Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 4240 - Public Service Commission › Chapter 13 - Service and Billing Practices for Residential Customers of Electric, Gas, Sewer, and Water Utilities › Section 20 CSR 4240-13.045 - Disputes

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes reasonable and uniform
				  standards for handling disputes between customers and
				  utilities.
(1) A customer
				shall advise a utility that all or part of a charge is in dispute by written
				notice, in person, or by a telephone message directed to the utility during
				normal business hours. A dispute must be registered with the utility at least
				twenty-four (24) hours prior to the date of proposed discontinuance for a
				customer to avoid discontinuance of service as provided by these
				rules.
(2) When an applicant or
				customer advises a utility that all or part of a charge is in dispute, the
				utility shall record the date, time, and place the contact is made; investigate
				the contact promptly and thoroughly; and attempt to resolve the dispute in a
				manner satisfactory to both parties.
(3) Failure of a customer to participate with
				the utility in efforts to resolve an inquiry which has the effect of placing
				charges in dispute shall constitute a waiver of the customer's right to
				continuance of service and the utility, not less than five (5) days after
				provision of the notification required by section (9), may proceed to
				discontinue service unless the customer files an informal complaint with the
				commission within the five (5)-day period.
(4) Customers presenting frivolous disputes
				shall have no right to continued service. A utility, before proceeding to
				discontinue the service of a customer presenting a dispute it deems frivolous,
				shall advise the consumer services department of the commission of the
				circumstances. The consumer services department shall attempt to contact the
				customer by telephone and ascertain the basis of the dispute. If telephone
				contact cannot be made, the consumer services department shall send the
				customer a notice by first class mail stating that service may be discontinued
				by the utility unless the customer contacts the consumer services department
				within twenty-four (24) hours. If it appears to the consumer services
				department that the dispute is frivolous or if contact with the customer cannot
				be made within seventy-two (72) hours following the utility's report, the
				utility shall be advised that it may proceed to discontinue service. If it
				appears that the dispute is not frivolous, service shall not be discontinued
				until ten (10) days after the notice required by
				4 CSR
				240-13.050(5) has been sent to the
				customer by the utility. The customer shall retain the right to make an
				informal complaint to the commission.
(5) If a customer disputes a charge, s/he
				shall pay to the utility an amount equal to that part of the charge not in
				dispute. The amount not in dispute shall be mutually determined by the parties.
				The parties shall consider the customer's prior consumption history, weather
				variations, the nature of the dispute, and any other pertinent factors in
				determining the amount not in dispute.
(6) If the parties are unable to mutually
				determine the amount not in dispute, the customer shall pay to the utility the
				lesser of an amount not to exceed fifty percent (50%) of the charge in dispute
				or an amount based on usage during a like period under similar conditions which
				shall represent the amount not in dispute.
(7) Failure of the customer to pay to the
				utility the amount not in dispute within four (4) working days from the date
				that the dispute is registered or by the delinquent date of the disputed bill,
				whichever is later, shall constitute a waiver of the customer's right to
				continuance of service and the utility may then proceed to discontinue service
				as provided in this rule.
(8) If
				the dispute is ultimately resolved in favor of the customer in whole or in
				part, any excess moneys paid by the customer shall be refunded
				promptly.
(9) If the utility does
				not resolve the dispute to the satisfaction of the customer, the utility
				representative shall notify the customer that each party has a right to make an
				informal complaint to the commission, and of the address and telephone number
				where the customer may file an informal complaint with the commission. If a
				customer files an informal complaint with the commission prior to advising the
				company that all or a portion of a bill is in dispute, the commission shall
				notify the customer of the payment required by sections (5) or (6) of this
				rule.
(10) A utility is not
				required to comply with these rules prior to the discontinuance of service
				where the dispute registered with the utility involves the same customer, the
				same facts, and the same question regarding the validity of a charge as those
				involved in a prior informal or formal complaint filed by the customer and
				resolved in favor of the utility.
*Original authority: 386.250(6), RSMo 1939, amended 1963,
					 1967, 1977, 1980, 1987, 1988, 1991 and 393.140(11), RSMo 1939, amended 1949,
					 1967.