(d) Any customer filing a complaint under this section or owner who
disagrees with a utility's determination may utilize the commission's
complaint handling procedures to obtain a written departmental
determination by complaining to the department within forty-five days
after receipt of the utility's determination. In the event that the
utility fails to provide a determination on a complaint under this
section within the required time period, the department shall
investigate, upon the shared meter customer's or owner's request, and
issue a written determination. The commission or its designee shall have
the authority to apportion estimated charges for service measured by a
shared meter among the owner, shared meter customer and any third party.
5. Change in billing. Notwithstanding any inconsistent provision of
law, one hundred twenty days after notice is sent to the owner that the
utility or the department has made a final determination that the shared
meter customer's dwelling is served by a shared meter in violation of
subdivision two of this section:
(a) the utility shall verify that, pursuant to subdivision two of this
section, the owner has eliminated the shared meter condition or has
entered into a mutually acceptable written agreement with the shared
meter customer and where applicable, a third party, for apportioning the
charges for service measured by the shared meter and has provided a copy
to the utility, or, as an alternative to eliminating the shared meter
condition, has established a separate account in the owner's name as the
customer of record for all applicable shared area charges and all future
service measured by the shared meter;