# Notice of Discontinuance

- **operation:** document
- **citation:** 4 CCR 723-4 Rule 4408
- **title:** Notice of Discontinuance
- **source type:** regulation
- **agency:** Colorado Public Utilities Commission
- **status:** current
- **official:** true
- **published on:** Not available
- **effective on:** Not available
- **summary:** (a) Except as provided in paragraphs (g) and (h) of this rule, prior to discontinuing service, a utility shall provide a customer, and any third party the customer has designated in writing or electronically, with the following forms of notice: (I) upon a bill becoming past due, and at least five bu
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/co-ccr-4-723-4-4408.json
- **markdown:** https://regulus.evalyn.ai/document/co-ccr-4-723-4-4408.md
- **app url:** https://regulus.evalyn.ai/document/co-ccr-4-723-4-4408
- **source url:** https://www.sos.state.co.us/CCR/DisplayRule.do?action=ruleinfo&ruleId=2260&deptID=18&agencyID=96&deptName=Department%20of%20Regulatory%20Agencies&agencyName=Public%20Utilities%20Commission&seriesNum=4%20CCR%20723-4
**body:**

(a) Except as provided in paragraphs (g) and (h) of this rule, prior to discontinuing
service, a utility shall provide a customer, and any third party the customer has
designated in writing or electronically, with the following forms of notice:
(I) upon a bill becoming past due, and at least five business days before
issuing a notice of discontinuance, a utility must provide notice of late
payment;
(II) at least 12 business days before any proposed service discontinuance,
written notice of discontinuance as further described in paragraphs (b) and
(c), by first class mail or hand delivery;
(III) at least 24 hours in advance of any proposed service discontinuance, the
utility must make a reasonable attempt to provide notice in person or by
telephone; and
(IV) if the utility will implement service discontinuance remotely, in addition to
subparagraphs (I) through (III), the utility must undertake at least one
additional attempt to notify the customer of record at their provided
telephone number or in person at least 72 hours before discontinuing
service.
(b) The written notice of discontinuance under subparagraph (a)(II) shall be
conspicuous and in easily understood language, and the heading shall contain, in
bold font and capital letters, the following warning:
THIS IS A FINAL NOTICE OF DISCONTINUANCE OF UTILITY SERVICE
AND CONTAINS IMPORTANT INFORMATION ABOUT YOUR LEGAL
RIGHTS AND REMEDIES. YOU MUST ACT PROMPTLY TO AVOID
UTILITY SHUT OFF.
(c) The body of the notice of discontinuance under subparagraph (a)(II) of this rule
shall at a minimum advise the customer of the following:
(I) the reason for the discontinuance of service;
(II) the amount past due for utility service, deposits, or other regulated
charges, if any;

(III) the date by which an installment payment plan must be entered into or full
payment must be received in order to avoid discontinuance of service;
(IV) how and where the customer can pay or enter into an installment payment
plan prior to the discontinuance of service;
(V) that the customer may avoid discontinuance of service by entering into an
installment payment plan with the utility pursuant to rule 4404 as
described in the utility's applicable tariff;
(VI) that the customer has certain rights if the customer or a member of the
customer’s household is seriously ill or has a medical emergency;
(VII) that the customer has the right to dispute the discontinuance directly with
the utility by contacting the utility, and how to contact the utility toll-free
from within the utility's service area;
(VIII) that the customer has the right to make an informal complaint to the
Commission in writing, by telephone, or in person, along with the
Commission’s address and local and toll-free telephone number;
(IX) that the customer has the right to file a formal complaint, in writing, with
the Commission pursuant to rule 1302 and that this formal complaint
process may involve a formal hearing;
(X) that in conjunction with the filing of a formal complaint, the customer has a
right to file a motion for a Commission order ordering the utility not to
disconnect service pending the outcome of the formal complaint process
and that the Commission may grant the motion upon such terms as it
deems reasonable, including but not limited to the posting of a deposit or
bond with the utility or timely payment of all undisputed regulated charges;
(XI) that if service is discontinued for non-payment, the customer may be
required, as a condition of restoring service, to pay reconnection and
collection charges in accordance with the utility's tariff; and
(XII) that customers may be able to obtain financial assistance to assist with
the payment of the utility bill and that more detailed information on that
assistance may be obtained by calling the utility toll-free. The utility shall
state its toll-free telephone number.

(d) A notice of discontinuance shall be printed in English and a specific language or
languages other than English where the utility’s entire service territory contains a
population of at least ten percent who speak a specific language other than
English as their primary language as determined by the latest U.S. Census
information.
(e) A utility shall explain and shall offer the terms of an installment payment plan to
each customer who contacts the utility in response to a notice of discontinuance
of service.
(f) If the utility attempts to notify the customer in person or by telephone but fails to
do so, it shall leave written or recorded notice of the attempted contact and its
purpose.
(g) If a customer has entered into an installment payment plan and has defaulted or
allowed a new bill to remain unpaid past its due date, a utility shall provide, by
first class mail or by hand-delivery, a written notice to the customer. The notice
shall contain:
(I) a heading as follows: NOTICE OF BROKEN ARRANGEMENT
(II) statements that advise the customer:
(A) that the utility may discontinue service if it does not receive the
monthly installment payment within ten days after the notice is
mailed or hand-delivered;
(B) that the utility may discontinue service if it does not receive
payment for the current bill within 30 days after its due date;
(C) that, if service is discontinued, the utility may refuse to restore
service until the customer pays all amounts for regulated service
more than 30 days past due and any collection or reconnection
charges; and
(D) that the customer has certain rights if the customer or a member of
the customer’s household is seriously ill or has a medical
emergency.
(h) A utility is not required to provide notice under this rule if one of the following
applies:
(I) the situation involves safety concerns;
(II) discontinuance is ordered by any appropriate governmental authority;
(III) either paragraph 4407(c) or 4407(d) applies; or

(IV) service, having been already properly discontinued, has been restored by
someone other than the utility and the original cause for discontinuance
has not been cured.
(i) Where a utility knows that the service to be discontinued is used by customers in
multi-unit dwellings, in places of business, or in a cluster of dwellings or places of
business and the utility service is recorded on a single meter used either directly
or indirectly by more than one unit, the utility shall issue notice as required in
paragraphs (a) and (b) of this rule, except that:
(I) the notice period shall be 30 days;
(II) such notice may include the current bill;
(III) the utility shall provide written notice to each individual unit, stating that a
notice of discontinuance has been sent to the party responsible for the
payment of utility bills for the unit and that the occupants of the units may
avoid discontinuance by paying the next new bill in full within 30 days of its
issuance and successive new bills within 30 days of issuance; and
(IV) the utility shall post the notice in at least one of the common areas of the
affected location.
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