Section 280.45  Deposits for Low Income Customers

a)         A low income customer or applicant may be required to pay a deposit if the following conditions exist:

1)         The utility has proof that the applicant or customer benefitted from tampering.

2)         The applicant was previously disconnected for non-payment of bill amounts owing to the utility for the same class and type of service.

b)         With the following exceptions, all provisions of Section 280.40 shall apply equally to low income customers.

1)         Credit scoring: A utility shall not assess a low income customer a deposit based upon credit scoring. Credit scoring deposits shall be returned to the customer upon certification as a low income customer.

2)         Late payments and past due over 30 days: A utility shall not assess a low income customer a deposit under Section 280.40(e)(1).

3)         Unpaid final bill: A utility may assess a deposit for a low income applicant if the applicant failed to pay a final bill owing to the utility for the same class and type of service, and that final bill was greater than 20% of the average annual billing for the residential customers of the utility for the calendar year preceding the time of the application.

4)         Payment: A utility may require payment of ⅕ of an applicable deposit within a minimum of 12 days after the issue date of a deposit notice to a low income applicant or customer, with the remaining ⅘ to be paid in equal installments over the next four billing cycles.

c)         Deposits collected for any reason other than credit scoring prior to a customer's certification as a low income customer shall remain validly held by the utility until the customer meets the refund conditions found in Section 280.40.