Section R14-2-212. Administrative and Hearing Requirements

A.      Customer service complaints

1.        Each utility shall make a full and prompt investigation of all service complaints made by its customers, either directly or through the Commission.

2.        The utility shall respond to the complainant and the Com- mission representative within five working days as to the status of the utility investigation of the complaint.

3.        The utility shall notify the complainant and the Commis- sion representative of the final disposition of each com- plaint. Upon request of the complainant or the Commission representative, the utility shall report the findings of its investigation in writing.

4.        The utility shall inform the customer of his right of appeal to the Commission.

5.        Each utility shall keep a record of all written service com- plaints received which shall contain, at a minimum, the following data:

a.         Name and address of the complainant;

b.        Date and nature of the complaint;

c.         Disposition of the complaint; and

d.        A copy of any correspondence between the utility, the customer, and the Commission.

This record shall be maintained for a minimum period of one year and shall be available for inspection by the Commission.

B.       Customer bill disputes

1.        Any utility customer who disputes a portion of a bill ren- dered for utility service shall pay the undisputed portion of the bill and notify the utility’s designated representa- tive that such unpaid amount is in dispute prior to the delinquent date of the bill.

2.        Upon receipt of the customer notice of dispute, the utility shall:

a.         Notify the customer within five working days of the receipt of a written dispute notice.

b.        Initiate a prompt investigation as to the source of the dispute.

c.         Withhold disconnection of service until the investi- gation is completed and the customer is informed of the results. Upon request of the customer the utility shall report the results of the investigation in writ- ing.

d.        Inform the customer of his right of appeal to the Commission.

3.        Once the customer has received the results of the utility’s investigation, the customer shall submit payment within five working days to the utility for any disputed amounts. Failure to make full payment shall be grounds for termi- nation of service.

C.      Commission resolution of service and bill disputes

1.        In the event a customer and utility cannot resolve a ser- vice or bill dispute, the customer shall file a written state- ment of dissatisfaction with the Commission; by submitting such notice to the Commission, the customer shall be deemed to have filed an  informal complaint against the utility.

2.        Within 30 days of the receipt of a written statement of customer dissatisfaction related to a service or bill dis- pute, a designated representative of the Commission shall endeavor to resolve the dispute by correspondence or telephone with the utility and the customer. If resolution of the dispute is not achieved within 20 days of the Com- mission representative’s initial effort, the Commission shall hold an informal hearing to arbitrate the resolution of the dispute. The informal hearing shall be governed by the following rules:

a.         Each party may be represented by legal counsel, if desired.

b.        All such informal hearings may be recorded or held in the presence of a stenographer.

c.         All parties will have the opportunity to present writ- ten or oral evidentiary material to support the posi- tions of the individual parties.

d.        All parties and the Commission’s representative shall be given the opportunity for cross-examination of the various parties.

e.         The Commission’s representative will render a writ- ten decision to all parties within five working days after the date of the informal hearing. Such written decision of the arbitrator is not binding on any of the parties and the parties will still have the right to make a formal complaint to the Commission.

3.        The utility may implement normal termination proce- dures if the customer fails to pay all bills rendered during the resolution of the dispute by the Commission.

4.        Each utility shall maintain a record of written statements of dissatisfaction and their resolution for a minimum of one year and make such records available for Commis- sion inspection.

D.      Notice by utility of responsible officer or agent

1.        Each utility shall file with the Commission, through Docket Control, a written statement containing the name, address (business, residence and post office) and tele- phone numbers (business and residence) of at least one officer, agent or employee responsible for the general management of its operations as a utility in Arizona.

2.        Each utility shall give notice, by filing a written statement with the Commission, through Docket Control, of any

Corporation Commission – Fixed Utilities

change in the information required herein within five days from the date of any such change.

E.       Time-frames for processing applications for Certificates of Convenience and Necessity

1.        This rule prescribes time-frames for the processing of any application for a Certificate of Convenience and Neces- sity issued by the Arizona Corporation Commission pur- suant to this Article. These time-frames shall apply to applications filed on or after the effective date of this rule.

2.        Within 120 calendar days after receipt of an application for a new Certificate of Convenience and Necessity, or to amend or change the status of any existing Certificate of Convenience and Necessity, staff shall notify the appli- cant, in writing, that the application is either administra- tively complete or deficient. If the application  is deficient, the notice shall specify all deficiencies.

3.        Staff may terminate an application if the applicant does not remedy all deficiencies within 60 calendar days of the notice of deficiency.

4.        After receipt of a corrected application, staff shall notify the applicant within 90 calendar days if the corrected application is either administratively complete or defi- cient. The time-frame for administrative completeness review shall be suspended from the time the notice of deficiency is issued until staff determines that the appli- cation is complete.

5.        Within 150 days after an application is deemed adminis- tratively complete, the Commission shall approve or reject the application.

6.        For purposes of A.R.S. § 41-1072 et seq., the Commis- sion has established the following time-frames:

a.         Administrative  completeness  review   time-frame: 120 calendar days;

b.        Substantive review time-frame: 150 calendar days; and

c.         Overall time-frame: 270 calendar days.

7.        If an applicant requests, and is granted, an extension or continuance, the appropriate time-frames shall be tolled from the date of the request during the duration of the extension or continuance.

8.        During the substantive review time-frame, the Commis- sion may, upon its own motion or that of any interested party to the proceeding, request a suspension of the time- frame rules.

F.       Filing of tariffs

1.        Each utility shall file with the Commission, through Docket Control, tariffs which are in compliance with the rules and regulations promulgated by the Arizona Corpo- ration Commission within 120 days of the effective date of such rules.

2.        Each utility shall file with the Commission, through Docket Control, any proposed changes to the tariffs on file with the Commission; such proposed changes shall be accompanied by a statement of justification supporting the proposed tariff change.

3.        Any proposed change to the tariffs on file with the Com- mission shall not be  effective until reviewed  and approved by the Commission.

G.      Accounts and records

1.        Each utility shall keep general and auxiliary accounting records reflecting the cost of its properties, operating income and expense, assets and liabilities, and all other accounting and statistical data necessary to give complete and authentic information as to its properties and opera- tions.

2.        Each utility shall maintain its books and records in con- formity with the Uniform Systems of Accounts for Class A, B, C and D Electric Utilities as adopted and amended by the Federal Energy Regulatory Commission or, for electric cooperatives, as promulgated by the Rural Utili- ties Service.

3.        A utility shall produce or deliver in this state any or all of its formal accounting records and related documents requested by the Commission. It may, at its option, pro- vide verified copies of original records and documents.

4.        All utilities shall submit an annual report to the Commis- sion, through the Compliance Section, Utilities Division, on a form prescribed by it. The annual report shall be filed on or before the 15th day of April for the preceding calendar year. Reports prepared by a certified or licensed public accountant on the utility, if any, shall accompany the annual report.

5.        All utilities shall file with the Commission, through the Compliance Section, Utilities Division, a copy of all annual reports required by the Federal Energy Regulatory Commission and in addition, for electric cooperatives, annual reports required by the Rural Utilities Service.

H.      Maps. All utilities shall file with the Commission, through Docket Control, a map or maps clearly setting forth the loca- tion and extent of the area or areas they hold under approved certificates of convenience and necessity, in accordance with the Cadastral (Rectangular) Survey of the United States Bureau of Land Management, or by metes and bounds with a starting point determined by the aforesaid Cadastral Survey.

I.        Variations, exemptions of Commission rules and regulations. Variations or exemptions from the terms and requirements of any of the rules included herein (14 A.A.C. 2, Article 2) shall be considered upon the verified application of an affected party to the Commission setting forth the circumstances whereby the public interest requires such variation or exemp- tion from the Commission rules and regulations. Such applica- tion will be subject to the review of the Commission, and any variation or exemption granted shall require an order of the Commission. In case of conflict between these rules and regu- lations and an approved tariff or order of the Commission, the provisions of the tariff or order shall apply.

J.        Prior agreements.The adoption of these rules by the Commis- sion shall not affect any agreements entered into between the utility and customers or other parties who, pursuant to such contracts, arranged for the extension of facilities in a provision of service prior to the effective date of these rules.

Historical Note

Adopted effective March 2, 1982 (Supp. 82-2). Amended effective December 31, 1998, under an exemption as determined by the Arizona Corporation Commission (Supp. 98-4). Amended by final rulemaking at 5 A.A.R.

3933, effective September 24, 1999 (Supp. 99-3).

Amended to correct subsection numbering (Supp. 99-4). Amended by exempt rulemaking at 6 A.A.R. 4180, effec- tive October 13, 2000 (Supp. 00-4).