It's a bright day for Gold Star Caterers (Eagle Ridge). JCP&L and the Board of Public Utilities (BPU) have consented to keeping the lights on.
As previously reported here on FAA News, JCP&L has decided that they have been erroneously underbiling Gold Star Caterers (Eagle Ridge) for a number of years and as a result they are threatening to shut off the electricity unless payment is immediately made in full.
According to the court filing by Somerset Attorney Shaun I. Blick, Esq.:
JCP&L recently sent Gold Star a “Rebill Statement” in the amount of $321,546.59.
JCP&L’s explanation for this “Rebill Statement” with such a high amount is the purported recent “finding” which revealed that going back as far as June 4, 2019, JCP&L was applying an incorrect multiplier constant of 80, rather than 320.
The sole reason provided by JCP&L for the increase was that the “Meter had incorrect CT’s since original move in date, verified by field worker.”
On July 18, 2024 Gold Star sent to both JCP&L and the Board of Public Utilities (BPU) a letter serving as a complaint and detailing the bases thereof.
The letter highlighted that the matter arises from JCP&L’s error in calculating Gold Star’s electric usage by using an improper meter constant and now, years later, attempting to recoup the purported charges arising from its own neglect.
Pertinently, the complaint highlights that the applicable JCP&L Tariff does not permit a billing adjustment under the circumstances wherein JCP&L committed the kind and magnitude of error such as here. (The applicable Tariff permits JCP&L to perform a billing adjustment under the limited circumstance wherein a meter is registering inaccurately as a consequence of a defect in equipment. This circumstance, which would otherwise be a permissible billing adjustment, does not exist here).
According the BPU’s Bill of Rights, utility service may not be turned off until the utility company has investigated the disputed charges.
However, rather than respond to the July 18, 2024 letter, on August 7, 2024 - and in complete violation of the BPU’s Bill of Rights - JCP&L sent Gold Star a termination notice threatening to shut off electric services for “non-payment."
In response, and out of abundance of caution, on August 9, 2024, Gold Star again submitted to the BPU through its online complaint portal a formal complaint detailing the above-referenced facts and requesting an investigation.
Additionally, Gold Star ran to court seeking an injunction as to the threatened shutoff of utilities, contending it is barred by regulation while the matter is being investigated.
Ahead of a court hearing scheduled for this Friday morning, JCP&L and BPU have just agreed to withdraw the termination notice and to halt all collection demands while the dispute remains pending.
It's a bright day indeed.
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