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.
Source 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).
Cross References This section cited in 52 Pa. Code § 63.15 (relating to complaint procedures); and 52 Pa. Code § 64.153 (relating to Commission informal complaint procedures).
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