Administrative Code

Virginia Administrative Code
Title 20. Public Utilities and Telecommunications
Agency 5. State Corporation Commission
9/21/2020

Chapter 305. Rules for Electricity and Natural Gas Submetering and for Energy Allocation Equipment

20VAC5-305-10. Definitions.

Certain words as used in this chapter shall be understood to have the following meaning:

"Apartment house" means a building or buildings with the primary purpose of residential occupancy containing more than two dwelling units all of which are rented primarily for nontransient use, with rental paid at intervals of one week or longer. Apartment house includes residential condominiums and cooperatives whether rented or owner-occupied.

"Building" means all of the individual units served through the same utility-owned meter within an apartment house, office building, or shopping center as defined in this section.

"Campground" means and includes but is not limited to a travel trailer camp, recreation camp, family campground, camping resort, camping community, or any other area, place, parcel, or tract of land, by whatever name called, on which three or more campsites are occupied or intended for occupancy, or facilities are established or maintained, wholly or in part, for the accommodation of camping units for periods of overnight or longer, whether the use of the campsites and facilities is granted gratuitously, or by rental fee, lease, or conditional sale, or by covenants, restrictions, and easements. "Campground" does not include a summer camp, migrant labor camp, or park for mobile homes as defined in §§ 32.1-203 and 35.1-1 of the Code of Virginia, or a construction camp, storage area for unoccupied camping units, or property upon which the individual owner may choose to camp and not be prohibited or encumbered by covenants, restrictions, and conditions from providing sanitary facilities within the individual owner's property lines.

"Campsite" means and includes any plot of ground within a campground used or intended for occupation by the camping unit.

"Commission" means the State Corporation Commission of Virginia.

"Dwelling" means a room or rooms suitable for occupancy as a residence containing kitchen and bathroom facilities.

"Energy allocation equipment" means any device, other than submetering equipment, used to determine approximate electric or natural gas usage for any dwelling unit, nonresidential rental unit, or campsite within an apartment house, office building, shopping center, or campground.

"Energy unit" means the billing units for energy delivered to the master-metered customer. For electricity, the units are generally kilowatt hours (Kwh). For natural gas, the units are generally therms, but may be dekatherms (Dth), cubic feet (cf), hundreds of cubic feet (Ccf), or thousands of cubic feet (Mcf).

"Master meter" means a meter used to measure for billing purposes, all electric or natural gas usage of an apartment house, office building, shopping center, or campground, including common areas, common facilities, and dwelling or rental units therein.

"Month" or "monthly" means the period between two consecutive meter readings, either actual or estimated, at approximately 30-day intervals.

"Nonresidential rental unit" means a room or rooms in which retail or commercial services, clerical work, or professional duties are carried out.

"Office building" means a building or buildings containing more than two rental units which are rented primarily for retail, commercial, or professional use, with rental paid at intervals of one month or longer.

"Owner" means any owner, operator, or manager of an apartment house, office building, shopping center, or campground engaged in electrical or natural gas submetering or the use of energy allocation equipment.

"Owner-paid areas" means those areas for which the owner bears financial responsibility for energy costs which include but are not limited to areas outside individual residential or nonresidential units or in owner-occupied or - shared areas such as maintenance shops, vacant units, meeting units, meeting rooms, offices, swimming pools, laundry rooms, or model apartments.

"Shopping center" means a building or buildings containing more than two stores which are rented primarily for commercial, retail, or professional use.

"Submeter" means electric energy or natural gas measurement device used in submetering.

"Submetering" means dwelling or rental unit electrical or natural gas direct remetering performed by the owner to measure the tenant's electrical or natural gas usage and to render a bill for such usage.

"Submetering equipment" means equipment used to measure actual electricity or natural gas usage in any dwelling unit, nonresidential rental unit, or campsite when such equipment is not owned or controlled by the electric or natural gas utility serving the apartment house, office building, shopping center, or campground in which the dwelling unit, nonresidential rental unit, or campsite is located.

"Tenant" means the occupant or occupants of a submetered dwelling, rental unit, or campsite.

"Utility" means the supplier of electric service or natural gas service to a master meter.

Statutory Authority

§§ 12.1-13 and 56-245.3 of the Code of Virginia.

Historical Notes

Derived from Case No. PUE920067 §I, eff. July 1, 1993; amended, Virginia Register Volume 29, Issue 10, eff. January 1, 2013.

20VAC5-305-20. General requirements.

Submetering or energy allocation equipment may not be used in any dwelling unit unless all dwelling units in the apartment house utilize such equipment to the extent permitted by the physical facilities.

Any individual nonresidential rental unit, store, or campground may utilize submetering or energy allocation equipment, provided the rental agreement or lease between the owner and the tenant clearly states that the nonresidential rental unit, store, or campsite is or will be using submetering or energy allocation equipment.

All rental agreements and leases between the owner and the tenants shall clearly state that the dwelling unit, nonresidential rental unit, or campsite utilizes submetering or energy allocation equipment, that the basis of bills for electric or natural gas consumption will be rendered based on readings of such equipment, and that any disputes relating to the amount of the tenant's bill and the accuracy of the equipment will be between the tenant and the owner. Where applicable, the provisions of the Virginia Residential Landlord and Tenant Act (§ 55-248.2 et seq. of the Code of Virginia) will govern the landlord-tenant relationship concerning the use of submetering or energy allocation equipment on all related issues other than those covered by these rules.

Each owner shall be responsible for providing, installing, sealing (if necessary), and maintaining all submetering or energy allocation equipment necessary for the measurement or allocation of the costs for electrical energy or natural gas consumed by tenants.

Any electric submeter installed will be of a type and class to register properly the electrical consumption of the dwelling unit, nonresidential rental unit, or campsite, and such meter will meet the standards of the American National Standards Institute, Inc., Standard C12.1-2008 Code for Electricity Metering (ANSI C12.1).

Any natural gas submeter installed will be of a type and class to register properly the natural gas consumption of the dwelling, nonresidential rental unit, or campsite, and such meter will meet the standards of the American National Standard Institute Standards ANSI B109.1 (2000) and B109.2 (2000) for Diaphragm Type Gas Displacement Meters and ANSI B109.3 (2000) for Rotary Type Gas Displacement Meters (hereafter, ANSI B109).

Any energy allocation equipment installed will be of a type and class appropriate to the heating, ventilation, and air conditioning (HVAC) system of the apartment house, office building, shopping center, or campground and used in accordance with the manufacturer's installation specifications and procedures for such energy allocation equipment.

Any owner installing submetering or energy allocation equipment shall notify the commission and the utility providing electric or natural gas service to the apartment house, office building, shopping center, or campground in writing within 90 days of completion of such installation that the equipment has been installed and shall give the name of the apartment house, office building, shopping center, or campground; number of dwelling units, nonresidential rental units, or campsites in the project; location; mailing address of the owner; the approximate date of installation of the equipment; and the type, manufacturer, and model number of such equipment.

Natural gas submetering and energy allocation equipment, including related piping and materials, for which the owner is responsible shall be installed, operated, and maintained by the owner in conformity with all municipal, state, and federal requirements, including but not limited to § 56-257.2 of the Code of Virginia, and with the 2006 edition of the National Fuel Gas Code.

No building or buildings which qualify as an apartment house, office building, or shopping center shall be excluded from this chapter because the apartment house, office building, or shopping center contains a mixture of dwelling units and nonresidential rental units.

Statutory Authority

§§ 12.1-13 and 56-245.3 of the Code of Virginia.

Historical Notes

Derived from Case No. PUE920067 §I, eff. July 1, 1993; amended, Virginia Register Volume 29, Issue 10, eff. January 1, 2013.

20VAC5-305-30. Application for electricity or natural gas.

No owner shall utilize submetering or energy allocation equipment without first securing from a tenant, before any electricity or natural gas is delivered, an application or agreement, which may be part of the tenant's lease agreement, for the purchase of electricity or natural gas. Whether or not a written application or agreement is executed, the tenant, by accepting the electricity or natural gas, agrees to be bound by the applicable terms and conditions prescribed by the Commission for submetering or energy allocation equipment. Likewise, the owner, upon establishing a submetering or energy allocation practice, agrees to supply any and all tenants with electricity or natural gas and shall be bound by such terms and conditions in acting upon applications for electric service or natural gas service.

Statutory Authority

§ 56-245.2 et seq. of the Code of Virginia.

Historical Notes

Derived from Case No. PUE920067 §III, eff. July 1, 1993.

20VAC5-305-40. Submetering.

When submeters are installed by the owners to measure the electricity or natural gas used by its tenants, all charges for electricity or natural gas used, except the allowed service charge, shall be calculated from the readings of such submeters.

Submeters in service may be tested by the owner, the Commission, or any other lawfully constituted authority having jurisdiction. When, as a result of such a test, a submeter is found to be no more than 2.0% fast or slow, no adjustment will be made to the tenant's bill. If the submeter is found to be more than 2.0% fast or slow because of incorrect calibration, the owner will rebill the tenant for the correct amount as calculated for a period equal to ½ of the time elapsed since the last previous test, but in no case for a period in excess of 12 months or since occupancy by the existing tenant, whichever is less. The percentage registration of an electric submeter will be calculated by the "weighted average" of light load and full load which is calculated by giving a value of one to the light load and a value of four to the full load. The accuracy of a natural gas submeter will be measured at the check rate of flow, as defined in ANSI B109.

Whenever it is found that unmetered electricity or natural gas is being used as a result of tampering, the tenant will pay to the owner an amount estimated by the owner to be sufficient to cover the electricity or natural gas used but not recorded by the meter and not previously paid for by the tenant.

Whenever it is found that, for any reason other than calibration or tampering, the submetering apparatus has not registered the true amount of electricity or natural gas which has been used by the tenant, the electricity or natural gas used during the entire period of incorrect registration will be estimated based upon all known pertinent facts, and the amount of electricity or natural gas so estimated will be used in calculating the corrected bill. The owner will rebill the tenant for the adjusted amount for a period equal to one-half of the time elapsed since the last previous test for submetering apparatus, but in no case for a period in excess of 12 months or since occupancy by the existing tenant, whichever is less.

Statutory Authority

§ 56-245.2 et seq. of the Code of Virginia.

Historical Notes

Derived from Case No. PUE920067 §IV, eff. July 1, 1993.

20VAC5-305-50. Energy allocation.

Energy allocation equipment may be used solely to allocate the cost of electric or natural gas service among tenants using the apartment house, office building, shopping center, or campground.

Energy allocation systems should provide a reasonable determination of energy use and resulting costs for each dwelling unit, nonresidential rental unit, or campsite. The energy allocation system should be appropriate for the HVAC system application. Components should be properly installed to assure correct measurements of allocation parameters. There should be proper calculation procedures in converting from measurement to allocation.

Energy allocation equipment in service may be tested by the owner, the commission, or any other lawfully constituted authority having jurisdiction. Testable components of the energy allocation system should be accurate, consistent with manufacturer's specifications. The commission may, by order, require that energy allocation equipment meet other independent, authoritative technical standards or operational guidelines, such as standards developed under the auspices of the American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE).

Statutory Authority

§§ 12.1-13 and 56-245.3 of the Code of Virginia.

Historical Notes

Derived from Case No. PUE920067 §I, eff. July 1, 1993; amended, Virginia Register Volume 29, Issue 10, eff. January 1, 2013.

20VAC5-305-60. Testing capability and metering equipment.

Each owner shall engage a qualified expert or factory representative to perform the equipment tests required by these terms and conditions; such tests being performed with instruments, portable standards, reference manuals, and other equipment and facilities all of which shall comply with standards of ANSI C12.1 or ANSI B109 for submetering equipment, and with manufacturer's recommended practices for energy allocation equipment. All such practices shall be available at all reasonable times for inspection by the commission's representatives.

Statutory Authority

§§ 12.1-13 and 56-245.3 of the Code of Virginia.

Historical Notes

Derived from Case No. PUE920067 §I, eff. July 1, 1993; amended, Virginia Register Volume 29, Issue 10, eff. January 1, 2013.

20VAC5-305-70. Periodic tests and checks.

Each owner shall have a testing program the primary purpose of which is to maintain an acceptable degree of accuracy during the service life of the equipment. All submetering equipment shall be tested in accordance with the provisions of ANSI C12.1 or ANSI B109. All energy allocation equipment shall be tested in accordance with manufacturer's suggested testing procedures and practices for such equipment.

No submeter shall be placed in service until its percentage registration has been established. This may be accomplished either through the engagement of a qualified expert or by a certificate provided by the manufacturer. All submeters shall be adjusted as close as possible to the condition of 100% registration. No electric submeter that exceeds the test calibration limits for watt-hour meters as set forth by ANSI C12.1 shall be placed in service or left in service. No natural gas submeter that exceeds the test calibration limits for meters as set forth by ANSI B109 shall be placed in service or left in service.

Whenever a submeter is found to exceed these limits, it shall be adjusted.

Energy allocation equipment shall be adjusted to the manufacturer's specifications before being placed in service.

If any submetering or energy allocation equipment is removed from service or replaced by other equipment for any purpose whatsoever, it shall be properly tested and adjusted before being placed in service again.

The owner shall keep and maintain the following records:

1. A record of all submetering or energy allocation equipment, showing the equipment number and location (the tenant's address where installed or if in reserve) in the apartment house, office building, shopping center, or campground.

2. The record of each test made shall show the identifying number of the equipment, the standard number and other necessary devices used, the date and kind of test made, by whom, the percentage registration at each load tested for submetering equipment, the accuracy level of the parameter measured by the energy allocation equipment, and sufficient data to permit verification of the calculations.

3. A record of all the portable standards and reference standards used to test equipment. Test equipment shall at all times be accompanied by a certified calibration card signed by the proper authority, giving the date when it was last certified and adjusted. Records of certifications and calibrations of all standards shall be kept on file in the office of the owner.

The aforementioned records for each dwelling, nonresidential rental unit, or campsite shall be made available, upon request, to the tenant of that unit during reasonable business hours at the resident manager's office or, if there is no resident manager, at the dwelling, nonresidential rental unit, or campsite of the tenant at the convenience of the owner and tenant. The owner of the building or campground may impose and collect a reasonable charge for copying documents, reflecting the actual costs of materials and labor for copying, prior to providing copies of the records to the tenant.

All records shall be made available to the commission upon request.

Statutory Authority

§§ 12.1-13 and 56-245.3 of the Code of Virginia.

Historical Notes

Derived from Case No. PUE920067 §I, eff. July 1, 1993; amended, Virginia Register Volume 29, Issue 10, eff. January 1, 2013.

20VAC5-305-80. Request tests.

Upon request by a tenant, the owner will test the submetering or energy allocation equipment without charge to the tenant, provided that such test will not be made more frequently than once in 24 months for the same tenant. If testing of submetering or energy allocation equipment is requested by the tenant more frequently than once in 24 months, the owner may require a deposit. The amount of the deposit shall not exceed the out-of-pocket expenses associated with such a test. Said deposit will be refundable only if the percentage registration or accuracy of the equipment exceeds the limits established in 20VAC5-305-40 and 20VAC5-305-50 above.

The tenant, or his designated representative, may be present when the equipment is tested.

A written report of the results of the test will be made to the tenant within 10 working days after the completion of the test.

Statutory Authority

§ 56-245.2 et seq. of the Code of Virginia.

Historical Notes

Derived from Case No. PUE920067 §VIII, eff. July 1, 1993.

20VAC5-305-90. Billing for apartment houses, office buildings, and shopping centers.

Bills shall be rendered for the same billing period as that of the utility, generally monthly, unless service is rendered for more or less than that period. Bills shall be calculated and rendered as promptly as possible following receipt by the owner of the bill from the utility, but no later than 15 days after receipt of the utility's bill. The submetering or energy allocation equipment shall be read within three business days of the scheduled reading date of the utility's master meter.

For submetering, the unit of measurement shall be the energy unit as defined in 20VAC5-305-10. For energy allocation equipment, the units of measurement shall be those characteristics monitored by the allocation equipment.

The energy billed to any tenant shall be only the energy consumed within that dwelling or nonresidential rental unit and so measured or monitored by the equipment. The cost of energy used in owner-paid areas may only be recovered by the owner as provided in the last paragraph of this section, and may not be billed to any tenant as part of the billings rendered pursuant to this chapter and may not be measured through the dwelling or nonresidential rental unit submetering or energy allocation equipment. Where tenant lease agreements have made such provision, energy costs for usage consumed within the dwelling unit or nonresidential rental unit, that are not allocated by energy allocation equipment, may be allocated by the owner among the various tenants in the same proportions as the leased space square footage. These costs shall be listed separately from energy billings based on energy allocation equipment, and appropriately marked on the monthly tenant bills.

The owner shall render bills to the tenant in the same energy unit or units as billed the owner by the utility.

The tenant's bills shall be calculated in the following manner:

After receipt of the electric or natural gas bill from the utility, by the owner, said owner shall divide the "total current charges" by the total number of energy units billed by the utility to determine the average cost in cents per energy unit. The average energy unit cost shall be multiplied by each tenant's energy unit consumption to obtain the tenant's monthly charges.

For the purposes of computing the average cost per energy unit, the "total current charges" shall include/exclude the following, as applicable:

Include:

1. Customer, demand, commodity, and energy charges.

2. Fuel adjustment charge.

3. Purchased gas adjustment.

4. Local taxes.

5. Surcharges, i.e. interim rate relief, unrecovered deferred fuel, temporary energy surcharge.

6. Facilities charge.

Exclude:

a. Miscellaneous charges, e.g. charges by the utility for late payments.

b. Outdoor and security lighting charges.

c. Merchandise charges.

The owner may impose a service charge in accordance with § 56-245.3 of the Code of Virginia per dwelling or nonresidential rental unit per month to offset the administrative cost of billing.

The tenant's bill shall show all of the following information:

1. The dates and readings of the submetering or energy allocation equipment at the beginning and at the end of the period for which the bill is rendered and the billing date.

2. The number of energy units consumed during the current billing period.

3. The average cost in cents per energy unit used in computing the bill.

4. The amount due for electricity or natural gas consumed, within the dwelling unit or nonresidential rental unit, the administrative service charge, if any, the balance forward, and the total amount due.

5. The name or address, or both, of the tenant to whom the bill is applicable.

6. The name of the firm rendering the tenant's bill and the name or title, address, and telephone number of the person or persons where payment can be made and, also, who to contact in the case of any questions or disputes concerning the bill.

7. A precise statement that the bill is not from the utility providing service to the apartment house, office building, or shopping center.

Bills will be mailed or delivered to the tenant's premises within three business days after the billing date.

Estimated bills shall not be rendered unless the meter or energy allocation equipment has been tampered with, is out of order, or access cannot be attained, and in such case, the bill shall be distinctly marked "estimated." Such estimates shall be based upon one of the following:

1. On consumption or a similar billing period where the information of previous consumption is available; or

2. In the event that a tenant has not lived on the premises for one year and, therefore, consumption for a similar billing period is not available, the preceding billing period shall be used; or

3. If available, the average of the preceding two billing periods shall be used as a basis for estimates.

Adjustment to the tenant's bills shall be made under any of the following conditions:

a. Any billing errors due to incorrect readings or improper billing calculations discovered by the owner on his own initiative or discovered as a result of an investigation because of a question or a dispute by a tenant;

b. It is determined that a cross-metering situation exists. The tenants involved will be rendered corrected bills to cover such period of time as the statute of limitations allows. If a tenant has been underbilled, he shall be allowed to make payment of the amount underbilled in equal monthly installments for as many months as the corrected bill covers, but for not more than 10 months, the entire amount underbilled being due upon termination of tenancy. If a tenant has been overbilled and is due a credit, if he wishes a cash refund, it shall be made, otherwise such credit shall be posted to the tenant's account;

c. The utility adjusts the owner's bill; or

d. As detailed in 20VAC5-305-40 (Submetering).

Nothing contained in this chapter shall prohibit the owner from recovery in periodic lease payments the tenant's fair share of electricity or natural gas cost attributable to owner-paid areas and costs incurred in establishing and maintaining the submetering system or energy allocation equipment.

Statutory Authority

§§ 12.1-13 and 56-245.3 of the Code of Virginia.

Historical Notes

Derived from Case No. PUE920067 §I, eff. July 1, 1993; amended, Virginia Register Volume 29, Issue 10, eff. January 1, 2013.

20VAC5-305-95. Billing for campgrounds.

Bills charged to a tenant shall be based upon the tenant's actual measured usage. For submetering, the unit of measurement shall be the energy unit as defined in 20VAC5-305-10. For energy allocation equipment, the units of measurement shall be those characteristics monitored by the allocation equipment.

The owner shall render bills to the tenant in the same energy unit or units as billed the owner by the utility.

The tenant's bills shall be calculated in the following manner: utilizing the most recent electric or natural gas bill from the utility to the owner, said owner shall divide the "total current charges" by the total number of energy units billed by the utility to determine the average cost in cents per energy unit. The average energy unit cost shall be multiplied by each tenant's energy unit consumption to obtain the tenant's charges.

For the purposes of computing the average cost per energy unit, the "total current charges" shall include or exclude the following, as applicable:

Include:

1. Customer, demand, commodity, and energy charges.

2. Fuel adjustment charge.

3. Purchased gas adjustment.

4. Local taxes.

5. Surcharges (i.e., interim rate relief, unrecovered deferred fuel, temporary energy surcharge).

6. Facilities charge.

Exclude:

a. Miscellaneous charges (e.g., charges by the utility for late payments).

b. Outdoor and security lighting charges.

c. Merchandise charges.

The owner may impose a service charge in accordance with § 56-245.3 of the Code of Virginia.

The owner shall recalculate the average cost per energy unit each month based upon the most recent master meter bill received from the utility for the campground. The owner shall implement the new average cost per energy unit within five calendar days of the date the master meter bill is issued to the owner by the utility.

For service at campgrounds where an owner and a tenant have an agreement that clearly states that the campground is or will be using submetering or energy allocation equipment, meter readings for the assigned campsite shall be taken at the time a tenant registers to stay at the campground, and the owner shall provide each tenant a written statement when the tenant registers, stating:

1. That the energy used at the tenant's assigned campsite will be billed to the tenant;

2. A description of how the energy unit cost will be calculated; and

3. The initial meter reading for the assigned campsite.

Meter readings for the assigned campsite shall also be taken at the time of the tenant's checkout. The tenant may be billed at checkout for the tenant's actual electric or natural gas usage at the assigned campsite based upon the tenant's report of the meter reading or upon the owner's reading of the meter for the assigned campsite.

The tenant's bill shall be provided to the tenant at checkout. A tenant's bill shall contain the following:

1. The initial energy reading and date for the current billing period;

2. The final energy reading and date for the current billing period;

3. The applicable rate;

4. The amount due; and

5. A statement that payment is due immediately or the date on which payment is due.

On request of a tenant who has been or will be billed for energy usage, the owner shall show the tenant the master meter bill received from the utility for the campground that corresponds to the rates that the tenant has been or will be charged for the assigned campsite.

Estimated bills shall not be rendered unless the meter or energy allocation equipment has been tampered with, and in such case, the bill shall be distinctly marked "estimated." Such estimates shall be based upon previous consumption at the campsite during a similar billing period.

Statutory Authority

§§ 12.1-13 and 56-245.3 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 29, Issue 10, eff. January 1, 2013.

20VAC5-305-100. Billing records.

1. All records associated with the computation of charges rendered to tenants for electric service or natural gas service shall be retained for a minimum period of three years.

2. The owner shall maintain and make available for inspection by the tenant, upon request, the following records:

a. The billing from the utility to the owner for the current month and the 36 preceding months.

b. The calculation of the average cost per energy unit for the current month and the 36 preceding months.

c. The tenant's submeter or energy allocation readings and billings for the current month and the 36 preceding months or for the term of tenancy, whichever is less.

Statutory Authority

§ 56-245.2 et seq. of the Code of Virginia.

Historical Notes

Derived from Case No. PUE920067 §X, eff. July 1, 1993.

20VAC5-305-110. Initial and final bills.

1. Initial and final bills shall be rendered for the number of energy units actually consumed in the initial and final billing periods.

2. On the date possession is taken by a tenant of a dwelling or nonresidential rental unit, an initial reading will be taken from the submetering or energy allocation equipment serving such dwelling or nonresidential rental unit to commence service to that tenant. The initial reading will be subtracted from the next reading of the equipment taken on the regularly scheduled monthly reading dates on which other submetering or energy allocation equipment in the building is read, to determine the consumption during the initial billing period. The energy units consumed as determined in the above manner will be multiplied times the average energy unit cost which is determined for the computation of bills for all other tenants for the period ending with the regularly scheduled reading date of that month.

3. On the date a tenant gives up possession of a dwelling or nonresidential rental unit, a final reading will be taken from the submeter equipment serving such unit to terminate service to the tenant. The reading of the equipment taken on the last previous regularly scheduled monthly reading dates on which other submetering or energy allocation equipment in the building was last read will be subtracted from the final reading to determine the consumption during the final billing period. The energy units consumed or determined in the above manner will be multiplied times the average energy unit cost which is determined for the computation of bills for all other tenants for the regularly scheduled monthly reading date after the final reading. If the owner and tenant so agree in writing, the owner may use the average energy unit cost from the previous month when determining the amount due for the last month of tenancy.

The provisions in this section shall only be applicable to apartment houses, office buildings, and shopping centers. Bills for campgrounds shall be rendered as set forth in 20VAC5-305-95.

Statutory Authority

§§ 12.1-13 and 56-245.3 of the Code of Virginia.

Historical Notes

Derived from Case No. PUE920067 §I, eff. July 1, 1993; amended, Virginia Register Volume 29, Issue 10, eff. January 1, 2013.

20VAC5-305-120. Commission authority.

1. Upon a finding that the public interest so requires, the Commission may, upon motion, grant exemptions from any of the foregoing provisions. The burden of proof shall be upon the movant to demonstrate, by clear and convincing evidence, that such exemption is in the public interest.

2. Nothing in the provisions of these rules shall preclude the Commission from investigating, formally or informally, a submetering or energy allocation activity. If the activity is found to be adverse to the public interest, the Commission may, by order, require the modification or elimination of the activity.

Statutory Authority

§ 56-245.2 et seq. of the Code of Virginia.

Historical Notes

Derived from Case No. PUE920067 §XII, eff. July 1, 1993.

Documents Incorporated by Reference (20VAC5-305)

ANSI C12.1-2008, American National Standard for Electric Meters Code for Electricity Metering, National Electrical Manufacturers Association, 1300 N. 17th Street, Suite 1752, Rosslyn, VA 22209 (http://www.nema.org).

ANSI B109.1, Diaphragm-Type Gas Displacement Meters (Under 500 Cubic Feet per Hour Capacity), June 2000, American Gas Association, 1400 N. Capitol Street, NW, Washington, DC 20001, telephone 1-800-699-9277 (http://www.aga.org).

ANSI B109.2, Diaphragm-Type Gas Displacement Meters (500 Cubic Feet per Hour Capacity and Over), June 2000, American Gas Association, 1400 N. Capitol Street, NW, Washington, DC 20001, telephone 1-800-699-9277 (http://www.aga.org).

ANSI B109.3, Rotary Type Gas Displacement Meters, June 2000, American Gas Association, 1400 N. Capitol Street, NW, Washington, DC 20001, telephone 1-800-699-9277 (http://www.aga.org).

NFPA 54, National Fuel Gas Code, 2006 Edition, National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02169-7471.



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