Wanted to share a success story from Springfield, Missouri. Had a client who was being underbilled by Evergy for 6+ years due to a meter multiplier error - they had 40x in the system but should have been 400x. When Evergy discovered this, they wanted to back-bill $180,000+ for the full 6 years. I argued if they can collect back 6 years when THEY made the error, fairness requires same treatment when customers are overcharged. Took 8 months but finally got them to agree to a 6 year lookback window for all billing error cases.
Evergy (formerly KCP&L) - 6 year recovery on meter multiplier error
Excellent work Elmer! That's the reciprocity principle in action. Here in Texas, Oncor tried to back-bill a client 8 years for a similar meter error, so when I found overcharges on another account, I used their own precedent against them. These utilities can't have it both ways - long collection periods but short refund periods.
That's a great precedent to establish Elmer. Duke Energy here in the Carolinas typically tries to limit refunds to 2-3 years while collecting back bills for 6-10 years. I'm going to reference your Missouri case in future negotiations. The fairness argument resonates with most reasonable utility managers.
This is why documentation is so critical. Here in Arizona, I keep detailed records of every utility back-billing case to use as precedent for future refund claims. APS tried to collect 7 years on a transformer ratio error, so now I cite that case whenever they claim statute limitations on refunds.
Omar makes a great point about documentation. I maintain a spreadsheet of every statute of limitations case by utility and state. PPL here in Pennsylvania once went back 8 years for underbilling, so I reference that whenever they claim they can only refund 3 years. Precedent is powerful in these negotiations.
Sylvia, can you share that spreadsheet template? I think many of us would benefit from tracking precedents systematically. Idaho Power varies their statute claims depending on who you talk to - having documented precedents would help standardize their responses.
Warren, I'd love to see that template too. Montana-Dakota Utilities tried to tell me 12 months was their maximum just last year, but I know they've collected back-billing for much longer periods. A systematic tracking system would help all of us negotiate more effectively.
I'll work on cleaning up my spreadsheet and post it in the resources section. Basic format is: Utility, State, Case Type, Collection Period, Refund Period, Date, Reference/Contact. The key is recording THEIR collection precedents to use in refund negotiations.
This thread is exactly why I stay active on this forum. Practical strategies that work in the real world. I've been dealing with FirstEnergy companies in Ohio for years and they're all over the place on statute limitations. Having documented precedents will help enormously.
Cecilia, FirstEnergy is notorious for inconsistent policies between their operating companies. Ohio Edison, CEI, and Toledo Edison all seem to have different approaches. A standardized precedent database would help deal with all their subsidiaries more effectively.
Update on my Evergy case - they've now officially adopted a 6-year statute of limitations for ALL billing error adjustments in both directions. Got it in writing from their regulatory affairs department. Sometimes one good precedent case can change utility policy permanently. Persistence pays off!
Outstanding result Elmer! Getting policy changes in writing is huge. I'm working on something similar with Appalachian Power. They've been inconsistent on statute periods, so I'm pushing for written clarification based on their own collection precedents. Your success gives me hope.
Wanda, definitely push for written policy. Consumers Energy here in Michigan kept giving different answers depending on who I talked to. Finally escalated to VP level and got consistent 4-year policy in writing. Now I reference that letter in every case and avoid the runaround.
This has been one of the most valuable threads I've seen on statute of limitations. The reciprocity principle, documentation strategies, and pushing for written policies are all tactics I'll be using. Great work everyone, especially Elmer for sharing such a detailed case study.