winning & enforcing state utility consumer protections

Protecting Vulnerable Consumers and Promoting Marketplace Justice

NATIONALCONSUMER LAW

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NCLC, 77 Summer St, 10th Fl. Boston, MA 02110 Phone: (617) 542-8010 Fax: (617) 542-8028 www.nclc.orgCharlie Harak Email: [email protected]

Winning & Enforcing State Utility Consumer Protections

National Community Action Foundation

St. Petersburg, FL

November 13, 2007



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Overview of Presentation General discussion, w. some ex’s (CH) Ingredients of success (CH) State-specific examples (Jami, Cynthia)



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Successes: Example 1 Iowa: payment plans, IA Adm. Code

199-19.4(10) (p. 95 “Rights”) Plans must be “reasonable” (p. 96) 2nd plans can be LONGER than 1st

RESOURCE: Jerry McKim



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Example 2 MO winter moratorium rule, tit. 4, § 240-

13.055: waived late pmt. fees, reduced pmt. needed to avoid disconnect. Upheld in MO Ct. App. (2006).

RESOURCE: AARP



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Example 3 TLSC and TexasROSE petitioned for

waiver of deposit rules, post-Katrina. RESOURCE: Randy Chapman



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Example 4

Nevada Fund for Energy Assistance, NRS 702.050 - .280 --- 3.6% of inc. std.

RESOURCE: Fall 04 “Update”



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Example 5

MA vendor agreement: 25% down Serious illness, winter, elderly, infant: 220

CMR 25.03 RESOURCE: CH



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Lessons Learned “90% of life is just showing up” –Woody

Allen (e.g., 25% down) “I found allies that I never thought I’d find,

including utility people, regulators, and others. You’ve got to find the right people and work with them to make things better.” - Elliott Jacobson



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Lessons Learned

Potential allies include leg., util. cos., PUCs, press, other low-income groups

Facts/data play a key role: arrearage and terminations esp. Document the need!

Build a network/Assurance 16



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A Word About Enforcement

Most states have under-utilized rules and protections: payment plans, term. rules.

winning & enforcing state utility consumer protections

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