of trade, application, 15.4.1.3; wholesale wheeling, 1.2.2.3
ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT (E-SIGN): disconnect notice exemption, 6.2.5
EMERGENCY ASSISTANCE PROGRAMS: see also FEDERAL ASSISTANCE PROGRAMS; AFDC repeal, 7.1.2; Emergency Food and Shelter Program (EFSP), 7.1.4; Emergency Shelter Grants (ESG) Program, 7.1.3; FEMA funds, 7.1.4; fuel funds, see FUEL FUNDS; LIHEAP, 8.1.3.2, 8.2.5; MOE funds, 7.1.2; TANF block grants, 7.1.2
EMERGENCY FOOD AND SHELTER PROGRAM (EFSP): see also EMERGENCY ASSISTANCE PROGRAMS; overview, 7.1.4
EMERGENCY SERVICES: calls using Internet relay services, 11.4.2; universal access, 11.2.6
EMERGENCY SHELTER GRANTS (ESG): see also EMERGENCY ASSISTANCE PROGRAMS; overview, 7.1.3
EMOTIONAL DISTRESS: see MENTAL DISTRESS
ENERGY ASSISTANCE: see FEDERAL ASSISTANCE PROGRAMS; PAYMENT ASSISTANCE PLANS
ENERGY ASSURANCE PROGRAMS (EAPs): see PAYMENT ASSISTANCE PLANS
ENERGY COST ALLOCATION SYSTEMS: see also MASTER-METERING; described, 4.5.3.1; justification for use, 4.5.3.2; potential regulations, 4.5.3.5; types of systems, 4.5.3.3; UDAP challenges, 4.5.3.4; water allocation formulas, 4.5.4
ENERGY EFFICIENCY PROGRAMS: see also WEATHERIZATION ASSISTANCE; funding, 9.1, 9.5; low-income programs, 9.4.7; combining funds, 9.4.7.4; cost-effectiveness, 9.4.6; high transaction costs, 9.4.7.1; low-interest loans, 9.4.7.3; non-energy savings repairs, 9.4.7.2; property assessed clean energy (PACE) loans, 9.5; utility-sponsored, 9.4; cost-effective requirement, 9.4.6; low-income programs, 9.4.7
ENERGY POLICY ACT (EPACT): wholesale wheeling, 1.2.2.3
ENERGY SERVICE: see ELECTRIC POWER SERVICE; NATURAL GAS SERVICE; UNREGULATED DELIVERABLE FUELS
EQUAL CREDIT OPPORTUNITY ACT (ECOA): credit transactions, application, 5.2.2.2.3; discrimination, definition, 5.2.2.2.1; enforcement, 5.2.2.2.4; late charges, application, 5.5.10; overview, 5.2.2.2.1; parallel state statutes, 5.2.2.2.5; prohibited bases, 5.2.2.2.2; public utilities, application, 5.2.2.2.1; security deposits, application, 5.2.2.2
EQUAL PAYMENT PLANS: see BUDGET BILLING PLANS
EQUAL PROTECTION: see DISCRIMINATION
EQUITABLE REMEDIES: credit discrimination, 5.2.2.2.4; estoppel, see ESTOPPEL; injunctive relief, see INJUNCTIVE RELIEF; mandamus, see MANDAMUS; refusal of service, 2.4.2; tenant as third-party beneficiary, 6.8.4.6
ERRONEOUS BILLING: see BILLING ERRORS; REVERSE METERING
ESPs: see ELECTRIC POWER SERVICE
ESTOPPEL: see also EQUITABLE REMEDIES; erroneous undercharges, application, 4.1.2, 6.6.2, 6.6.3; late or partial payments, acceptance as, 6.3.4
EVICTIONS: see also RESIDENTIAL TENANCIES; discriminatory, 6.8.4.4; public and subsidized housing, 6.8.4.7; retaliatory, 6.8.4.4; self-help, see SELF-HELP EVICTIONS; UDAP violations, 6.8.4.5; utility disconnection as, 6.8.4.1; manufactured home parks, 14.5; weatherization, after, 9.2.5.5
EVIDENCE: see also BURDEN OF PROOF; PRESUMPTIONS; meter tampering; presumption of responsibility, 4.3.2.1; standard of evidence, 4.3.2.2; payment, 5.1.11
EXTENDED PAYMENT PLANS: see DEFERRED PAYMENT PLANS
EXTREME WEATHER CONDITIONS: see also WINTER SERVICE; disconnection moratoria, 6.3.2; state-by-state protections, Appx. A.5; LIHEAP funding, 8.1.3.2, 8.2.5
FAIR CREDIT BILLING ACT (FCBA): application to utilities, 15.2.1; disconnections, using to stop, 5.5.9; municipal or REC disconnects, 15.2; late charges, application, 5.5.9; overview, 5.5.9, 15.2.2
FAIR DEBT COLLECTION PRACTICES ACT (FDCPA): application; landlord-requested disconnects, 6.8.4.5
FAIR HOUSING ACT (FHA): discrimination prohibitions, 6.8.4.8
FAMILY MEMBERS: see THIRD-PARTY DEBTS
FCC: see FEDERAL COMMUNICATIONS COMMISSION (FCC)
FEDERAL ASSISTANCE PROGRAMS: see also PAYMENT ASSISTANCE PLANS; UTILITY ARREARS; emergency assistance, see EMERGENCY ASSISTANCE PROGRAMS; Housing and Development Act, eligibility provision, 8.5.2.2; LIHEAP, see LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP); REACH, see RESIDENTIAL ENERGY ASSISTANCE CHALLENGE (REACH); telephone access, see LIFELINE ASSISTANCE PROGRAM; WAP, see WEATHERIZATION ASSISTANCE PROGRAM (WAP)
FEDERAL COMMUNICATIONS COMMISSION (FCC): jurisdiction, 11.1.4; net neutraility, 11.1.2; Open Internet Rules, 11.6; slamming; anti-slamming rules, 11.5.3.1; complaints, filing, 11.5.3.3, 11.5.3.5; regulations, Appx. B.3; telecommunications regulation, 11.1.4; Internet, 11.6; net neutrality, 11.1.2; slamming regulations, 11.5.3.1, Appx. B.3; unsolicited calls, proposed rules, 11.5.5; Truth in Billing rule, 11.5.4
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA): Emergency Food and Shelter Program, 7.1.4
FEDERAL ENERGY REGULATORY COMMISSION (FERC): see also PUBLIC UTILITIES COMMISSIONS (PUCs); electric power regulation, 1.2.2.2; natural gas regulation, 1.2.1.2; wholesale wheeling policies, 1.2.2.3
FEDERAL HOME LOAN MORTGAGE CORPORATION (FREDDIE MAC): utility allowances, 10.2.7
FEDERAL NATIONAL MORTGAGE ASSOCIATION (FANNIE MAE): utility allowances, 10.2.7
FEDERAL POVERTY LEVEL (FPL): overview of guidelines, 7.3.4.2; median income alternative, 7.3.4.3; 2008 guidelines, Appx. D.3
FEDERAL PREEMPTION: FCC, 11.1.4
FEDERAL TRADE COMMISSION (FTC): credit practices rule, see CREDIT PRACTICES RULE (FTC); unfairness standard, 15.4.2.2
FEMA FUNDS: see EMERGENCY FOOD AND SHELTER PROGRAM (EFSP); FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
FOOD STAMPS: see UTILITY ARREARS
FORGIVENESS OF ARREARS: Connecticut model, 7.2.5.2; Missouri model, 7.2.5.3; other states, 7.2.5.4; overview, 7.2.5.1
FRAUD: grounds for termination, 6.1.3; meter tampering, see METER TAMPERING
FTC: see FEDERAL TRADE COMMISSION (FTC)
FUEL FUNDS: see also EMERGENCY ASSISTANCE PROGRAMS; PAYMENT ASSISTANCE PLANS; funds raised, 7.1.1.2; overview, 7.1.1.1
FUEL OIL: see HOME HEATING OIL
GARBAGE SERVICE: see SANITATION SERVICE
GAS SERVICE: see NATURAL GAS SERVICE; REGULATED UTILITIES; UTILITY SERVICE
GOOD FAITH STANDARDS: public utilities, 15.4.1.4
HABITABILITY: see WARRANTY OF HABITABILITY (IMPLIED)
HEARINGS: see also REGULATORY PROCEEDINGS; due process rights, 15.1.3.1; public and subsidized housing evictions, 6.8.4.7
HEATING COST ALLOCATION (HCA) SYSTEMS: see also ENERGY COST ALLOCATION SYSTEMS; MASTER-METERING; described, 4.5.3.1; public housing, 10.8.7.2
HEATING FUELS: electric power, see ELECTRIC POWER SERVICE; home heating oil, see HOME HEATING OIL; natural gas, see NATURAL GAS SERVICE; propane, see PROPANE GAS; unregulated deliverable fuels, see UNREGULATED DELIVERABLE FUELS
HEATING SERVICE: see ELECTRIC POWER SERVICE; NATURAL GAS SERVICE; PUBLIC UTILITIES
HOME HEATING OIL: see also UNREGULATED DELIVERABLE FUELS; price gouging statutes, 15.3.5; PUC regulations, application, 15.3.4; special problems, 15.3.3; UDAP, application, 15.3.4
HOUSEHOLDS: energy expenditures, disparities, 5.2.5.7.3; LIHEAP eligibility; definition, 8.3.2.1, 8.3.2.4; separate living quarters, 8.3.2.3; unrelated borders, 8.3.2.2
HOUSING: see also FAIR HOUSING ACT (FHA); code violations, 3.3.1; discrimination prohibitions, 6.8.4.8; energy efficiency, see ENERGY EFFICIENCY PROGRAMS; WEATHERIZATION ASSISTANCE; HUD, see DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); manufactured housing, see MANUFACTURED HOMES; subsidized housing, see PUBLIC HOUSING PROGRAM; SECTION 8 HOUSING (VOUCHERS AND CERTIFICATES); SUBSIDIZED HOUSING
HOUSING AND DEVELOPMENT ACT OF 1992: energy assistance eligibility provision, 8.5.2.2; special LIHEAP rule, 8.5.2.4, 8.5.2.5
HUD: see DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD)
ILLNESS: see MEDICAL ILLNESS
INCOME-BASED PAYMENT ASSISTANCE PLANS: see PERCENTAGE OF INCOME PAYMENT PLANS (PIPPs)
INFORMATION PROVIDERS (IPs)
INJUNCTIVE RELIEF: see also EQUITABLE REMEDIES; bankruptcy court, 13.2.3.2; implied warranty of habitability, 3.3.1; termination of service, 2.4.2; breach of covenant of quiet enjoyment, 6.8.4.1; self-help eviction, 6.8.4.3; wrongful termination, 6.3.5, 6.7.1, 6.8.3; utility allowances, inadequate, 10.7.3
INTEGRATED RESOURCE PLANNING (IRP): weatherization and conservation, 9.4.1
INTEREST CHARGES: compound interest, 5.5.6.4; late charges distinguished, 5.5.8, 5.6.2, 5.6.4
INTEREST PAYMENTS: security deposits, 5.2.10
INTERNET: see also TELECOMMUNICATIONS SERVICES; broadband; FCC regulation, 11.6; deaf-blind services, 11.4.5; IP-enabled voice providers, 11.4.1; National Broadband Plan, 11.1.1; net neutraility, 11.1.2; Open Internet Rules, 11.6; relay services, 11.4.1; research aids, see WEB RESOURCES; telecommunications jurisdiction, 11.1.4; video accessibility, 11.4.4; VoIP, 11.4.1
INTERVENOR FUNDING: see also REGULATORY PROCEEDINGS; allowable costs, 7.4.4; attorney fee awards, 7.4.4; benefits of regulatory participation, 7.4.1; NCLC manual, 7.4.1; publicly funded counsel as alternative, 7.4.5; PURPA requirements, 7.4.5; specific conditions, 7.4.3; state authority, 7.4.2
INMATE PAYPHONES: FCC actions, 11.5.7.3; rates. 11.5.7; state actions, 11.5.7.4; video visitation, 11.5.7.5
INVESTOR-OWNED UTILITIES (IOUs): see also PUBLIC UTILITIES; REGULATED UTILITIES; due process, application, 3.2, 15.1.1; duty to serve, 2.1.2; electric power capacity, 1.2.2.1; FCBA, application, 15.2.1; UDAP, application, 5.5.11; unjust discrimination, 2.3.2
JOINT BOARD ON UNIVERSAL SERVICE: see also UNIVERSAL TELECOMMUNICATIONS SERVICE; mandate, 11.2.5; universal service definition, 11.2.1, 11.2.6
JURISDICTION: complaints against utilities, 1.3.5; doctrine of primary jurisdiction, 1.3.5, 2.4.2; FCC, 11.1.4, 11.6; PUCs, 1.3.5, 11.1.3; refusal of service complaints, 2.4.2; telecommunications services; Internet, 11.6; interstate services, 11.1.4; long-distance slamming, 11.5.3.1; services for the disabled, 11.4.7; wireline services, 11.1.3
KEROSENE: see UNREGULATED DELIVERABLE FUELS
LANDLORDS: see RESIDENTIAL TENANCIES
LATE CHARGES: see also PAYMENT; UTILITY ARREARS; UTILITY CHARGES; challenging; discriminatory fees, 5.5.7, 5.5.10; ECOA, 5.5.10; FCBA, 5.5.9; generally, 5.5.1; late payments by others, 5.5.4; late receipt of bill, 5.5.4; liability terminated, 5.5.5; pyramided charges, 5.5.6; UDAP, 5.5.11; unauthorized charges, 5.5.2, 5.5.3; unfairness, 5.6; uniform fees, 5.5.7; usury, 5.5.8; disputed bills, 5.5.2; fairness, 5.6; generally, 5.6.1; non-utility context, 5.6.4; prompt payment inducement, 5.6.3; reasonable and legitimate expenses, 5.6.2; interest status, 5.5.8, 5.6.2, 5.6.4; premature assessment, 5.5.7; PUC regulations, 5.5.2, 5.5.3; purpose, 5.6.2, 5.6.3; pyramiding; described, 5.5.6.1; FTC Credit Practices Rule, 5.5.6.2; multiple charges for same payment, 5.5.6.3; unpaid late charges, 5.5.6.4; tender of payment, effect, 5.1.2; partial tender, effect, 5.1.2
LDCs: see LOCAL DISTRIBUTION COMPANIES (LDCs)
LECs: see LOCAL TELEPHONE COMPANIES
LETTERS OF AGENCY (LOA): long-distance telephone carriers, 11.5.3.2
LEVEL PAYMENT PLANS: see BUDGET PAYMENT PLANS
LIENS: see UTILITY LIENS
LIFELINE ASSISTANCE PROGRAM: see also PAYMENT ASSISTANCE PLANS; UNIVERSAL TELECOMMUNICATIONS SERVICE; amount of support, 11.3.3; Universal Service Fund, 11.2.2, 11.2.4; application, 11.3.6.2; certification, 11.3.6; covered services, 11.3.4.1; eligibility, 11.3.5; documentation, 11.3.6.3; enhanced program, 11.3.7.2, 11.37.3; eligible telecommunications carriers; duties re, 11.3.2, 11.3.9; regulations, Appx. B.2.1; Telecommunications Act of 1996, Appx. B.1.1; tribal lands, 11.3.7.4; enhanced support, 11.3.7; federal regulations, Appx. B.2; number-portability charge waiver, 11.3.4.3; minimum service standards, 11.3.4.1; overview, 11.3.1; participation, strategies to increase, 11.3.9; other resources, Appx. B; outreach,11.3.9, 7.3.4.7; recertification, 11.3.6.4; portability of benefits, 11.3.4.2; state support, 11.2.7; termination of assistance, dealing with, 11.3.8; notice requirement, 11.3.8; Tribal Lifeline and Link-Up, 11.3.7; customer qualifications, 11.3.7.3; eligible carriers, 11.3.7.4; geographic coverage, 11.3.7.2
LINK-UP PROGRAM: see also LIFELINE ASSISTANCE PROGRAM; UNIVERSAL TELECOMMUNICATIONS SERVICE; eligibility; enhanced program, 11.3.7.2, 11.3.7.3; enhanced program, 11.3.7; outreach, 11.3.9; Tribal Lifeline and Link-Up, 11.3.7; customer qualifications, 11.3.7.3; eligible carriers, 11.3.7.4; geographic coverage, 11.3.7.2
LIQUEFIED PETROLEUM GAS (LPG): see UNREGULATED DELIVERABLE FUELS
LOAD LIMITERS: disconnection prerequisite, 6.3.8
LOCAL DISTRIBUTION COMPANIES (LDCs): electricity, restructuring and, 1.2.2.3; natural gas; regulation, 1.2.1.2; restructuring and, 1.2.1.3; supply to consumers, 1.2.1.1
LOCAL EXCHANGE COMPANIES (LECs): see LOCAL TELEPHONE COMPANIES
LOCAL GAS DISTRIBUTION UTILITIES: see LOCAL DISTRIBUTION COMPANIES (LDCs)
LOCAL TELEPHONE COMPANIES: cramming, 11.5.4; shut-offs for other than local service, 11.5.2; slamming, 11.5.3
LONG-DISTANCE TELEPHONE CARRIERS: see also TELECOMMUNICATIONS CARRIERS; charges, see LONG-DISTANCE TELEPHONE CHARGES; freezing, 11.5.3.7; Letter of Agency (LOA), 11.5.3.2; slamming, 11.5.3; verification requirements to switch service, 11.5.3.2
LONG-DISTANCE TELEPHONE CHARGES: prepaid telephone cards, 11.5.6; shut-offs re, 11.5.2; local phone company, 2.2.2.5
LOW-INCOME CONSUMERS: see also RESIDENTIAL TENANCIES; advanced metering and, 4.5.6; conservation of energy, see ENERGY EFFICIENCY PROGRAMS; credit reporting by utilities, effect, 5.2.5.5; fairness and consistency, 5.2.5.7; credit scores, disparate impact, 5.2.4.6; disabled consumers, see DISABLED CUSTOMERS; discount rates; see also RATE DISCOUNT PROGRAMS; as unjust discrimination, 2.3.4, 7.5; outreach and enrollment, Appx. E; restructuring and, 1.2.2.3.3; telephone, see TOLL-LIMITATION SERVICES; water, 12.3; discriminatory deposits, 5.2.2; discriminatory rules, challenging, 2.3.1; DSM programs, 9.4.1; dynamic pricing structures and, 4.5.6; ECOA, application, 5.2.2.2.2; elderly consumers, see ELDERLY CUSTOMERS; energy assistance, see FEDERAL ASSISTANCE PROGRAMS; LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP); PAYMENT ASSISTANCE PLANS; energy burdens, 7.3.4.5; federal poverty guidelines, 7.3.4.2, Appx. D.3; identifying, 7.3.2.2, 7.3.4; outreach issues, 7.3.1, 7.3.2.2, 7.3.3, Appx. E; prepayment meters and, 4.6.3, 4.7.3; privacy concerns, 7.3.3; public housing, see PUBLIC HOUSING PROGRAM; reconnection charges, waiver, 5.4; regulatory proceeding participation, see INTERVENOR FUNDING; restructuring and, 1.2.2.3.3; security deposits, see SECURITY DEPOSITS; subsidized housing, see SUBSIDIZED HOUSING; telecommunications service; federal assistance program, see UNIVERSAL TELECOMMUNICATIONS SERVICE; universal service, definition, 11.1.2, 11.2.2; universal service, regulations, Appx. B.2; universal service, statutory provisions, Appx. B.1; time-based pricing and, 4.5.6; water affordability, 12.1–12.3; weatherization assistance, see WEATHERIZATION ASSISTANCE
LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP): see also FEDERAL ASSISTANCE PROGRAMS; administrative review, 8.7.2; due process considerations, 8.7.2; eligibility, 8.3; generally, 8.3.1; household as determination, 8.3.2; income disregard provision, 8.6; median income standard, 7.3.4.3; public housing and Section 8 tenants, 8.5.2; emergency assistance, 8.1.3.2, 8.2.5; equal treatment of homeowners and tenants, 8.5; funding, 8.1.3; annual allocation, 8.1.1, 8.1.2, 8.1.3.1; extreme price increases or temperatures, 8.1.3.2; leveraging incentive program, 8.2.6; REACH program, 8.2.6; state applications for, 8.2.3, 8.3.1; supplemental, 7.2.3.4; withholding provision, 8.7.1; history of LIHEAP, 8.1.2; implied right of action, 8.8; overview, 8.1, Appx. C; summary of program, 8.1.1; profile, Appx. C.4; purpose of program, 8.2.1; regular block grant, 8.1.3.1; regulations, Appx. C.2; remedies under; administrative review, 8.7.2; enforcement of statute, 8.8; withholding of funding, 8.7.1; significant provisions, 8.2; state administration, 8.1.1, 8.2.2; state plans, 8.2.3; crisis intervention, 8.2.5; directors, Appx. C.3; public participation, 8.2.4; statute, text, Appx. C.1; supplemental assistance, 7.2.3.4; targeting of benefits, 8.4; weatherization programs, 8.2.7, 9.3.1
MANDAMUS: see also EQUITABLE REMEDIES; denial of service, 2.4.2; wrongful termination, 6.3.5, 6.7.1
MANUFACTURED HOMES: definition, 14.1.1; importance, 14.1.1; inefficient homes; new homes, 14.6.3.5; replacement of old homes, 14.6.3; weatherization, 14.6.2; resident ownership of communities, 14.7; utility service; charges for, 14.3.2; choice of provider, 14.2; failure of park to provide, 14.4; inclusion in rent, 14.3.3; master-metering, 14.3; termination to evict, 14.5; unique issues, 14.1.2; water submetering, 14.3.4
MASTER-METERING: see also METERS; bans on master-metering, 4.5.2.2; manufactured home parks, 14.3.1; public housing, 10.1.4.1; bans on resale, 4.5.2.1; described, 4.5.1; public housing, 10.1.4.2; energy cost allocation distinguished, 4.5.3.1; flow-through rules, 4.5.2.3; hold-harmless rules, 4.5.2.3; inclusion in rent, 4.5.2.1, 4.5.3.1; manufactured home parks, 14.3; other protections, 14.3.2; restrictions, 14.1.1; other tenant protections, 4.5.2.4; public housing, 10.1.4.2; HUD conversion requirement, 10.1.4.1, 10.3; submetering, 4.5.3.1; water service, 4.5.2.2
MEDICAL ILLNESS: disconnection protection, 6.3.1, Appx. A.3.3, Appx. A.6; sample petitions and letters, Appx. F
MENTAL DISTRESS: discourteous treatment causing, 2.6.2; implied warranty of habitability, breaches, 3.3.1; wrongful disconnection, 6.7.2.4
METER BYPASS: see METER TAMPERING
METER TAMPERING: see also METERS; back bills, 4.3.3, 4.3.4; bankruptcy protections, exemption, 13.1.2.4; denial of service due to past conduct, 2.2.2.4; described, 4.3.1; grounds for termination, 6.1.3; issues involved, 4.3.1; liability for other’s use, 4.2; notice of termination, 6.2.2; presumption of responsibility, 4.3.2.1; standard of evidence, 4.3.2.2
METERS: access, failure to permit, 6.1.4; accuracy testing, 4.4; advanced metering infrastructure (AMI), 4.5.5; equity principles, 4.5.7; low income consumers and, 4.5.6; prepaid service, 4.6.1, 4.6.2; shadow billing, 4.5.7.11; crossmetering, see REVERSE METERING; disconnection, see TERMINATION OF SERVICE; fast meters, 4.4; master-metering, see MASTER-METERING; non-exclusive use; described, 4.2.1; liability for others’ use, 4.2.2; prepayment meters, 4.6, 4.7; Great Britain experience, 4.6.3; low-income consumer protections, 4.7.3; overview, 4.6.1; state regulations, 4.7.1; technologies, 4.6.2; U.S. experience, 4.7.2; reverse metering, see REVERSE METERING; smart meters, 4.5.5; subsidized housing, 10.1.4; check-metered projects, 10.1.4.3, 10.5.1; conversions in public housing, 10.1.4.1, 10.3; master-metered projects, 10.1.4.2, 10.5.2; retail-metered units, 10.1.4.4; tampering, see METER TAMPERING; unauthorized use, see METER TAMPERING
MILITARY PERSONNEL: protections from disconnection, 6.3.10
MISTAKEN OVERCHARGES: see also BILLING ERRORS; UTILITY CHARGES; fast meters, 4.4
MISTAKEN UNDERCHARGES: see also BILLING ERRORS; METER TAMPERING; UTILITY CHARGES; collection by utility, 4.1.2, 4.3.3; disconnection for, 6.6; estoppel doctrine, application, 4.1.2, 6.6.2, 6.6.3; unmetered use, 4.3.4
MOBILE HOMES: see MANUFACTURED HOMES
MUNICIPAL UTILITIES (MUNIs): see also PUBLIC UTILITIES; bankruptcy of customer, 13.1.2.5; due process; application, 15.1.2; requirements, 15.1.3; duty to serve, 2.1.2; laws applicable; FCBA, 15.2.1; UDAP, 5.5.11; standard of care, 6.7.2.2; unjust discrimination, 2.3.2, 2.3.3
NATIONAL ASSOCIATION OF REGULATORY UTILITY COMMISSIONERS (NARUC): energy efficiency committee, 9.4.1; Telecommunication Consumer Bill of Rights, 2.5
NATIONAL BROADBAND PLAN: universal broadband access, 11.1.2
NATIONAL FUEL FUND NETWORK (NFFN): see also FUEL FUNDS; utility bill assistance, 7.1.1.2
NATURAL DISASTERS: see EXTREME WEATHER CONDITIONS
NATURAL GAS PIPELINES: see also NATURAL GAS SERVICE; deregulation, 1.2.1.3; overview, 1.2.1.1; regulation, 1.2.1.2
NATURAL GAS PRODUCERS: see also NATURAL GAS SERVICE; non-regulation, 1.2.1.1; retail access, 1.2.1.3
NATURAL GAS SERVICE: see also REGULATED UTILITIES; UTILITY SERVICE; affordability programs, see PAYMENT ASSISTANCE PLANS; contract law, application, 15.4.1.1; credit reporting, 5.2.5.5; delivery to consumer, 1.2.1.1; deregulation, 1.1.6, 1.2.1.3; good faith standard, 15.4.1.4; local distribution companies, see LOCAL DISTRIBUTION COMPANIES (LDCs); meters, see METERS; pipelines, see NATURAL GAS PIPELINES; producers, see NATURAL GAS PRODUCERS; regulation, 1.2.1.2; restructuring, 1.1.6, 1.2.1.3; retail access, 1.2.1.3; tenancy situations, see RESIDENTIAL TENANCIES; UCC, application, 15.4.1; UDAP, application, 15.4.2; usage of trade, application, 15.4.1.3
NECESSARIES: spouses, liability for, 2.2.3.5
NEGLIGENCE: see also TORT REMEDIES; disconnection as, 6.7.2.2; causation, demonstrating, 6.7.2.3
NOTICE: disconnection, see NOTICE OF DISCONNECTION; landlord utility arrears, 2.2.3.3; Lifeline assistance termination, 11.3.8; utility rates, rules and regulations, 2.5
NOTICE OF DISCONNECTION: see also TERMINATION OF SERVICE; contents of notice, 6.2.3; due process requirements, 3.2, 15.1.3.1; electronic notices, 6.2.5; failure to provide as tort, 6.7.2.1; meter tampering, 6.2.2; method of providing, 6.2.5; right to; actual user, 6.2.6; due process, 3.2, 15.1.3.1; generally, 6.2.1; tenancy situations, 6.2.6, 15.1.3.3; state regulations; selected regulations, Appx. A.3.7; state-by-state summary, Appx. A.7; timing of notice, 6.2.4
NUTRITION ASSISTANCE PROGRAM: see UTILITY ARREARS
OIL: see HOME HEATING OIL; UNREGULATED DELIVERABLE FUELS
PAY-PER-CALL: see also TELEPHONE SERVICE; cramming, 11.5.4; nonpayment of charges, 2.2.2.5
PAY TELEPHONES: see also INMATE PAYPHONES
PAYMENT: see also UTILITY ARREARS; UTILITY CHARGES; agents, payments to, 5.1.8; assistance, see PAYMENT ASSISTANCE PLANS; billing disputes, see BILLING DISPUTES; BILLING ERRORS; budget billing, see BUDGET BILLING PLANS; burden of proof, 5.1.11; community payment centers, 5.1.8; date of payment, calculating, 5.1.5; default, see UTILITY ARREARS; deferred payments, see DEFERRED PAYMENT PLANS; direction of payment, 5.1.9; due date, 5.1.5; varying timeframes, 5.2.5.7.2; duress, payments under,5.1.10; evidence of, 5.1.11; fixed payment plans, 6.3.3.2; forms of payment; checks, 5.1.5, 5.1.6; forms designated by utility, 5.1.8; other forms, 5.1.7; interest charges, see INTEREST CHARGES; late charges, see LATE CHARGES; nonpayment, see UTILITY ARREARS; obligations, 5.1.1; partial payments; acceptance in lieu of deferred payments, 6.3.3.3.4; allocation of payment, 5.1.4, 5.5.2; effect, 5.1.2, 5.1.4; pleading as defense, 5.1.11; prepaid service, 4.6, 4.7; receipt, entitlement, 5.1.1; security deposits, see SECURITY DEPOSITS; split payments, 5.1.9; tender of payment, 5.1.2; termination, 5.1.3; third-party payments, 5.1.8
PAYMENT ASSISTANCE PLANS: see also FEDERAL ASSISTANCE PROGRAMS; PAYMENT; administrative costs; net revenue implications, 7.3.2.3; ongoing costs, 7.3.2.2; start-up costs, 7.3.2.1; administrative procedures, 7.3.1; budget billing plans, see BUDGET BILLING PLANS; deferred payment plans, see DEFERRED PAYMENT PLANS; developing and administering, 7.3; discriminatory, as, 2.3.4, 7.5; eligibility components, 7.3.4; categorical eligibility, 7.3.4.6; federal poverty level, 7.3.4.2; median income, 7.3.4.3; non-income criteria, 7.3.4.5; overview, 7.3.4.1; resources on, 7.4.3.7; self-sufficiency standard, 7.3.4.4; utility burden, 7.3.4.5; energy conservation, see ENERGY EFFICIENCY PROGRAMS; forgiveness of arrears, see FORGIVENESS OF ARREARS; fuel funds, see FUEL FUNDS; intervenor funding to encourage, 7.4; legality, 7.5; lifeline, see LIFELINE ASSISTANCE PROGRAM; LIHEAP, see LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP); line extension assistance, 7.2.6; long-term options, 7.2.1; outreach issues, 7.3.1, 7.3.2.2, 7.3.3, 7.3.4.7, Appx. E; payment restructuring, see PAYMENT RESTRUCTURING PROGRAMS; PIPPs, see PERCENTAGE OF INCOME PAYMENT PLANS (PIPPs); privacy considerations, 7.3.3; rate discount programs, see RATE DISCOUNT PROGRAMS; short-term assistance, see EMERGENCY ASSISTANCE PROGRAMS; state programs; MA, Appx. A.4, Appx. E.1; selected state regulations, Appx. A.3.2; Texas, Appx. E.2; variability among states, 5.2.5.7.4; supplemental assistance programs, see SUPPLEMENTAL ENERGY ASSISTANCE PROGRAMS; system benefits charges, 7.2.7; USAC, see UNIVERSAL SERVICE ADMINISTRATIVE COMPANY (USAC); utility allowances, see PUBLIC HOUSING PROGRAM; SECTION 8 HOUSING (VOUCHERS AND CERTIFICATES); SUBSIDIZED HOUSING; water and sewage utilities, 12.2, 12.3
PAYMENT RESTRUCTURING PROGRAMS: see also PAYMENT ASSISTANCE PLANS; arrearage forgiveness, 7.2.5; budget billing plans, see BUDGET BILLING PLANS; deferred payment plans, see DEFERRED PAYMENT PLANS; water utilities, 12.3
PERCENTAGE OF INCOME PAYMENT PLANS (PIPPs): see also PAYMENT ASSISTANCE PLANS; default on agreement, 6.3.4; fixed credit model, 7.2.3.3; Maine program, 7.2.3.3.3; New Jersey program, 7.2.3.3.2; overview, 7.2.3.1; straight PIPP, 7.2.3.2; Ohio program, 7.2.3.2.2; Pennsylvania program, 7.2.3.2.3; supplemental assistance, 7.2.3.4
PIPELINES: see NATURAL GAS PIPELINES
POVERTY LEVEL: see FEDERAL POVERTY LEVEL (FPL)
POWER: see also ELECTRIC POWER SERVICE; NATURAL GAS SERVICE; UNREGULATED DELIVERABLE FUELS; bans on resale, 4.5.2.1; self-generation, 4.5.2.1
POWER LINES: extension assistance, 7.2.6
PRACTICE TIPS: see also SOURCES OF LAW; affordability programs, developing and administering, 7.3; public utilities commissions, dealing with, 1.3; utility allowances, 10.8; analyzing consumption, 10.8.5; documents to obtain, 10.8.3; estimating consumption, 10.8.7; evaluating, 10.8.4; HUD Forms 52722-A and -B, 10.8.6; inadequate allowances, 10.7; negotiation strategies, 10.9; use of experts, 10.8.1
PREPAYMENT METERS: see also METERS; generally, 4.6.1; Great Britain experience, 4.6.3; low-income consumers and; Great Britain, 4.6.3; United States, 4.7.3; technology, 4.6.2; United States experience, 4.7.2; low-income consumers and, 4.7.3; state regulations, 4.7.1
PRESUMPTIONS: see also EVIDENCE; meter tampering, 4.3.2.1; tested meter accuracy, 4.4
PRICE: see RATES
PRIVACY: low-income assistance, protections, 7.3.3
PRIVATELY-OWNED UTILITIES: see INVESTOR-OWNED UTILITIES (IOUs)
PROPANE GAS: see also UNREGULATED DELIVERABLE FUELS; price gouging statutes, 15.3.5; PUC regulations, application, 15.3.4; special issues, 15.3.2; UDAP, application, 15.3.4; unconscionability challenges, 15.3.6
PROVIDER OF LAST RESORT (POLR): see also DEFAULT SERVICE; deregulated states, 2.1.4; electricity rates, 1.2.2.3; risks to consumers, 1.2.2.3.4
PUBLIC ASSISTANCE PROGRAMS: see also FEDERAL ASSISTANCE PROGRAMS; SUBSIDIZED HOUSING; data sharing, 7.3.3; defined, 5.2.2.2.2; ECOA, prohibited basis, 5.2.2.2.2; eligibility criteria, 7.3.2.2; LIHEAP benefits, effect on, 8.6
PUBLIC BENEFITS CHARGE: see SYSTEM BENEFITS CHARGE
PUBLIC HOUSING PROGRAM: see also SUBSIDIZED HOUSING; constitutional protections, 6.8.4.7; described, 10.1.2; evictions, 6.8.4.7; HUD guidebook, 10.2.3.2; involuntarily relocated tenants, 10.10; LIHEAP eligibility, 8.5.2; litigation on behalf of tenants, 10.7, 10.8; analyzing consumption, 10.8.5; documents to obtain, 10.8.3; estimating consumption, 10.8.7; experts, use of, 10.8.1; factors to consider, 10.8.4; HUD Forms 52722-A and -B, 10.8.6; inadequate allowances, 10.7, 10.8; weatherization needs, determination, 10.8.2; metering arrangements, 10.1.4; meter conversions, 10.1.4.1, 10.3; Performance Funding System (PFS), 10.6.4, 10.9.1; PHA plan process, 10.9.3; surcharges; carry-over credits, 10.4; check-metering surcharges, 10.2.2, 10.5.1; individual relief, 10.9.2; master-metered units, 10.5.2; tenant rent, 10.1.3; rent burden, 10.6.2; termination of service, 6.8.4.7; utility allowances, see UTILITY ALLOWANCES; utility charges; advocating for clients, 10.8; allowable uses, 10.2.4; check and retail metered units, 10.2.2; conversion to individual metering, 10.3, 10.9.1; generally, 10.2.1; HUD regulations, 10.3, 10.9.2; individual relief, 10.9.2; issues presented, 10.2.3.1; method for establishing, 10.2.2; negotiation strategies, 10.9; surcharging system, 10.5; voucher programs distinguished, 10.2.5.1
PUBLIC SERVICE COMMISSIONS (PSCs): see PUBLIC UTILITIES COMMISSIONS (PUCs)
PUBLIC UTILITIES: see also UTILITY SERVICE; Bankruptcy Code, application, 13.1.2.2; charges, see UTILITY CHARGES; RATES; common law, application, 2.1.1; concept of, 1.1.5; contract law, application, 15.4.1.1; credit reporting, 5.2.5; current practice, 5.2.5.4; fairness and consistency, 5.2.5.7; harm to low income consumers, 5.2.5.5; overview, 5.2.5.1; state protections, 5.2.5.6; customer service, see CUSTOMER SERVICE; defined, 1.1.5; deposits, see SECURITY DEPOSITS; deregulation, see RESTRUCTURING; discrimination, see DISCRIMINATION; disputes with customers; PUC resolution, 1.3.5; refusal of service, 2.4.1; DSM, see DEMAND SIDE MANAGEMENT (DSM); duty to serve, see DUTY TO SERVE; ECOA, application, 5.2.2.2.1; electric power, see ELECTRIC POWER SERVICE; FCBA, application, 15.2.1; federal aid, see FEDERAL ASSISTANCE PROGRAMS; FHA, application, 6.8.4.8; good faith standards, 15.4.1.4; infrastructure, assistance connecting to, 7.2.6; integrated resource planning, 1.2.2.3.3; investor-owned, see INVESTOR-OWNED UTILITIES (IOUs); liens, see UTILITY LIENS; municipal utilities, see MUNICIPAL UTILITIES (MUNIs); natural gas, see NATURAL GAS SERVICE; natural monopolies, 1.1.5; provider of last resort, see PROVIDER OF LAST RESORT (POLR); rates, see RATES; refusal of service, see REFUSAL OF SERVICE; regulated, see REGULATED UTILITIES; regulation; federal regulation, 1.2.1.2, 1.2.2.2; generally, 1.1.5; state regulation, 1.3; regulations; see also TARIFFS; third-party-liability rules, 6.5.6; violations, grounds for disconnect, 6.1.3; regulatory bodies, see PUBLIC UTILITIES COMMISSIONS (PUCs); regulatory proceedings, see REGULATORY PROCEEDINGS; restructuring, see RESTRUCTURING; rules and regulations, see TARIFFS; rural electric cooperatives, see RURAL ELECTRIC COOPERATIVES (RECs); sewer, see WATER AND SEWER SERVICE; sources of law, see SOURCES OF LAW; tariffs, see TARIFFS; termination of service, see TERMINATION OF SERVICE; third parties, duties to, 6.5.6.3; TILA, application, 15.2.1; treatment of customers, see TREATMENT OF CUSTOMERS; UCC, application, 15.4.1; UDAP, application, 15.4.2; unregulated, see UNREGULATED UTILITIES; unused capacity, 1.1.5; usage of trade, 15.4.1.3; water, see WATER AND SEWER SERVICE
PUBLIC UTILITIES COMMISSIONS (PUCs): see also FEDERAL ENERGY REGULATORY COMMISSION (FERC); authority, basis for, 6.5.6.1; discount rates, authority, 7.5.4; dispute resolution, 1.3.5; electric power regulation, 1.2.2.2; governing statute, 1.3.1; informal precedents, 1.3.3; intervenor funding, see INTERVENOR FUNDING; natural gas regulation, 1.2.1.2; precedents, 1.3.2; primary jurisdiction, 1.3.5; proceedings before, see REGULATORY PROCEEDINGS; regulations, see PUC REGULATIONS; rules, see PUC REGULATIONS; state commissions, Appx. A.8; telephone regulation, 11.1.3; slamming complaints, 11.5.3.3, 11.5.3.4; slamming protections, 11.5.3.8; unpublished orders, 1.3.2; working relationship with staff, developing, 1.3.2
PUBLIC UTILITY REGULATORY POLICIES ACT OF 1978 (PURPA): electric industry restructuring, 1.2.2.3, 7.4.5; installment payments in lieu of termination, 6.3.3.3.3; intervenor funding, 7.4.5
PUC REGULATIONS: see also PUBLIC UTILITIES COMMISSIONS (PUCs); back-billing, 4.1.2, 4.1.3; budget billing plans, 6.3.3.1.1; collateral matters, 2.2.2.3, 2.2.3.1, 6.5.6; collection activities, 5.5.3; deferred payment plans, 6.3.3.3.1, 6.3.3.3.3; disconnect protections, 5.5.3; duty to serve, 2.1.3; generally, 1.3.2; good faith standards, 15.4.1.4; late charges, 5.5.2, 5.5.3; obtaining, 1.3.2; prepayment meters, 4.7.1; right to service, 2.1.3; security deposits, 5.2.3, 5.2.7.2, 5.2.10; summaries, Appx. A.1; third-party debts, 2.2.3.1, 2.2.3.4, 6.5.6; unregulated deliverable fuels, application, 15.3.4; usage of trade, 15.4.1.3
PUCs: see PUBLIC UTILITIES COMMISSIONS (PUCs)
PUNITIVE DAMAGES: implied warranty of habitability, breaches, 3.3.1; wrongful disconnect, 6.7.2.4
PYRAMIDING: late charges, 5.5.6; FTC Credit Practices Rule, 5.5.6.2
QUIET ENJOYMENT: see also RESIDENTIAL TENANCIES; breach of covenant; master-metering, 4.5.2.4; non-exclusive use, 4.2.2; termination of utilities, 6.8.4.1
RATE DISCOUNT PROGRAMS: see also PAYMENT ASSISTANCE PLANS; RATES; consumption-based discounts, 7.2.2.4; customer charge waiver, 7.2.2.5; discrimination, as, 2.3.4, 7.5; outreach and enrollment, Appx. E; overview, 7.2.2.1; restructuring and, 1.2.2.3.3; sample legislation and materials, Appx. E; straight discounts, 7.2.2.2; California program, 7.2.2.2.2, Appx. E.3; other states, 7.2.2.2.3; supplemental assistance models, 7.2.3.4; Maryland program, 7.2.3.4.2; Oregon program, 7.2.3.4.4; Washington program, 7.2.3.4.3; tiered discounts, 7.2.2.3; New Hampshire program, 7.2.2.3.3; Vectren program, 7.2.2.3.2; water and sewer utilities, 12.3
RATES: see also TARIFFS; UTILITY CHARGES; affordability programs, see PAYMENT ASSISTANCE PLANS; UNIVERSAL TELECOMMUNICATIONS SERVICE; discounted; see also DISCOUNT RATES; legality of, 2.3.2, 2.3.4, 7.5; programs, see RATE DISCOUNT PROGRAMS; dynamic pricing structures, 4.5.5, 4.5.6, 4.5.7.8; electricity restructuring and, 1.2.2.3; extraordinary increases, 6.3.3.4; LIHEAP funding, 8.1.3.2; fixed price programs, 6.3.3.2; long-distance telephone companies, 11.1.4; non-approved tariff, 6.3.7; payphones; inmate payphones, 11.5.7; right to written notice, 2.5; setting, see REGULATORY PROCEEDINGS; time-based pricing, 4.5.5, 4.5.6; unjust discrimination, 2.3.1; low-income rates as, 2.3.4, 7.5; unregulated deliverable fuels, 15.3.5; water rates, 12.1
RATIO-UTILITY BILLING SYSTEMS (RUBS): see also ENERGY COST ALLOCATION SYSTEMS; water service, 4.5.4
RECONNECTION: see RESTORATION OF SERVICE
RECs: see RURAL ELECTRIC COOPERATIVES (RECs)
REFUNDS: budget billing overpayments, 6.3.3.1.2; fast meters, 4.4; security deposits, 5.2.11
REFUSAL OF SERVICE: see also RIGHT TO SERVICE; TERMINATION OF SERVICE; collateral matters, 2.2; past conduct defrauding the utility, 2.2.2.4; prohibition, 2.2.1; third-party debt, see THIRD-PARTY DEBTS; unrelated contract, 2.2.2; commission of crime, 2.2.2.4; discrimination, 2.3; duty to serve, 2.1; remedies, 2.4; court remedies and jurisdiction, 2.4.2; dispute resolution, regulated utilities, 2.4.1; security deposit, nonpayment, 5.2.1; selected state regulations, Appx. A.3.6
REGULATED UTILITIES: see also INVESTOR-OWNED UTILITIES (IOUs); dispute resolution, see DISPUTE RESOLUTION; electric power, see ELECTRIC POWER SERVICE; FCBA, application, 15.2.1; natural gas, see NATURAL GAS SERVICE; provider of last resort, 2.1.4; refusal of service, 2.4.1; security deposits, 5.2.7.2; sources of law, see SOURCES OF LAW; tariffs, see TARIFFS; TILA, application, 15.2.1; types, 1.2; UDAP, application, 15.4.2.1; water and sewer, see WATER AND SEWER SERVICE
REGULATION: electric power industry, 1.2.2.2; FERC, see FEDERAL ENERGY REGULATORY COMMISSION (FERC); natural gas industry, 1.2.1.2; public utilities, consumer protection; background to, Appx. A.2; regulations, Appx. A.3; public utilities, generally, see PUC REGULATIONS; state utility commissions, see PUBLIC UTILITIES COMMISSIONS (PUCs); telephone services and telecommunications, 11.1; water utilities, 1.2.3
REGULATIONS: FCC, see FEDERAL COMMUNICATIONS COMMISSION (FCC); FTC, see FEDERAL TRADE COMMISSION (FTC); public utilities, see TARIFFS; PUCs, see PUC REGULATIONS
REGULATORY PROCEEDINGS: see also PUBLIC UTILITIES COMMISSIONS (PUCs); intervenor funding, see INTERVENOR FUNDING; late charges, challenging, 5.5.2, 5.5.6.3; order-to-show-cause proceedings, 5.5.2; precedents, 1.3.2; wrongful disconnection, 6.7.1
RELAY SERVICES: see TELECOMMUNICATIONS RELAY SERVICE (TRS)
RENT: see also RESIDENTIAL TENANCIES; rent withholding; bankruptcy situations, 13.2.3.6; breach of warranty of habitability, 3.3.1; direct utility payments, 3.3, 13.2.3.6; utility shut-offs, 3.3.2; subsidized housing, 10.1.3, 10.6.2; utilities included; landlord’s breach of obligation, 3.3, 3.3.1, 13.2.3.6; manufactured home parks, 14.3.3; master-metering, 4.5.2.1, 4.5.3.1; weatherization effect on; increases after, 9.2.5.4; new tenants, 9.2.5.6; payment of heat through rent, 9.2.5.8
RENTAL ASSISTANCE PROGRAMS: see SECTION 8 HOUSING (VOUCHERS AND CERTIFICATES); SUBSIDIZED HOUSING
RESEARCH AIDS: see SOURCES OF LAW; WEB RESOURCES
RESIDENTIAL ENERGY ASSISTANCE CHALLENGE (REACH): see also LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP); purpose and funding, 8.2.6
RESIDENTIAL TENANCIES: see also LOW-INCOME CONSUMERS; bankruptcy of landlord, 13.2; discriminatory conduct, 6.8.4.4; energy cost allocation, 4.5.3; evictions, see EVICTIONS; SELF-HELP EVICTION; Fair Housing Act, application, 6.8.4.8; habitability, implied warranty, 3.3.1, 6.8.4.2; individual metering, 4.5.2.2; involuntary displacement due to federal project, 10.10; landlord-requested terminations, 6.8; contract law, 6.8.4.6; FHA application, 6.8.4.8; generally, 6.8.1; manufactured home parks, 14.5; other state and local laws, 6.8.2, 6.8.3; public and subsidized housing, 6.8.4.7; state landlord-tenant law, 3.2, 6.8.4; UDAP remedies, 3.3, 6.8.4.5; manufactured homes, see MANUFACTURED HOMES; master-metering, see MASTER-METERING; non-exclusive use of meter, 4.2; nonpayment of utilities; landlord, by, 3.2, 3.3, 3.3.1, 13.2, 15.1.3.3; manufactured home parks, 14.5; third-party debt, 2.2.3.3, 6.5.3; notice of disconnection; due process rights, 3.2, 15.1.3.3; tenants’ rights, 3.2, 15.1.3.3; power resales, bans on, 4.5.2.1; public housing, see PUBLIC HOUSING PROGRAM; quiet enjoyment covenant, see QUIET ENJOYMENT; ratio-utility billing systems (RUBS), 4.5.4; rent withholding, 3.3, 3.3.2, 13.2.3.6; retaliatory conduct, 3.3.2, 6.8.4.4; reverse metering, see REVERSE METERING; right to service in own name, 3.2; Safe Drinking Water Act, application, 4.5.2.1; state public utility statutes; utility instigated shut-offs, 3.2; subsidized housing, see SUBSIDIZED HOUSING; termination of service; bankruptcy of landlord, 13.2; constitutional principles, 3.2.3, 15.1.3.3; self-help eviction, 6.8.4.3, 15.1.3.3; state law, 3.2, 13.2.2; third-party debts, 2.2.3.3, 6.5.3; wrongful termination by landlord, 6.8; utility access problems, overview, 3.1; utility service; bankruptcy of landlord, effect, 13.2.1, 13.2.3; due process right, 3.2.1, 15.1.3.3; landlord’s obligation, 3.2, 14.4; tenant as third-party beneficiary, 6.8.4.6; water service, 4.5.2.1, 4.5.2.2, 4.5.4; weatherization assistance, see WEATHERIZATION ASSISTANCE
RESTORATION OF SERVICE: see also TERMINATION OF SERVICE; Bankruptcy Code, special rules, 13.1.2.3.1; reconnection charges, 5.4
RESTRUCTURING: default service risks to consumers, 1.2.2.3.4; demand side management (DSM), 1.2.2.3.3, 9.4.1; discriminatory practices, 2.3.2; dispute resolution after, 1.3.5; duty to serve, effect on, 2.1.4; electric industry, 1.2.2.3; energy efficiency and, 1.2.2.3.3; integrated resource planning, 1.2.2.3.3; low-income consumers and, 1.2.2.3.3; natural gas industry, 1.2.1.2; overview, 1.1.6; partial payments, effect, 5.1.4; quality and reliability of service, 1.2.2.3.3; security deposits and, 5.2.12; system benefits charges, 7.2.7
RETAIL ELECTRIC PROVIDERS (REP): see ELECTRIC POWER SERVICE
RETAIL INSTALLMENT SALES ACTS (RISAs): utility transactions, application, 5.5.6.3
RETAIL WHEELING: electric power industry, 1.2.2.3; natural gas industry, 1.2.1.3
REVERSE METERING: see also METERS; back bills, 4.1.1, 4.1.2, 4.1.3; erroneous undercharges; collection by utility, 4.1.2; limits on collection, 4.1.3; typical fact patterns, 4.1.1
RIGHT TO SERVICE: see also REFUSAL OF SERVICE; TERMINATION OF SERVICE; common law duty to serve, 2.1.2; default service, 2.1.4; deregulation effect, 2.1.4; PUC regulations, 2.1.3; sources of law, see SOURCES OF LAW; standard offer service, 2.1.4; state law, 2.1.3
ROOMMATES: see THIRD-PARTY DEBTS
RULES AND REGULATIONS: public utilities, see TARIFFS; PUCs, see PUC REGULATIONS
RURAL ELECTRIC COOPERATIVES (RECs): see also PUBLIC UTILITIES; debts of former owners, 2.2.3.2; discrimination, 15.1.4; due process, application, 15.1.4; duty to serve, 2.1.2; FCBA, application, 15.2.1; standard of care, 6.7.2.2; UDAP, application, 5.5.11; unjust discrimination, 2.3.2; usage of trade, application, 15.4.1.3
SAFE DRINKING WATER ACT: residential multi-unit properties, application, 4.5.2.1
SANITATION SERVICE: see also WATER AND SEWER SERVICE; nonpayment, disconnect of water service, 2.2.2.5
SARGENT SHRIVER NATIONAL CENTER ON POVERTY LAW: see also CLEARINGHOUSE NUMBERS; documents, obtaining, 1.1.4
SECTION 8 HOUSING (VOUCHERS AND CERTIFICATES): see also SUBSIDIZED HOUSING; described, 10.1.2; LIHEAP eligibility, 8.5.2; project-based assistance, 10.2.6.3; public housing distinguished, 10.2.5.1; relocated public housing tenants, 10.10; tenant rent, 10.1.3; rent burden, 10.6.2; utility allowances, see UTILITY ALLOWANCES; utility charges, unique problems, 10.2.5.2
SECURITY DEPOSITS: advance payment charges distinguished, 11.5.1; alternatives, 5.2.6; amount, 5.2.7; maximum may not be reasonable, 5.2.7.3; reasonable level, 5.2.7.1; regulated utilities, 5.2.7.2; bankrupt customers, 5.2.9, 13.1.2.3.2, 13.1.2.3.3; challenging, 5.3; costs to ratepayers, 5.3.3; economic considerations, 5.3.1; function of deposit, 5.3.2; credit history application, 5.2.4; discriminatory practices, 5.2.2; ECOA prohibitions, 5.2.2.2; generally, 5.2.2.1; installment payments, 5.2.8; interest on, 5.2.10; nonpayment, grounds for termination, 6.1.2; past conduct defrauding the utility, 2.2.2.4; refunds, 5.2.11; restructured utilities, 5.2.12; right to require, 5.2.1; selected state regulations, Appx. A.3.1; telephone service, 11.5.1; UCC, application, 5.2.6; who must pay, 5.2.3, 5.2.4
SECURITY INTERESTS: see UTILITY LIENS
SELF-HELP EVICTIONS: see also EVICTIONS; RESIDENTIAL TENANCIES; public and subsidized housing, 6.8.4.7; state law prohibiting, 6.8.4.3; termination of service as, 6.8.4.3; UDAP violations, 6.8.4.5
SENIORS: see ELDERLY CUSTOMERS
SERVICE: see UTILITY SERVICE
SERVICE PROVIDERS: utilities, see PUBLIC UTILITIES
SERVICEMEMBERS: see MILITARY PERSONNEL
SHUT-OFFS: see TERMINATION OF SERVICE
SLAMMING: described, 11.5.3.1; disputes, resolving, 11.5.3.3; FCC, 11.5.3.5; PUCs, 11.5.3.4; Letter of Agency (LOA), 11.5.3.2; preventive measures, 11.5.3.7; remedies under federal rule, 11.5.3.6; consumer has already paid, 11.5.3.6.2; consumer has not yet paid, 11.5.3.6.1; state administration of federal rules, 11.5.3.4; state protections, 11.5.3.8; verification prior to switching service, 11.5.3.2
SOCIAL SECURITY PROGRAM: data sharing, 7.3.3; described, 7.3.2.2; SSI, see SUPPLEMENTAL SECURITY INCOME (SSI)
SOURCES OF LAW: see also PUC REGULATIONS; STATE LAW; bankruptcy protections, see BANKRUPTCY CODE; constitutional law, see CONSTITUTIONAL LAW; consumer protection statutes; ECOA, see EQUAL CREDIT OPPORTUNITY ACT (ECOA); FCBA, see FAIR CREDIT BILLING ACT (FCBA); selected state utility regulations, Appx. A.3; UCC, see UNIFORM COMMERCIAL CODE (UCC); UDAP, see UNFAIR OR DECEPTIVE ACTS AND PRACTICES (UDAP); contract law, see CONTRACT LAW; FCC activities, 11.1.4; PUC decisions, 1.3.2; PURPA, see PUBLIC UTILITY REGULATORY POLICIES ACT OF 1978 (PURPA); residential tenancies, 3.2.2; tariffs, 1.3.4; tort remedies, see TORT REMEDIES
SPOUSES: debts, see THIRD-PARTY DEBTS; family expense doctrine, 2.2.3.5
STANDARD OFFER SERVICE: see DEFAULT SERVICE
STATE LAW: bankruptcy effect on remedies, 13.2.2; bill payment timeframes, 5.2.5.7.2; credit discrimination statutes, 5.2.2.2.5; deferred payment agreements, 5.2.5.7.2; duty to serve, 2.1.3; family expense doctrine, 2.2.3.5; inadequately regulated utilities, application, 15.4; intervenor funding, 7.4.2, 7.4.3; landlord-requested disconnects, 6.8.2, 6.8.3, 6.8.4; manufactured home communities; landlord-tenant law, 14.4; master metering, 14.3.1, 14.3.2; service provider, 14.2; price gouging statutes, 15.3.5; right to service, 2.1.3; tenants’ rights, 3.2.2; RISAs, see RETAIL INSTALLMENT SALES ACTS (RISAs); self-help evictions, 6.8.4.3; slamming, 11.5.3.8; UDAP, see UNFAIR OR DECEPTIVE ACTS AND PRACTICES (UDAP); utility consumer protection regulations, Appx. A; utility credit reporting, 5.2.5.6
STATE UTILITIES COMMISSIONS (PUCs): see PUBLIC UTILITIES COMMISSIONS (PUCs)
STAY OF PROCEEDINGS: bankruptcy stay, 13.2.3.1, 13.1.1.1, 13.1.2.3.1; relief from stay, 13.2.3.4
SUBMETERING: energy cost allocation distinguished, 4.5.3.1; manufactured home parks; generally, 14.3.1, 14.3.2; water service, 14.3.4; water service, 4.5.2.1, 4.5.2.2; manufactured home parks, 14.3.4
SUBSIDIZED HOUSING: see also HOUSING; PUBLIC HOUSING PROGRAM; constitutional protections, 6.8.4.7; evictions, 6.8.4.7; HUD housing programs, overview, 10.2.6.1; LIHEAP eligibility, 8.5.2; metering arrangements, 10.1.4; public housing conversions, 10.1.4.1, 10.3; public housing, see PUBLIC HOUSING PROGRAM; section 8 housing, see SECTION 8 HOUSING (VOUCHERS AND CERTIFICATES); section 236 housing, 10.2.6.2; tenant rent, 10.1.3; rent burden, 10.6.2; termination of service, 6.8.4.7; types of housing, 10.1.2; utility allowances, see UTILITY ALLOWANCES; utility charges; advocating for clients, 10.8; carry-over credits, 10.4; negotiation strategies, 10.9; public housing, 10.3; Section 8 housing, 10.2.5; Section 236 housing, 10.2.6.2; surcharges, 10.5
SUPPLEMENTAL ENERGY ASSISTANCE PROGRAMS: see also PAYMENT ASSISTANCE PLANS; RATE ASSISTANCE PLANS; Maryland model, 7.2.3.4.2; Oregon model, 7.2.3.4.4; overview, 7.2.3.4.1; Washington model, 7.2.3.4.3
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM: see UTILITY ARREARS
SUPPLEMENTAL SECURITY INCOME (SSI): see also UTILITY ARREARS; data sharing, 7.3.3; described, 7.3.2.2
SUPPLIERS: see COMPETITIVE SUPPLIERS; PUBLIC UTILITIES
SYSTEM BENEFITS CHARGES: restructured states, 7.2.7; Nevada program, 7.2.7.2; Texas program, Appx. E.2.1; Wisconsin program, 7.2.7.3
TANF: see TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)
TARIFFS: see also RATES; binding on utilities, 1.3.4; filed rate doctrine, 11.1.4; non-approved tariffs, 6.3.7; overview, 1.3.4; rates less than, see DISCOUNT RATES; right to written notice, 2.5; third-party-liability rules, 6.5.6; UDAP, application, 15.4.2.2; unjust discrimination, 2.3.1, 2.3.2; violation of regulations under, 6.1.3; where to find, 1.3.4
TELECOMMUNICATIONS ACT OF 1996: see also TELEPHONE SERVICE; UNIVERSAL TELECOMMUNICATIONS SERVICE; hardware and software requirements, 11.4.3; services for the disabled, 11.4; universal service commitment, 11.2.1; selected text, Appx. B.1
TELECOMMUNICATIONS CARRIERS: see also TELEPHONE SERVICE; cramming, 11.5.4; eligible universal service carriers, 11.2.4; basic minimum services, 11.3.2.4.1; designation, 11.3.2; federal regulations, Appx. B.2.1; responsibilities, 11.3.2; Telecommunications Act of 1996, Appx. B.1.1; Tribal Lifeline and Link-up, 11.3.7.4; freezing, 11.5.3.7; Letter of Agency (LOA), 11.5.3.2; UCC, application, 15.4.1.2; unauthorized switching, see SLAMMING
TELECOMMUNICATIONS RELAY SERVICE (TRS): problems with Internet-based services, 11.4.1
TELECOMMUNICATIONS SERVICE: see also UTILITY SERVICE; carriers, see TELECOMMUNICATIONS CARRIERS; changing landscape, 11.1.2; consumer bill of rights, 2.5; contract law, application, 15.4.1.1; courteous treatment, 2.6; disabled customers, 11.4; essential service, 11.1.2; good faith standards, 15.4.1.4; IP-enabled voice providers, 11.4.1; National Broadband Plan, 11.1.2; overview, 11.1.1; regulatory authorities, 11.1.3, 11.1.4; FCC, 11.1.4; state utility commissions, 11.1.3; relay services, 11.4.1; telephone service, see TELEPHONE SERVICE; UCC, application, 15.4.1.2; UDAP, application, 15.4.2; universal service, see UNIVERSAL TELECOMMUNICATIONS SERVICE; usage of trade, 15.4.1.3
TELEMARKETING CALLS: unsolicited calls, 11.5.5
TELEPHONE BILLS: bundled services, shut-offs re, 11.5.2; cramming, 11.5.4; interstate long-distance disputes, 11.1.4; slamming disputes, 11.5.3.3, 11.5.3.6
TELEPHONE CONSUMER PROTECTION ACT (TCPA): unsolicited calls, 11.5.5
TELEPHONE SERVICE: see also TELECOMMUNICATIONS SERVICE; UTILITY SERVICE; affordability programs, see PAYMENT ASSISTANCE PROGRAMS; basic telephone service, 11.1; bill of rights, 2.5; bills, see TELEPHONE BILLS; bundled services, 11.5.2; carriers, see TELECOMMUNICATIONS CARRIERS; contract law, application, 15.4.1.1; cramming, 11.5.4; customer service issues, 11.5; disabled persons, 11.4; essential service, 11.1; good faith standard, 15.4.1.4; Internet-based services, 11.4.1; interstate jurisdiction, 11.1.4; lifeline, see LIFELINE ASSISTANCE PROGRAM; local phone company, see LOCAL TELEPHONE COMPANIES; long-distance charges, see LONG-DISTANCE TELEPHONE CHARGES; non-communications charges on phone bills, 11.6.4; number-portability, 11.3.4.3; 1-800 numbers, see TOLL FREE NUMBERS; 1-900 numbers, see PAY-PER-CALL; payphones; inmate payphones, 11.5.7; prepaid telephone cards, 11.5.6; regulatory authorities, 11.1.3, 11.1.4; security deposits, 11.5.1; shut-offs, 11.5.2; slamming, see SLAMMING; Telecommunications Act, see TELECOMMUNICATIONS ACT OF 1996; UCC, application, 15.4.1; UDAP, application, 15.4.2; universal service, see UNIVERSAL TELECOMMUNICATIONS SERVICE; unsolicited calls, 11.5.5; usage of trade, 15.4.1.3
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF): see also UTILITY ARREARS; emergency heating assistance, 7.1.2
TENANCIES: see RESIDENTIAL TENANCIES
TENDER: utility payment, 5.1.2
TERMINATION OF SERVICE: see also REFUSAL OF SERVICE; RIGHT TO SERVICE; bankruptcy; automatic stay, 6.3.9, 13.1.2.1, 13.1.2.3.1; postpetition debts, 13.1.2.3.4; billing disputes, 6.3.5; budget billing, missed payments when ahead, 6.3.6; collateral matters, 2.2, 6.4; mistaken undercharges, 6.6.4; prohibition, 2.2.1, 6.4.1; third-party debt, see THIRD-PARTY DEBTS; unrelated contract, 2.2.2, 6.4.2, 6.4.3; collection means, 5.5.3, 6.6.4; disabled customers, 6.3.1; discretionary nature, 6.6.3; due process, see DUE PROCESS; duty of care, 6.7.2.1; breach of duty, 6.7.2.2; elderly customers, 6.3.1; eviction means, 6.8.4.1, 14.5; extraordinary price increases, 6.3.3.4; FCBA, application, 15.2; grounds; customer request, 6.1.5, 6.8; deposit, failure to pay, 6.1.2; DPA default, 6.3.4; fraud, 6.1.3; health or safety reasons, 6.1.4; meter tampering, 4.3.3, 6.1.3; nonpayment, 6.1.1, 6.3.5, 6.3.6, 6.3.7; utility access, failure to permit, 6.1.4; utility regulations, violation, 6.1.3; illness protections, 6.3.1; sample petitions and letters, Appx. F; selected state regulations, Appx. A.3.3; state-by-state summary, Appx. A.6; injunctive relief, 2.4.2; landlord default, 3.2, 15.1.3.3; landlord-requested, 6.8; contract law, 6.8.4.6; FHA application, 6.8.4.8; generally, 6.8.1; manufactured home parks, 14.5; other state and local laws, 6.8.2, 6.8.3; public and subsidized housing, 6.8.4.7; PUC regulations, 3.2.3; state landlord-tenant law, 6.8.4; UDAP remedies, 6.8.4.5; load limiters, use prior to, 6.3.8; manufactured home parks, 14.5; meter tampering, 4.3.3, 6.1.3, 6.2.2; military personnel, 6.3.10; mistaken undercharges, 6.6; collateral matter status, 6.6.4; estoppel, 6.6.2, 6.6.3; generally, 4.1.3, 6.6.1; mandatory vs. discretionary practices, 6.6.3; non-approved tariffs, effect, 6.3.7; notice, see NOTICE OF DISCONNECTION; partial payment, effect, 5.1.2, 5.1.4; payment at time of, 5.1.3; prepayment meters, 4.6, 4.7.3; protections, 6.3, Appx. A.3, Appx. A.5, Appx. A.6; reconnection, see RESTORATION OF SERVICE; remote disconnection, 4.5.6; selected state regulations, Appx. A.3; sources of law, see SOURCES OF LAW; telephone customers, 11.5.2; temperature-based moratoria, 6.3.2; state-by-state protections, Appx. A.5; tenancy situations; bankruptcy of landlord, 13.2; constitutional principles, 3.2.1, 15.1.3.3; self-help eviction, 6.8.4.3; state law, 3.2.2, 13.2.2; third-party debts, 2.2.3.3, 6.5.3, 15.1.3.2; wrongful termination by landlord, 6.8; third-party debt, see THIRD-PARTY DEBTS; time-of-day limitations, 6.3.2; selected state regulations, Appx. A.3.5; winter moratoria, 6.3.2; selected state regulations, Appx. A.3.4; wrongful termination, 6.7; damages, 6.7.2.4; landlords, 6.8; remedies, 6.3.5, 6.7.1; tort remedies, 6.7.2
THIRD-PARTY DEBTS: see also COLLATERAL MATTERS; contracts implied in fact, 6.5.6.3; contracts implied in law, 6.5.6.4; denial of service based on, 2.2.3, 6.5; applicable law, 2.2.3.1; due process considerations, 15.1.3.2; former owner or occupant, 2.2.3.2, 6.5.2; general rule, 2.2.3.1, 6.5.1; landlord-tenant situations, 2.2.3.3, 6.5.3; PUC rules, validity, 6.5.6; roommate or family member, 2.2.3.4, 6.5.4; spouse, 2.2.3.5, 6.5.5; due process and equal protection violations, 15.1.3.2; family expense doctrine, 2.2.2.5; non-exclusive use, 4.2.2
TOLL-FREE NUMBERS: see also TELEPHONE SERVICE
TOLLS: see TARIFFS
TORT REMEDIES: see also NEGLIGENCE; wrongful disconnection; breach of duty, 6.7.2.2; causation, 6.7.2.3; damages, 6.7.2.4; duty of care, 6.7.2.1; generally, 6.7.1
TRADE CODES: usage of trade, 15.4.1.3
TREATMENT OF CUSTOMERS: see CUSTOMER SERVICE
TRIBAL LANDS: enhanced Lifeline and Link-up support, 11.3.7
TRUTH IN LENDING ACT (TILA): exemptions, 15.2.1; FCBA, see FAIR CREDIT BILLING ACT (FCBA)
TWENTY-FIRST CENTURY COMMUNICATIONS AND VIDEO ACCESSIBILITY ACT (CVAA): services for the deaf-blind, 11.4.4; video, 11.4.4
UNCONSCIONABLE PRACTICES: see also UNFAIR OR DECEPTIVE ACTS AND PRACTICES (UDAP); unregulated deliverable fuels; challenging, 15.3.6; price gouging, 15.3.5
UNFAIR OR DECEPTIVE ACTS AND PRACTICES (UDAP): energy allocation systems, 4.5.3.4; home heating oil vendors, application, 15.3.4; IOUs, application, 5.5.11; landlord-requested disconnects, 6.8.4.5; late charges, challenging; generally, 5.5.11, 5.6; multiple for same payment, 5.5.6.3; MUNIs, application, 5.5.11; prepaid phone cards, 11.5.6; propane vendors, application, 15.3.4; ratio-utility billing systems (RUBS) for water, 4.5.4; RECs, application, 5.5.11; scope, 15.4.2.1; security deposits, application, 5.2.12; telecommunications, 11.5; cramming, 11.5.4; slamming, 11.5.3; unfairness standard, 15.3.4, 15.4.2.2; warranty of habitability, breaches, 3.3.4, 6.8.4.2
UNIFORM COMMERCIAL CODE (UCC): good faith standard, 15.4.1.4; security deposits, application, 5.2.6; usage of trade doctrine, 15.4.1.3; utility sales, application, 15.4.1
UNIFORM RESIDENTIAL LANDLORD TENANT ACT (URLTA): retaliatory conduct prohibited, 6.8.4.4; state adoption, 6.8.4.3
UNIVERSAL SERVICE: default service, see DEFAULT SERVICE; payment assistance plans, see PAYMENT ASSISTANCE PLANS; telephone, see UNIVERSAL TELECOMMUNICATIONS SERVICE
UNIVERSAL SERVICE ADMINISTRATIVE COMPANY (USAC): see also UNIVERSAL TELECOMMUNICATIONS SERVICE; administration of federal universal service fund and programs, 11.2.4; website, 11.2.7
UNIVERSAL SERVICE FUND: see also UNIVERSAL TELECOMMUNICATIONS SERVICE; administration, 11.2.4; eligible carriers, 11.3.2
UNIVERSAL TELECOMMUNICATIONS SERVICE: see also TELEPHONE SERVICE; covered services; criteria, 11.2.6; number-portability charge waiver, 11.3.4.3; definition, 11.1.2, 11.2.6; evolving term, 11.2.64, 11.3.7.4; federal policy commitment, 11.2.1; federal programs, 11.2; administration, 11.2.4; Lifeline, see LIFELINE ASSISTANCE PROGRAM; Link-up, see LINK-UP PROGRAM; low-income assistance programs; selected regulations, Appx. B.2; Tribal Lifeline and Link-up, 11.3.7; federal Universal Service Fund, see UNIVERSAL SERVICE FUND; federal-state joint board, 11.2.5; necessity, 11.1; state programs, 11.2.7; California, Appx. E.3.2; Telecommunications Act of 1996; requirements, 11.2.1; selected text, Appx. B.1
UNREGULATED DELIVERABLE FUELS: contract law, application, 15.4.1.1; good faith standard, 15.4.1.4; home heating oil vendors, special problems, 15.3.3; overview, 15.3.1; price gouging statutes, 15.3.5; propane vendors, special issues, 15.3.2; PUC regulations, application, 15.3.4; UCC, application, 15.4.1; UDAP, application, 15.3.4, 15.4.2; unconscionability challenges, 15.3.6; usage of trade, 15.4.1.3
UNREGULATED UTILITIES: MUNIs, see MUNICIPAL UTILITIES (MUNIs); RECs, see RURAL ELECTRIC COOPERATIVES (RECs); standard of care, 6.7.2.2; UDAP, application, 5.5.11, 15.4.2.2
USAGE OF TRADE: UCC doctrine, 15.4.1.3
USURY: late charges as, 5.5.8
UTILITIES: see PUBLIC UTILITIES; UTILITY SERVICE
UTILITIES ALLOCATION SYSTEMS: see ENERGY COST ALLOCATION SYSTEMS
UTILITY ALLOWANCES: see also PUBLIC HOUSING PROGRAM; SECTION 8 HOUSING (VOUCHERS AND CERTIFICATES); SUBSIDIZED HOUSING; air conditioning coverage, 10.2.4, 10.4, 10.5.2; allotment methods, 10.1.4; calculation, 10.2; HUD guidebook, 10.2.3.2; overview, 10.2.1; PHA’s discretion, 10.2.3.1; retail and check-metered tenants, 10.2.2; Section 8 project-based assistance, 10.2.6.3; Section 8 voucher programs, 10.2.5.3; Section 236 housing, 10.2.6.2; covered appliances and uses, 10.2.4; HUD guidebook, 10.2.3.2; estimating consumption, 10.8.7; evaluating, 10.8.4; Fannie Mae and Freddie Mac, 10.2.7; generally, 10.1.4.1; government sponsored enterprises, 10.6.7; HUD-subsidized developments, 10.2.6; overview, 10.2.6.1; project-based Section 8 assistance, 10.2.6.3; Section 236 housing, 10.2.6.2; inadequacy of allowances, 10.6; GAO findings, 10.6.2; GAO recommendations, 10.6.5; litigation on, 10.7; reasons for, 10.6.3, 10.6.4; involuntarily relocated tenants, 10.10; litigation; inadequate allowances, 10.7, 10.8; surcharges, 10.5; metering arrangements, 10.1.4; check-metered projects, 10.1.4.3, 10.2.2, 10.5.1; master-metered projects, 10.1.4.2, 10.5.2; retail-metered units, 10.1.4.4, 10.2.2; negotiation strategies, 10.9; generally, 10.9.1; individual relief, 10.9.2; PHA plan process, using, 10.9.3; overview of problems, 10.1; relationship to costs, 10.6.1; role in setting rents, 10.1.3; seasonal allowances, 10.4; surcharges, 10.5; utilities, defined, 10.2.1; voucher tenants, 10.2.5; calculation, 10.2.5.3; public housing difference, 10.2.5.1; unique problems, 10.2.5.2; who gets them, 10.1.2
UTILITY ARREARS: see also PAYMENT; UTILITY CHARGES; bankruptcy solution, see BANKRUPTCY; deferred payment agreements, see DEFERRED PAYMENT PLANS; disconnection for, see TERMINATION OF SERVICE; erroneous undercharges, 4.1, 6.6; forgiveness programs, 7.2.5; grounds for termination, 6.1.1; landlords, see RESIDENTIAL TENANCIES; liens re, see UTILITY LIENS; payment assistance, see PAYMENT ASSISTANCE PLANS; third-party arrears, see THIRD-PARTY DEBTS
UTILITY CHARGES: see also RATES; TARIFFS; billing errors, see BILLING ERRORS; budget billing plans, see BUDGET BILLING PLANS; conservation plans, see ENERGY EFFICIENCY PROGRAMS; deferred payment plans, see DEFERRED PAYMENT PLANS; flat customer charge, 7.2.2.5; late charges, see LATE CHARGES; long-distance charges, see LONG-DISTANCE TELEPHONE CHARGES; manufactured home parks, 14.3; metering, see METERS; mistaken overcharges, see MISTAKEN OVERCHARGES; mistaken undercharges, see MISTAKEN UNDERCHARGES; non-approved tariffs, 6.3.7; non-exclusive use, 4.2.2; nonpayment, see UTILITY ARREARS; payment assistance, see PAYMENT ASSISTANCE PLANS; payment obligations, see PAYMENT; reconnection charges, 5.4; subsidized housing, see PUBLIC HOUSING PROGRAM; SECTION 8 HOUSING (VOUCHERS AND CERTIFICATES); SUBSIDIZED HOUSING; system benefits charge, 7.2.7; third-party billing, 2.2.3.1, 6.5.1; unmetered use, 4.3.4
UTILITY COMMISSIONS: see FEDERAL ENERGY REGULATORY COMMISSION (FERC); PUBLIC UTILITIES COMMISSIONS (PUCs)
UTILITY DISPUTES: billing disputes, see BILLING DISPUTES; BILLING ERRORS; PUC jurisdiction, 1.3.5; refusal of service, see REFUSAL OF SERVICE; right to service, see RIGHT TO SERVICE; sources of law, see SOURCES OF LAW; termination of service, see TERMINATION OF SERVICE
UTILITY LIENS: bankruptcy, effect, 13.1.1.3; dealing with secured claims, 13.1.3.2.2; third-party debts, 2.2.3.2, 2.2.3.3
UTILITY METERS: see METERS
UTILITY RATES: see RATES
UTILITY SERVICE: see also PUBLIC UTILITIES; affordability programs, see PAYMENT ASSISTANCE PLANS; basic generation service, 2.1.4; bill of rights, 2.5; bundled service, 2.1.4; charges for, see UTILITY CHARGES; contract law, application, 15.4.1.1; credit history, application, 5.2.4; customer service, see CUSTOMER SERVICE; default service, 2.1.4; risks to consumers, 1.2.2.3.4; deregulation, see RESTRUCTURING; disconnection, see TERMINATION OF SERVICE; duty to serve, see DUTY TO SERVE; electric power, see ELECTRIC POWER SERVICE; garbage, see SANITATION SERVICE; gas, see NATURAL GAS SERVICE; good faith standards, 15.4.1.4; inelastic demand, 1.1.5; last resort service, 2.1.4; liens re, see UTILITY LIENS; manufactured homes, see MANUFACTURED HOMES; master-metering, see MASTER-METERING; meter tampering, see METER TAMPERING; meters, see METERS; natural gas, see NATURAL GAS SERVICE; NCLC manual structure, 1.1.3; overview, 1.1; payment for, see PAYMENT; prepaid service, 4.6, 4.7; provider of last resort, see PROVIDER OF LAST RESORT (POLR); providers, see PUBLIC UTILITIES; rates, see RATES; TARIFFS; refusal, see REFUSAL OF SERVICE; restoration, see RESTORATION OF SERVICE; right to, see RIGHT TO SERVICE; sanitation, see SANITATION SERVICE; WATER AND SEWER SERVICE; security deposits, see SECURITY DEPOSITS; selected state regulations, Appx. A.3; sources of law, see SOURCES OF LAW; standard offer service, 2.1.4; telecommunications, see TELECOMMUNICATIONS SERVICE; telephone, see TELEPHONE SERVICE; tenancy situations, see RESIDENTIAL TENANCIES; termination, see TERMINATION OF SERVICE; treatment of customers, see TREATMENT OF CUSTOMERS; UCC, application, 15.4.1; UDAP, application, 15.4.2; unbundling, see RETAIL WHEELING; universal service, see UNIVERSAL SERVICE; unjust discrimination, 2.3.1; usage of trade, 15.4.1.3; water, see WATER AND SEWER SERVICE
UTILITY TARIFFS: see TARIFFS
VOUCHER HOUSING PROGRAM: see SECTION 8 HOUSING (VOUCHERS AND CERTIFICATES)
WAIVER: customer charges, low-income discount programs, 7.2.2.5, 12.3; implied warranty of habitability, 3.4.1.4; late or partial payments, acceptance as, 6.3.4; number-portability charge, Lifeline customers, 11.3.4.3; reconnection charges, 5.4
WARRANTY OF HABITABILITY (IMPLIED): see also RESIDENTIAL TENANCIES; application of doctrine, 3.4.1.2; jurisdictions adopting, 3.4.1.3; manufactured home pads, 14.4; overview, 3.4.1.1; remedies for breach, 3.4.1.5, 6.8.4.2; serious code violations violating, 3.4.1.6; waiver, 3.4.1.4
WATER AND SEWER SERVICE: see also SANITATION SERVICE; UTILITY SERVICE; affordability programs; see also PAYMENT ASSISTANCE PLANS; examples, 12.3; types, 12.2; collateral matters, 2.2.2.5; growing affordability problem, 12.1; multi-unit properties, 4.5.2.1, 4.5.2.2, 4.5.4; municipal utilities, see MUNICIPAL UTILITIES (MUNIs); overview, 1.2.3; ratio-utility billing systems (RUBS), 4.5.4; regulation, 1.2.3; submetering, 4.5.2.1, 4.5.2.2; UCC, application, 15.4.1.2
WEATHER CONDITIONS: see EXTREME WEATHER CONDITIONS; WINTER SERVICE
WEATHERIZATION ASSISTANCE: see also ENERGY EFFICIENCY PROGRAMS; alternative dispute resolution, 9.2.5.11; Department of Agriculture, 9.3.2; Department of Energy, see WEATHERIZATION ASSISTANCE PROGRAM (WAP); evictions after, 9.2.5.5; funding, 9.1; combining funds, 9.4.7.1, 9.4.7.4; inadequate, 9.4.5; grantee-owner agreements, 9.2.5.9, 9.2.5.12; LIHEAP funds, 8.2.7, 9.3.1; low-interest loans, 9.4.7.3; manufactured homes, 14.6.2; modern technology, using, 9.4.2; need for, determination, 10.8.2; non-energy-savings repairs associated with, 9.4.7.2; owner-agency agreements, 9.2.5.9, 9.2.5.10; property assessed clean energy (PACE) loans, 9.5; piggybacked programs, 9.4.7.1, 9.4.7.4; rent increases following, 9.2.5.4; new tenants, 9.2.5.6; tenants who pay for heat through rent, 9.2.5.8; restructuring, effect, 1.2.2.3.3; sale of weatherized property, 9.2.5.7; state funding, 9.3.3; transaction costs, 9.4.7.1; utility sponsored, 9.4; combining funds, 9.4.7.1, 9.4.7.4; cost-effective requirement, 9.4.6; high transaction costs, 9.4.7.1; low-income programs, challenges, 9.4.7; measures not covered by WAP, 9.4.2–9.4.5; multifamily dwellings, 9.4.3; overview, 9.4.1; whole house programs, 9.4.7.1, 9.4.7.4
WEATHERIZATION ASSISTANCE PROGRAM (WAP): see also FEDERAL ASSISTANCE PROGRAMS; WEATHERIZATION ASSISTANCE; alternative dispute resolution, 9.2.5.11; annual state plans, 9.2.4, 9.2.5.10; assistance provided, 9.2.3, 9.4.4; combining with utility programs, 9.4.7.4; contacts, Appx. D.4; cost-effectiveness, 9.4.7.4; Davis-Bacon Act, application, 9.2.6; eligibility, 9.2.2; history, 9.2.1; inadequate funding, 9.4.5; legislation, text, Appx. D.1; manufactured homes, application, 14.6.2.1, 14.6.2.4; multifamily dwellings, 9.4.3, Appx. D.5; overview, 9.2.1; regulations, Appx. D.2; rent increases following, 9.2.5.4; reweatherization, 9.4.2; tenant applicability, 9.2.5; alternative dispute resolution, 9.2.5.11; DOE regulations, 9.2.5.2; eligibility, 9.2.2; enforcement issues, 9.2.5.12; grantee-owner agreements, 9.2.5.9, 9.2.5.12; issues to be addressed, 9.2.5.4–9.2.5.12; overview, 9.2.5.1; owner-agency agreements, 9.2.5.9, 9.2.5.10; state plans, 9.2.5.3, 9.2.5.10; statutory guidance, 9.2.5.2; tenants who pay for heat through rent, 9.2.5.8
WEB RESOURCES: FCC activities, 11.1.4; PUC decisions, 1.3.2; slamming complaints, 11.5.3.5; universal service programs, 11.2.7; utility tariffs, 1.3.4
WELFARE PROGRAMS: see UTILITY ARREARS
WHEELING: see RETAIL WHEELING; WHOLESALE WHEELING
WHOLESALE WHEELING: electric power industry, 1.2.2.3
WINTER SERVICE: see also EXTREME WEATHER CONDITIONS; UTILITY SERVICE; moratoria on terminations, 6.3.2; selected state regulations, Appx. A.3.4
WOOD: see UNREGULATED DELIVERABLE FUELS