Is it legal for KY utility companies to cut your power in cold weather? Know your rights
If you’re facing termination of your utility service and the forecast calls for temperatures to drop below freezing, you may be wondering if power companies have the right to disconnect your service.
According to the U.S. Department of Health and Human Services, some states, such as Arkansas, restrict service disconnects for gas and electric utilities under freezing temperatures. However, Kentucky isn’t among those states.
While Kentucky utility customers can negotiate payment plans for service reconnection during the winter months, they must be “income qualified” to do so. With more bitter cold in the forecast, here’s what that means, including how the process works, how to know whether you’ve been given proper notice and what your rights are.
How much notice does a utility have to give before terminating service?
Under state regulation, a utility service in Kentucky must give the customer at least 10 days written notice before shutting off service due to lack of payment.
There are a few exceptions to that general rule, including for “dangerous conditions.” That could include a gas leak, in which case the damaged piping or gas appliance would be disconnected while repairs are made.
If you have been disconnected due to lack of payment, Kentucky’s Public Service Commission advises customers to first contact the utility company to learn the cost of reactivating service.
If you are unsatisfied with how your utility company handles the issue, you can also file a complaint with the Public Service Commission, but you will need to give the utility the chance to respond to your concern first.
To reconnect service, you may need to provide a deposit and a reconnection fee, in addition to paying the outstanding balance. If you can’t come up with the money right away, the first thing you should do is contact the company and ask about setting up a partial payment plan.
State regulation requires utilities to negotiate and accept reasonable partial payment plans at the customer’s request. One exception is if the customer is delinquent under another, previously negotiated plan. In that case, the utility company isn’t required to negotiate and accept another plan. So if you do agree to a payment plan, make sure it’s something you can stick to and be sure to honor the agreement.
What if it’s winter and cold outside, can my power be cut off?
Section 16 of this state regulation outlines the rules and procedures for obtaining a winter hardship reconnection, which comes with the following conditions. These conditions apply between the months of November and March.
The customer must present a “certificate of need” from the Cabinet of Health and Family Services or its designee. The regulation defines financial need as a household having a gross income at or below 130% of the federal poverty level. For a family of four, for example, that annual income would be $39,000.
The customer pays one-third of their outstanding bill or $200, whichever is less.
The customer agrees to a repayment plan that would bring them current as soon as possible, but no later than Oct. 15.
According to the Public Service Commission, certificates of need are handled through Community Action of Kentucky, which offers assistance with utilities through Kentucky’s Low Income Home Energy Assistance Program, or LIHEAP.
Do you have a question about utility company accountability in Kentucky for our service journalism team? Let us know via the Know Your Kentucky form below or email us at ask@herald-leader.com.
This story was originally published January 20, 2024 at 8:00 AM with the headline "Is it legal for KY utility companies to cut your power in cold weather? Know your rights."