OAR 860-036-1440
Adjustment of Utility Bills


(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 (Time-Payment Plans for Residential Water Service). 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.

(7)

A billing adjustment is not required if a water meter registers less than a two percent error under conditions of normal operation.

(8)

The water utility may waive rebilling or issuing a refund check when the costs make such action uneconomical.

Source: Rule 860-036-1440 — Adjustment of Utility Bills, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=860-036-1440.

860‑036‑1000
Scope and Applicability of Rules
860‑036‑1010
General Definitions
860‑036‑1050
Annual Fees Payable to the Commission by a Water Utility
860‑036‑1060
Estimated Annual Fees Payable to the Commission by a Water Utility
860‑036‑1100
Information for Applicants and Customers
860‑036‑1110
Water Utility Emergency and Nonemergency Response Requirements
860‑036‑1120
Designation of Third Party to Receive Copies of Bills and Notices
860‑036‑1150
Dispute Resolution
860‑036‑1160
Continued or Restored Service Pending Informal or Formal Dispute
860‑036‑1200
Applications for Water Utility Service
860‑036‑1210
Establishing Credit for Residential Service
860‑036‑1220
Deposits for Residential Service
860‑036‑1230
Surety Agreements
860‑036‑1240
Deposit Payment Arrangements for Residential Service
860‑036‑1250
Interest on Deposits for Residential and Nonresidential Service by Rate-Regulated Utilities
860‑036‑1260
Refund of Deposits
860‑036‑1270
Refusal of Water Utility Service
860‑036‑1300
Water Service Connection
860‑036‑1310
Main Line Extensions
860‑036‑1320
Temporary Service
860‑036‑1330
Restrictions on Entering a Customer Residence
860‑036‑1350
Use of Water Meters
860‑036‑1360
Customer Requested Meter Tests
860‑036‑1370
Meter Readings
860‑036‑1400
Customer Billings
860‑036‑1410
Application of Partial Payments
860‑036‑1420
Time-Payment Plans for Residential Water Service
860‑036‑1430
Late-Payment Charge
860‑036‑1440
Adjustment of Utility Bills
860‑036‑1450
Transfer Billings
860‑036‑1500
Grounds for Involuntary Disconnection
860‑036‑1510
Required Notices for Involuntary Disconnection
860‑036‑1520
Delivery of Notices for Involuntary Disconnection
860‑036‑1530
Water Utility Requirements on the Day of Involuntary Disconnection
860‑036‑1540
Disconnection of Service on Weekends and Holidays
860‑036‑1550
Disconnection of Water Service to Tenants
860‑036‑1560
Voluntary Disconnection
860‑036‑1570
Reconnection of Residential Water Service
860‑036‑1580
Disconnection, Reconnection, and Field Visit Charges
860‑036‑1590
Tampering with Water Utility Facilities, Theft, or Unauthorized Use of Water
860‑036‑1600
Adequacy of Water Service
860‑036‑1610
Quality of Water Supply for Domestic Purposes
860‑036‑1620
Water Utility Responsibilities Regarding Service Complaints
860‑036‑1630
Unscheduled Interruptions of Service
860‑036‑1640
Scheduled Interruptions of Service
860‑036‑1650
Adequate Water Pressure Required
860‑036‑1660
Customer Requested Pressure Test
860‑036‑1670
Water Use Restrictions
860‑036‑1680
Cross Connection Control
860‑036‑1690
Maps and Records
860‑036‑1700
Appointment of Regent to Operate and Manage a Water System
860‑036‑1710
Expenditure of Charges Collected Under ORS 756.310 to Make Emergency Repairs
860‑036‑1720
Commission-Assessed Civil Penalties for Noncompliance
860‑036‑1800
Service Territory Allocation Definitions
860‑036‑1810
Allocation of Service Territory
860‑036‑1820
Filing an Application to Expand Exclusive Service Territory
860‑036‑1830
Reduction of Approved Service Territory Boundaries
860‑036‑1840
Transfer of Approved Service Territory
860‑036‑1850
Exclusive Obligation to Serve
860‑036‑1900
Regulation of Water Utilities
860‑036‑1910
Threshold Levels for Rate Regulation of Water Utilities Serving less than 500 Customers
860‑036‑1920
Notice Requirements and Customers Right to Petition for Rate Regulation
860‑036‑1930
Petition for Rate Regulation of Association by Members
860‑036‑1940
Water Utility Requesting Rate Regulation and Notice Requirements
860‑036‑1950
Removal of Rate Regulation
860‑036‑2000
Tariff Filings
860‑036‑2010
Tariff Content and Advice Letter
860‑036‑2020
Filing a General Rate Revision
860‑036‑2030
Customer Notice Requirements for a General Rate Revision
860‑036‑2100
Form and Filing of Financial Transaction Applications
860‑036‑2110
Application to Terminate, Abandon, or Dispose of a Water System
860‑036‑2120
Application to Dispose of or Acquire Property
860‑036‑2130
Acquisition Adjustment
860‑036‑2140
Filing for Approval of a Special Contract
860‑036‑2150
Application for Authority to Issue Stocks, Bonds, Notes, or Other Securities
860‑036‑2160
Application for Authority to Guarantee Indebtedness
860‑036‑2170
Use of Deferred Accounting
860‑036‑2200
Affiliated Interest Definitions
860‑036‑2210
Applications to Receive or Provide Goods or Services with an Affiliated Interest
860‑036‑2220
Application for Waiver of Requirements under OAR 860-036-2210
860‑036‑2230
Allocation of Costs
860‑036‑2300
Relating to City Charges, Taxes, and Other Exactions
860‑036‑2310
Relating to Local Government Charges, Taxes, and Other Assessments
860‑036‑2350
Annual Report of Results of Operations
860‑036‑2360
Annual Affiliated Interest Report
860‑036‑2370
Uniform System of Accounts
860‑036‑2380
Accounting for Contributions in Aid of Construction (CIAC)
860‑036‑2390
Accounting for Construction Work in Progress (CWIP)
860‑036‑2410
Preservation and Destruction of Records
Last Updated

Jun. 8, 2021

Rule 860-036-1440’s source at or​.us