OAR 860-034-0170: Refund of Deposits for Residential and Nonresidential Utility Service

(1) A small telecommunications utility shall promptly refund a customer’s deposit with accrued interest when utility service is terminated, provided a refund due shall first be applied to any unpaid balance on the customer’s account. (2) A small 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 small telecommunications utility’s service area, the deposit, plus 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 that procedures followed by the small telecommunications utility are nondiscriminatory. (6) Unless otherwise specified by the customer, a small telecommunications utility shall mail deposit refunds to the customer’s last known address. The small telecommunications utility shall promptly honor a valid claim for payment of refund if the request is received within one year of the date utility service is terminated. Funds held beyond one year will be disposed of in accordance with ORS 98.316.