proceeding, and that it was within our authority to utilize the four-year statute of limitation set forth at Section 1312 of the Code. As discussed above, Section 1312 establishes a four-year statute of limitations applicable to refunds paid by utilities, and it has been our established practice, as matter within our discretion, to apply the four-year statute of limitations to the amounts owed to utilities by customers, as follows: Section 1312 of the Public Utility Code permits ratepayers to seek rate refunds when certain findings are made, up to a four-year past period measured from the date that the improper billing was discovered. Parity and equity warrant that a utility should likewise be limited to a four-year past period for recoupment of underbillings. Also, while expressly applying to residential customers, an analogy can be drawn from the four-year limitations contained in the regulations at Section 56.35 and 56.83(7). We Commission’s can find no distinguishing factor which would suggest that a different time limitation for commercial customers should be applied. at 12. The Commission has followed the precedent established by Angie’s Bar Angie’s in a series of cases dating from 1990. Bar See e.g., Petition of PECO Energy Company Docket No. for Approval of its Revised Electric Purchase of Receivables Program, P2009-2143607 (Order entered August 24, 2010); Encarnacion v. PPL Electric Utilities Docket No. C-20078087 (Order entered September 29, 2008); Corp., Berry v. PGW, Docket No. F01184412 (Order entered April 15, 2004). Thus, while Section 1312 does not mandate a four-year limitation on the collection by utilities of unpaid amounts due for service, the Commission has exercised its discretion and applied the four year-statute of limitations under Section 1312 to these situations since at least 1990. The instant Complaint was filed by Core under its state Switched Access Tariff, which we determined is not applicable to the traffic at issue. December 2012 at 61. Instead, we resolved Complaint by applying the capped rate Order Core’s FCC’s of $0.0007 established by the to the traffic at issue. at 80. ISP Remand Order Id. FCC’s
proceeding, and that it was within our authority to utilize the four-year statute of limitation set forth at Section 1312 of the Code. As discussed above, Section 1312 establishes a four-year statute of limitations applicable to refunds paid by utilities, and it has been our established practice, as matter within our discretion, to apply the four-year statute of limitations to the amounts owed to utilities by customers, as follows: Section 1312 of the Public Utility Code permits ratepayers to seek rate refunds when certain findings are made, up to a four-year past period measured from the date that the improper billing was discovered. Parity and equity warrant that a utility should likewise be limited to a four-year past period for recoupment of underbillings. Also, while expressly applying to residential customers, an analogy can be drawn from the four-year limitations contained in the Commission’s regulations at Section 56.35 and 56.83(7). We can find no distinguishing factor which would suggest that a different time limitation for commercial customers should be applied. Angie’s Bar at 12. The Commission has followed the precedent established by Angie’s Bar in a series of cases dating from 1990. See e.g., Petition of PECO Energy Company for Approval of its Revised Electric Purchase of Receivables Program, Docket No. P2009-2143607 (Order entered August 24, 2010); Encarnacion v. PPL Electric Utilities Corp., Docket No. C-20078087 (Order entered September 29, 2008); Berry v. PGW, Docket No. F01184412 (Order entered April 15, 2004). Thus, while Section 1312 does not mandate a four-year limitation on the collection by utilities of unpaid amounts due for service, the Commission has exercised its discretion and applied the four year-statute of limitations under Section 1312 to these situations since at least 1990. The instant Complaint was filed by Core under its state Switched Access Tariff, which we determined is not applicable to the traffic at issue. December 2012 Order at 61. Instead, we resolved Core’s Complaint by applying the FCC’s capped rate of $0.0007 established by the FCC’s ISP Remand Order to the traffic at issue. Id. at 80.
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