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This entry was published on 2014-09-22
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SECTION 43
Complaint handling procedures
Public Service (PBS) CHAPTER 48, ARTICLE 2
§ 43. Complaint handling procedures. 1. The commission shall maintain
regulations for the handling of residential customer complaints, which
at a minimum shall require that each utility or municipality: (a)
maintain procedures for prompt investigation of any complaint on a bill
for gas or electric service rendered or a deposit required and for
prompt reporting to the complainant of the result of such investigation.
If such report is made orally, the utility corporation or municipality
shall offer the complainant upon a written request the opportunity to
receive the report in writing; (b) inform any complainant whose
complaint is resolved in favor of the utility corporation or
municipality, in whole or in part, of the availability of the
commission's complaint handling procedures; (c) refrain from terminating
service for nonpayment so long as a complaint is pending before a
utility, municipality or the commission and for fifteen days thereafter,
or for such period as the commission for good cause shall establish;
provided however, that as a condition of continued service during the
pendency of any such dispute, a customer shall pay the undisputed
portions of any bill for service including bills for current usage, or
such amounts as the commission determines reasonably reflect the cost of
usage to such customer; and (d) refrain from treating the disputed
portion of any bill as late during the pendency of any complaint before
the utility or municipality.

2. The commission shall maintain regulations for complaint handling
procedures including complaints with respect to the negotiation of a
deferred payment agreement which shall include, at a minimum: (a)
provision for investigation and informal review and for appeal to the
commission in its discretion; (b) that the burden of proof in all
proceedings shall be on the utility corporation or municipality, except
as otherwise provided by the commission for good cause; and (c)
provision for parties to receive a written determination of any
complaint, upon request, in plain and simple English, which
determination shall set forth the relevant facts established, the
reasons for the determination, what actions must be taken and what
further procedures are available to a complainant.

3. The commission shall use its best efforts to complete its
investigation and review and to issue, within ninety days, its final
written determination of any appeal to it pursuant to this section.