S.C. Code Regs. § § 103-733.5

Current through Register Vol. 48, No. 10, October 25, 2024

Section 103-733.5 - Customer Undercharged Because of Fraud or Willful Misrepresentation

If the utility has undercharged any customer because of the customer's fraudulent actions, such as tampering with, or bypassing the meter, or because the customer has willfully misrepresented a material fact resulting in an undercharge, or if it is shown that the customer is aware of fraudulent or illegal action by another person, such as tampering with, or bypassing the meter and it is evident that such tampering or bypassing benefits the customer, or if it is evident that a customer has knowledge of being undercharged without notifying the utility as such, then notwithstanding 1 of this rule, the utility shall recover the deficient amount provided as follows:

(a) If the interval during which the customer was undercharged can be determined, then the utility shall collect the deficient amount incurred during that entire interval, provided that the applicable statute of limitations is not exceeded.

(b) If the interval during which the customer was undercharged cannot be determined, then the utility shall collect the deficient amount incurred during the 12-month period preceding the date when the billing error was discovered by the utility.

(c) If the usage and/or demand incurred by that customer during the billing periods subject to adjustment cannot be determined, then the adjustment shall be based on an appropriate estimated usage and/or demand.

(d) In addition to the above, if the metering equipment has been removed or damaged, then the utility shall collect the estimated cost of repairing and/or replacing such equipment.

S.C. Code Regs. § 103-733.5

Amended by State Register Volume 14, Issue No. 3, eff March 23, 1990; State Register Volume 31, Issue No. 5, eff May 25, 2007; State Register Volume 48, Issue No. 05, eff. 5/24/2024.