ERC Consumer Complaint Procedure

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    ENERGY REGULATORY COMMISSION

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    CONSUMER COMPLAINT PROCEDURE

    Filling of Letter Complaint

    (by snail mail, hand carry mail or by email)

    Has been referred to

    Distribution Utilities

    (DU) ConsumerWelfare Desk (CWD)

    NO YES

    Refer to

    DUs CWD,

    resolve?

    YES NO

    Case Terminated

    Commission Staff shall notify the DU of the

    complaint and request a written response

    within 5 days from receipt

    DUs response shall contain the ff.: (1)

    explanation of the likely cause of problem;

    (2) action taken at the CWD level; (3)

    proposed resolution (PR) ; (4) all

    communications sent to the customer that

    contains the proposed resolution.

    Commission Staff shall *review and

    evaluatethe PR and may conduct informal

    conference between the party

    Customer

    objects w/

    the PR

    YES NO

    Case Terminated

    DU shall issue

    Certification

    that CWD

    failed to

    resolved the

    complaint

    Commission Staff shall proposed a

    resolution to the parties

    Cust. & DU

    acquiescence

    to the PR?

    YES NO

    Case Terminated

    Complaint shall be endorsed for hearing

    and dispute resolution

    A

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    A

    Customer shall be required to verify his

    complaint if not yet verified (as in the case

    of Letter Complaint)

    Commission shall issue an order requiring

    the respondent to file his answer within 15

    days from receipt

    Answer was filed

    w/in the

    required period?

    YES NO

    Commission shall render adecision based on records

    Commission shall determine ifthe case can be tried under

    the summary procedure

    Summary

    procedure

    applicable?

    YES NO

    Commission shall issue an

    order that the case shall be

    tried under summary

    procedure

    Commission shall set the case

    for conference

    YES

    Case Terminated

    B

    Possible

    settlementYES NO

    Case TerminatedProceed to Pre-trial. The

    Commission may order the

    submission of pre-trial brief 5

    days before the hearing date

    Pre-Trial Conference

    Upon termination of the pre-

    trial conference, the

    Commission shall issue a Pre-

    trial order

    C

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    ENERGY REGULATORY COMMISSION

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    SUMMARY PROCEDURE

    B

    Commission shall

    determine if there is an

    apparent *ground for

    outright dismissal

    NO YES

    Commission shall dismiss the case

    Commission shall examine the allegations

    in the in the complaint, answer and such

    papers as may be attached thereto

    Commission shall issue an order stating

    that the case falls under summary

    procedure

    Within 15 days from receipt of the above-

    mentioned order, parties shall submit the

    ff.: (1) position papers, (2) judicial

    affidavits of their witnesses and (3) other

    evidence on the factual issues

    Is there is a

    need for

    clarification?

    NO NO

    Commission shall

    render judgment

    within 30 days from

    receipt of the last

    affidavit or positionpaper

    Case Terminated

    Commission shall order the parties to submit,

    15 days from receipt of hereof order,

    affidavits or other evidence to clarify certain

    material facts

    Case Terminated

    Judgment shall be rendered within thirty (30)

    days after the receipt of the last clarificatory

    affidavit, or the expiration of the *original

    sixty (60)-day period, whichever comes later.

    Case Terminated

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    HEARING PROPER

    Hearing

    Presentation of Complainants

    witnesses

    Complainants Formal Offer of

    Evidence (FOE)

    Respondents comment to

    Complainants FOE

    C

    Presentation of Respondents

    witnesses

    Respondents FOE

    Complainants comment to

    Respondents FOE

    Complainants comment to

    Respondents FOE

    Parties, unless waived may

    submit their respective

    memoranda within the period

    given by the Commission

    Upon receipt of the

    memoranda, case is deemed

    submitted for resolution

    Case Terminated