N.Y. Comp. Codes R. & Regs. tit. 16 § 14.12

Current through Register Vol. 46, No. 45, November 2, 2024

Section 14.12 - Meter reading and estimated bills

(a) Meter reading.

(1) A utility must attempt to obtain an actual reading for every metered account, on a regularly scheduled basis in accordance with its tariff.

(2) An attempt to obtain a reading from either the meter or from a remote registration device requires that a meter reader follow routine reading procedures and access instructions, if applicable.

(3) Unless a customer does not have access to the meter or the customer will be unable to obtain a reliable reading, the utility must, at the time of any unsuccessful attempt to obtain an actual reading, leave at the premises or mail the customer a meter reading card.

(b) Estimated bills.

(1) A utility may render an estimated bill for a regular cycle billing period only when:

(i) the utility has been unable to obtain access to the meter;

(ii) circumstances beyond the control of the utility made obtaining an actual reading of the meter extremely difficult, despite having access to the meter area; provided, however, that estimated bills for this reason may be rendered no more than twice consecutively without the utility advising the customer in writing of the specific circumstances and the customer's obligation to have the circumstances corrected;

(iii) the utility has good cause for believing that an actual reading obtained is likely to be wrong; provided, however, that estimated bills for this reason may be rendered no more than once without the utility taking corrective action before the rendering of the next cycle bill;

(iv) circumstances beyond the control of the utility prevented the utility from obtaining an actual reading;

(v) an actual reading was lost or destroyed; provided, however, that an estimated bill for this reason may be rendered no more than once without the utility taking corrective action;

(vi) an estimated reading has been ordered or authorized by the commission for a particular billing cycle;

(vii) an estimated reading has been approved as the billing method consistent with the utility's tariff for the billing period; or

(viii) an unmetered condition was in existence during the period.

(2) Every estimated bill must be calculated in accordance with an established formula which takes into account the best available relevant factors for determining the customer's usage.

(c) No access procedure.

(1) A utility must begin providing no access notices as described in this subdivision with the next cycle bill issued after bills were estimated for a period of six consecutive months because of conditions listed in subparagraph (b)(1)(i) or (ii) of this section.

(2) The no access notices and charges described in this subdivision must be directed only to the access controller. In any case where the access controller is not the customer of the subject account, a copy of these no access notices must also be sent to the customer at the same time.

(3) The series of no access notices is as follows:

(i) the first notice must advise the access controller that the utility will arrange a special appointment to read the meter if the access controller calls a specified telephone number. Where the access controller is not the customer of the subject account, the notice must begin by stating that the utility records indicate that the recipient is the party who controls access to the meter of the customer, specifically identified as to address, part supplied, and account number, and that the utility has not been provided access to the customer's meter as required;

(ii) the second notice must advise the access controller that unless access to the customer's meter is provided on the next meter reading date or a special appointment to read the meter is made and kept by the access controller before that date, a no access charge will be added to the access controller's next bill and to every bill thereafter until access to the customer's meter is provided, but that no charge will be imposed if an appointment is arranged and kept. The notice must advise the access controller that the utility will arrange a special appointment for a reading of the customer's meter if the access controller calls a specified telephone number;

(iii) the third notice must advise the access controller of the no access charge that has been added to the access controller's bill and that unless access to the customer's meter is provided on the next meter reading date or a special appointment to read the meter is made and kept by the access controller before that date, another charge will be added to the access controller's next bill. The notice must advise the access controller that the utility will arrange a special appointment for a reading of the customer's meter if the access controller calls a specified number; and

(iv) the fourth and each successive notice must advise the access controller of the no access charge that has been added to the access controller's bill.

(4) A no access charge as provided for in the utility's tariff must not exceed $25.

(5) No more than $25 per building or premises must be added to any single bill of the access controller even though more than one meter is located there.

(6) A utility may, at its discretion, suspend temporarily the issuance of no access notices and/or penalties under this subdivision if the access controller contacts the utility and provides a legitimate reason for postponing the provision of access.

(7) Nothing in this subdivision prevents a utility from sending appropriate no access notices to the party who controls access but does not have an active account of its own with the utility.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 14.12