A-7129, JANUARY 17, 1925, 4 COMP. GEN. 617

A-7129: Jan 17, 1925

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MAY BE ESTIMATED BY TAKING THE AVERAGE DAILY CONSUMPTION SHOWN BY METER READINGS DURING A PERIOD WHEN THE CONDITIONS AS TO CONSUMPTION WERE SUBSTANTIALLY THE SAME. PAYMENT ON THAT BASIS IS AUTHORIZED AS AN IMPLIED PROVISION OF THE CONTRACT. 1925: THERE WAS RECEIVED DECEMBER 23. WITH REQUEST FOR DECISION WHETHER PAYMENT THEREOF BY YOU IS AUTHORIZED. " THE CONSUMPTION IS ESTIMATED AT 2 KW.H. THE COMPANY IS TO FURNISH CURRENT DURING THE FISCAL YEAR 1925 AT AN ESTIMATED COST OF $350 FOR THE YEAR. WHERE IT WAS HELD. MAY BE ESTIMATED BY TAKING THE AVERAGE DAILY CONSUMPTION SHOWN BY METER READINGS DURING A PERIOD WHEN THE CONDITIONS AS TO CONSUMPTION WERE SUBSTANTIALLY THE SAME. PAYMENT ON THAT BASIS IS AUTHORIZED AS AN IMPLIED PROVISION OF THE CONTRACT.

A-7129, JANUARY 17, 1925, 4 COMP. GEN. 617

PURCHASES, ELECTRIC CURRENT - "DEAD" METER THE AMOUNT OF ELECTRIC CURRENT CONSUMED BY THE GOVERNMENT DURING THE PERIOD THE METER FAILED TO REGISTER, UNDER A CONTRACT NOT PROVIDING FOR SUCH A CONTINGENCY, MAY BE ESTIMATED BY TAKING THE AVERAGE DAILY CONSUMPTION SHOWN BY METER READINGS DURING A PERIOD WHEN THE CONDITIONS AS TO CONSUMPTION WERE SUBSTANTIALLY THE SAME, AND PAYMENT ON THAT BASIS IS AUTHORIZED AS AN IMPLIED PROVISION OF THE CONTRACT.

COMPTROLLER GENERAL MCCARL TO LIEUT. H. A. HOOTON, UNITED STATES NAVY, JANUARY 17, 1925:

THERE WAS RECEIVED DECEMBER 23, 1924, BY TRANSMISSION OF THE SECRETARY OF THE NAVY, UNDER DATE OF DECEMBER 22, 1924, YOUR LETTER OF DECEMBER 5, 1924 (MLW), TRANSMITTING WITH RELATED PAPERS PUBLIC BILL S.O. NO. 1701, DATED NOVEMBER 19, 1924, IN FAVOR OF PEOPLE'S GAS AND ELECTRIC CO. FOR $12.10 COVERING ELECTRIC CURRENT FURNISHED THE NAVAL RESERVE FORCE AT BURLINGTON, IOWA, FROM AUGUST 23 TO OCTOBER 21, 1924, WITH REQUEST FOR DECISION WHETHER PAYMENT THEREOF BY YOU IS AUTHORIZED.

FROM THE PUBLIC BILL AND THE COMPANY'S ORIGINAL INVOICE ATTACHED THERETO IT APPEARS THAT THE READING OF "NEW METER" OCTOBER 21, 1924, SHOWED A CONSUMPTION OF 37 KW.H. FROM OCTOBER 4, AND THAT FOR THE PERIOD AUGUST 23 TO OCTOBER 4,"OLD METER (DEAD)," THE CONSUMPTION IS ESTIMATED AT 2 KW.H. PER DAY, TOTAL 84 KW.H. FOR THE PERIOD, BASED, APPARENTLY, ON THE AVERAGE DAILY CONSUMPTION SHOWN BY THE "NEW METER" FOR THE PERIOD OCTOBER 4 TO 21, MAKING THE TOTAL CONSUMPTION FOR THE TWO PERIODS 121 KW.H., AMOUNTING, AT 10 CENTS PER KW.H., TO $12.10.

IT APPEARS ALSO THAT UNDER PROPOSAL DATED JULY 1, 1924, THE COMPANY IS TO FURNISH CURRENT DURING THE FISCAL YEAR 1925 AT AN ESTIMATED COST OF $350 FOR THE YEAR, BASED ON SPECIFIED SLIDING SCALE OF RATES,"FIRST 175 KW. 10 CENTS.' THE PROPOSAL MAKES NO PROVISION FOR SUCH A CONTINGENCY AS A METER FAILING TO REGISTER.

IT HAS BEEN HELD, 97 MS. COMP. DEC. 429, IN THE CASE OF A BURNED-OUT METER WHICH DID NOT REGISTER THE ELECTRIC CURRENT USED AND WHICH HAD TO BE REPLACED BY A NEW METER, THAT FOR THE PERIOD THE DEFECTIVE METER FAILED TO REGISTER PAYMENT COULD BE MADE OF THE CHARGE FOR CURRENT BASED UPON THE AVERAGE CONSUMPTION AS SHOWN BY THE READINGS OF THE PROPERLY WORKING METER, FOLLOWING THE PRINCIPLE IN A WATER CASE IN 27 COMP. DEC. 800, WHERE IT WAS HELD, QUOTING FROM THE SYLLABUS:

THE AMOUNT OF WATER CONSUMED BY THE GOVERNMENT DURING THE PERIOD THE METERS FAIL TO REGISTER, UNDER A CONTRACT NOT PROVIDING FOR SUCH A CONTINGENCY, MAY BE ESTIMATED BY TAKING THE AVERAGE DAILY CONSUMPTION SHOWN BY METER READINGS DURING A PERIOD WHEN THE CONDITIONS AS TO CONSUMPTION WERE SUBSTANTIALLY THE SAME, AND PAYMENT ON THAT BASIS IS AUTHORIZED AS AN IMPLIED PROVISION OF THE CONTRACT.

ASSUMING FROM THE CERTIFICATE OF THE ADMINISTRATIVE OFFICER TO THE PUBLIC BILL THAT ELECTRIC CURRENT WAS FURNISHED BY THE COMPANY TO AND USED BY THE GOVERNMENT DURING THE PERIOD FROM AUGUST 23, AND ASSUMING ALSO THAT DISCOVERY THAT THE "OLD METER" FAILED TO REGISTER WAS MADE AT THE TIME OF THE USUAL MONTHLY READING OF THE METER AND THAT THE"NEW METER" WAS INSTALLED SOON THEREAFTER, PAYMENT OF THE BILL IS AUTHORIZED.