Current through Register Vol. 63, No. 9, September 1, 2024
(1) When a
dispute occurs between a customer or applicant and a wastewater utility about
any charge or service, the wastewater 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 wastewater 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 wastewater utility must inform the
complainant of the right to contact the Consumer Services Section and request
assistance in resolving the dispute. The wastewater utility must provide the
following contact information for the 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, 3930 Fairview Industrial Drive
SE, Salem, Oregon 97202;
(d)
Electronic mail address: puc.consumer@state.or.us; and
(e) Website:
http://puc.state.or.us/consumer/customer%20complaint%20process.pdf.
(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 @PUC.FilingCenter@state.or.us.
(b) If the complainant does not have access
to electronic mail,
(A) The complaint may be
mailed 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 Consumer
Services Division.
(c)
The Commission will serve the complaint on the wastewater 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 wastewater utility must answer the
complaint within 15 days of service of the complaint by the Commission.
(e) The Commission will determine
a procedural schedule after the wastewater utility's answer is filed. The
wastewater utility must serve a copy of its answer on the complainant.
(A) If the wastewater 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 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 by telephone within 3 business days. Notice
of the hearing will be provided to the complainant and the wastewater 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 provided:
(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) When termination of
wastewater service is based on nonpayment, 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 wastewater
utility has no obligation to provide continued service. A wastewater utility
discontinuing water service because of a customer's failure to meet the
conditions of subsections (6)(c) or (6)(d) of this rule for wastewater utility
service must give the customer a five-day disconnect notice. The notice must be
served in the same manner as provided by OAR 860-037-0245, except that it need
only describe the defect in performance, the date and time when water service
will be disconnected in order to terminate wastewater service and the toll-free
number of the Commission's Consumer Services Section.
Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS
756.040,
756.500,
756.512,
757.005 &
757.061
