Ill. Admin. Code tit. 83, § 280.190 - Treatment of Illegal Taps
a Intent: The purpose of
this Section is to require the utility to investigate high bills resulting from an
abnormal or unexplained increase in consumption alleged by a customer. The utility
shall investigate the allegation, to the extent customer-owned facilities are
readily visible or accessible, to determine the reason and whether the consumption
is caused by an illegal tap or diversion of service.
b Utility Investigation: When, within 30 days
after receipt of a utility's bill, a customer alleges that the level of consumption
is unreasonably high, the public utility furnishing natural gas, electricity or
water to that customer shall investigate the allegation.
c Notice of Investigation Results: If, as a result
of the investigation, the public utility determines that a tap has been constructed
on the pipes and/or wires of the customer, the utility shall attempt to notify the
landlord, property owner or his or her agent and instruct that the tap be removed
immediately. The customer shall also be provided with notice of the investigation
results.
d Disconnection of Service:
This Section shall in no way prohibit a utility from disconnecting service if the
utility determines that an unsafe condition exists.
e Utility Determination of Benefitting Party: The
utility shall also attempt to determine the identity of the party benefitting from
the tapped service. The following procedures shall apply once the tap has been
removed:
1 The customer whose pipes and/or wires
had been tapped by a third party shall be billed by the utility according to the
newly established usage pattern and/or degree day analysis, whichever is
appropriate.
2 If the utility identifies
the third party and finds that the third party is currently a customer of the
utility on another account, the utility is authorized to bill that third party's
account for the excess usage that is not attributable to the customer whose line had
been tapped plus all related expenses incurred by the utility.
3 If the utility identifies the third party and
finds that the third party is not a customer of the utility, the utility is
authorized to bill that third party for the excess usage that is not attributable to
the customer whose line had been tapped plus all related expenses incurred by the
utility using the procedures established for the billing of unauthorized use of
utility service.
4 In cases when the
utility cannot determine the identity of the party benefitting from the tap, the
utility may assign the dollar amount representing the excess usage and expenses to
its bad debt account.
f
Construction Error: When the diversion of gas, electricity or water is the result of
a construction error in the pipes and/or wires that is not the responsibility of the
public utility, the accounts of the customers involved may be adjusted according to
the newly established usage pattern and/or degree day analysis, whichever is
appropriate.
g When the customer of
record benefitted from, cooperated in or acquiesced to the tap, the utility may
collect all related expenses from the customer of record for the services associated
with the tap.
Notes
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