Chapter PSC 185

PSC 185.33(1)(a) (a) The billing address, and service address, if different from the billing address;

PSC 185.33(1)(b) (b) The customer’s account number;

PSC 185.33(1)(c) (c) The present and last preceding meter readings;

PSC 185.33(1)(d) (d) The present and last preceding meter reading dates;

PSC 185.33(1)(e) (e) The number of units consumed;

PSC 185.33(1)(f) (f) The rate schedule under which the bill is calculated including the itemized calculations of the rate schedule component including, but not limited to, such items as customer charge, volume blocks, demand charges, minimum bills, and all other billing factors necessary for the customer to check the calculation of the bill. In lieu of including the rate schedule on the bill the utility may, whenever a rate change becomes effective and at least once a year, supply each customer with the schedule of rates at which the bills are computed and any other rates that might be applicable;

PSC 185.33(1)(g) (g) Clear itemization of the amount of the bill for the present billing period and any unpaid balance from previous billing periods including any late payment charges;

PSC 185.33(1)(h) (h) Clear itemization of other utility charges and credits.

PSC 185.33(1m) (1m) A public utility that calculates its volume charges in units of cubic feet shall include customer usage in both cubic feet and gallons on the customer bill or provide a formula for converting usage in cubic feet to gallons on the customer bill. In lieu of providing the information on the customer bill, a public utility may provide the information in a document provided to each customer under sub. (1) (f).

PSC 185.33(3) (3) Estimated bills shall be distinctly marked as such.

PSC 185.33(4) (4) Any partial payments received should be applied to the customer’s account in the following order:

PSC 185.33(4)(a) (a) Current utility service;

PSC 185.33(4)(b) (b) Current deferred payment agreement;

PSC 185.33(4)(c) (c) Utility service arrears;

PSC 185.33(4)(d) (d) Miscellaneous utility charges;

PSC 185.33(4)(e) (e) Nonutility charges (e.g., charges for municipal fees or licenses, contracted sewer billing services, or penalties levied under municipal ordinances).

PSC 185.33(5) (5) Where the billings also include charges for other utility services, including sewer service billed on a volumetric basis, payment for current service or arrears should be applied on a prorata basis.

PSC 185.33(6) (6) Upon customer request, or at the discretion of the utility, partial payments may be allocated differently than set forth above provided that such allocation does not result in a disconnection of service or the imposition of a late payment penalty which would not have occurred under the allocation methodology set forth above.

PSC 185.33(7) (7) Costs or fees incurred by and awarded to the utility by a court of law, for pursuing bill collection through other agencies, such as small claims courts, or extraordinary collection charges as allowed and specified in the utility’s tariffs filed with the commission, may be included on the utility service bill. Such tariffs shall be established on the basis of rate case proceedings or generic proceedings to establish the reasonableness of such charges.

PSC 185.33(8) (8) The commission may authorize the utility to make late payment charges to any portion of customer’s utility service bill that is not paid in full based on the order of payment application as provided in sub. (4), within 20 days following issuance of the bill. The late payment charge may be either a one-time charge as provided in sub. (9) or a monthly charge as provided in sub. (10). The utility shall receive approval from the commission of the method it desires to use and shall not change methods without commission approval.

PSC 185.33(9) (9) If the utility is authorized to make a one-time late payment charge, such charge shall comply with the following requirements:

PSC 185.33(9)(a) (a) The bill shall clearly indicate the amount of the late payment charge and the date after which the late payment charge shall be applied;

PSC 185.33(9)(b) (b) Except as provided in par. (h), late payment charges shall be applied no sooner than 20 days after the date of issuance of the bill;

PSC 185.33(9)(c) (c) The amount of the late payment charge shall be 3% of the unpaid bill, except a minimum charge of $0.50 shall apply. The utility need not calculate a late payment charge on unpaid amounts of less than $20.00, if allowed by utility tariff;

PSC 185.33(9)(d) (d) Late payment charges shall be applied to all customer classes and rate classifications;

PSC 185.33(9)(e) (e) Unless otherwise authorized by the commission the utility shall not waive any properly applied late payment charges;

PSC 185.33(9)(f) (f) A late payment charge shall be applied only once to any given amount outstanding;

PSC 185.33(9)(g) (g) If a customer disputes a bill for utility service 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 185.33(9)(h) (h) 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 185.33(10) (10) If the utility is authorized to make monthly late payment charges, such charges shall comply with the following requirements:

PSC 185.33(10)(a) (a) The amount of the charge shall be no more than one percent per month for late charges related to service provided for the utility’s residential class of customers, and shall be no more than one and one-half percent per month for late charges related to service provided for all other purposes. The amount of the charge shall be filed with and approved by the commission before it may be applied;

PSC 185.33(10)(b) (b) The late payment charge shall be applied to the total unpaid balance for utility service including unpaid late payment charges;

PSC 185.33(10)(c) (c) Except as provided in par. (h), the late payment charge shall be applied no sooner than 20 days after the date of issuance of the bill;

PSC 185.33(10)(d) (d) The late payment charge shall be applied to all customer classes and rate classifications;

PSC 185.33(10)(e) (e) If a customer disputes a bill for utility service 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 185.33(10)(f) (f) The utility shall not waive any properly applied late payment charge;

PSC 185.33(10)(g) (g) 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 uncollectible;

PSC 185.33(10)(h) (h) 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 185.33(11) (11) 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 185.33(12) (12) A delinquent amount including late payment charges covered by a deferred payment agreement shall not be subject to additional late payment charges if the customer meets the payment schedule including the current bill as required by the agreement. However, if a customer defaults on a deferred payment agreement, the amount remaining shall be subject to any applicable monthly late payment charge.

PSC 185.33(13) (13) 

PSC 185.33(13)(a) (a) If the billing period is longer or shorter than allowed by s. PSC 185.32, the bill shall be prorated on a daily basis unless other provision is made in the utility’s filed rules.

PSC 185.33(13)(b) (b) The utility may leave a meter reading form when access to a meter cannot be gained. If requested by the customer, the utility shall provide such a form. 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. Except in unusual cases, a meter reading by the customer or the utility shall be obtained after no more than 3 consecutive estimated or minimum bills have been rendered.

PSC 185.33(13)(c) (c) 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 185.33(14) (14) 

PSC 185.33(14)(a) (a) Credits due a customer because of meter inaccuracies, errors in billing, or misapplication of rates shall be shown separately and identified.

PSC 185.33(14)(b) (b) Adjustments to past bills rendered because of meter inaccuracies, errors in billing, or misapplication of rates shall be separated from the current regular billing and the charges explained in detail.

PSC 185.33(15) (15) Each bill for service shall be computed at the proper filed rate.

PSC 185.33(16) (16) A utility may offer a budget payment plan to residential customers. Any such plan shall conform to the guidelines set forth in pars. (a) through (g).

PSC 185.33(16)(a) (a) A budget payment plan tariff shall be on file with the commission, applicable only to charges for utility services under commission jurisdiction.

PSC 185.33(16)(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. If the budget period 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 185.33(16)(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 12 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 185.33(16)(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 185.33(16)(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 185.38.

PSC 185.33(16)(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 185.33(16)(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 185.33(16)(g)1. 1. A customer’s debit balance shall be paid in full or, at the customer’s option, on a deferred basis;

PSC 185.33(16)(g)2. 2. A customer’s credit balance shall be applied, at the customer’s option, against the customer’s account credited in installments to the customer’s account over the course of the next budget year, or refunded to the customer.

PSC 185.33(17) (17) An occupant, or other responsible party 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 shall 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 185.39.

PSC 185.33(19) (19) 

PSC 185.33(19)(a) (a) A utility shall pay interest on customer overpayments not refunded to the customer within 60 days of the determination by the utility or commission that refund is due, if the net amount refunded exceeds $20.00 per refund and the overpayment was made to the utility due to:

PSC 185.33(19)(a)1. 1. Meters registering fast as defined in s. PSC 185.35;

PSC 185.33(19)(a)2. 2. Billing based on a switched-meter condition where the customer was billed on the incorrect meter;

PSC 185.33(19)(a)3. 3. Misapplication of rates;

PSC 185.33(19)(a)4. 4. Other billing errors.

PSC 185.33(19)(b) (b) A utility is not required to pay interest to customers for overpayments made for:

PSC 185.33(19)(b)1. 1. Financing of service extensions or other equipment;

PSC 185.33(19)(b)2. 2. Budget payment plans;

PSC 185.33(19)(b)3. 3. Estimated bills;

PSC 185.33(19)(b)4. 4. Customer overpayments or advances.

PSC 185.33(19)(c) (c) The rate of interest to be paid shall be calculated in the same manner as provided for in s. PSC 185.36 (9) (b). Interest shall be paid from the date a refund is determined to be due until the date the overpayment is refunded. Interest shall be calculated on the net amount overpaid in each calendar year.

PSC 185.33(19)(d) (d) Nothing in this chapter 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 185.33 History History: Cr. Register, January, 1997, No. 493, eff. 2-1-97; CR 01-033: am. (10) (a) and (13) (b), renum. (18) (c) to be (18) (d), cr. (18) (c), Register October 2001 No. 550, eff. 11-1-01; correction in (19) (c) made under s. 13.93 (2m) (b) 7., Stats., Register October 2001 No. 550; CR 11-039: cr. (1m), renum. (2) to 185.22 (5) (b) Register July 2012 No. 679, eff. 8-1-12; CR 13-048: r. (18) Register July 2014 No. 703, eff. 8-1-14.

PSC 185.34 PSC 185.34 Adjustment of bills (ROM).

PSC 185.34(1) (1) Stopped rom. A stopped ROM is defined as one that has recorded zero consumption during the last meter reading period. The consumption that was measured by the base meter and not recorded by the remote register shall be backbilled as current consumption. The usage backbilled as current consumption shall not exceed the customer’s average usage per billing period based on the latest 12-months usage. Any amount greater than this usage shall be backbilled pursuant to sub. (2).

PSC 185.34(2) (2) Stopped and under-registering rom. Unrecorded ROM consumption (base meter reading less ROM reading) resulting from sub. (1) or an under-registering ROM shall be prorated from the date of the last base meter reading. Pursuant to s. 196.635, Stats., the utility may backbill for prorated amounts associated with the last 24 months.

PSC 185.34(3) (3) Over-registering rom. A ROM over registration (OM reading less base meter reading) shall be prorated from the date of the last base meter reading. The utility shall refund prorated amounts associated with the period since the meter was installed or last tested, not to exceed the last 6 years.

PSC 185.34 History History: Cr. Register, January, 1997, No. 493, eff. 2-1-97.

PSC 185.35 PSC 185.35 Adjustment of bills.

PSC 185.35(1) (1) Whenever a positive displacement meter is found upon test to have an average percent registration of more than 102 and whenever a compound or current type meter is found upon test to have an average percent registration of more than 103, a recalculation of bills for service shall be made for the period of inaccuracy assuming an inaccuracy equal to the average percent error in excess of 100.

PSC 185.35(2) (2) For the purposes of this rule, the average percent registration shall be the average percent registration for those normal test points which are within the normal test flow limits of the meter, except that the test point within the “change-over” range for compound meters shall be ignored. (For positive displacement meters the light flow test point would not be considered.)

PSC 185.35(3) (3) 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 meter was installed or last tested.

PSC 185.35(4) (4) Where a meter in service is found not to register or is found to have an average percent registration of less than 97, the utility may bill the customer for the amount the test indicates has been undercharged for the period of inaccuracy, which period shall not exceed the last 24 months the meter was in service unless otherwise authorized by the commission after investigation. No backbill shall be sanctioned if the customer has questioned the meter’s accuracy and the utility has failed within a reasonable time to check it.

PSC 185.35(5) (5) If the recalculated bills indicate that more than $5.00 is due an existing customer or $10.00 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 may be in cash or as credit on a bill. 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 6 months, refund the amount due.

PSC 185.35(6) (6) Subject to the utility’s written rules setting forth the method of determining a reduced rate, if a leak unknown to the customer is found in an appliance or the plumbing, the utility is encouraged to estimate the water wasted and bill for it at a reduced rate not less than the utility’s cost. No such adjustment shall be made for water supplied after the customer has been notified and has had an opportunity to correct the condition.

PSC 185.35(7) (7) Where, because of some deficiency in the utility’s portion of the facilities and at the request of the utility, a customer permits a stream of water to flow to prevent freezing of the service or main, the utility shall adjust the bill for the excess consumption which results.

PSC 185.35(8) (8) A record shall be kept of the number 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, upon request, be submitted to the commission.

PSC 185.35 History History: Cr. Register, January, 1997, No. 493, eff. 2-1-97.

PSC 185.36 PSC 185.36 Deposits for residential service.