§ 64.153. Commission informal complaint procedures.
(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. this subsection shall be read in conjunction with § § 64.141—64.152 and 64.154—64.171 when applicable to residential utility service.
(a.1) Upon the filing of an informal complaint related to a billing dispute that complies with § § 64.131—64.133, the Bureau of Consumer Services of the Commission can seek to immediately and contemporaneously transfer the customer to its LEC for resolution to address the complaint in the following manner:
(1) The transfer will occur with the customer’s explicit consent.
(2) The transfer will be made to a live operator or customer service representative of the LEC.
(3) The LEC shall maintain a dedicated toll-free telephone number for the automatic customer transfer process.
(4) In the event that the customer’s billing complaint cannot be resolved by the LEC or the customer expresses dissatisfaction with the LEC’s attempt to resolve the billing dispute, it will be referred back to the Bureau of Consumer Services of the Commission for resolution in accordance with the provisions of subsection (c).
(5) The Commission’s Bureau of Consumer Services and participating LECs may establish automated electronic communication links, electronic data interfaces, or appropriate web page access, for the exchange of information and data in the automatic customer transfer. These links shall be used only by authorized Commission and the LEC’S personnel shall safeguard the customer’s personal data and billing information from public disclosure.
(b) If the customer declines to participate in the automatic transfer process outlined in subsection (a.1), the informal complaint shall be docketed as ‘‘(complainant) v. (company)’’ and the Commission’s Bureau of Consumer Services will immediately notify the LEC, review the dispute and make a full and prompt investigation of the billing complaint made to it by the customers, and, within a reasonable period of time, issue to the LEC 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’s Bureau of Consumer Services finds that a summary is necessary.
(1) Review techniques. Review shall be by appropriate means, including LEC written summaries prepared in accordance with § 64.142 (relating to contents of written summary by the LEC), telephone calls, conferences, written statements, research, inquiry and investigation. Procedures shall be designed to ensure 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 as records of complaints shall be kept in accordance with § 64.192 (relating to record maintenance).
(2) Settlement. Before the issuance of its report, the Commission’s Bureau of Consumer Services may negotiate with the parties in an attempt to settle the matters in dispute. If the billing complaint is resolved, the Commission’s Bureau of Consumer Services shall terminate its investigation of the issue.
(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).
Authority The provisions of this § 64.153 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504—506, 1301—1325, 1501—1511 and 3019(b)(2) and (3).
Source 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; amended August 12, 2022, effective August 13, 2022, 52 Pa.B. 5049. Immediately preceding text appears at serial page (246521).
Cross References This section cited in 52 Pa. Code § 63.15 (relating to complaint procedures).
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