What every LOA must include — the essential clauses

Started by Randy Dawson — 15 years ago — 26 views
Randy D from Memphis, TN. Getting a lot of questions from newer members about LOAs so I want to lay out the essential elements. A Letter of Authorization is the legal document that gives you permission to access a client utility account data and communicate with the utility on their behalf. Without it, the utility will not talk to you. A weak LOA means delays, rejected requests, and incomplete data. Here is what every LOA should include at minimum: 1) Full legal name of the account holder exactly as it appears on the utility bill. 2) Complete account numbers for every account being audited. 3) Service addresses for each account. 4) The name and contact information of the authorized representative — that is you. 5) A clear statement of what you are authorized to do: obtain billing records, meter data, rate schedule information, and communicate with utility personnel regarding the account. 6) Duration of the authorization — I recommend 24 months minimum. 7) Signature of the account holder or an authorized officer, with printed name, title, and date. Miss any of these and the utility will bounce your LOA back.
Randy, I would add one more: a clause authorizing the release of interval data and demand data in electronic format. Some utilities will send you 24 months of billing summaries in PDF but refuse to release the 15-minute interval data unless the LOA specifically requests it. The interval data is where the real analysis happens. Without it you are working blind on demand charge and TOU issues.
Good list. I also include language that covers all current and future accounts at the same service address. Clients sometimes have multiple meters they forgot to mention, or they add a new meter during the audit period. If the LOA only covers specific account numbers, you have to go back for a new signature every time a new account appears.
Frank makes a great point about future accounts. I learned this the hard way when a client added a sub-meter for their new EV charging stations. The utility said my LOA did not cover the new account. Had to get a revised signature which delayed the analysis by 3 weeks.
One clause I started adding after a bad experience: authorization to file disputes and rate change requests on behalf of the account holder. Some utilities distinguish between read-only data access and the authority to actually submit filings. If your LOA only authorizes data access, the utility will refuse to process your dispute filing and require the client to submit it directly. That adds weeks to every case.
Angela, excellent addition. The dispute filing authority is critical. My LOA has a section that says the authorized representative is empowered to request billing corrections, file rate schedule change requests, submit dispute claims, and take any other action related to the accurate billing of the accounts listed herein. That broad language covers everything without requiring a new LOA for each action.
I also include a confidentiality acknowledgment on the LOA itself — a sentence that says the authorized representative agrees to maintain the confidentiality of all account data obtained under this authorization. Some corporate clients require it before their legal department will approve the LOA. Having it built in saves a round of negotiation.
One more practical tip: always get the LOA signed in ink or via DocuSign with a verifiable audit trail. I had a utility reject a scanned PDF signature because they could not verify it was not copy-pasted from another document. Since then I use DocuSign for everything — it timestamps the signature and provides a certificate of completion that no utility has ever questioned.
Great additions from everyone. To summarize the complete LOA checklist: account holder name, account numbers, service addresses, authorized rep info, scope of authorization (data access AND dispute filing), interval data request, all current and future accounts clause, duration, confidentiality acknowledgment, and verifiable signature. Get all of these right and you will never have an LOA rejected.