Current through Register Vol. 63, No. 9, September 1, 2024
(1) When a
dispute occurs between a customer or applicant and a utility about any charge
or service, the utility must:
(a) Thoroughly
investigate the matter;
(b)
Promptly report the results of its investigation to the complainant;
(c) Inform the complainant of the right to
have a utility supervisor review any dispute;
(d) Prepare a written record of the dispute
including the name and address of the complainant involved, the date the
complaint was received, the issues in dispute, and the disposition of the
matter; and
(e) Retain records of
the dispute for at least 36 months after the investigation is closed.
(2) If the utility and complainant
cannot resolve the dispute, the utility must inform the complainant of the
right to contact the Commission's Consumer Services Section and request
assistance in resolving the dispute. The utility must provide the following
contact information for the Commission's Consumer Services Section:
(a) Telephone: 503-378-6600; 1-800-522-2404;
TTY 711;
(b) Mailing address: Public
Utility Commission of Oregon, Consumer Services Section, PO Box 1088, Salem,
Oregon 97308;
(c) Physical address:
Public Utility Commission of Oregon, 201 High Street SE, Suite 100, Salem,
Oregon 97301;
(d) Electronic mail
address: puc.consumer@puc.oregon.gov; and
(e) Website:
https://apps.puc.state.or.us/consumer/complaint.asp.
(3) The Consumer Services Section will
investigate any dispute upon request to determine whether it can be resolved as
an informal complaint.
(4) If the
Consumer Services Section cannot resolve the dispute the complainant may file a
formal written complaint with the Commission under ORS
756.500.
The formal complaint must be submitted on an approved form available from the
Consumer Services Section.
(a) The complaint
must be filed electronically with the Filing Center at
PUC.FilingCenter@puc.oregon.gov;
(b)
If complainant does not have access to electronic mail;
(A) The complaint may be mailed, faxed, or
delivered to the Filing Center at the address set out in OAR 860-001-0140;
and
(B) The complaint must include a
request for waiver of electronic service and filing requirements. This request
is included on the form available from the Commission's Consumer Services
Section.
(c) The
Commission will serve the complaint on the utility. The Commission may
electronically serve the utility with the complaint if the electronic mail
address is verified prior to service of the complaint and the delivery receipt
is maintained in the official file;
(d) The utility must answer the complaint
within 15 days of service of the complaint by the Commission; and
(e) The Commission will determine a
procedural schedule after the utility's answer is filed. The utility must serve
a copy of its answer on the complainant:
(A)
If the utility files a motion to dismiss, the complainant may file a response
within 15 days of the motion. If the complainant responds, the complainant must
file the response with the Filing Center and send a copy to the utility. The
Commission may make a decision on the formal complaint based on the information
in the complaint, the utility's response and motion to dismiss, and the
complainant's response to the utility's motion; or
(B) The Commission may set a procedural
schedule for the complaint proceedings, including but not limited to,
scheduling dates for receiving additional information from the parties,
telephone conferences, or a hearing. A hearing may be held on less than 10
days' notice when good cause is shown.
(5) Upon filing a formal complaint, the
complainant may request a hearing to determine whether the complainant is
entitled to continued or restored service pending the resolution of the
complaint. Unless extraordinary circumstances exist, the Commission will
conduct the hearing electronically within 3 business days. Notice of the
hearing will be provided to the complainant and the utility at least 12 hours
before the date and time of the hearing. Pending resolution of the dispute, the
complainant's obligation to pay undisputed amounts continues.
(6) A complainant who has a registered
dispute or formal complaint pending with the Commission is entitled to
continued or restored service when:
(a)
Service was not terminated for tampering with utility property, stealing,
diverting, or using unauthorized service, or failure to establish
credit;
(b) A bona fide dispute
exists in which the facts asserted entitle the complainant to
service;
(c) Termination is based on
nonpayment, and the customer agrees to pay undisputed charges; and
(d) The complainant diligently pursues
conflict resolution under the Commission's rules.
(7) If the conditions in section (6) of this
rule are not satisfied, the utility has no obligation to provide continued
service. A utility discontinuing service because of a failure to meet the
conditions of subsections (6)(c) or (6)(d) of this rule must give the customer
five-day notice served in the same manner as provided by OAR 860-021-0405 or
860-021-0505, whichever applies, except the notice need only describe the
defect in performance, the date and time when utility service will terminate,
and the toll-free number of the Commission's Consumer Services
Section.
Statutory/Other Authority: ORS 183, ORS 756, ORS 757 &
ORS 759
Statutes/Other Implemented: ORS
756.040, ORS
756.500 & ORS
756.512
