65- 407 C.M.R. ch. 660, § 8

Current through 2024-25, June 19, 2024
Section 407-660-8 - BILLING AND PAYMENT STANDARDS
A.Bill Frequency

A utility shall bill on a regular recurring basis, either quarterly or monthly, at the utility's discretion. A utility may choose an alternate method for billing its seasonal customers, as specified in its terms and conditions.

B.Due date of Bills

The due date of a bill must be at least 25 days after the bill is mailed or otherwise delivered to the customer. A bill is considered "mailed" on the date the bill is postmarked. If there is no postmark, the utility shall date the bill and mail the bill on or before the date on the bill.

C.Bill Content

Each bill issued by a utility shall clearly state the following minimum information:

1. The beginning and ending dates of the period for which service was provided.
2. The beginning and ending meter readings for the billing period and the difference between the two meter readings, unless the customer's usage was estimated for that billing period pursuant to Section 8(L) of this Rule or the customer's meter was changed out by the utility during that billing period.
3. The last date by which payment must be made and that after this date the account will be considered overdue and late fees imposed, if authorized.
4. The amount due for service provided during the current billing period.
5. An itemization of State taxes.
6. An itemization of all other current unpaid charges, including, if applicable, installation fees, reconnection fees, deposit payments, and late payment fees which have accrued to the customer's account. A utility may not separately list line items on the bill that do not represent a separate, discrete utility service or a State tax.
7. The total amount of all payments or other credits made to the customer's account during the current billing period, except that utilities that bill quarterly do not have to comply with this requirement.
8. The amount overdue, if applicable.
9. The account balance.
10. A clear and conspicuous marking of all estimates.
11. The address and telephone number where the customer may write or call to ask questions or dispute the bill with the utility.
12. A designation of the applicable class of service as stated in the utility's approved rate schedule.
D.Billing Errors

A utility shall notify promptly a customer in writing of a billing error after it discovers or is notified of the error. An explanation of the credit or charge on the bill or in a bill insert that accompanies the bill containing the credit or charge that explains the error will meet the notice requirement of this Section. The utility shall correct the error within 90 days of discovery of the error and investigate whether the billing error affects multiple customers. Discovery of the error is the point in time when the utility first becomes aware of the billing error; or, if notice of the error is provided by a third party, discovery of the error is when the utility confirms that a billing error was made. In the latter situation, the decision regarding whether or not a billing error occurred must be made within 14 days of the utility's receipt of the third party's notice of the error. If more than 10 customers are affected by the billing error, the utility shall immediately notify the CAD. If an under-billing occurred, a utility may issue a corrected bill for service provided in the previous 12 months. A utility shall refund any amount billed in excess of correct rates, within the previous 6 years from the date of the utility's discovery of the error.

E.Meter Malfunction, Failure to Read Meter, and Unauthorized Use or Fraud
1.Make-Up Bills

A utility may issue a corrected bill for previously unbilled service due to the utility's failure to read the customer's meter pursuant to Section 8(L) or a meter malfunction that could not have been reasonably detected by the customer or the utility, for service that was provided in the 12 months prior to the date the make-up bill is issued. In these circumstances, the utility must either apportion the usage evenly over the period in which the unbilled usage occurred or apportion the unbilled amount pursuant to the utility's usage estimation methodology. Once the usage has been properly apportioned over the unbilled period, the utility may re-bill the customer based on the approved rate schedule rates in effect during the unbilled usage period. A utility may also agree to a settlement that abates all or a portion of the previously unbilled service.

a. If the make-up bill is for service that was previously unbilled because of unauthorized use or fraud by the customer, the utility may bill for service that occurred up to 6 years before the issuance of the "make-up" bill.
b. When a utility issues a make-up bill, it must notify the customer in writing of the right to a payment arrangement for the previously unbilled amount. The terms of a payment arrangement negotiated for the previously unbilled amount should take into account the period during which the unbilled service accrued, the length of time between the usage and the issuance of the bill, and the reason for the unbilled amount.
2.Refunds

A utility shall refund any amount billed in excess of correct rates and/or usage amounts, within the previous 6 years from the date of the utility's discovery of the error (as defined above in Section 8(D) ).

F.Payment
1.Extension of Due Date Required

If the due date for payment falls on a Saturday, Sunday, legal holiday, or any other day when the utility's offices are not open for business, the utility shall extend the due date to the next business day.

2.Payment by Mail

If the customer sends payment by mail, payment is made on the date the utility receives the payment.

3.Electronic Payment

If the customer pays a bill electronically through a utility's authorized vendor, either over the phone or the internet, the utility must consider the payment "received" for the purpose of avoiding credit action and a late payment charge, at the date and time the transaction is executed by the customer or the date the customer chooses for the payment to be applied to the customer's account if that choice is available in the utility's billing system.

4.Payment at a Remote Office

If the customer pays at a branch office or authorized agency of the utility, the utility shall consider the payment "received" for the purpose of avoiding credit action and a late payment charge, at the date and time the transaction is executed by the customer.

5.Conflicting Due Dates

When a utility provides a customer with multiple notices or contacts containing different due dates, payment is due on or before the latest due date provided, with the exception of notices issued pursuant to Section 10(H) of the Rule (dishonored check), which supersede all other notices.

G.Late Payment Charges and Returned Check Charges

Utilities must comply with Chapter 870 of the Commission's Rules relating to late payment charges and returned check charges.

H.Application of Partial Payments

When a utility receives payment that is insufficient to pay the full account balance, the utility must apply payment to the oldest basic service balance due, unless instructions from the customer, a disputed bill, or a payment arrangement requires otherwise.

I.Non-Basic Utility Service

A utility must either issue a separate bill for non-basic utility service or apply partial payments first to basic charges and then to non-basic charges.

J.In-Person Payment Locations

A utility shall maintain a location within its service territory where customers may pay bills in person.

K.Transfer of Service and Collection of Unpaid Account Balances
1.Transfer to a New Account

When a customer requests a transfer of service to a new location, a utility may, without prior notice, transfer the customer's current account balance to the customer's new account, provided that the new account is the same type as the old account, i.e. residential or non-residential, and the transfer takes place within 60 days of the activation of service at the new location or the closing of the prior service, whichever date is later. Utilities are prohibited from transferring account balances from a residential account to a non-residential account and vice versa. In situations where a landlord is responsible for a common area meter, which is considered a business account, and also chooses to have service for the individual unleased rental units placed in the landlord's name during periods in which they are not leased, a utility may transfer the balance from the individual units (residential) to the common area (business) account.

2.Transfer of Multiple Accounts
a.Account Balance. In situations where a customer maintains multiple accounts and chooses to close an account with an account balance, a utility may transfer the account balance to a remaining, active account, provided the accounts are of the same type, i.e., residential to residential or business to business. Any transfer must be made within 60 days of the account being closed. In these situations, a utility may not transfer a residential account balance to a business account and vice versa.
b.Credit Balance. In situations where a customer maintains multiple accounts and chooses to close an account with an account credit, the credit shall be refunded to the customer, unless the customer requests that the credit be applied to another account. The refund or credit shall be provided within 60 days of the customer closing the account.
3.Transfer of Unpaid Account Balance to a Guarantor

If a customer is disconnected, a utility may transfer to the account of a third party guarantor any portion of the account balance which is equal to the cash deposit requirement of the customer.

4.Fraud or Misrepresentation

If a utility discovers that a customer has a previous account balance incurred due to fraud or misrepresentation, the utility may transfer the unpaid account balance to the customer's current account within 30 days of discovery by the utility of the fraud or misrepresentation. In these situations, the utility must provide notice to the customer of the transfer. The notice may be included with the first bill issued in relation to the customer's current account that includes the transferred balance.

5.Compliance With This Section

If an unpaid account balance is not transferred according to Section 6(D), or paragraphs 1, 2, 3, or 4 above, a utility cannot demand or collect it from a current customer by any means authorized by this Rule.

6.Pending Disconnection Notice

If a disconnection notice is pending when a customer requests transfer of service to a new location, the utility may continue the disconnection process at the new location. If the notice required by Section 10(D) of this Rule has been issued and the contact required by Section 10(L)(2) has been attempted and service has not been disconnected because the customer has refused access to the customer's premises, the utility may deny service at a new location when the customer requests a transfer of service.

L.Meter Reading

A utility must obtain an actual meter reading every billing period, unless:

1. extreme weather conditions, emergencies, equipment failure, work stoppages or other similar circumstances prevent an actual meter reading by utility employees;
2. the utility must have access to the customer's premises to obtain a reading and the utility is unable to gain access after using reasonable efforts to obtain such access; or
3. a customer is billed on a seasonal basis according to terms included in the rate schedule of the utility.

An "actual meter read" includes an electronic read obtained via an automated read system.

M.Past Usage

Upon request, a water utility shall provide free of charge to current or prospective customers, tenants or property owners residential consumption and cost information for a dwelling unit for the prior 12-month period or figures reflecting the highest and lowest consumption and cost for the previous 12 months. If a unit has been occupied for a period of less than 12 months or for any other reasons the utility does not have information regarding water consumption or costs for a period of 12 months, the utility shall estimate the unit's cubic foot or gallon consumption or cost.

65- 407 C.M.R. ch. 660, § 8