38.5.1401    DEFINITIONS

For purposes of this subchapter:

(1) "Appliances essential for maintenance of health" means any electric or gas energy-using device which is certified by a licensed physician as being essential to prevent or to provide relief from serious illness or to sustain the life of a member of the household and for which there is no reasonable alternative.

(2) "Customer" means any purchaser of gas or electric service supplied by a utility for residential purposes.   A person who requests disconnection of service at his or her current address in order to move service to his or her new address with no break in the service is an existing customer, not an applicant for new service.

(3) "Delinquent account" means an account for residential service which remains unpaid for at least 30 days after the bill is rendered.   The exact due date shall be printed on the face of the bill.

(4) "Elderly" means any residential electric or gas consumer aged 62 or older, who resides at the service address.

(5) "Handicapped" means any residential electric or gas consumer who resides at the service address and has any physicial or mental impairment which substantially limits one or more of such person's life activities, and such person:

(a) is certified as being physicially disabled by a licensed physician, or

(b) is certified as being mentally disabled by a licensed psychiatrist or registered psychologist, veterans administration, social security administration, or local board of health.

(6) "Landlord customer" means one or more individuals or an organization listed on a gas or electric utility's records as the party responsible for payment of the gas or electric service provided to one or more residential units of a building, which is occupied by a tenant.

(7) "Person unable to pay or to pay only in installments" means any purchaser of electric or gas service for residential purposes, who is a recipient of public assistance and/or has an income at or below federal poverty guidelines.

(8) "Residential building" means a building containing one or more dwelling units occupied by one or more tenants, but excluding hotels and motels not used primarily for residential purposes.

(9) "Tenant" means any person or group of persons whose dwelling unit in a residential building is provided natural gas or electricity, pursuant to a rental agreement, but who is not the customer of the utility which supplies said gas or electricity.

(10) "Termination of service" means a cessation of service effectuated by the utility and not voluntarily requested by a customer.

History: Sec. 69-3-103, MCA; IMP, Sec. 69-3-102, MCA; NEW, 1980 MAR p. 641, Eff. 2/29/80; AMD, 2000 MAR p. 1080, Eff. 4/28/00.