Working on a Duke Energy case in North Carolina where we found $47K in overcharges going back 5 years. Duke is claiming their tariff limits refunds to 2 years max. Has anyone dealt with this before? The NC statute says 3 years for billing disputes but they're pushing back hard.
Duke Energy Pushback - They're Claiming Statute of Limitations
Gil - check the NC PUC rules, not just Duke's tariff. Utilities love to cite their own limitations but state regulations usually override. I've seen Duke lose this argument before when it goes to the commission.
Frank's right. Duke tried this same move on me in South Carolina. Filed a formal complaint with the PSC citing state statute and they backed down within 30 days. Don't let them bully you with tariff language.
This is a common Duke tactic. The NC statute of limitations is indeed 3 years for utility billing disputes. Their tariff language doesn't supersede state law. File with the NCUC if they won't budge - include a copy of the relevant statute in your filing.
Thanks everyone. Filing with NCUC tomorrow. Randy - do you have the specific statute citation handy? Want to make sure I reference it correctly.
It's NCGS § 62-140. Good luck with the filing Gil!