OAR 860-037-0025
Dispute Resolution

(1)

When a dispute occurs between a customer or applicant and a wastewater utility about any charge or service, the wastewater utility must:

(a)

Thoroughly investigate the matter;

(b)

Promptly report the results of its investigation to the complainant;

(c)

Inform the complainant of the right to have a wastewater utility supervisor review any dispute;

(d)

Prepare a written record of the dispute including the name and address of the complainant involved, the date the complaint was received, the issues in dispute, and the disposition of the matter; and

(e)

Retain records of the dispute for at least 36 months after the investigation is closed.

(2)

If the utility and complainant cannot resolve the dispute, the wastewater utility must inform the complainant of the right to contact the Consumer Services Section and request assistance in resolving the dispute. The wastewater utility must provide the following contact information for the Consumer Services Section:

(a)

Telephone: 503-378-6600; 1-800-522-2404; TTY 711;

(b)

Mailing address: Public Utility Commission of Oregon, Consumer Services Section, PO Box 1088, Salem, Oregon 97308;

(c)

Physical address: Public Utility Commission of Oregon, 201 High Street SE, Suite 100, Salem, Oregon 97301;

(d)

Electronic mail address: puc.consumer@state.or.us; and

(e)

Website: http://puc.state.or.us/consumer/customer%20 complaint%20process.pdf.

(3)

The Consumer Services Section will investigate any dispute upon request to determine whether it can be resolved as an informal complaint.

(4)

If the Consumer Services Section cannot resolve the dispute, the complainant may file a formal written complaint with the Commission under ORS 756.500 (Complaint). The formal complaint must be submitted on an approved form available from the Consumer Services Section.

(a)

The complaint must be filed electronically with the Filing Center @PUC.FilingCenter@state.or.us.

(b)

If the complainant does not have access to electronic mail,

(A)

The complaint may be mailed or delivered to the Filing Center at the address set out in OAR 860-001-0140 (General); and.

(B)

The complaint must include a request for waiver of electronic service and filing requirements. This request is included on the form available from the Consumer Services Division.

(c)

The Commission will serve the complaint on the wastewater utility. The Commission may electronically serve the utility with the complaint if the electronic mail address is verified prior to service of the complaint and the delivery receipt is maintained in the official file.

(d)

The wastewater utility must answer the complaint within 15 days of service of the complaint by the Commission.

(e)

The Commission will determine a procedural schedule after the wastewater utility’s answer is filed. The wastewater utility must serve a copy of its answer on the complainant.

(A)

If the wastewater utility files a motion to dismiss, the complainant may file a response within 15 days of the motion. If the complainant responds, the complainant must file the response with the Filing Center and send a copy to the utility. The Commission may make a decision the formal complaint based on the information in the complaint, the utility’s response and motion to dismiss, and the complainant’s response to the utility’s motion; or

(B)

The Commission may set a procedural schedule for the complaint proceedings, including, but not limited to, scheduling dates for receiving additional information from the parties, telephone conferences, or a hearing. A hearing may be held on less than 10 days’ notice when good cause is shown.

(5)

Upon filing a formal complaint, the complainant may request a hearing to determine whether the complainant is entitled to continued or restored service pending the resolution of the complaint. Unless extraordinary circumstances exist, the Commission will conduct the hearing by telephone within 3 business days. Notice of the hearing will be provided to the complainant and the wastewater utility at least 12 hours before the date and time of the hearing. Pending resolution of the dispute, the complainant’s obligation to pay undisputed amounts continues.

(6)

A complainant who has a registered dispute or formal complaint pending with the Commission is entitled to continued or restored service provided:

(a)

Service was not terminated for tampering with utility property, stealing, diverting, or using unauthorized service, or failure to establish credit;

(b)

A bona fide dispute exists in which the facts asserted entitle the complainant to service;

(c)

When termination of wastewater service is based on nonpayment, the customer agrees to pay undisputed charges; and

(d)

The complainant diligently pursues conflict resolution under the Commission’s rules.

(7)

If the conditions in section (6) of this rule are not satisfied, the wastewater utility has no obligation to provide continued service. A wastewater utility discontinuing water service because of a customer’s failure to meet the conditions of subsections (6)(c) or (6)(d) of this rule for wastewater utility service must give the customer a five-day disconnect notice. The notice must be served in the same manner as provided by OAR 860-037-0245 (Disconnection Procedures for All Customers of Wastewater Utility Services), except that it need only describe the defect in performance, the date and time when water service will be disconnected in order to terminate wastewater service and the toll-free number of the Commission’s Consumer Services Section.

Source: Rule 860-037-0025 — Dispute Resolution, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=860-037-0025.

860–037–0001
Scope and Applicability of Rules 860–037–0005
Applicability and Formal Requirements 860–037–0010
Definitions 860–037–0015
Information for Customers and Applicants 860–037–0020
Designation of Third Party to Receive Notices 860–037–0025
Dispute Resolution 860–037–0030
Applications for Water/Wastewater Utility Service 860–037–0035
Establishing Credit for Residential Service 860–037–0040
Deposit Payment Arrangements for Residential Wastewater Service 860–037–0045
Interest on Deposits for Residential and Nonresidential Service 860–037–0050
Refund of Wastewater Utility Deposits 860–037–0055
Installation of Wastewater Service Connection 860–037–0060
Installation of Main Line Extension 860–037–0065
Design, Construction, and Operation 860–037–0067
Wastewater Disposal 860–037–0070
Interruption of Service 860–037–0075
Refusal of Service 860–037–0080
Restrictions on Entering a Customer Residence 860–037–0095
Annual Fees Payable to the Commission by a Wastewater Utility 860–037–0097
Estimated Annual Fees Payable to the Commission by a Wastewater Utility 860–037–0101
Wastewater Service Charges 860–037–0105
Bill Forms 860–037–0110
Due and Payable Period 860–037–0115
Late-Payment Charge 860–037–0120
Adjustment of Bills 860–037–0125
Transfer Billings 860–037–0205
Grounds for Terminating Customer Wastewater Service by Disconnecting Water Service 860–037–0210
Voluntary Water Disconnection for Wastewater Service 860–037–0215
Emergency Water Disconnection for Wastewater Service 860–037–0220
Disconnection of Water Service on Weekends and Holidays 860–037–0225
Accounts Not Related to Residential Service 860–037–0230
Disconnection of Wastewater Service to Tenants 860–037–0235
Multilingual Disconnection Notice 860–037–0240
Reconnection Fee 860–037–0245
Disconnection Procedures for All Customers of Wastewater Utility Services 860–037–0307
Wastewater Utility Compliance Enforcement by Commission Appointment of Regent to Operate and Manage a Wastewater System 860–037–0308
Expenditure of Fees Collected Under ORS 756.310 to Make Emergency Repairs 860–037–0309
Commission-Assessed Civil Penalties for Noncompliance 860–037–0310
Maps and Records 860–037–0320
Location of Underground Facilities 860–037–0325
Construction, Safety, and Reporting Standards for Wastewater Utilities 860–037–0330
Attachments to Poles and Conduits Owned by Public, Telecommunications, and Consumer-Owned Utilities 860–037–0405
Relating to New Wastewater Utilities 860–037–0407
Request for Rate Regulation of an Association within the Boundaries of a City 860–037–0410
Tariff Specifications 860–037–0415
Tariff Contents 860–037–0420
Tariff Changes Require 30 Days’ Notice to the Commission 860–037–0425
Announcement of Tariff Changes 860–037–0430
Applications to Make Tariffs or Rate Schedules Effective on Less Than Statutory Notice 860–037–0435
Requirements for Filing Tariffs or Schedules Changing Rates 860–037–0440
Requirements for Filing Tariffs or Schedules Naming Increased Rates 860–037–0445
Tariff Changes Effective with Service Rendered 860–037–0450
Notice to Interested Persons 860–037–0505
Form and Filing of Applications 860–037–0510
Notice and Approval Requirements Relating to the Sale, Transfer, Merger, Termination, Abandonment, or Disposal of a Wastewater Utility 860–037–0515
Applications for Authority to Sell, Lease, Assign, Mortgage, Merge, Consolidate, or Otherwise Dispose of or Encumber its Property, or to Acquire Stock, Bonds, or Property of Another Public Utility 860–037–0517
Acquisition Adjustment 860–037–0520
Application by a Wastewater Utility for Authority to Issue Wastewater Stocks, Bonds, Notes, or Other Securities 860–037–0525
Applications for Authority to Guarantee Indebtedness 860–037–0530
Applications for Approval of Transactions Between Affiliated Interests 860–037–0535
Information Required Regarding Wastewater Utility Goods or Services Provided to Affiliated Interests 860–037–0540
Timeliness of Applications Made Under OAR 860-037-0530 and Filings Made Under OAR 860-037-0535 860–037–0545
Applications for Waiver of Requirements Under OARs 860-037-0530 and 860-037-0535 860–037–0547
Allocation of Costs by a Wastewater Utility 860–037–0550
Special Contracts 860–037–0555
Relating to City Fees, Taxes, and Other Assessments 860–037–0560
Relating to Local Government Fees, Taxes, and Other Assessments 860–037–0565
Accounting for Director’s Fees 860–037–0567
Accounting for Contributions in Aid of Construction (CIAC) 860–037–0570
Accounting for Construction Work In Progress (CWIP) 860–037–0605
Preservation and Destruction of Records 860–037–0610
Uniform System of Accounts for Wastewater Utilities 860–037–0625
Annual Reports 860–037–0630
Use of Deferred Accounting as it Applies to Wastewater Operations by Wastewater Utilities
Last Updated

Jun. 8, 2021

Rule 860-037-0025’s source at or​.us