Can Mississippi utility companies shut off services in the summer heat? What the law says
Mississippi residents have a right to life, liberty and electricity this Labor Day weekend.
If that last right listed looks out of place, Mississippi law says it isn’t.
According to Mississippi’s consumer protection laws, a utility company may not disconnect services on weekends or holidays the company observes, unless the company is open to accept payments and restore services on those days.
Mississippi Power will be closed Labor Day weekend, but will be open for regular hours the prior Friday, Sept. 1.
Utility companies have a number of restrictions when it comes to disconnecting services. Here are a few of them.
Rules and regulations for service disconnection
- Service may not be interrupted without five days written notice and proof the company used due diligence to give the customer notice and a reasonable opportunity to comply.
- No utility shall discontinue service to a residential customer for nonpayment on any Saturday, Sunday or holiday observed by the utility company unless the company is open to accept payments and reconnect services.
- The utility company must reconnect by the first business day after the due balance has been received.
- If a utility employee comes to your door to collect an overdue payment and the utility has not been disconnected, the company can charge an extra dollar for having to dispatch someone to retrieve the payment. If the utility is disconnected by the time the employee visits the residence, the company can charge a $2 reconnection fee.
The mid-winter rule
Mississippi’s mid-winter rule protects residents from losing utilities in December, January, February and March.
“Residential customers who are unable to pay the full amount of their utility bill because of extreme financial hardship may qualify,” according to state regulations.
There are a few steps the customer must take to qualify for the mid-winter rule:
- The customer must inform the utility company in writing that they cannot pay the bill due to extreme financial hardship prior to the cutoff date and time provided on any disconnection notice received. The written notice must be delivered to the utility company accompanied by the resident’s most recent utility bill.
- Once the notice is received, the utility cannot disconnect services from December to March, provided the customer agrees to an extended payment plan.
And the mid-summer rule?
According to the Washington Post, more than 40 states have laws similar to Mississippi’s mid-winter rule, preventing disconnections during extremely cold months.
However, only 19 states have similar laws for extreme heat. And yes, Mississippi is one of them. Residential customers have the right to avoid disconnection of power due to nonpayment if, as of 8 a.m. on the scheduled disconnection day, the National Weather Service has issued an Excessive Heat Warning for the resident’s county.
According to NWS, excessive heat warnings are issued “when heat indices are expected to reach at least 105 degrees” for at least two hours per day, usually for a multi-day event.
Here’s the extended payment plan
The full amount due must be paid by Nov. 11.
The utility company can determine the minimum monthly payment based on the customer’s 12 previous months of service. The previous 12 bills are added and divided by 12 to determine the payment amount. If the resident has not had service for the full 12 months, the company can use the bills of an average residential customer who lives in the same area.
The first lowered payment is due the day of the agreement.
What can you do if you think you will be late with a payment that is not yet due?
According to Mississippi law, the customer has the right to negotiate with any electrical or natural gas company to set up a delayed payment plan and avoid disconnection.
If a resident is approved for the Low Income Home Energy Assistance Program (LIHEAP), but the bill payments have not started before the bill is due, the resident can show the notice of approval to avoid interruption of service. As long as the payment will be made within 30 days.
Mississippi Power offers additional assistance programs, including Project Share (up to $300 for those who are elderly, handicapped or disabled) and discounts for those who qualify for Temporary Aid to Needy Families (TANF) or Supplemental Security Income (SSI).
This story was originally published August 29, 2023 at 7:00 AM.
