|(a) Purpose. This section allows a customer to choose
to receive electric service through a non-standard meter from an electric
utility that has deployed or is requesting to deploy advanced meters
under a commission-approved deployment plan or notice of deployment
and authorizes the electric utility to assess fees to recover the
costs associated with this section from a customer who elects to receive
electric service through a non-standard meter.
(b) Applicability. This section is applicable to an
electric utility, including a transmission and distribution utility,
that has deployed or is requesting to deploy advanced meters under
a commission-approved deployment plan or notice of deployment. Any
requirement in this section that relates to retail electric providers
(REPs) is applicable only to REPs and electric utilities that operate
in areas open to customer choice.
(c) Definitions. As used in this section, the following
terms have the following meanings, unless the context indicates otherwise:
(1) Advanced meter -- As defined in §25.130 of
this title (relating to Advanced Metering).
(2) Non-standard meter -- A meter that does not function
as an advanced meter.
(3) Non-standard metering service -- Provision of electric
service through a non-standard meter from an electric utility that
has deployed or is requesting to deploy advanced meters under a commission-approved
deployment plan or notice of deployment.
(d) Initiation and termination of non-standard metering
(1) Initiation of non-standard metering service. An
electric utility that has deployed or is requesting to deploy advanced
meters under a commission-approved deployment plan or notice of deployment
must offer non-standard metering service to customers.
(A) An electric utility filing a deployment plan or
notice of deployment under §25.130 of this title after the effective
date of this section must include non-standard metering service as
a part of the plan or notice.
(i) Within 30 days of the date of commission approval
of an electric utility's deployment plan or the filing of a notice
of deployment, the electric utility must provide information on its
website that describes its non-standard metering service, the process
under this section to request non-standard metering service, and all
the costs associated with the service.
(ii) An electric utility must provide a statement that
non-standard metering service is available and provide a hyperlink
to the information required under clause (i) of this subparagraph
in all notices and messages delivered to a customer relating to the
deployment date of advanced meters in the customer's geographic area.
(B) An electric utility must provide notice to a customer
consistent with subparagraph (C) of this paragraph within seven days
of the customer's request for non-standard metering service, using
an appropriate means of service.
(C) An electric utility must notify a customer that
requests non-standard metering service of the following through a
(i) The customer will be required to pay the costs
associated with the initiation(n of non-standard metering service
and the ongoing costs associated with the manual reading of the meter,
and other fees and charges that may be assessed by the electric utility
that are associated with the non-standard metering service;
(ii) The current one-time fees and monthly fee for
non-standard metering service;
(iii) The customer may be required to wait up to 45
days to switch the customer's REP of record;
(iv) The customer may experience longer restoration
times in case of a service interruption or outage;
(v) The customer may be required by the customer's
REP of record to choose a different product or service before initiation
of the non-standard metering service, subject to any applicable charges
or fees required under the customer's existing contract, if the customer
is currently enrolled in a product or service that relies on an advanced
(vi) For a customer that does not currently have an
advanced meter, the date (60 days after service of the notice) by
which the customer must provide a signed, written acknowledgement
and payment of the one-time fee to the electric utility prescribed
by subsection (f)(3) of this section. If the signed, written acknowledgement
and payment are not received within 60 days, the electric utility
will install an advanced meter on the customer's premises.
(D) The electric utility must retain the signed, written
acknowledgement for at least two years after the non-standard meter
is removed from the premises. The commission may adopt a form for
the written acknowledgement.
(E) An electric utility must offer non-standard metering
through the following means:
(i) disabling communications technology in an advanced
meter if feasible;
(ii) if applicable, allowing the customer to continue
to receive metering service using the existing meter if the electric
utility determines that it meets applicable accuracy standards;
(iii) if commercially available, an analog meter that
meets applicable meter accuracy standards; and
(iv) a digital, non-communicating meter.
(F) The electric utility must not initiate the process
to provide non-standard metering service before it has received the
customer's payment and signed, written acknowledgement. The electric
utility must initiate the approved standard market process to notify
the customer's REP of record within three days of the electric utility's
receipt of the customer's payment and signed, written acknowledgement.
Within 30 days of receipt of the payment of the one-time fee and the
signed written acknowledgement from the customer, the electric utility,
using the approved standard market process, must notify the customer's
REP of record of the date the non-standard metering service was initiated.
(2) Termination of non-standard metering service. A
customer receiving non-standard metering service may terminate that
service by notifying the customer's electric utility. The customer
will remain responsible for all costs related to non-standard metering
(e) Other electric utility obligations.
(1) When an electric utility completes a move-out transaction
for a customer who was receiving non-standard metering service, the
electric utility must install or activate an advanced meter at the
(2) An electric utility must read a non-standard meter
monthly. In order for the electric utility to maintain a non-standard
meter at the customer's premises, the customer must provide the electric
utility with sufficient access to properly operate and maintain the
meter, including reading and testing the meter.
(f) Cost recovery and compliance tariffs. All costs
incurred by an electric utility to implement this section must be
borne only by customers who choose non-standard metering service.
A customer receiving non-standard metering service must be charged
a one-time fee and a recurring monthly fee.
(1) An electric utility's application for approval
of its non-standard metering service tariff or amended tariff must
be fully supported with testimony and documentation. The application
must include one-time fees and a monthly fee for non-standard metering
service and must also include the fees for other discretionary services
performed by the electric utility that are affected by the customer's
selection of non-standard metering service. The commission will allow
the electric utility to recover the reasonable rate case expenses
that it incurs under this paragraph as part of the one-time fee, the
monthly fee, or both. The application must describe the extent to
which the back-office costs that are new and fixed vary depending
on the number of customers receiving non-standard metering service.
Unless otherwise ordered, the electric utility must serve notice of
the approved rates and the effective date of the approved rates within
five working days of the filing of the commission's final order to
REPs that are authorized by the registration agent to provide service
in the electric utility's service area. Notice to REPs under this
paragraph may be served by email and must be served at least 45 days
before the effective date of the rates.
(2) An electric utility must have a single recurring
monthly fee for non-standard metering service and several one-time
fees, one of which must apply to the customer depending on the customer's
circumstances. A one-time fee must be charged to a customer that does
not have an advanced meter at the customer's premises and will continue
receiving metering service through the meter currently at the premises.
For a customer that currently has an advanced meter at the premises,
the fee will vary depending on the type of meter that is installed
to provide non-standard metering service, and the fee must include
the cost to remove the advanced meter and subsequently re-install
an advanced meter once non-standard metering service is terminated.
The one-time fee must recover costs to initiate non-standard metering
service. The monthly fee must recover ongoing costs to provide non-standard
metering service, including costs for meter reading and billing. Fixed
costs not related to the initiation of non-standard metering service
may be allocated between the one-time and monthly fees and recovered
through the monthly fee over a shortened period of time.
(g) Retail electric product compatibility. After receipt
of the notice prescribed by subsection (d)(1)(C) of this section,
if the customer's current product is not compatible with non-standard
metering service, the customer's REP of record must work with the
customer to either promptly transition the customer to a product that
is compatible with non-standard metering service or transfer the customer
to another REP, subject to any applicable charges or fees required
under the customer's existing contract. If the customer is unresponsive,
the customer's REP of record may transition the customer without the
customer's affirmative consent to a market-based, month-to-month product
that is compatible with non-standard metering service. Alternatively,
if the customer is unresponsive, the customer's REP of record may
transfer the customer to another REP under §25.493 (relating
to Acquisition and Transfer of Customers from One Retail Electric
Provider or Another) so long as the new REP serves the customer using
a market-based, month-to-month product with a rate (excluding charges
for non-standard metering service or other discretionary services)
no higher than one of the tests prescribed by §25.498(c)(15)(A)
- (C) of this title (relating to Prepaid Service). The customer's
REP of record must promptly provide the customer notice that the customer
has been transferred to a new product and, if applicable, to a new
REP, and must also promptly provide the new Terms of Service and Electricity