Subchapter G. DISPUTES; INFORMAL AND FORMAL COMPLAINTS

§ 64.131. Dispute procedures.

 A dispute shall proceed in accordance with this subchapter before an informal complaint can be filed.

 To be timely registered a dispute must be brought to the attention of the LEC orally or in writing by the customer or the customer’s designee before actual suspension or termination of service.

 Except as otherwise provided in this chapter, when a dispute is properly registered in accordance with this subchapter, suspension or termination based on disputed portions of the bill is prohibited until resolution of the dispute. However, the disputing party shall pay, or enter into a reasonable payment agreement for all undisputed portions of the bill. If the disputing party does not do so, the LEC may suspend or terminate service based on the nonpayment, if the suspension or termination is otherwise permitted under this chapter.

   The provisions of this §  64.133 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301 and 1501.

 Failure to timely register a dispute, except for good cause, shall constitute a waiver of applicable rights to retain service without complying with the termination notice, suspension notice or LEC written summary, and may constitute a waiver of rights to file an informal complaint under this chapter.

   The provisions of this §  64.134 adopted November 30, 1984, effective January 1, 1985, 14 Pa.B. 4354; amended July 21, 1995, effective July 22, 1995, 25 Pa.B. 2887. Immediately preceding text appears at serial page (140313).

TELEPHONE COMPANY DISPUTE PROCEDURES

§ 64.141. General rule.

 If, at any time before suspension or termination of service, a customer registers a dispute, the LEC shall do the following:

   (1)  Not issue a suspension or termination notice based on the disputed subject matter.

   (2)  Investigate the matter using resonable methods which may include telephone contacts and personal contacts with the customer.

   (3)  In a manner clear to the customer, set aside the disputed charges pending resolution of the dispute and demand payment of undisputed charges only.

   (4)  Provide the customer with the information necessary to arrive at an informed judgment, including, but not limited to, relevant portions of tariffs and statements of account.

   (5)  Within 30 days of the registration of the dispute, review findings with the customer in a manner which outlines clearly the results of the investigation and which indicates what action will be necessary for the customer to continue service. The findings shall be summarized in a report as follows, and the LEC shall inform the customer that a copy of the report is available upon request:

     (i)   If the complainant is not satisfied with the dispute resolution, the LEC report shall be in writing and conform to §  64.142 (relating to contents of the LEC report). In these instances, the written report shall be sent to the complaining party if requested, or if deemed necessary by the LEC. The written report shall also be sent to the Commission upon request.

     (ii)   If, however, the complaining party is satisfied with the orally conveyed dispute resolution, the written LEC report may be limited to the information required by §  64.142(1) and (2), and, if applicable, §  64.142(7).

     (iii)   If the complaining party expresses satisfaction but requests a written report, the report shall conform with §  64.142 in its entirety.

   The provisions of this §  64.141 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301 and 1501.

   The provisions of this §  64.141 adopted November 30, 1984, effective January 1, 1985, 14 Pa.B. 4354; amended July 21, 1995, effective July 22, 1995, 25 Pa.B. 2887; amended July 17, 1998, effective July 18, 1998, 28 Pa.B. 3394. Immediately preceding text appears at serial page (205967).

 The LEC report shall include the following:

   (1)  A statement of the claim or dispute and a copy thereof if the claim or dispute was made in writing.

   (2)  The position of the LEC and the results of investigation.

   (3)  An itemized statement of the account, specifying amounts credited or due as a result of the disputed subject matter.

   (4)  A statement that service will not be suspended pending completion of the dispute process, including both informal and formal complaints, so long as the customer:

     (i)   Pays all nondisputed amounts.

     (ii)   Files an informal complaint with the Commission within 10 days of the date on which the LEC mailed the written summary to the customer.

   (5)  The address and telephone number of the LEC office where payment can be made or information obtained.

   (6)  A complete explanation of procedures for filing an informal complaint with the Commission (see §  64.152 (relating to informal complaint filing procedures)). If a written report is not requested by the complaining party or deemed necessary by the LEC, the LEC must provide the information in §  64.152(a)(1)—(3) and (6). In addition, the LEC should provide the telephone number and address of the office of the Commission where the informal complaint may be filed.

   (7)  The date on or after which the account will be delinquent unless a payment agreement is entered into or an informal complaint is filed with the Commission. The date may not be earlier than the original due date of the bill or 10 days after the mailing or personal delivery of the written summary, whichever is later.

   The provisions of this §  64.142 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301 and 1501.

   The provisions of this §  64.142 adopted November 30, 1984, effective January 1, 1985, 14 Pa.B. 4354; amended July 21, 1995, effective July 22, 1995, 25 Pa.B. 2887; amended July 17, 1998, effective July 18, 1998, 28 Pa.B. 3394. Immediately preceding text appears at serial pages (205967) to (205968).

   This section cited in 52 Pa. Code §  63.15 (relating to complaint procedures); 52 Pa. Code §  64.74 (relating to procedures upon customer contact before suspension); 52 Pa. Code §  68.81 (relating to limited notice upon noncompliance with report or order); and 52 Pa. Code §  64.141 (relating to general rule).

INFORMAL COMPLAINT PROCEDURES

§ 64.151. Time for filing.

 Within 10 days of the notification or mailing of a LEC written summary and not thereafter, except for failure to receive notice or other good cause, an informal complaint shall be filed by the customer or customer designee with the Commission.

   The provisions of this §  64.151 adopted November 30, 1984, effective January 1, 1985, 14 Pa.B. 4354; amended July 21, 1995, effective July 22, 1995, 25 Pa.B. 2887. Immediately preceding text appears at serial page (140315).

 (a)  An informal complaint may be filed orally or in writing and shall include the following information:

   (1)  The name of the customer.

   (2)  The address of the customer and, if different, the address at which service is provided.

   (3)  The telephone number of the account.

   (4)  The telephone number at which the customer can be reached during the day and evening.

   (5)  The name of the LEC.

   (6)  A brief statement of the dispute.

   (7)  Whether the dispute formerly has been the subject of a LEC investigation and written summary.

   (8)  Whether the dispute formerly has been the subject of a Commission informal or formal complaint.

   (9)  The date, if any, of the proposed suspension or termination.

   (10)  The relief sought.

 (b)  Subsection (a) supersedes §  3.111 (relating to form and content of informal complaints).

   The provisions of this §  64.152 adopted November 30, 1984, effective January 1, 1985, 14 Pa.B. 4354; amended July 21, 1995, effective July 22, 1995, 25 Pa.B. 2887. Immediately preceding text appears at serial pages (140315) to (140316).

 (a)  The timely filing of an informal complaint acts as a limited stay and the LEC may not suspend or terminate service based on the complaining party’s nonpayment of any billed amount which is contested in the informal complaint until the complaint is resolved. The LEC may not suspend or terminate service based on the complaining party’s nonpayment of additional billed amounts that reflect the same underlying problem, other than a claimed inability to pay, as the billed amounts contested in the informal complaint. This limited stay does not prevent the LEC from suspending or terminating service based on the complaining party’s nonpayment of other billed amounts, where the suspension or termination is otherwise permitted under this chapter.

 (b)  Upon the filing of an informal complaint, which shall be docketed as ‘‘(complainant) v. (company),’’ Commission staff will immediately notify the utility, review the dispute, and, within a reasonable period of time, issue to the utility and the complaining party an informal report with findings and a decision. The reports shall be in writing and a summary will be sent to the parties if a party requests it or if the Commission staff finds that a summary is necessary.

   (1)  Review techniques. Review shall be by appropriate means, including LEC written summaries, telephone calls, conferences, written statements, research, inquiry and investigation. Procedures shall be designed to insure a fair and reasonable opportunity to present pertinent evidence and to challenge evidence submitted by the other party to the dispute. Information and documents requested by Commission staff as part of the review process shall be provided by the LEC within 30 days of the request.

   (2)  Settlement. Before the issuance of its report, Commission staff may negotiate with the parties in an attempt to settle the matters in dispute.

 (c)  Commission staff resolution of informal complaints is binding upon the parties unless formal proceedings are initiated under Chapter 5 (relating to formal proceedings).

 (d)  Subsection (b) supersedes §  3.112 (relating to action on informal complaints).

   The provisions of this §  64.153 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301—1325 and 1501—1511.

   The provisions of this §  64.153 adopted November 30, 1984, effective January 1, 1985, 14 Pa.B. 4354; amended July 14, 1989, effective July 15, 1989, 19 Pa.B. 3042; amended July 21, 1995, effective July 22, 1995, 25 Pa.B. 2887; amended July 17, 1998, effective July 18, 1998, 28 Pa.B. 3394. Immediately preceding text appears at serial pages (225751) to (225752).

 The Bureau of Consumer Services shall have primary jurisdiction over all complaints arising under this chapter.

   The provisions of this §  64.154 adopted November 30, 1984, effective January 1, 1985, 14 Pa.B. 4354.

   This section cited in 52 Pa. Code §  63.15 (relating to complaint procedures).

FORMAL COMPLAINTS

§ 64.161. General rule.

 (a)  Except as otherwise provided in this chapter, formal complaint proceedings shall proceed according to Chapters 3 and 5 (relating to special provisions; and formal proceedings).

 (b)  The timely filing of a formal complaint acts as a limited stay and the LEC may not suspend or terminate service based on the complaining party’s nonpayment of any billed amount which is contested in the formal complaint until the complaint is resolved. This limited stay does not prevent the LEC from suspending or terminating service based on the complaining party’s nonpayment of other billed amounts, if the suspension or termination is otherwise permitted under this chapter, and if the suspension or termination is preceded by the required notification.

   The provisions of this §  64.161 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301 and 1501.

   The provisions of this §  64.161 adopted November 30, 1984, effective January 1, 1985, 14 Pa.B. 4354; amended July 21, 1995, effective July 22, 1995, 25 Pa.B. 2887; amended July 17, 1998, effective July 18, 1998, 28 Pa.B. 3394. Immediately preceding text appears at serial page (225752).

 Within 10 days of notification or mailing of the informal complaint report, and not thereafter except for good cause, an appeal from the report of the Consumer Service Representative may be filed by means of a written intention to appeal.

   The provisions of this §  64.162 adopted November 30, 1984, effective January 1, 1985, 14 Pa.B. 4354.

 All appeals from informal complaint reports shall be heard de novo by the Commission, a Commissioner, or an Administrative Law Judge.

   (1)  Filing and docketing. Appeals shall be filed and docketed as formal Commission complaints, under §  5.22 and §  5.61 (relating to contents of formal complaint; and answers to complaints and petitions).

   (2)  Captions. The parties to an appeal shall be stated in the caption as they stood upon the record of the informal complaint proceeding.

   (3)  Hearings. Hearings conducted by an Administrative Law Judge shall be held within 90 days after the filing of the complaint. The parties may incorporate portions of the conference report or informal complaint report upon which they agree.

   (4)  Formal complaint report. The Administrative Law Judge assigned to the formal complaint shall render a decision within 90 days after the record is closed unless the Commission allows an extension.

   (5)  Exceptions. A party to a proceeding may file exceptions to the decision of the Administrative Law Judge and appeal to the Commission from the ruling on the exceptions, in the manner set forth at 66 Pa.C.S. §  332(h) (relating to procedures in general). If no exceptions are filed or no appeal is taken, the Administrative Law Judge’s decision or ruling will become final without further Commission action, unless two or more of the Commissioners request Commission review.

   The provisions of this §  64.163 adopted November 30, 1984, effective January 1, 1985, 14 Pa.B. 4354.

   This section cited in 52 Pa. Code §  63.15 (relating to complaint procedures).

PAYMENT OF BILLS PENDING RESOLUTION OF
DISPUTES AND COMPLAINTS

§ 64.171. Duties of parties: undisputed portion of bills; interest on
overpayment.

 Pending resolution of a dispute, including a termination dispute, the disputing party shall be required to pay the undisputed portion of all bills, as described in this section:

   (1)  Pending informal complaint. Pending the outcome of an informal complaint, the disputing party shall be obligated to pay the portion of a bill which is not honestly disputed. Amounts ultimately determined, by the parties or the Commission, to have been validly due but not paid shall be paid with a late payment charge at the tariff rate filed under §  64.16 (relating to accrual of late payment charges) except when late payment charges have been reduced or eliminated by the parties or the Commission to facilitate payment by the disputing party.

   (2)  Pending formal complaint. Before the hearing on a formal complaint or before the issuance of a Commission order when no hearing is to be held in a formal complaint proceeding, the customer shall be required to pay the amount which the Consumer Services Representative determines is not reasonably disputed.

   (3)  Overpayments reimbursed with interest. Amounts ultimately determined to have been overpaid by the disputing party shall be reimbursed with interest at the tariff rate filed under §  64.16.

   (4)  Effect of offer of payment. An offer by a ratepayer to pay all or a portion of a bill shall not be deemed a waiver of a right to reimbursement for all amounts subsequently deemed by the parties or the Commission to have been overpaid.

   (5)  Effect of acceptance of partial payment. The acceptance by a LEC of a partial payment for a bill pending final outcome of a dispute shall not be deemed an accord and satisfaction or waiver of the right of the utility to payment in full as subsequently agreed to by the parties or decided by the Commission.

   The provisions of this §  64.171 adopted November 30, 1984, effective January 1, 1985, 14 Pa.B. 4354; amended July 21, 1995, effective July 22, 1995, 25 Pa.B. 2887. Immediately preceding text appears at serial page (140319).

   This section cited in 52 Pa. Code §  63.15 (relating to complaint procedures).