Section 394.2 Of Article 12. Consumer Protection From California Public Utilities Code >> Division 1. >> Part 1. >> Chapter 2.3. >> Article 12.
394.2
. (a) The commission shall accept, compile, and attempt to
informally resolve consumer complaints regarding electric service
providers. Where the commission reasonably suspects a pattern of
customer abuses, the commission may, on its own motion, initiate
investigations into the activities of electric service providers
offering electrical service. Consumer complaints regarding service by
a public agency offering electric service within the political
boundary of the public agency or service territory of a local
publicly owned electric utility shall continue to be resolved by the
public agency. Within the service territory of a local publicly owned
utility, consumer complaints arising from the violation of direct
access rules adopted by the governing body of the local publicly
owned utility shall be resolved through the local publicly owned
utility's consumer complaint procedures.
(b) Notwithstanding other provisions, residential and small
commercial customers shall have the option to proceed with a
complaint against an electric service provider either through an
action filed in the judicial court system or through a complaint
filed with the commission. A customer who elects either the judicial
or commission remedies may not raise the same claim in both forums.
The commission shall have the authority to accept, compile, and
resolve residential, and small commercial consumer complaints,
including the authority to award reparations. The commission's
authority in these complaint proceedings is limited to adjudication
of complaints regarding residential and small commercial electric
service provided by an electric service provider and shall not be
expanded to include either an award of any other damages or
regulation of the rates or charges of the electric service provider.
However, a person or electric service provider that takes a conflict
to the commission shall not be precluded from pursuing an appeal of
the decision through the courts as provided for in law.
(c) In connection with customer complaints or commission
investigations into customer abuses, electric service providers shall
provide the commission access to their accounts, books, papers, and
documents related to California transactions as described in Sections
313 and 314, provided the information is relevant to the complaint
or investigation.
(d) No electric service provider may discontinue service to a
customer for a disputed amount if that customer has filed a complaint
that is pending with the commission, and that customer has paid the
disputed amount into an escrow account.