Resolution CREG 080 of 2019
Rules of conduct compliance statement
Resolution 080 of 2019 of the Gas en Energy Regulation Commission establishes the general behavior rules for the market, for all the agents that carry out activities around public utility services of the electric energy and combustible gap sector, abiding by this regulation Gases del Caribe makes public the following statement:
Users Rights and Duties
(Regulated and Nonregulated)
The rights of the users of combustible gas public service are established by article 9 of law 142 of 1994.
The Uniform Conditions Contract of Gases del Caribe S.A., Public Utility Company specified in article 26 the user’s rights and means made available to them to guarantee them.
The Resolution CREG 108 of 1997 highlights the general criteria about the protection of the users rights for combustible gas and electric energy public services through physical network, regarding the billing, trade and other related affairs around the relationship between The Company and the user. The standard can be inquired through the following link:
According to the Uniform Conditions Contract of Gases del Caribe S.A. Public Utility Company, law 142 of 1994, it’s regulatory standards and the CREG regulation, the rights and duties of the user are the following:
- To be treated properly by The Company.
- To the due process and defense, pursuant of what is established in the contract hereby
- ATo not be discriminated by The Company.
- To be clearly and timely informed of the obligations and the consequences of noncompliance.
- For the service not to be canceled or suspended, until of the decision of the claim has been finalized when the claim has been filed by the user.
- To be free to choose the service provider.
- To the measurement of the real consumption. The measurement of consumption will be carried out pursuant of what is established in the current regulation and in no case, will there be an option for surcharge over the fixed fee for every measurement device per user or subscriber.
- To obtain complete, accurate and timely information about matters related to the service provision.
- To obtain information and guidance around the legal or technical requirements that the provisions in effect impose over the petitions, actions, requests or complaints to be carried out, as well as the undertaking of them.
- To know, at any moment, the status of the processing of the procedures to which they are a stakeholder and obtaining copies, at their own expense, of the documents within them.
- To abstain from filing documents that are not demanded by the applicable legal standards to the procedures
- To make a claim when The Company applies a stratum that is different to the one required by the legal or technical requirements established by the corresponding competent territorial entity for those purposes.
- To make a claim against the use assigned by the person that is a provider of the property subject of the service, when a different one to the real one is assigned.
- To know the uniform conditions of the public utility services contracts.
- To be protected against the abuse of contractual dominant position of the people providers of public services.
- To the uninterrupted service provision of good quality and the repairs for failures in the service provision, in conformity with articles 136 and 137 of law 142 of 1994 regarding the natural gas public utility service.
- To clear, complete, precise and timely information in the billing.
- To file petitions, complains and actions related to the public utility services contract.
- To receive a bill at least five (5) working days before the payment deadline stated in that bill.
- In the case that the service is interrupted through withdrawing elements of the installation, to receive from the person provider the meter and/or the elements withdrawn, if the party is the owner of those elements, in the terms of article 135 of law 142 of 1994.
- To request to The Company or to other accredited inspection bodies before of the national accreditation body of Colombia (ONAC), the check up of the internal installations in order to establish if there is deterioration, and if the case comes to be, for the body to carry out the recommendations that are considered proper for the repair or adjustment, by the technical personnel.
- In the cases of check up because of anomalies, provisional withdrawal of the metering equipment, change of it and technical visits, to request the advisory and/or participation of a specific technician or any other person to verify the check up process of the equipment for metering and the internal installations.
- To participation in development and social control committees.
- To obtain the goods and services offered in good quantity or quality greater than those provided in bulk, as long as that does not harm third parties and for the user to take on the corresponding costs.
- To get a copy of the reading taken for the billing, when the user and/or subscriber requests.
- For the service not to be suspended, nor be charged for reconnection, when it is proven that the payment was made at the moment of the suspension.
- Efficiently and rationally use the natural gas public utility service.
- Use the service only for the property or the household unit or non-residential property in the contract, according to the conditions and the process established in the service request.
- Using the service only for the type of service and charge (installed capacity) for which it was contracted, according to the conditions and the purposes established in the service request.
- Abiding by all the standards, requirements and technical specifications established by The Company, the ICONTEC or those demanded by the Superintendence of Industry and Commerce, those demanded by the Gas and Energy Regulation Commission CREG or by of the competent authority for the design, construction and operation of the gas installations, making the installation of the individual meter possible and/or multiple, whatever the case maybe.
- Carry out the check up of the installations of the property within the minimum and maximum term for the periodic checkup defined in Title 1 of the Annex Definitions and Conditions of the contract hereby, in accordance with what has been established by the regulation CREG 059 of 2012, or when there are leaks or malfunctions of the installations. It will be an obligation to carry out or allow for the repairs found during the check up scheduled that are necessary in this numeral, by The Company’s personnel, or the firms registered before The Company.
- To hire people or companies for installation that are qualified and registered before The Company, that are certified according to the provisions issued by the Superintendence of Industry and Commerce, performing the internal installations, or to undertake work related to modifications, extensions, transfer of the gas outlets, and similar works, having on their own exclusive responsibility the risks that might turn out.
- Allowing the measuring and regulator equipment check up, and the periodic reading of the consumption, and to allocate for the installation of the meters, spots of easy access for the officials and/or the authorized personnel by The Company, pursuant of the technical standards.
- To make sure that the site where the metering equipment is installed as well as other equipment is the free of debris, trash, natural materials and materials that hinder the access of the authorized personnel of The Company, or that affects the safety or cleanliness conditions required.
- Facilitating access to the property, to the people authorized by The Company to carryout check ups and routine work of the installations.
- Responding jointly for any anomaly, fraud, or tempering that is found with the measuring equipment and other elements and devices of the metering system, as well as for the variations or modifications that without authorization of The Company are performed regarding the service conditions that have been contracted, except if the anomaly is due to a force majeure or unforeseen cases, or those that come from manufacturing, assembly or mounting defects, or for the quality of the service.
- To request authorization from The Company, for the change of use of the service.
- Providing the facilities, equipment, gas powered appliances, and natural gas devices the maintenance and proper use, in order to prevent damages that could cost deficiencies or interruptions in the service supply or that generate unsafe conditions.
- Using gas appliances and equipment that meet the technical standards. The company can refrain from providing the service to the equipment that does not meet this conditions.
- Reporting immediately and in writing to The Company about any irregularity, anomaly or change that takes place in the facilities, measurement equipment, the use of the property or due to variation in the fee, owner, address or any other that change the conditions and the data registered in the service contract, and or in the commercial information system (CIS).
- Complying with the timely payment of the charges for connection and the bills issued by The Company.
- Filing a claim before the expiration term provided for that purpose by law 142 of 1994, around any irregularity, omission, inconsistency or variation that is detected on the bill.
- Provide notice about any anomaly or irregularity takes place within the facilities.
- Allowing the replacement of the meter, or measuring equipment or the regulator when these tampered or modified, or the withdrawal when it is considered necessary for verification; or to carry out the suspension of the service; or to send them to repair or replace them when it is established that their operation does not allow it to properly determine the consumption, or when the technological development makes available a more accurate measurement instrument..
- Paying the Financial obligations established by The Company based upon the contract hereby and it’s annexed technical anomalies.
- Be in good standing regarding all charges with The Company in order to carry out any process related to service requests.
- Provide sufficient collateral for the payment of the bills and other charges, when it is demanded by law and The Company.
- Before installing any equipment for the verification of measurement, the user must hire The Company so that it can determine whether the equipment for verification of measurement proposed can cause a drop of pressure in the users facilities. In the case that it is considered necessary The Company can request to the user to present detail sketches and specifications related to the installation proposed. In the case that The Company can prove that there might be a significant drop of pressure will reject the proposed installation.
- The user will not tamper, nor modify, nor withdraw meters or regulators or other equipment, nor will grant access to them unless it is to the authorized personnel of The Company. In the case of loss or damage to the goods of The Company by action or negligence of the user or the representatives or the employees, or in the case of not returning the equipment provided by The Company, the user must pay the full amount for the goods that I have been lost or damaged.
- The user will be responsible for maintaining the devices for the verification of measurement, whether these are their own or the companies’. This responsibility of the user will include for illustrative purposes, claims for damages and harm caused by the presence, installation or lack of safety in the operation of said device by the user, claims for inadequate billing, legal fees and other attached costs.
- The user will be responsible for maintaining the devices for the verification of measurement, whether these are their own or the companies’. This responsibility of the user will include for illustrative purposes, claims for damages and harm caused by the presence, installation or lack of safety in the operation of said device by the user, claims for inadequate billing, legal fees and other attached costs
- Allowing the suspension or cancellation of the service when there is a noncompliance of the obligations established by this contract.