Working on a case where we found Georgia Power has been incorrectly applying Schedule PL-1 demand charges to a manufacturing client since 2009. The utility is only willing to go back 36 months for refunds, citing their tariff limitations. Has anyone successfully pushed Georgia Power back further than 3 years? The client is looking at potentially $180K in overcharges if we can get the full recovery period. Any insights on their actual statute of limitations would be appreciated.
Georgia Power - how far back for industrial demand errors?
Rachel, I've dealt with Georgia Power on similar issues. Their standard position is 36 months per their tariff, but the Georgia PSC actually allows up to 4 years for billing corrections in certain circumstances. You'll need to file a formal complaint with the PSC if they won't budge. Document everything showing the utility's error, not customer error. I got them to go back 47 months on a Schedule PL-3 case in 2015 using this approach. The key is proving it was their mistake in rate application.
Thanks Greg! That's exactly what I needed to hear. Do you remember the PSC docket number or have any documentation you could reference? I want to make sure I'm citing the right precedent when I push back with them. The client definitely has a strong case - this was clearly Georgia Power's error in interpreting the PL-1 qualifying criteria.
I can chime in from the Pennsylvania side - similar issues with Duquesne Light. Their tariff says 24 months, but Pennsylvania PUC Rule 1407 actually allows up to 4 years for utility billing errors. Had a $95K recovery case where we went back 52 months successfully. The trick is distinguishing between utility error vs. customer error. Utility errors get the longer recovery period. Keep pushing Rachel!
Here in Texas, we see this all the time with TXU and Oncor. PUCT Substantive Rule 25.28 allows up to 4 years for correction of utility billing errors. The utilities always start with their tariff language, but state regulations usually trump utility tariffs on statute of limitations. Rachel, definitely file with the Georgia PSC if they won't cooperate. These cases are worth fighting for your clients.
We had a similar battle with MLGW here in Memphis over incorrect application of Schedule GSA-3. They initially refused to go back more than 24 months, but after showing them Tennessee regulatory precedent, they agreed to 48 months and a $76K refund. Don't let them off easy with just the tariff language - state regs are your friend on these cases.
Rachel, I found my notes - it was PSC Docket 36582-U. The commission ruled that utility errors in rate schedule application can be corrected beyond the standard tariff period when the error was solely the utility's responsibility. Georgia Power had to refund 47 months worth of overcharges totaling $134K. Use that precedent in your filing.
Perfect Greg, thank you so much! Filed the complaint yesterday citing Docket 36582-U and emphasizing this was 100% Georgia Power's error in rate classification. Fingers crossed we get the same favorable outcome. Will update everyone once we hear back from the PSC. This forum is invaluable for these types of precedents!