Section 43.07. Collecting the low-income assistance fee.

 

(1)   Deadlines. The department may, at its discretion, modify any deadlines contained in this rule upon notification to the appropriate affected parties.

(2)   Collection plan. On or before June 1, each individual non–municipal electric utility shall submit a collection plan and supporting documentation to the department for collecting the following fiscal year's amount invoiced and for recovering reasonable and prudent expenses. The low-income assistance fee collection plan shall be based on the calculations and related information provided by the department under s. Adm 43.06 . Each non–municipal electric utility shall submit documentation that demonstrates its implementation plan and a budget of expenses necessary to comply with the requirements in s. Adm 43.09 .

(3)   Charges billed. Each customer bill that includes a low-income assistance fee shall identify the low-income assistance fee as a "state low-income assistance fee." All charges relating to the cost of supplying electric service to a residential or non–residential customer shall constitute the basis for calculating the limit on customer bill increases specified in s. 16.957 (4) (c) 3. , Stats.

(4)   Equitable allocation. Each non–municipal electric utility shall submit documentation with its low-income assistance fee collection plan that demonstrates that the amounts of the low-income assistance fee it intends to bill its residential and non–residential customers equitably allocates the amount constituting the residential component among its residential customer classes, and the amount constituting the non–residential component among its non–residential customer classes. The amount of the low-income assistance fee may vary between customer classes, but shall be uniform within a customer class, except for variations due to the maximum bill increase restrictions in s. 16.957 (4) (c) 3. , Stats.

(5)   Request for rebate. A customer that pays one or more bills to a single non–municipal electric utility for meters located within that utility's service territory, may present documentation to and request relief from that non–municipal electric utility if the low-income assistance fees paid by the customer within that utility's service territory, when aggregated by the customer, exceed $750 in any month. The non–municipal electric utility shall rebate that portion of the low-income assistance fee that exceeds $750 in any month. Any amount so rebated to a customer under this provision shall be treated as an under–collection for purposes of s. Adm 43.08 (3) .

(6)   Department review. On or before June 10, the department shall approve, modify, or deny each proposed collection plan and notify each non–municipal electric utility accordingly. The department shall provide reasons for a denial or modification in writing. A non–municipal electric utility may protest a denial or modification of its collection plan under the procedures set forth in s. Adm 43.12 .

(7)   Plan implementation. Each non–municipal electric utility shall implement an approved or modified low-income assistance fee collection plan at the start of the first monthly or periodic billing cycle of the following fiscal year. A modified collection plan shall be implemented even if a protest has been filed under s. Adm 43.12 .

(8)   Department denial.

(a) If the department denies a proposed low-income assistance fee collection plan, the non–municipal electric utility shall resubmit a collection plan to the department on or before June 20 for the department's approval even if a protest has been filed under s. Adm 43.12 . A resubmitted collection plan must address all comments and suggestions provided by the department in its denial.

(b) If the department denies a resubmitted collection plan, the non–municipal electric utility shall collaborate with the department to prepare a collection plan acceptable to the department. If the parties are unable to reach an agreement on or before June 25, the department shall issue a collection plan for the non–municipal electric utility to implement the following fiscal year.

Cr. Register, November, 2000, No. 539 , eff. 12-1-00 ; CR 07-078 : am. Register August 2008 No. 632 , eff. 9-1-08.