OAR 860-021-0215: Refund of Deposits for Residential and Nonresidential Utility Service

(1) An energy or large telecommunications utility shall promptly refund a customer’s deposit with accrued interest when service is terminated, provided a refund due shall first be applied to any unpaid balance on the customer’s account. (2) Except as provided in section (6) of this rule, an energy or large telecommunications utility may continue holding a deposit until credit is satisfactorily established or reestablished. For purposes of this rule, credit shall be considered to be established or reestablished if one year after a deposit is made: (a) The account is current; (b) Not more than two five-day disconnection notices were issued to the customer during the previous 12 months; and (c) The customer was not disconnected for nonpayment during the previous 12 months. (3) After satisfactory credit has been established or reestablished, the deposit plus any accrued interest shall be promptly refunded or credited to the customer’s account. A customer shall be entitled to a refund upon request. (4) When the customer moves to a new address within the energy or large telecommunications utility’s service area, the deposit and accrued interest will be transferred to the new account. (5) Deposits plus accrued interest may be refunded or credited, in whole or in part, to the customer’s account at any time earlier than prescribed in this rule, provided the energy or large telecommunications utility’s procedures are nondiscriminatory. (6) An energy utility that collects or has collected a deposit from an income-qualified residential customer must apply or return the deposit as outlined in this section. For an income-qualified residential customer, the energy utility will return the deposit within two billing cycles. (a) The deposit will first be applied to any outstanding balance on an income-qualified residential customer's account. If there are any remaining funds, the funds will be applied to the customer's account or returned by electronic payment or check mailed to the last-known address. (b) If an income-qualified residential customer account is current, the deposit will be applied to a customer's account or returned by electronic payment or check mailed to the last-known address. (c) For an income-qualified residential customer that pays the deposit in installments as set forth in OAR 860-021-0205, the energy utility will return the deposit within two billing cycles, after the last installment payment is made. (7) Unless otherwise specified by the customer, an energy or large telecommunications utility shall mail deposit refunds to the customer’s last known address. The energy or large telecommunications utility shall promptly honor a valid claim for payment of refund if the request is received within one year of the date service is terminated. Funds held beyond one year will be disposed of in accordance with ORS 98.316.