Section 736.650  Deposits

Conditions under which a WETC may request a deposit from applicants for service are set out in Section 736.630.

a)         Nothing in this Section shall prevent a WETC from offering pre-paid service options in lieu of requesting a deposit in order to provide service.

b)         The WETC shall establish a written procedure governing the methods by which deposits shall be calculated, available upon request.  The amount of the deposit may be adjusted at the request of the customer, applicant or WETC at any time when the character or degree of use of the service materially changes or when it is clearly established that the character or degree of use of the service will materially change in the immediate future.  The written procedure governing the methods by which deposits shall be calculated shall be based on objective criteria and the amount of deposits requested shall be reasonably related to the expected obligation of the customer for the service options available.  The estimated deposit for an applicant may take into consideration past billing history for service of another company if service was provided within the State of Illinois and within 6 months after the application.

c)         A WETC may request that the requested deposit from any customer be paid before service is activated.

d)         Refund of Deposits

1)         Deposits plus interest shall be automatically refunded after being held for 12 months, so long as:

A)        the customer has paid any past due bill for service owed to the same WETC;

B)        service has not been discontinued for nonpayment;

C)        the customer has not paid late four times; or

D)        the WETC has not provided evidence that the customer used a device or scheme to obtain service without payment.

2)         If the WETC does not return a customer's deposit after 12 months, the WETC shall provide the customer with the reasons the deposit is being retained, if the customer so requests.

e)         Deposits plus interest shall be refunded when service has been terminated for more than 30 days, less the amount of any unpaid bills for that service.  When a deposit plus interest is applied to the liquidation of unpaid bills, the WETC shall provide the customer with a statement showing the amount of the unpaid bill(s) liquidated by the deposit plus interest, and the balance remaining due either to the customer or to the WETC.

f)          All deposit refunds shall be by separate check and not by credit to the customer's account unless the deposit is used to pay the customer's final bill.  No refund of less than $1 need be issued.  When refunds are not deliverable, records shall be maintained to show a WETC's efforts toward locating the applicant or customer, and delivering the refund.

g)         At the option of the WETC, a deposit plus interest may be refunded, in whole or in part, at any time earlier than the times prescribed in this Section.

h)         The rate of interest on deposits shall be the rate set by the Commission pursuant to 83 Ill. Adm. Code 735.120.

i)          At the request of a customer, the WETC shall compute the accrued interest upon the deposit and pay such amount to the customer.  The WETC need not make such payment more often than once in a 12 month period, nor sooner than 12 months after receipt of a deposit.