HB-4660, As Passed Senate, November 6, 2003                                 

SUBSTITUTE FOR

HOUSE BILL NO. 4660

                                                                             A bill to amend 1939 PA 3, entitled                                               

"An act to provide for the regulation and control of public                 

utilities and other services affected with a public interest                

within this state; to provide for alternative energy suppliers;             

to provide for licensing; to include municipally owned utilities            

and other providers of energy under certain provisions of this              

act; to create a public service commission and to prescribe and             

define its powers and duties; to abolish the Michigan public                

utilities commission and to confer the powers and duties vested             

by law on the public service commission; to provide for the                 

continuance, transfer, and completion of certain matters and                

proceedings; to abolish automatic adjustment clauses; to prohibit           

certain rate increases without notice and hearing; to qualify               

residential energy conservation programs permitted under state              

law for certain federal exemption; to create a fund; to provide             

for a restructuring of the manner in which energy is provided in            

this state; to encourage the utilization of resource recovery               

facilities; to prohibit certain acts and practices of providers             

of energy; to allow for the securitization of stranded costs; to            

reduce rates; to provide for appeals; to provide appropriations;            

to declare the effect and purpose of this act; to prescribe                 

remedies and penalties; and to repeal acts and parts of acts,"              

(MCL 460.1 to 460.10cc) by adding section 9c.                               

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1   Sec. 9c.  (1) Except as otherwise provided by this section,                 

1   a provider of electric or gas service shall not discontinue the             

2   service to the residence of a qualifying customer who has made a            

3   filing under this section.                                                  

4       (2) In addition to protection provided under the Michigan                   

5   military act, 1967 PA 150, MCL 32.501 to 32.851, a qualifying               

6   customer may apply for shut-off protection for electric or gas              

7   service by notifying the provider that he or she is in need of              

8   assistance because of a reduction in household income as the                

9   result of a call to active duty status in the military.                     

10      (3) A provider of service may request verification of the                   

11  call to active duty status from the qualifying customer.                    

12      (4) A qualifying customer may receive shut-off protection                   

13  from the provider of service under this section for up to 90                

14  days.  Upon application to the provider, the provider may grant             

15  the qualifying customer 1 or more extensions.                               

16      (5) A qualifying customer receiving assistance under this                   

17  section shall notify the provider of the end of the call to                 

18  active duty status as soon as that status is known.                         

19      (6) Unless waived by the provider, the shut-off protection                  

20  provided under this section does not void or limit the obligation           

21  of the qualifying customer to pay for electric or gas services              

22  received during the time of assistance.                                     

23      (7) A provider shall do all of the following:                               

24      (a) Establish a repayment plan requiring minimum monthly                    

25  payments that allows the qualifying customer to pay any past due            

26  amounts over a reasonable time period not to exceed 1 year.                 

27  (b) Provide a qualifying customer with information regarding                

1   any governmental, provider, or other assistance programs.                   

2       (c) Provide qualifying customers with access to existing                    

3   information on ways to minimize or conserve their service usage.            

4       (8) This section does not affect or amend any commission                    

5   rules or orders pertaining to billing standards.  If the terms              

6   and conditions under subsection (7)(a) are not followed by the              

7   qualifying customer, the provider may follow the procedures in              

8   the commission's rules on consumer standards and billing                    

9   practices for electric and gas residential service.                         

10      (9) As used in this section, a "qualifying customer" means                  

11  all of the following:                                                       

12      (a) A residential household where the income is reduced                     

13  because the customer of record, or the spouse of the customer of            

14  record, is called to full-time active military service by the               

15  president of the United States or the governor of this state                

16  during a time of declared national or state emergency or war.               

17      (b) Assistance is needed by the residential household to                    

18  maintain electric and gas service.                                          

19      (c) The residential household has notified the provider of                  

20  the need for assistance and, if required, and has provided                  

21  verification of the call to active duty status.