§ 8-1-2-121 — Termination of residential electric or gas service

(a) Notwithstanding any other provision of
law, from December 1 through March 15 of any year, no electric or gas
utility, including a municipally owned, privately owned, or
cooperatively owned utility, shall terminate residential electric or gas
service for persons who are eligible for and have applied for assistance
from a heating assistance program administered under IC 4-4-33. The
commission shall implement procedures to ensure that electric or gas
utility service is continued while eligibility for such persons is being
determined.
(b) Any electric or gas utility, including a municipally owned,
privately owned, or cooperatively owned utility, shall provide any
residential customer whose account is delinquent an opportunity to
enter into a reasonable amortization agreement with such company to
pay the delinquent account. Such an amortization agreement must
provide the customer with adequate opportunity to apply for and
receive the benefits of any available public assistance program. An
amortization agreement is subject to amendment on the customer's
request if there is a change in the customer's financial circumstances.
(c) The commission may establish a reasonable rate of interest
which a utility may charge on the unpaid balance of a customer's
delinquent bill that may not exceed the rate established by the
commission under section 34.5 of this chapter.
(d) The commission shall adopt rules under IC 4-22-2 to carry out
the provisions of this section.
(e) This section does not prohibit an electric or gas utility from
terminating residential utility service upon a request of a customer or
under the following circumstances:
(1) If a condition dangerous or hazardous to life, physical safety,
or property exists.
(2) Upon order by any court, the commission, or other duly
authorized public authority.
(3) If fraudulent or unauthorized use of electricity or gas is
detected and the utility has reasonable grounds to believe the
affected customer is responsible for such use.
(4) If the utility's regulating or measuring equipment has been
tampered with and the utility has reasonable grounds to believe
that the affected customer is responsible for such tampering.

Legislative History

As added by P.L.43-1983, SEC.10. Amended by P.L.41-1987, SEC.6; P.L.2-1992, SEC.78; P.L.181-2006, SEC.48.