Got a client in Chicago getting hit with an 18-month backbill from ComEd for undercharged demand. I thought Illinois Public Utilities Act limited backbilling to 12 months? Has anyone seen ComEd successfully collect beyond 12 months recently? This is for a manufacturing facility, about $47,000 in additional charges they're claiming from meter misread.
ComEd trying to backbill 18 months - thought Illinois was 12?
Yuri, you're correct on the 12-month general rule under 83 Ill. Adm. Code Section 280.160. However, there's an exception for "utility error" vs "customer tampering or fraud." If ComEd can prove the customer somehow contributed to the billing error, they can go back further. What was the cause of the meter misread? Was it accessibility issues on the customer's end?
Greg, the meter was apparently blocked by some equipment the customer installed near the transformer. ComEd is claiming this prevented proper readings for 18 months. Customer says they had no idea the meter location was an issue and ComEd never notified them until now.
That's a tough one. In North Carolina, Duke Energy has pulled similar moves when customer actions interfere with meter access. The key question is whether ComEd made reasonable efforts to read the meter and notify the customer of access problems during those 18 months. Did they leave door hangers or send notices about estimated readings?
I'd check ComEd's tariff schedule. Here in Colorado, Xcel has specific language about customer responsibility for meter accessibility. If the customer's equipment installation genuinely prevented readings, ComEd might have grounds for the extended backbill period. But they still need to prove they made good faith efforts to resolve the access issue.
Found the smoking gun! ComEd's billing records show they estimated readings for 8 months straight without a single notice to the customer about access problems. Illinois Commerce Commission precedent suggests utilities must make "diligent efforts" to obtain actual readings. Filing a formal complaint next week.
Nice work, Yuri! That's exactly the angle I'd pursue. ComEd has an affirmative duty under their tariff to notify customers of access issues within 30 days of the first estimated read. Keep us posted on the ICC response.