08-29-16-SWS - Laserfiche WebLink

Home Browse Search

RELEVANT LINKS: League of Minnesota Cities Information Memo: 6/22/2016 Securing Payment of Utility Charges Page 19 64 Am. Jur. 2d Public Utilities § 52. Berner v. Interstate Power Co. 57 N.W.2d 55 (Iowa 1953). In Re MidAmerican Energy Co., (Iowa U.B. Mar. 11, 2002) (NO. DRU-02-1, ID 130760). While there is some disagreement, most courts find that a municipal utility cannot require payment at one address for utility services delivered to a different address where one person owns both properties. For example, a municipal electric utility cannot shut off electricity at a residence for charges incurred by a business even if the same person owns both properties. 60 A.L.R.3d 714 § 2. A municipal utility probably cannot shut off one type of service due to nonpayment for some other city service. For example, a municipal utility cannot shut off water for failure to pay a gas or electric charge. (The exception to this general rule is that water can be shut for failure to pay sewer charges). Memphis Light, Gas and Water Division, et al., v. Craft, 436 U.S. 1 (U.S.1978). A municipal utility cannot disconnect or certify a consumer’s disputed charges while the consumer is going through the appropriate city authorized appeal process. B. Special situations See Section XI. F. 1. Households with military personnel. Minn. Stat. § 325E.028. Households with military personnel are protected from utility shut-offs. City utilities must not disconnect utility service to a home if a member of the household has active duty orders or receives other types of military orders. The customer must agree to a payment plan. Minn. Stat. § 216B.098, subd. 5. Minn. R. 7826.1800. A municipal electric utility must reconnect or continue service to a customer’s residence where a medical emergency exists or where medical equipment requiring electricity necessary to sustain life is in use, provided that the utility receives written certification, or initial certification by telephone and written certification within five business days, that failure to reconnect or continue service will impair or threaten the health or safety of a resident of the customer’s household. Certification is required and may be provided by a licensed medical doctor, licensed physician assistant, an advanced practice registered nurse, or a registered nurse (but only to the extent of verifying current diagnosis or prescriptions made by a licensed medical doctor). Customers who are in arrears must contact and enter into a payment agreement with the utility. (The annual service quality report must include the number of customers who requested emergency medical account status under this statute, the number whose applications were granted, and the number whose applications were denied and the reasons for each denial).