921.09 ADJUSTMENT OF BILLS AND COMPLAINTS.
   (a)   Adjustment of Bills.
      (1)   Fast meters. If the water utility makes a refund to the customer pursuant to Rule 4.4.a. of the Commission’s “Rules for the Government of Water Utilities,” 150CSR3, the sewer utility will make a corresponding adjustment to the sewer charges associated with the same period of time based on the corrected meter reading and the applicable sewer rates.
      (2)   Dead Meters. At any time that a water utility calculates water usage and bills for water service pursuant to the provisions in Rule 4.4.b. of the Commission’s “Rules for the Government of Water Utilities,” 150CSR3, the sewer utility will bill for sewer service for the corresponding time period based on the water usage calculated and billed by the water utility.
      (3)   Leaks on the customer’s side of the meter.
         A.   Each utility shall develop and implement a written policy concerning the adjustment of customer bills where they are based upon metered water consumption or are actually metered sewer lines, and the bill reflects unusual water usage which can be attributed to leakage on the customer’s side of the point of service. Leaking commodes, dripping faucets, malfunctioning appliances and similar situations shall not constitute leaks which entitle the customer to a recalculated bill. The policy shall be maintained in the utility’s office for inspection by the public and shall be applied in a non-discriminatory manner to all customers. The reasonableness of the utility’s policy or practice with respect to a policy shall be subject to Commission review in a formal complaint proceeding.
         B.   The policy shall provide for a recalculated bill to reflect the utility’s incremental cost of treating or purchasing the treatment of the sewage, as contained in the utility’s tariff, for all amounts above the customer’s historic usage. Historic usage shall be defined as the average usage of the preceding twelve (12) months or actual period of service if less than twelve (12) months. If using the historic usage would result in an unreasonable calculation, adjustments may be made. If such adjustments are made, the utility should advise its customer that a dispute regarding such adjustments may be taken to the Commission in the form of an informal complaint. Any amounts which the customer can prove did not enter the sanitary sewer system shall be credited at full tariff rates.
         C.   As an alternative to using the incremental cost of treating or purchasing the treatment of the sewage, the utility may, at its option, use an adjustment which allows it to recover the Commission’s estimate of "typical incremental cost" per thousand gallons of sewage on usage above the historic usage. The Commission shall from time to time establish its estimate of "typical incremental cost" by order.
         D.   However, in future rate cases the utility’s incremental cost of treating or purchasing the treatment of the sewage shall be determined and the rate placed in an appropriate tariff as the leak adjustment rate. After a rate has been determined in a rate case, the utility shall not have the option to use the Commission’s estimate of "typical incremental cost" found in Rule 4.4.c.3.
   (b)   Complaints.
      (1)   Investigation of complaints. Each utility shall make a full and prompt investigation of all complaints made to it by its customers, either directly or through the Commission. In the event that the complaint is not resolved, the utility shall, before service is discontinued, notify the customer that he may file an informal or formal complaint with the Commission.
      (2)   Record of complaints. The utility shall keep a record of all complaints received, which record shall show the name and address of the complainant, the date and character of the complaint, and the adjustment or disposal made thereof.
      (3)   Disposition of records. Records of complaints shall not be destroyed until a summary has been prepared for permanent record, showing the character of complaints made, the number of each type received in each month, and the disposition of the complaints.
   (c)   Disputed Bills. In the event of a dispute between the customer and the utility respecting any bill, the utility shall conduct an investigation and report the result thereof to the customer. In the event that the complaint is not resolved, the utility shall, before water or sewer service is discontinued, notify the customer that he may file an informal or formal complaint with the Commission.
(Passed 3-5-07.)