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Formal Process

  • Upon exhaustion of the Informal Complaints process, the Commission may initiate a Formal Complaint Briefing Form in the Form attached hereto as Annexure #1.
  • The Formal Complaint briefing form shall be copied simultaneously to the complainant and the affected utility.
  • The Commission will consider a formal complaint: (i) after the Executive Director has notified the Commission by way of said Annexure #1, or (ii) if initiated ab initio by any aggrieved person affected by any practice by a Utility, which the complainant alleges is in any respect unfair, unreasonable, unjust, or inadequate and the Executive Director determines that the matter is of sufficient regulatory importance, with regards to the salient issues, that it requires activating the Formal Complaint process.

    Procedure Upon Receipt of a Formal Complaint.

  • The Commission, upon receipt of a formal complaint (Annexure#1) shall, cause the matter to be reviewed by a Commissioner who shall either:
    • refer the matter back to the Executive Director with guidance as to resolution of the matter or;
    • cause the matter to be placed before the Commission to formally proceed to consider the matter.

    If the Commission proceeds to consider the matter it shall:

    • in the case of a complaint referred to the Commission by the Executive Director:
      • (a) analyze the documentation and its appendices and, if there is sufficient information to formulate a decision, the Commission shall issue such directive as it deems appropriate, consistent with the applicable legislative provision, or:
      • (b) request such further and better particulars as will enable it to arrive at such decision as may be appropriate and issue the relevant enforcement order.
    • in the case of a complaint initiated ab initio, the Commission shall cause a copy of the complaint to be served on the Utility accompanied by a notice from the Commission calling upon the Utility to answer to the same in writing within seven (7) business days as well as submit all supporting documentation and further information as the Commission may request and to satisfy and or rectify the matter within fourteen (14) business days, notifying the Commission of the method and manner of such rectification.
  • In the event that the Utility is unable to rectify the matter within the 21 days prescribed the Utility’s answer shall state its defenses to each claim asserted by the complainant and shall admit or refute the assertions upon which the complainant relies. In the event that the Utility desires an extension of time, it should apply to the Commission for same. Such extension shall not be unreasonably denied but shall not normally exceed a further 10 business days. If the Utility is without knowledge or information sufficient to form a belief as to the truth of an assertion, the answer shall so state and this shall have the effect of a denial, providing the necessary evidence to substantiate such a position.
  • In the event that the Utility is desirous and/or able to satisfy the complaint, it shall submit to the Commission in the answer a statement of the relief which it is willing to give, a copy of which shall be simultaneously served upon the complainant. Upon acceptance of this offer by the complainant and notice to the Office, the complaint shall be deemed dismissed whereupon the Commission’s files on the matter shall be closed. If there is an offer of partial settlement of the case, the Commission shall (a) determine whether there is justification for the partial settlement and, if negative, shall issue such appropriate enforcement order as the circumstances warrant as shown in Annexures #2-4 or (b) if there is justification for the partial settlement, the Commission shall advise the complainant accordingly and the Commission’s files on the matter shall be closed.

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