65-407-815 Me. Code R. § 8

Current through 2024-51, December 18, 2024
Section 407-815-8 - BILLING AND PAYMENT STANDARDS
A.Bill frequency

A Utility must bill on a regular recurring basis and must offer at least one monthly billing option.

B.Due date of bills

The due date of a Bill must be at least 25 days after the Bill is mailed or otherwise delivered to the Customer. A Bill is considered "mailed" on the date the Bill is postmarked. If there is no postmark, the Utility must date the Bill and mail the Bill on or before the date on the Bill.

C.Bill content

Each Bill issued by a Utility must clearly state the following minimum information:

1. The beginning and ending dates of the period for which service was provided.
2. The beginning and ending meter readings for the billing period and the difference between the two meter readings, unless the Customer's usage was estimated for that billing period pursuant to section 8(M).
3. The due date by which payment must be made and that after this date the account will be considered overdue and late fees imposed, if authorized.
4. The amount due for service provided during the current billing period.
5. An itemization of State and Federal taxes.
6. An itemization of all other current unpaid charges, including, if applicable, installation fees, reconnection fees, deposit payments, and late payment fees which have accrued to the Customer's account. A Utility may not separately list line items on the Bill that do not represent a separate, discrete Utility service or a State or Federal tax; with the exception of charges related to stranded costs or public policy programs and charges related to electric conservation programs.
7. The total amount of all payments or other credits made to the Customer's account during the current billing period.
8. The amount overdue, if applicable.
9. The account balance.
10. A clear and conspicuous marking of all estimates.
11. The address and toll-free telephone number of the Utility where the Customer may write or call to ask questions or dispute the Bill with the Utility.
12. A designation of the applicable class of service as stated in the Utility's approved rate schedule.
13. The toll-free telephone number of the Commission's Consumer Assistance and Safety Division (CASD) and a statement of the services available from CASD. Each Utility must obtain advance approval from the Director of CASD for such language. Utility
D.Additional Billing Requirements for Electric Investor-owned Transmission and Distribution Utilities
1. Electric investor-owned transmission and distribution utilities must include, once per year, as an insert or attachment to Customer Bills, an informational chart or charts produced by the Commission that displays a 10-year history of transmission, distribution, and standard-offer service rates for the Customer's current rate class, along with a statement of the total percentage change in transmission, distribution and standard-offer service rates over the 10-year period. The insert must direct the Customer to the Utility's website where they may access such information for all rates available to the Customer's rate class. The Commission will post these charts on the Commission's website.
2. Electric investor-owned transmission and distribution utilities must provide to the Commission annually by April 1 information regarding the average rate, including transmission, distribution and standard-offer rate components, of each rate class for the prior 10-year period on a calendar-year basis. Rate information must be the average revenue per kWh. The Commission will develop an informational chart for the utilities to include in Customer Bills pursuant to Section 8(D)(1) above.
E.Bill format

The Bill format must include:

1. sufficient information so that the ordinary Customer can understand the basic components of the Bill;
2. gas utilities must provide comparative usage information for at least the prior 13-month period;
3. Electric investor-owned transmission and distribution utilities must provide Customers comparative usage information for the prior 24-month period that compares each month's usage between the first 12 months and the second 12 months of the 24-month period. This must include the equivalent billing month usage two years prior. Comparative usage data will be provided to residential, small commercial, and medium commercial Customers. Comparative usage information on transmission and distribution Utility Bills must be provided as monthly kWh usage;
4. definitions of technical terms used in the Bill; and
5. sufficient separation between sections, type size and visual highlighting to make the Bill uncluttered and easy to read.
F.Billing errors and previously unbilled service

A Utility must promptly notify a Customer in writing of a billing error after it discovers or is notified of the error. An explanation of the credit or charge on the Bill or in a Bill insert that accompanies the Bill containing the credit or charge that explains the error will meet the notice requirement of this Section. The Utility must correct the error within 45 days of discovery or notice and investigate the possibility that the billing error may affect multiple Customers. Discovery of the error is the point in time when the Utility first becomes aware of the billing error; or, if notice of the error is provided by a third party, discovery of the error is when the Utility confirms that a billing error was made. In the latter situation, the decision regarding whether or not a billing error occurred must be made within 14 days of the Utility's receipt of the third party's notice of the error. If more than 10 Customers are affected by the billing error, the Utility must immediately notify CASD.

1.Make-up bills

A Utility may issue a corrected Bill for previously unbilled service, including standard offer service, caused by a billing error, failure to read the Customer's meter pursuant to Section 8(M), or a meter malfunction, for service that was provided in the previous 12 months. In these circumstances, the Utility must either apportion the usage evenly over the period in which the unbilled usage occurred or apportion the unbilled amount pursuant to the Utility's usage algorithm. Once the usage has been properly apportioned over the unbilled period, the Utility may re-bill the Customer based on the approved rate schedule rates in effect during the unbilled usage period. A Utility may also agree to a settlement that abates all or a portion of the previously unbilled service.

a. If the make-up Bill is for service that was previously unbilled because of unauthorized use or Fraud by the Customer, the Utility may bill for service that occurred up to six years before the issuance of the "make-up" Bill.
b. When a Utility issues a make-up Bill, it must notify the Customer in writing of the right to a Payment Arrangement for the previously unbilled amount. The terms of a Payment Arrangement negotiated for the previously unbilled amount should take into account the period during which the unbilled service accrued, the length of time between the usage and the issuance of the bill, and the reason for the unbilled amount.
2.Credits and Refunds

A Utility must credit or refund any amount billed in excess of correct rates or any amount the Customer should not have been charged, including standard offer service, within the previous six years from the date of the Utility's discovery or its notification of the error. In these situations, a Utility may credit accounts of active Customers or issue a refund and must refund non-active Customer accounts, unless the non-active Customer has an unpaid balance with the Utility. In these situations, the Utility may credit the non-active Customer's unpaid balance and any remaining credit must then be refunded to the non-active Customer.

G.Payment
1.Extension of due date required

If the due date for payment falls on a Saturday, Sunday, legal holiday, or any other day when the Utility's offices are not open for business, the Utility must extend the due date to the next business day.

2.Payment by mail

If the Customer sends payment by mail, payment is made on the date the Utility receives the payment.

3.Electronic payment

If the Customer pays a Bill electronically from a Utility's authorized vendor, either over the phone or the internet, the Utility must consider the payment "received," for the purpose of avoiding credit action and a late payment charge, at the date and time the transaction is executed by the Customer.

4.Payment at a remote office

If the Customer pays at a branch office or authorized agency of the Utility, the Utility must consider the payment "received" for the purpose of avoiding credit action and a late payment charge at the date and time the transaction is executed by the Customer.

5.Conflicting due dates

When a Utility provides a Customer with multiple notices or contacts containing different due dates, payment is due on or before the latest due date provided, with the exception of notices issued pursuant to section 10(H) (payment not honored), which supersede all other notices.

H.Late payment charges and returned check charges

Utilities must comply with Chapter 870 of the Commission's rules relating to late payment charges and returned check charges.

I.Application of partial payments

When a Utility receives payment that is insufficient to pay the full Account Balance, the Utility must apply payment to the oldest balance due, unless instructions from the Customer, a disputed bill, or a Payment Arrangement requires otherwise.

J.Non-basic Utility service

A Utility must either issue a separate Bill for non-basic Utility service or apply partial payments first to basic charges and then to non-basic charges.

K.In-person payment locations

A Utility must maintain a reasonable number of locations throughout its service territory where Customers may pay bills in person. Utilities may charge a fee for processing in- person payments pursuant to a rate schedule approved by the Commission.

L.Transfer of service and collection of unpaid account balances
1.Transfer to a new account

When a Customer requests a transfer of service to a new location, a Utility may without prior notice transfer the Customer's current Account Balance to the Customer's new account, provided that the new account is the same type as the old account, i.e., residential or non-residential, and the transfer takes place within 60 days of the activation of service at the new location or the closing of the prior service, whichever date is later. Utilities are prohibited from transferring Account Balances from a residential account to a non-residential account and vice versa. In situations where a landlord is responsible for a common area meter, which is considered a business account, and also chooses to have service for the individual rental units placed in the landlord's name in between tenants, a Utility may transfer the balance from the individual units (residential) to the common area (business) account.

2.Transfer of multiple accounts
a. Account Balance. In situations where a Customer maintains multiple accounts and chooses to close an account with an Account Balance, a Utility may transfer the Account Balance to a remaining, active account, provided the accounts are the same, i.e., residential to residential or business to business. Any transfer must be made within 60 calendar days of the account being closed. In these situations, a Utility may not transfer a residential Account Balance to a business account and vice versa.
b. Credit balance. In situations where a Customer maintains multiple accounts and chooses to close an account with an account credit, the credit must be refunded to the Customer, unless the Customer requests that the credit be applied to another account. The refund or credit must be provided within 60 calendar days of the Customer closing the account.
3.Transfer of unpaid Account Balance to a guarantor

If a Customer is disconnected, a Utility may transfer to the account of a third party guarantor any portion of the account balance which is equal to the cash deposit requirement of the Customer.

4.Fraud or misrepresentation

If a Utility discovers that a Customer has a previous Account Balance incurred due to Fraud or misrepresentation, the Utility may transfer the unpaid Account Balance to the Customer's current account within 30 days of the Utility's discovery of the Fraud or misrepresentation.

5.Compliance with this Section

If an unpaid Account Balance is not transferred according to paragraphs 1, 2, or 3 above, a Utility cannot demand or collect it from a current Customer by any means authorized by this Rule.

6.Pending disconnection notice

If a disconnection notice is pending when a Customer requests transfer of service to a new location, the Utility may continue the Disconnection process at the new location. If the notice required by Section 10(D) has been issued and the contact required by Section 10(L)(2) has been attempted and service has not been disconnected because the Customer has refused access to the Customer's premises, the Utility may deny service at a new location when the Customer requests a transfer of service.

M.Meter reading

A Utility must obtain actual meter readings on a monthly basis, unless:

1. extreme weather conditions, emergencies, equipment failure, work stoppages or other similar circumstances prevent an actual meter reading by Utility employees;
2. a meter that electronically relays readings to the Utility office malfunctions or is otherwise unable to relay a reading. In these situations, a Utility must obtain an actual meter reading by the following month and must correct the malfunction, fix the relay issue or otherwise make arrangements for actual meter reads to be obtained from that point forward;
3. the Utility must have access to the Customer's premises to obtain a reading and the Utility is unable to gain access after using reasonable efforts to obtain access;
4. the Customer has opted-out of the Utility's remote metering program by choosing a meter that is not set up for electronically relaying readings;
5. a Customer is billed on a seasonal basis according to terms included in the rate schedule of the Utility.

An "actual meter read" includes an electronically relayed reading.

N.Past usage

As required by 14 M.R.S.A., §6045, upon request, a transmission and distribution Utility must provide free of charge to current or prospective Customers, tenants or property owners residential electric energy consumption and cost information for a dwelling unit for the prior 12-month period or figures reflecting the highest and lowest electric energy consumption and cost for the previous 12 months. The cost must include and separately identify the cost of the transmission and distribution Utility's services and the cost of electricity. If a unit has been occupied for a period of less than 12 months or for any other reasons the Utility does not have information regarding electricity consumption or costs for a period of 12 months, the Utility must estimate the unit's annual kilowatt-hour consumption or cost. The estimated cost must be based on the applicable standard-offer service price or default service price established by the Commission.

65-407 C.M.R. ch. 815, § 8