Texas Register, Volume 35, Number 1, Pages 1-140, January 1, 2010 Page: 20
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removing the meter cover if the damage is inside the meter), and any
other relevant evidence that can be photographed;
(2) A description of the detection and investigation
methodology employed by the utility;
(3) Documentation of the methodology or rationale used
by the utility to determine the date or approximate date upon which the
meter ceased accurately registering consumption at the premises and
the detailed calculation and methodology for estimating consumption
subject to back-billing;
(4) The affected meter and metering equipment that the
utility removed from the premises and any object used to tamper with
or bypass the meter;
(5) Any other reliable and credible information that sup-
ports its conclusion that the meter was tampered with;
(6) A sworn affidavit from an employee or other represen-
tative of the utility attesting to the veracity of the information; and
(7) Videotape footage of the premises and the meter, and
fingerprints if available, for tampering in excess of 15,000 kilowatt-
hours in back-billing.
(e) Burden of proof. If a customer challenges the utility's al-
legation of meter tampering or the imposition of charges based on any
such allegation in a contested case proceeding before the commission,
the utility bears the burden of proof that meter tampering occurred.
(f) Additional requirements. The electric utility is responsible
for the following:
(1) The utility shall maintain a dedicated staff responsible
for monitoring suspicious activity related to meter tampering in its ser-
vice territory. This dedicated staff shall remain after deployment of
advanced metering systems (AMS).
(2) The utility shall set up a process for the public to report
meter tampering. The utility shall also include a customer hotline on
its website, prominently displayed on its front page.
(3) The utility shall engage in a customer information cam-
paign to educate customers on the safety hazards associated with meter
tampering.
(4) By April 1 of each calendar year, each electric utility
shall file with the commission a report detailing the following for the
previous calendar year concerning meter tampering:
(A) Total number of customers for which meter tamper-
ing was determined by the utility;
(B) The number of customers back-billed and the aver-
age of the following charges per customer:
(/) utility delivery charges; and
(ii) meter tampering, repair, and restoration charges;
and
(C) Total number of cases referred to law enforcement
for prosecution that included photographs, a descriptive incident re-
port, affidavit, and notification to law enforcement of the availability
of physical evidence in the case.
,25.126. Adjustments Due to Meter Errors, Meter Tampering or
Theft in Areas in Which Customer Choice is Available.
(a) Applicability. This section applies to a transmission and
distribution utility (TDU) and retail electric providers (REPs) in an area
in which customer choice is available.(b) Back-billing and meter tampering charges. If any meter
is found to be non-compliant with the accuracy standards required by
25.121(e) of this title (relating to Meter Requirements), or if the TDU
has provided incorrect meter readings to the REP, then previous meter
readings shall be corrected, and adjusted bills shall be rendered. The
TDU shall not back-bill for any period in which the current customer
was not the customer of record at the time of the tampering, or the cur-
rent REP was not the REP of record. Back-billing under this subsection
shall not exceed a period of:
(1) three months, if the TDU discovers a non-compliant
meter that has not been affected by meter tampering and the back-
billing would result in additional electricity charges to the customer;
(2) six months, if the TDU discovers a non-compliant
meter that has been affected by meter tampering and the back-billing
would result in additional charges and/or fees to the customer; or
(3) twelve months, if the TDU discovers a non-compliant
meter or has provided incorrect meter readings and the back-billing
would result in a credit to the customer.
(c) Calculation of charges. The charge for any period in which
the meter was not in compliance with the accuracy standard shall be
based on an estimate using the standards for calculation as stated in the
Tariff for Retail Delivery Service, Section 4.8.1.4, adopted pursuant to
25.214 of this title (relating to Terms and Conditions of Retail Deliv-
ery Service Provided by Investor Owned Transmission and Distribution
Utilities).
(d) TDU responsibilities concerning metering accuracy. A
TDU shall undertake all reasonable efforts to minimize losses associ-
ated with inaccurate meters, by carrying out a program to promptly
detect and investigate circumstances in which a meter is not accurately
recording and reporting consumption and to detect and deter meter
tampering. The TDU shall take the steps necessary to mitigate the
adverse impacts of inaccurate meters on the metering and billing of
electricity consumption. The TDU shall identify and collect informa-
tion relating to meter tampering, document the findings, and promptly
make it available to the REP and retail customer upon request. Once
meter tampering is discovered, the TDU shall restore normal meter
registration and reading within three business days. If the tampering
involves a bypass of the meter, and the TDU cannot eliminate the
bypass, the TDU shall, within this period, disconnect service to the
premises.
(1) The TDU shall, concurrent with the back-billing, sup-
ply the REP with the revised estimated meter read resulting from con-
sumption at the premises that the TDU alleges was not previously billed
as a result of the meter tampering. The electronic transaction transmit-
ting the estimated meter read to the REP shall clearly denote that the
meter read is an estimate and shall state the reason for the estimation.
(2) The TDU shall also bill the REP for any tampering, me-
ter repair, or restoration charges due to meter tampering, if the current
customer was the customer and the current REP was the REP when the
meter tampering began. Back-billing as well as charges resulting from
meter tampering shall be sent in one transaction by the TDU and shall
not be spread over several months.
(3) Within five business days ofa request of the Retail Cus-
tomer or the Retail Customer's REP, the TDU must provide the cus-
tomer and the REP with the methodology used to calculate the back-
billings.
(4) The TDU may not invoice the current REP for any un-
der-billed utility charges related to an allegation of meter tampering or
for any meter tampering fees, until the TDU has placed a switch-hold35 TexReg 20 January 1, 2010 Texas Register
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Texas. Secretary of State. Texas Register, Volume 35, Number 1, Pages 1-140, January 1, 2010, periodical, January 1, 2010; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101165/m1/19/?rotate=270: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.