SECTION 165:45-11-5. Identification of class of service

(a)   Upon application for service by the consumer, it is the responsibility of the utility to provide each consumer, orally or in writing, if requested, with the proper tariff and the identity of the consumer's respective class of service. The utility may rely upon the information supplied by the consumer to the utility for purposes of identifying the proper class of service and appropriate tariff rate. Upon notice from the consumer or upon discovery by the utility in the normal course of business of an alleged incorrect service classification, tariff rate or apparent change in the consumer's type of service, the utility shall make a prompt review and, when appropriate, change the consumer's account to the appropriate service classification, tariff rate or any other service modifications which are necessary to ensure future service is delivered under the proper service classification and tariff rate.

(b)   If the consumer has not been charged the appropriate tariff rate for that consumer's class of service, the utility shall be responsible for correcting the billings that have occurred since the last notification of available rates by the utility as set forth in OAC 165:45-114(a)(2). In the absence of such notification, the period of time for which billing corrections shall be made shall not exceed three (3) years from the date of discovery. When the billing corrections result in a credit account balance for the consumer, the utility shall apply the credit to future billings or, at the consumer's request, refund the credit account balance to the consumer.

(c)   Utilities that have volumetric tariffs that do not classify consumer accounts by type of service shall not be subject to the retroactive billing corrections as stated in subsection (b) of this Section, except in the following circumstances:

(1)   The consumer's volumetric billing rate was changed without written notification to the affected consumer and the utility had available to it historical volume usage levels which contradict the volumetric rate applied to the consumer's billing; or

(2)   The utility failed to complete reasonable investigation of consumer-supplied estimates of volume usage used to identify the tariff for billing purposes.

(d)   The utility shall annually notify consumers in billing inserts that the consumer must advise the utility if there has been a change in usage necessitating a change of service classification.

[Source: Added at 13 Ok Reg 3259, eff 7-25-96]