Ala. Admin. Code r. 770-X-3-.15

Current through Register Vol. 43, No. 1, October 31, 2024

Section 770-X-3-.15 - Billing Inaccuracies

(1) On request, the utility will test any meter through which the customer is receiving service. If the test shows such meter to be accurate within two percent (2%) plus or minus, the cost of such test shall be borne by the customer when the meter has been tested within the past twelve (12) months; otherwise, it shall be at the expense of the utility.

(2) Adjustments for billing inaccuracies shall be limited to the most recent thirty-six (36) month period and shall be made as follows:

(a) Whenever a meter in service is found, upon test by the utility or the Commission, to be in excess of two percent (2%) fast or slow as determined by the average error method or any other method prescribed by the Commission or whenever any other equipment affecting the metering or billing of the customer's service fails to perform properly:

1. If the date the meter first became inaccurate or the equipment failed to perform can be definitely ascertained, an adjustment shall be made for the incorrect amount charged since said date in the most recent thirty-six (36) month period, over or under what the billing would have been had the meter registered with one hundred percent (100%) accuracy.

2. Otherwise, adjustments shall be calculated by adjusting the customer's metered consumption for the most recent thirty-six (36) month period by the application of the percentage of error related to one hundred percent (100%) accuracy as determined by a current test or use of the most reliable available information. The rates effective during said thirty-six (36) month period shall be applied to this adjusted consumption and the difference between the amount so obtained and the actual billing shall be adjusted to the customer.

3. Refunds shall be made either as a credit to the customer's next monthly bill or in a lump sum payment within forty-five (45) days of confirmation of inaccurate billing, such method of refund to be mutually agreed upon by the utility and the customer.

4. In the event the inaccuracy results in the customer having underpaid for utility service, no back-billing shall be allowed without prior written notification to the customer by the utility. Such notice shall inform that the customer shall be given the option of repayment of the amount due in monthly installments equal to the period of said under-billing, or by any other mutually agreeable arrangement, except in cases of meter or equipment tampering and/or unauthorized use.

(b) Whenever a billing inaccuracy (other than inaccuracies related to misread meters corrected through the next actual meter reading) would not have occurred or would have been corrected more promptly but for a failure of the utility to perform in accordance with applicable rules of this Commission or the written policies, procedures or practices of the utility and the affected customer has not caused or contributed to the billing inaccuracy or failed to notify the utility of any known or suspected billing inaccuracy, the utility shall:

1. Notify the customer of the billing inaccuracy,

2. Correct the billing inaccuracy without charge to the customer for any under-billings caused by the utility's failure,

3. Bill the customer for any under-billings associated with the inaccuracy for the most recent thirty-six (36) month period that were not caused by the utility's failure in accordance with subparagraph (B) (1) hereof, and

4. Refund to the customer any over-billings caused by the utility's failure for the most recent thirty-six (36) month period calculated in accordance with the methods set out in subparagraph (B) (1) above with interest at the rate applicable to customer service deposits under 770-X-1-.08 of the General Rules of the Alabama Public Service Commission.

(c) The thirty-six (36) month limitation set out in this rule and the provisions of subparagraph (B) (2) hereof are not applicable to limit recovery of unbilled revenue or any other relief otherwise available to the utility in any case where the billing inaccuracy relates to meter or equipment tampering and/or unauthorized use.

Ala. Admin. Code r. 770-X-3-.15

Effective December 1991. Filed with LRS February 5, 2013. Filed for Codification in the Alabama Administrative Code by the Alabama Public Service Commission on February 5, 2013, pursuant to Code of Ala. 1975, § 41-22-7.

Author: Alabama Public Service Commission

Statutory Authority:Code of Ala. 1975, §§ 37-1-32, 37-1-38, 37-1-52, 37-1-53.