New rules in works for utility cutoffs

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"I'm pretty slow to tell businesses what they can and can't do," said Sen. Verne Smith, R-Greer. "But when it comes to life-threatening actions, we've got to act. I'm definitely planning to work on a piece of legislation that will help protect our people."

Sen. Ralph Anderson, D-Greenville, said the Upstate's legislative delegation will study other states' regulatory laws and meet with utility interests in the coming weeks to draft "passable" legislation that would spell out when and how utilities can cut heat in the winter months.

Duke Power disconnected Elizabeth Verdin's electricity two weeks ago for non-payment, according to a police report. The power had been disconnected for six days before she succumbed to hypothermia Dec. 11, according to the report.

Greenville Police found the 89-year-old widow on her living room floor two days later when friends who couldn't contact her began to worry.

Greenville City Councilman Garry Coulter said Friday that he will insist on a provision in the city's franchise agreement with Duke Power that would prevent them from cutting power for any customer over age 65. The three-year agreement is up for renewal by summer.

Upstate senators said they'd have something to debate when the Legislature convenes next month.

"This may be a rallying point. It's bad that you have to have death to have a rallying point, but we're going to do something," Anderson said. "We need to create the atmosphere that we're going to do something," he said. "I think we'll sit down and talk (with the utility companies). We'll have to pass something with or without them."

Duke Power and the Public Service Commission say that the company followed all proper procedures in disconnecting Verdin's power — sending a certified letter, providing literature on opportunities to defer payment, knocking on her door and hanging a notice of disconnection on the door knob.

However, Smith said, "saying they did everything the law requires and more does not excuse Duke, because their customer died."

Duke has suspended power disconnections to all 2 million of its customers in the Carolinas until it completes an internal review of its policies, which will include research on the disconnection practices of other utilities nationwide, Duke spokesman Tim Pettit said.

The review should take no more than a couple of weeks, Pettit said, and he didn't anticipate any significant problems that might arise as a result of the disconnection moratorium.

The company is taking Verdin's death and its wide-ranging effects very seriously and is not resting on the status quo, Pettit said."We're looking at everything," he said.

Duke is open to discussing with lawmakers whatever is necessary to prevent such tragedies, Pettit said. The company, he said, offers many programs and failsafes to protect customers on its own.

Likewise, Piedmont Natural Gas will review its policies and sit down with lawmakers to iron out concerns, company spokesman David Trusty said. Piedmont has no plans right now to follow Duke's lead on suspending disconnections until its review is over, Trusty said.