DEPARTMENT OF LABOR AND ECONOMIC GROWTH

                           PUBLIC SERVICE COMMISSION

                    Consumer Standards And Billing Practices

                    For Electric And Gas Residential Service

(By authority conferred on the public service commission by section 7 of 1909 
PA 106, section 5 of 1919 PA 419, sections 4 and 6 of 1939 PA 3, and sections 
3, 9, and 231 of 1965 PA 380, MCL 460.557, MCL 460.55, MCL 460.4, 460.6,  MCL 
16.103, MCL 16.109, and MCL 16.331)

R 460.101   Application of rules.
  Rule 1. These rules apply to residential utility service that is   provided 
by electric and natural gas utilities that are subject to the jurisdiction of 
the public service commission.

  History: 2007 AACS.


R 460.102   Definitions.
  Rule 2. As used in these rules:
  (a) "Actual meter reading" means a gas or electric meter reading  that   is 
based on the customer's actual energy use during the period reported and that 
was performed by a utility representative, by the customer  and  communicated 
to the company by mail, telephone, fax, on a secure company website, or other 
reasonable means, or that was transmitted to the utility by an  automated  or 
remote meter reading device.
  (b) "Applicant" means an emancipated minor or a person 18 years of age   or 
older requesting residential utility service in person at the utility company 
office, in writing, by telephone or fax machine, through the internet, or any 
other form  of  communication  that  allows  the  applicant  to  provide  the 
information required by the utility company.
  (c) "Billing error" means an undercharge or overcharge that is  caused   by 
any of the following:
  (i) An incorrect actual meter read by a company representative.
  (ii) An incorrect remote meter read.
  (iii) An incorrect meter constant.
  (iv) An incorrect calculation of the applicable rate.
  (v) A meter switched by the utility or a utility representative.
  (vi) An incorrect application of the rate schedule.
  (vii) Another similar act or omission by the utility  in  determining   the 
amount of a customer's bill. An undercharge or overcharge that is caused by a 
non-registering meter, a meter error, or the use of an estimated  meter  read 
or a customer read is not a billing error.
  (d) "Billing month" means a natural gas or electric consumption period   of 
not less than 26 or more than 35 days.
  (e)  "Billing  specialist"  means  a  representative  of  a  utility    who 
investigates and resolves meter reading discrepancies or errors.
  (f) "Charges for tariff service" means the rates  for  regulated   electric 
and gas service and other charges approved by the commission.
  (g) "Collection charge" means a commission approved  charge  assessed   for 
the costs associated with sending an employee or  agent  to  a  residence  to 
collect a past due payment in lieu of shutoff of service.
  (h) "Commission" means the Michigan public service commission.
  (i) "Complaint determination" means the  written  decision  of  a   hearing 
officer after an informal hearing.
  (j) "Critical care customer" means any customer who  requires,  or  has   a 
household member that requires home  medical  equipment  or  a  life  support 
system, and who has provided appropriate documentation from  a  physician  or 
medical facility to the utility identifying the  medical  equipment  or  life 
support system and certifying  that  an  interruption  of  service  would  be 
immediately life-threatening.
  (k) "Customer" means a purchaser of electricity or  natural  gas  that   is 
supplied or distributed by a utility for residential purposes.
  (l) "Cycle billing" means a system that renders bills for utility   service 
to various customers on different days of a calendar month.
  (m) "Delinquent account" means an account with charges for utility  service 
that remains unpaid at least 5 days after the due date.
  (n)  "Eligible  low-income  customer"  means  a  utility  customer    whose 
household income does not exceed 150% of the federal  poverty  guidelines  as 
published by the United States department of health and human services or who 
receives any of the following:
  (i) Supplemental security income  or  low-income  assistance  through   the 
department of human services or successor agency.
  (ii) Food stamps.
  (iii) Medicaid.
  (o) "Eligible military customer" means a utility  customer,  spouse  of   a 
customer, or customer whose spouse is in the military who meets  all  of  the 
following:
  (i) Is on full-time active duty.
  (ii) Is deployed overseas in response to  a  declared  war  or   undeclared 
hostilities or is deployed within the United States in response to a declared 
national or state emergency and the household income is reduced as a result.
  (iii) Notifies the utility of his or her eligibility.
  (iv) Provides verification of eligibility if requested by the utility.
  (p) "Eligible senior citizen customer" means a utility customer who   meets 
all of the following criteria:
  (i) Is 65 years of age or older.
  (ii) Advises the utility of his or her eligibility.
  (q) "Energy assistance program" means a program  that  provides   financial 
assistance or assistance  in  improving  residential  energy  efficiency  and 
energy conservation.
  (r) "Energy usage" means the consumption of electricity or natural gas.
  (s) "Estimated bill" means a bill for service at the premises that is   not 
based on an actual meter reading for the period  being  billed  but  that  is 
based on calculations of how much gas or electricity a customer  used  during 
the billing period.
  (t) "Formal hearing request" means a document describing how  a   regulated 
utility has violated a customer's rights or these rules that is presented  in 
writing  to  the  executive  secretary  of  the  commission  to  initiate  an 
administrative process in accordance with the rules of practice and procedure 
before the commission, R 460.17101 et. seq.
  (u) "Gas cost recovery" means the adjustment in  rates  to  recognize   the 
cost of purchased gas.
  (v) "Hearing officer" means a notary public who is qualified to  administer 
oaths to conduct informal customer complaint  hearings  against  the  utility 
company and who is on a list filed with the commission.
  (w) "In dispute" means that a matter  is  the  subject  of  an   unresolved 
disagreement, claim, or complaint against a utility by  a  customer,  or  the 
customer's authorized agent.
  (x) "Informal appeal" means an appeal of a complaint  determination  of   a 
hearing officer to the commission staff.
  (y)  "Informal  appeal  decision"  means  the  written  decision  of    the 
regulation officer in regard to an informal appeal.
  (z) "Informal complaint" means a matter that requires follow-up action   or 
investigation by the utility or the commission to resolve the matter  without 
a formal hearing.
  (aa) "Inquiry" means a question regarding a utility matter that  is   asked 
by the customer and answered by the utility or the commission.
  (bb) "Late payment charge" means a finance, service, carrying, or   penalty 
charge that is assessed by a utility because a bill or portion of a  bill  is 
delinquent.
  (cc) "Medical emergency"  means  an  existing  medical  condition  of   the 
customer or a member of the customer's household, as defined and certified by 
a physician  or  public   health   official   on   official   stationary   or 
company-provided form, that  will  be  aggravated  by  the  lack  of  utility 
service.
  (dd) "Meter error" means a failure to accurately measure and record all  of 
the natural gas or electrical  quantities  used  that  are  required  by  the 
applicable rate or rates.
  (ee) "New customer" means a customer who has not  received  the   utility's 
service within the previous 6 years.
  (ff) "Peak season"  means  the  months  of  November,  December,   January, 
February and March for natural gas service  or  electric  space  heating  and 
June, July and August for other electric service.
  (gg) "Positive  identification  information"  means  a  consistently   used 
appropriate identification such as, but not limited to, a driver's license or 
ID card issued by a state, U.S. military  card  or  military  dependent's  ID 
card, Native American tribal document, or passport.
  (hh) "Power supply  cost  recovery"  means  the  adjustment  in  rates   to 
recognize the cost of purchased power and fuel for electric generation.
  (ii) "Previous customer" means a customer who has received  the   utility's 
service within the previous 6 years but is not currently receiving service.
  (jj) "Regulation officer" means a  member  of  the  commission  staff   who 
resolves complaints in accordance with these rules.
  (kk) "Remote shutoff or  restoration  capability"  means  the  ability   to 
terminate or restore service to a premises from another location.
  (ll)  "Residential  service  or  use"  means  the  provision  or  use    of 
electricity or natural gas for residential purposes.
  (mm) "Satisfactory payment history" means that a  customer's  account   was 
not delinquent more than 1 time in the past 12 months.
  (nn) "Seasonally billed customer" means a customer  who  is  billed  on   a 
seasonal basis in accordance with a utility tariff that is  approved  by  the 
commission.
  (oo) "Settlement agreement" means a documented agreement that  is   entered 
into by a customer and a utility and that resolves any matter in  dispute  or 
provides for the payment of amounts not in dispute over a  reasonable  period 
of time.
  (pp) "Shutoff of service" means a discontinuance of utility  service   that 
is not requested by a customer.
  (qq) "Space heating season" means the period between November 1 and   March 
31.
  (rr) "Termination of service" means a discontinuance  of  utility   service 
that is requested by a customer.
  (ss)  "Unauthorized  use  of  utility   service"   means   theft,    fraud, 
interference, or diversion of service, including but  not  limited  to  meter 
tampering (any act which affects the proper registration of service through a 
meter), by-passing (unmetered service that flows through a  device  connected 
between  a  service  line  and  customer-owned   facilities),   and   service 
restoration by anyone other than the utility or its representative.
  (tt)  "Utility"  means   a   person,   firm,   corporation,    cooperative, 
association, or other legal entity that is subject to the jurisdiction of the 
commission and that provides electric or gas service for residential use.
  (uu) "Weather adjusted consumption data" means a customer's monthly  energy 
usage divided by the number of heating or cooling degree days for that month.

  History: 2007 AACS.


R 460.103 Discrimination prohibited.
   Rule 3. A utility shall not discriminate against or  penalize  a  customer 
for exercising any right granted by these rules.

  History: 2007 AACS.


R 460.104 Conduct of proceedings.
   Rule 4.  The  informal  procedures  required  by  these  rules  shall  not 
constitute a contested case as defined by section  3  of  1969  PA  306,  MCL 
24.203.

  History: 2007 AACS.


R 460.105 Additional rules.
   Rule 5. A utility may adopt additional rules governing relations with  its 
customers that are reasonable and necessary  and  that  are  consistent  with 
these rules. The utility's rules shall be an integral part of its tariffs and 
shall be subject to approval by  the  commission.  If  there  is  a  conflict 
between these rules and a utility's rules or tariffs, these rules govern.

  History: 2007 AACS.


                      Part 2. APPLICATION FOR SERVICE


R 460.106 Service requests for new or previous customers.
   Rule 6. (1) Applicants for service may become new customers by  requesting 
service in person at the utility company office, in  writing,  by  telephone, 
fax, or internet, or other  means  of  communication.   Using  any  of  these 
methods, an applicant shall do both of the following:
   (a) Provide positive identification information as defined in R 460.102.
   (b) Pay a deposit, if required by R 460.109 or R 460.110.
   (2) The utility may also require payment of  a  delinquent  account  as  a 
condition of providing or continuing  service  if  the  following  conditions 
apply:
   (a) The delinquent account is in the customer's or applicant's name.
   (b) The delinquent account is not in dispute, owed  to  the  utility,  and 
accrued within the last 6 years. The utility shall provide the applicant with 
information on the process to refute or contest the delinquent account.

  History: 2007 AACS.


R 460.107 Applicant information.
   Rule 7. (1) A utility may request but shall not require anyone other  than 
the applicant to assume responsibility for service. A  utility  shall  permit 
more than 1 name on the application if requested by the customer  and  agreed 
to by the second party.
   (2) If the  applicant  is  renting  the  premises  for  which  service  is 
requested, a utility may require  proof  that  the  applicant  is  a  tenant.
Written or oral confirmation by  the  manager,  landlord,  or  owner  of  the 
property, or a verified signed copy of the  rental  agreement  is  sufficient 
proof.  An applicant may verify a  lease  by  submitting  a  lease  agreement 
containing notarized signatures of the landlord and tenant  or  by  providing 
the utility with contact information for the landlord.

  History: 2007 AACS.


               PART 3. DEPOSITS AND GUARANTEE TERMS AND CONDITIONS


R 460.108 Prohibited practices.
   Rule 8. A utility shall not require a deposit  or  other  guarantee  as  a 
condition of new or continued utility service based upon any of the following:
   (a) Consumer credit score, if the customer or applicant has prior  utility 
service credit history with any electric or gas provider during the  previous 
6 years.
   (b) Income.
   (c) Home ownership.
   (d) Residence location.
   (e) Race.
   (f) Color.
   (g) Creed.
   (h) Sex.
   (i) Age.
   (j) National origin.
   (k) Marital status.
   (l) Familial status.
   (m) Disability.
   (n) Any other criteria not authorized by these rules.

  History: 2007 AACS.


R 460.109 Deposit for new customer.
   Rule 9. (1) A utility may require a deposit as a  condition  of  providing 
service to a new customer if any of the following provisions apply:
   (a) At the time of the request for service, the applicant has a delinquent 
bill with any electric or gas provider that accrued within the last  6  years 
and that remains unpaid and is not in dispute.
   (b) The applicant misrepresents his or her identity or credit standing.
   (c) The applicant fails to  provide  positive  identification  information 
upon request at the time of applying for new service.
   (d) The applicant requests service for a location at which he or she  does 
not reside.
   (e) The applicant engaged in unauthorized use of  utility  service  within 
the last 6 years, provided that the finding of unauthorized  use  of  utility 
service was made after notice and an opportunity for a hearing and is not  in 
dispute.
   (f) Within the past 3 years, the applicant lived in  a  residence  with  a 
person who accrued a delinquent account for electric or gas  service  to  the 
shared residence, during the time the applicant lived  there,  which  remains 
unpaid and is not in dispute, and the person with the delinquent account  now 
resides with the applicant. The utility shall advise  the  applicant  of  the 
process by which the applicant can refute this claim.
   (g)The applicant has sought relief under federal  bankruptcy  laws  within 
the last 6 years.
   (2) Notwithstanding any of the provisions of subrule (1) of this  rule,  a 
utility shall not require a deposit as a condition of providing service to  a 
new customer if any of the following provisions apply:
   (a)  The  department  of  human  services  or  its  successor  agency   is 
responsible for making payments to a utility on behalf of the applicant.
   (b) The applicant secures a guarantor who is a customer in  good  standing 
with the utility.
   (c) The applicant is 65 years of age  or  older  and  has  a  satisfactory 
payment history for the past 3 years with any gas or electric provider.

  History: 2007 AACS.


R 460.110 Deposit for a previous customer or for continued service.
   Rule 10. (1) A utility may require a deposit as a condition  of  providing 
or restoring service to a  previous  customer  or  continuing  service  to  a 
current customer if any of the following provisions apply:
   (a) At the time of the request for service, the customer or applicant  has 
a prior service account that is delinquent, that accrued within  the  last  6 
years, and that remains unpaid and is not in dispute  or  if  litigation  was 
required to obtain full payment of a utility account that was not in dispute.
   (b) The customer or applicant misrepresents his or her identity or  credit 
standing.
   (c) The customer or applicant fails  to  provide  positive  identification 
information upon request at the time of applying for service.
   (d) The customer or applicant  engaged  in  unauthorized  use  of  utility 
service within the last 6 years,  if  the  finding  of  unauthorized  use  of 
utility service was made after notice and an opportunity for a hearing  under 
these rules and is not in dispute.
   (e) The utility has shut off service to the customer for nonpayment  of  a 
delinquent account that is not in dispute.
   (f) The utility has had 1  or  more  checks  issued  from  the  customer's 
account returned from a financial institution for insufficient  funds  or  no 
account or has had 1 or more payments from the  customer's  debit  or  credit 
card or other form of payment denied within the  last  12  months,  excluding 
financial institution error.
   (g) The applicant has sought relief under federal bankruptcy  laws  within 
the last 6 years.
   (h)Within the past 3 years, the applicant lived  in  a  residence  with  a 
person who accrued a delinquent account for electric or gas  service  to  the 
shared residence, during the time the applicant lived  there,  which  remains 
unpaid and is not in dispute, and the person with the delinquent account  now 
resides with the applicant. The utility shall advise  the  applicant  of  the 
process by which the applicant can refute this claim.
   (2) Notwithstanding any of the provisions of subrule (1) of this  rule,  a 
utility shall not require a deposit as a condition of providing service to  a 
previous customer or continuing service to a current customer if one  of  the 
following provisions applies:
   (a)  The  department  of  human  services  or  its  successor  agency   is 
responsible for making payments to a utility on behalf of the applicant.
   (b) The customer or applicant secures a guarantor who  is  a  customer  in 
good standing with the utility.
   (c) The applicant is 65 years of age  or  older  and  has  a  satisfactory 
payment history with any gas or electric provider for the past 3 years.

  History: 2007 AACS.


R 460.111 General deposit conditions.
   Rule 11. (1) All of the following apply to payment of deposits:
   (a) For a primary residence, a deposit that is required under these  rules 
due to a prior outstanding account that is not in dispute or  a  shutoff  for 
nonpayment shall not be more than twice the  average  monthly  bill  for  the 
premises or, if the current customer's consumption history for  the  premises 
is  unavailable,  twice  the  utility's  system  average  monthly  bill   for 
residential service.
   (b) For seasonal properties, a deposit that is required under these  rules 
due to a prior outstanding account that is not in dispute or  a  shutoff  for 
nonpayment shall not be more than twice the average  monthly  bill  for  peak 
season usage.
   (c) A utility shall offer an eligible low-income customer  the  option  of 
paying a deposit required under these rules in 2 monthly installments.
   (2) Whenever a utility requests a deposit because  of  an  unpaid  account 
incurred in another household member's name for a time when the customer  and 
the other person shared a residence,  as  described  in  R  460.109(f)  or  R 
460.110(i), the utility shall provide the customer with notice of the  reason 
for the request, the commission rule that allows  the  utility  to  make  the 
request, and the process for refuting the action.
   (3) A deposit that is required during the space heating season  due  to  a 
disconnect for nonpayment within the past 12 months,  shall  not  exceed  the 
utility system average monthly gas bill for gas service or the utility system 
average monthly electric bill for electric service. If the customer  receives 
gas and electric service from a combination utility, the  deposit  shall  not 
exceed the total of the utility's combined system  average  monthly  gas  and 
electric bills.
   (4) A deposit that is required as a condition of providing, restoring,  or 
continuing service due to unauthorized use of utility service  shall  not  be 
more than 4 times the average peak season monthly bill for the premises or  4 
times the utility's system average peak season monthly bill  for  residential 
service  if  the  customer's  consumption  history  for   the   premises   is 
unavailable. The utility may also require payment of the  delinquent  account 
and approved charges as a condition of providing,  restoring,  or  continuing 
service if the  account  is  in  the  customer's,  or  applicant's  name,  is 
delinquent, owed to the utility, and accrued within the last 6 years.
   (5) Unless the applicant misrepresents  his  or  her  identity  or  credit 
standing  or  fails  to  provide  positive  identification  information,   if 
requested, at the time of applying for service, the utility shall not  assess 
a deposit if the customer has been in service for 30 days or more.
   (6) Except in the case of unauthorized use  of  utility  service,  if  the 
utility shuts off service for nonpayment, the utility  shall  not  require  a 
deposit as a condition of restoring service unless the  utility  offered  the 
customer, prior to shutoff for nonpayment, the opportunity to  enter  into  a 
settlement agreement as provided in Part 10 of these rules.
   (7) A utility shall pay interest at the  rate  of  7%  per  annum  on  all 
deposits. A utility shall credit interest semiannually to the service account 
of the customer or pay it upon the return of the  deposit,  whichever  occurs 
first.
   (8) The customer's credit shall  be  established  and  the  utility  shall 
return the deposit and accrued interest  upon  satisfactory  payment  by  the 
customer of all proper charges  for  utility  service  for  a  period  of  12 
consecutive months.  A utility may retain the  deposit  assessed  because  of 
unauthorized use of utility service for a  period  of  36  months  and  shall 
refund the deposit upon satisfactory payment of the final 12 months' charges.
   (9) For purposes of this rule, payment  is  satisfactory  if  it  is  made 
before the issuance of a notice of shutoff of service for nonpayment that  is 
not in dispute or within 5 days after the issuance  of  the  next  succeeding 
monthly bill, whichever is sooner.
   (10) For customers terminating service, if the  utility  has  not  already 
returned the deposit, the utility shall  credit  the  deposit,  with  accrued 
interest, to the final bill. For customers continuing to receive  service,  a 
utility may apply the deposit against an existing arrearage that  is  not  in 
dispute. The utility shall promptly return the balance to the customer.
   (11) A utility shall maintain a detailed record of all  deposits  received 
from customers. The record shall show all of the following information:
   (a) The name of the residential customer.
   (b) The location of the premises occupied by the customer at the  time  of 
making the deposit and each successive location while the deposit is retained.
   (c) The date the customer made the deposit and the amount.
   (d) The dates the utility paid interest and the amounts.
   (e) Place of payment.
   (f) Name of the utility employee who received the deposit.
   (g) The terms and conditions governing the return of the deposit.
   (12) A utility shall provide the customer with a written receipt  for  the 
deposit and instructions regarding how a customer  who  is  entitled  to  the 
return of his or her deposit may obtain the deposit.
   (13) A utility shall make reasonable  efforts  to  locate  customers  with 
unclaimed deposits or credits.
   (14) A utility shall apply deposit standards uniformly to all customers.
A utility shall provide to any customer  who  objects  to  paying  a  deposit 
information on the process to contest the deposit requirement.

  History: 2007 AACS.


R 460.112 Guarantee terms and conditions.
   Rule 12. (1) A guarantee that is accepted in accordance with  these  rules 
shall be in writing and shall be in effect for not more than 36 months.   The 
written guarantee shall state all of the  terms  of  the  guarantee  and  the 
maximum amount guaranteed. The utility shall not hold  the  guarantor  liable 
for a greater amount, unless agreed to in a separate written guarantee.
   (2) Notwithstanding the stated term of the guarantee, if  longer  than  12 
months, the customer's credit shall be  established  and  the  utility  shall 
release the guarantor upon satisfactory payment by the customer of all proper 
charges for utility service for a period of 12 consecutive months, unless the 
guarantee was required due to unauthorized use of utility service.
   (3) A utility may require a  guarantee  because  of  unauthorized  use  of 
utility service for 36 months.
   (4) For purposes of this rule, payment  is  satisfactory  if  it  is  made 
before the issuance of a notice of shutoff of service for nonpayment that  is 
not in dispute or within 5 days after the issuance  of  the  next  succeeding 
monthly bill, whichever is sooner.
   (5) A utility  may  withhold  the  release  of  a  guarantor  pending  the 
resolution of a shutoff for nonpayment that is in dispute in accordance  with 
these rules.

  History: 2007 AACS.


PART  4.   METER  READING  PROCEDURES,  METER  ACCURACY,  METER  ERRORS   AND 
RELOCATION


R 460.113 Actual and estimated meter reading.
   Rule 13. (1) Except as specified in this rule, a utility shall provide all 
residential customers with an actual monthly meter reading as  defined  in  R 
460.102.  A utility may estimate a meter reading  only  if  an  actual  meter 
reading cannot be obtained by any reasonable or applicable  method  described 
in R 460.102.  If a utility cannot obtain an actual meter reading,  then  the 
utility shall maintain records of the efforts made to obtain an actual  meter 
reading and its reasons for failure to obtain an actual meter reading.
   (2) A utility may estimate customer bills  only  upon  a  finding  by  the 
commission that a  utility's  estimated  bill  procedures  assure  reasonable 
billing accuracy.  A bill that is rendered on an  estimated  basis  shall  be 
clearly and conspicuously identified as such.  Any substantive changes  to  a 
utility's billing estimation procedures shall be submitted to the commission.
   (3) Notwithstanding the provisions of subrule (1) of this rule, a  utility 
may render estimated bills to seasonally billed customers in accordance  with 
tariffs approved by the commission.
   (4) If a utility estimates a customer's bill for  2  or  more  consecutive 
months, when an actual meter read is obtained the  utility  shall  offer  the 
customer the opportunity to pay the bill over the same number  of  months  as 
consecutively estimated bills. This subrule shall not apply  if  the  utility 
cannot obtain access to the meter and the customer fails to provide  a  meter 
reading if requested by the utility.
   (5) An estimated bill that is generated because the actual read is outside 
the range for the premises usage shall not be issued in consecutive months.
If the utility is actively engaged in resolving the problem, an additional 30 
days is permitted to correct the problem and obtain an actual meter reading.
   (6) If a utility shuts off service due to non-payment,  the  utility  must 
complete a final read or, if unable to obtain an actual read after reasonable 
attempts, the utility may estimate the bill.

  History: 2007 AACS.


Rule 460.114 Company representative identification.
   Rule 14. Upon request, the utility representative reading the meter  shall 
provide the customer or  other  household  member  with  appropriate  picture 
identification confirming the representative's employment with the company.

  History: 2007 AACS.


R 460.115 Customer meter reading.
   Rule 15. A utility shall provide each customer  with  the  opportunity  to 
read and report energy usage provided the customer accurately reports  energy 
usage on a regular basis. A utility shall provide postage-paid, pre-addressed 
postcards for this purpose upon request, or the utility may permit  customers 
to report meter readings on a secure company website, by telephone, or  other 
reasonable means. At least once every 12 months, a utility  shall  obtain  an 
actual meter reading of energy usage  to  verify  the  accuracy  of  readings 
reported in this manner. Notwithstanding  the  provisions  of  this  rule,  a 
utility company representative may read meters on a regular basis.

  History: 2007 AACS.


R 460.116 Meter accuracy, meter errors, meter relocation.
   Rule 16. (1) Meters with actual readings that are rejected by the  utility 
billing system for 2 consecutive months because they are outside the expected 
range of the customer's usage for the premises shall be reviewed by a billing 
specialist, investigated, and, if necessary, the meter shall be  repaired  or 
replaced.
   (2) Meters recording usage inaccurately shall be repaired or  replaced  by 
the company. Any meter in service that remains  broken  as  determined  by  a 
specific test of the meter or that does not correctly register customer usage 
for a period of 6 months or more shall be removed and customers will  not  be 
required to pay bills generated from these meter readings beyond the  6-month 
period from the date the meter malfunction occurred. This rule does not alter 
the provisions of  R  460.3613  governing  the  testing  and  replacement  of 
electric meters and R 460.2353 governing the replacement of gas meters.
   (3) Overcharges and undercharges due to  gas  meter  errors  and  electric 
meter errors shall be reconciled in  accordance  with  the  provisions  of  R 
460.2364 of the technical standards for gas service and the provisions  of  R 
460.3403 of  the  regulations  governing  technical  standards  for  electric 
service, respectively.
   (4) A utility may assess a meter relocation charge in any of the following 
situations:
   (a) The utility shut off service by disconnection at the  street  or  pole 
because the utility could not obtain access to the meter.
   (b) The customer or  another  responsible  adult  refused  to  permit  the 
utility access to the meter on 2 separate occasions, or on a single  occasion 
if harm is threatened, and the utility can produce documentation of  requests 
for access and/or requests for the customer to perform a meter  reading  that 
were refused.
   (c) The utility shut off  service  due  to  unauthorized  use  of  utility 
service or the customer acknowledges personal responsibility and the  utility 
bills the customer for unauthorized use of utility service.
   (d) The customer requests that the utility relocate the meter.
   (5) If the utility moves the meter for  reasons  other  than  the  reasons 
listed under subrule (4) of this rule,  and  the  customer  wants  the  meter 
placed in a different location than that selected by the  utility,  then  the 
customer shall pay any additional costs.

  History: 2007 AACS.


                      PART 5.  BILLING AND PAYMENT STANDARDS


R 460.117  Billing frequency; method of delivery.
   Rule 17. (1) A utility shall  send  a  bill  each  billing  month  to  its 
customers in accordance with approved rate schedules unless the  utility  and 
the customer agree to another billing interval. A utility shall send  a  bill 
to customers by mail unless the utility and the  customer  agree  to  another 
method of delivery. A utility that is authorized to seasonally bill customers 
or to use a customer read system shall send a bill  in  accordance  with  the 
tariffs approved by the commission.
   (2) The customer may designate a third party  to  receive  bills,  shutoff 
notices, or other communications from the utility on the customer's behalf if 
the customer submits a document signed by the  customer  and  the  designated 
third party to the utility. The receipt of bills by a third  party  does  not 
make that party responsible for the bills unless the third-party recipient is 
a guarantor under R 460.112.
   (3) Customers who use online billing  and  payment  shall  have  the  same 
rights and responsibilities as customers who use paper bills and  payment  by 
US mail.

  History: 2007 AACS.


R 460.118 Equal monthly billing.
   Rule 18. Upon customer request, a utility shall bill  a  customer  with  a 
satisfactory payment history under an equal monthly billing program,  if  the 
commission  finds  that  the  billing  program  assures  reasonable   billing 
accuracy. If a customer has a credit balance of more than $10.00 at  the  end 
of the program year, upon the request of  the  customer,  the  utility  shall 
either return the credit balance or credit it to the next  month's  bill.  If 
the balance is less than $10.00, the utility shall credit the amount  to  the 
customer's account.

  History: 2007 AACS.


R 460.119 Cycle billing.
   Rule 19. A utility may use cycle billing if each customer receives a  bill 
on or about the same day of each billing month. If a  utility  changes  meter 
reading routes or schedules by more than 7 days, it shall provide  notice  to 
affected customers at least 10 days before making the change.

  History: 2007 AACS.


R 460.120 Payment of bill.
   Rule 20. (1) A utility shall permit each customer a  period  of  not  less 
than 21 days from the date the bill was sent  to  pay  in  full,  unless  the 
customer specifically designates a different payment date.  A  utility  shall 
not withdraw funds from a customer account before the due date in cases where 
a customer uses an automatic bill payment plan unless the customer agrees  to 
a different period.
   (2) A  utility  shall  not  attempt  to  recover  from  any  customer  any 
outstanding bills or other charges due upon the account of any other  person, 
unless that customer has entered into a lawful guarantee under R 460.112,  or 
another lawful agreement to pay those bills and charges.
   (3) The customer has the right to pay any delinquent bill at anytime prior 
to disconnection in order to preserve  uninterrupted  service.  After  proper 
notice of shutoff under R 460.138 and R 460.141 has been provided,  it  shall 
be the customer's responsibility to contact the utility and  arrange  payment 
before disconnection.
   (4) The utility may authorize payment agents to accept payments on  behalf 
of the utility. The  authorized  agents  shall  accept  payment  and  provide 
payment verification, without request, that may be used by  the  customer  to 
verify payment with the utility.   The  payment  verification  shall  clearly 
state that the payment may not be credited to the customer's account  for  up 
to 2 business days.   The payment verification shall also clearly  state  any 
charges or fees for use of the payment agent services.  The agent shall remit 
payments to the utility every other business day, at minimum, and the company 
shall credit those payments to customer accounts within  1  business  day  of 
receiving them from the payment agent.   Payment  agent  locations  shall  be 
clearly marked as "Authorized Payment Agent for [Company]". The utility shall 
provide information on bills every 6 months  warning  customers  not  to  use 
unauthorized payment centers.
   (5)  A  combination  utility  company  shall  permit  eligible  low-income 
customers, as defined by these rules, to designate how partial payments shall 
be applied to their  account.  In  the  event  of  disconnection  or  pending 
disconnection of both gas and electric services, the  utility  shall  provide 
the eligible low-income customer with an accounting of the customer's current 
gas and electric charges and shall give the customer the option of  restoring 
one or both services with the appropriate payment.
   (6) Whenever an eligible low-income  customer  of  a  combination  utility 
company receives a disconnect notice,  the  notice  shall  clearly  show  the 
customer has both of the following options:
  (a) An extended payment plan for both gas and electric service.
  (b) An extended payment plan to retain either gas or  electric  service  as 
chosen by the customer.

  History: 2007 AACS.


R 460.121 Payment period.
   Rule 21. (1) The date a bill is sent is the date the utility transmits the 
billing information to the customer. If the last day for payment falls  on  a 
Sunday, legal holiday, or other day when the offices  the  utility  regularly 
uses for the payment of customers' bills are not open to the general  public, 
the payment date shall be extended through the next business day.
   (2) If a customer fails to make full payment by the due date, the  utility 
may begin  to  implement  its  collection  practices  including  the  use  of 
automated telephone calls reminding the customer or a third party  designated 
under R 460.117(2) that the bill is past due. Neither  the  utility  nor  its 
agents shall make more than 1 call per day to a specific  customer  or  third 
party in which contact is made with the customer or third party.

  History: 2007 AACS.


R 460.122 Allowable charges.
   Rule 22. (1) Except as otherwise provided by statute, a utility shall bill 
each customer for the amount of natural gas or electricity consumed  and  any 
other approved charges in accordance with the rates and tariffs  approved  by 
the commission.
   (2) A utility may assess a late payment charge that is not more  than  2%, 
not compounded, of the portion of the bill, net of taxes, that is delinquent.
A utility shall not assess a late payment charge  against  a  customer  whose 
payments are made by the department of human services or who is participating 
in a shutoff protection program described in Part 9 of these rules.
   (3) A utility may not charge a late payment fee  for  failure  to  pay  an 
estimated bill by the due date unless the customer is subsequently delinquent 
on a bill using an actual read.  This rule shall not apply  if  the  bill  is 
estimated because the utility was unable to gain access  to  the  meter,  the 
utility's lack of access is documented, and the customer refused  to  provide 
an actual meter reading.

  History: 2007 AACS.


R 460.123 Bill information.
   Rule 23. (1) A bill that is transmitted by a utility shall  state  clearly 
all of the following information:
   (a) The beginning and ending meter readings  and  dates  for  the  billing 
period. A customer reading his or her own meter shall be encouraged, but  not 
required, to provide this information. The provisions of  this  rule  do  not 
apply if the information is not provided by the customer.
   (b) The units of energy consumed during the billing period and  the  units 
of energy consumed during the comparable period the prior year. Upon customer 
request, the utility shall provide weather-adjusted consumption data  to  the 
customer or to a third-party designated by the customer.
   (c) A designation of the rate.
   (d) The due date.
   (e) Any previous balance.
   (f) The amount due for energy usage.
   (g) The amount due for other authorized charges.
   (h) The amount of tax.
   (i) The total amount due.
   (j) That the rate schedules, the explanation of rate  schedules,  and  the 
explanation of how to verify the accuracy of the bill will be provided by the 
company upon request.
   (k) That the customer should contact the company regarding an  inquiry  or 
complaint about the bill before the due date.
   (l) The address and telephone number of the utility at which the  customer 
may initiate any inquiry or complaint  regarding  the  bill  or  the  service 
provided by the utility.
   (m)  That  the  utility  is  regulated  by  the  Michigan  public  service 
commission.
   (2) A commission-regulated utility  proposing  a  new  bill  format  shall 
submit its proposed bill format to the commission staff prior to introduction 
to its customers.
   (3) Any utility wishing to issue billing statements  online  shall  comply 
with each of the following requirements:
   (a) A customer shall not be required to use online billing.
   (b) No enrollment or usage fees  shall  be  assessed  to  a  customer  who 
chooses to receive bills or customer information online.
   (c)  The  online  billing  statement  shall  include,  at   minimum,   all 
information listed in subrule (1) of this rule.
   (d) The company shall maintain a secure and encrypted site to be  accessed 
by the customer of record after completing the secure registration process.
   (e) The utility may require that the customer use a password  or  security 
question to access the online billing system.  The company shall not  require 
the customer to use his or her social security number to enroll in or  access 
the billing system.
   (f) Any fees to accept online payments shall be clearly displayed  in  the 
payment window.
   (g) Any payment made online shall be treated as a payment to  the  company 
business office.
   (h) Use of the online system shall not  restrict  the  customer  in  using 
other payment methods.  All  other  payment  methods  shall  continue  to  be 
available to the customer.

  History: 2007 AACS.


R 460.124 Separate bills.
   Rule 24. (1) A utility shall transmit a separate bill in  conformity  with 
the provisions of R 460.123 for service provided at each service location and 
shall not combine 2 or more accounts without  written  authorization  of  the 
customer.
   (2) Notwithstanding the provisions of subrule (1) of this rule,  if  there 
is shutoff or termination of  service  at  a  separate  residential  metering 
point, residence, or location in accordance with these rules, then a  utility 
may transfer an unpaid balance to any other residential  service  account  of 
the customer. The utility must have valid identification data that shows  the 
customer is the same at both residences and must present  that  data  to  the 
customer upon request.
   (3) Whenever a utility consolidates accounts under  subrule  (2)  of  this 
rule, the utility shall provide the customer with a written  notice  for  the 
consolidation, the commission rule that allows  the  consolidation,  and  the 
process for refuting the action.

  History: 2007 AACS.


R 460.125 Billing for non-tariff services.
   Rule 25. A utility may include charges for unregulated services,  such  as 
appliance repair or appliance protection programs, together with charges  for 
gas and electric service on the same monthly bill  if  the  charges  for  the 
unregulated services are designated clearly and separately from  the  charges 
for the gas or electric service and it is noted that  it  is  an  unregulated 
service. Failure to pay for unregulated service charges  may  result  in  the 
termination of that service but not the termination of the  gas  or  electric 
service. If partial payment is made, the utility shall first  credit  payment 
to the balance outstanding for gas or electric service in accordance with the 
provisions of R 460.120(5) and R 460.120(6) where applicable.

  History: 2007 AACS.


R 460.126 Billing error.
   Rule 26. (1) If a utility overcharges a customer due to a  billing  error, 
the utility shall refund or credit the amount of the paid overcharge plus  7% 
APR interest on the bill immediately following the discovery  of  the  error.
Upon customer request, overcharges greater than $10 shall be refunded  within 
30 days. A utility is not required to adjust, refund, or credit an overcharge 
plus 7% APR  interest  for  more  than  the  3  years  immediately  preceding 
discovery of the billing error, unless the customer is able to  establish  an 
earlier date for commencement of the error.  The interest on  the  overcharge 
shall be applied on the 60th day following the paid overcharge.
   (2) If a utility undercharges a customer, the following provisions apply:
   (a) In cases that involve unauthorized use of utility service the  utility 
may backbill the customer  for  the  amount  of  the  undercharge  using  the 
commission-approved process for estimating the bill. The utility  may  charge 
fees  for  unauthorized  use  of   utility   service   in   accordance   with 
commission-approved tariffs.
   (b) In cases that do not involve unauthorized use of utility service,  the 
utility may backbill the customer for the amount of  the  undercharge  during 
the 12-month period immediately preceding discovery of  the  error,  and  the 
utility shall offer the customer  reasonable  payment  arrangements  for  the 
amount of the backbill, which shall allow the customer  to  make  installment 
payments over a period at least as long as the period of the undercharge. The 
utility shall take into account the customer's financial  circumstances  when 
setting payment amounts.

  History: 2007 AACS.


                       PART 6. VOLUNTARY TERMINATION OF SERVICE


R 460.127 Voluntary termination.
   Rule 27. (1) Subject to the provisions of these rules, a utility  customer 
or authorized representative shall do all of the following:
   (a) Notify the utility in person, or by telephone, in writing, by  fax  or 
on the internet  at  least  10  business  days  prior  to  requested  service 
termination.
   (b) Allow access to the utility, if necessary, to perform  a  final  meter 
read.
   (c) Provide an address for final billing at the  time  of  request  for  a 
final read.
   (2) The utility shall do both of the following:
   (a) Provide a final actual meter reading within 10 business  days  of  the 
request for termination or estimate the final reading and offer the  customer 
the option to provide an actual meter reading.  If  the  meter  is  not  read 
within the 10-day time frame the utility shall document  the  reason  for  no 
actual reading. An actual meter reading shall be obtained by the next  normal 
reading cycle.
   (b) Schedule the customer's final reading within a 4-hour  time  frame  if 
the utility cannot access the meter.

  History: 2007 AACS.


                         PART 7 UTILITY PROCEDURES


R 460.128 Applicability.
   Rule 28.  These  procedures  apply  to  all  customer  inquiries,  service 
requests, and complaints that are made to  a  utility  regarding  residential 
utility service and charges.

  History: 2007 AACS.


R 460.129 Complaint procedures.
   Rule 29. (1) A utility shall establish procedures  that  will  ensure  the 
prompt, efficient, and thorough receipt, investigation, and, where  possible, 
resolution of all customer inquiries, service requests,  and  complaints  and 
report the resolution of commission-referred  complaints  to  the  commission 
staff.
   (2) A utility shall make  reasonable  attempts  to  contact  the  customer 
within 2 business days, after referral of a  customer's  complaint  from  the 
commission, and will develop and report to  the  commission  within  10  days 
after referral its plan for resolution of the complaint.
   (3) A utility shall provide customers  who  are  not  satisfied  with  the 
utility's resolution of a complaint or inquiry with the  toll-free  telephone 
number and internet address of the commission.
   (4) A utility shall obtain commission approval of any substantive  changes 
in its procedures.

  History: 2007 AACS.


R 460.130 Personnel procedures.
   Rule 30. A  utility  shall  establish  personnel  procedures  that,  at  a 
minimum, ensure all of the following:
   (a) That qualified personnel are  available  and  prepared  at  all  times 
during  normal  business  hours  to  receive  and  respond  to  all  customer 
inquiries, service  requests,  and  complaints.  A  utility  shall  make  the 
necessary arrangements to ensure that customers who are unable to communicate 
in the English language receive prompt and effective assistance.
   (b) That qualified personnel who are responsible for,  and  authorized  to 
enter into, written settlement  agreements  on  behalf  of  the  utility  are 
available at all times during normal business hours to  respond  to  customer 
inquiries and complaints.
   (c) That qualified personnel are available at all  times  to  receive  and 
respond to customer contacts regarding any shutoff of service  and  emergency 
conditions that occur within the utility's service area.
   (d) That the names, addresses, and telephone numbers of personnel who  are 
designated and  authorized  to  receive  and  respond  to  the  requests  and 
directives of the commission regarding customer inquiries, service  requests, 
and complaints during business  hours  are  current  and  on  file  with  the 
commission. The utility shall also provide a contact for emergency situations 
that may arise after business hours.

  History: 2007 AACS.


R 460.131 Publication of procedures.
   Rule 31. (1) A utility shall prepare a pamphlet that, in easily understood 
terms, summarizes  the  rights  and  responsibilities  of  its  customers  in 
accordance with these rules and  other  applicable  provisions  of  statutes, 
rules, and tariffs.
   (2) A utility shall display the pamphlet prominently at all utility office 
locations open to the general public and make it available to  customers.   A 
utility shall also make the information available on its website.  A  utility 
shall transmit the pamphlet to each new customer  upon  the  commencement  of 
service and shall provide it at all times  upon  request.  Where  substantial 
revisions to or new information required by the provisions of subrule (3)  of 
this rule occur, the  utility  shall  provide  the  changes  to  all  current 
customers by a  bill  insert,  revised  pamphlet,  or  by  publication  in  a 
periodical that is sent to all current customers of the utility  and  to  the 
commission. The form of this transmittal shall be at the  discretion  of  the 
utility.
   (3) The pamphlet or other publication shall contain all of  the  following 
information:
   (a) Billing procedures and estimation standards.
   (b) Methods for customers to verify billing accuracy.
   (c) An explanation of the power supply cost recovery or gas cost  recovery 
procedures.
   (d) Customer payment standards and procedures.
   (e) Security deposit and guarantee standards.
   (f) Shutoff and restoration of service procedures.
   (g) Inquiry, service, and complaint procedures.
   (h) Procedures for terminating service.
   (4) Each pamphlet  shall  indicate  conspicuously  that  the  pamphlet  is 
provided in accordance with the rules of the commission.

  History: 2007 AACS.


R 460.132 Access to rules and rates.
   Rule 32. (1) A utility, except for a  rural  electric  cooperative,  shall 
provide to each customer, within 60 days of  commencing  service,  within  60 
days after issuance of a new rate case order, and at least  once  each  year, 
the following information with a copy to the commission:
   (a) A clear and concise explanation of all rates for which  that  customer 
may be eligible.
   (b) A notice that complete rate schedules are available upon request.
   (c) A notice of the availability of company assistance in determining  the 
most appropriate rate if the customer is eligible to  receive  service  under 
more than 1 rate.
   (2) A rural electric cooperative shall provide to each customer, at  least 
annually, all of the following information:
   (a) A notice that complete rate schedules are available upon request.
   (b) A notice that a clear and concise explanation of all rates  for  which 
that customer may be eligible is available upon request.
   (c) A notice of the availability of company assistance in determining  the 
most appropriate rate if the customer is eligible to  receive  service  under 
more than 1 rate.
   (3) A utility, except for a rural electric cooperative, shall  provide  to 
each customer, within 60 days after the utility has filed a general rate case 
application with the commission, all of the following information:
   (a) A notice that the utility has requested that the commission change its 
rates.
   (b) A notice that copies of the utility's application  are  available  for 
inspection at all offices of the utility and on a website.
   (c) A notice that an explanation of the proposed changes to the  utility's 
rates is available from the utility upon request.
   (4) A rural electric cooperative shall provide to each customer, within  a 
reasonable time after it has filed a general rate case application or a times 
interest  earned  ratio  ratemaking  application,  all   of   the   following 
information:
   (a) A notice that the cooperative has requested that the commission change 
its rates.
   (b) A notice that copies of the cooperative's  application  are  available 
for inspection at all offices of the cooperative.
   (c)  A  notice  that  an  explanation  of  the  proposed  changes  to  the 
cooperative's rates is available from the cooperative upon request.
   (5) A utility, including a rural electric cooperative, shall  provide  the 
notice required by the provisions of this rule either through  a  publication 
that is transmitted to each of its customers, by a bill insert,  or  whatever 
transmission method is used to provide the customer's bill and on its website.
   (6) A utility shall keep on file, at all offices of the utility, and shall 
provide public access to, all of the following documents:
   (a) A copy of these rules.
   (b) A copy of all other rules of the utility  filed  with  the  commission 
regarding customer service.
   (c) Schedules of all residential rates and charges.
   (d) Proposed rate schedules.
   (e) Clear and concise explanations of  both  existing  and  proposed  rate 
schedules.
   (f) An explanation of its power supply cost recovery or gas cost  recovery 
process.
   (7) A utility shall post suitable signs in conspicuous  locations  at  all 
bill payment offices that are operated by the utility  or  authorized  agents 
calling attention to the fact that the rules,  regulations,  rate  schedules, 
proposed rate schedules, explanations of rate schedules, and explanations  of 
proposed rate schedules are on  file  and  available  for  inspection.   Upon 
request, a utility shall provide a copy  of  these  rules,  explanations,  or 
schedules to a customer without charge.

  History: 2007 AACS.


R 460.133 Reporting requirements.
   Rule 33. A utility shall file with the commission each year by October  1, 
a report that contains detailed information concerning all of the following:
   (a) The payment performance of its customers in  relation  to  established 
due and payable periods.
   (b) The number and general description of all complaints  registered  with 
the utility.
   (c) The number of shutoff notices issued by the utility  and  the  reasons 
for the notices.
   (d) The number of hearings held by the  utility,  the  types  of  disputes 
involved, and the number of complaint determinations issued.
   (e) The number of  written  settlement  agreements  entered  into  by  the 
utility.
   (f) The number of shutoffs of service and the number of reconnections.
   (g) Any other  customer  service  quality  information  requested  by  the 
commission staff.

  History: 2007 AACS.


R 460.134 Inspection.
   Rule 34. A utility shall permit authorized  staff  of  the  commission  to 
inspect all of the utility's operations that relate to customer service.

  History: 2007 AACS.


R 460.135 Customer access to consumption data.
   Rule 35. A utility shall provide to each customer, upon request,  a  clear 
and concise statement of the customer's actual energy usage,  and/or  weather 
adjusted consumption data for each billing period during the last 12 months.
A utility shall notify its customers at least  once  each  year  by  whatever 
method is used to transmit the customers' bills, that a customer may  request 
energy usage and weather adjusted consumption data.

  History: 2007 AACS.


             PART 8. PROCEDURES FOR SHUTOFF AND RESTORATION OF SERVICE


R 460.136 Emergency shutoff.
   Rule 36. Notwithstanding any other provision of these rules, a utility may 
shut off service temporarily for reasons of health or safety or in a state or 
national emergency. When a utility shuts off service for reasons of health or 
safety, the utility shall leave a notice at the premises in  accordance  with 
the provisions of R 460.139(a), (b), and (i).

  History: 2007 AACS.


R 460.137 Shutoff permitted.
   Rule 37. Subject to the requirements of these rules, a  utility  may  shut 
off or terminate service to a residential customer for any of  the  following 
reasons:
   (a) The customer has not paid a delinquent account that accrued within the 
last 6 years.
   (b) The customer has failed to provide a deposit or guarantee permitted by 
these rules.
   (c) The customer has engaged in unauthorized use of utility service.
   (d) The customer has failed to comply with the terms and conditions  of  a 
settlement agreement.
   (e) The customer has refused to arrange access at reasonable times for the 
purpose  of  inspection,  meter  reading,  maintenance,  or  replacement   of 
equipment that is installed upon the premises, or for the removal of a meter.
   (f) The customer misrepresented his or her identity  for  the  purpose  of 
obtaining utility service or put service in  another  person's  name  without 
permission of the other person.
   (g) The customer has violated any rules of the  utility  approved  by  the 
commission so as to adversely affect the safety  of  the  customer  or  other 
persons or the integrity of the utility system.
   (h) A person living in the customer's residence is both of the following:
   (i) Has a delinquent account for service with the utility within the  past 
3 years that remains unpaid and is not in dispute.
   (ii) The customer lived in the person's residence when all or part of  the 
debt was incurred. The utility may transfer a prorated amount of the debt  to 
the customer's account, based upon the  length  of  time  that  the  customer 
resided at the person's residence. This  provision  does  not  apply  if  the 
customer was a minor while living in the person's residence.

  History: 2007 AACS.


R 460.138 Notice of shutoff.
   Rule 38. (1) A  utility  shall  not  shut  off  service  pursuant  to  the 
provisions of R 460.141 or R 460.142 unless it sends a notice to the customer 
by first-class mail or personally serves the notice not  less  than  10  days 
before the date of the proposed shut off.  The utility shall send  notice  to 
the account name and address and to the address where service is provided  if 
the service address is different and the notice  can  be  delivered  at  that 
address.  A utility shall maintain a record of the date the notice was sent.
   (2) A utility shall permit a customer to designate a consenting individual 
or agency to receive a copy of a notice of shutoff.
   (3) Not less than 30 days before the proposed  shutoff  of  service  to  a 
single-metered dwelling that is used as a residence for 3  or  more  separate 
households, a utility shall transmit a notice  to  each  dwelling  unit  that 
indicates that the customer of record, the landlord, has  failed  to  pay  an 
outstanding bill and is subject to shutoff of service on or after a specified 
date.

  History: 2007 AACS.


R 460.139 Form of notice.
   Rule 39. A notice of shutoff of service shall contain all of the following 
information:
   (a) The name and address of the customer, and the address at which service 
is provided, if different.
   (b) A clear and concise statement of the reason for the  proposed  shutoff 
of service.
   (c) The date on or after which the utility may shut  off  service,  unless 
the customer takes appropriate action.
   (d) That the customer has the right to enter into a  settlement  agreement 
with the utility if the claim is for an amount that is not in dispute and the 
customer is presently unable to pay in full.
   (e) That the customer has the right to  file  a  complaint  disputing  the 
claim of the utility before the proposed date of the shutoff of service.
   (f) That the customer has the right to request a hearing before a  hearing 
officer if  the  customer  disputes  the  reasonableness  of  the  settlement 
agreement offered by the utility or if  the  complaint  cannot  be  otherwise 
resolved and that the customer must pay to the utility that  portion  of  the 
bill that is not in dispute within 10 business days  of  the  date  that  the 
customer requests a hearing.
   (g) That the customer has the right to represent himself or herself, to be 
represented by counsel, or to be assisted by other  persons  of  his  or  her 
choice in the complaint process.
   (h) That the utility will not shut off service pending the resolution of a 
complaint that is filed with the utility or the commission in accordance with 
these rules.
   (i)The telephone number and address of the utility where the customer  may 
make inquiry, enter into a settlement agreement, or file a complaint.
   (j) That the customer should contact a social services agency  immediately 
if the customer believes he or she might be eligible for an energy assistance 
program or other emergency economic assistance and should inform the  utility 
of any efforts being made to obtain payment assistance.
   (k) That customers who believe they may be eligible for assistance from an 
energy assistance program should determine if assistance is available  before 
signing a  settlement  agreement  because  many  agencies  will  not  provide 
assistance if shutoff is avoided by signing a settlement agreement.
   (l) That the utility will postpone the shutoff of service if  a  certified 
medical emergency exists at the customer's residence or the  customer  is  an 
eligible low-income customer who is  actively  seeking  emergency  assistance 
from an energy assistance program.
  (m) That the utility may require a deposit and restoration  charge  if  the 
utility shuts off service for nonpayment  of  a  delinquent  account  or  for 
unauthorized use of utility service.
   (n) That the customer should contact the utility for information  about  a 
shutoff protection program.

  History: 2007 AACS.


R 460.140 Time of shutoff.
   Rule 40. (1) Subject to the requirements of these  rules,  a  utility  may 
shut off service to a customer on the date specified in the notice of shutoff 
or at a reasonable time following that date. If a utility does not  shut  off 
service and mails a subsequent notice, then the utility shall  not  shut  off 
service before the date specified in the  subsequent  notice.  Shutoff  shall 
occur only between the hours of 8 a.m. and 4 p.m.
   (2) A utility shall not shut off service on a day, or  a  day  immediately 
preceding a day, when the services of the utility are not  available  to  the 
general public for the purpose of restoring service and shall  not  shut  off 
service on a Friday during the space heating season to  a  customer  who  has 
defaulted on a shutoff protection program under Part 9 of these rules.

  History: 2007 AACS.


R 460.141 Manner of shutoff.
   Rule 41. (1) For an involuntary shutoff, at least 1 day before shutoff  of 
service, the utility shall make not less  than  2  attempts  to  contact  the 
customer by telephone, if a telephone number is available to the utility,  to 
advise the customer of the shutoff and what steps the customer must  take  to 
avoid shutoff. If the utility uses an automated notification system, it shall 
document the process for ensuring that at least 2 attempts are made to notify 
the customer of  the  pending  shutoff.   If  the  telephone  number  is  not 
available, the customer has no telephone, or the telephone contacts  are  not 
made, the utility shall either leave a notice at the  premises  advising  the 
customer that service will be shutoff on or after the next  business  day  or 
send notice by first-class mail postmarked at least 5  business  days  before 
shutoff of service is scheduled. The utility shall document all  attempts  to 
contact the customer.
   (2) Immediately preceding the shutoff  of  service,  an  employee  of  the 
utility who is designated to perform that function may  identify  himself  or 
herself to the customer or another responsible person at the premises and may 
announce the purpose of his or her presence.
   (3) The employee shall have in  his  or  her  possession  a  copy  of  the 
delinquent account of the customer and  request  any  available  verification 
that the outstanding claims have been satisfied or are currently in  dispute.
Unless the customer presents evidence  that  reasonably  indicates  that  the 
claim has been satisfied or is currently in dispute, the  employee  may  shut 
off service.
   (4) The employee may be authorized to accept payment and  shall  not  shut 
off service  if  the  customer  offers  payment  in  full,  together  with  a 
commission-approved  collection  charge  for  sending  the  employee  to  the 
premises, if provided in the utility's schedule of rates and tariffs.
   (5) The customer may pay in any reasonable manner, including  by  personal 
check or by credit or debit card. Payment by personal check, credit or  debit 
card is not reasonable if the customer has paid with a personal check, credit 
or debit card within the last 12  months  and  at  least  1  check  has  been 
returned for insufficient funds or no account, or at least 1 credit or  debit 
card payment has been denied excluding financial institution error.
   (6) After notice has been provided in accordance with subrule (1) of  this 
rule, and if the customer does not respond, the employee may shut off service.
   (7) When the utility employee shuts off service, the employee shall  leave 
a notice in a conspicuous place upon the  premises.  For  all  forms  printed 
after the effective date of these rules, the notice shall state that  service 
has been shut off, the address and telephone number of the utility where  the 
customer may arrange to have service restored, and that any  efforts  by  the 
customer to restore his or her own service are unlawful and dangerous.

  History: 2007 AACS.


R 460.142 Manner of shutoff for service  provided  with  remote  shutoff  and 
restoration capability.
   Rule 42. (1) For an involuntary shutoff, at least 1 day before shutoff  of 
service, the utility shall make at least 2 attempts to contact  the  customer 
by telephone, if a telephone number is available to the  utility,  to  advise 
the customer of the pending shutoff and what steps the customer must take  to 
avoid shutoff.  If the utility uses  an  automated  notification  system,  it 
shall document the process for ensuring that at least 2 attempts are made  to 
notify the customer of the pending shutoff. If the telephone  number  is  not 
available, the customer has no telephone, or the telephone contacts  are  not 
made, the utility shall either leave a notice at the  premises  advising  the 
customer that service will be shutoff on or after the next  business  day  or 
send notice by first-class mail postmarked at least 5  business  days  before 
shutoff of service is scheduled. The notice shall  conspicuously  state  that 
the disconnection of service  will  be  done  remotely  and  that  a  utility 
representative will not return to  the  premises  before  disconnection.  The 
utility shall document all attempts to contact the customer.
   (2) If the utility contacts the customer or other  responsible  person  in 
the customer's household by telephone on the day service is  to  be  shutoff, 
the utility shall inform  the  customer  or  other  responsible  person  that 
shutoff of service is imminent and the steps necessary  to  avoid  shutoff.
Unless the customer presents evidence that reasonably demonstrates  that  the 
claim is satisfied or is in dispute,  or  the  customer  makes  payment,  the 
employee may shutoff service.
   (3) If the utility mailed  the  notice  of  shutoff  to  the  customer  as 
provided in subrule (1) of this rule,  and  if  telephone  contact  with  the 
customer cannot be made or if the customer did  not  respond  to  the  notice 
provided in accordance with subrule (1) of this  rule,  no  further  customer 
contact is required on the day service is to be shutoff and the  utility  may 
shutoff service.

  History: 2007 AACS.


R 460.143 Shutoff prohibited.
   Rule 43. A utility shall not shut off service for  any  of  the  following 
reasons:
   (a) The customer has not paid for items, such as merchandise,  appliances, 
or services that are not approved by the commission as an  integral  part  of 
the utility service that is provided by the utility.
   (b) The customer has  not  paid  for  concurrent  service  received  at  a 
separate metering point, residence, or location.
   (c) The customer has not paid for a different class of service received at 
the same or a different location. The placing of more than  1  meter  at  the 
same location for the purpose of billing the usage  of  specific  residential 
energy-using devices under optional rate schedules or  provisions  is  not  a 
different class of service for the purposes of this rule.
   (d) The customer, such as a landlord, has not paid  for  service  used  by 
another person, such as a tenant. A utility may shutoff service, however,  in 
any of the following circumstances where proper notice has been given:
   (i) If the customer supplies  a  written,  notarized  statement  that  the 
premises are unoccupied.
   (ii) If the premises are occupied and the occupant agrees, in writing,  to 
the shutoff of service.
   (iii) If it is not feasible to  provide  service  to  the  occupant  as  a 
customer without a major revision of existing distribution facilities.  Where 
it is feasible to provide service, the utility shall offer the  occupant  the 
opportunity to subscribe for service in his or her own name. If the  occupant 
refuses, the utility may shut off service pursuant to these rules.
   (e) A customer, the spouse of a customer or a customer with a  spouse  who 
is called to full-time active military service by the president of the United 
States or the governor of Michigan during a  time  of  declared  national  or 
state emergency or war, except as otherwise provided in R 460.150.

  History: 2007 AACS.


R 460.144 Restoration of service.
   Rule 44. (1) After a utility  has  shut  off  service,  it  shall  restore 
service promptly upon the customer's request when the cause has been cured or 
credit arrangements satisfactory to the utility have been made.
   (2) When a utility is required to restore service at the customer's  meter 
manually, the utility shall make every effort to restore service on  the  day 
the customer requests restoration. Except for reasons beyond its control, the 
utility shall restore service not later than the first working day after  the 
customer's request.
   (3)  For  utilities  using  meter  technology  with  remote  shutoff   and 
restoration capability, service shall be restored on  the  day  the  customer 
requests restoration, except in the case of documented equipment failure.
   (4) The utility may assess the customer  a  charge,  including  reasonable 
costs, for restoring service and relocating the customer's meter as specified 
in the utility's approved schedule of rates and tariffs.

  History: 2007 AACS.


             PART 9. ENERGY ASSISTANCE AND SHUTOFF PROTECTION PROGRAMS


R 460.145 Listing of energy assistance programs.
   Rule 45. The commission shall provide a listing of all federal  and  state 
energy assistance programs and the eligibility requirements of  each  program 
to all utilities.

  History: 2007 AACS.


R 460.146 Notice of energy assistance programs.
   Rule 46. (1)  A  utility  shall  annually  inform  each  customer  of  the 
following information:
   (a) The federal and state energy assistance programs  that  are  available 
and the eligibility requirements of the programs, as provided to the  utility 
by the commission.
   (b) The medical emergency provisions of R 460.147.
   (c) The shutoff protection programs  described  in  the  provisions  of  R 
460.148 and R 460.149.
   (d) The military shutoff protections of R 460.150.
   (2) The utility shall provide the information required by  the  provisions 
of subrule (1) of this rule to residential  customers.   The  information  in 
subrule (1) of this rule may be explained on the customer's bill, or provided 
as a bill insert, or other transmittal. This information shall also be posted 
on the company's website. If the utility does not print an explanation on the 
customer's bill, then the utility shall, on the customer's bill,  direct  the 
customer to the bill insert or other transmittal.
   (3) If additional information regarding energy assistance programs becomes 
available after the utility's initial notice  to  customers,  the  commission 
shall provide that information to all utilities.  Within 60 days of receiving 
the information, the utility shall provide the new  eligibility  requirements 
or benefits levels for energy assistance programs to all of its customers and 
the new benefit levels to all customers currently enrolled in the programs.
   (4) When a customer receives a  past-due  notice  from  the  utility,  the 
utility shall  provide  the  customer  access  to  information  about  energy 
assistance programs referenced in subrules (1) and (3) of  this  rule,  which 
shall, at minimum, include a telephone number  of  a  utility  representative 
able to provide this information.

  History: 2007 AACS.


R 460.147 Medical emergency.
   Rule 47. Notwithstanding any other provision of  these  rules,  a  utility 
shall postpone the shutoff of service for  not  more  than  21  days  if  the 
customer or a member of the customer's household is a critical care  customer 
or  has  a  certified  medical  emergency  as  defined  in  R  460.102.   The 
certificate shall  identify  the  medical  condition,  any  medical  or  life 
supporting equipment being used, and the specific time  period  during  which 
the shutoff of service will aggravate  the  medical  emergency.  The  utility 
shall extend the postponement for further periods of not more than  21  days, 
not to exceed a total postponement of shutoff of service of 63 days, only  if 
the customer provides additional certificates.  If  shutoff  of  service  has 
occurred  without  any  postponement  being  obtained,  the   utility   shall 
unconditionally restore service for not more than 21 days, and shall continue 
the restoration for further periods of not more than 21 days, not to exceed a 
total restoration of service of 63 days in any 12-month period per  household 
member.   Annually,  a  utility  shall  not  be  required  to  grant  shutoff 
extensions totaling more than 126 days per household.

  History: 2007 AACS.


R 460.148 Winter protection plan for low-income customers.
   Rule 48.  (1)  Except  where  unauthorized  use  of  utility  service  has 
occurred, a utility shall not shut off  service  to  an  eligible  low-income 
customer during the space heating  season  for  nonpayment  of  a  delinquent 
account if the customer pays to the utility a monthly amount equal to  7%  of 
the estimated annual bill for the eligible customer and the eligible customer 
demonstrates, within 14 days of requesting shutoff protection, that he or she 
has made application for state or federal heating assistance. If an arrearage 
exists at the time an eligible low-income  customer  applies  for  protection 
from shutoff of service during the space heating season,  the  utility  shall 
permit the customer to  pay  the  arrearage  in  equal  monthly  installments 
between the date of application and the start of the subsequent space heating 
season.
   (2) A utility may shut off service to an eligible low-income customer  who 
does not pay the monthly amounts referred to in  subrule  (1)  of  this  rule 
after giving notice in the manner required by these rules. The utility is not 
required to offer a settlement agreement to an eligible  low-income  customer 
who fails to make the monthly payments referred to in  subrule  (1)  of  this 
rule.
   (3) If an eligible low-income customer fails to comply with the terms  and 
conditions of this rule, a utility may shut  off  service  after  giving  the 
customer notice, by personal service or first-class mail, which contains  all 
of the following information:
   (a)  The  eligible  low-income  customer  has  defaulted  on  the   winter 
protection plan.
   (b) The nature of the default.
   (c) That unless the customer makes the payments that are  past  due  under 
this rule within 10 days of the date of mailing, the  utility  may  shut  off 
service.
   (d) The date on or after which the utility may shut  off  service,  unless 
the customer takes appropriate action.
   (e) That the customer has the right to  file  a  complaint  disputing  the 
claim of the utility before the date of the proposed shutoff  of  service  by 
calling the company.
   (f) That the customer has the right to request a hearing before a  hearing 
officer if the complaint cannot be otherwise resolved and that  the  customer 
must pay to the utility that portion of the  bill  that  is  not  in  dispute 
within 7 business days of the date that the customer requests a hearing.
   (g) That the customer has the right to represent himself or herself, to be 
represented by counsel, or to be assisted by other  persons  of  his  or  her 
choice in the complaint process.
   (h) That the utility will not shut off service pending the resolution of a 
complaint that is filed with the utility or the commission in accordance with 
these rules.
   (i) The telephone number and address of the utility where the customer may 
make inquiry, enter into a settlement agreement, or file a complaint.
   (j) That the customer should contact a social services agency  immediately 
if the customer believes he or she might be eligible for  emergency  economic 
assistance.
   (k) That the utility  will  postpone  shutoff  of  service  if  a  medical 
emergency exists at the customer's residence and the  customer  provides  the 
documentation as specified in R 460.147.
   (l) That the utility may require a deposit and restoration charge  if  the 
utility shuts off service for nonpayment of winter protection monthly amounts.
   (m) That the utility will not shut off service  if  the  customer  or  the 
spouse of the customer is on active military duty.
   (4) At the conclusion of the  space  heating  season,  the  utility  shall 
reconcile the accounts of eligible low-income customers and permit  customers 
to pay any amounts owing in equal monthly installments between  April  1  and 
October 31. A utility may shut off service to eligible customers who fail  to 
make installment payments on a timely basis in the manner required  by  these 
rules.
   (5) Except where unauthorized use of utility service  has  occurred  at  a 
customer's premises within the past 2 years  and  the  bill  remains  unpaid, 
during the space heating season a  utility  shall  not  require  an  eligible 
low-income customer, whose utility service has been shut off, to  pay  a  fee 
for restoring service or a security deposit pursuant to the provisions  of  R 
460.109 or R 460.110, before applying for protection under this rule.
   (6) Except where unauthorized use of utility service has  occurred  within 
the past 2 years at the premises where the customer has resided and the  bill 
remains unpaid or safety is a concern, a utility may not  require  an  amount 
greater than 1/12 of an  arrearage  owed  in  order  to  restore  service  or 
initiate participation in the winter protection plan
   (7) Winter protection provisions of these rules do not apply to  customers 
who have been shut off or who have a pending shutoff for unauthorized use  of 
utility service within the past 2 years at the  customer's  current  premises 
until all charges are paid in accordance with  these  rules  or  satisfactory 
payment arrangements are made with the utility.
   (8) Upon request, the utility shall provide customers who  enroll  in  the 
winter protection program with documentation that they are  participating  in 
the program.
   (9) Bills issued to  customers  participating  in  the  winter  protection 
program shall clearly identify the minimum amount that the customer must  pay 
to prevent shutoff of service.  Utilities  may  bill  at  higher  amounts  to 
recover past due amounts and the  utility  may  encourage  customers  to  pay 
amounts in excess of the minimum provided that the minimum payment is clearly 
designated on the bill.
   (10) Subject to prior commission approval, a utility may offer an optional 
shutoff protection program to  its  customers,  provided  that  the  optional 
shutoff protection program offers eligibility  and  shutoff  protection  that 
meets or exceeds the eligibility criteria and customer protections  contained 
in subrule (1) of this rule.

  History: 2007 AACS.


R 460.149 Winter protection plan for senior citizens.
   Rule 49. (1) A utility shall not shutoff service  to  an  eligible  senior 
citizen customer during the space heating season.
   (2) At the customer's request, a  utility  shall  restore  service  to  an 
eligible senior citizen customer during  the  space  heating  season  without 
payment of the amount due, deposits, reconnection fees, or other charges.
   (3) At the conclusion of the  space  heating  season,  the  utility  shall 
reconcile the accounts of eligible senior citizen customers and  permit  them 
to pay any amounts owing in equal monthly installments between  April  1  and 
October 31.

  History: 2007 AACS.


R 460.150 Military protections.
   Rule 50. (1) The utility shall not shutoff service to an eligible military 
customer for a period of 90 days.  The  utility  shall  continue  to  provide 
shutoff protection for at least one additional 90-day period as long  as  the 
customer meets all of the conditions for an eligible  military  customer  and 
requests the utility to do so.  After the close of the  last  90-day  period, 
the utility shall require the customer to pay any past due amounts  in  equal 
monthly payments over a period of up to 12 months.
   (2)  The  utility  shall  provide  the  eligible  military  customer  with 
information on payment assistance programs.

  History: 2007 AACS.


              PART 10. DISPUTED CLAIM, HEARING AND SETTLEMENT AGREEMENT


R 460.151 Disputed claim.
   Rule 51. (1) If a customer  advises  a  utility,  or  if  the  utility  is 
notified by a regulation officer on behalf of a customer, before the date  of 
the proposed shutoff of service that all or part of a  bill  is  in  dispute, 
then the utility shall do all of the following:
   (a) Immediately record the date, time, and place  the  customer  made  the 
complaint and transmit verification to the customer.
   (b) Investigate the dispute promptly and completely.
   (c) Advise the customer of the results of the investigation.
   (d) Attempt to  resolve  the  dispute  informally  in  a  manner  that  is 
satisfactory to both parties.
   (e) Provide the opportunity for the customer to settle the disputed  claim 
or to satisfy any liability that is not in dispute.
   (2) A customer may advise a utility that a claim  is  in  dispute  in  any 
reasonable manner, such as by written notice, in person, by a telephone  call 
directed to the utility, or through a regulation officer.
   (3) A utility, in attempting to resolve the dispute, may employ  telephone 
communication, personal meetings, on-site visits, or any other method that is 
reasonably conducive to obtaining a settlement.

  History: 2007 AACS.


R 460.152 Utility hearing and hearing officers.
   Rule 52. (1) If the parties are unable to resolve the dispute, the utility 
shall offer the customer the opportunity for an  informal  hearing  before  a 
hearing officer selected from a list  of  hearing  officers  filed  with  the 
commission.
   (2) If the customer chooses to have  an  informal  hearing,  the  customer 
shall do both of the following:
   (a) Notify the utility within 5 business days of the utility offer  for  a 
hearing.
   (b) Pay the amount not in dispute or if the utility  and  customer  cannot 
agree, pay 50% of the disputed amount not to exceed $100.
   (3) If the customer notifies the  utility  of  the  intent  to  pursue  an 
informal hearing, then the utility shall do both of the following:
   (a) Complete the necessary investigation.
   (b) Schedule the hearing within 10 business days.
   (c) Hold the hearing within 30 business days of the customer's request for 
a hearing.
   (4) If the customer fails to pay the part of the bill that  is  determined 
under subrule (2)(b) of this rule within 10 business days of  the  date  that 
the utility sends the hearing notice, the utility may exercise its  right  to 
shut off service pursuant to these rules.
   (5) A utility shall select hearing officers on the basis  of  all  of  the 
following:
   (a) They are on the list of hearing officers on file with the commission.
   (b) They shall be notaries public qualified to administer oaths.
   (c) They shall not be engaged in any other activities for or on behalf  of 
the utility.
   (d) They shall comply with part 10 of these rules.
   (7) If the dispute is ultimately resolved in favor  of  the  customer,  in 
whole or in part, the utility shall return promptly any excess amount paid by 
the customer, with interest at the rate specified pursuant to the  provisions 
of R 460.111(7).

  History: 2007 AACS.


R 460.153 Notice of hearing.
   Rule 53. (1) The utility shall send or personally serve the customer  with 
written notice of the time, date,  and  place  of  the  hearing  on  the  day 
scheduling is determined.
   (2) The notice shall describe the hearing procedures as contained in these 
rules.
   (3) Notice shall include amount of required payment and  due  date  of  10 
business days from the date of notice.

  History: 2007 AACS.


R 460.154 Hearing procedures.
   Rule 54. (1) A utility shall  establish  hearing  procedures  that,  at  a 
minimum, shall be subject to investigation and review by  the  commission  to 
ensure the impartiality and integrity of the hearing process and that provide 
the customer and the utility with all of the following rights:
   (a) The right to represent themselves, to be represented by counsel, or to 
be assisted by persons of their choice.
   (b) The right to examine, not less than 2 business days before a scheduled 
hearing, a list of all witnesses who will testify and all documents, records, 
files, account data, and similar material that may be relevant to the  issues 
to be raised at the hearing.
   (c) The right  to  present  evidence,  testimony,  and  oral  and  written 
argument.
   (d) The right to question witnesses appearing on behalf of the other party.
   (2) A hearing shall be held during normal business hours.  A utility shall 
take reasonable steps to ensure that a customer who is  unable  to  attend  a 
hearing due to physical incapacity is not denied  the  right  to  a  hearing.
Failure of the customer, or the utility, to attend the hearing without a good 
reason, or without having requested an adjournment, constitutes a  waiver  of 
the right of that party to the hearing.
   (3) The utility has the burden of proof by a preponderance of the evidence.
   (4) All witnesses who appear for either party shall testify under oath.
   (5) A hearing shall be informal and the proceedings need not  be  recorded 
or transcribed. All relevant evidence shall be received and the formal  rules 
of evidence shall not apply.
   (6) For each hearing, the hearing officer  shall  compile  a  record  that 
contains all of the following:
   (a) A concise statement, in writing, of the position of the utility.
   (b) A concise statement, in writing, of the position of the customer.   If 
the customer has not put his or her position in  writing,  then  the  hearing 
process shall provide a  method  for  accomplishing  this  writing  with  the 
opportunity for proper acknowledgment by the customer.
   (c) Copies of all evidence submitted by the parties.
   (7) At the conclusion of the hearing, the hearing officer may orally state 
his or her findings, the decision, or adjourn  the  hearing  and  inform  the 
parties that the decision will be transmitted within 7 business days. At  the 
request of the customer, the hearing officer shall adjourn  the  hearing  and 
transmit the decision within 7 business  days.  In  all  cases,  the  hearing 
officer shall issue a complaint determination in a form that is  approved  by 
the commission.  The  complaint  determination  shall  contain  both  of  the 
following:
   (a) A concise summary of the  evidence  and  arguments  presented  by  the 
parties.
   (b) The decision, and the reasons for the decision, of the hearing officer 
based solely upon the evidence received.
   (8) At the conclusion of the  hearing  and  again  upon  issuance  of  the 
complaint determination, the hearing officer shall advise  the  customer  and 
the utility of all of the following:
   (a) That each party has  a  right  to  make  an  informal  appeal  to  the 
commission staff, by mail, telephone, internet, fax, or in person,  within  7 
business days of issuance of the complaint determination.
   (b) That, if appealed, the decision of the hearing  officer,  including  a 
finding that service may be shut off, cannot be implemented until a review by 
the commission staff is completed.
   (c) The address and telephone number where the customer or the utility may 
make an informal appeal to the commission staff.
   (9) Before issuance of a complaint determination, the hearing officer  may 
propose a settlement to the parties.  If both parties accept the  settlement, 
it shall be put in writing and signed by both parties.
   (10) Within 7 business days of the conclusion of the hearing, the  hearing 
officer shall serve the parties with all of the following:
   (a) A copy of the complaint determination.
   (b) Appeal information as provided in subrule (8) of this rule.
   (c) If applicable, a copy of the signed settlement agreement.
   (11) The complaint determination and  a  copy  of  the  signed  settlement 
agreement, if any, shall be made part of  the  hearing  record.  The  hearing 
officer shall certify the hearing record.
   (12) The complaint determination  is  binding  upon  the  parties,  unless 
appealed, as provided in these rules.

  History: 2007 AACS.


R 460.155 Settlement agreement.
   Rule 55. (1) If  the  utility  and  the  customer  arrive  at  a  mutually 
satisfactory settlement of a claim in dispute or if  the  customer  does  not 
dispute liability to the  utility,  but  claims  the  inability  to  pay  the 
outstanding bill in full,  then  a  utility  shall  offer  the  customer  the 
opportunity to enter into a settlement agreement.
   (2) The utility shall confirm the terms of the settlement  agreement  with 
the customer and shall send a signed copy of the settlement to  the  customer 
or  the  customer's  authorized  representative.  The  utility  shall  retain 
documentation of the original settlement agreement for 2 years.  In case of a 
dispute over the terms of a settlement agreement, the utility shall have  the 
burden of proving that the customer understood and accepted the terms of  the 
settlement agreement.
   (3) In negotiating a settlement agreement due to the customer's  inability 
to pay an outstanding bill  in  full,  the  utility  shall  not  require  the 
customer to pay more than a reasonable amount of the  outstanding  bill  upon 
signing the agreement and not more than  reasonable  installments  until  the 
remaining balance is paid.
   (4) For purposes of determining reasonableness, the parties shall consider 
all of the following factors:
   (a) The size of the delinquent account.
   (b) The customer's ability to pay.
   (c) The time that the debt has been outstanding.
   (d) The reasons that the customer has not paid the bill.
   (e) The customer's payment history.
   (f) Any  other  relevant  factors  concerning  the  circumstances  of  the 
customer.
   (5) A settlement agreement that is  offered  by  a  utility  shall  state, 
immediately preceding the space provided for the customer's signature and  in 
bold print that is not less than 2 sizes larger than any other print that  is 
used on the form:
"IF YOU ARE SEEKING PAYMENT ASSISTANCE FROM A SOCIAL SERVICE AGENCY,  SIGNING 
THIS AGREEMENT MAY PREVENT YOU FROM GETTING EMERGENCY ASSISTANCE. LET US KNOW 
IF YOU ARE WORKING WITH AN  AGENCY.  IF  YOU  ARE  NOT  SATISFIED  WITH  THIS 
AGREEMENT, DO NOT SIGN. YOU MAY FILE AN INFORMAL COMPLAINT AND HAVE A HEARING 
BEFORE A HEARING OFFICER BEFORE YOUR SERVICE MAY BE SHUT OFF. IF YOU DO  SIGN 
THIS AGREEMENT, YOU GIVE UP YOUR  RIGHT  TO  AN  INFORMAL  HEARING  BEFORE  A 
HEARING OFFICER ON ANY MATTER INVOLVED IN THIS DISPUTE EXCEPT  THE  UTILITY'S 
FAILURE OR REFUSAL TO FOLLOW THE TERMS OF THIS AGREEMENT.   IF  YOU  HAVE  AN 
UNEXPECTED LOSS OR REDUCTION OF INCOME AFTER THIS AGREEMENT  IS  SIGNED,  YOU 
MAY REQUEST A REVIEW AND MODIFICATION OF THIS AGREEMENT"

  History: 2007 AACS.


R 460.156 Default of settlement agreement.
   Rule 56.(1) If a customer fails to comply with the terms and conditions of 
a settlement agreement, a utility may  shut  off  service  after  giving  the 
customer a notice, by personal service or first-class mail, that contains all 
of the following information:
   (a) That the customer is in default of the settlement agreement.
   (b) The nature of the default.
   (c) That unless the customer pays in full within 10 business days  of  the 
date of mailing, the utility may shut off service.
   (d) The date on or after which the utility may shut off service.
   (e) That the customer has a right to request a hearing  before  a  hearing 
officer selected from a list  on  file  with  the  commission,  only  if  the 
customer alleges that the utility has failed or refused to follow  the  terms 
of the settlement agreement.
   (f) The address and telephone number  where  the  customer  may  file  the 
request for a hearing with the utility.
   (2) A utility is not  required  to  enter  into  a  subsequent  settlement 
agreement with a customer until he or she has complied fully with  the  terms 
of a previous  settlement  agreement,  unless  the  customer  demonstrates  a 
significant change in economic circumstances and requests a  modification  of 
the settlement agreement as provided by R 460.155(5).
   (3) A utility is not  required  to  enter  into  a  subsequent  settlement 
agreement with a customer who defaulted on the terms  and  conditions  of  an 
agreement within the last 12 months.
   (4) If the customer and utility reach a settlement agreement  following  a 
notice of shutoff, the failure of the customer to abide by the terms  of  the 
settlement agreement during the first 60 days of the agreement constitutes  a 
waiver of the notice required by subrule (1) of this rule.  The  utility  may 
shut off service after notice as described in the provisions of R 460.138,  R 
460.139, or R 460.142, if applicable.

  History: 2007 AACS.


R 460.157 Same dispute.
   Rule 57. A utility may choose not to respond to a  customer  complaint  or 
dispute that involves the same question or issue based upon the  same  facts, 
and is not required to comply with these rules more than once before  shutoff 
of service. The utility  shall  provide  notice  to  the  customer  that  the 
complaint has been dismissed under this rule.

  History: 2007 AACS.


                         PART 11. COMMISSION APPEAL PROCEDURES


R 460.158 Informal appeal.
   Rule 58. Within 7 business days after a hearing officer issues  a  written 
complaint determination, either party may make  an  informal  appeal  to  the 
commission staff.

  History: 2007 AACS.


R 460.159 Filing procedures.
   Rule 59. (1) A party may make an informal appeal in any reasonable manner.
The informal appeal need not be in writing and may be initiated by telephone, 
by internet, by mail, by fax, or in person at the offices of the commission.
   (2) The appealing party shall provide all of the following information:
   (a) Name and address of the customer.
   (b) Name of the utility involved.
   (c) The nature of the original complaint in a clear and concise manner.
   (d) The hearing officer's decision.
   (e) The relief requested.

  History: 2007 AACS.


R 460.160 Informal appeal procedures.
   Rule 60. (1) The commission staff shall assign the informal  appeal  to  a 
regulation  officer.  The  officer  shall   have   all   of   the   following 
responsibilities:
   (a) Advising the appealing party of the procedures of  the  commission  by 
telephone or in writing.
   (b) Advising the other party that an informal appeal has been filed.
   (c) Issuing interim determinations as necessary.
   (d) Reviewing or investigating the appeal as provided in these rules.
   (e) Issuing an informal appeal decision.
   (2) Upon notification by the commission staff that an informal appeal  has 
been made, the utility shall promptly file, with the  commission  staff,  the 
certified hearing  record.  The  parties  shall  be  bound  by  the  evidence 
presented at the hearing and contained in the hearing record. In arriving  at 
the informal appeal decision, the regulation officer shall not be required to 
receive or consider any additional evidence or information.
   (3) In all informal appeals, the utility has the  burden  of  proof  by  a 
preponderance of the evidence.

  History: 2007 AACS.


R 460.161 Interim determination.
   Rule 61. (1) After receiving the hearing  record  and  pending  the  final 
resolution of an informal appeal, the regulation officer may issue an interim 
determination with appropriate terms and conditions. In the case of an appeal 
regarding a bill or deposit, the regulation officer may require a customer to 
pay the undisputed portion of a claim in order to  continue  the  prohibition 
against the shutoff of service as provided in  these  rules.  The  regulation 
officer may consider the amounts that reasonably appear to reflect  the  cost 
of utility service in determining the undisputed portion of a claim.
   (2) If a customer fails to abide by the terms and conditions of an interim 
determination within 10 days of the date of personal service  or  mailing  of 
the interim determination by first-class mail, then the utility may shut  off 
service as provided in these rules.

  History: 2007 AACS.


R 460.162 Appeal review.
   Rule  62.  The  regulation  officer  shall  review  the  informal   appeal 
thoroughly and, when necessary, conduct further investigation.  A  party  may 
offer new evidence if the regulation officer determines that it is relevant.
When further investigation is necessary, the regulation officer  may  request 
additional evidence or, at his or her own initiative, may  hold  an  informal 
appeal conference with the parties or their representatives  at  a  time  and 
place designated by the officer. If either  party  fails  to  appear  at  the 
informal conference without a good reason  or  without  having  requested  an 
adjournment, the right of the absent party to appear at the conference  shall 
be waived. At an informal appeal conference, the parties may do  all  of  the 
following:
   (a) Represent themselves, be represented by counsel,  or  be  assisted  by 
other persons of their choice.
   (b) Offer oral and documentary evidence, which may be  considered  at  the 
discretion of the regulation officer.
   (c) Refute, in a reasonable manner, the evidence of the other party.
   (d) Submit an oral or written statement of position.

  History: 2007 AACS.


R 460.163 Shutoff pending decision.
   Rule 63. A utility shall not shut off service or issue a notice of shutoff 
related to the matter in dispute  pending  the  decision  of  the  commission 
staff, except pursuant to the terms of an interim determination.

  History: 2007 AACS.


R 460.164 Informal appeal decision.
   Rule 64. The regulation officer shall, within 30 days  after  the  utility 
files  the  certified  record,  issue  a  written  informal  appeal  decision 
affirming, modifying, or reversing the  informal  hearing  determination.  In 
reversing or modifying the informal hearing determination, the decision shall 
set forth the terms and conditions  for  continued  service,  shutoff,  or  a 
proposed settlement agreement as required by the facts and circumstances. The 
decision shall state the relevant findings  of  fact,  the  reasons  for  the 
decision, and remedies  for  failure  to  comply  with  the  informal  appeal 
decision. A copy of the informal appeal decision shall be served  personally, 
or by first-class mail, on the parties.

  History: 2007 AACS.


R 460.165 Failure to comply with informal appeal decision.
   Rule 65. Failure of either party to comply with  the  decision  within  10 
days from the date of service by mailing shall permit implementation  of  the 
action or remedy provided by the decision.

  History: 2007 AACS.


R 460.166 Same dispute.
   Rule 66. The commission staff may dismiss  a  subsequent  informal  appeal 
that involves the same question or issue based upon the  same  facts  without 
following every procedure set forth in these rules.

  History: 2007 AACS.


R 460.167 Formal appeal.
   Rule 67. Either party may appeal the decision of the regulation officer by 
filing a formal hearing request in accordance with the rules of practice  and 
procedure before the commission. If a formal hearing request  is  filed,  the 
terms of the informal appeal  decision  shall  be  held  in  abeyance  unless 
otherwise ordered by the commission or the presiding officer who is  assigned 
to the formal complaint.

  History: 2007 AACS.


R 460.168 Other remedies.
  Rule 68. Nothing in these provisions shall be construed to prevent a  party 
from pursuing appropriate legal and equitable remedies at any time.

  History: 2007 AACS.


R 460.169 Scope of rules.
   Rule 69. (1) Nothing contained in these rules covering consumer  standards 
and billing practices shall be implemented in a manner that circumvents or is 
inconsistent  with  utility  rules,  orders,  or  tariffs  approved  by   the 
commission to ensure the safe and reliable delivery of energy service.
   (2) After notice and an opportunity to be heard, utilities  determined  by 
the commission to be in violation of these rules  shall  be  subject  to  all 
damages and fines contained within the statutes under which these  rules  are 
promulgated.
   (3) Upon written request of a person, utility, or on its own  motion,  the 
commission may temporarily waive any requirements  of  these  rules  when  it 
determines the waiver will further the effective and efficient administration 
of these rules and is in the public interest.

  History: 2007 AACS.