38.5.6003    COMPLAINTS OF UNAUTHORIZED SUPPLIER SWITCHES

(1) Upon receipt of a complaint alleging an unauthorized switch in a customer's supplier, or from the commission or its staff on behalf of a customer, the supplier that initiated the change shall produce the letter of authorization required by ARM 38.5.6002. If the supplier fails to provide the letter of authorization or if it provides documentation that does not conform to the requirements of ARM 38.5.6002, the supplier change will be deemed invalid.

(2) A supplier which initiates a supplier change without authorization from the customer in accordance with these rules shall issue to the customer full credit or refund the entire amount of such customer's supply charges attributable to the supplier's service for the period during which the unauthorized service was provided. In addition, any charges incurred by the customer to re-establish supply service or to change the customer's supplier after the unauthorized switch shall be refunded or credited to the customer by the unauthorized supplier. The appropriate credit or refund must be issued within a period not to exceed 60 days from the date of the initial complaint from the customer, commission, or staff.

History: 69-3-1404 and 69-8-403, MCA; IMP, 69-3-1404 and 69-8-410, MCA; NEW, 1999 MAR p. 1233, Eff. 6/4/99.