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. 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.
5. Summary of Factual Data and Analytical Methodologies Used
The commission relied on its own experiences with metering disputes, the experiences of its consumer protection division, communication with other states and data provided by the industry.
6. 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. 7. Agency Contacts
Questions regarding this matter should be directed to docket coordinator Joyce Dingman at (608) 267-6919 or joyce.dingman@wisconsin.gov. Small business questions may be directed to Christine Swailes at (608) 266-8776, or via e-mail at Christine.swailes@wisconsin.gov. Media questions should be directed to Nathan Conrad, Communications Director, at (608) 267-9600. Hearing- or speech-impaired individuals may also use the commission’s TTY number. If calling from Wisconsin, use (800) 251-8345; if calling from outside Wisconsin, use (608) 267-1479. 8. Accommodation
The commission does not discriminate on the basis of disability in the provision of programs, services, or employment. Any person with a disability who needs to receive this document in a different format should contact the docket coordinator, as indicated in the following paragraph, as soon as possible.
C. FISCAL ESTIMATE AND ECONOMIC IMPACT ANALYSIS
The Fiscal Estimate and Economic Impact Analysis for this rulemaking is included in Attachment A4.
D. BASIS AND PURPOSE OF RULES
This rule establishes retention periods for meter test records. It also ensures that meters remain available for a reasonable period of time for subsequent testing, if necessary, to resolve a customer dispute or metering issue. Further, it ensures that utility-tested and referee-tested meters are retained long enough that they are available should further testing or review be needed.
E. SUMMARY OF PUBLIC COMMENTS AND COMMISSION RESPONSES
The summary of public comments and commission responses for this rulemaking is included in Attachment A2.
F. Appearances at Public Hearing
William Skewes for the Wisconsin Utilities Association appeared at the public hearing but did not testify. The following filed written comments:
William Skewes, Executive Director, Wisconsin Utilities Association
James A. Schubilske, Vice President, State Regulatory Affairs, Wisconsin Electric Power Company
Nicolas E. Kumm, Electric, Communications, & Gas Manager, Marshfield Utilities
Daniel Duchniak,Waukesha Water Utility
Julie Bohen, Watertown
Kelly Zylstra, Waukesha
Valerie Kraemer, Oconomowoc
Earl Smith, Milwaukee Water Works
Sen. Paul Farrow, Chair Senate Committee on Government Operations, Public Works and Telecommunications
Municipal Environmental Group - Water Division (MEG)
Filing in support of MEG comments:
Lori Sweet, Waukesha Water Utility Chris Hardy, Administrator, Winneconne Lake Como Sanitary District David Botts, Janesville
Scott Osborne, Oconomowoc Jerry Weisnicht, Administrator, Shawano Lake Sanitary Dist.
Keith Haas, Racine Steve Berndt, Public Works, Bonduel
Mark Simon, Brookfield Amy Barrilleaux, Madison Water Utility Deb Geier, Wausau Water Works Wally Thorn, Rice Lake Utilities
Frank Miller, Cudahy Water Utility Dan Knapp, Dir. Pub. Works, Chetek
Travis Coenen, Super. Public Works, Wrightstown Raymond Hyde, Pub. Works, Dir., Ashland Chris Stempa, Dept of Utils, Appleton Donna Scholl, Oconomowoc
Randy Kerkman, Bristol Edward St. Peter, Kenosha Water Util.
Keith Mueller, Comptroller, Green Bay Water Utility Daniel Duchniak, Franklin
G. ANY CHANGES TO THE FISCAL ESTIMATE OR THE ANALYSIS UNDER s. 227.14 (2), STATS.
None.
H. RESPONSE TO LEGISLATIVE COUNCIL COMMENTS
A copy of the report from the Legislative Council is included as Attachment A3.
2. Form, Style and Placement in Administrative Code
a. Agree. Changes made.
b. Agree. Changes made.
c. Agree. Change made.
d. Agree. Change made.
e. Agree. Change made.
f. Agree. Change made.
g. Agree. Change made.
h. Agree. Change made.
i. Agree. Change made.
j. Agree. Change made.
k. Disagree. Since there is only one definition, the format used is appropriate.
l. Agree. Change made.
3. Clarity, Grammar, Punctuation and Use of Plain Language
a. Agree. Change made.
b. Disagree. These are terms of art that have been in the rules, undefined, for many years.
c. Agree. Change made.
I. MISCELLANEOUS DETERMINATIONS
The commission’s WEPA coordinator examined whether the rules have an environmental impact and concluded that they do not. Commission staff also considered whether the rule will directly or substantially impact housing under s. 227.115, Stats., and concluded that it will not. Attachment A1
TEXT OF RULES
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 |
(3) Station and system generation records | Permanently |
(4) All other records taken in the plant | 6 years |
(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) Voltmeter records | 2 years or until replaced by more recent records |
(11) All other records of operation | 6 years |
(12) Must be placed in mortality study before destroying | Life of equipment |
(13) Inspection of customers’ premises | 6 years |
(14) Customers’ complaint record | 6 years after complaint is resolved |
(15) Meter reading sheets records used for billing | * years 6 years |
(16) Billing record | * years 6 years |
(17) Customer deposits | 6 years after refund |
(18) 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.
