Current through Register Vol. 30, No. 38, September 20, 2024
A. Customer service complaints
1. Each utility shall make a full and prompt
investigation of all service complaints made by its customers, either directly
or through the Commission.
2. The
utility shall respond to the complainant and/or the Commission representative
within five working days as to the status of the utility investigation of the
complaint.
3. The utility shall
notify the complainant and/or the Commission representative of the final
disposition of each. Upon request of the complainant or the Commission
representative, the utility shall report the findings of its investigation in
writing.
4. Each utility shall keep
a record of all written service complaints received which shall contain, at a
minimum, the following data:
a. Name and
address of complainant
b. Date and
nature of the complaint
c.
Disposition of the complaint
d. A
copy of any correspondence between the utility, the customer, and/or the
Commission.
5. This
record shall be maintained for a minimum period of one year and shall be
available for inspection by the Commission.
B. Customer bill disputes
1. Any utility customer who disputes a
portion of a bill rendered for utility service shall pay the undisputed portion
of the bill and notify the utility's designated representative that such unpaid
amount is in dispute prior to the delinquent date of the bill.
2. Upon receipt of the customer notice of
dispute, the utility shall:
a. Notify the
customer within five working days of the receipt of a written dispute
notice.
b. Initiate a prompt
investigation as to the source of the dispute.
c. Withhold disconnection of service until
the investigation is completed and the customer is informed of the
results.
3. Once the
customer has received the results of the utility's investigation, the customer
shall submit payment within five working days to the utility for any disputed
amounts. Failure to make full payment shall be grounds for termination of
service. Prior to termination inform the customer of his right of appeal to the
Commission.
C.
Commission resolution of service and/or bill disputes
1. In the event a customer and utility cannot
resolve a service and/or bill dispute, the customer shall file a written
statement of dissatisfaction with the Commission; by submitting such notice to
the Commission, the customer shall be deemed to have filed an informal
complaint against the utility.
2.
Within 30 days of the receipt of a written statement of customer
dissatisfaction related to a service or bill dispute, a designated
representative of the Commission shall endeavor to resolve the dispute by
correspondence and/or telephone with the utility and the customer. If
resolution of the dispute is not achieved within 20 days of the Commission
representative's initial effort, the Commission shall hold an informal hearing
to arbitrate the resolution of the dispute. The informal hearing shall be
governed by the following rules:
a. Each
party may be represented by legal counsel, if desired.
b. All such informal hearings may be recorded
or held in the presence of a stenographer.
c. All parties will have the opportunity to
present written or oral evidentiary material to support the positions of the
individual parties.
d. All parties
and the Commission's representative shall be given the opportunity for
cross-examination of the various parties.
e. The Commission's representative will
render a written decision to all parties within five working days after the
date of the informal hearing. Such written decision of the arbitrator is not
binding on any of the parties and the parties will still have the right to make
a formal complaint to the Commission.
3. The utility may implement normal
termination procedures if the customer fails to pay all bills rendered during
the resolution of the dispute by the Commission.
D. Notice by utility of responsible officer
or agent
1. Each utility shall file with the
Commission a written statement containing the name, address (business,
residence and post office) and telephone numbers (business and residence) of at
least one officer, agent or employee responsible for the general management of
its operations as a utility in Arizona.
2. Each utility shall give notice, by filing
a written statement with the Commission, of any change in the information
required herein within five days from the date of any such change.
E. Time-frames for processing
applications for Certificates of Convenience and Necessity
1. This rule prescribes time-frames for the
processing of any application for a Certificate of Convenience and Necessity
issued by the Arizona Corporation Commission pursuant to this Article. These
time-frames shall apply to applications filed on or after the effective date of
this rule.
2. Within 30 calendar
days after receipt of an application for a new Certificate of Convenience and
Necessity, or to amend or change the status of any existing Certificate of
Convenience and Necessity, staff shall notify the applicant, in writing, that
the application is either administratively complete or deficient. If the
application is deficient, the notice shall specify all deficiencies.
3. Staff may terminate an application if the
applicant does not remedy all deficiencies within 60 calendar days of the
notice of deficiency.
4. After
receipt of a corrected application, staff shall notify the applicant within 30
calendar days if the corrected application is either administratively complete
or deficient. The time-frame for administrative completeness review shall be
suspended from the time the notice of deficiency is issued until staff
determines that the application is complete.
5. Within 150 days after an application is
deemed administratively complete, the Commission shall approve or reject the
application.
6. For purposes of
A.R.S. §
41-1072 et
seq., the Commission has established the following time-frames:
a. Administrative completeness review
time-frame: 30 calendar days,
b.
Substantive review time-frame: 150 calendar days,
c. Overall time-frame: 180 calendar
days.
7. If an applicant
requests, and is granted, an extension or continuance, the appropriate
time-frames shall be tolled from the date of the request during the duration of
the extension or continuance.
8.
During the substantive review time-frame, the Commission may, upon its own
motion or that of any interested party to the proceeding, request a suspension
of the time- frame rules.
F. Filing of rules and regulations
1. Each utility shall file with the
Commission tariffs which are in compliance with the rules and regulations
promulgated by the Arizona Corporation Commission within 120 days of the
adoption of such rules by the Commission.
2. Any proposed changes to the tariffs on
file with the Commission shall be accompanied by a statement of justification
supporting the proposed change in tariff.
3. Any proposed change to the tariffs on file
with the Commission shall not be effective until reviewed and approved by the
Commission, except as provided for by law.
G. Accounts and records
1. Each utility shall keep general and
auxiliary accounting records reflecting the cost of its properties, operating
income and expense, assets and liabilities, and all other accounting and
statistical data necessary to give complete and authentic information as to its
properties and operations.
2. Each
utility shall maintain its books and records in conformity with the Uniform
Systems of Accounts for Class A, B, C and D Telephone Utilities as adopted and
amended by the Federal Communications Commission or, for telephone
cooperatives, as promulgated by the Rural Electrification
Administration.
3. A utility shall
produce or deliver in this state any or all of its formal accounting records
and related documents requested by the Commission. It may, at its option,
provide verified copies of original records and documents.
4. All utilities shall submit an annual
report to the Commission on a form prescribed by it. The annual report shall be
filed on or before the 15th day of April for the preceding calendar year.
Reports prepared by a certified or licensed public accountant on the utility,
if any, shall accompany the annual report.
5. All utilities shall file with the
Commission a copy of all reports required by the Securities and Exchange
Commission.
6. All utilities shall
file with the Commission a copy of all annual reports required by the Federal
Communications Commission and in addition, for telephone cooperatives, annual
reports required by the Rural Electrification Administration.
H. Maps. All utilities shall file
with the Commission a map or maps clearly setting forth the location and extent
of the area or areas they hold under approved certificates of convenience and
necessity, in accordance with the Cadastral (Rectangular) Survey of the United
States Bureau of Land Management, or by metes and bounds with a starting point
determined by the aforesaid Cadastral Survey.
I. Variations, exemptions of Commission rules
and regulations. Variations or exemptions from the terms and requirements of
any of the rules included herein (Title 14, Chapter 2, Article 5) shall be
considered upon the verified application of an affected party to the Commission
setting forth the circumstances whereby the public interest requires such
variation or exemption from the Commission rules and regulations. Such
application will be subject to the review of the Commission, and any variation
or exemption granted shall require an order of the Commission. In case of
conflict between these rules and regulations and an approved tariff or order of
the Commission, the provisions of the tariff or order shall apply.
J. Prior agreements. The adoption of these
rules by the Commission shall not affect any agreements entered into between
the utility and customers or other parties who, pursuant to such contracts,
arranged for the extension of facilities in a provision of service prior to the
effective date of these rules.