(b) if the owner has not eliminated the shared meter or entered into
such agreement or established such account or if the amount of the
service is not minimal under commission rules adopted pursuant to
subdivision eight of this section, the utility shall establish an
account in the owner's name as the customer of record for service
measured through the shared meter and bill the owner for all applicable
shared area charges and all future service measured through the shared
meter; provided, however, that the commission or its designee may grant
an extension not to exceed ninety days to an owner if, in its judgment,
extenuating circumstances beyond an owner's control prevented timely
compliance, or such shared meter is the subject of an ongoing department
review regarding the apportionment of estimated charges pursuant to
subparagraph (ii) of paragraph (c) of subdivision two of this section;
(c) the utility shall refund to the customer or cancel shared area
charges; provided, however, that when third party involvement exists,
the utility shall credit the shared meter customer for all the estimated
charges of the third party;