PAYMENT OF BILLS PENDING RESOLUTION OF
DISPUTES AND COMPLAINTS
§ 56.181. Duties of parties; disputing party’s duty to pay undisputed portion of bills; public utility’s duty to pay interest whenever overpayment found.
Pending resolution of a dispute, including a termination dispute, the disputing party shall be required to pay the undisputed portion of 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 that portion of a bill which is not honestly disputed. An amount ultimately determined, by the parties or the Commission, to have been validly due but not paid may be paid with interest at the tariff rate filed under § 56.22 (relating to accrual of late payment charges) except when interest charges have been reduced or eliminated by the parties or the Commission to facilitate payment by the disputing party.
(2) Pending formal complaint. Prior to the hearing on a formal complaint or prior to 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 that amount which the consumer services representative determines is not disputed.
(3) Overpayments reimbursed with interest. An amount ultimately determined to have been overpaid by the disputing party shall be reimbursed with interest at the tariff rate filed under § 56.22.
(4) Effect of offer of payment. An offer by a customer to pay all or any portion of a bill may not be deemed a waiver of a right to reimbursement for amounts subsequently deemed, by the parties or the Commission, to have been overpaid.
(5) Effect of acceptance of partial payment. The acceptance by a public utility of a partial payment for a bill pending final outcome of a dispute may not be deemed an accord and satisfaction or waiver of the right of the public utility to payment in full as subsequently agreed to by the parties or decided by the Commission.
Authority The provisions of this § 56.181 amended under the Public Utility Code, 66 Pa.C.S. § § 1401—1419.
Source The provisions of this § 56.181 adopted June 16, 1978, effective June 17, 1978, 8 Pa.B. 1655; amended January 15, 1982, effective January 16, 1982, 12 Pa.B. 298; amended October 7, 2011, effective October 8, 2011, 41 Pa.B. 5473. Immediately preceding text appears at serial pages (252046) to (252047).
Cross References This section cited in 52 Pa. Code § 56.12 (relating to meter reading; estimated billing; customer readings); 52 Pa. Code § 56.164 (relating to termination pending resolution of the dispute); and 52 Pa. Code § 57.257 (relating to disputes concerning advanced metering).
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