Utilities warn doctors about shut-off rules

 

Aug 6 - Knight Ridder/Tribune Business News - David DeKok The Patriot-News, Harrisburg, Pa.

Two midstate utilities are warning doctors that they might be hauled before a hearing to justify signing forms that allow their patients to avoid having gas or electric service shut off.

Both UGI Corp. and FirstEnergy Corp. inform doctors up front that they could be called as witnesses at state Public Utility Commission hearings if they sign the forms. The forms allow utility customers behind in their payments to keep service because of a medical condition.

UGI provides natural-gas service to much of the Harrisburg region. FirstEnergy serves York and Lebanon counties and part of Cumberland County through its Metropolitan Edison and Pennsylvania Electric Co. subsidiaries.

PPL Corp., which provides electricity to much of Dauphin, Cumberland and Perry counties, does not have a similar warning on its form.

"I could certainly see where that could give some doctors pause," state Consumer Advocate Irwin Popowsky said. "Hopefully, it would not prevent you from getting the form signed. I'm not aware of any doctors being called as witnesses."

The warnings may be largely empty threats. Mitch Miller, director of the PUC's Bureau of Consumer Services, could not recall any doctor being subpoenaed to justify an emergency medical certificate in the past 20 years.

UGI spokeswoman Deborah Leuffen said the utility, historically, has not challenged doctors who provide the forms. She said the language isn't an attempt to intimidate doctors, but only an effort to give them "full and honest" information about the process.

"UGI has been and continues to honor emergency medical certificates to stop shut-offs or restore service to customers who are seriously ill," Leuffen said. "In fact, year to date the number of medical certifications we have received is nearly double the number from the same period in 2004."

The issue is sensitive because of the new utility law, known as Chapter 14, which makes it easier for utilities to disconnect customers who fall behind in payments.

Scott Surgeoner, a spokesman for FirstEnergy Corp., defended the warning to doctors on the company's form.

"This is a specific program for specific customers who have life-threatening illnesses," he said. "The law is very specific about the types of illness that require us not to terminate service. [The warning] is very appropriate for this program."

The PUC has given wide latitude to doctors to determine whether their patients are "seriously ill" and have a medical condition that would be "aggravated" by a service shut-off, the standard in both the old and new laws.

One change in the new law allows nurse-practitioners to sign an emergency medical certification form if no physician is available.

Michael Love, director of the Energy Association of Pennsylvania, said the change was made to better serve rural areas without many doctors. The association is the lobbying arm of the utility industry and a strong proponent of the new law.