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 s. PSC 113.0406 (4)
Billing based on a switched meter condition, where the customer was on the incorrect meter.
A utility is not required to pay interest to customer for overpayments made for:
Estimated bills, if the utility made a reasonable effort to obtain access. Reasonable efforts to gain access means that the utility has notified the customer after 3 consecutive estimated readings that the utility will read the meter at other than standard business hours at the customer's request.
Receipt of lump sum payments made from an outside source as the Low Income Home Energy Assistance Program or other like programs.
The rate of interest to be paid shall be calculated in the same manner as provided for in s. PSC 113.0402 (9) (b)
. Interest shall be paid from the date when the customer overpayment occurred until the date when the overpayment is refunded. Interest will be calculated on the net amount overpaid in each calendar year.
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 113.0406 History
Cr. Register, July, 2000, No. 535
, eff. 8-1-00; CR 13-048
: r. (7) Register July 2014 No. 703
, eff. 8-1-14.
Whenever the customer disputes the utility's request for a deposit or other guarantee, or advises the utility's designated office that all or any part of any billing as rendered is in dispute, or that any matter related to the disconnection or refusal of service is in dispute, the utility shall:
Provide the opportunity for the residential customer to enter into a deferred payment agreement under s. PSC 113.0404
when applicable in order to resolve the dispute.
When a utility designates an agent to handle disputes and inquiries and when the agent refuses or fails to adequately address the disputes and inquiries, upon complaint or other indicator of such refusal or failure, the dispute resolution responsibility required under this section reverts to the utility.
When utility payments are made electronically or through vendors, credit cards, or other third party and when these third parties have a contractual relationship with the utility, the dispute/inquiry resolution responsibility remains with the utility.
After the customer has pursued the available remedies with the utility, he or she may request that the public service commission staff informally review the disputed issue and recommend terms of settlement.
A customer's request for informal review may be made in any reasonable manner such as by written request or telephoned request directed to the public service commission. By telephone or written request the public service commission staff may request the utility to investigate the dispute.
The utility shall designate employees for responding to commission complaints who are readily available and have an appropriate and sufficient authority level for investigating concerns raised by the commission and its staff. Utilities shall promptly inform the commission of any changes in these designations. A utility shall respond to public service commission staff's request for an investigation by contacting the complainant within 48 hours for most circumstances, or 4 hours in an emergency situation and by providing a response to the commission within 10 business days. Staff may extend this time period if the utility requests more time to complete its investigation. Based on information provided by the utility and the customer, public service commission staff shall make an informal determination for settlement of the dispute and communicate that determination to both by telephone or mail. Either party to the dispute may request and receive the public service commission staff determination and the basis for it, in writing. Commission staff shall inform any customer disputing an informal determination of the right to pursue a formal review. Staff shall include any information or arguments that the customer believes the commission should consider.
There shall be at least 7 days between the date the public service commission staff telephones or mails written notice of terms of settlement after informal review and any subsequent disconnection.
After informal review, any party to the dispute may make a written request for a formal review by the commission itself. To avoid disconnection pending a formal review, the customer must request a formal review by the commission, in writing, within 7 days of the issue of the informal determination. All other requests for formal review shall be made within 30 days of the date the commission staff telephones or mails written confirmation if the staff telephone notice is requested and mailed, the 30 day period begins from the date of that mailing.
Within 7 days of receiving a request for formal review in a dispute involving a pending disconnection of service, the commission shall make a determination whether to grant the request for formal review. The commission shall base its determination on the request for formal review and commission staff's informal complaint file. Within 35 days from the time that all other requests for formal review are made, commission staff shall provide the commission with a memorandum based on the information it has received from the utility and the customer. A copy of the commission staff memorandum shall be provided to the parties 15 days prior to consideration by the commission. Either party to the complaint may file a response to the commission staff's memorandum. These comments shall be filed with the commission 2 working days prior to the date scheduled for consideration by the commission. The commission shall inform both parties of its decision.
Either party to the complaint may request that the commission reconsider its formal determination under this section. Such requests shall comply with s. 227.49
, Stats. and must be received by the commission within 20 days of mailing of the commission's determination. A request for reconsideration shall include any additional information or arguments that the party believes were not considered in the original complaint. The commission may review and reaffirm its original decision, issue a new decision, or decide to hold hearing on the matter for the gathering of additional information.
If the commission decides to conduct formal hearing under sub. (5)
on the dispute, the commission may condition the terms of its granting a formal hearing. Failure to met these conditions before hearing shall constitute waiver of the dispute by the customer.
Any such hearing shall be held not less than 10 days following a notice of hearing and a decision thereon shall be rendered following the conclusion of the hearing.
Utility service shall not be disconnected or refused because of any disputed matter while the disputed matter is being pursued in accordance with the provisions of this section. The utility shall inform the customer that pursuing a disputed matter does not relieve the customer or the obligation of paying charges which are not in dispute, or prevent disconnection of service for nonpayment of undisputed charges.
PSC 113.0407 History
Cr. Register, July, 2000, No. 535
, eff. 8-1-00.
PSC 113.0408 Application for residential service. PSC 113.0408(1)(1)
For purposes of this section, “written" or “in writing" means legibly printed on paper or, with the intended recipient's permission, legibly printed in an electronic form that the recipient can electronically store and retrieve for future reference.
A utility may require a verbal or written application for residential service. The utility shall establish a written policy for when a written application is required. A utility may accept an application for service from a person other than the user or potential user of service.
Except as provided in par. (d)
and sub. (3)
, a utility may only require that an applicant provide the following information in an application:
Legal name and birthdate of the user of service and the person responsible for bill payment, if different than the user.
If the user of service has telephone service, the telephone number of the user of service. If the person responsible for bill payment is different than the user and the person responsible for bill payment has telephone service, the utility may also require the telephone number of the person responsible for bill payment. Lack of telephone service is not grounds for service refusal.
A utility shall accept any of the following items as adequate initial identification data, although it may accept other forms of identification:
If a utility requests the initial identification data under subd. 2.
, it shall inform the applicant of all acceptable forms of initial identification data and allow the applicant to choose which the applicant wishes to provide.
If a utility determines that an applicant's response under par. (c) 1. a.
indicates that additional information is necessary to further evaluate the applicant's credit history or identity, the utility may require the applicant's addresses for the past 6 years as part of its application for service. Each utility shall establish a written policy for requesting the application information under this paragraph.
A utility may request information other than that listed in pars. (c)
, but before requesting it the utility shall inform the applicant that providing that information is optional.
PSC 113.0408 Note
See sub. (3) (a) about what can be required if an applicant refuses to provide the initial identification data under s. PSC 113.0408 (2) (c) 1. g.
A utility may require verification of the initial identification data or the residency, or both, of the person responsible for bill payment under any of the following circumstances:
The application is for service at a premises where a bill remains unpaid for service provided within the previous 24 months.
The person responsible for bill payment has an outstanding bill with the utility but claims that the bill was accrued in the person's name as a result of identity theft.
The applicant fails to provide the initial identification data under sub. (2) (c) 1. g.
or the utility finds, with reasonable certainty, that the initial identification information is inaccurate.
A utility shall establish a written policy for when it will require verification of identity or residency under par. (a)
A utility shall accept any of the following items as adequate verification of identity, although it may accept other forms of verification:
Valid driver's license or other photo identification issued by a state, U.S., or tribal governmental entity.
Current employee photo identification card that includes information, such as the employer's telephone number or address, which can be used for verification purposes.
Letter of identification from a social service agency or employer that includes information, such as the agency or employer's telephone number or address, which can be used for verification purposes.
A utility shall accept any one of the following items as adequate verification of an applicant's residency, although it may accept other forms of verification:
Current paycheck or pay stub showing the applicant's name and address, and the employer's name.
A utility may require an applicant to provide information that may be used for verification purposes, such as a telephone number or address, if the applicant submits one of the items in subd. 1. b.
, or f.
to the utility.
If a request for verification of identity or residency is based on par. (a) 2.
, the utility may require that the applicant provide the information in s. 196.23 (1)