10. Treatment of refunds. (a) Where, as of the effective date of this
subdivision, an owner of a building consisting of one to five dwelling
units has been billed for service measured through a shared meter
without an apportionment of charges for service used by the shared meter
customer and, where applicable, a third party, the utility shall refund
to the owner, upon the written request of the owner, any charges which
represent service used in the shared meter customer's dwelling and,
where applicable, a third party. Such written request must be submitted
no later than December first, nineteen hundred ninety-seven, provided
that an owner may petition the commission or its designee for an
extension upon a finding that such owner has not received timely or
adequate notice of the availability of such refund. In any case where an
owner has been billed but has not paid for such service, the utility
shall only collect from the owner shared area charges. The utility shall
not attempt to charge the shared meter customer or the third party for
any monies refunded to the owner pursuant to this section.
(b) In any case where a shared meter customer is entitled, following a
final determination of shared meter condition prior to the effective
date of this subdivision, to a refund but has not received such refund
because the owner has not made payments for which the owner was billed,
such shared meter customer shall receive his or her refund from the
utility.