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From the Order:

{***} “All interested parties are hereby notified pursuant to Ga. Laws 1964, pp. 338, 342, as amended Official Code of Georgia Annotated (“O.C.G.A.”) § 50-13-4, that the Georgia Public Service Commission (“Commission”) has considered and adopted amendments specifically regarding Commission Utility Rules 515-7-8. The amended rule shall become effective as provided by law, twenty (20) days after adoption at the Commission’s regularly scheduled Administrative Session on December 17, 2024, and subsequent filing with the Secretary of State.” {***} 

Excerpts of Rule Amendments:

{***} Rule 515-7-8-.04 Service Quality Measure (SQM): Call Center Service Levels

The purpose of this SQM is to measure the percentage of calls answered within 180 seconds or less during a month to ensure a prompt response to a call. This SQM will be measured over one (1) calendar month.

Marketers shall be responsible for answering at least 80% of calls within 180 seconds. If placed into an Interactive Voice Response (IVR), the 180 seconds start when the customer makes the selection to speak with an agent.

The Marketer, at a minimum, shall meet the established SQM benchmark of 80% for Call Center Service Level.  The formula for measuring this benchmark shall be as follows:

(Answered Calls/ Total Received Calls) *100

For purposes of calculating the formula described above, the following terms shall have the following definitions: 

1. “Answered Call” means any call answered by a Marketer within 180 seconds and does not include any calls that meet the definition of a “Customer Terminated Call” that were terminated prior to 180 seconds.   
2. “Customer Terminated Call” means (A) any call terminated by the customer and (B) any call terminated by the customer where prior to speaking with agent, the customer had requested a call back. A “Customer Terminated Call” shall not be included in the numerator or denominator in the above-described formula if the call is terminated prior to 180 seconds.  A “Customer Terminated Call” shall be included in the denominator but not the numerator in the above-described formula if the call is terminated after 180 seconds.
3. “Total Received Calls” means all calls received by the Marketer within a recording period in which a customer makes the selection within the IVR to speak with an agent and only excludes those calls that meet the definition of a “Customer Terminated Call.”    

Rule 515-7-8-.1107 Reporting and Compliance

Each Marketer shall file reports with the Commission demonstrating its performance with each SQM regard to the service quality standards established by the Commission. Such reports shall be filed by the 15th of the month following the recording period, and in a form approved at least on a quarterly basis, or on some other periodic basis if ordered by the Commission.

Rule 515-7-8-.12 Remediation

Marketers are expected to meet the Commission established SQM benchmarks each month. If the Marketer fails to meet an SQM benchmark, remediation may be required as set forth in this Rule.  

(a) Call Center Service Level Remediation

For the Call Center Service Level, should a Marketer miss this benchmark twice within a 12-month period, such Marketer shall go into a 3-month remediation period that will begin on the first day of the month immediately following the second month in which the Marketer missed the benchmark; and will continue for two (2) additional consecutive months. 

Such Marketer shall file with the Commission a Remediation Action Plan (RAP) to identify and explain the deficiency, specify how the deficiency will be remedied, and provide a timetable for remedial activities. The filing shall be made by no later than the last day of the first month of the remediation period. All remedial activities must be completed by the end of the remediation period.

At the conclusion of the remediation period (which will be on the last day of the third month), the Marketer will have fifteen (15) days to file with the Commission a Remediation Report that demonstrates its compliance with the benchmark that is the subject of the RAP. If the deficiencies are not eliminated, then the Marketer will be assessed a penalty. This penalty will be due on the 15th of the following month.

In order to achieve a passing remediation and avoid a penalty, the Marketer, at a minimum, shall meet a 70% benchmark during the second month of the remediation period, and a benchmark of 75% during the third month of the remediation period. Marketers failing their remediation because they did not meet the benchmark in the second and third month, will be assessed a penalty. That penalty will continue for every month thereafter until the marketer meets the established 80% benchmark.

 (b) Billing Accuracy Remediation

For the Billing Accuracy SQM, should a marketer miss this benchmark twice within a 12-month period, such Marketer shall go into a 3-month remediation period that will begin on the first day of the month immediately following the second month in which the Marketer missed the benchmark; and will continue for two (2) additional consecutive months. 

Such Marketer shall file with the Commission a Remediation Action Plan (RAP) to identify and explain the deficiency, specify how the deficiency will be remedied, and provide a timetable for remedial activities. The filing shall be made by no later than the last day of the first month of the remediation period. All remedial activities must be completed by the end of the remediation period.

At the conclusion of the remediation period (which will be on the last day of the third month), the Marketer will have fifteen (15) days to file with the Commission a Remediation Report that demonstrates its compliance with the benchmark that is the subject of the RAP. If the deficiencies are not eliminated, then the Marketer will be assessed a penalty. This penalty will be due on the 15th of the following month. 

In order to achieve passing remediation and avoid a penalty, the Marketer, at a minimum, shall meet the established SQM benchmark of 98.5% during the second and third month of the remediation period. Marketers failing their remediation because they did not meet the benchmark in the second and third month, will be assessed a penalty. That penalty will continue for every month thereafter until the marketer meets the established benchmark.

Rule 515-7-8-.1308 Penalties

Pursuant to O.C.G.A. § 46-4-158.1(c), failure to meet an SQM benchmark shall subject a certificated Marketer to fines as determined by the Commission. 

The Marketer shall be assessed a penalty after a failed remediation period as explained in Rule 515-7-8-.12. 

The presumptive penalty for non-compliance with any SQM benchmark, shall be $25,000 per each non-compliance event.

Marketers shall deposit the penalties directly into the Universal Service Fund (USF) escrow account by electronic wire transfer, certified check, or cashier’s check. Payments are due by the 15th of the month following the Remediation Report and every 15th of the subsequent month thereafter, when applicable (if non-compliance continues). All penalties may be subject to Commission discretion. The affected party and/or Staff may petition the Commission to have penalties adjusted up or down.

Rule 515-7-8-.14 Rolling Probation Period

For a period of 12 months after the filing date of the remediation report, the Marketer will remain subject to a penalty for each recording period that it is not in compliance with the established SQM benchmark that was subject to remediation. The Marketer will not be given remediation opportunities again for the same benchmark until such time as the Marketer has demonstrated compliance with the benchmark for twelve (12) consecutive months. After the probation period has ended, the Marketer will be allowed to participate in the remediation procedures set forth in this Rule. During this period, Marketers will not be penalized in the event of force majeure as defined on 515-7-8-.15. {***}

{***}

WHEREFORE IT IS ORDERED, that the Commission hereby adopts Commission Rule Chapter 515-7-8 as amended.

ORDERED FURTHER, that said adopted rule as amended having been published as provided in O.C.G.A. § 50-13-3(b) shall be filed with the Administrative Procedure Act Division of the Secretary of State as provided in O.C.G.A. § 50-13-6(b).

ORDERED FURTHER, that jurisdiction over this matter is expressly retained for the purpose of entering such further Order or Orders as this Commission may deem just and proper.

ORDERED FURTHER, that a motion for reconsideration, rehearing or oral argument, or any other motion shall not stay the effective date of this Order, unless otherwise ordered by the Commission.

The above by the action of the Commission in Administrative Session on the 17th day of December 2024. {***}

Document # – 220751
DN 15296 SQMs NOPR 515-7-8 Final Order.docx
220751.pdf
Service Quality Measures for the Certified Natural Gas Marketers – Rulemaking 
(Final Order Adopting Amendments To Rule Chapter 515-7-8: Service Quality Standards For Certificated Marketers) (12/18/2024)
15296 
Rulemaking addressing consumer protections and Chapter 14 of the Public Utility Code