PULP has noted the lack of enforcement by the PSC of its orders permitting landlords to submeter and sell electricity to their tenants. See Lax PSC Enforcement of Submetering Orders Allows Landlords to Overcharge for Electricity Sold to Tenants and to Circumvent HEFPA Protections .
On November 21, 2008, the PSC issued a notice that it will hold a technical conference on submetering issues.
Rather than investigate the compliance of landlords with past orders, it appears from the notice that the PSC intends to change its regulations in order “to streamline the process by which multi-unit building owners may submeter their premises.” The proposal would eliminate the issuance of orders applicable to submeterers, and so might also lessen the prospect of any meaningful penalties for violation of tenant rights by submetering landlords.
The conference is scheduled for December 16, 2008.
For further information see PULP's webpage on submetering.