We previously wrote about a case where a landlord sold electricity to its tenants for several years without seeking a PSC order waiving the general prohibition of residential submetering contained in PSC regulations and Con Edison tariffs. See White Plains Landlord Submetering Electricity Without PSC Approval. An elderly blind tenant represented by PULP objected to the Landlord’s petition seeking retroactive approval.
In a February, 2009 order, the PSC granted the landlord’s request.
Today, a motion for rehearing was filed on behalf of the tenant, arguing that the decision to retroactively approve submetering was affected by errors of fact and law, and that new evidence supports revisiting the decision, including evidence that the grievance process approved by the Commission and implemented by the landlord clashes with utility consumer protection statutes.
The motion further argues that the Commission, by allowing the landlord to benefit from submetering without permission for 51 months, in violation of longstanding rules and tariffs, will foster disrespect for the Commission and its rules.