Section 113.0404. Deferred payment agreement.

 

(1)  The utility is required to offer deferred payment agreements only to residential accounts and may offer such agreements to other customers.

(2)  Every deferred payment agreement entered into due to the customer's inability to pay the outstanding bill in full shall provide that service will not be discontinued if the customer pays a reasonable amount of the outstanding bill and agrees to pay a remaining outstanding balance in installments.

(3)  For purposes of determining reasonableness in sub. (2) , the parties shall consider the customer's ability to pay, including the following factors:

(a) Size of the delinquent account.

(b) Customer's payment history.

(c) Time that the debt has been outstanding.

(d) Reasons why debt has been outstanding.

(e) Any other relevant factors concerning the circumstances of the customer, such as household size, income and expenses.

(4)  A utility may require a written deferred payment agreement with the customer's signature. A written agreement offered by a utility shall state immediately preceding the space provided for the customer's signature in at least 12-point boldface print,

"RIGHT OF APPEAL

• If you are not satisfied with this agreement, DO NOT SIGN IT.

• You have the right to suggest a different payment agreement.

• If you and the utility can not agree on terms, you can ask the public service commission to review the disputed issues.

• If you sign this agreement, you agree that you owe the amount due under the agreement.

• Signing this agreement does not affect your responsibility to pay for your current service."

A utility that does not require a written deferred payment agreement shall communicate to the customer all points listed above except for the signature when making the arrangement with the customer. A utility must send written confirmation of a deferred payment agreement upon customer request. The commission may require a utility to use written deferred payment agreements.

(5)  A delinquent amount covered by a deferred payment agreement shall not be subject to a late payment charge if the customer meets the payment schedule required by the agreement.

(6)  A special payment agreement entered into by the customer and the utility through the utility's early identification program shall be given the force and effect of a deferred payment agreement for purposes of late payment charges.

(7)  If a utility customer has not fulfilled the terms of a deferred payment agreement and there has not been a significant change in the customer's ability to pay since the agreement was negotiated, the utility may disconnect utility service pursuant to disconnection of service rules, ss. PSC 113.0301 and 113.0304 and shall not be required to negotiate a subsequent deferred payment agreement prior to disconnection.

(8)  Payments made by a customer in compliance with a deferred payment agreement shall first be considered made in payment of the previous account balance with any remainder credited to the current bill.

(9)  If a deferred payment agreement cannot be reached because the customer's offer is unacceptable to the utility, the utility shall inform the customer in writing why the customer's offer was not acceptable.

Cr. Register, July, 2000, No. 535 , eff. 8-1-00.