Chapter Adm 43

Chapter Adm 43

NON-MUNICIPAL ELECTRIC UTILITY LOW INCOME ASSISTANCE FEE

Adm 43.01   Authority.

Adm 43.02   Purpose.

Adm 43.03   Definitions.

Adm 43.04   Estimating low-income need data.

Adm 43.05   Establishing the low-income assistance program funding level.

Adm 43.06   Allocating the amount invoiced.

Adm 43.07   Collecting the low-income assistance fee.

Adm 43.08   Payment and reconciliation of the low-income assistance fee.

Adm 43.09   Requesting approval for reasonable and prudent expenses.

Adm 43.10   Voluntary contributions.

Adm 43.11   Reports and annual statements.

Adm 43.12   Appeals.

Ch. Adm 43 Note Note: Chapter Adm 43 was created as an emergency rule effective August 22, 2000.

Adm 43.01 Adm 43.01 Authority. Sections 16.004 (1) and 16.957 (2) (c) and (4) (b), Stats., authorize the department to promulgate rules for non–municipal electric utility low-income assistance fees.

Adm 43.01 History History: Cr. Register, November, 2000, No. 539, eff. 12-1-00; CR 07-078: am. Register August 2008 No. 632, eff. 9-1-08.

Adm 43.02 Adm 43.02 Purpose. The purposes of this chapter are to establish the low-income assistance fee to be collected by each non–municipal electric utility from its customers, and to provide procedures for collecting that fee.

Adm 43.02 History History: Cr. Register, November, 2000, No. 539, eff. 12-1-00; CR 07-078: am. Register August 2008 No. 632, eff. 9-1-08.

Adm 43.03 Adm 43.03 Definitions. In this chapter:

Adm 43.03(2) (2) “Commission” means the public service commission.

Adm 43.03(3) (3) “Customer” means the party billed for electric services.

Adm 43.03(4) (4) “Customer class” means any grouping of electric customers in the state that is billed for electric service under the same tariff that has been approved by the Commission.

Adm 43.03(5) (5) “Department” means the department of administration.

Adm 43.03(6) (6) “Electric provider” has the meaning specified in s. 16.957 (1) (f), Stats.

Adm 43.03(7) (7) “Electric utility” has the meaning specified in s. 16.957 (1) (g), Stats.

Adm 43.03(7m) (7m) “Estimated invoiced amounts” means that portion of the low-income assistance program funding level that is approved and annually estimated by the department to be collectable by each non–municipal electric utility from its customers.

Adm 43.03(8) (8) “Fiscal year” means the period beginning on July 1 and ending on June 30.

Adm 43.03(9) (9) “Fixed charge” means a fixed amount within an electric tariff that is charged periodically to a customer without regard to energy demand or consumption.

Adm 43.03(9g) (9g) “Low-income assistance fee” means that amount determined by formula that a non-municipal electric utility allocates to and collects from a customer, and may include approved reasonable and prudent expenses.

Adm 43.03(9r) (9r) “Low-income assistance program funding level” means the total funds to be collected by all electric providers annually under s. 16.957 (4) and (5), Stats.

Adm 43.03(10) (10) “Low-income household” has the meaning set forth in s. 16.957 (1) (m), Stats.

Adm 43.03(11) (11) “Low-income need” has the meaning set forth in s. 16.957 (1) (n), Stats.

Adm 43.03(12) (12) “Municipal utility” has the meaning specified in s. 16.957 (1) (q), Stats.

Adm 43.03(13) (13) “Non-municipal electric utility” means any electric utility that is not a municipal utility.

Adm 43.03(14) (14) “Non-residential customer” means any customer in this state that receives metered electric services under a commercial or industrial tariff and that is assessed a fixed customer charge at the meter’s location.

Adm 43.03(17) (17) “Residential customer” means any customer in this state that receives metered electric services under a residential or farm tariff.

Adm 43.03(18) (18) “Retail electric cooperative” has the meaning specified in s. 16.957 (1) (t), Stats.

Adm 43.03(19) (19) “Tariff” means a rate schedule and general terms and conditions under which electric service is supplied.

Adm 43.03 History History: Cr. Register, November, 2000, No. 539, eff. 12-1-00; CR 07-078: renum. (1), (15) and (16) to be (7m), (9g) and (9r) and am. Register August 2008 No. 632, eff. 9-1-08.

Adm 43.04 Adm 43.04 Estimating low-income need data. The department shall estimate the data required to compute the low-income need annually as directed in s. 16.957 (2) (c) 5., Stats., by the following means:

Adm 43.04(1) (1) Total low-income energy bill data shall be estimated by totaling all home energy bills of all low-income households as shown by the most recent data available on or before March 1 from the department’s division of energy.

Adm 43.04(2) (2) Average annual income of low–income household data shall be estimated using the annual income of all households at or below 150% of the poverty threshold as shown by the most recent data available on or before March 1.

Adm 43.04(3) (3) The number of low–income households shall be estimated by totaling the number of households at or below 150% of the poverty threshold as shown by the most recent data available on or before March 1.

Adm 43.04 History History: Cr. Register, November, 2000, No. 539, eff. 12-1-00; CR 07-078: am. (2) and (3) Register August 2008 No. 632, eff. 9-1-08.

Adm 43.05 Adm 43.05 Establishing the low-income assistance program funding level.

Adm 43.05(1) (1) Annually on or before March 1 the department shall determine, in accordance with s. 16.957 (4) and (5), Stats., the low-income assistance program funding level for the following fiscal year.

Adm 43.05(2) (2) When establishing the low-income assistance program funding level, the department shall determine the number of residential and non–residential customers served by each electric provider based on the most recent data available on or before April 1.

Adm 43.05(3) (3) After establishing the low-income assistance program funding level, the department, using the formulas provided in s. 16.957 (4) (c) and (5), Stats., shall determine the portion of the low-income assistance program funding level that the non–municipal electric utilities shall collect each fiscal year. The department shall allocate 70% of this portion to be collected from residential customers and 30% to be collected from non–residential customers.

Adm 43.05(4) (4) After determining the residential and non-residential amounts to be collected, the department shall make a determination as to the ability to collect the full amounts as determined by the formula. The basis of the determination shall be multiplying the most recent gross sales of the non-municipal electric utilities by the cap of 3%. If the department determines that the result exceeds the non-municipal electric utility’s ability to collect, the department may reduce the amount to be collected to a level the department believes can be collected.

Adm 43.05 History History: Cr. Register, November, 2000, No. 539, eff. 12-1-00; CR 07-078: r. and recr. Register August 2008 No. 632, eff. 9-1-08.

Adm 43.06 Adm 43.06 Allocating the amount invoiced.

Adm 43.06(1) (1) The department shall annually determine the number of residential and non-residential customers for each non-municipal electric utility based upon the most recent data available on or before April 1.

Adm 43.06(2) (2) 

Adm 43.06(2)(a) (a) The department shall calculate the amount to be collected by determining a residential component and a non-residential component and adding those components together.

Adm 43.06(2)(b) (b) The residential component shall be estimated by calculating each non-municipal electric utility’s percentage of the total number of residential customers served by all non-municipal electric utilities. This percentage shall be multiplied by the amount allocated to all residential customers under s. Adm 43.05 (3).

Adm 43.06(2)(c) (c) The non-residential component shall be estimated by calculating each non-municipal electric utility’s percentage of total non-residential customers served by all non-municipal electric utilities. This percentage shall be multiplied by the amount allocated to all non-residential customers under s. Adm 43.05 (3).