Section 460.450  Meter Tampering, Theft of Service, and Illegal Taps

a)         MSP workers shall visually inspect meter sites for conditions associated with meter tampering, theft of service or an illegal tap. When a condition associated with theft of service is observed, the MSP shall immediately notify the DSP, the energy supplier and any other entities providing service to the customer of any evidence of meter tampering, energy theft or meter security compromise on a customer's premises, and in no event later than one business day after discovery of the evidence. The following information shall be conveyed to the DSP when theft of service is discovered by the MSP:

1)         description of evidence;

2)         action taken by MSP;

3)         contact information at customer's facility; and

4)         meter and account information.

b)         The MSP shall cooperate with entities providing electric service to the customer to determine and implement the appropriate corrective action. If a theft-of-service condition is not remedied within 10 business days, except upon agreement between the DSP, MSP and energy supplier, the DSP shall have the right to immediately remove and replace the meter or affected metering equipment, with standard DSP metering equipment. The meter shall be held as evidence in a theft-of-service investigation.

c)         If an MSP alleges that tampering or theft of service has occurred, the MSP shall have the burden of proving, by a preponderance of the evidence, that the customer's meter has been tampered with, that the customer has benefited from the tampering and that the rebilling is reasonable.