Current through Register Vol. 48, No. 38, September 20, 2024
a) A utility shall observe the following
provisions for adjusting customer bills whenever any test made by a utility or by
the Commission shows a customer's measured gas usage to have an average error of
more than 2.0 %.
1) If the utility determines that
a customer's measured gas usage contains an average error of more than 2.0% fast,
the utility shall determine the billing adjustment for services provided by the
utility based on the actual average error percentage found, not the difference
between the allowable error (i.e., 2.0%) and the error found as a result of a test.
The utility shall presume that the average error existed for a period of two years
prior to the date the utility removed the measurement equipment that caused the
error from service. If the measurement equipment was tested while in service, the
utility shall presume that the average error existed for a period of two years prior
to the date of the equipment's test.
2)
If the utility determines a customer's measured gas usage contains an average error
of more than 2.0% slow, the utility may determine a billing adjustment for services
provided by the utility, in which event the billing adjustment shall be based on the
actual average error percentage found, not the difference between the allowable
error (i.e., 2.0%) and the error found as a result of a test. The utility shall
presume that the average error existed for a period of one year prior to the date
the utility removed from service the measurement equipment that caused the error for
small commercial and residential customers and two years prior to the date the
utility removed from service the measurement equipment that caused the error for all
other customers. If the utility tested the measurement equipment while in service,
the utility shall presume that the average error existed for a period of one year
prior to the date of the measurement equipment's test for small commercial and
residential customers and two years prior to the date of the measurement equipment's
test for all other customers.
3) If the
utility determines that the measurement error is due to a non-registering meter, the
utility may determine a billing adjustment for services provided by the utility, in
which event the billing adjustment shall be based on the presumption that the
non-registration existed for a period of not more than 60 days when the utility
reads the meter on a monthly schedule or 90 days when the utility reads the meter on
a longer schedule. A utility may consider meters equipped with automatic meter
reading devices as read on a monthly schedule. However, a utility may presume that
the non-registration existed for a period of up to 180 days if the utility is unable
to gain access to the meter within 20 business days after its initial request for
access due to the customer's refusal to grant access, provided the utility offered
to exchange the meter during or after the utility's normal working hours.
4) If a utility intends to make a billing
adjustment pursuant to subsection (a)(1), (2) or (3), the utility shall notify the
customer of the test results and applicable billing adjustment for the services
provided by the utility, including an explanation of the billing adjustment, within
30 business days after the utility receives the test results. At the same time the
utility provides notice to the customer, the utility shall provide the same notice
to each alternative gas supplier serving the customer during the period over which
the utility deems the average error to have occurred. The utility shall provide a
billing adjustment to the customer for the services provided by the utility within
45 business days after the date of the notice to the customer.
5) A utility shall not determine a billing
adjustment for services provided by the utility for a measurement error before the
in-service date of the measurement equipment that caused the error, nor shall it
provide for any correction before the date upon which the current customer first
occupied the premises at which the inaccurate measurement equipment was
located.
6) If a utility, a customer, an
alternative gas supplier, or a natural gas supplier can show that the measurement
equipment error has existed for a longer or shorter period than the presumed time
for a billing adjustment set forth in this subsection (a), the utility shall
determine the billing adjustment for the error using the longer or shorter time
period, as applicable. This Section will not apply to occasions when the utility
found the measurement equipment to under-register, but the utility did not meet all
of the prescribed testing and maintenance requirements for the measurement equipment
set forth in Subpart B.
7) When a
utility finds that an error results from a gas meter registering gas leaking from
the meter, the utility shall estimate the amount of leaked gas that the meter has
registered in accordance with this subsection (a) to determine the billing
adjustment.
8) The provisions of this
subsection (a) do not apply to situations in which a utility detects tampering of
the gas measurement equipment by the customer and the customer enjoyed the benefit
of the tampering.
b) If a
current or previous alternative gas supplier receives a notice of meter test results
and applicable billing adjustment and explanation for services provided by the
utility pursuant to subsection (a), the alternative gas supplier shall determine the
applicable billing adjustment for its gas supply services pursuant to the terms and
conditions of its contract with the customer using the same usage adjustment applied
by the utility for the applicable time period. Within 45 days after receipt of the
notice from the utility, the alternative gas supplier shall submit, if applicable,
its resulting billing adjustment to the utility if consolidated billing is or was
provided by the utility, or to the customer if single or dual billing is or was
provided by the alternative gas supplier. An alternative gas supplier may include
terms and conditions in its contracts that provide for billing that is not dependent
on the volume of gas consumed by the customer, but its customer contract shall not
otherwise eliminate a customer's right to a billing adjustment.
c) If an alternative gas supplier has signed a
contract with a customer with billing that is not dependent on the volume of gas
consumed by the customer and would require the alternative gas supplier to pay on
behalf of the customer any under-collected distribution charges that result from the
billing adjustment for services provided by the utility, the alternative gas
supplier shall pay the charges on behalf of the customer within 45 business days
after the date of the notice of test, billing adjustment, and explanation received
from the utility.
d) The applicable
usage adjustments calculated pursuant to subsection (a) shall be used in determining
the pool or supply requirements of the alternative gas supplier to the utility, or
any adjustments to those requirements.
e) The provisions of this Section shall apply only
to:
1) Natural gas public utilities; and
2) Alternative gas suppliers serving residential
or small commercial customers and only to the extent that the alternative gas
suppliers provide services to residential or small commercial customers.
