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Public Utility Commission of Texas stands by rule regulating when electric companies can cut power for non-payment

The commission did not consider AARP and the Texas Consumer Association’s petition, which claimed possible confusion as to when companies must keep power on.

AUSTIN, Texas — Despite outcries from consumer advocacy groups, the Public Utility Commission of Texas (PUC) did not issue a stop to electricity disconnections.

PUC already has rules in place to keep residential power on during extreme weather.

“A REP (Retail Electric Provider) having disconnection authority under the provisions of subsection (b) of this section must not authorize a disconnection for nonpayment of electric service for any customer in a county in which an extreme weather emergency occurs. A REP must offer residential customers a deferred payment plan upon request by the customer that complies with the requirements of §25.480 of this title (relating to Bill Payment and Adjustments) for bills that become due during the weather emergency," the rule states.

(1) The term “extreme weather emergency” means a day when:

(A) The previous day’s highest temperature did not exceed 32 degrees Fahrenheit and the temperature is predicted to remain at or below that level for the next 24 hours anywhere in the county, according to the nearest National Weather Service (NWS) reports; or 

(B) The NWS issues a heat advisory for a county, or when such advisory has been issued on any one of the preceding two calendar days in a county. 

(2) A Transmission and Delivery Utilities (TDU) company must notify the commission of an extreme weather emergency in a method prescribed by the commission, on each day that the TDU has determined that an extreme weather emergency has been issued for a county in its service area. The initial notice must include the county in which the extreme weather emergency occurred and the name and telephone number of the utility contact person," the PUC rule shows.

AARP Texas and the Texas Consumer Association asked commissioners to consider issuing a moratorium until at least mid-September.

“The Commission's current disconnection rule for extreme weather is flawed in that it applies on a utility-specific basis and is tied to specific calendar days -- when a NWS heat advisory notice is in place or has been in place for the past two days. This makes it difficult for a customer to determine when a local disconnection ban is in effect and impossible to predict when the ban might be lifted and the power could be shut off. If the disconnection moratorium is tied to a specific end date (such as Sept. 15 or Oct. 1), that will reduce customer uncertainty and stress and enable budget planning for bill repayment,” the petition shows.

PUC issued a moratorium after the February 2021 winter storm left hundreds dead and millions without power.

“Dangerous heat continues to beat down on Texas. It is imperative that the Public Utility Commission immediately suspend the current rules on the disconnections of electric service and impose a moratorium on all electric service disconnections of residential premises for bill arrearages or lack of payment until Sept. 15 or later,” AARP Texas Director Tina Tran said.

No commissioner made a motion to consider a moratorium in Thursday’s open meeting.

The Electric Reliability Council of Texas (ERCOT) manages the power grid covering most of the state and keeps a list of service areas under a moratorium.

Some electric providers may go beyond the PUC requirements, issuing a moratorium even without a heat advisory in effect.

Austin Energy told the KVUE Defenders they will not disconnect a resident due to non-payment when "the actual heat index for the then-current day and the forecasted heat index for the following day is or will be 102 degrees Fahrenheit or above, in which case the moratorium shall be put into effect the day following the current day.”

There are programs to help you get caught up on your payments.

Electric ratepayers outside Austin Energy’s coverage area can use 2-1-1 Texas to find help.

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