Section 117. Consumer deposits  


Latest version.
  • Except as the right to require deposits is
      further  limited  by  section  thirty-six  of  this   chapter,   a   gas
      corporation,  an electric corporation, a gas and electric corporation, a
      water corporation, a  steam  corporation,  a  telegraph  corporation,  a
      telephone  corporation  or  a  municipality rendering equivalent utility
      services may, unless prohibited by the commission, require any person to
      whom such corporation or municipality shall supply gas, electric, water,
      steam, telegraph or telephone services to deposit a  reasonable  sum  of
      money  according to the estimated quantity of such services necessary to
      supply the same for two calendar months,  to  secure  payment  for  such
      services  actually  rendered, or for the rental of fixtures, instruments
      and  facilities  actually  supplied,  but  every  such  corporation  and
      municipality  shall allow to every such depositor interest at a rate per
      annum to be prescribed from time to time,  at  least  annually,  by  the
      commission  in  the  light  of  current  economic conditions and current
      charges  paid  for  other  moneys  borrowed  by  such   corporation   or
      municipality,   and   the  expenses  incurred  by  such  corporation  or
      municipality in obtaining, handling and returning or crediting  the  sum
      deposited,  on  the sum or sums so deposited, payable upon the return of
      the deposit or at earlier intervals as hereinafter prescribed.  Whenever
      such  deposit  has  been  held  for  a  period of one year, the interest
      accrued on such deposit shall be credited to the depositor on the  first
      billing for utility service rendered after the next succeeding first day
      of  October.  If  the depositor was not delinquent in the payment of any
      bill in such one year period, the deposit shall be refunded promptly  at
      the end thereof, but without prejudice to the right to require a deposit
      thereafter  in  the event of a delinquency or where it can be shown that
      the financial condition of a business customer is such that it is likely
      that the customer may default in the future, and to retain such  deposit
      for  a  prudent  period;  except that subject to such regulations as the
      commission may establish, if the deposit is for utility service rendered
      to a business, the deposit may be retained for a prudent  period  beyond
      such a one year period. No provider of utility services shall require of
      its  customer  within its service area a new security deposit where such
      customer was not required to post a security deposit or had  a  security
      deposit  returned pursuant to this section and such customer establishes
      a new residence and continues service with the same provider of  utility
      services.