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 25.126 - Adjustments Due to Non-Compliant Meters and Meter Tampering in Areas Where Customer Choice Has Been Introduced

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Applicability. This section applies to a transmission and distribution utility
				  (TDU) and a retail electric provider (REP) in an area in which customer choice
				  is available. The implementation of this section shall take effect on July 1,
				  2010. This section does not limit a TDU's or REP's right to seek redress for
				  meter tampering through civil and criminal proceedings.
(b) Back-billing and meter tampering charges.
(1) If any meter is found to be non-compliant
				  with the accuracy standards required by §
											RSA
				  25.121<subdiv>(e)</subdiv> of
				  this title (relating to Meter Requirements), or if the TDU has provided
				  incorrect consumption or billing data to the REP, then consumption or billing
				  data shall be corrected, and adjusted bills shall be rendered. The TDU shall
				  not back-bill for any period in which the current customer was not the customer
				  of record, or the current REP was not the REP of record. The TDU shall not
				  assess any meter tampering fees, meter repair charges, or restoration charges
				  due to meter tampering, if the current customer was not the customer of record
				  when the meter tampering began, or if the current REP was not the REP of record
				  when the meter tampering began.
(2)
				  Back-billing under this subsection shall not exceed a period of:
(A) three months, if the TDU discovers a
				  non-compliant meter or other equipment that has not been affected by meter
				  tampering and the back-billing would result in additional electricity charges
				  to the customer; or
(B) six months,
				  if the TDU discovers a non-compliant meter that has been affected by meter
				  tampering and the back-billing would result in additional charges or fees to
				  the customer.
(3) The
				  back-billing shall not be limited if the TDU discovers a non-compliant meter
				  that has not been affected by meter tampering or has provided incorrect meter
				  readings that are unrelated to meter tampering and the back-billing would
				  result in a credit to the customer.
(4) In instances where the TDU finds it
				  appropriate, the TDU may assess charges for services received by the customer
				  prior to the six months back-billed to the REP, and the charges assessed beyond
				  six months shall be sent to the end-use customer directly by the TDU. Charges
				  assessed by the TDU pursuant to this paragraph may extend to periods in which
				  the current REP of Record was not the REP of record. Energy charges shall be
				  determined using the ERCOT-wide bus average hub price as calculated by the
				  independent system operator for the applicable time periods. The utility shall
				  notify the current REP of record of the charges assessed to the customer beyond
				  six months. The TDU shall pay the current REP of record 50% of the energy
				  charges collected for the period of time in which that REP was the REP of
				  record. The TDU shall provide the energy charges to the REP pursuant to a
				  method agreed to by the REP and the TDU.