220 Mass. Reg. 25.01

Current through Register 1522, May 24, 2024
Section 25.01 - Applicability and Definitions
(1)Application. 220 CMR 25.00 shall apply to all gas, electric and water utility companies subject to the jurisdiction of the Department of Public Utilities and all municipal gas and electric departments, corporations and plants. Excluded from the application of 220 CMR 25.00 are the following: industrial accounts, commercial accounts not affecting tenants, and accounts affecting nursing homes, hotels, and motels.

220 CMR 25.00 supersedes all prior regulations of the Department of Public Utilities governing billing and termination procedures for gas, electric and water utilities.

If any part of the terms and conditions of any company are in conflict with 220 CMR 25.00, 220 CMR 25.00 shall be controlling.

(2)Definitions. The following terms, as used in 220 CMR 25.00 shall have the following meanings:

Bill. A written statement from a company to a customer setting forth the amount of gas, electricity or water consumed or estimated to have been consumed for the billing period set forth in the company's tariff and the charges therefor.

Budget Plan. An equalized payment arrangement whereby the customer's gas or electric usage is projected for a period, equal monthly charges are calculated and billed for said period, and said charges are reconciled with actual usage in the final billing for said period.

Company. A gas or electric company as defined in M.G.L. c. 164, a water company as defined in M.G.L. c. 165, or a municipal gas or electric department, corporation or plant established pursuant to any general or special law.

Customer. Any user of gas, electricity or water billed on a residential rate as filed with the Department.

Department. The Department of Public Utilities, Commonwealth of Massachusetts.

Financial Hardship. Shall exist when a customer is unable to pay an overdue bill and such customer meets income eligibility requirements for the Low-income Home Energy Assistance program administered by the Massachusetts Department of Housing and Community Development, or its successor, or when the Director of the Department's Consumer Division, or his designee, determines that such a finding is warranted.

Heat Related Account. An account for gas or electric service which service supplies fuel or energy, as the case may be, to a space heating system or is used to activate the space heating system, of a customer or landlord customer.

Landlord Customer. One or more individuals or an organization listed on a gas, electric or water company's records as the party responsible for payment of the gas, electric or water service provided to one or more residential units of a building, of which building such party is not the sole occupant.

Payment Plan. A deferred payment arrangement applied to an amount of past due charges. Said arrangement shall extend over a minimum of four months, or such other period approved by the Department's Consumer Division, whereby equal payments of said past due charges in addition to currently due charges are billed to the customer.

Projected Bill. A written statement of the amount which would be owed if the same quantity of gas, electricity or water were supplied at current rates as was supplied for the same billing period during the previous year; but, if no service was rendered to the account during the same billing period for the previous year or if the demand for such service is significantly different from that of the previous year, such written statement shall be based upon a reasonable method of estimating charges for usage approved by the Department.

Receipt. In the case of a bill or notice required by 220 CMR 25.00, shall be presumed to be three days after the date of mailing, or if a bill or notice is delivered rather than mailed, on the date of delivery.

Residential Building. A building containing one or more dwelling units occupied by one or more tenants, but excluding nursing homes, hotels and motels.

Service. Gas, electric or water service.

Tenant. Any person or group of persons whose dwelling unit in a residential building is provided gas, electricity, or water, pursuant to a rental arrangement, but who is not the customer of the company which supplies such gas, electricity or water.

220 CMR 25.01