Client got hit with a $47,000 backbill from NYSEG claiming meter issues going back to 2004. They're saying tariff allows unlimited lookback for "fraud or tampering" but this was clearly just a defective meter. NY Public Service Law says 2 years max for utility error, right? Anyone dealt with NYSEG on this type of case? They're being really aggressive about it and client is freaking out.
NYSEG trying to go back 8 years - legal?
Gail, you're absolutely right about the 2-year rule in NY. PSC regs are clear - utility error or defective equipment limits them to 24 months. The "fraud or tampering" exception requires them to prove intentional customer action. Defective meter doesn't qualify. I've beaten NYSEG on similar cases by demanding proof of tampering evidence. They usually back down when pressed for documentation.
What Vince said. Also check if they followed proper notification procedures - NY requires written notice within 30 days of discovering the billing error. If they sat on it for months before billing, that's another argument. Frank at FirstEnergy territory but see this all the time with Ohio utilities trying same tricks.
File a formal complaint with NY PSC immediately. NYSEG hates the paperwork and scrutiny. Include photos of the meter if you can get them, maintenance records, anything showing it was utility equipment failure. We had success arguing that customer relied on utility's billing accuracy and shouldn't be penalized for their equipment problems.
Thanks everyone. Filed the PSC complaint this morning and demanded all meter test records and maintenance logs. NYSEG suddenly wants to "discuss a payment arrangement" instead of demanding full amount. Funny how that works. Will update when we get their response to the data request.
Good move filing quickly. In Ohio we see FirstEnergy try similar tactics but they usually fold when you mention PSC complaint. Document everything - dates, phone calls, who you talked to. These cases often come down to proving utility knew about the problem and delayed action.
Update us on how it goes with NYSEG. These precedents help all of us when dealing with backbill abuse. The 2-year rule exists for good reason - utilities can't sleep on their own equipment problems then dump the costs on customers years later.