Chapter PSC 134

PSC 134.13(1)(i)4. 4. Late payment charges shall be applied to all customer classes and rate classifications.

PSC 134.13(1)(i)5. 5. The utility shall not waive any properly applied late payment charges.

PSC 134.13 Note Note: See s. PSC 134.063 (5) and (6).

PSC 134.13(1)(i)6. 6. A late payment charge shall be applied only once to any given amount outstanding.

PSC 134.13(1)(i)7. 7. If a customer disputes a bill for utility service or portion thereof and does not pay the disputed bill in full within 20 days following issuance of the bill, the late payment charge shall be applied only to that portion of the disputed bill later found to be correct and payable to the utility.

PSC 134.13(1)(i)8. 8. Bills issued for utility service previously unbilled because of meter diversion or tampering with the proper metering of the account may include a late payment charge when issued.

PSC 134.13(1)(j) (j) If the utility is authorized to make monthly late payment charges, such charges shall comply with the following requirements:

PSC 134.13(1)(j)1. 1. The amount of the charge shall be no more than one and one-half per cent per month and shall be filed and approved by the commission before it can be applied.

PSC 134.13(1)(j)2. 2. The late payment charge shall be applied to the total unpaid balance for utility service, including unpaid late payment charges.

PSC 134.13(1)(j)3. 3. Except as provided in subd. 9., the late payment charge shall be applied no sooner than 20 days after the date of issuance of the bill.

PSC 134.13(1)(j)4. 4. The late payment charge shall be applied to all customer classes and rate classifications.

PSC 134.13(1)(j)5. 5. If a customer disputes a bill for utility service or portion thereof and does not pay the disputed bill in full within 20 days following issuance of the bill, the late payment charge shall be applied only to that portion of the disputed bill later found to be correct and payable to the utility.

PSC 134.13(1)(j)6. 6. The utility may not waive any properly applied late payment charge.

PSC 134.13 Note Note: See s. PSC 134.063 (5) and (6).

PSC 134.13(1)(j)7. 7. No additional late payment charge may be applied to a delinquent account for utility service after the date on which the delinquent account was written off by the utility as uncollectable.

PSC 134.13(1)(j)8. 8. If a utility changes the type of late payment charge or initiates a late payment charge, the new charge shall apply only to utility service provided after the effective date of the change or initiation.

PSC 134.13(1)(j)9. 9. Bills issued for utility service that was previously unbilled because of meter diversion or tampering with the proper metering of the account may include a late payment charge when issued. The late payment charge may be applied from the estimated date that the diversion or tampering began.

PSC 134.13(1)(k) (k) A customer who receives a lump sum payment from an outside source to be used to pay his or her utility service bill may, at the utility’s option, apply the payment to the customer’s account in equal monthly installments.

PSC 134.13(2) (2) 

PSC 134.13(2)(a) (a) If the billing period is longer or shorter than allowed by s. PSC 134.12, the bill shall be prorated on a daily basis unless other provision is made in the utility’s filed rules.

PSC 134.13(2)(b) (b) If the utility is unable to gain access to read a standard residential meter at the end of each billing period, the utility shall, upon customer request, provide meter reading forms which allow the customer to send a card reading in time for billing. If actual readings cannot be obtained, the utility shall also leave a meter reading form at the premises for the customer to complete and return to the utility in time for bill preparation or leave a form at the premises explaining the estimation and how to avoid future estimations. This form shall be used when billing systems do not have sufficient time to allow the customer to return the card reading prior to billing.

PSC 134.13(2)(c) (c) If no form is left on the premises, or if the form is not returned in time to be processed in the billing cycle, a minimum or estimated bill may be rendered. In cases of emergency the utility may render minimum or estimated bills without reading meters or supplying meter reading forms to customers. Only in unusual cases or when approval is obtained from the customer may more than three consecutive estimated bills be rendered.

PSC 134.13(2)(d) (d) If meter reading is not scheduled on a monthly basis, the utility shall supply customers with meter-reading forms for the periods when the meter is not scheduled to be read by the utility. Customers may not be required to provide these meter readings. If the customer informs the utility he or she does not desire to supply a reading, or if the form is not returned in time for the billing operation, a minimum or estimated bill may be rendered.

PSC 134.13(2)(e) (e) When an actual meter reading indicates that a previous estimated bill was abnormally high or low, the utility shall calculate the bill for the entire period as if use of service was normally distributed throughout the period. The previous estimated charge shall be deducted from the recomputed total. If there is evidence to indicate that actual use was not uniform throughout the period, the billing shall be adjusted according to available information.

PSC 134.13(3) (3) 

PSC 134.13(3)(a) (a) Credits due a customer because of meter inaccuracies, errors in billing, or misapplication of rates shall be shown separately and identified.

PSC 134.13(3)(b) (b) The original billing rendered because of meter inaccuracies, errors in billing, or misapplication of rates shall be separated from the regular bill and the charges explained in detail.

PSC 134.13(4) (4) 

PSC 134.13(4)(a) (a) Each bill for service shall be computed at the proper filed rate, which shall be the rate selected by the utility unless the customer selects a rate under par. (e).

PSC 134.13(4)(b) (b) When it is difficult to determine what rate should be applied until there has been actual usage, the rate classification shall be reviewed when there has been adequate usage to determine the lowest applicable rate but no later than the end of the first 12 months of usage. The customer shall be notified as soon as the lowest firm sales service rate option has been determined and be given the option to select a different applicable rate as set forth in par. (e). The rate determined by the utility to be the lowest firm sales service rate option shall be effective with the billing period following the date of notification by the utility unless the customer selects a rate. If the customer selects a rate, the rate shall be effective with the current billing period if required billing information is available but not later than the beginning of the second billing period following the customer’s request.

PSC 134.13(4)(c) (c) A utility may enter into contracts having terms longer than one year, but the rates paid under such contracts shall be the utility’s lowest applicable firm sales service rate option, for which meter usage information is known, on file with the commission at the time of the contract, unless the customer selects another applicable rate at the time of the contract.

PSC 134.13(4)(d) (d) If the utility has information that the customer could qualify for a lower rate by installing equipment, or combining or separating services as allowed under the utility’s rules and regulations, he or she shall be notified; but no change in rates shall be made until the customer makes the necessary modifications. If such modifications are made, the utility shall change the customer’s rate classification effective for the beginning of the current billing period if required billing information is available, but the change shall be effective no later than the beginning of the second billing period following the customer notification to the utility that the modification has been made.

PSC 134.13(4)(e) (e) When a customer is eligible to take service under more than one rate schedule, the utility shall inform the customer at the times specified in par. (f) of the option to select a rate, of the rate options and service classifications for which the customer may be eligible and the conditions necessary to qualify, and of the firm sales service rate option that would have resulted in the lowest rate based on the previous 12 months’ service and on the metered customer usage information known to the utility. The information provided shall include a general explanation of gas service usage characteristics to assist the customer in selecting the lowest rate consistent with the customer’s anticipated usage and needs. If the customer requests a change in rate classification, it shall be effective at the beginning of the current billing period if required billing information is available, but such change shall be effective no later than the beginning of the second billing period following the customer’s request.

PSC 134.13(4)(f) (f) At least once in each calendar year customers with more than one rate option shall be informed of the option to select a rate as set forth in par. (e). The notification requirement may be satisfied through the use of a bill insert. The customer shall also be informed of the option to select a rate whenever there is a change in rates that would affect the customer, and at any other time the customer so requests. If the utility notifies the customer of the option to select a rate as the result of a rate change or a customer request, such notification shall satisfy the requirement to notify the customer at least once in each calendar year.

PSC 134.13(4)(g) (g) Nothing in this section shall be construed as permitting a customer to select a service classification inconsistent with the utility’s applicable tariff provisions or with contractual agreements between the utility and the customer.

PSC 134.13(5) (5) Each utility shall offer a budget payment plan to all prospective and existing residential customers and to all commercial accounts for which the primary purpose of the service is to provide for residential living, subject to the following minimum requirements:

PSC 134.13(5)(a) (a) A budget payment plan tariff shall be on file with the public service commission, applicable only to charges for utility services under public service commission jurisdiction.

PSC 134.13(5)(b) (b) A budget payment plan may be established at any time of the year. The budget amount shall be calculated on the basis of the estimated consumption and estimated applicable rates through the end of the budget year. If the budget year is a fixed year, then prospective and existing customers requesting a budget payment plan after the start of the fixed year shall have their initial monthly budget amount determined on the basis of the number of months remaining in the current budget year.

PSC 134.13(5)(c) (c) An applicant for a budget plan shall be informed at the time of application that budget amounts shall be reviewed and changed every 6 months, if necessary, in order to reflect current circumstances. Adjustments to the budget amount shall be made with the objective that the customer’s underbilled or overbilled balance at the end of the budget year shall be less than one month’s budget amount.

PSC 134.13(5)(d) (d) Customers on the budget payment plan shall be notified of adjustments by means of a bill insert, a message printed on the bill itself, or both. The customer shall be adequately informed of the adjustment at the same time the bill containing the adjustment is rendered.

PSC 134.13(5)(e) (e) Customers who have arrearages shall be allowed to establish a budget payment plan by signing a deferred payment agreement for the arrears, according to the provisions of s. PSC 134.063.

PSC 134.13(5)(f) (f) Budget payment plans shall be subject to the late payment charge provisions. In addition, if a budget payment is not paid, the customer shall be notified with the next billing that if proper payment is not received subsequent to this notification, the next regular billing may effectuate the removal of the customer from the budget plan and reflect the appropriate amount due.

PSC 134.13(5)(g) (g) At the end of a budget year, if an underbilled or overbilled balance exists in the account, the balance shall be handled as follows:

PSC 134.13(5)(g)1. 1. A customer’s debit balance will be paid in full or, at the customer’s option, on a deferred basis.

PSC 134.13(5)(g)2. 2. A customer’s credit balance shall be applied, at the customer’s option, against the customer’s account credited in monthly installments to the customer’s account over the course of the next budget year, or refunded to the customer.

PSC 134.13(6) (6) An occupant shall apply for utility service. An occupant who uses utility service but does not apply for it may be billed an estimated or actual amount at a later date for service used prior to the time of application. The utility must have reasonable grounds to establish responsibility for the backbilling. Failure to pay charges resulting from this backbilling may result in disconnection of service. The utility shall inform the occupant of the right to dispute the billing through the dispute procedures set forth in s. PSC 134.064.

PSC 134.13(8) (8) 

PSC 134.13(8)(a) (a) Where rental residential dwelling utility service is in the tenant’s name, and the tenant vacates the residential dwelling unit, continued utility service for such dwelling unit may be placed in the name of the owner or property manager.

PSC 134.13(8)(b) (b) The utility shall provide the owner or property manager with written notice of its intent to transfer billing responsibility. Such notice shall provide the owner or property manager with 5 days to notify the utility of:

PSC 134.13(8)(b)1. 1. The name of the customer who should be placed in service, such service date not to be later than 5 days from the notice mailing date; or

PSC 134.13(8)(b)2. 2. That utility service to the premises should be terminated and affirms to the utility that such termination will not endanger human health or life or cause damage to property during the period of disconnection.

PSC 134.13(9) (9) 

PSC 134.13(9)(a) (a) A utility shall pay interest on customer overpayments not refunded to the customer within 60 days of receipt by the utility if the net amount refunded exceeds $20 per refund and the overpayment was made to the utility due to:

PSC 134.13(9)(a)1. 1. Meters registering fast as defined in s. PSC 134.14.

PSC 134.13(9)(a)2. 2. Use of an incorrect meter constant or multiplier.

PSC 134.13(9)(a)3. 3. Incorrect service or rate classification, provided the information furnished by the customer to the utility was not deficient, or the customer did not choose the rate as provided in sub. (4).

PSC 134.13(9)(a)4. 4. Billing based on a switched meter condition where the customer was billed on the incorrect meter.

PSC 134.13(9)(a)5. 5. Misapplication of rates.

PSC 134.13(9)(b) (b) A utility is not required to pay interest to customers for overpayments made for:

PSC 134.13(9)(b)1. 1. Financing of service extensions or other equipment.

PSC 134.13(9)(b)2. 2. Budget payment plans.

PSC 134.13(9)(b)3. 3. Estimated bills, if the utility made a reasonable effort to obtain access to the customer’s meter, but was unable to gain access. Reasonable effort to gain access means that the utility notified the customer after three consecutive estimated readings that the utility will read the meter at other than standard business hours at the customer’s request.

PSC 134.13(9)(b)4. 4. Receipt of lump sum payment made from an outside source as the Low Income Home Energy Assistance Program or other like programs.

PSC 134.13(9)(c) (c) The rate of interest to be paid shall be calculated in the same manner as provided for in s. PSC 134.061 (9) (b). Interest shall be paid from the date when the customer overpayment was made until the date when the overpayment is refunded. Interest shall be calculated on the net amount overpaid in each calendar year.

PSC 134.13(9)(d) (d) Nothing in these rules shall prevent the commission or its staff from requiring the payment of interest on amounts returned to customers in those instances where the commission or its staff finds that such payment is necessary for a fair and equitable resolution of an individual complaint.

PSC 134.13 History History: 1-2-56; r. and recr. Register. February, 1959, No. 38, eff. 3-1-59; am. (6), Register, January, 1965, No. 109, eff. 2-1-65; r. and recr. (1), Register, August, 1976, No. 248, eff. 9-1-76; am. Register, March, 1979, No. 279, eff. 4-1-79; am. (1) and (5), Register, October, 1980, No. 298, eff. 11-1-80; am. (6), Register, November, 1980, No. 299, eff. 12-1-80; renum. (1) (d) to be (1) (f) and am. (intro)., cr. (1) (d), (e) and (g) and am. (6) (f), Register, September, 1981, No. 309, eff. 10-1-81; r. and recr. Register, October, 1989, No. 406, eff. 11-1-89; correction in (9) (c) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1997, No. 501; CR 06-046: am. (1) (a) (intro.), renum. (1) (a) 1. to 15. and (b) to (j) to be (1) (b) 1. to 15. and (c) to (k), cr. (1) (a) 1. to 7. and (b) (intro.) Register April 2007 No. 616, eff. 5-1-07; CR 13-048: r. (7) Register July 2014 No. 703, eff. 8-1-14.

PSC 134.14 PSC 134.14 Adjustment of bills.

PSC 134.14(1) (1) Whenever a meter is found to have a weighted average error of more than 2% fast as tested in the manner specified in s. PSC 134.28, a recalculation of bills for service shall be made for the period of inaccuracy assuming an inaccuracy equal to the weighted average error. Weighted average error refers to 80% of the open rate plus 20% of the check rate. The recalculation shall be made on the basis that the service meter should be 100% accurate.

PSC 134.14(2) (2) If the period of inaccuracy cannot be determined, it shall be assumed that the full amount of inaccuracy existed during the last half of the period since the previous test was made on the meter; however, the period of accuracy shall not exceed one-half the required test period.

PSC 134.14 Note Note: If the meter test period is 15 years and the meter had been in service for 16 years, the period of accuracy shall be 7½ years, and the period of inaccuracy shall be 8½ years.

PSC 134.14(3) (3) If the average gas bill of a customer does not exceed $10 per month over the refund period the monthly consumption of which the refund is calculated may be averaged.

PSC 134.14(4) (4) If the recalculated bills indicate that more than $1 is due an existing customer or $2 is due a person no longer a customer of the utility, the full amount of the calculated difference between the amount paid and the recalculated amount shall be refunded to the customer. The refund to an existing customer shall be a credit to the customer’s current bill. If the amount of the credit is greater than the current bill, the amount in excess of the current bill shall, at the discretion of the customer, be made in cash or as credit on future bills. If a refund is due a person no longer a customer of the utility, a notice shall be mailed to the last known address, and the utility shall upon request made within 3 months thereafter refund the amount due.

PSC 134.14(5) (5) 

PSC 134.14(5)(a) (a) Whenever a meter with a rated capacity of 400 cubic feet per hour (CFH) or more is found to have a weighted average error of more than 2% slow, the utility shall bill the customer for the amount the test indicates has been undercharged for the period of inaccuracy, which period shall not exceed the last 2 years the meter was in service unless otherwise ordered by the commission after investigation. No back billing for an inaccurate meter will be sanctioned for the following:

PSC 134.14(5)(a)1. 1. The customer has called to the company’s attention his or her doubts as to the meter’s accuracy and the company has failed within a reasonable time to check it.

PSC 134.14(5)(a)2. 2. The rated capacity of the meter is 399 cubic feet per hour (CFH) or less.

PSC 134.14(5)(a)3. 3. The amount of the backbill is less than $50.

PSC 134.14(5)(b) (b) Backbilling shall be required for any size meter for any of the following circumstances.

PSC 134.14(5)(b)1. 1. The meter did not register.

PSC 134.14(5)(b)2. 2. An incorrect correction factor or meter constant was applied.

PSC 134.14(5)(b)3. 3. The meter or service were tampered with.

PSC 134.14(5)(b)4. 4. An incorrect index or gear ratio was applied.

PSC 134.14(5)(b)5. 5. Meters were switched between customers.

PSC 134.14(5)(b)6. 6. Rates were misapplied.

PSC 134.14(6) (6) A classified record shall be kept of the number and amount of refunds and charges made because of inaccurate meters, misapplication of rates, and erroneous billing. A summary of the record for the previous calendar year shall be submitted to the commission by April 1 of each year.

PSC 134.14 History History: Cr. Register, 1-2-56; r. and recr. Register, February, 1959, No. 38, eff. 3-1-59; am. (1), (2) and (4), renum. (5) to be (5) (a) and am., cr. (5) (b), Register, November, 1989, No. 407, eff. 12-1-89.

PSC 134.15 PSC 134.15 Employees authorized to enter customers’ premises. The utility shall keep a record of employees authorized pursuant to s. 196.171, Stats., to enter customers’ premises.

PSC 134.15 History History: Cr. Register, February, 1959, No. 38, eff. 3-1-59.

PSC 134.16 PSC 134.16 Maps and diagrams. Each utility shall have maps, records, diagrams, and drawings showing the location of its property, in sufficient detail so that the adequacy of service to existing customers may be checked and facilities located.