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).

Adm 43.06(2)(d) (d) In cooperation with the non–municipal electric utilities, the department may adjust the estimated residential component to minimize any inequities resulting from the application of the restrictions in s. 16.957 (4) (c) 3., Stats., in order to produce a more uniform low-income assistance fee. The adjustment process may change the amount of the residential component allocated to a non–municipal electric utility, but shall not change the total residential component.

Adm 43.06(2)(e) (e) In cooperation with the non–municipal electric utilities, the department may adjust the estimated non–residential component to minimize any inequities resulting from the application of the restrictions in s. 16.957 (4) (c) 3., Stats., in order to produce a more uniform low-income assistance fee. The adjustment process may change the amount of the non–residential component allocated to a non–municipal electric utility, but shall not change the total non–residential component.

Adm 43.06(3) (3) The department shall provide all calculations and related information in writing to each non–municipal electric utility in the form of a single annual notification on or before May 15. This documentation shall include an itemization of the residential and non–residential components based on the proportions prescribed in s. 16.957 (4) (b) 2., Stats.

Adm 43.06 History History: Cr. Register, November, 2000, No. 539, eff. 12-1-00; CR 07-078: am. (1), (2) (a), (d), (e) and (3) Register August 2008 No. 632, eff. 9-1-08.

Adm 43.07 Adm 43.07 Collecting the low-income assistance fee.

Adm 43.07(1) (1) Deadlines. The department may, at its discretion, modify any deadlines contained in this rule upon notification to the appropriate affected parties.

Adm 43.07(2) (2) Collection plan. On or before June 1, each individual non–municipal electric utility shall submit a collection plan and supporting documentation to the department for collecting the following fiscal year’s amount invoiced and for recovering reasonable and prudent expenses. The low-income assistance fee collection plan shall be based on the calculations and related information provided by the department under s. Adm 43.06. Each non–municipal electric utility shall submit documentation that demonstrates its implementation plan and a budget of expenses necessary to comply with the requirements in s. Adm 43.09.

Adm 43.07(3) (3) Charges billed. Each customer bill that includes a low-income assistance fee shall identify the low-income assistance fee as a “state low-income assistance fee.” All charges relating to the cost of supplying electric service to a residential or non–residential customer shall constitute the basis for calculating the limit on customer bill increases specified in s. 16.957 (4) (c) 3., Stats.

Adm 43.07(4) (4) Equitable allocation. Each non–municipal electric utility shall submit documentation with its low-income assistance fee collection plan that demonstrates that the amounts of the low-income assistance fee it intends to bill its residential and non–residential customers equitably allocates the amount constituting the residential component among its residential customer classes, and the amount constituting the non–residential component among its non–residential customer classes. The amount of the low-income assistance fee may vary between customer classes, but shall be uniform within a customer class, except for variations due to the maximum bill increase restrictions in s. 16.957 (4) (c) 3., Stats.

Adm 43.07(5) (5) Request for rebate. A customer that pays one or more bills to a single non–municipal electric utility for meters located within that utility’s service territory, may present documentation to and request relief from that non–municipal electric utility if the low-income assistance fees paid by the customer within that utility’s service territory, when aggregated by the customer, exceed $750 in any month. The non–municipal electric utility shall rebate that portion of the low-income assistance fee that exceeds $750 in any month. Any amount so rebated to a customer under this provision shall be treated as an under–collection for purposes of s. Adm 43.08 (3).

Adm 43.07(6) (6) Department review. On or before June 10, the department shall approve, modify, or deny each proposed collection plan and notify each non–municipal electric utility accordingly. The department shall provide reasons for a denial or modification in writing. A non–municipal electric utility may protest a denial or modification of its collection plan under the procedures set forth in s. Adm 43.12.

Adm 43.07(7) (7) Plan implementation. Each non–municipal electric utility shall implement an approved or modified low-income assistance fee collection plan at the start of the first monthly or periodic billing cycle of the following fiscal year. A modified collection plan shall be implemented even if a protest has been filed under s. Adm 43.12.

Adm 43.07(8) (8) Department denial.

Adm 43.07(8)(a) (a) If the department denies a proposed low-income assistance fee collection plan, the non–municipal electric utility shall resubmit a collection plan to the department on or before June 20 for the department’s approval even if a protest has been filed under s. Adm 43.12. A resubmitted collection plan must address all comments and suggestions provided by the department in its denial.