Rule-Making Notices (Hearing Notices)

The proposed rule changes are slightly different for the water industry than those for the electric and gas industries, due to unique concerns about maintaining the integrity of the meters during storage. Specifically, water meters must be kept in a “wet" condition because a meter may test differently if the internal mechanism is allowed to dry out.1 Like other industries, water utilities are given the option of testing all retired meters and disposing of those that are accurate, or retaining all meters. The options are provided to give individual utilities the flexibility to make the economic choice that makes sense for them: retaining all meters or testing all meters.

1 Some members of the water industry have raised concerns that, even then, the meter may test differently since, for example, transporting the removed meter may dislodge accumulated scaling and silt.

Comparison with existing or proposed federal legislation

49 CFR 192 contains some records retention regulations for gas pipeline operators. 18 CFR 225 contains some gas records retention requirements. 18 CFR 125.3. contains some electric records retention regulations. They do not address the issue of meter retention.

Comparison with similar rules in surrounding states

This rulemaking was opened after the commission dealt with a number of situations in which a customer had requested an accuracy test of a meter, but then the meter was thrown away before a second, commission-refereed test could be requested and performed. The approach is to require that a meter be retained for a period of time after an initial test to ensure that it is available for a follow-up test, should one be requested. This rulemaking involves three types of utility service: gas, electric and water.

Although surrounding states anecdotally report at least some of the same problems experienced by this commission, none of them have rules that specify time periods for which meters must be retained. However, Iowa does advise utilities to keep meters until the time for an appeal has passed, especially if a referee test is performed. Further, when the Iowa Utilities Board issues orders granting waivers from meter testing requirements, it requires the utility to hold the meters for 120 days before disposing of them.

Retention periods for meter testing records vary among surrounding states, although the general format is the same. Records from an individual meter test must be retained for a period of time after the results are recorded in a history record that contains a wide variety of information about a particular meter, including all of the test results for that meter. That history record is retained for a longer period of time. The proposed rule requires utilities to retain an individual test record until it is recorded in the meter history record and the meter is tested again. The meter history record must be kept for the life of the meter, plus six years. Six years was chosen because it is the general statute of limitations for consumer issues. This retention period will help ensure that appropriate records remain available should an issue arise during that time.

Minnesota, Iowa and Illinois require that initial test records be kept for at least three years, while Michigan requires that they be kept for at least two years. In Minnesota, such records must be kept longer if necessary to permit compliance with commission rules. In Michigan, they must be kept longer if necessary to comply with rules regarding refunds on fast meters. In Illinois, meter history records need only be kept for three years. In Michigan and Minnesota, they must be kept for the life of the meter.

Effect on small business

The s. 227.114 (1), Stats., definition of “small business" states that to be considered a small business, the business must not be dominant in its field. Since they are monopolies in their service territories, gas, electric and water utilities are dominant in their fields, and so, are not small businesses.

Initial Regulatory Flexibility Analysis

This rule will not affect small businesses. The s. 227.114 (12), Stats., definition of “small business" states that to be considered a small business, the business must not be dominant in its field. Since gas, electric and water utilities are monopolies in their service territories, they are dominant in their fields, and so, are not small businesses.

Fiscal Estimate

An Economic Impact Analysis is included.

Agency Contact Person

Questions regarding this rule should be directed to Docket Coordinator Joyce Mahan Dingman at [phone], or via e-mail at [e-mail]. Small business questions may be directed to Anne Vandervort at [phone], or via e-mail at [e-mail]. Media questions should be directed to Matt Pagel, Acting Communication Director, at [phone]. Hearing- or speech-impaired individuals may also use the Commission's TTY number: if calling from Wisconsin, [phone]; if calling from outside Wisconsin, [phone].

Text of Proposed Rule

SECTION 1. PSC 113.0614 is amended to read:

PSC 113.0614 Preservation of records. The A utility shall preserve the following records shall be preserved in a readable format and kept keep them available for inspection by the commission for the periods indicated. The list is not to be taken as comprehending a complete list of all types of utility records.

Description of Records	Period to be Retained
(1) Maps showing the location and physical characteristics of existing facilities	Perpetually
(2) Engineering records in connection with construction projects if construction of projects results wholly or in part	Until record is superseded or 6 years after plant is retired
Production Records:
(3) Station and system generation records	Permanently
(4) All other records taken in the plant	6 years
Operating Records:
(5) Load dispatcher data	6 years
(6) Interruption records	6 years
(7) Meter test records Note that if meter test records are being used as meter history records under PSC 113.0919 (2) (b), the meter test records must be preserved for the time period required for meter history records.	See PSC 113.0919 Until the information in the meter test record is entered in the meter history record and the meter is tested again
(8) Meter history records	Life of meter plus 6 years
(9) Annual meter accuracy summary	16 6 years
(10) Results of test made when a meter is retired (11) Voltmeter records	6 years See PSC 113.0706 (5)
(12) All other records of operation	6 years
Equipment Records:
(13) Must be placed in mortality study before destroying	Life of equipment
Customers' Records:
(14) Inspection of customers' premises	6 years
(15) Customers' complaint record	6 years
(16) Meter reading sheets records	* years 6 years
(17) Billing record	* years 6 years
(18) Customer deposits	6 years after refund
(19) Filed rates and rules	Permanently

Note: See also “Regulations to Govern the Preservation of Records of Electric, Gas and Water Utilities" adopted by the commission in dockets 2-U-5005 and 2-U-5396, May 4, 1972, for more comprehensive listing of retention periods of specific records.

*Where machine billing is used and meter readings recorded on tabulating cards the register sheets may be considered the “meter reading sheets" and the “billing records." “Meter reading sheets" and “billing records" or the “register sheets" shall be kept 6 years or until they are no longer needed to adjust bills. This means that the records must be kept 6 years or from the date of one meter test to the next whichever is longer.

SECTION 2. PSC 113.0919 (1) (title) is created to read:

PSC 113.0919 (1) (title) Meter test records.

SECTION 3. PSC 113.0919 (1) is repealed and recreated to read:

PSC 113.0919 (1) A utility shall create a record of a test whenever a unit of metering equipment is tested. If the unit is tested again, the utility need not retain the previous test record once the information in that record has been entered in the meter history record. The meter test record shall include all of the following:

(a) Information to identify the unit of metering equipment.

(b) The location of the unit of metering equipment.

(c) The equipment with which the unit of metering equipment is associated.

(d) The date of the test.

(e) The reason for the test.

(f) A statement of “as found" accuracies.

(g) A statement of “as left" accuracies, when applicable.

(h) The name of the person making the test.

(i) The readings before and after the test.

(j) A statement as to whether or not the unit of metering equipment “creeps" and in case of creeping, all of the following:

1. The rate.

2. A statement of “as found" and “as left" accuracies sufficiently complete to permit checking of the calculations employed.

3. Indications showing that all required checks have been made.

4. A statement of repairs made, if any.

5. Identification of the testing standard.

SECTION 4. PSC 113.0919 (2) (title) is created to read:

PSC 113.0919 (2) (title) Meter history records.

SECTION 5. PSC 113.0919 (2) is repealed and recreated to read:

PSC 113.0919 (2) (a) Each utility shall keep a history record for each unit of metering equipment showing all of the following:

1. The date the unit was purchased.

2. The unit's cost.

3. Information identifying the unit.

4. Equipment associated with the unit.

5. The unit's essential name-plate data.

6. Dates of the last 2 tests.

7. Results of the last “as found" and “as left" tests, unless separate records are kept of each test for each unit.

8. Locations where the unit has been installed, with dates of installation and removal.

(b) If the information in par. (a) is kept in combination with the meter test record required by sub. (1) and meter test records are kept for the time period required for meter history records, a separate history record is not required.

SECTION 6. PSC 113.0919 (3) (title) and (4) (title) are created to read:

PSC 113.0919 (3) Statistical sampling summaries.

PSC 113.0919 (4) Computerized meter record system.

SECTION 7. PSC 113.0921 (1) (e) and (f) are amended to read:

PSC 113.0921 (1) (e) A lot shall be deemed unacceptable and rejected for continued use if the total estimated percent defective (P) is greater than or equal to the appropriate maximum allowable percent defective (M) as determined from Table B-3, page 45 MIL-STD-414, following the procedure of par. (c) for both the full load and light load analysis test points at the respective designated Acceptable Quality Levels on any 2 annual sample testing analysis years within a five-year period for the lot or any meters in the lot. All meters in a rejected lot shall be provided with an appropriate test within a period of 48 months from the date of completion of the sample analysis and all the meters tested in the rejected lot shall be adjusted to the accuracies specified in s. PSC 113.0811 (1) (c). All meters in a rejected lot that will not be returned to service shall be removed within 48 months from the date of completion of the sample analysis. These meters may be retired without a test. Annual statistical sample testing shall be terminated during the period when all of the meters in a rejected lot are being provided with a test and, unless the meter must be retained under s. PSC 113.0922 (3), an accuracy adjustment.

(f) All meters in any lot may be tested and, unless the meter must be retained under s. PSC 113.0922 (3), adjusted for proper accuracy over a 48-month period at the discretion of the utility without a sample analysis determination specifying the lot test is necessary.

SECTION 8. PSC 113.0921 (1) (g) is repealed.

SECTION 9. PSC 113.0922 (title) is amended to read:

PSC 113.0922 (title) Customer request test and commission referee tests.

SECTION 10. PSC 113.0922 (1) (title) is created to read:

PSC 113.0922 (1) (title) Customer request test.

SECTION 11. PSC 113.0922 (3) is created to read:

PSC 113.0922 (3) Meter retention. (a) After a customer requested test. When a utility performs a customer requested test on a customer's meter under sub. (1) or when the commission requests that a meter be tested, the utility shall keep the tested meter, in “as tested" condition, at a designated location on the utility's premises for at least one full billing period plus 4 weeks after the test result report is issued so that the meter is available should another meter test be requested. If the meter tests as accurate, the utility may choose to keep the tested meter installed at the customer's premises for the designated time period rather than storing it at the utility's premises.

(b) After a referee test. When a utility performs a referee test on a customer's meter under sub. (2), the utility shall keep the tested meter, in “as tested" condition, at a designated location on the utility's premises for at least 10 business days after the test result report is issued so that the meter is available should further testing or review be needed. If the meter tests as accurate, the utility may choose to keep the tested meter installed at the customer's premises for the designated time period rather than storing it at the utility's premises.

(c) When performing other tests. When a utility tests a customer's meter for a reason other than those in subs. (1) or (2), and the test results in back billing or a credit, the utility shall keep the tested meter, in “as tested" condition, at a designated location on the utility's premises for at least one full billing period plus 4 weeks after the back billing or credit is issued so that the meter is available should another meter test be requested. If a customer requests that the meter be retested, the utility shall keep the retested meter, in “as tested" condition, at a designated location on the utility's premises for at least 10 business days after the retest is completed and a written report about that test has been issued.

(d) When a complaint or dispute occurs. When a utility receives a complaint under s. PSC 113.0610 or is notified about a dispute under s. PSC 113.0407 involving a meter-related issue, the utility shall keep the meter, in “as tested" condition, at a designated location on the utility's premises for at least one full billing period plus four weeks after the complaint or dispute and any appeal of that dispute is resolved so that the meter is available should testing be requested. If the meter was tested during the complaint or dispute process, and it tested as accurate, the utility may choose to keep the tested meter installed at the customer's premises for the designated time period rather than storing it at the utility's premises.

(e) When a meter is retired. When a utility retires a meter from service and test results indicate that no back billing or credit is due a customer, the utility may dispose of the meter immediately. When a utility retires a meter from service without testing it, the utility shall keep the meter, in “as found" condition, at a designated location on the utility's premises for at least one full billing plus 4 weeks after it is retired so that the meter is available should a meter test be requested.

SECTION 12. PSC 113.0922 (6) is created to read:

PSC 113.0922 (6) Records retention requirements . A utility shall keep the complete, original record from any test under this section on file for the time period specified in s. PSC 113.0614.

SECTION 13. PSC 113.0923 and title are renumbered PSC 113.0922 (2) and (title).

SECTION 14. PSC 134.19 (1) (title) is created to read:

PSC 134.19 (1) (title) Meter test records.

SECTION 15. PSC 134.19 (1) is repealed and recreated to read:

PSC 134.19 (1) (a) A utility shall create a record of a meter test whenever a meter is tested. If the meter is tested again, the utility need not retain the previous test record once the information in that record has been entered in the meter history record. The meter test record shall include all of the following:

1. Information identifying the meter.

2. The reason for making the test.

3. The reading of the meter before it was removed from service.

4. The accuracy of measurement.

5. All the data that was taken at the time of the test.

(b) The meter test record must be sufficiently complete to permit convenient checking of the methods and calculations that have been employed.

SECTION 16. PSC 134.19 (2) (title) is created to read:

PSC 134.19 (2) (title) Meter history records.

SECTION 17. PSC 134.19 (2) is repealed and recreated to read:

PSC 134.19 (2) (a) The utility shall keep a meter history record which indicates all of the following:

1. The date the meter was purchased.