Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 36 - WATER UTILITIES › Section 860-036-1440 - Adjustment of Utility Bills

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a
			 water utility determines that it incorrectly billed a current or former
			 customer for tariffed services, the water utility may take corrective action
			 depending upon the time the billing error occurred and the date the water
			 utility discovered the error.
(2)
			 If the utility billed and collected more than the amounts stated on its tariff
			 for services, the water utility must refund or credit amounts incorrectly
			 collected during the 12-month period ending on the date on which the water
			 utility issued the last incorrect bill. However, if the incorrect billing
			 occurred more than three years before the incorrect billing is discovered, no
			 refund or credit is required. For example, if the water utility discovers in
			 July 2016 that it over collected amounts from January 2013 to January 2015, the
			 utility must refund or credit amounts over collected for the period from
			 January 2014 to January 2015. However, if that billing error occurred from
			 January 2013 to January 2014, the water utility is only required to refund or
			 credit amounts over collected from July 2013 to January 2014.
(3) If the utility billed and collected less
			 than the amounts stated on its tariff for services, the utility may issue a
			 bill to collect amounts owing for the 12-month period ending on the date on the
			 water utility issued the last incorrect bill. However, the utility may not bill
			 for services provided more than two years before the date the utility
			 discovered the billing error. For example, if a utility discovers in July 2015
			 that it under collected amounts from July 2012 to July 2014, it may bill the
			 customer or former customer for amounts owed for the period from July 2013 to
			 July 2014. However, if the water utility discovered that billing error in
			 January 2016, it may only collect amounts incorrectly billed during the period
			 from January 2014 to July 2014.
(4)
			 Notwithstanding section (3) of this rule, if the utility's under collection for
			 tariffed services was the result of fraud, tampering, diversion, theft,
			 misinformation, false identification, or other unlawful conduct on the part of
			 the customer or former customer of the water utility, the water utility may
			 collect full payment for any amount owed without limitation.
(5) When a water utility issues a bill to
			 collect under collected amounts, a current or former customer of a water
			 utility may enter into a time-payment agreement as provided in OAR
			 860-036-1420. If the customer is already on a time-payment plan, the utility
			 must offer to renegotiate the payment plan to include the billing error. If the
			 customer and utility cannot agree upon payment terms, the Commission will
			 establish terms and conditions to govern the customers' obligation. This
			 section does not apply if the corrected billing is the result of the conditions
			 listed in section (4) of this rule.
(6) When a water utility requires payment for
			 amounts previously under collected, the utility must provide a written notice
			 that explains:
(a) The circumstance and time
			 period of the billing error;
(b)
			 The corrected bill amount and the amount of the necessary adjustment:
(c) The Commission's consumer complaint
			 process; and
(d) The right for a
			 current or former customer to enter into a time-payment agreement with the
			 utility.