§ 41 — Finality of certain utility charges

§ 41. Finality of certain utility charges. 1. Notwithstanding any\nother provision of law, if a utility corporation or municipality does\nnot render a residential customer for gas or electric service, with the\nexception of a seasonal or short-term customer as defined by rule of the\ncommission, a monthly bill for gas and/or electric services used by such\ncustomer during that monthly period, or, in the case of bi-monthly meter\nreads, during that month and the prior month, within three months from\nthe end date of such monthly billing period, then, such residential\ncustomer shall not be charged for such gas and electric services which\nwere not billed to the customer as provided herein, unless the failure\nof the corporation or municipality to bill sooner was not due to the\nneglect of the corporation or municipality or was due to the culpable\nconduct of the customer. If the customer remains liable for such\nservice, the utility shall permit payments to be made under an\ninstallment payment plan, provided, however, that the utility or\nmunicipality may require prompt payment if the non-billing resulted from\nthe culpable conduct of the customer. Any such installment payment plan\nmay provide for a downpayment of up to one-half of the amounts due from\nthe customer, or three months average billing, whichever is less.\n 2. Notwithstanding any other provision of law, a utility corporation\nor municipality may not adjust upward a bill previously rendered to a\nresidential customer after the expiration of twelve months from the time\nservice to which the adjustment pertains was provided unless (a) failure\nto bill correctly was caused by the customer's culpable conduct or was\nnot due to the neglect of the utility or municipality; (b) such\nadjustment is necessary to adjust a budget payment plan; or (c) there\nwas a dispute between the utility or municipality and the customer\nconcerning the bill during the twelve-month period. A utility or\nmunicipality issuing an additional or increased bill charging for\nservices rendered twelve or more months prior to such date of issuance\nshall include with it a notice giving the reason for the late billing.\n 3. No public utility company or municipality may render a bill for\npreviously unbilled service, or adjust upward a bill previously\nrendered, to a residential customer after the expiration of twenty-four\nmonths from the time service to which the bill or adjustment pertains\nwas provided. This provision shall not apply when the culpable conduct\nof a customer caused or contributed to the failure of the company or\nmunicipality to have rendered a timely or accurate billing.\n