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This entry was published on 2014-09-22
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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, no utility corporation or municipality may
charge a residential customer for gas or electric service which was
rendered more than six months prior to the mailing of the first bill to
the customer for such service 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.