Section 63.303. Pretermination provisions

(a) Wholesale customer billing dispute resolution process. Wholesale customers shall have the opportunity to dispute charges for the provision of service with the NSP. A wholesale customer is obligated to pay amounts not under dispute. Disputes shall be raised by a LSP on a timely basis consistent with the language in applicable interconnection agreements.

(1) When disputing NSP charges, the wholesale customer shall provide the NSP with a written dispute notice unless other methods of delivery have been agreed to as part of an interconnection or other governing agreement.

(2) The dispute notice must be addressed to the NSP’s designee.

(3) The dispute notice must provide the NSP with the amounts that form the grounds for the dispute as well as the specific accounts and bills that are being disputed.

(4) Within 5 calendar days of receiving a written dispute notice from a wholesale customer, the NSP shall provide written acknowledgement of the receipt of the notice to the wholesale customer’s contact.

(5) Upon receiving a dispute notice from a wholesale customer, the NSP and the wholesale customer shall make a good faith effort to resolve the dispute within 30 calendar days unless a longer dispute resolution period is provided for in an interconnection or other governing agreement. During this dispute resolution period, the NSP may not pursue termination of the wholesale customer’s service unless it is based on other indebtedness that is not disputed.

(6) If resolution of the dispute is not achieved to the satisfaction of the NSP and the wholesale customer at the conclusion of the dispute resolution period, either party may file a complaint with the Commission to resolve the dispute.

(7) The NSP and the wholesale customer shall seek to file a complaint with the Commission to resolve a billing dispute prior to the time when retail customers are to be notified of the pending abandonment.

(8) The NSP may not pursue termination of the wholesale customer’s service while a complaint to resolve the dispute is pending with the Commission unless the termination is based on other indebtedness that is not disputed.

(b) NSP payment default resolution process.

(1) Prior to a NSP issuing a termination notice to a wholesale customer for a payment default, the NSP shall:

(i) Provide the wholesale customer with a written notice of payment default.

(ii) Send the default notice by first class mail unless other methods of delivery have been agreed to as a part of the interconnection or other governing agreement or are provided for in an applicable tariff.

(iii) Address the default notice to the wholesale customer’s designee.

(iv) Send a copy of the default notice to the Secretary of the Commission and to the Commission’s Bureau of Consumer Services.

(2) The default notice to a wholesale customer shall include the following:

(i) The amount owed that forms the grounds for the payment default as well as the specific accounts and invoices that are in default.

(ii) A statement of the terms of the interconnection or other governing agreement that forms the grounds for the NSP’s notification of payment default.

(iii) Available methods the wholesale customer may use to cure the payment default.

(iv) The NSP’s contact information to be used by the wholesale customer for payment of the NSP’s bill.

(3) Allow at least 30 calendar days from the date of the default notice for resolution of the payment default prior to issuing a termination notice. If interconnection or other governing agreements between the NSP and the wholesale customer allow for a longer dispute resolution period prior to the NSP issuing a termination notice, the time periods in the agreement govern.

(4) Within 5 calendar days of receiving a written notice of payment default, the wholesale customer shall provide written acknowledgement of the receipt of the notice to the NSP’s contact.

Notation

Cross References

This section cited in 52 Pa. Code § 63.304 (relating to NSP termination process for wholesale customers); and 52 Pa. Code § 63.305 (relating to initiation of abandonment).