49-04.1 Actions for Bypassing, Tampering or Unauthorized Metering
Download pdf
Loading PDF...
<![CDATA[CHAPTER 49-04.1ACTIONS FOR BYPASSING, TAMPERING OR UNAUTHORIZED METERING49-04.1-01. Definitions. As used in this chapter, unless the context or subject matterotherwise requires:1."Bypassing" means the act of attaching, connecting, or in any manner affixing any<br>wire, cord, socket, motor or other instrument, device, or contrivance to the utility<br>supply system or any part thereof in a manner as to transmit, supply, or use any<br>utility service without passing through an authorized meter for measuring or<br>registering the amount of utility service.2."Customer" means the person responsible for payment for utility services for the<br>premises and includes employees and agents of the customer.3."Tampering" means damaging, altering, adjusting, or in any manner interfering with<br>or obstructing the action or operation of any meter provided for measuring or<br>registering the amount of utility service passing through the meter.4."Unauthorizedmetering"meansremoving,moving,installing,connecting,reconnecting, or disconnecting any meter or metering device for utility service by a<br>person other than an authorized employee or agent of a utility.5."Utility" means any public utility, municipally owned utility, or cooperative utility which<br>provides electricity, gas, or water, or any combination thereof, for sale to consumers.6."Utility service" means the provision of electricity, gas, water, or any other service or<br>commodity furnished by the utility for compensation.7."Utility supply system" includes all wires, conduits, pipes, cords, sockets, motors,<br>meters, instruments, and all other devices used by the utility for the purpose of<br>providing utility service.49-04.1-02. Civil action allowed.1.A utility may bring a civil action for damages against any person who commits,<br>authorizes, solicits, aids, abets, or attempts any of the following acts which results in<br>loss to the utility:a.Bypassing.b.Tampering.c.Unauthorized metering.2.A utility may bring a civil action for damages pursuant to this section against any<br>person who knowingly receives utility service through means of bypassing,<br>tampering, or unauthorized metering.3.In any civil action brought pursuant to this section, the utility is entitled, upon proof of<br>willful or intentional bypassing, tampering, or unauthorized metering, to recover one<br>thousand dollars or three times the amount of the actual loss, whichever is greater,<br>caused by the bypassing, tampering, or unauthorized metering, plus all reasonable<br>expenses and costs incurred on account of the bypassing, tampering, or<br>unauthorized metering.Reasonable expenses and costs include expenses andcosts for investigation, disconnection, reconnection, service calls, employees and<br>equipment, expert witnesses, costs of the suit, and reasonable attorneys' fees.Page No. 149-04.1-03.Disputable presumptions of bypassing, tampering, or unauthorizedmetering.1.It is a disputable presumption that a tenant or occupant of premises where<br>bypassing, tampering, or unauthorized metering occurred, caused or had knowledge<br>of the bypassing, tampering, or unauthorized metering if the tenant or occupant had<br>access to the part of the utility supply system on the premises where the bypassing,<br>tampering, or unauthorized metering occurred, and if the tenant or occupant was<br>responsible or partially responsible for payment, either directly or indirectly, to the<br>utility or to any other person for utility service to the premises.2.It is a disputable presumption that a utility customer at premises where bypassing,<br>tampering, or unauthorized metering occurred, caused or had knowledge of the<br>bypassing, tampering, or unauthorized metering if the customer controlled access to<br>the part of the utility supply system on the premises where the bypassing,<br>tampering, or unauthorized metering occurred.49-04.1-04. Reservation. This chapter does not limit or control any other statutory rightsor claims for relief which may be brought by a utility.Page No. 2Document Outlinechapter 49-04.1 actions for bypassing, tampering or unauthorized metering]]>