Minnesota Valley, AG Ellison settle disconnection lawsuit

MONTEVIDEO — Minnesota Valley Cooperative Light and Power Association has agreed to better inform its customers of their rights and to forgive the remaining amount owed by a customer who relies on electricity for a life-sustaining medical device, according to information from Minnesota Attorney General Keith Ellison.

The Attorney General’s Office reached a settlement on Sept. 9 with Minnesota Valley in the civil lawsuit the office originally brought against the cooperative after it discontinued electrical service to a now 70-year-old man in Yellow Medicine County, according to a news release from the Attorney General’s Office.

The attorney general had won a temporary restraining order in May requiring Minnesota Valley to restore electrical service to the customer who relies on an insulin pump.

Subsequently, Ellison broadened the scope of the lawsuit against the cooperative to encompass other alleged deceptive and unfair practices by Minnesota Valley. It alleged that Minnesota Valley failed to properly notify its customers of protections available to them by law, and failed to offer appropriate payment plans to customers whose accounts were in arrears.

Minnesota Valley agreed to institute changes within the cooperative that will better inform its customers of their rights, according to the news release.

Minnesota Valley has agreed to provide separate and distinct notices to individuals regarding potential disconnection. It has also agreed to provide additional information and resources via its website, to stop using energy assistance as a hurdle to customers entering into a payment plan, to offer written payment plans, and to maintain records enabling oversight by the attorney general.

Minnesota Valley also agreed to amend the customer’s payment agreement and forgive all amounts he owed.

In its civil complaint, the Attorney General’s Office said the customer had contacted its office on May 7 stating the cooperative intended to disconnect his service. An employee with the cooperative “indicated the resident could not use medically necessary equipment as an ‘excuse’ to avoid utility disconnection over unpaid balances,” stated the office in a news release.

In court filings, the Attorney General’s Office said it notified the cooperative that there are statutory protections requiring that utilities offer payment agreements that consider a customer’s financial circumstances and any extenuating circumstances of the household, such as medical equipment or medical necessity.

The cooperative employee responded: “Well, we’re well aware because he has been using that for like the last four years, that’s his reason that he can’t pay his bill, and we can’t turn him off. So … sometimes you just get to the point where enough is enough and he’s gonna have to make alternative arrangements,” stated the court filing from the attorney general.

In its amended complaint, the Attorney General’s Office stated that the customer paid $800 on the account on May 12 and that $440 was still owed to satisfy it.

“I’m pleased that Minnesota Valley has finally made the right decision,” said Attorney General Ellison in the news release. “Minnesota Valley’s initial disconnection was as cruel as it was unlawful, which is why my office took emergency action to protect C.W.’s health and uphold state law. This resolution will help ensure a similar disconnection does not happen again, and that people know what options and consumer protection measures are available to them under Minnesota law.”

Minnesota law requires energy providers to “reconnect or continue service to a customer’s residence … where medical equipment requiring electricity necessary to sustain life is in use,” as long as the electrical provider receives notice from a medical professional that such equipment is necessary to sustain their life. Minnesota law also requires utilities and cooperatives to offer payment plans that consider the individual circumstances of the household.

Ellison encouraged consumers who have problems with their utilities to contact his office with their concerns.

Consumers can file a complaint with the Attorney General’s Office via its online complaint form linked on the home page of the office website at ag.state.mn.us. Minnesotans can also contact the office by phone at 651-296-3353 from within the Twin Cities or 800-657-3787 from Greater Minnesota.

The cooperative disconnected electrical and propane service to the man’s rural house on May 13. It acted one day after the Attorney General’s Office provided the utility with a medical certification from an advanced practice registered nurse.

The Attorney General’s Office said the cooperative repeatedly refused its requests to restore service prior to a judge’s order issued May 15. The resident was behind on payments to the utility by thousands of dollars, according to court filings.