in-20261028-IR-170260163FRA: CUSTOMER COMPLAINTS

TITLE 170 INDIANA UTILITY REGULATORY COMMISSION Final Rule LSA Document #26-163 DIGEST CUSTOMER COMPLAINTS Amends 170 IAC 16-1-1 concerning scope and applicability. Amends 170 IAC 16-1-2 concerning definitions and to provide clarity regarding the definition of "utility". Amends 170 IAC 16-1-3 concerning the customer dispute process and time periods. Amends 170 IAC 16-1-4 concerning disputes and utility responsibilities. Amends 170 IAC 16-1-5 concerning the consumer affairs review of a utility's proposed resolution and consumer affairs' responsibilities. Amends 170 IAC 16-1-6 concerning requests for commission review of consumer affairs decisions. Amends 170 IAC 16-1-7 concerning the continuation of service during the complaint process, payment of undisputed charges, disconnections for nonpayment, and late fees. Effective 30 days after filing with the publisher. HISTORY Notice of First Public Comment Period: 20260610-IR-170260163FNA Regulatory Analysis submitted with Notice of First Public Comment Period: 20260610-IR-170260163RAA Date of Public Hearing: July 13, 2026 CITATIONS AFFECTED: 170 IAC 16 SUMMARY/RESPONSE TO COMMENTS The Indiana Utility Regulatory Commission (IURC) requested public comment from June 10, 2026, through July 15, 2026, and during the public hearing on July 13, 2026. IURC received no comments in response to the Notice of First Public Comment Period. FINAL RULE Sec. 1. (a) This article implements the authority of the commission under IC 8-1-2-34.5. (b) This article applies to any utility subject to the commission's jurisdiction that offers: services. (c) The Procedures for the resolution of customer complaints involving telephone utilities can be found in 170 IAC 7. Sec. 2. (a) Where applicable, and except as defined in subsection (b), the terms used in this rule shall have the same meaning assigned to them as in IC 8-1-2-1. (b) The following definitions apply throughout this rule: Sec. 3. (a) Disputes regarding any utility service or billing matter that have not been resolved at the utility level may constitute a complaint and may be resolved through the following process: (b) In computing any period of time prescribed or allowed by this article, the day of the act or event from which the designated period of time begins to run shall is not be included. The last day of the computed period so computed is to be included unless it is a: in which case, the last day of the computed period will be the next business day. (c) The period of time runs until the end of the next day that is not a: Sec. 4. (a) A utility shall provide the following means for customers to bring disputes to its attention: (b) The utility shall document and retain records of disputes received under this rule, and the resolutions thereof, for a period of six (6) months one (1) year from the date of final resolution of the dispute under this rule, and the records shall must include, at a minimum, the following information: (c) A utility shall take the following actions with regard to each dispute: A utility shall make records available upon on request by the commission once an informal complaint has been submitted. (d) Each utility shall annually submit a report to the commission that shall must state and classify the number of complaints made to the utility under section 3 of this rule article, the general nature of the subject matter thereof, of the complaints, how the complaint was complaints were received, and whether a commission review was conducted thereon. on them. Sec. 5. (a) If a customer is dissatisfied with a utility's proposed resolution of a dispute, the customer may appeal the proposed resolution to consumer affairs by submitting an informal complaint. A complaint must be submitted under this section within seven (7) thirty (30) calendar days of the date the customer receives the utility's proposed resolution. At its their discretion, the consumer affairs director, or the director's designee, may waive the time limitation for good cause, including failure to receive timely notice of proposed resolution. A complaint shall be is considered submitted upon on receipt by consumer affairs. (b) A customer may file a complaint with consumer affairs in the following ways: (c) Upon On receipt of a complaint, consumer affairs shall take the following actions: (d) If a customer or utility is dissatisfied with the consumer affairs' resolution of the informal complaint, either party may request a review by the director of consumer affairs or the director's designee within seven (7) calendar days of the date of receipt of the proposed resolution of the informal complaint. Consumer affairs shall provide notice to the nonrequesting party of the request for a director's review and as follows: (e) The director may ask questions of either party and shall, on review of the record: (e) (f) Notwithstanding any other provision in this section, consumer affairs may refer a complaint to the commission for review at any time during the review process based on the complexity of issues or circumstances involved in a complaint, as determined by the director of consumer affairs or the director's designee. Sec. 6. (a) Either party may request commission review of the consumer affairs' decision under IC 8-1-2-34.5 within twenty (20) thirty (30) calendar days of the date of receipt of the decision of the director of consumer affairs or the director's designee. A request under this section must be made in writing and shall be is considered filed upon on receipt by the commission. (b) Upon On receiving a request for commission review, the commission shall provide a copy of the request to the opposing party and the office of the utility consumer counselor (OUCC) within seven (7) calendar days from the date the review is requested. The nonrequesting opposing party and the OUCC shall be permitted to file an answer within the time frames provided in 170 IAC 1-1.1-10(c). (c) Commission review of a consumer affairs' decision shall be reasonably limited to the matters raised in the request for review and the answer, and to a review of the consumer affairs record, as compiled during the review conducted under section 5 of this rule, or as otherwise determined by the presiding officer. unless the matter is referred to the commission for review under section 5(f) of this rule. Sec. 7. (a) If a customer receiving service has paid and continues to pay all undisputed charges, the utility shall not disconnect any service related to the disputed charges: (b) If a customer and utility cannot agree what portion of the charges in a bill is undisputed, to avoid disconnection, the customer should pay on the disputed bill an amount equal to one-twelfth (1⁄12) of the estimated annual billing for service to be rendered to the customer. For a customer who has been a customer for at least twelve (12) months, the estimate will be based on the customer's average bill for the twelve (12) months immediately preceding the disputed bill. (c) The utility may not assess a new late fee on any amount in dispute while the complaint is pending, either before consumer affairs or on review. (d) The utility may not assess a new late fee on a previously disputed amount so long as the customer pays the previously disputed amount within ten (10) calendar days after the resolution of the complaint, and so long as the complaint was made to the utility before the disputed amount became past due. This provision does not nullify a late fee charged before the complaint being filed. LSA Document #26-163 Notice of First Public Comment Period: June 10, 2026 Last Hearing Held: July 13, 2026 Approved by Attorney General: September 17, 2026 Approved by Governor: September 29, 2026 Filed with Publisher: September 30, 2026, 2:33 p.m. Documents Incorporated by Reference: None Received by Publisher Small Business Regulatory Coordinator: Caleb Peery, Assistant General Counsel, Indiana Utility Regulatory Commission, 101 West Washington Street, Suite 1500 East, Indianapolis, IN 46204, (317) 232-2701, cpeery@urc.in.gov