65-407-815 Me. Code R. § 13
Utilities whose Customers must make a toll call to reach them must provide a toll-free line for Customers to call to resolve billing and service Disputes.
A Utility must have an adequate number of properly trained employees available during business hours to respond to questions from Applicants and Customers, resolve Disputes, and address requests for service. Customers calling the Utility must be provided the opportunity to talk to a live Customer representative without spending an unreasonable amount of time on hold and without being forced to navigate through an unreasonable number of menu levels in an automated phone answer system. If a Customer's call is not automatically forwarded to a live person once a menu option is selected, the option to speak to a live representative must be provided as a menu choice. A Utility with fewer than five full-time employees or fewer than 300 Customers is not required to have an informed employee available at all times during business hours. If such a Utility achieves contact with a Customer before Disconnection, the Utility must not disconnect the Customer until it has offered the Customer the opportunity to resolve a Dispute or to avoid Disconnection by contact with the employee who is authorized to resolve Disputes and enter into Payment Arrangements.
A Utility may not threaten Disconnection or disconnect the service of a Customer if the Customer has informed the Utility that the Customer disputes liability for the bill, a Utility's Deposit request, or the terms of a Payment Arrangement required by a Utility to avoid Disconnection, until the Dispute is resolved pursuant to subsection D below. When a Customer disputes only a portion of the Bill, the Utility may require payment of that portion not in dispute to prevent Disconnection.
When a Utility becomes aware of a Dispute by an Applicant or Customer, whether or not Disconnection is pending, the Utility must:
Investigate the Dispute, preserving a record of the substance and results of the investigation;
Report the results of its investigation to the Applicant or Customer based on the record; and
Attempt in good faith to resolve the Dispute.
All utilities must preserve records of Disputes for a period of ten years from the date the Dispute was resolved and those records must be available for examination by the Commission. Utilities must maintain sufficient records, either in writing or electronically, to demonstrate compliance with Title 35, the Commission's rules, and approved terms and conditions. The dispute records must include, but are not limited to:
If a Utility cannot resolve a Dispute with an Applicant or Customer after the procedures set forth above have been completed, the Utility must orally inform the Applicant or Customer that they may request CASD to informally investigate the Dispute and the Utility must provide the toll-free telephone number of the CASD. If the request for an informal investigation concerns a pending Disconnection, the Utility must orally inform the Customer that the request for an informal investigation must be filed before the Disconnection date or within two business days of the oral notice, whichever is later. During that time, the Utility may not disconnect the Customer's service. If the two-day extension exceeds the Disconnection date of the notice, the effective period of the notice can be extended to accommodate the two-day extension period.
A Utility may not threaten Disconnection or disconnect service to a Customer who disputes liability for the bill, a Utility's Deposit request, or the terms of a Payment Arrangement required by a Utility to avoid Disconnection and has requested an informal investigation by CASD until the investigation is complete pursuant to Section 13(H) and (I) below. Non-residential Customers must pay their monthly charges that accrue after filing a request for investigation regarding a disputed Payment Arrangement until the investigation is complete, including the outcome of any review by the Commission.
If a Customer files a request for informal CASD investigation after service has been disconnected, the Customer is entitled to reconnection pending completion of the investigation only if the Director of CASD finds reasonable grounds to believe that the Utility has failed to follow the Disconnection provisions of this Rule (Section 10) or has failed to notify the Customer of the right to file a request for investigation with CASD as required by Section 13(F) above. If the Director of CASD orders the Utility to reconnect service on this basis, the Utility must reconnect the Customer's service without reconnection charges or Deposit.
CASD will consider requests for informal investigations of Disputes pursuant to Title 35-A M.R.S. §1303(1) CASD will not, however, investigate if the Customer has not first attempted to resolve the Dispute with the Utility, pursuant to Section 13(D) above. CASD will decline a request for an investigation if the issues raised are not substantially related to the requirements of this Rule. Further, if CASD addressed the same issue that is the basis for the request for an investigation, CASD will decline a request unless the Applicant or Customer demonstrates that there is a significant change in circumstances or substantial new information to be presented to CASD. In the event a request for a CASD investigation is declined because the issues are not substantially related to the requirements of this Rule, but the request for investigation otherwise raises issues regarding Utility compliance with applicable statutes, rules, or approved terms and conditions, the Director of the CASD may in their sole discretion refer the matter to the Commission for consideration of whether to pursue an investigation pursuant to Title 35-A section1303.
CASD will inform a Utility that a request for informal investigation has been filed and the date of the filing by whatever means is acceptable to both CASD and the Utility, including, for example but not limited to in writing, by telephone, or by electronic means such as e-mail. CASD will conduct an informal investigation of the Dispute that may include:
A Utility must provide information requested by CASD within 10 business days of its receipt of the request. This information may include, but is not limited to, billing and payment information, notice of disconnection information, the written record of the Utility's investigation of the Applicant's or Customer's Dispute, or any other information in the Utility's possession or that is readily available to the Utility that CASD deems necessary to review the Customer Dispute. If the Utility cannot provide the requested information within the 10-day time period, it may request an extension from the Director of CASD or the Director's designee. The extension request may be made orally or in writing and it may be granted or denied orally or in writing.
CASD will complete its informal investigation and issue a written letter within 30 days of its receipt of the information from the Utility that is deemed necessary by CASD to resolve the Dispute. The decision by CASD letter will determine any just and reasonable requirements necessary to resolve the issues raised, including, but not limited to:
When CASD issues a letter following an informal investigation of a Dispute, it will inform the Applicant or Customer and the Utility that they may request Commission review of CASD's letter and of the rights of both parties while a Commission review is pending.
If a request for review is filed with the Commission, a Utility may not disconnect the Customer's service until the Commission review is completed. This prohibition stands, even if CASD's letter allows the Disconnection. If a request for review is filed with the Commission regarding a disputed Payment Arrangement, a non-residential Customer must pay its monthly charges that accrue until the Commission completes its review.
Upon consideration of a request for Commission review, the Director of CASD may determine that additional CASD review is warranted. Upon such a determination, CASD will conduct further review and issue a supplemental letter.
Upon consideration of a request for Commission review of a CASD letter, the Commission may direct CASD or other Commission staff to informally investigate the dispute further. If the Commission initiates a formal investigation, it will issue a notice of investigation pursuant to 35-A M.R.S. §1303(2). If the Commission declines to further investigate the dispute, a failure to act in accordance with the CASD letter will constitute grounds for the Commission to commence a formal investigation pursuant to 35-A M.R.S. §1303(2). The Commission or its staff will inform the Applicant or Customer and the Utility of a Commission determination not to conduct further investigation.
65-407 C.M.R. ch. 815, § 13