Been fighting ConEd for 8 months over a $45K demand billing error. They acknowledge the error but claim it's outside the 2-year statute of limitations. My research shows NY allows 6 years for billing errors. Anyone dealt with this situation? Client wants to hire an attorney.
ConEd refusing to pay - threatening legal action
ConEd is notorious for this. They hope you'll give up. File with the NY PSC immediately - they don't mess around with utilities trying to avoid paying legitimate claims. I've won three cases like this with ConEd through PSC intervention.
What's the specific tariff violation? If it's a rate schedule error, that's usually 6 years. If it's a meter reading issue, might be different. ConEd's lawyers know the difference and will try to categorize it as the shorter limitation period.
ConEd pulls this stunt regularly. NY PSC General Order 1 clearly states 6 years for billing errors. File the PSC complaint ASAP and reference that order. Don't let them bully you - they'll fold once PSC staff gets involved. Keep your client informed but don't let them panic into legal fees yet.
PSC complaint filed today. Referenced General Order 1 and attached all documentation. Hopefully this lights a fire under them. Will keep everyone posted on the outcome.
Update: ConEd called 3 days after PSC complaint was filed. Suddenly they're willing to negotiate. Amazing how fast they move when the regulators get involved!