Working on a case where Ohio Edison had the wrong multiplier on a large industrial account for over 4 years. We're talking about $180K in overbilling on their GS-3 rate schedule. Client wants to know how far back we can recover in Ohio. Anyone dealt with Edison on statute issues lately? Their tariff says they only have to refund 24 months but I think state law might override that.
Ohio Edison - how far back for demand billing errors?
Frank, I had a similar case with Ohio Edison in Youngstown about 18 months ago. They initially pushed back hard on anything past 2 years but we ended up getting 3.5 years through the PUCO complaint process. The key was proving they had constructive notice of the error through their own meter reading anomalies. File the formal complaint - it's worth the $50 fee for that kind of recovery.
Ohio typically follows the 4-year statute for contract claims. The tariff limitation is just their starting position. Document everything showing they should have caught the error earlier - that's your best argument for extending the recovery period.
Thanks guys. Jim, do you remember which PUCO docket that was? Would love to reference it in our filing. We have good documentation showing the demand readings were consistently 40% higher than they should have been - any competent analyst should have flagged it.
Let me dig through my files. I think it was docket 11-something but I'll get you the exact number. The precedent definitely helps. Also make sure you calculate interest - Ohio allows it on utility refunds.
Following this thread with interest. We're dealing with Georgia Power on a similar multiplier issue but only going back 2 years. Frank, please post an update on how your case turns out.
Will do Rachel. Jim found the docket number - it was 11-457-EL-CSS. Very helpful precedent. We're filing next week and I'll let everyone know the outcome.
Good luck Frank. That's a nice chunk of change for your client. These multiplier errors are more common than utilities want to admit.