Rule 20e

E. Consumer Complaints

Section 1. Intent, Application and Scope. - It is the Commission’s intent that disputes between regulated companies and their customers are resolved as quickly, effectively, and inexpensively as possible. This rule establishes informal customer complaint procedures that are designed to address disputes, subject to the Commission’s jurisdiction, that occur between distribution utilities and individual customers. It provides for expedited processes for customer complaints that can be resolved quickly by the customer and the distribution utility. It also provides a process for informal Commission staff resolution of complaints that cannot be resolved by the distribution utility and the customer.

(a) Any customer of a distribution utility may file a complaint with the Commission’s Consumer Affairs Service or with its Visayas or Mindanao Field Offices whenever the customer has an unresolved dispute with the distribution utility regarding the electric service that is subject to the Commission’s regulation. The complaint shall be communicated in writing. The complaint shall include the name of the distribution utility against which the complaint is made, the name of the customer and the customer’s service address, and a description of the complaint.

(b) The Commission staff handling the complaint will determine if the customer has earlier contacted the distribution utility and referred the complaint to the distribution utility’s Consumer Welfare Desk (CWD) officer for resolution. If the customer has not yet contacted the distribution utility, the Commission staff will advise the customer to refer the complaint first to the distribution utility’s CWD officer.

(c) If the complaint has already been referred to the distribution utility’s CWD officer and no resolution has been reached, the Commission staff shall notify the distribution utility of the complaint and request a written response from the distribution utility within five (5) days from receipt of the notice, copy furnished the customer. The notification to the distribution utility by the Commission staff will be addressed to the distribution utility’s CWD officer or any other responsible officer.

(d) The distribution utility’s response to the Commission staff shall explain the likely cause of the problem, all actions taken by the distribution utility to resolve the customer’s complaint at the CWD level, and the distribution utility’s proposed resolution of the complaint and shall answer every specific question raised by the Commission staff in the notification. The distribution utility’s response shall also include communications sent to the customer that contain the distribution utility’s proposed resolution of the complaint or statement of position in addressing or resolving the complaint.

(e) If a customer objects to the distribution utility’s response to the complaint or rejects the distribution utility’s proposed resolution thereof, the customer may request further review of the complaint by Commission staff. Commission staff will then propose a resolution of the complaint. Before coming up with a proposed resolution of the complaint, the Commission staff may conduct informal conference between the parties and direct the submission of copies of bills, billing statements, field reports, photographs, documents, or other information in the participants’ possession that may be necessary.

(f) If the proposed resolution is acceptable, the customer and the distribution utility shall manifest their acquiescence thereto in writing. If the customer or the distribution utility is not in agreement with Commission staff’s proposed resolution and no other resolution is agreed upon by the parties, the complaint shall be endorsed for hearing and dispute resolution by the Commission.

(a) After the Commission staff endorses the complaint for hearing, the customer shall be required to verify his or her complaint, if the same has not yet been verified, and the complaint shall be docketed as a consumer complaint and assigned a case number. Thereafter, the Commission shall issue an order requiring the respondent to file its answer thereto within fifteen (15) days from receipt of the order. If the respondent fails to file its answer within the period, the Commission shall render a decision based on the records.

(b) After respondent files its answer, the Commission shall determine if the case can be tried under the summary procedure in Section 2 of Rule 17. If the Commission determines that this procedure is applicable, it shall issue an order to this effect as stated in Section 2 of Rule 17. If the Commission determines otherwise, it shall set the case for pre-trial conference and require the parties to submit their pre-trial briefs in accordance with Section 3 of Rule 16.