Current through Register Vol. 56, No. 6, March 18, 2024
(a) Whenever a meter is found to be registering fast by more than two percent, or in the case of water meters, more than one and one half percent, an adjustment of charges shall be made in accordance with this section. No adjustment shall be made if a meter is found to be registering less than 100 percent of the service provided, except under (d) below.
(b) If the date when the meter first became inaccurate is known, the adjustment shall be determined as follows:
1. Determine the percentage by which the meter was in error at the time of the test, adjusted to 100 percent. This figure is not the amount in excess of the tolerance allowed under (a) above, but is the difference between 100 percent accuracy and the actual accuracy of the meter. For example, if the meter was found to be three percent fast, this percentage is three percent;
2. Determine the total charges for metered service that accrued during the entire period that the meter was in error; and
3. The amount of the adjustment shall be the percentage determined under (b)1 above, applied to the charges determined under (b)2 above.
(c) If the date when the meter first became inaccurate is not known, the adjustment shall be determined as follows:
1. Determine the percentage by which the meter was inaccurate at the time of the test adjusted to 100 percent. This figure is not the amount in excess of the tolerance allowed under (a) above, but is the difference between 100 percent accuracy and the actual accuracy of the meter. For example, if the meter was found to be three percent fast, this percentage is three percent;
2. Determine the applicable time period as follows:
i. Determine the period of inaccuracy; that is, the period between the test that found the meter inaccuracy and the earlier of the events at (c)2i(1) or (2) below (Note: The period of inaccuracy may be longer than the time the meter has served the existing customer):
(1) The most recent previous test of the meter; or
(2) The date upon which the meter was taken out of service at the customer's premises;
ii. Perform the following calculation:
(1) If the period of inaccuracy determined under (c)2i is shorter than the maximum permitted time between meter tests, as determined under 14:5-3.2, 14:6-4.2, or 14:9-4.1(b), divide the period of inaccuracy in half; or
(2) If the period of inaccuracy is longer than the maximum permitted time between meter tests, divide the permitted maximum time between meter tests in half; then add the difference between the maximum permitted time between meter tests and the period of inaccuracy;
iii. If the time determined under (c)2ii above is longer than the time the meter has served the existing customer, the applicable time period is the time the meter has served the existing customer;
iv. If the time determined under (c)2ii above is shorter than the time the meter has served the existing customer, the applicable time period is the time determined under (c)2ii above;
3. Determine the total charges that accrued during the applicable time period determined under (c)2 above; and
4. The amount of the adjustment shall be the percentage determined under (c)1 above, applied to the charges determined under (c)3 above.
(d) If a meter is found to be registering less than 100 percent of the service provided, the utility shall not adjust the charges retrospectively or require the customer to repay the amount undercharged, except if:
1. The meter was tampered with, or other theft of the utility service has been proven;
2. The meter failed to register at all; or
3. The circumstances are such that the customer should reasonably have known that the bill did not reflect the actual usage.
(e) If a meter is found to be registering less than 100 percent of the service provided because of theft or tampering under (d)1 above, the utility may require immediate payment of the amount the customer was undercharged.
(f) In cases of a charge to a customer's account under (d)2 or 3 above, the customer shall be allowed to amortize the payments for a period of time equal to that period of time during which the customer was undercharged.
