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(a) The Virgin Islands Water and Power Authority may not back bill customers for additional consumption of water, or electricity power due to faulty meters or previous billing errors, except as provided in this section.
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(1) In cases of non-functioning or defective meters, the authority is prohibited from back billing customers for additional consumption of water or power based upon estimated usage except for back billing not exceeding the three billing cycles of approximately thirty days each immediately preceding the discovery by the Authority of the error, and not to exceed three months, for the reasonably estimated usage for such cycles, using reasonable estimates based upon subsequent actual average daily consumption by the consumer over a two month period, or other formula, with any such other formula to be approved by the Public Services Commission.
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(2) In cases of other billing errors or omissions, the Authority is prohibited from back billing customers for additional consumption of water, or power except for back billing not exceeding the three billing cycles of approximately thirty days each immediately preceding the discovery by such utility of the error, and not to exceed three months.
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(3) The time limitations of this section do not apply in any case where a meter is shown by the utility to have been damaged or to be unavailable to be read as a result of actions or negligence of the consumer, where there is active fraud or tampering with the meters in question on the part of the consumer or by an agent or employee of the consumer, or where there is proof of fraud, collusion or conspiracy by the consumer to pay less than the proper charges for water or power.
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(b) For purposes of this section, the burden of proof shall be on the utility by clear and convincing evidence that the meters were actually read.