Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 25 - SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS › Subchapter F - METERING › Section 25.125 - Adjustments Due to Non-Compliant Meters and Meter Tampering in Areas Where Customer Choice Has Not Been Introduced

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Applicability. This section applies to an electric utility in an area in which
				  customer choice has not been introduced and shall take effect July 1,
				  2010.
(b) Back-billing and meter
				  tampering charges. If any meter is found not to be in compliance with the
				  accuracy standards required by §
										RSA
				  25.121<subdiv>(e)</subdiv> of
				  this title (relating to Meter Requirements), readings for the time the meter
				  was in service since last tested shall be corrected only as allowed below, and
				  adjusted bills shall be rendered, except that previous readings shall not be
				  corrected for any period in which the current customer was not the customer.
				  The utility shall also bill the customer for any tampering, meter repair, or
				  restoration charges due to meter tampering, if the current customer was the
				  customer when the meter tampering began. Eligibility for an extended payment
				  plan for back-billed amounts relating to meter tampering shall be determined
				  under the applicable commission rules provided that, for back-billed amounts
				  exceeding double the amount of a deposit permitted under §
										RSA
				  25.24 of this title (relating to Credit
				  Requirements and Deposits), the utility shall offer repayment over no less than
				  six equal monthly installments.
(c)
				  Calculation of charges. The charge for any period in which the meter was not in
				  compliance with the accuracy standard shall be based on an estimate of
				  consumption under conditions similar to the conditions when the meter was not
				  registering accurately, during a prior or subsequent period for that location
				  or a similar location, to the extent such information is available.
(d) Burden of proof. If a customer challenges
				  the utility's determination of meter tampering or the imposition of charges
				  based on any such determination in a contested case proceeding before the
				  commission, the utility bears the burden of proof that meter tampering
				  occurred.
(e) Additional
				  requirements. By April 1 of each calendar year, each utility shall file with
				  the commission a report detailing the following for the previous calendar year
				  concerning meter tampering:
(1) Total number
				  of customers for which meter tampering was determined by the utility;
(2) The number of customers back-billed and
				  the average of the following charges per customer:
(A) utility delivery and energy charges,
				  and
(B) meter tampering, repair,
				  and restoration charges; and
(3) Total number of cases referred to law
				  enforcement for prosecution that included photographs, a descriptive incident
				  report, affidavit, and notification to law enforcement of the availability of
				  physical evidence in the case.