Sec. 11.13. Meter readings and estimated bills

(a) A utility may render an estimated bill for any billing period if:

(1) the estimated bill is calculated in accordance with a procedure approved by the commission and clearly states that it is based on an estimated reading; and

(2) the distribution utility has made a reasonable effort to obtain an actual meter reading; or

(3) circumstances beyond the control of the distribution utility made an actual reading of the meter extremely difficult;

(4) circumstances indicate a reported reading is likely to be erroneous;

(5) an estimated reading has been prescribed or authorized by the commission for a billing period between periods when actual meter readings were scheduled; or

(6) the customer is a seasonal or short-term customer, as those terms are defined in section 11.12(a) of this Part. For such customers, an actual meter reading shall be taken upon disconnection or suspension of service.

(b) When a utility has rendered estimated bills to a residential customer for a period of four months or two billing periods, whichever is greater, the distribution utility shall take reasonable actions to obtain an actual meter reading. Such actions may include, but are not limited to:

(1) making an appointment with the customer or such other person who controls access to the meter for the reading at a time other than during normal business hours;

(2) offering the customer the opportunity to phone in a meter reading; or

(3) providing a card to the customer on which he or she may record the reading and mail it to the distribution utility.

(c) When a distribution utility has not obtained an actual meter reading after bills representing six months or three billing periods of estimated bills, whichever is greater, have been rendered, it shall, unless otherwise authorized by the commission, send a notice to the customer and to the person who controls access to the meter offering a special appointment for a meter reading both during and outside of business hours.

(d) If the distribution utility receives no response after bills representing eight months or four billing periods, whichever is greater, it may send another letter advising the recipients that if no appointment is made, a charge not to exceed $25 will be added to the next bill rendered to the person who controls and refuses to provide access, but that no charge will be imposed if an appointment is arranged and kept.

(e) If the person who controls access fails to arrange an appointment in response to a second request and the distribution utility is unable to obtain a meter reading, it may add a charge not to exceed $25 to the bill of such person. If the distribution utility intends to obtain a court order to gain access to the meter, it shall so inform such person, by certified or registered letter. The letter shall state that the purpose of obtaining such a court order is to replace a meter or, if physically feasible, to relocate the meter or install a remote reading device. The letter shall state that the court costs and the costs of relocation will be paid by the person who controls access to the meter.

(f) Where a utility has submitted an estimated bill or bills to a residential customer that understate the actual amount of money owed by such customer for the period when estimated bills were rendered by more than 50 percent or $100, whichever is greater, the utility shall notify the customer in writing that he or she has the right to pay the difference between the estimated charges and the actual charges in regular monthly installments tailored to the customer's financial circumstances over a reasonable period.

(g) The commission may grant distribution utilities waivers from the requirements of subdivisions (c)-(e) of this section upon a showing of good cause. Waivers previously granted utilities in Case 26629, to the extent not inconsistent with subdivisions (a), (b) and (f) of this section, shall remain in full force and effect.

(h) Each utility shall establish procedures for carrying out the requirements of this section and shall submit such procedures and any subsequent amendments to the commission for approval. A utility may establish other reasonable procedures designed to reduce the number of estimated bills that do not conflict with the requirements of this section.

(i) Where a distribution utility gains access to a gas meter through the use of a court order but cannot restore full service because the terms of the court order do not permit the distribution utility access to all areas of the premises to relight pilot lights, the distribution utility shall lock the meter. The distribution utility shall leave written notification informing the customer how service can be promptly restored. If the customer fails to contact the distribution utility to have service restored, the distribution utility shall attempt to contact the customer, on no less than a weekly basis, until such service is restored. During the period November 1st to April 15th, inclusive, court orders obtained under this section shall not be enforced against any residential gas-heating customer if such enforcement would result in the disconnection of service or in an unsafe condition.

(j) A duly authorized agent of the distribution utility may enter any residential dwelling supplied with service by the utility at all reasonable times for the purpose of reading a meter to ascertain the quantity of gas or electricity supplied, provided such agent exhibits a photo-identification badge and written authority as prescribed in section 65(9) of the Public Service Law.