Home Heating Fuels

Here you will find information on fuel pricing and delivery.

Home Heating Fuels downloadables

• Consumer Law Guide, Chapter 19: Home Heating Fuels (Word)

Heating Fuels

Types of Heating Fuels

This guide addresses oil, firewood, propane, natural gas and electricity, and coal.

Heating Oil

The Attorney General has issued rules pursuant to the Maine Unfair Trade Practices Act that regulate the sale of home heating oil and kerosene. These rules are in effect from October 15 through April 30. The rules, called “Chapter 100, Trade Practices in the Sale of Residential Heating Oil,” are published in the Code of Maine Rules and are available for download on the Maine Secretary of State’s website. The rules use the term “dealer” to refer to the business that is delivering fuel.

If you believe that a dealer has violated these rules, please contact the Consumer Protection Division through our online complaint service; call us Monday – Thursday between 9 AM – 12 noon at 1-800-436-2131 or 207-626-8849; or write a letter addressed to the Consumer Mediation Service, Office of the Attorney General, 6 State House Station, Augusta, ME 04333-0006.

Delivery Rights If You Owe the Dealer Money

A dealer cannot refuse to deliver to you even if you owe them money, provided these three conditions are met:

1. You have cash or government guaranteed payment to pay for the oil you are requesting;
2. The dealer regularly serves your area; and
3. You request at least 20 gallons.

This does not mean that the dealer must drop everything and make an unscheduled, immediate delivery to you. Instead, it means that a dealer must deliver to you on the next scheduled trip to your area. If you order less than 50% of your tank’s storage capacity, or 100 gallons, whichever is less, the dealer can impose a delivery surcharge of up to $20 for a scheduled delivery. If you have the standard 275-gallon oil tank, then you must order at least 100 gallons to avoid a surcharge.

If the dealer agrees to make an unscheduled delivery, the dealer has the right to charge you its extra costs. Before this surcharge is imposed, the dealer must tell you:

1. Approximately how much the extra charge will be;
2. The reason for the extra charge; and
3. When the dealer will make the next regularly scheduled delivery to your area.

This surcharge cannot exceed the actual cost incurred by making an unscheduled delivery. No other surcharge is permitted. If you call for immediate delivery on a day the dealer plans to be in your area anyway, the dealer cannot charge you for an unscheduled delivery.

If you are requesting an unscheduled delivery, then the dealer can impose a minimum delivery requirement. However, if you are an established customer and the dealer regularly provides emergency services or unscheduled deliveries to established customers without imposing a surcharge or a minimum delivery requirement, then you must receive the same treatment.

Established Customers

You can become an established customer of any oil dealer serving your area by making your next two oil purchases from that dealer. Once you are an established customer, you must receive the same service as other established customers. For example, if the dealer offers its established customers emergency services without a minimum delivery requirement, all established customers must receive that treatment.

Pricing

A dealer may not charge any customer a price higher than the dealer’s current market price that it advertises to its customers. A dealer can offer customers discounted prices. When a dealer quotes a price and a customer places an order, the dealer must deliver at the quoted price unless the dealer has specifically stated to the customer that the price is determined on the day of actual delivery and it may be higher or lower than the quoted price.

Credit

Some dealers may offer to deliver to a customer on credit, in which case they must comply with all federal and state laws regarding credit discrimination. If a dealer offers to deliver to customers on credit but denies a particular customer’s request for credit, the dealer must inform the customer of the denial in writing. A customer can request the reason for the denial in writing, in which case the dealer must provide it. If a customer was approved for credit, but the dealer terminates or alters the terms of the customer’s credit, the dealer must provide 5 days’ prior notice along with a reason for the termination or alteration.

If you need oil during this 5-day notice period and want to buy it on credit, the dealer has to sell you only enough oil on credit to last you through the remainder of the 5-day period. Even if you lose your credit, you can still be a cash customer.

Heating Oil Tips

1. Watch the fuel level on your tank and call a reasonable time in advance to request delivery. Avoid costly emergency deliveries.
2. Compare prices. When you get a price quote from an oil dealer, ask whether the price quoted “today” will still be the price you pay when your oil is delivered.
3. Labor is expensive! Before calling your oil dealer for service, check the following things:
   1. Check your thermostat setting. Make sure it’s not clogged with dust! (If you have a clock thermostat, make sure it’s set correctly.)
   2. Make sure all electrical switches are “ON.”
   3. Check your fuse box or electrical panel for blown fuses or tripped circuit breakers.
   4. If you have a steam heat system, check the boiler water level. If the water on the boiler gauge glass is low, open the water feed line valve until the correct level is reached. Close the water valve tightly.
4. Don’t let your furnace run dry. This could cause damage to your furnace that would be expensive to repair.

LP Gas (Propane)

The Attorney General’s oil rules discussed above do not apply to propane. However, the Maine Unfair Trade Practices Act does. As a result, many of the things prohibited by the rules may apply to propane dealers through the Maine Unfair Trade Practices Act.

Most residential propane customers do not own their tanks. If you do own your tanks, you are free to shop for the best price and service. If you do not own your tanks, then the propane dealer may require you to receive all deliveries of propane from them. Maine law prohibits a propane dealer from filling a tank they do not own.[i] However, if the dealer that owns your tank is refusing to deliver propane to you or is trying to impose previously undisclosed or unfair terms on you—such as an excessive price—before it will make a delivery, you should contact the Consumer Protection Division of the Attorney General’s Office, especially if you are low on fuel or out of fuel.

If you have a contract for automatic deliveries and your propane company has failed to deliver and as a result, you are out of fuel or low on fuel, you should not be required to be any fee or charge for an emergency delivery.

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[i] 10 M.R.S.A. § 1658-A.

Firewood

Many Mainers rely on firewood as a heating fuel. Because of this, many people are offering to sell firewood. The Attorney General’s Office regularly receives complaints about firewood sales. Maine law does provide some specific consumer protections with respect to firewood sales.

Maine law prohibits the use of confusing terms in the sale of firewood such as “rack,” “pile” and “truckload” since such terms are undefined and subject to various meanings. Maine law does provide two definitions of a cord: one for a standard or stacked cord, the other for a loose or thrown cord.

Standard Cord

A standard or stacked cord[i] is a measure of wood, bark and air: 4 feet wide, 4 feet high and 8 feet long, or its equivalent, containing 128 cubic feet when the wood is ranked and well stowed. “Ranked and well stowed” means that pieces of wood are placed in a row, with individual pieces touching and parallel to each other, and stacked in a compact manner. Any voids that will accommodate a stick, log or bolt of average dimensions to those in that pile must be deducted from the measured volume.

Loose or Thrown Cord

Maine law also defines a loose or thrown cord[ii] as: “Fuel wood, when sold loose and not ranked and well stowed, shall be sold by the cubic foot or loose cord, unless other arrangements are made between the buyer and seller. When sold by the loose cord, the wood in any cord shall average 12 inches, 16 inches, or 24 inches in length. When so sold, the volume of the cord shall be: a cord of wood 12 to 16 inches in length shall mean the amount of wood, bark and air contained in a space of 180 cubic feet; and a cord of wood 24 inches in length shall mean the amount of wood, bark and air contained in a space of 195 cubic feet.”

Firewood dealers usually deliver loose thrown cords. The volume of a loose thrown cord can best be measured in a container, i.e., a truck.

Written Receipts

Maine law requires sellers to provide a delivery ticket for any sale of firewood.[iii] The receipt must include:

1. The buyer’s and seller’s names and addresses;
2. The date delivered;
3. The quantity of wood delivered (and quantity upon which the price is determined if different from the amount delivered);
4. The price;
5. A description of the wood (e.g., 50% red oak, rest mixed hardwood); and
6. A statement of quality (e.g., dry or seasoned).

Insist that the seller provide a delivery ticket. In case a dispute arises, it may be valuable evidence of what was promised.

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[i] 10 M.R.S.A. §2302(1)(A).

[ii] 10 M.R.S.A. § 2302(1)(A-2).

[iii] 10 M.R.S.A. § 2624.

Natural Gas and Electricity

The Maine Public Utilities Commission (PUC) regulates utilities that provide electricity or natural gas. The PUC’s mission is to balance access to safe and reliable utility services with rates that are just and reasonable for customers and public utilities, while minimizing energy costs and greenhouse gas emissions.

Payments

Pay your bill as soon as you can. If you pay after the “due date” on the bill, you may be charged a late fee. If you pay by mail, your bill is considered paid on the day the company receives your payment. If you pay in person, your bill is considered paid on the day you pay it.

Payment Plans

If you can’t pay your bill in full, ask the utility for a payment plan. This payment plan must consider your ability to pay and your previous payment history. Most plans require you to pay weekly or monthly installment payments plus future bills within 30 days of the postmark. If you break a payment plan, the utility can send you a 3-day disconnect notice which requires you to pay your overdue amount in full. Utilities may renegotiate a plan if you have a good reason for wanting the plan changed.

Low Income Help

Electric and natural gas companies must offer low-income customers special payment plans to spread out payment of winter bills. These special payment plans may allow low-income customers to pay less than their current month’s bill during the winter; those customers then pay the outstanding portion of their winter bills during the summer by the following November 1st.

Low-income customers may be able to get help paying their bills. Utilities should refer you to the right agency in your community.

Telephone companies might offer special reductions on your monthly bill if you qualify for one or more of these programs: Food Stamps, Medicaid, AFDC, TANF, Supplemental Social Security (SSI or gold check) or Fuel Assistance (LIHEAP).

Disconnection

The utility may disconnect your service if you fail to pay a deposit or a bill, fail to keep a written payment plan, tamper with your meter, or somehow obtain service without paying for it.

The company will usually give you a 14-day disconnection notice, but it may give you as little as 3 days’ notice in certain cases. No notice will be given if the disconnection is because of a dangerous condition or the customer has stolen service. Disconnection cannot happen on a Friday, a weekend, a legal holiday, the day before a holiday, or any day the office is closed.

Winter disconnections are illegal unless they have been approved in advance by the PUC’s Consumer Assistance Division (CAD). If you receive a disconnect notice from a utility (electric, water, natural gas), contact CAD by calling 1-800-452-4699, Monday through Friday, 9:00am to 4:00pm or by submitting a complaint online.

Medical Emergencies

Even if you have an overdue bill, you have a right to service if you or a member of your household is seriously ill. Ask your doctor to call the utility or call yourself if you can’t reach a doctor right away. The utility may require a letter from your doctor. The utility will not disconnect for up to 30 days, with renewal up to 90 days. Your bill will still be owed.

Landlord/Tenant

A utility cannot automatically disconnect tenants at the request of the landlord or if the landlord fails to pay a bill in the landlord’s name. The utility must first give tenants an opportunity to assume responsibility for future service. The utility cannot require tenants to pay the landlord’s overdue bill.[i] Any tenant assuming responsibility for future service, and paying the utility, may deduct the amount paid from any amount due the landlord.[ii]

Consumer Complaints

The Consumer Assistance Division (CAD) of the PUC assists customers in resolving their complaints with utilities. Before you contact CAD for assistance, you must contact the utility and give the utility a chance to resolve the problem. Call the utility at the telephone number listed on the bill or disconnection notice. The utility is required by law to work with you to try to resolve the problem. If necessary, ask to speak with a manager or supervisor.

The utility should investigate your complaint and contact you regarding the results of their investigation within a reasonable time. The utility should try in good faith to settle your dispute. For example, if you cannot pay your bill in full, the utility should consider a payment plan arrangement.

If the utility response does not satisfy you, contact CAD by calling by calling 1-800-452-4699, Monday through Friday, 9:00am to 4:00pm. If you have received a disconnect notice, be sure contact CAD before the disconnection date stated on your notice.

The Consumer Assistance Division receives many calls so you may not be able to get through right away, but keep trying. You may also hear a message when you call asking that you leave your name and phone number. Please do that and CAD will get back to you as soon as possible. You can also file a complaint online.

Consumer Rights While Complaint Is Pending

A utility cannot disconnect your service while a complaint is being investigated by CAD. However, if you have a complaint regarding payment but it concerns only part of your bill, you remain responsible for paying that portion of your bill which is not in dispute. If you do not pay or make an arrangement on the undisputed amounts, the utility may continue to collect or even disconnect your service once it has given proper notice.

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[i] 14 M.R.S.A. § 6024-A, 35-A M.R.S.A. §§ 704-706.

[ii] 14 M.R.S.A. § 6024-A; 35-A M.R.S.A. §§ 704-706.

Coal

Delivery Tickets Required

The same law that requires dealers to give you a receipt for bulk delivery of wood also applies to bulk delivery of coal. Whenever the dealer delivers coal in an unpackaged form in which the dealer determines and represents the quantity, the dealer must give you a delivery ticket stating your name and address, the dealer’s name and address, the date delivered, the quantity delivered, and the price and a description of the type of coal sold. Because the quality of coal is so important to the successful operation of your stove, shop for your supply carefully.

Coal Buyer’s Tips

1. Buy from established, reputable dealers.
2. Ask about the ash content of the coal: 8-12% is acceptable, over 12% is not. Avoid it. Lower ash content means better combustion.
3. Buy a small amount of coal (200 pounds or so) and try it. If it’s good, order more.
4. Buy early.