Page:United States Statutes at Large Volume 92 Part 3.djvu/519

 PUBLIC LAW 95-617—NOV. 9, 1978

92 STAT. 3151

purposes of this title supplement State law. Nothing in this subsection prohibits any State regulatory authority or nonregulated utility from making any determination that it is not appropriate to implement any such standard, pursuant to its authority under otherwise applicable State law. (b) ESTABLISHMENT.—The following Federal standards are hereby Federal established: standards. (1) PROCEDURES FOR TERMINATION or NATURAL GAS SERVICE.—No

gas utility may terminate natural gas service to any gas consumer except pursuant to procedures described in section 304(a). (2) ADVERTISING.—No gas utility may recover from any person other than the shareholders (or other owners) of such utility any direct or indirect expenditure by such utility for promotional or political advertising as defined in section 304(b). (c) PROCEDURAL REQUIREMENTS.—Each State regulatory authority (with respect to each gas utility for which it has ratemaking authority) and each nonregulated gas utility, within the 2-year period specified in subsection (a), shall adopt, pursuant to subsection (a), each of the standards established by subsection (b) or, with respect to any such standard which is not adopted, such authority or nonregulated gas utility shall state in writing that it has determined not to adopt such standard, together with the reasons for such determination. Such statement of reasons shall be available to the public. SEC. 304. SPECIAL RULES FOR STANDARDS. (a) PROCEDURES FOR TERMINATION OF GAS SERVICE.—The

15 USC 3204.

procedures for termination of service referred to in section 303(b)(1) are procedures prescribed by the State regulatory authority (with respect to gas utilities for which it has ratemaking authority) or the nonregulated gas utility which provide that— (1) no gas service to a gas consumer may be terminated unless reasonable prior notice (including notice of rights and remedies) is given to such consumer and such consumer has a reasonable opportunity to dispute the reasons for such termination, and (2) during any period when termination of service to a gas consumer would be especially dangerous to health, as determined • by the State regulatory authority (with respect to each gas utility for which it has ratemaking authority) or nonregulated gas utility, and such consumer establishes that— (A) he is unable to pay for such service in accordance with the requirements of the utility's billing, or (B) he is able to pay for such service but only in installments, such service may not be terminated. Such procedures shall take into account the need to include reasonable provisions for elderly and handicapped consumers. (b) ADVERTISING.—(1) For purposes of this section and section 303— Definitions. (A) The term "advertising" means the commercial use, by a gas utility, of any media, including newspaper, printed matter, radio, and television, in order to transmit a message to a substantial number of members of the public or to such utility's gas consumers. (B) The term "political advertising" means any advertising for the purpose of influencing public opinion with respect to legislative, administrative, or electoral matters, or with respect to any controversial issue of public importance. (C) The term "promotional advertising" means any advertising for the purpose of encouraging any jjerson to select or use the service or additional service of a gas utility or the selection or installa-

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