Appeal of Informal Decision: Casella Apartments HDFC v. Consolidated Edison Company

Strategic Insights -

Casella Apartments HDFC, a housing cooperative, has appealed an informal decision rendered by the New York State Public Service Commission on June 10, 2022, in the matter of OCS Case 165452. The decision involved an appeal of estimated bills issued by Consolidated Edison Company to the cooperative. In their appeal, Casella Apartments HDFC argues that the Informal Hearing Officer made errors of fact and law, including an incorrect interpretation of the code NRFNR.

Key Takeaways:

  • The Informal Hearing Officer (IHO) incorrectly defined the code NRFNR, stating it was a general code for unforeseen situations beyond the utility's control.
  • The actual definition of NRFNR means that no reason has been provided for not reading the meter, contrary to the IHO's interpretation.
  • Con Edison's own submissions and testimony in previous cases contradict the IHO's definition of NRFNR.
  • The IHO's definition of NRFNR breached the English language and was an error of fact, allowing Con Edison to render consecutive estimated bills.
  • Casella Apartments HDFC has attached two case exhibits to prove their argument, highlighting the inconsistency in Con Edison's interpretation of NRFNR (OCS Case 018522 and OCS Case 019654).
  • The IHO's incorrect definition of NRFNR affected the decision and demonstrates a breach of fact and law in the informal review process.

Statistics:

  • The Informal Hearing Decision was rendered on June 10, 2022.
  • NRFNR is an acronym for "No Reason For Not Reading" used on Con Edison's MNOT's (Meter Notations).
  • Con Edison issued consecutive estimated bills to Casella Apartments HDFC.
  • The IHO incorrectly defined NRFNR in his decision.
  • Con Edison submitted testimony in OCS Case 018522 and OCS Case 019654, defining NRFNR as "no specific outlined reason" in each occurrence.

Sources:

  • New York State Department of Public Service document: Utility Rate Analysis Consultants (URAC) (no specific date mentioned)
  • Informal Hearing Decision, Casella Apartments HDFC v. Consolidated Edison Company, June 10, 2022 (IHO decision referenced)
  • OCS Case 018522 and OCS Case 019654 (exhibits attached to Casella Apartments HDFC's appeal)
  • 16 NYCRR § 12.13 (regulation governing appeals from informal decisions)