PRINTER'S NO. 1336

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1192 Session of 1979


        INTRODUCED BY CIMINI, MAY 2, 1979

        REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, MAY 2, 1979

                                     AN ACT

     1  Amending Title 66 (Public Utilities) of the Pennsylvania
     2     Consolidated Statutes, providing defenses to certain utility
     3     billings.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Title 66, act of November 25, 1970 (P.L.707,
     7  No.230), known as the Pennsylvania Consolidated Statutes, is
     8  amended by adding a section to read:
     9  § 1315.  Billing errors.
    10     (a)  Understating correct billing amount.--If a public
    11  utility renders a bill to a service customer which understates
    12  the correct billing amount because of an error as to the
    13  applicable rate or a faculty utility-owned meter, timely and
    14  good faith payment of the bill by the service customer shall
    15  constitute full satisfaction for the utility service provided
    16  during that billing period.
    17     (b)  Legal defense.--In any legal action instituted by a
    18  public utility to recover the correct billing amount under the
    19  circumstances set forth in subsection (a), proof by the service

     1  customer that the billing error was solely the responsibility of
     2  the public utility, that the service customer paid the bill as
     3  rendered without knowledge as to the existence of the error, and
     4  that the service customer relied to its detriment upon the
     5  accuracy of the original bill, shall constitute a legal defense
     6  to any such action.
     7     (c)  Compromise.--Notwithstanding any other provision of this
     8  act, a public utility is hereby authorized to enter into a
     9  reasonable compromise in full satisfaction of a billing dispute
    10  with a service customer arising from circumstances set forth in
    11  subsection (a).
    12     Section 2.  This act shall take effect immediately and its
    13  provisions shall apply to any claim by a public utility based
    14  upon a billing error occurring within six years prior to its
    15  effective date.










    C19L52HVY/19790H1192B1336        - 2 -