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Couch White Staves Off Challenge To Submetering Of Electricity

Couch White Staves Off Challenge To Submetering Of Electricity

On June 25, 2010, Couch White obtained a favorable order, with wide-ranging impacts, at the New York State Public Service Commission (Commission) in Case 08-E-0439, Petition of Riverview II Preservation, LP to Submeter Electricity at 47 Riverdale Ave., Yonkers, New York, Located in the Territory of Consolidated Edison Company of New York, Inc.

The firm successfully represented Riverview II Preservation, LP (Riverview) in an attempt by the Riverview II Tenants Association (Tenants Association) to stay, rehear or vacate a prior Commission order authorizing Riverview to submeter its 343-unit residential building in Yonkers, New York. The Commission rejected the majority of the Tenants Association’s claims and allowed Riverview to continue to submeter at its building subject to various conditions to which it consented. The Commission’s order represents a victory for Riverview, which was faced with the costly prospect of the Commission reversing the authorization it previously had granted Riverview to submeter its building in Yonkers, New York.

Moreover, the Commission’s order allowing for the continuation of submetering at Riverview’s building furthers the Commission’s longstanding policy, which has been to generally favor direct metering or submetering of individual dwelling units to promote energy efficiency and equity. With direct metering or submetering, electricity consumers pay bills that are directly related to their actual consumption, which provides a tool for consumers to manage their energy usage and bills and furthers the State’s energy efficiency goals.

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