§ 3-102. Complaint; commencement of proceedings  


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  •    (a) In general. --

       (1) Any person may file a complaint with the Commission.

       (2) The complaint shall be in writing and set forth circumstances that allege a violation of this division by a public service company.

    (b) Service; answer. -- If a complaint filed under subsection (a) of this section states on its face a violation of this article or if the Commission determines that the complaint deserves an explanation, the Commission shall:

       (1) serve a copy of the complaint on the public service company; and

       (2) issue an order that requires the public service company to satisfy or answer the complaint in writing within a specified time.

    (c) Right to hearing. -- A person that is the subject of a complaint filed by any person or the Commission is entitled to a hearing in a contested case that results from the complaint.

    (d) Matters requiring investigation. --

       (1) Subject to paragraph (2) of this subsection, the Commission must conduct an investigation of the matters in a complaint filed under this section if the complaint concerns the following:

          (i) the quality or reliability of gas supply or electric power supply; or

          (ii) the price of gas or electricity.

       (2) In order to be entitled to an investigation under paragraph (1) of this subsection, the complaint shall be signed by:

          (i) the People's Counsel;

          (ii) the chief executive or local legislative body of a municipal corporation or county in which a gas or electric company is authorized to operate; or

          (iii) not less than 100 customers of the gas company or electric company, with the names and addresses of the customers set out in the complaint.

    (e) Complaint filed by Commission. --

       (1) The Commission shall begin proceedings on its own motion against a person by filing a complaint.

       (2) The complaint filed under paragraph (1) of this subsection for the first time in a proceeding shall be served on the person that is the subject of the complaint before any hearing on the matter.

    (f) Final action. -- Unless a complaint is voluntarily satisfied, the Commission shall take final action on each complaint by issuing an order that:

       (1) dismisses the complaint;

       (2) directs full or partial satisfaction of the complaint; or

       (3) directs any action that the Commission considers to be warranted.


HISTORY: An. Code 1957, art. 78, § 77, 79; 1998, ch. 8, § 2; ch. 653; 2010, ch. 52.