Section 185.33. Billing.

 

(1)  For each bill provided by the utility, the customer's receipt shall show for each meter the following information:

(a) The billing address, and service address, if different from the billing address;

(b) The customer's account number;

(c) The present and last preceding meter readings;

(d) The present and last preceding meter reading dates;

(e) The number of units consumed;

(f) The rate schedule under which the bill is calculated including the itemized calculations of the rate schedule component including, but not limited to, such items as customer charge, volume blocks, demand charges, minimum bills, and all other billing factors necessary for the customer to check the calculation of the bill. In lieu of including the rate schedule on the bill the utility may, whenever a rate change becomes effective and at least once a year, supply each customer with the schedule of rates at which the bills are computed and any other rates that might be applicable;

(g) Clear itemization of the amount of the bill for the present billing period and any unpaid balance from previous billing periods including any late payment charges;

(h) Clear itemization of other utility charges and credits.

(1m)  A public utility that calculates its volume charges in units of cubic feet shall include customer usage in both cubic feet and gallons on the customer bill or provide a formula for converting usage in cubic feet to gallons on the customer bill. In lieu of providing the information on the customer bill, a public utility may provide the information in a document provided to each customer under sub. (1) (f) .

(3)  Estimated bills shall be distinctly marked as such.

(4)  Any partial payments received should be applied to the customer's account in the following order:

(a) Current utility service;

(b) Current deferred payment agreement;

(c) Utility service arrears;

(d) Miscellaneous utility charges;

(e) Nonutility charges (e.g., charges for municipal fees or licenses, contracted sewer billing services, or penalties levied under municipal ordinances).

(5)  Where the billings also include charges for other utility services, including sewer service billed on a volumetric basis, payment for current service or arrears should be applied on a prorata basis.

(6)  Upon customer request, or at the discretion of the utility, partial payments may be allocated differently than set forth above provided that such allocation does not result in a disconnection of service or the imposition of a late payment penalty which would not have occurred under the allocation methodology set forth above.

(7)  Costs or fees incurred by and awarded to the utility by a court of law, for pursuing bill collection through other agencies, such as small claims courts, or extraordinary collection charges as allowed and specified in the utility's tariffs filed with the commission, may be included on the utility service bill. Such tariffs shall be established on the basis of rate case proceedings or generic proceedings to establish the reasonableness of such charges.

(8)  The commission may authorize the utility to make late payment charges to any portion of customer's utility service bill that is not paid in full based on the order of payment application as provided in sub. (4) , within 20 days following issuance of the bill. The late payment charge may be either a one-time charge as provided in sub. (9) or a monthly charge as provided in sub. (10) . The utility shall receive approval from the commission of the method it desires to use and shall not change methods without commission approval.

(9)  If the utility is authorized to make a one-time late payment charge, such charge shall comply with the following requirements:

(a) The bill shall clearly indicate the amount of the late payment charge and the date after which the late payment charge shall be applied;

(b) Except as provided in par. (h) , late payment charges shall be applied no sooner than 20 days after the date of issuance of the bill;

(c) The amount of the late payment charge shall be 3% of the unpaid bill, except a minimum charge of $0.50 shall apply. The utility need not calculate a late payment charge on unpaid amounts of less than $20.00, if allowed by utility tariff;

(d) Late payment charges shall be applied to all customer classes and rate classifications;

(e) Unless otherwise authorized by the commission the utility shall not waive any properly applied late payment charges;

(f) A late payment charge shall be applied only once to any given amount outstanding;

(g) If a customer disputes a bill for utility service and does not pay the disputed bill in full within 20 days following issuance of the bill, the late payment charge shall be applied only to that portion of the disputed bill later found to be correct and payable to the utility;

(h) Bills issued for utility service previously unbilled because of meter diversion or tampering with the proper metering of the account may include a late payment charge when issued.

(10)  If the utility is authorized to make monthly late payment charges, such charges shall comply with the following requirements:

(a) The amount of the charge shall be no more than one percent per month for late charges related to service provided for the utility's residential class of customers, and shall be no more than one and one-half percent per month for late charges related to service provided for all other purposes. The amount of the charge shall be filed with and approved by the commission before it may be applied;

(b) The late payment charge shall be applied to the total unpaid balance for utility service including unpaid late payment charges;

(c) Except as provided in par. (h) , the late payment charge shall be applied no sooner than 20 days after the date of issuance of the bill;

(d) The late payment charge shall be applied to all customer classes and rate classifications;

(e) If a customer disputes a bill for utility service and does not pay the disputed bill in full within 20 days following issuance of the bill, the late payment charge shall be applied only to that portion of the disputed bill later found to be correct and payable to the utility;

(f) The utility shall not waive any properly applied late payment charge;

(g) No additional late payment charge may be applied to a delinquent account for utility service after the date on which the delinquent account was written off by the utility as uncollectible;

(h) Bills issued for utility service that was previously unbilled because of meter diversion or tampering with the proper metering of the account may include a late payment charge when issued. The late payment charge may be applied from the estimated date that the diversion or tampering began.

(11)  If a utility changes the type of late payment charge, or initiates a late payment charge, the new charge shall apply only to utility service provided after the effective date of the change or initiation.

(12)  A delinquent amount including late payment charges covered by a deferred payment agreement shall not be subject to additional late payment charges if the customer meets the payment schedule including the current bill as required by the agreement. However, if a customer defaults on a deferred payment agreement, the amount remaining shall be subject to any applicable monthly late payment charge.

(13)  

(a) If the billing period is longer or shorter than allowed by s. PSC 185.32 , the bill shall be prorated on a daily basis unless other provision is made in the utility's filed rules.

(b) The utility may leave a meter reading form when access to a meter cannot be gained. If requested by the customer, the utility shall provide such a form. If no form is left on the premises, or if the form is not returned in time to be processed in the billing cycle, a minimum or estimated bill may be rendered. In cases of emergency the utility may render minimum or estimated bills without reading meters or supplying meter reading forms to customers. Except in unusual cases, a meter reading by the customer or the utility shall be obtained after no more than 3 consecutive estimated or minimum bills have been rendered.

(c) When an actual meter reading indicates that a previous estimated bill was abnormally high or low, the utility shall calculate the bill for the entire period as if use of service was normally distributed throughout the period. The previous estimated charge shall be deducted from the recomputed total. If there is evidence to indicate that actual use was not uniform throughout the period, the billing shall be adjusted according to available information.

(14)  

(a) Credits due a customer because of meter inaccuracies, errors in billing, or misapplication of rates shall be shown separately and identified.

(b) Adjustments to past bills rendered because of meter inaccuracies, errors in billing, or misapplication of rates shall be separated from the current regular billing and the charges explained in detail.

(15)  Each bill for service shall be computed at the proper filed rate.

(16)  A utility may offer a budget payment plan to residential customers. Any such plan shall conform to the guidelines set forth in pars. (a) through (g) .

(a) A budget payment plan tariff shall be on file with the commission, applicable only to charges for utility services under commission jurisdiction.

(b) A budget payment plan may be established at any time of the year. The budget amount shall be calculated on the basis of the estimated consumption and estimated applicable rates. If the budget period is a fixed year, then prospective and existing customers requesting a budget payment plan after the start of the fixed year shall have their initial monthly budget amount determined on the basis of the number of months remaining in the current budget year.

(c) An applicant for a budget plan shall be informed at the time of application that budget amounts shall be reviewed and changed every 12 months, if necessary, in order to reflect current circumstances. Adjustments to the budget amount shall be made with the objective that the customer's underbilled or overbilled balance at the end of the budget year shall be less than one month's budget amount.

(d) Customers on the budget payment plan shall be notified of adjustments by means of a bill insert, a message printed on the bill itself, or both. The customer shall be adequately informed of the adjustment at the same time the bill containing the adjustment is rendered.

(e) Customers who have arrearages shall be allowed to establish a budget payment plan by signing a deferred payment agreement for the arrears, according to the provisions of s. PSC 185.38 .

(f) Budget payment plans shall be subject to the late payment charge provisions. In addition, if a budget payment is not paid, the customer shall be notified with the next billing that if proper payment is not received subsequent to this notification, the next regular billing may effectuate the removal of the customer from the budget plan and reflect the appropriate amount due.

(g) At the end of a budget year, if an underbilled or overbilled balance exists in the account, the balance shall be handled as follows:

1. A customer's debit balance shall be paid in full or, at the customer's option, on a deferred basis;

2. A customer's credit balance shall be applied, at the customer's option, against the customer's account credited in installments to the customer's account over the course of the next budget year, or refunded to the customer.

(17)  An occupant, or other responsible party who uses utility service but does not apply for it, may be billed an estimated or actual amount at a later date for service used prior to the time of application. The utility shall have reasonable grounds to establish responsibility for the backbilling. Failure to pay charges resulting from this backbilling may result in disconnection of service. The utility shall inform the occupant of the right to dispute the billing through the dispute procedures set forth in s. PSC 185.39 .

(19)  

(a) A utility shall pay interest on customer overpayments not refunded to the customer within 60 days of the determination by the utility or commission that refund is due, if the net amount refunded exceeds $20.00 per refund and the overpayment was made to the utility due to:

1. Meters registering fast as defined in s. PSC 185.35 ;

2. Billing based on a switched-meter condition where the customer was billed on the incorrect meter;

3. Misapplication of rates;

4. Other billing errors.

(b) A utility is not required to pay interest to customers for overpayments made for:

1. Financing of service extensions or other equipment;

2. Budget payment plans;

3. Estimated bills;

4. Customer overpayments or advances.

(c) The rate of interest to be paid shall be calculated in the same manner as provided for in s. PSC 185.36 (9) (b) . Interest shall be paid from the date a refund is determined to be due until the date the overpayment is refunded. Interest shall be calculated on the net amount overpaid in each calendar year.

(d) Nothing in this chapter 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.

Cr. Register, January, 1997, No. 493 , eff. 2-1-97; CR 01-033 : am. (10) (a) and (13) (b), renum. (18) (c) to be (18) (d), cr. (18) (c), Register October 2001 No. 550 , eff. 11-1-01; correction in (19) (c) made under s. 13.93 (2m) (b) 7., Stats., Register October 2001 No. 550 ; CR 11-039 : cr. (1m), renum. (2) to 185.22 (5) (b) Register July 2012 No. 679 , eff. 8-1-12; CR 13-048 : r. (18) Register July 2014 No. 703 , eff. 8-1-14.