Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-7 - GAS UTILITIES › Subject 515-7-6 - NATURAL GAS MARKETER BILLING PRACTICES › Rule 515-7-6-.04 - Consumer Rights and Remedies

Current through Rules and Regulations filed through June 27, 2024
(a) In the event that a customer is not
				billed in compliance with Commission Rule
				515-7-6-.02(a), the
				marketer shall allow the customer a reasonable period of time to pay the
				charges that were not timely billed. Such reasonable period of time shall not
				be less than the period of time following the actual monthly meter reading or
				date of the estimated reading, if applicable, and the date the bill was sent to
				the customer. During this period of time, the marketer shall not charge or
				accrue any interest or late charges or penalties, shall not undertake
				collection efforts, shall not report the consumer to a credit reporting agency,
				and shall not disconnect gas service to the customer based on such amount. At
				the customer's request, the marketer shall allow the customer the option to pay
				the amount due in equal monthly increments.
(b) Unless a longer period of time is
				required under Commission Rule
				515-7-6-.04(a),
				customers who receive bills that undercharge or fail to charge for legitimate
				services shall be given at least 90 days from the date a correct bill is
				rendered to pay the correct amount and no late charges or interest may be
				charged on the corrected amount during said 90-day payment period. During this
				period of time, the marketer shall not charge or accrue any interest or late
				charges or penalties, shall not undertake collection efforts, shall not report
				the consumer to a credit reporting agency, and shall not disconnect gas service
				to the customer based on the corrected amount.
(c) In the event a marketer fails to comply
				with Commission Rule Chapter 515-7-6, such marketer shall promptly and in good
				faith resolve any customer complaints resulting from such
				non-compliance.
(d) In any case
				where there is a dispute between a marketer and a retail customer concerning
				the amount of a gas bill, the marketer shall be required to confer by telephone
				or some other verifiable means with the retail customer in an attempt to
				resolve such dispute. In case of any such dispute the marketer shall be
				prohibited from reporting the name of a retail customer to any consumer
				reporting agency as defined in Section 603(f) of the federal Fair Credit
				Reporting Act until the marketer has conferred with the retail customer and has
				complied in all respects with all applicable provisions of this article and the
				rules and regulations of the commission or has obtained a judgment against the
				retail customer.
(e) Whenever a
				marketer discovers or has called to its attention a billing error or other
				mistake reported to or acknowledged by the marketer, the marketer shall have
				thirty (30) days to correct the billing error from the date said error is
				reported to or acknowledged by the marketer. If the marketer does not correct
				the billing error, the burden of proof shall be on the marketer to show why the
				bill is correct. During the period the billing error is being disputed, the
				marketer shall neither impose a late fee or penalty on the disputed amount nor
				initiate an action to disconnect the customer's service or collect on the past
				due balance, if the disputed amount constitutes the total amount of the past
				due balance.
(f)
(1) In a situation in which a consumer has
				received a bill alleged to be in violation of one or more provisions of this
				Commission Rule, the consumer shall notify the marketer in an effort to rectify
				the situation without the need for agency Commission intervention. A marketer
				shall use every reasonable means to resolve a customer complaint regarding a
				billing issue in order to prevent it from being brought to the
				Commission.
(2) If a consumer is
				unable to arrive at a solution with a marketer regarding a billing dispute, the
				consumer has the right to file a complaint with the Commission. Should a
				billing issue be the subject of a Commission hearing at which it is found that
				the marketer was in violation of one or more of the Commission's billing rules
				and failed to use reasonable efforts to resolve the dispute, the Commission
				shall issue an order directing the marketer to provide the consumer with the
				appropriate refund, credit or remedy pursuant to this Commission Rule and pay
				the consumer $100, plus either $5 per day, accruing from the date the
				Commission notified the marketer it was investigating the dispute, that the
				consumer's billing situation was not rectified or an amount determined by Order
				of the Commission. At such a hearing, the marketer shall have the burden of
				proof to show that it was in compliance with this Commission Rule. In addition
				to the foregoing sanctions, the Commission also may order a marketer to pay all
				expenses incurred by the Commission as a result of having a hearing, including,
				but not limited to, court reporter transcription charges; hearing officer fees;
				and an amount of money equal to that which the Commission expended in Staff
				time in investigating, hearing and adjudicating the complaint; and pay as
				contemplated in O.C.G.A.
				46-2-91 any and all penalties
				determined by the Commission to be appropriate in light of the circumstances
				presented.