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length of time as that of the underbilling. In cases of meter tampering,
bypass, or diversion, a utility may, but is not required to, offer
a customer a deferred payment plan.
(i) Estimated bills. When there is good reason for
doing so, a water or sewer utility may issue estimated bills, provided
that an actual meter reading is taken every two months and appropriate
adjustments made to the bills.
(j) Prorated charges for partial-month bills. When
a bill is issued for a period of less than one month, charges should
be computed as follows.
(1) Metered service. Service shall be billed for the
base rate, as shown in the utility's tariff, prorated for the number
of days service was provided; plus the volume metered in excess of
the prorated volume allowed in the base rate.
(2) Flat-rate service. The charge shall be prorated
on the basis of the proportionate part of the period during which
service was rendered.
(3) Surcharges. Surcharges approved by the commission
do not have to be prorated on the basis of the number of days service
was provided.
(k) Prorated charges due to utility service outages.
In the event that utility service is interrupted for more than 24
consecutive hours, the utility shall prorate the base charge to the
customer to reflect this loss of service. The base charge to the customer
shall be prorated on the basis of the proportionate part of the period
during which service was interrupted.
(l) Disputed bills.
(1) A customer may advise a utility that a bill is
in dispute by written notice or in person during normal business hours.
A dispute must be registered with the utility and a payment equal
to the customer's average monthly usage at current rates must be received
by the utility prior to the date of proposed discontinuance for a
customer to avoid discontinuance of service as provided by §24.167
of this title.
(2) Notwithstanding any other section of this chapter,
the customer may not be required to pay the disputed portion of a
bill that exceeds the amount of that customer's average monthly usage
at current rates pending the completion of the determination of the
dispute. For purposes of this section only, the customer's average
monthly usage will be the average of the customer's usage for the
preceding 12-month period. Where no previous usage history exists,
consumption for calculating the average monthly usage will be estimated
on the basis of usage levels of similar customers under similar conditions.
(3) Notwithstanding any other section of this chapter,
a utility customer's service may not be subject to discontinuance
for nonpayment of that portion of a bill under dispute pending the
completion of the determination of the dispute. The customer is obligated
to pay any billings not disputed as established in §24.167 of
this title.
(m) Notification of alternative payment programs or
payment assistance. Any time customers contact a utility to discuss
their inability to pay a bill or indicate that they are in need of
assistance with their bill payment, the utility or utility representative
shall provide information to the customers in English and in Spanish,
if requested, of available alternative payment and payment assistance
programs available from the utility and of the eligibility requirements
and procedure for applying for each.
(n) Adjusted bills. There is a presumption of reasonableness
of billing methodology by a sewer utility for winter average billing
or by a water utility with regard to a case of meter tampering, bypassing,
or other service diversion if any one of the following methods of
calculating an adjusted bill is used:
(1) estimated bills based upon service consumed by
that customer at that location under similar conditions during periods
preceding the initiation of meter tampering or service diversion.
Such estimated bills must be based on at least 12 consecutive months
of comparable usage history of that customer, when available, or lesser
history if the customer has not been served at that site for 12 months.
This subsection, however, does not prohibit utilities from using other
methods of calculating bills for unmetered water when the usage of
other methods can be shown to be more appropriate in the case in question;
(2) estimated bills based upon that customer's usage
at that location after the service diversion has been corrected;
(3) calculation of bills for unmetered consumption
over the entire period of meter bypassing or other service diversion,
if the amount of actual unmetered consumption can be calculated by
industry recognized testing procedures; or
(4) a reasonable adjustment is made to the sewer bill
if a water leak can be documented during the winter averaging period
and winter average water use is the basis for calculating a customer's
sewer charges. If the actual water loss can be calculated, the consumption
shall be adjusted accordingly. If not, the prior year average can
be used if available. If the actual water loss cannot be calculated
and the customer's prior year's average is not available, then a typical
average for other customers on the system with similar consumption
patterns may be used.
(o) Equipment damage charges. A utility may charge
for all labor, material, equipment, and all other actual costs necessary
to repair or replace all equipment damaged due to negligence, meter
tampering or bypassing, service diversion, or the discharge of wastes
that the system cannot properly treat. The utility may charge for
all actual costs necessary to correct service diversion or unauthorized
taps where there is no equipment damage, including incidents where
service is reconnected without authority. An itemized bill of such
charges must be provided to the customer. A utility may not charge
any additional penalty or any other charge other than actual costs
unless such penalty has been expressly approved by the commission
and filed in the utility's tariff. Except in cases of meter tampering
or service diversion, a utility may not disconnect service of a customer
refusing to pay damage charges unless authorized to in writing by
the commission.
(p) Fees. Except for an affected county, utilities
may not charge disconnect fees, service call fees, field collection
fees, or standby fees except as authorized in this chapter.
(1) A utility may only charge a developer standby fees
for unrecovered costs of facilities committed to a developer's property
under the following circumstances:
(A) under a contract and only in accordance with the
terms of the contract;
(B) if service is not being provided to a lot or lots
within two years after installation of facilities necessary to provide
service to the lots has been completed and if the standby fees are
included on the utility's approved tariff after a rate change application
has been properly filed. The fees cannot be billed to the developer
or collected until the standby fees have been approved by the commission;
or
(C) for purposes of this subsection, a manufactured
housing rental community can only be charged standby fees under a
contract or if the utility installs the facilities necessary to provide
individually metered service to each of the rental lots or spaces
in the community.
(2) Except as provided in §24.167(h)(2) and §24.169(c)
of this title other fees listed on a utility's approved tariff may
be charged when appropriate. Return check charges included on a utility's
approved tariff may not exceed the utility's documentable cost.
(q) Payment with cash. When a customer pays any portion
of a bill with cash, the utility shall issue a written receipt for
the payment.
(r) Voluntary contributions for certain emergency services.
(1) A utility may implement as part of its billing
process a program under which the utility collects from its customers
a voluntary contribution including a voluntary membership or subscription
fee, on behalf of a volunteer fire department or an emergency medical
service. A utility that collects contributions under this section
shall provide each customer at the time the customer first becomes
a customer, and at least annually thereafter, a written statement:
(A) describing the procedure by which the customer
may make a contribution with the customer's bill payment;
(B) designating the volunteer fire department or emergency
medical service to which the utility will deliver the contribution;
(C) informing the customer that a contribution is voluntary;
(D) if applicable, informing the customer the utility
intends to keep a portion of the contributions to cover related expenses;
and
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