04 N.C. Admin. Code 11 R08-44 - METHOD OF ADJUSTMENT FOR RATES VARYING FROM SCHEDULE OR FOR OTHER BILLING ERRORS
If it is found that a utility has directly or indirectly, by any device whatsoever, charged, demanded, collected or received from any consumer a greater or less compensation for any service rendered or to be rendered by such utility than that prescribed in the schedules of such utility applicable thereto then filed in the manner provided in Chapter 62 of the North Carolina General Statutes; or if it is found that any consumer has received or accepted any service from a utility for a compensation greater or less than that prescribed in such schedules; or if, for any reason, billing error has resulted in a greater or lesser charge than that incurred by the consumer for the actual service rendered, then the method of adjustment for such overcharge or undercharge shall be as provided by the following:
(1) If the utility has willfully overcharged
any consumer, then the method of adjustment shall be as provided in
G.S.
62-139(b).
(2) If the utility has inadvertently
overcharged a consumer as a result of a misapplied schedule, an error in
reading the meter, a skipped meter reading, or any other human, machine, or
meter error, the utility shall at the customer's option, refund the excess
amount paid by that consumer or credit the amount billed as provided by the
following:
a. If the interval during which the
consumer was overcharged can be determined, then the utility shall credit or
refund the excess amount charged during that entire interval provided that the
applicable statute of limitations shall not be exceeded.
b. If the interval during which the consumer
was overcharged cannot be determined, then the utility shall credit or refund
the excess amount charged during the 12 month period preceding the date when
the billing error was discovered.
c. If the exact usage and/or demand incurred
by that consumer during the billing periods subject to adjustment cannot be
determined, then the refund shall be based on an appropriate estimated usage
and/or demand.
d. If an overcharged
consumer owes a past due electric balance for the same type of service on which
an overcharge occurred, the utility may deduct the past due amount from any
refund or credit.
(3) If
the utility has undercharged any consumer as the consequence of a fraudulent or
willfully misleading action on that consumer's part, or any such action by any
person other than the employees or agents of the company, such as tampering
with, or bypassing the meter where it is evident that such tampering or
bypassing occurred during the residency of that consumer, or if it is evident
that a consumer has knowledge of being undercharged without notifying the
utility as such the utility shall recover the deficient amount as provided by
the following:
a. If the interval during which
the consumer was undercharged can be determined, then the utility shall collect
the deficient amount incurred during that entire interval, provided that the
applicable statute of limitations is not exceeded.
b. If the interval during which the consumer
was undercharged cannot be determined, then the utility shall collect the
deficient amount incurred during the 12 month period preceding the date when
the billing error was discovered by the utility.
c. If the usage and/or demand incurred by
that consumer during the billing periods subject to adjustment cannot be
determined, then the adjustment shall be based on an appropriate estimated
usage and/or demand.
(4)
If the utility has undercharged any consumer as the result of a misapplied
schedule, an error in reading the meter, a skipped meter reading, or any other
human, machine, or meter error, except as provided in (3) above, then the
utility shall recover the deficient amount as provided by the following:
a. If the interval during which a consumer
having a demand of less than 50kW was undercharged can be determined, then the
utility may collect the deficient amount incurred during that entire interval
up to a maximum period of 150 days. For a consumer having a demand of 50 kW or
greater, the maximum period shall be 12 months.
b. If the interval during which a consumer
was undercharged cannot be determined, then the utility may collect the
deficient amount incurred during the 150 day period preceding the date when the
billing error was discovered by the utility. For a consumer having a demand of
50 kW or greater, the maximum period shall be 12 months.
c. If the usage and/or demand incurred by
that person during the billing periods subject to adjustment cannot be
determined, then the adjustment shall be based on an appropriate estimated
usage and/or demand.
d. The
consumer shall be allowed to pay the deficient amount, in equal installments
added to the regular monthly bills, over the same number of billing periods
which occurred during the interval the customer was subject to pay the
deficient amount.
(5)
This rule shall not be construed as to prohibit equal payment plans, wherein
the charge for each billing period is the estimated total annual bill divided
by the number of billing periods prescribed by the plan, and the difference
between the actual and estimated annual bill is settled by one payment at the
end of the year. However, incorrect billing under equal payment plans shall be
subject to this rule.
(6) This rule
shall not be construed as to prohibit the estimation of a consumer's usage for
billing purposes when it is not feasible to read the consumer's meter on a
particular occasion.
(7) If the
meter error is found upon test to be not more than 2% fast or slow, the utility
shall not be required to make a billing adjustment under (2) above or allowed
to make a billing adjustment under (4) above.
Notes
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