NJ Utility Board Probes Woman’s Death After PSEG Shuts Off Power

NEWARK, NJ — As the Newark community mourns the loss of Linda Daniels, a 68-year-old woman with medical conditions who died after PSE&G shut off the power to her home in the midst of a heat wave, many still have questions about the series of events that led to her passing.

That list includes the New Jersey Board of Public Utilities (BPU), which officially launched an investigation into Daniels' death earlier this week.

A BPU spokesperson was conservative with details about the investigation when contacted Wednesday. He provided the following statement to Patch:

“BPU is investigating the circumstances surrounding the tragic death of Linda Daniels at her home in Newark. As part of our investigation we are in the process of gathering all appropriate information in order to determine how this could have occurred.”

It happened on July 5, one of the hottest days of the year so far in New Jersey.

Daniels – who relied on an oxygen tank – was in her Shephard Avenue home in Newark for hours after her tank and air-conditioning stopped working about 10 a.m., according to NJ.com. She died at 4:23 p.m. of heart failure, her family said.

The family was putting ice on her and fanning Linda Daniels to try to make it cool, but they couldn't pump the oxygen because there was no electricity, the family told News12.

She had an overdue balance that exceeded $100, reports said.

• See related article: Newark Woman Dies After PSE&G Shuts Off Her Power, Family Says

Daniels' family members have alleged that a PSE&G representative was told about her condition about a month before she died. But PSE&G said that its workers tried to contact the deceased woman several times about the overdue bill and potential shut off, and that they were never told about her medical needs.

PSE&G spokesperson Karen Johnson told Patch that service to the residence was disconnected because of the lack of payments over several months.

"As part of our policy, PSE&G had notified this customer numerous times that their account was in arrears and that they would be scheduled for a service termination unless the account was made current," she said. "Unfortunately, because there was no response from the customer, the customer was shut off."

PSE&G would have made accommodations had the company known about the woman's medical condition, Johnson said.

"PSE&G carefully follows state procedures for customers with special circumstances that are taken into consideration when service termination decisions are being made," she said. "After the disconnection occurred and we were notified that the customer had medical issues, we began the process to reconnect the service.”

On Wednesday, Johnson said that in addition to PSE&G’s “careful review of everything that happened,” the company is cooperating fully with the BPU investigation.

She declined to offer further comment about the investigation or PSE&G’s ongoing review.

However, on Friday, PSE&G announced that it hired Ted Wells and the law firm of Paul, Weiss, Rifkind, Wharton & Garrison LLP, to conduct an independent investigation of the facts surrounding the company’s actions.

“The tragic loss of Linda Daniels has left everyone at PSE&G with a heavy heart,” said Dave Daly, PSE&G’s president and chief operating officer. “We again extend our sincere condolences to her family. Our priority now is to understand exactly what happened. We are confident that Ted Wells’ review will provide us with an objective review of the facts surrounding this tragic event.”

In the wake of Daniels' death, State Senator Brian Stack (District 33) pointed out that he’d sponsored a bill just months before the tragic incident took place that would require public utilities to notify certain officials of discontinuances in electric, gas or water service.

The bill, S-2477, was introduced on April 12 and referred to the Senate Economic Growth Committee. If it becomes law, it would force public utility providers to notify the mayor, chief law enforcement office and health officer – in writing – at least 21 days before a non-emergency shut off.

Hopefully, this would give municipal officials time to “intervene” if needed, Stack said.

“I have pleaded with PSE&G for over 20 years to change their policies and work with municipalities to prevent unnecessary shut offs,” Stack said. “Residents, especially the most vulnerable, must be protected to ensure that tragedies like this do not continue to occur. My heart goes out to Linda Daniels' family, who watched her needlessly suffer.”

‘SHE WAS GASPING UNTIL THE TIME SHE DIED’

The 68-year-old had allegedly been in hospice care with congestive heart failure since the middle of April, and her family said she was in good spirits but relied on her oxygen tank to breathe.

"She was trying to catch her breath - she was gasping for air," her granddaughter, Mia, 28, told NJ.com. "She suffered and she passed right in front of us. She was gasping until the time she died."

Daniels' daughter, Desiree Washington, said family members called PSE&G throughout the day, pleading with them to turn the power back on. "She had just paid $500 two days before," Desiree told NJ.com. "And she's a senior. We asked them, 'Why are you turning off her electric at the pole?'"

NEW JERSEY LAW: WHEN CAN POWER BE SHUT OFF?

When asked about the current state law in situations such as the one Daniels faced - can utilities shut off the power for customers with life-threatening medical conditions? – a BPU spokesperson referred Patch to New Jersey Administrative Code 14:3-3A.

NJ.com offered a summary of the state regulations for utility shut offs (which can be seen in full here). Those rules include:

• Utilities have the ability to cut services for nonpayment of a bill that is more than $100 and/or more than three months behind.
• However, utilities can’t shut off service for nonpayment if there’s a “medical emergency.” Electric and gas utilities can’t shut off service for nonpayment if temperatures are forecast to be 32 degrees or below.
• Utilities should send a "notice of discontinuance" in writing by first class mail, giving the customer another 10 days to pay the past due bill (the company can request an exemption from the BPU).
• Utilities should make a "good faith effort" to identify customers 65 years old or older and notify those residents by phone of any planned service shut off. Utilities should also gather information twice a year from customers to determine whether any life-sustaining equipment is in the home.

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With previous reporting by Tom Davis

Photo: YouTube / Eyewitness News ABC7NY