Working on a case here in Cincinnati where Duke Energy is insisting they can only adjust bills back 24 months. Client has been overcharged on Schedule DP demand charges for at least 4 years due to incorrect contract demand being applied. Anyone know what Ohio law actually says about utility billing error statute of limitations? Duke is being pretty stubborn about this.
Ohio statute question - Duke Energy claiming 2 year limit
Cecilia, I haven't dealt with Duke in Ohio but here in Alabama, Alabama Power tries the same thing. State law is usually different from utility policy. Check Ohio Revised Code section 4905 - that's where most utility regulations are. Also look at PUCO rules, they sometimes have longer periods for utility errors vs customer disputes.
In North Carolina, Duke tries to limit it to 2 years in their tariff but state law allows longer for utility errors. The key is proving it was their mistake, not customer usage patterns. Contract demand errors are usually pretty clear cut - either they have the right number in the system or they don't.
I looked this up for a Pennsylvania case last year. Ohio PUCO rules allow utilities to collect underbilling back up to 6 years, so logically they should allow refunds for overbilling the same period. It's in Ohio Admin Code 4901:1-18. File a formal complaint if they won't budge - the PUCO staff usually knows their own rules better than utility customer service.