Current through Reg. 50, No. 13; March 28, 2025
(a)
Purpose. This section allows a customer to choose to receive electric service
through a non-standard meter from an electric utility that has deployed or is
requesting to deploy advanced meters under a commission-approved deployment
plan or notice of deployment and authorizes the electric utility to assess fees
to recover the costs associated with this section from a customer who elects to
receive electric service through a non-standard meter.
(b) Applicability. This section is applicable
to an electric utility, including a transmission and distribution utility, that
has deployed or is requesting to deploy advanced meters under a
commission-approved deployment plan or notice of deployment. Any requirement in
this section that relates to retail electric providers (REPs) is applicable
only to REPs and electric utilities that operate in areas open to customer
choice.
(c) Definitions. As used in
this section, the following terms have the following meanings, unless the
context indicates otherwise:
(1) Advanced
meter -- As defined in §
25.130 of this title (relating to
Advanced Metering).
(2)
Non-standard meter -- A meter that does not function as an advanced
meter.
(3) Non-standard metering
service -- Provision of electric service through a non-standard meter from an
electric utility that has deployed or is requesting to deploy advanced meters
under a commission-approved deployment plan or notice of
deployment.
(d)
Initiation and termination of non-standard metering service.
(1) Initiation of non-standard metering
service. An electric utility that has deployed or is requesting to deploy
advanced meters under a commission-approved deployment plan or notice of
deployment must offer non-standard metering service to customers.
(A) An electric utility filing a deployment
plan or notice of deployment under §
25.130 of this title after the
effective date of this section must include non-standard metering service as a
part of the plan or notice.
(i) Within 30
days of the date of commission approval of an electric utility's deployment
plan or the filing of a notice of deployment, the electric utility must provide
information on its website that describes its non-standard metering service,
the process under this section to request non-standard metering service, and
all the costs associated with the service.
(ii) An electric utility must provide a
statement that non-standard metering service is available and provide a
hyperlink to the information required under clause (i) of this subparagraph in
all notices and messages delivered to a customer relating to the deployment
date of advanced meters in the customer's geographic area.
(B) An electric utility must provide notice
to a customer consistent with subparagraph (C) of this paragraph within seven
days of the customer's request for non-standard metering service, using an
appropriate means of service.
(C)
An electric utility must notify a customer that requests non-standard metering
service of the following through a written acknowledgement.
(i) The customer will be required to pay the
costs associated with the initiation(n of non-standard metering service and the
ongoing costs associated with the manual reading of the meter, and other fees
and charges that may be assessed by the electric utility that are associated
with the non-standard metering service;
(ii) The current one-time fees and monthly
fee for non-standard metering service;
(iii) The customer may be required to wait up
to 45 days to switch the customer's REP of record;
(iv) The customer may experience longer
restoration times in case of a service interruption or outage;
(v) The customer may be required by the
customer's REP of record to choose a different product or service before
initiation of the non-standard metering service, subject to any applicable
charges or fees required under the customer's existing contract, if the
customer is currently enrolled in a product or service that relies on an
advanced meter; and
(vi) For a
customer that does not currently have an advanced meter, the date (60 days
after service of the notice) by which the customer must provide a signed,
written acknowledgement and payment of the one-time fee to the electric utility
prescribed by subsection (f)(3) of this section. If the signed, written
acknowledgement and payment are not received within 60 days, the electric
utility will install an advanced meter on the customer's
premises.
(D) The
electric utility must retain the signed, written acknowledgement for at least
two years after the non-standard meter is removed from the premises. The
commission may adopt a form for the written acknowledgement.
(E) An electric utility must offer
non-standard metering through the following means:
(i) disabling communications technology in an
advanced meter if feasible;
(ii) if
applicable, allowing the customer to continue to receive metering service using
the existing meter if the electric utility determines that it meets applicable
accuracy standards;
(iii) if
commercially available, an analog meter that meets applicable meter accuracy
standards; and
(iv) a digital,
non-communicating meter.
(F) The electric utility must not initiate
the process to provide non-standard metering service before it has received the
customer's payment and signed, written acknowledgement. The electric utility
must initiate the approved standard market process to notify the customer's REP
of record within three days of the electric utility's receipt of the customer's
payment and signed, written acknowledgement. Within 30 days of receipt of the
payment of the one-time fee and the signed written acknowledgement from the
customer, the electric utility, using the approved standard market process,
must notify the customer's REP of record of the date the non-standard metering
service was initiated.
(2) Termination of non-standard metering
service. A customer receiving non-standard metering service may terminate that
service by notifying the customer's electric utility. The customer will remain
responsible for all costs related to non-standard metering
service.
(e) Other
electric utility obligations.
(1) When an
electric utility completes a move-out transaction for a customer who was
receiving non-standard metering service, the electric utility must install or
activate an advanced meter at the premises.
(2) An electric utility must read a
non-standard meter monthly. In order for the electric utility to maintain a
non-standard meter at the customer's premises, the customer must provide the
electric utility with sufficient access to properly operate and maintain the
meter, including reading and testing the meter.
(f) Cost recovery and compliance tariffs. All
costs incurred by an electric utility to implement this section must be borne
only by customers who choose non-standard metering service. A customer
receiving non-standard metering service must be charged a one-time fee and a
recurring monthly fee.
(1) An electric
utility's application for approval of its non-standard metering service tariff
or amended tariff must be fully supported with testimony and documentation. The
application must include one-time fees and a monthly fee for non-standard
metering service and must also include the fees for other discretionary
services performed by the electric utility that are affected by the customer's
selection of non-standard metering service. The commission will allow the
electric utility to recover the reasonable rate case expenses that it incurs
under this paragraph as part of the one-time fee, the monthly fee, or both. The
application must describe the extent to which the back-office costs that are
new and fixed vary depending on the number of customers receiving non-standard
metering service. Unless otherwise ordered, the electric utility must serve
notice of the approved rates and the effective date of the approved rates
within five working days of the filing of the commission's final order to REPs
that are authorized by the registration agent to provide service in the
electric utility's service area. Notice to REPs under this paragraph may be
served by email and must be served at least 45 days before the effective date
of the rates.
(2) An electric
utility must have a single recurring monthly fee for non-standard metering
service and several one-time fees, one of which must apply to the customer
depending on the customer's circumstances. A one-time fee must be charged to a
customer that does not have an advanced meter at the customer's premises and
will continue receiving metering service through the meter currently at the
premises. For a customer that currently has an advanced meter at the premises,
the fee will vary depending on the type of meter that is installed to provide
non-standard metering service, and the fee must include the cost to remove the
advanced meter and subsequently re-install an advanced meter once non-standard
metering service is terminated. The one-time fee must recover costs to initiate
non-standard metering service. The monthly fee must recover ongoing costs to
provide non-standard metering service, including costs for meter reading and
billing. Fixed costs not related to the initiation of non-standard metering
service may be allocated between the one-time and monthly fees and recovered
through the monthly fee over a shortened period of time.
(g) Retail electric product compatibility.
After receipt of the notice prescribed by subsection (d)(1)(C) of this section,
if the customer's current product is not compatible with non-standard metering
service, the customer's REP of record must work with the customer to either
promptly transition the customer to a product that is compatible with
non-standard metering service or transfer the customer to another REP, subject
to any applicable charges or fees required under the customer's existing
contract. If the customer is unresponsive, the customer's REP of record may
transition the customer without the customer's affirmative consent to a
market-based, month-to-month product that is compatible with non-standard
metering service. Alternatively, if the customer is unresponsive, the
customer's REP of record may transfer the customer to another REP under
§25.493 (relating to Acquisition and Transfer of Customers from One Retail
Electric Provider or Another) so long as the new REP serves the customer using
a market-based, month-to-month product with a rate (excluding charges for
non-standard metering service or other discretionary services) no higher than
one of the tests prescribed by §
25.498(c)(15)(A) -
(C) of this title (relating to Prepaid
Service). The customer's REP of record must promptly provide the customer
notice that the customer has been transferred to a new product and, if
applicable, to a new REP, and must also promptly provide the new Terms of
Service and Electricity Facts Label.