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This entry was published on 2024-06-21
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SECTION 41
Finality of certain utility charges
Public Service (PBS) CHAPTER 48, ARTICLE 2
§ 41. Finality of certain utility charges. 1. Notwithstanding any
other provision of law, if a utility corporation or municipality does
not render a residential customer for gas or electric service, with the
exception of a seasonal or short-term customer as defined by rule of the
commission, a monthly bill for gas and/or electric services used by such
customer during that monthly period, or, in the case of bi-monthly meter
reads, during that month and the prior month, within three months from
the end date of such monthly billing period, then, such residential
customer shall not be charged for such gas and electric services which
were not billed to the customer as provided herein, unless the failure
of the corporation or municipality to bill sooner was not due to the
neglect of the corporation or municipality or was due to the culpable
conduct of the customer. If the customer remains liable for such
service, the utility shall permit payments to be made under an
installment payment plan, provided, however, that the utility or
municipality may require prompt payment if the non-billing resulted from
the culpable conduct of the customer. Any such installment payment plan
may provide for a downpayment of up to one-half of the amounts due from
the customer, or three months average billing, whichever is less.

2. Notwithstanding any other provision of law, a utility corporation
or municipality may not adjust upward a bill previously rendered to a
residential customer after the expiration of twelve months from the time
service to which the adjustment pertains was provided unless (a) failure
to bill correctly was caused by the customer's culpable conduct or was
not due to the neglect of the utility or municipality; (b) such
adjustment is necessary to adjust a budget payment plan; or (c) there
was a dispute between the utility or municipality and the customer
concerning the bill during the twelve-month period. A utility or
municipality issuing an additional or increased bill charging for
services rendered twelve or more months prior to such date of issuance
shall include with it a notice giving the reason for the late billing.

3. No public utility company or municipality may render a bill for
previously unbilled service, or adjust upward a bill previously
rendered, to a residential customer after the expiration of twenty-four
months from the time service to which the bill or adjustment pertains
was provided. This provision shall not apply when the culpable conduct
of a customer caused or contributed to the failure of the company or
municipality to have rendered a timely or accurate billing.