1. (a) Informal complaints.

   1. (1) Information required.

      1. (A) Complaints may be in written or oral form.
      2. (B) Complainants shall give:

2. (i) A name;

   1. (ii) An address;

      1. (iii) The name of the utility involved;

         1. (iv) The account number if known;
         2. (v) A detailed description of the complaint; and
         3. (vi) The desired result.

   2. (2) Notice to customer and utility. Within three (3) business days after receiving an informal complaint, the Arkansas Public Service Commission shall:

      1. (A) Explain complaint procedures to the complainant by telephone or in writing; and
      2. (B) Provide the details of the complaint to the utility.

   3. (3) Utility contact for complaints.

      1. (A) Each utility shall give the Arkansas Public Service Commission’s Consumer Services Office a current list of personnel who answer Arkansas Public Service Commission questions about complaints.
      2. (B) A utility representative with the authority to process Arkansas Public Service Commission questions about complaints must always be available during business hours.
      3. (C) Utilities shall immediately report any change in the contact personnel to the Arkansas Public Service Commission’s Consumer Services Office.

   4. (4) Arkansas Public Service Commission requests for information.

      1. (A) Under Arkansas Code § 23-2-309, the Arkansas Public Service Commission may, at any time, require a utility to furnish any information that may be in its possession concerning rates, tolls, fares, charges, or practices used in conducting its service.

      2. (B) Requests may include, but are not limited to:

         1. (i) Copies of correspondence, internal memoranda, and reports to the customer; and
         2. (ii) An itemized billing history which includes all:
3. (a) (a) Billed amounts;

4. (b) (b) Applicable billing and due dates;

   1. (c) (c) Information contained on shut-off notices;

      1. (d) (d) Customer payments;
5. (e) (e) Suspensions; and

6. (f) (f) Reconnections.

   1. (5) Utility responses to requests for information.

      1. (A) A utility shall respond to Arkansas Public Service Commission requests for information concerning any complaints as quickly as possible but not later than fifteen (15) calendar days after receipt.

      2. (B) The utility:

         1. (i) Shall respond directly to the Arkansas Public Service Commission; and
         2. (ii) Shall not initiate contact or correspond with the complainant, unless first authorized by a representative of the Arkansas Public Service Commission’s Consumer Services Office.

   2. (6) Effect of complaint on suspension.

      1. (A)

         1. (i) When a customer disputes a utility’s reason for shutting off service, the utility shall not suspend service while the utility or the Arkansas Public Service Commission processes the complaint.
         2. (ii) If the utility’s reason for shutting off service is 23 CAR § 455-601(1), (4) – (6), (8), (15), or (17), the customer may be required to post a deposit with the utility equal to the disputed amount while the utility or the Arkansas Public Service Commission processes a complaint.
         3. (iii) The customer must pay any undisputed amounts by the date printed on the most recent shut-off notice to avoid suspension of service.
         4. (iv) If the utility is in error, the deposit will be refunded with interest.
      2. (B) The utility may waive the deposit allowed by this section.
      3. (C) Nothing contained in 23 CAR § 455-207(a)(6)(A) shall prevent a customer who fails to post a deposit under this section from filing a formal complaint with the Arkansas Public Service Commission.
      4. (D) The utility may suspend service for some other valid reason set out in 23 CAR § 455-601 while the utility or the Arkansas Public Service Commission processes the complaint.

   3. (7) Arkansas Public Service Commission investigation and report.

      1. (A) The Arkansas Public Service Commission shall:

         1. (i) Investigate each informal complaint;
         2. (ii) Issue an informal complaint investigation report to the complainant; and
         3. (iii) Notify the utility of the results of the investigation.
      2. (B) The Arkansas Public Service Commission will provide the utility a copy of any written investigation report given to the complainant.

   4. (8) Disputed results.

      1. (A) The utility or the complainant may file a formal complaint if not satisfied with the informal complaint results.
      2. (B) The Arkansas Public Service Commission shall provide information to the complainant that explains formal complaint procedures.

7. (b) Formal complaints.

   1. (1) Who may file.

      1. (A) Any chamber of commerce or board of trade, mercantile, agricultural, or manufacturing association, any public utility, any municipality, any customer of a public utility, any person unlawfully treated by a public utility, or any public utility unlawfully treated by a customer may complain to the Arkansas Public Service Commission in writing.
      2. (B) Any consumer or prospective consumer of any utility service may complain to the Arkansas Public Service Commission about the service, furnishing of service, or any discrimination in service or rates (Arkansas Code § 23-3-119).

   2. (2) Procedures.

      1. (A) Complaints must first be made to the utility before they are made to the Arkansas Public Service Commission.

      2. (B)

         1. (i) The complaint shall be filed according to the Arkansas Public Service Commission’s Rules of Practice and Procedure, 23 CAR pt. 462.
         2. (ii) Sample copies of formal complaints and instructions are available from the Arkansas Public Service Commission.

Codification Notes: This section was promulgated as Rule 2.07 of the General Service Rules prior to codification in the Code of Arkansas Rules.