Carol from Charlotte. Found a demand meter error that appears to have started about 4 years ago. The meter multiplier was set incorrectly at the last meter exchange. My state's utility commission rules give customers 2 years to dispute billing errors. The 2-year limitation may cut off half the overcharge. Has anyone pushed a statute of limitations argument beyond the standard lookback period?
Demand charge error found years after the fact — statute of limitations question
Karen from Boise. The standard limitations period in most states is 2 to 3 years for billing disputes. Some states have provisions that toll the limitations period when the error was not reasonably discoverable — meaning if the error was concealed or the customer had no way to know, the clock may not start running until discovery.
Karen, is a meter multiplier error the kind of thing a customer could reasonably be expected to discover?
Karen again. Arguable either way. A sophisticated commercial customer reviewing detailed billing might notice it. But most customers simply pay the bill. The discovery rule argument depends on whether the utility's billing statements gave the customer enough information to identify the multiplier being applied.
Nancy from St. Louis. I pushed a 4-year recovery on a multiplier error by arguing the utility had a duty to disclose the meter factor on the bill. The bill showed the usage but not the multiplier applied to it. Without the multiplier on the bill the customer had no means to verify accuracy. The commission sided with me and allowed the full 4-year recovery.
Nancy that is the precedent I needed. Is the commission decision something I can cite in my filing?
Nancy again. Yes and I recommend it. PUC dockets are public record and citing a prior commission decision in the same territory carries significant weight. Look up the case number in the commission's online docket system.