[Vol. 15] Public Service Commission, First District in the office of the commission. The commission may also require such corporation and persons to file periodic reports in the form, covering the period and at the time prescribed by the commission. The commission may require of any such corporation or person specific answers to questions upon which the commission may need information. [The annual report required to be filed by a common carrier, railroad or street railroad corporation shall be so filed on or before the thirtieth day of September in each year.] The commission may extend the time for making and filing such report for a period not exceeding sixty days. If such corporation or person shall fail to make and file the annual report within the time [above specified] prescribed or within the time as extended by the commission, or shall fail to amend such report within such reasonable time as may be prescribed by the commission, or shall fail to make specific answer to any question, or shall fail to make the periodic reports when required by the commission as herein provided, within the time and in the form prescribed by the commission for the making and filing of any such report or answer, such corporation or person shall forfeit to the state the sum of one hundred dollars for each and every day it shall continue to be in default with respect to such annual report, amendment, answer or periodic report. Such forfeiture shall be recovered in an action brought by the commission in the name of the people of the state of New York. The amount recovered in any such action shall be paid into the state treasury and credited to the general fund. Any railroad corporation or common carrier other than a street railroad corporation operating partly within the second district and partly within the first district shall report to the commission of the second district; but the commission of the first district may, upon reasonable notice, require a special report from such railroad corporation or common carrier. Any street railroad corporation operating partly within the first district and partly within the second district shall report to the commission of the first district; but the commission of the second district may, upon reasonable notice, require a special report from such street railroad corporation. 2. This act shall take effect immediately. Public Service Commission, First District [Vol. 15] In the Matter of the Complaint of UDO M. FLEISCHMAN against THE NEW YORK EDISON COMPANY in Regard to its Charges for Sub-Meters and Electric Current Consumed Case No. 2228 (Public Service Commission, First District, January 23, 1918) Charges for sub-meters and electric current by the New York Edison Company. Premises Nos. 1960-1966 Broadway, 138-146 Columbus avenue, in the city of New York, are owned by the complainant, Udo M. Fleischman, some of whose tenants had contracts with the New York Edison Company for the supplying of electric current. Other tenants purchased their current from the complainant, who in turn paid the Edison Company therefor. There were also in use certain meters owned by the United Electric Light and Power Company in addition to those of the Edison Company. The United Electric Light and Power Company meters were used to measure current furnished by that company. The current so consumed was billed by the Edison Company as a part of its own service under what is known as exchange service." The practice of submetering has been condemned by the Commission in several cases cited in the opinion. To conform to the order of the Commission made as a result of the cases cited the New York Edison Company issued a supplement to its schedule, establishing a schedule of prices. The complainant entered into a meter purchase agreement on the basis outlined in the said supplement. The present proceeding is to establish the amount of the charge which should be exacted and collected from the complainant for sub-meters and for reparation for past excessive charges and payments. Held, that the Edison Company should now arrange to transfer the sub-meters to the complainant at the price which the Edison Company would pay the United Company for such meters and that, whatever the price may be that it must pay the United Company therefor, its failure to procure such meters from the United Company while the schedule was effective should not increase the cost of the meters to the complainant; also, held, that the Commission has no statutory power to order a refund because of excessive or improper past charges for current actually paid for. HERVEY, Commissioner. The facts established upon the hearing in this matter may be summarized as follows: The complainant is the owner of the premises Nos. 19601966 Broadway, 138-146 Columbus avenue. In November, 1915, [Vol. 15] Public Service Commission, First District some of his tenants had contracts with the New York Edison Company for the supply of electric current and were billed directly by the company. Other tenants purchased their current from the complainant and the latter in turn paid the Edison Company therefor. The company read the meters of the tenants who purchased their current from complainant, and furnished to complainant itemized bills showing the readings of their individual meters. In addition to the meters belonging to the Edison Company there were in use certain meters which were the property of the United Electric Light and Power Company and were used to measure current furnished by the latter company. The current so consumed was billed by the Edison Company as a part of its own service under what is known as "exchange service." The practice of sub-metering then prevailing was condemned by the Commission in Stadtlander v. New York Edison Company, 6 P. S. C. Reports, 1st Dist. N. Y. 48, and on October 15, 1915, in Matter of the Hearing as to Rate Schedules of the company, 6 P. S. C. R. 1st Dist. N. Y. 289, an order was made directing that on and after January 1, 1916, the company should determine the amount of current supplied to each customer by means of a master meter and that the company should not install more than one meter to a service under each contract. The order also directed that the company's schedule should contain in full the terms under which the company would sell any meters owned or installed by it. The order in no way affected the service to those tenants of complainant who were being served and billed by the company direct. As a result of the Commission's order, the New York Edison Company issued a supplement to its schedule effective November 20, 1915, as follows: "Prices of Meters: "Prices at which the meters now installed upon the premises of the consumer may be purchased by the consumer with the understanding that, if subsequently sub-metering is no longer required, the meters so purchased may be returned within a Public Service Commission, First District [Vol. 15] period of six months, from January 1, 1916, and if in acceptable condition, the full amount paid for them will be refunded. "(Here follows a schedule of prices.)" On December 27, 1915, the complainant signed and sent to the company a meter purchase agreement. No further steps were taken until January 27, 1916, when the company received a request from complainant that until further notice it honor all orders in reference to electric service lamps, etc., from the complainant's agent, the Independent Electric Lighting Corporation. On the same day the complainant's agent notified the company by letter that the complainant would refuse to permit the use of risers or mains in the premises for the sale of electricity to any of the complainant's tenants and a demand was made that a master meter be installed to correctly measure the amount of consumption. A demand was also made in said letter that all sub-meters be connected to the master meters including meters of tenants who were then being served by the company direct, and the complainant also agreed therein to purchase all sub-meters in the premises at the schedule prices. On the same day a further letter was sent to the company by the complainant's agent advising the company that complainant would be compelled to refuse payment of the bills for current supplied where readings on series meters were being made and insisted on being billed for all current furnished in the building and also for sub-meters and meters which were then being used to serve tenants direct. Despite this notice the company in fact continued thereafter to use the risers and meters in the building to serve some of the tenants of the complainant direct and the complainant continued to pay bills made out to him in which was included current consumed by the other tenants through meters not connected with a master meter. This continued until April 28, 1916, when a master meter was installed to which were connected the meters of some only of the complainant's tenants. Thereafter, from time to time, as consents were received from tenants who were being served direct, their meters were connected to the master meter. The consents of all tenants had not [Vol. 15] Public Service Commission, First District been obtained and all meters had not been so connected on July 6, 1916, on which date the schedule of prices for meters which had become effective on November 20, 1915, was superseded by a supplement which provided: "The company reserves the right to sell or withhold the sale of meters belonging to it installed upon the premises of the consumer. In the event of sale the price will be a matter of mutual agreement based on the estimated value of the meter and connected appliances." Although the master meter was installed in April, 1916, the company's seal was not removed from at least one sub-meter until many months thereafter. The complainant in this proceeding seeks the following relief: (1) That the Edison Company be directed to charge the complainant at the schedule prices prevailing prior to July 6, 1916, for all meters on the premises in January, 1916, whether the current consumed through the meters was billed to the complainant or directly to the tenant and irrespective of the fact that some of the meters were owned by the United Electric Light and Power Company. (2) That the company make reparation to the complainant for the difference in the price of the current consumed through the master meter and the aggregate of current consumed through the several sub-meters up to the time of the removal of the seals by the Edison Company. The company concedes that the complainant is entitled to purchase at the prices set forth in the schedule of November 20, 1915, all meters on the premises owned by it, the consumption through which was billed to the complainant prior to the change of price effected by the schedule of July 6, 1916. As to the meters of the United Company, it was conceded: "The meters belonging to the United Company which in that period he desired to purchase would be charged for at the price which the Edison Company would pay the United Company for those meters." As to the first prayer for relief—that is, the charge which should be exacted and collected from the complainant for submeters I am of the opinion that the complainant is entitled to purchase at the prices set forth in the schedule of November 20, |