Stop illegal utility shutoffs!

An open letter to Council Member Don Samuels, Public Safety and Regulatory Services, chair; all City Council members; and Mayor Rybak

BY ED FELIEN

Xcel Energy shut off the electricity to my building Thursday, Jan. 22, 2009.  They notified the bill payer, but they did not notify me (an upstairs tenant) or post the building with shutoff notices.

It is my understanding they are required to notify all tenants of a shutoff that would affect their service and give any or all of them the opportunity to pay the bill.  According to the Minneapolis Code of Ordinances: 244.590: “Discontinuance of required services. Utility companies supplying service through a single meter to equipment or facilities that are required by the housing maintenance code shall post, on or near the front and rear entrances of a multiple dwelling or duplex containing such equipment or facilities, a notice of delinquency in payment of utility bills after the utility bills are sixty (60) days in arrears, or a notice of intent to discontinue such service for failure to pay utility bills not less than fifteen (15) calendar days prior to the actual discontinuance of the service. Said notice shall inform tenants of their right to make rent payments directly to the utility company.”
244.591: “After a utility company has posted either notice described above, the tenants in the building may pay any rents owing to the owner or operator of the building directly to the utility company. The utility company shall make available to any requesting tenant or tenant’s representative the utility account of the multiple dwelling or duplex housing which has been posted pursuant to this article. Any such payment shall be considered a reduction of rent owed by the tenant and a reduction of the utility bill owed by the owner or operator of the building.

A utility company shall not discontinue service if it has received payments from the tenants sufficient to: (1) Cover one hundred (100) per cent of the current bill and one-third ( 1/3) of the past-due bill within thirty (30) days after posting the original notice. (2) Cover one hundred (100) percent of the current bill and two-thirds (2/3) of the past-due bill within sixty (60) days after posting the original notice.
(3) Cover one hundred (100) per cent of the current bill and one hundred (100) per cent of the past-due bill within ninety (90) days after posting the original notice.”

What would be the best way to insure that Xcel comply with the lawful ordinances of the City of Minneapolis?  Would you consider contacting their legal department?  Would you consider authoring a resolution to remind Xcel, Centerpoint and the Minneapolis Water Department of their responsibilities to tenants under this ordinance? Further, it is my understanding that the City of Minneapolis is having financial problems with a decrease in revenue and an increase in costs.

Unfortunately the Franchise Fee for Xcel Energy is not renewable until 2014, however, it would be appropriate to amend this ordinance to fine a utility for violating this ordinance.  Five hundred dollars ($500) seems about right.  Currently, it seems they do not take the ordinance seriously because it has no provisions to force them to take it seriously.  The Minneapolis City Council and the Mayor can correct that.