23 CAR § 455-304. Refusing service

(a) Reasons for refusal. A utility may refuse service to an applicant only for the following reasons: (1)(A) A bill from the utility for the same kind of utility service remains unpaid in the applicant’s name. (B) Exception. A utility may not refuse utility service to an applicant because of unpaid bills for merchandise or nonutility services purchased, rented, or leased from or through the utility; (2) Application for service following the relocation of the applicant and a former customer to new premises from premises where a bill remains unpaid for service that was provided to the former customer while the applicant was a full-time occupant; (3) Application for service at premises where there is an unpaid utility bill and where: (A) The former customer who owed the bill remains at the premises; (B) A full-time occupant of the premises when the bill was incurred remains at the premises; or (C) A full-time user of the service when the bill was incurred remains at the premises; (4) The applicant is not in compliance with an Arkansas Public Service Commission order, a delayed payment agreement, or an extension agreement with the utility entered with respect to service previously rendered by the utility to the applicant; (5) The applicant has not paid the utility an approved fee, charge, or deposit as provided for in this part or the utility’s approved tariffs; (6) The applicant has not furnished adequate assurance of payment in the form of a deposit or other security for service within twenty (20) days of an order for relief under 11 U.S.C. § 366 of the United States Bankruptcy Code; (7) There is evidence that the applicant is: (A) Using service in an unauthorized manner; or (B) Tampering with the equipment furnished and owned by the utility; (8) A misrepresentation to the utility by the applicant relevant to the conditions under which the applicant may obtain utility service; (9)(A) The applicant has not provided acceptable evidence of identity. (B) Acceptable evidence includes the following: (i) Driver’s license or state ID card; (ii) Military ID; (iii) ID from place of employment; (iv) Social Security card; (v) Current student ID; (vi) Passport; (vii) Birth certificate; and (viii) Any other evidence that would establish identity. (C) If a utility reasonably believes that the evidence offered is unreliable, it may: (i) Refuse to accept it; and (ii) Seek additional evidence from the applicant; (10) The applicant is not in compliance with all state and/or municipal regulations governing the service applied for; (11) The applicant is not in compliance with the utility’s tariffs which have been approved by the Arkansas Public Service Commission; (12) The service applied for is of such character that it is likely to unfavorably affect the service to other customers; (13) The connection of utility service to the applicant’s equipment would create a hazard; (14) The applicant is causing or threatening injury to a utility employee or an employee’s family to retaliate for or prevent an act the utility performs in the course of business; (15) The applicant is causing or threatening damage to utility property; or (16) An applicant for a party line had party-line service disconnected within the previous twelve (12) months because of unreasonable, unlawful, or abusive use of that service. (b) Notice to applicant. (1) If a utility refuses to serve an applicant, it shall give an explanation in writing to the applicant within seven (7) business days. (2) The explanation shall include the following: (A) The reason for refusing service, including the applicable Arkansas Public Service Commission rule; (B) The conditions, if any, under which service would be provided; and (C) The applicant’s right to complain to the Arkansas Public Service Commission, including the local and toll-free telephone numbers and mailing and street address of the Arkansas Public Service Commission.