37291 meter tampering

1
37291 meter tampering

• OPCs main issues
• Burden of proof must remain with TDU.
• Evidence of tampering must be found.
• Evidence must be provided to the customer in
  conjunction with the back-bill.

2
Not All Customers are Guilty

• There are instances in which the customer did not
  tamper
• A neighbor in an apartment complex accidentally
  tampers with the wrong meter.
• A tamperer markets his services as energy
  efficiency.
• There is a legitimate malfunction of the meter.

3
Burden of Proof

• Current rule, PUC Subst. R. 25.126(b) places
  burden on TDU.
• Penal Code 28.03(c) creates a presumption that
  a person receiving the economic benefit of supply
  has knowingly tampered.

4
Evidence of Tampering

• Each utility should collect the same evidence.
• The investigators on-scene report
• description of the discovery of the tampering
• an explanation of the methodology of the
  tampering and
• photographs from the scene.
• Usage history to substantiate the under-billed
  usage must be included as evidence.

5
Evidentiary Information to Customer

• A customer is more likely to pay if he
  understands the charges.
• The customer must have the evidence that is being
  used against him at the time he receives the bill
  for past usage.
• The investigators reports as well as historical
  usage comparison should be provided to the
  accused customer.

6
Summary

• There must NOT be a presumption of guilt.
• A customer is more likely to pay a bill if he
  understands the charges and sees the evidence.