Rate class dispute — utility keeps asking for more documentation

Harold from Olathe. Six months into a rate class dispute and the utility keeps requesting additional documentation every time I respond to their previous request. First they wanted 24 months of production records. Then equipment specifications. Then a licensed electrician's statement on connected load. Now they want a third-party load study. Each request buys them another 30 to 60 days. Is this a legitimate process or are they stalling?

Derek from Charlotte. It can be both. Some of those requests are legitimate — connected load documentation and an electrician's statement are reasonable. A third-party load study starts to feel like stonewalling, especially if the metered data already shows the load clearly.

The metered 15-minute interval data is unambiguous. The peak demand is 340 kW every workday. The threshold for the rate I am claiming is 200 kW.

Phil from Tampa. If you have 24 months of interval data showing consistent peaks above 200 kW that should be the end of the factual dispute. A third-party load study is redundant and the utility knows it. File a PUC complaint. That changes the dynamic immediately.

I have been reluctant to go to the PUC because the client relationship with the utility is ongoing and they worry about retaliation.

Meredith from Raleigh. Utility retaliation for filing a legitimate regulatory complaint is itself a regulatory violation in most states. That concern is understandable but it is usually not as real as clients fear.

Derek from Charlotte. I have filed PUC complaints on a dozen utilities over the years. Not once did a client experience any retaliation. What did happen is that the utility responded within 30 days every single time, after months of foot-dragging.

Going to have the conversation with my client about the PUC option and let them decide. But I think you are right that we have been too patient.