§512.320. Dispute Resolution

 

a)         A residential or small commercial retail customer has the right to make a formal or informal complaint to the Commission, and an AGS contract cannot impair this right.

 

b)         A customer or prospective customer for natural gas supply service may submit a complaint by U.S. mail, facsimile transmission, email or telephone to an AGS.  The AGS shall initiate an investigation and advise the complainant of the status or any results of that investigation within 14 calendar days.  If the AGS responds to the customer's or prospective customer's complaint verbally, the AGS shall inform the customer or prospective customer of the ability to request and obtain the AGS' response in writing.  When the AGS responds, a customer or prospective customer shall be informed of the right to file a complaint with the Commission or the Office of the Illinois Attorney General.

 

c)         Complaints to the Commission

 

1)         Informal Complaints (see 83 Ill. Adm. Code 200.160)

 

A)        The AGS shall inform the complainant of the complainant's ability to file an informal complaint with the Commission's Consumer Services Division (CSD) and provide contact information for the CSD.  Informal complaints may be filed with the CSD by phone, via the internet, by fax or by mail. Information required to process a customer's informal complaint includes: 

 

i)          The customer's name, mailing and service addresses, and telephone number;

 

ii)         The name of the AGS;

 

iii)        The customer's natural Gas Utility and AGS account numbers;

 

iv)        An explanation of the facts relevant to the complaint;

 

v)         The complainant's requested resolution; and

 

vi)        Any documentation that supports the complaint, including copies of bills or terms of service documents.

 

B)        The Commission's CSD may resolve an informal complaint via phone by completing a three-way call involving the customer, the CSD staff and the AGS.  If no resolution is reached by phone and a dispute remains, the CSD may send an informal complaint to the AGS. In the case of gas utility consolidated billing, the AGS shall notify the gas utility of any informal complaint received and the gas utility shall follow the procedures outlined in its billing service agreement with the AGS to withhold collection activity on disputed AGS charges on the customer's bill.

 

C)        The AGS shall investigate all informal complaints and advise the CSD in writing of the results of the investigation within 14 days after the informal complaint is forwarded to the AGS.

 

D)        The CSD shall review the complaint information and the AGS’ response and notify the complainant of the results of the Commission's investigation.

 

E)        While an informal complaint process is pending: 

 

i)          The AGS shall not initiate collection activities for any disputed portion of the bill until Commission staff has closed the informal complaint; and

 

ii)         A customer shall be obligated to pay any undisputed portion of the bill and the AGS (or the natural gas utility in the case of presenting the AGS’ charges on a consolidated bill) may pursue collection activity for nonpayment of the undisputed portion after appropriate notice.

 

F)         The AGS shall keep a record for two years after closure by the CSD of all informal complaints.  This record shall show the name and address of the complainant and the date and nature and adjustment or disposition of the informal complaint.

 

2)         Formal Complaints.  If the complainant is not satisfied with the results of the informal complaint process, the complainant may file a formal complaint with the Commission pursuant to Sections 10-101 and 19-115(d) of the Act and 83 Ill. Adm. Code 200.170.