Can Kentucky power companies cut your service for nonpayment in extreme cold?
After days of near-continuous snow, Central Kentucky is once again under a winter storm warning this weekend, with another half-foot of snow possible, according to a Jan. 8 forecast from the National Weather Service.
So what if you gas or electric bill is past-due and you’re facing a service disconnect? Does Kentucky prohibit your utility company from shutting off your service, as other states do?
Here’s what state regulation has to say about the question. We also have tips for negotiating partial payment plans, how much notice companies have to give before terminating your service and how to make a complaint with the state’s utility regulator.
Does Kentucky ban utility companies from disconnecting you during cold weather?
In other states, such as Illinois, there’s a general rule against gas or electric service disconnects when forecast temperatures are at or below freezing.
By contrast, Kentucky does not have a broad, statewide rule against heat disconnections during cold weather, but there are a few extra conditions that apply to gas and electric companies during the coldest months of the year.
These “winter hardship” conditions come into play between the months of November and March, and include:
The customer presents a “certificate of need” from the Cabinet of Health and Family Services or its designee. State 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 $40,560 in 2025. Certificates of need are typically handled through Community Action, which also offers assistance with utilities through Kentucky’s Low Income Home Energy Assistance Program. Once a certificate of need has been provided to the utility, the company cannot terminate service for 30 days beyond the termination date.
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.
Those conditions are laid in state regulations, which also establish the steps a utility company must take before they can disconnect your service for lack of payment.
In Kentucky, when can a utility company disconnect service?
State regulations, specifically Section 15 of KAR 5:006, require utility companies in Kentucky to make a “reasonable effort” to contact customers and obtain a payment from them before disconnecting their service. That includes, for example, any notices you receive in the mail about your account being past due.
There are some exceptions, of course, such as when there’s a dangerous gas leak, and the company needs to temporarily suspend your service so the leak can be fixed. Generally, however, customers must be given written notice in advance before service disconnects for lack of payment can occur.
This varies based on the type of utility service provided.
For water, sewer or telephone services, at least five days’ written notice of termination is standard. Service shall not, for any reason, be terminated before 20 days after the mailing date of the original unpaid bill, the regulation states.
In the case of gas and electric, however, those types of companies have to give the customer a notice of termination for nonpayment at least 10 days in advance.
As for the termination itself, “service shall not, for any reason, be terminated before 27 days after the mailing date of the original unpaid bill,” the regulation states.
What should I do if I’m facing termination but can’t pay right away?
If you’re facing a service disconnect and can’t come up with the money right away, it’s recommended you 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. It will also ward off a disconnect, as companies aren’t allowed to terminate service if a payment agreement is in effect.
That said, a utility company isn’t required to negotiate and accept another plan if you’re already delinquent under a previously agreed to payment 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.
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.
Do you have a question about business 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.