WARWICK -- The state Public Utilities Commission yesterday decided not to enact an emergency ban on utility shutoffs when outside temperatures exceed 90 degrees.

Instead, the three-member panel voted to go through a public-hearing process to determine whether the commission should institute a permanent rule prohibiting utility providers from shutting off service during extremely hot weather to people delinquent in paying their bills.

"I don't think we have enough evidence to make this decision," Elia Germani, chairman of the PUC, said yesterday during an open meeting. He recommended the hearing process so the regulatory commission has time to collect more information from the utilities on the logistics and impact of a moratorium.

A hearing is expected to be held later this month, according to Steve Frias, executive counsel for the PUC.

The commission was responding to a petition sent last week by the George Wiley Center of Pawtucket, an organization that frequently lobbies for low-income families, asking the PUC to prevent companies from turning off power to people on any day when the temperature goes over 90 degrees during a specified 120-day period.

"Let's learn from California," the petition said, a reference to some 100 deaths associated with the recent heat wave there.

The Wiley Center's petition was supported by Lt. Gov. Charles Fogarty and Governor Carcieri, according to Germani.

Commissioner Mary Bray also advocated for the 120-day emergency ban on shutoffs and has asked electricity supplier National Grid to commit to a voluntary ban on shutoffs. She attempted to get the commissioners to vote on the issue yesterday, but her motion wasn't seconded and didn't get to a vote.

"I don't think we're asking a lot," Bray said. "I think it's a pretty simple request."

The Pascoag Utility District's municipal electric company and the Block Island Power Co. have agreed to a voluntary ban on shutoffs this summer as a result of the center's petition, according to Bray. Although National Grid instituted a voluntary ban on shutoffs during this week's heat wave, the company has not agreed to continue with the policy the rest of the summer.

"To me, that's a real concern," Bray said.

National Grid is considering a voluntary ban on shutoffs in hot weather, but the company said some implementation issues need to be addressed before it can decide, according to a letter to the PUC earlier this week. The company is concerned about what would happen if the temperature in one part of the state is significantly higher than in another, and how the shutoff ban would be enforced if the temperature dropped in the middle of the day.

"We are concerned that anything we might agree to today may become a permanent practice in the future," reads National Grid's letter to the PUC.

The company said it will provide an additional response to the commission by Wednesday.

Germani said the PUC will continue to ask National Grid to stop shutoffs during extremely hot weather and said he is confident they will comply with the request.

"We have the stick," Germani said.

Bray said she didn't share Germani's confidence.

Rhode Island, like many other states, does prohibit utility shutoffs for certain customers, but only during the coldest months of the year. Rhode Island's shutoff moratorium runs from Nov. 1 to April 15, and applies to low-income households, or those with elderly or disabled residents. A customer may be shut off if the delinquent balance rises above $500.

Only Alabama, Arizona, Arkansas, Oklahoma, Texas, Wisconsin and Minnesota have summertime bans on shutoffs, according to the Low Income Home Energy Assistance Program (LIHEAP) Clearinghouse, a branch of the U.S. Department of Health and Human Services.

The hot weather moratoriums generally fall into two categories: those that go into effect when the temperature and heat index reach certain points, and those automatically implemented when the National Weather Service issues a heat advisory.

Last year, the temperature in Rhode Island reached or surpassed 90 degrees a total of 19 days.

tbarmann@projo.com / (401) 277-7369

astape@projo.com / (401) 277-7269