Heat Shut-Offs

Note: the information in this fact sheet is for people who pay directly to the gas or electric company for their heat. If you pay a landlord separately or if you pay on a shared meter, see our fact sheet Shared Utility Meters. 

If you don't pay your utility bills, your service can be shut-off. This can happen even in the middle of winter. But, between October 1 and April 30 you get extra protection from being shut-off. This fact sheet applies to gas and electric service if they are needed for heat. The rules cover private utility companies. There are similar rules for co-ops and municipal utilities. These rules do not apply to fuel oil, coal, and wood dealers.

You also have some legal protection against shutoffs of your electricity if you have medical equipment in the home that has to be plugged in. This might be something like a nebulizer for asthma or a CPAP for sleep apnea. You need to get a letter from a doctor, or have the doctor fill out a form. You need to get a new letter or form every year. You are protected from shut-off of your electricity if you make and keep a payment plan. The plan must make sense with your income. Some utilities, like Xcel, have discount programs for people with medical equipment in the home.

If you think the utility made a mistake on your bill, tell them right away. The utility must:

• Check the facts right away
• Tell you how they checked and what they found and
• Try to find a way to work with you to fix the problem

They can't shut you off until they investigate and tell you what they found out in writing. 

If you can’t pay your whole gas or electric bill between October 1st and the next April 30th, ask about a payment plan. A utility company can’t shut off your service if you make and keep a payment plan. When you talk to them about a plan, make notes of who you talked to and what they said. Write them a letter saying what the plan is. Keep a copy. A publicly regulated utility (like Xcel or CenterPoint) can’t make you pay more than 10% of your income during the cold weather season.

If you have already been shut-off in the cold weather season, the utility company must make a reasonable effort to turn your service back on within 24 hours of accepting your payment plan.

But the cold weather law only protects you from a shut-off if shutting off electricity or gas affects your heat. The cold weather law does not apply if your heat is included in your rent, like in some large apartment buildings.

With any utility provider, you can set up a payment plan.

Payment Plan
You can make a plan with the gas and electric company for the entire cold weather period to pay a set amount each month. This amount can be less than the full bill. The amount must make sense with what your income is. You won’t be shut off if you make all the payments. Call the utility if you can’t make the payments you agreed to and try to make a new plan. 

With any publicly regulated utility provider (like Xcel or CenterPoint), your service is protected if you pay 10% of your monthly income toward your bill. Energy Assistance doesn’t count as income. If you have gas from one company and electricity from another, the 10% gets divided between the two.

Municipal and co-op utilities have tools called “service limiters” that limit the amount of gas or electricity you get. During the cold weather period, a utility MUST follow the rules:

• they have to give you notice that they plan to put on a service limiter
• they have to offer you a payment plan that takes your income into account.

If they do not follow the rules, they have violated the law. Call your legal aid office at 1-(877) 696-6529 or the Public Utilities Commission (PUC) at (651) 296-0406 or 1-(800) 657-3782.

If the utility won’t make a fair payment plan, you can appeal to the PUC. Do it fast – the timelines are short. Call your legal aid office at 1-(877) 696-6529 for help.

To appeal:

• Ask the utility company for an appeal form. If they won’t give you one, call the PUC and get one (see below). Fill out the form and send it to the PUC. You must get the form to the PUC within 7 days of the date you got the shut-off notice.
   
• The PUC will set up a payment plan within 30 days. You can't be shut-off during the appeal.

If something happens and you do not have the money to make the payments on your plan, contact the utility right away to change the plan. If the utility won’t agree to a change, appeal to the PUC right away to avoid a shut-off.

You can reach the PUC at: 
Minnesota PUC
121 7th Place East, Suite 350
St. Paul, MN 55101

(651) 296-0406 or 1-(800) 657-3782

• Minn. Stat. § 216B.096 - Cold weather rule; Public utility
   
• Minn. Stat. § 216B.097 - Cold weather rule; Cooperative or municipal utility
   
• Minn. Stat. § 216B.098 - Residential customer protections