Sec. 1. 35-A MRSA §1308-A is enacted to read:

§1308-A.__Power to order refunds of overcharges, actual damages

and other restitution

1.__Investigation of complaints.__The commission may investigate complaints from customers alleging unresolved disputes concerning damages caused by a public utility.__ Information in the investigative file is confidential unless a public hearing is held.__The investigative documents may not be disclosed to any person other than the complainant, the public utility and the Public Advocate prior to any such hearing.__The commission shall notify the Public Advocate of the investigation and share investigative information with the Public Advocate when requested.__The Public Advocate, the complainant and the public utility must hold confidential any investigative information received from the commission prior to a hearing.

2.__Alternative dispute resolution.__Public utilities must work cooperatively with the commission, the Public Advocate, if the Public Advocate so requests, and the complainant to informally resolve complaints prior to a hearing.

3.__Adjudicatory hearings.__The commission may hold an adjudicatory hearing in conformance with Title 5, chapter 375, subchapter IV if the commission determines after an investigation that any public utility or its representative may have caused monetary damages to one or more customers.__The commission shall notify the public utility, the complainant and the Public Advocate of the results of the investigation.__If unable to resolve the complaint informally, the commission shall notify the public utility, the complainant and the Public Advocate of the results of the investigation and the amount of monetary damages, if any, to be awarded to the complainant.

4.__Order issued after hearing.__After a hearing under subsection 3 held in conformance with Title 5, chapter 375, subchapter IV, the commission may issue an order awarding actual damages or other restitution to a complainant as long as the maximum amount of the damages may not exceed the maximum amount available in Small Claims Court.__The commission's order after hearing is a final order in all respects and is effective when issued, unless the order specifies a later effective date or is stayed pursuant to Title 5, section 11004.

5.__Service of order by mail.__Upon issuance, the commission shall serve the order under subsection 4 on the public utility by regular mail along with a notice of appeal rights.