Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 305 - RULES FOR ELECTRICITY AND NATURAL GAS SUBMETERING AND FOR ENERGY ALLOCATION EQUIPMENT › Section 20VAC5-305-90 - Billing for apartment houses, office buildings, and shopping centers

Current through Register Vol. 40, No. 24, July 15, 2024
Bills shall be rendered for the same billing period as that
				  of the utility, generally monthly, unless service is rendered for more or less
				  than that period. Bills shall be calculated and rendered as promptly as
				  possible following receipt by the owner of the bill from the utility, but no
				  later than 15 days after receipt of the utility's bill. The submetering or
				  energy allocation equipment shall be read within three business days of the
				  scheduled reading date of the utility's master meter.
For submetering, the unit of measurement shall be the energy
				  unit as defined in
				  20VAC5-305-10. For energy
				  allocation equipment, the units of measurement shall be those characteristics
				  monitored by the allocation equipment.
The energy billed to any tenant shall be only the energy
				  consumed within that dwelling or nonresidential rental unit and so measured or
				  monitored by the equipment. The cost of energy used in owner-paid areas may
				  only be recovered by the owner as provided in the last paragraph of this
				  section, and may not be billed to any tenant as part of the billings rendered
				  pursuant to this chapter and may not be measured through the dwelling or
				  nonresidential rental unit submetering or energy allocation equipment. Where
				  tenant lease agreements have made such provision, energy costs for usage
				  consumed within the dwelling unit or nonresidential rental unit, that are not
				  allocated by energy allocation equipment, may be allocated by the owner among
				  the various tenants in the same proportions as the leased space square footage.
				  These costs shall be listed separately from energy billings based on energy
				  allocation equipment, and appropriately marked on the monthly tenant
				  bills.
The owner shall render bills to the tenant in the same energy
				  unit or units as billed the owner by the utility.
The tenant's bills shall be calculated in the following
				  manner:
After receipt of the electric or natural gas bill from the
				  utility, by the owner, said owner shall divide the "total current charges" by
				  the total number of energy units billed by the utility to determine the average
				  cost in cents per energy unit. The average energy unit cost shall be multiplied
				  by each tenant's energy unit consumption to obtain the tenant's monthly
				  charges.
For the purposes of computing the average cost per energy
				  unit, the "total current charges" shall include/exclude the following, as
				  applicable:
Include:
1.
				Customer, demand, commodity, and energy charges.
2. Fuel adjustment charge.
3. Purchased gas adjustment.
4. Local taxes.
5. Surcharges, i.e. interim rate relief,
				unrecovered deferred fuel, temporary energy surcharge.
6. Facilities charge.
Exclude:
a.
				Miscellaneous charges, e.g. charges by the utility for late payments.
b. Outdoor and security lighting
				charges.
c. Merchandise charges.
The owner may impose a service charge in accordance with §
				  56-245.3 of the Code of Virginia per dwelling or nonresidential rental unit per
				  month to offset the administrative cost of billing.
The tenant's bill shall show all of the following
				  information:
1. The dates and readings
				of the submetering or energy allocation equipment at the beginning and at the
				end of the period for which the bill is rendered and the billing
				date.
2. The number of energy units
				consumed during the current billing period.
3. The average cost in cents per energy unit
				used in computing the bill.
4. The
				amount due for electricity or natural gas consumed, within the dwelling unit or
				nonresidential rental unit, the administrative service charge, if any, the
				balance forward, and the total amount due.
5. The name or address, or both, of the
				tenant to whom the bill is applicable.
6. The name of the firm rendering the
				tenant's bill and the name or title, address, and telephone number of the
				person or persons where payment can be made and, also, who to contact in the
				case of any questions or disputes concerning the bill.
7. A precise statement that the bill is not
				from the utility providing service to the apartment house, office building, or
				shopping center.
Bills will be mailed or delivered to the tenant's premises
				  within three business days after the billing date.
Estimated bills shall not be rendered unless the meter or
				  energy allocation equipment has been tampered with, is out of order, or access
				  cannot be attained, and in such case, the bill shall be distinctly marked
				  "estimated." Such estimates shall be based upon one of the following:
1. On consumption or a similar billing period
				where the information of previous consumption is available; or
2. In the event that a tenant has not lived
				on the premises for one year and, therefore, consumption for a similar billing
				period is not available, the preceding billing period shall be used;
				or
3. If available, the average of
				the preceding two billing periods shall be used as a basis for estimates.
Adjustment to the tenant's bills shall be made under any of
				  the following conditions:
a. Any
				billing errors due to incorrect readings or improper billing calculations
				discovered by the owner on his own initiative or discovered as a result of an
				investigation because of a question or a dispute by a tenant;
b. It is determined that a cross-metering
				situation exists. The tenants involved will be rendered corrected bills to
				cover such period of time as the statute of limitations allows. If a tenant has
				been underbilled, he shall be allowed to make payment of the amount underbilled
				in equal monthly installments for as many months as the corrected bill covers,
				but for not more than 10 months, the entire amount underbilled being due upon
				termination of tenancy. If a tenant has been overbilled and is due a credit, if
				he wishes a cash refund, it shall be made, otherwise such credit shall be
				posted to the tenant's account;
c.
				The utility adjusts the owner's bill; or
d. As detailed in
				20VAC5-305-40(Submetering).
Nothing contained in this chapter shall prohibit the owner
				  from recovery in periodic lease payments the tenant's fair share of electricity
				  or natural gas cost attributable to owner-paid areas and costs incurred in
				  establishing and maintaining the submetering system or energy allocation
				  equipment.