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Subchapter Q. DISPUTES; TERMINATION DISPUTES; INFORMAL AND FORMAL COMPLAINTS
GENERAL PROVISIONS Sec.
56.371. Follow-up response to inquiry.
56.372. Dispute procedures.
56.373. Time for filing an informal complaint.
56.374. Effect of failure to timely file an informal complaint.
PUBLIC UTILITY COMPANY DISPUTE PROCEDURES
56.381. General rule.
56.382. Contents of the public utility company report.
INFORMAL COMPLAINT PROCEDURES
56.391. Informal complaint filing procedures.
56.392. Commission informal complaint procedure.
56.393. Termination pending resolution of the dispute.
56.394. Conference procedures.
FORMAL COMPLAINTS
56.401. General rule.
56.402. Filing.
56.403. Review from informal complaint decisions of the Bureau of Consumer Services.
56.404. Ability to pay proceedings.
PAYMENT OF BILLS PENDING RESOLUTION OF
DISPUTES AND COMPLAINTS
56.411. Duties of parties: disputing partys duty to pay undisputed portion of bills; public utilitys duty to pay interest whenever overpayment found.
Authority The provisions of this Subchapter Q issued under the Public Utility Code, 66 Pa.C.S. § § 14011419, unless otherwise noted.
Source The provisions of this Subchapter Q adopted October 7, 2011, effective October 8, 2011, 41 Pa.B. 5473, unless otherwise noted.
Cross References This subchapter cited in 52 Pa. Code § 56.1 (relating to statement of purpose and policy); 52 Pa. Code § 56.251 (relating to statement of purpose and policy); and 52 Pa. Code § 56.252 (relating to definitions).
GENERAL PROVISIONS
§ 56.371. Follow-up response to inquiry.
When a customer is waiting for a follow-up response to an initial inquiry under § 56.252 (relating to definitions), termination or threatening termination of service, for the subject matter relating to the inquiry in question, shall be prohibited until the follow-up response and, when applicable, subsequent dispute resolution is completed by the public utility.
Authority The provisions of this § 56.371 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.371 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial page (359057).
§ 56.372. Dispute procedures.
A notice of dispute, including termination disputes, must proceed, according to this section:
(1) Attempted resolution. If, at any time prior to the actual termination of service, a customer advises the public utility that the customer disputes any matter covered by this chapter, including, but not limited to, credit determinations, deposit requirements, the accuracy of public utility metering or billing or the proper party to be charged, the public utility shall attempt to resolve the dispute in accordance with § 56.381 (relating to general rule).
(2) Termination stayed. Except as otherwise provided in this chapter, when a termination dispute or complaint has been properly filed in accordance with this subchapter, termination shall be prohibited until resolution of the dispute or complaint. However, the disputing party shall pay undisputed portions of the bill.
Authority The provisions of this § 56.372 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.372 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial page (359058).
Cross References This section cited in 52 Pa. Code § 56.266 (relating to transfer of accounts).
§ 56.373. Time for filing an informal complaint.
To be timely filed, an informal complaintwhich may not include disputes under § § 56.285 and 56.421 (relating to payment of outstanding balance; and payment and timing)shall be filed prior to the day on which the public utility arrives to terminate service. If the public utility arrives to terminate service and posts a deferred termination notice in lieu of termination or otherwise fails to terminate service, the time for filing an informal complaint shall be extended until the end of the business day prior to the public utility again arriving to terminate service.
Authority The provisions of this § 56.373 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.373 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial page (359058).
Cross References This section cited in 52 Pa. Code § 56.266 (relating to transfer of accounts).
§ 56.374. Effect of failure to timely file an informal complaint.
Failure to timely file an informal complaint, except for good cause, shall constitute a waiver of applicable rights to retain service without complying with the termination notice or conference report of the public utility.
Authority The provisions of this § 56.374 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.374 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial page (359058).
Cross References This section cited in 52 Pa. Code § 56.266 (relating to transfer of accounts).
PUBLIC UTILITY COMPANY DISPUTE PROCEDURES
§ 56.381. General rule.
Upon initiation of a dispute covered by this section, the public utility shall:
(1) Not issue a termination notice based on the disputed subject matter.
(2) Investigate the matter using methods reasonable under the circumstances, which may include telephone or personal conferences, or both, with the customer or occupant.
(3) Make a diligent attempt to negotiate a reasonable payment agreement if the customer or occupant claims a temporary inability to pay an undisputed bill. Factors which shall be considered in the negotiation of a payment agreement include, but are not limited to:
(i) The size of the unpaid balance.
(ii) The ability of the customer to pay.
(iii) The payment history of the customer.
(iv) The length of time over which the bill accumulated.
(4) Provide the customer or occupant with the information necessary for an informed judgment, including, but not limited to, relevant portions of tariffs, statements of account and results of meter tests.
(5) Within 30 days of the initiation of the dispute, issue its report to the complaining party. The public utility shall inform the complaining party that the report is available upon request.
(i) If the complainant is not satisfied with the dispute resolution, the public utility company report must be in writing and conform to § 56.382 (relating to contents of the public utility company report). Further, in these instances, the written report shall be sent to the complaining party if requested or if the public utility deems it necessary.
(ii) If the complaining party is satisfied with the orally conveyed dispute resolution, the written public utility company report may be limited to the information in § 56.382(1) and (2) and, when applicable, § 56.382(7)(ii) or (8)(ii).
(iii) The information and documents required under this subsection may be electronically provided to the complaining party as long as the complaining party has the ability to accept electronic documents and consents to receiving them electronically.
Authority The provisions of this § 56.381 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.381 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial pages (359058) to (359059).
Cross References The provisions of this § 56.382 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.382 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial pages (359059) to (359060).
Cross References This section cited in 52 Pa. Code § 56.340 (relating to winter termination procedures); 52 Pa. Code § 56.354 (relating to length of postponement; renewals); 52 Pa. Code § 56.358 (relating to right of public utility to petition the Commission); and 52 Pa. Code § 56.381 (relating to general rule).
INFORMAL COMPLAINT PROCEDURES
§ 56.391. Informal complaint filing procedures.
An informal complaint may be filed orally or in writing and must include the following information:
(1) The name and address of the complainant and, if different, the address at which service is provided.
(2) The telephone number of the complainant.
(3) The account number of the complainant, if applicable.
(4) The name of the public utility.
(5) A brief statement of the dispute.
(6) Whether the dispute formerly has been the subject of a public utility company investigation and report.
(7) Whether the dispute formerly has been the subject of a Commission informal or formal complaint.
(8) The date, if any, of proposed termination.
(9) The relief sought.
Authority The provisions of this § 56.391 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.391 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial pages (359060) to (395061).
Cross References The provisions of this § 56.392 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.392 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial pages (359061) to (359062).
Cross References This section cited in 52 Pa. Code § 56.340 (relating to winter termination procedures); and 52 Pa. Code § 56.394 (relating to conference procedures).
§ 56.393. Termination pending resolution of the dispute.
In any case alleging unauthorized use of public utility service, as defined in § 56.252 (relating to definitions), or the customers failure to pay undisputed bills as required under § 56.411 (relating to duties of parties: disputing partys duty to pay undisputed portion of bills; public utilitys duty to pay interest whenever overpayment found), a public utility may terminate service after giving proper notice in accordance with § § 56.33156.338, whether or not a dispute is pending.
Authority The provisions of this § 56.393 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.393 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial page (359062).
Cross References This section cited in 52 Pa. Code § 56.340 (relating to winter termination procedures); and 52 Pa. Code § 56.394 (relating to conference procedures).
§ 56.394. Conference procedures.
Conferences held under § § 56.39156.393 (relating to informal complaint filing procedures; Commission informal complaint procedure; and termination pending resolution of the dispute) and this section will be informal and may be held by conference telephone call, when appropriate. If the parties are to be present, the conferences will take place within reasonable proximity to the situs of the complaint.
Cross References This section cited in 52 Pa. Code § 56.340 (relating to winter termination procedures).
FORMAL COMPLAINTS
§ 56.401. General rule.
Except as otherwise provided in this chapter, formal complaint proceedings will proceed according to the rules and regulations of the Commission governing complaint proceedings.
Cross References This section cited in 52 Pa. Code § 56.340 (relating to winter termination procedures); and 52 Pa. Code § 56.392 (relating to Commission informal complaint procedure).
§ 56.402. Filing.
(a) A request for review of the decision of the Bureau of Consumer Services (BCS) shall be initiated in writing within 20 days of issuance.
(b) Upon receipt of a request for review of the decision of the BCS, the Secretary of the Commission will mail a formal complaint form to the requesting person.
(c) Within 30 days of the mailing of the formal complaint form, the party requesting review of the decision of the BCS shall file the completed complaint form with the Secretary.
(d) Upon the filing of a formal complaint within the 30-day period and not thereafter except for good cause shown, there will be an automatic stay of the informal complaint decision.
(e) The failure to request review of the BCS decision by filing a formal complaint within the 30-day period does not foreclose a party from filing a formal complaint at a later time except as otherwise may be provided in 66 Pa.C.S. (relating to Public Utility Code).
Cross References The provisions of this § 56.403 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.403 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial pages (359063) to (359064).
Cross References The provisions of this § 56.404 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.404 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial page (359064).
Cross References This section cited in 52 Pa. Code § 56.392 (relating to Commission informal complaint procedure).
PAYMENT OF BILLS PENDING RESOLUTION OF
DISPUTES AND COMPLAINTS
§ 56.411. Duties of parties: disputing partys duty to pay undisputed portion of bills; public utilitys 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 § 56.272 (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 § 56.272.
(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 § 56.411 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301, 14011419, 1501 and 1509.
Source The provisions of this § 56.411 amended May 31, 2019, effective June 1, 2019, 49 Pa.B. 2815. Immediately preceding text appears at serial page (359065).
Cross References This section cited in 52 Pa. Code § 56.262 (relating to meter reading; estimated billing; customer readings); and 52 Pa. Code § 56.393 (relating to termination pending resolution of the dispute).
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