DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS  
PUBLIC SERVICE COMMISSION  
CONSUMER STANDARDS AND BILLING PRACTICES  
FOR ELECTRIC AND NATURAL GAS SERVICE  
(By authority conferred on the public service commission by section 7 of 1909 PA  
106, MCL 460.557, section 2 of 1909 PA 300, MCL 462.2, section 5 of 1919 PA 419,  
MCL 460.55, sections 4 and 6 of 1939 PA 3, MCL 460.4 and 460.6, and sections 3, 9,  
and 231 of the Executive organization act of 1965, 1965 PA 380, MCL 16.103, 16.109,  
and 16.331, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-  
4, MCL 445.2001, 445.2011, 445.2025, and 445.2030.)  
R 460.101 Applicability; purpose.  
Rule 1. (1) These rules apply to utility service that is provided by electric and  
natural gas utilities that are subject to the jurisdiction of the public service commission.  
(2) These rules are intended to promote safe and adequate service to the public and  
to provide standards for uniform and reasonable practices by electric and natural gas  
utilities in dealing with residential and nonresidential customers.  
(3) These rules do not relieve a utility from any of its duties under the laws of this  
state.  
History: 2007 AACS; 2017 AACS.  
R 460.101a Scope of rules.  
Rule 1a. (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: 2017 AACS.  
R 460.102 Definitions; A to F.  
Rule 2. As used in these rules:  
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(a) "Actual meter reading" means a natural gas or electric meter reading that is  
based on the customer's actual energy use during the period reported and that complies  
with 1 of the following:  
(i) Performed by a utility representative.  
(ii) Performed by the customer and communicated to the company by mail,  
telephone, fax, on a secure company website, or other reasonable means.  
(iii) Transmitted to the utility from the meter through a secure communication  
channel, or by an automated or remote meter reading device.  
(b) "Aggregate data" means any customer account information from which all  
identifying information has been removed so that the individual data or information of a  
customer cannot be associated with that customer without extraordinary effort.  
(c) “Answer” means that a utility representative, voice response unit, or automated  
operator system is ready to render assistance or ready to accept information necessary to  
process the call.  
(d) "Applicant" means an emancipated minor, an individual 18 years of age or  
older, or a business entity requesting utility electric or natural gas service in the name of  
that individual or entity.  
(e) "Billing error" means an undercharge or overcharge that is caused by any of the  
following:  
(i) An incorrect actual meter reading by a company representative.  
(ii) An incorrect remote meter reading.  
(iii) An incorrect meter constant or pressure factor.  
(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) Failure to provide a monthly bill to the customer at the end of a billing cycle  
except as provided in these rules or other relevant tariffs.  
(viii) 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 reading or a customer reading is not a  
billing error.  
(f) "Billing month" means a natural gas or electric consumption period of not less  
than 26 days or more than 35 days.  
(g) "Billing specialist" means a representative of a utility who investigates and  
resolves meter reading discrepancies or errors.  
(h) “Call” means a measurable effort by a customer to obtain a telephone  
connection whether the connection is completed or not.  
(i) “Call blockage factor” means the percentage of calls that do not get answered.  
(j) "Commission" means the Michigan public service commission.  
(k) "Complaint determination" means the written decision of a hearing officer after  
a customer hearing.  
(l) “Complaint response” or “response” means a communication between the utility  
and the customer that identifies the problem and a solution to the complaint.  
(m) “Complaint response factor” means the annual percentage of the complaints  
forwarded to a utility by the commission that are responded to within the time period  
prescribed by these rules.  
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(n) “Critical care customer" means any customer that requires, or has a household  
member who requires, home medical equipment or a life support system, and that, on an  
annual basis, provides a commission-approved medical certification form 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.  
(o) “Customer” means an account holder that purchases electric or natural gas  
service from a utility.  
(p) “Customer hearing” means a hearing on a disputed matter before a hearing  
officer that a utility offers to a customer under the provisions of R 460.155.  
(q) "Cycle billing" means a system that renders bills for utility service to various  
customers on different days of a calendar month.  
(r) "Delinquent account" means an account with charges for utility service that  
remains unpaid 5 days or more after the due date.  
(s) "Eligible low-income customer" means a utility customer whose household  
income does not exceed 150% of the federal poverty guidelines as published annually in  
the Federal Register by the United States Department of Health and Human Services  
under its authority to revise the poverty line under 42 USC 9902, or who receives any of  
the following:  
(i) Supplemental security income from the Social Security Administration or low-  
income assistance through the department of health and human services or a successor  
agency.  
(ii) Food stamps.  
(iii) Medicaid.  
(t) "Eligible military customer" means a utility customer or spouse of a customer  
who is in the military and 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.  
(u) "Eligible senior citizen customer" means a utility customer who meets both of  
the following criteria:  
(i) Is 65 years of age or older.  
(ii) Advises the utility of his or her eligibility.  
(v) "Energy assistance program" means a program that provides financial assistance  
or assistance in improving residential energy efficiency and energy conservation.  
(w) "Energy usage" means the consumption of electricity or natural gas.  
(x) "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 natural gas or electricity a customer likely used during the billing period.  
(y) "Formal hearing" means a dispute resolution process administered by an  
administrative law judge pursuant to these rules, applicable tariffs, and R 792.10101 to R  
792.11903 concerning practice and procedure before the commission.  
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(z) "Formal hearing request" means a document describing how a regulated utility  
has violated these rules, a commission order, or a tariff that is presented in writing to the  
executive secretary of the commission.  
History: 2007 AACS; 2017 AACS; 2023 MR 7, Eff. April 10, 2023.  
R 460.102a Definitions; G to P.  
Rule 2a. As used in these rules:  
(a) "Gas cost recovery" means the adjustment in rates to recognize the cost of  
purchased natural gas.  
(b) "Hearing officer" means a notary public who is qualified to administer oaths to  
conduct customer hearings against the utility company and who is on a list filed with the  
commission.  
(c) "Heating season" means the period between November 1 and March 31.  
(d) "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.  
(e) "Informal complaint" means a matter that requires follow-up action or  
investigation by the utility or the commission to resolve the matter without a customer  
hearing or formal hearing.  
(f) "Inquiry" means a question regarding a utility matter that is asked by the  
customer and answered by the utility or the commission.  
(g) "Large nonresidential customer" means a nonresidential customer with usage of  
300 Mcf or more of natural gas per year or 30,000 kWh or more of electric usage per  
year, including schools and centrally metered apartment buildings.  
(h) "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.  
(i) "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 a commission-approved medical certification form, that will be  
aggravated by the lack of utility service.  
(j) "Meter" means a utility-owned device that measures the quantity of natural gas  
used by a customer, including a device that measures the heat content of natural gas or a  
utility-owned device that measures and registers the amount of electrical power used.  
(k) “Meter creep” means a continuous apparent accumulation of energy in a meter  
with voltage applied and the load terminals open circuited.  
(l) "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.  
(m) "New customer" means a customer that has not received the utility's service  
within the previous 6 years.  
(n) "Occupant" means an individual or entity, other than the customer of record,  
occupying a premises.  
(o) "Peak season" means the period during which a utility experiences its maximum  
demand for electric or natural gas service.  
(p) "Positive identification information" means a consistently used appropriate  
identification including, but not limited to, either of the following:  
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(i) A driver license, identification card issued by a state, United States military card,  
United States military dependent's identification card, Native American tribal document,  
passport, or other government-issued identification containing a photograph.  
(ii) Articles of incorporation, tax identification documents, business license,  
certificate of authority, or similar documents proving identity of a business.  
(q) "Power supply cost recovery" means the adjustment in rates to recognize the  
cost of purchased power and fuel for electric generation.  
(r) "Prepaid service" means a commission-authorized plan that entitles a utility to  
receive payments for service to a customer’s premises in advance of the customer’s  
actual usage of the service.  
(s) "Previous customer" means a customer that has received the utility's service  
within the previous 6 years but is not currently receiving service.  
(t) "Primary purpose" means the collection, use, or disclosure of information that a  
utility collects or a customer supplies when an authorized business need exists or as an  
emergency response requires in order to do any of the following:  
(i) Provide, bill, or collect for regulated electric or natural gas service.  
(ii) Provide for system, grid, or operational needs.  
(iii) Provide services as state or federal law requires or as the utility’s approved  
tariff specifically authorizes.  
(iv) Plan, implement, or evaluate programs, products, or services related to energy  
assistance, demand response, energy management, or energy efficiency.  
History: 2017 AACS; 2023 MR 7, Eff. April 10, 2023.  
R 460.102b Definitions; Q to Z.  
Rule 2b. As used in these rules:  
(a) "Regulation officer" means a member of the commission staff who resolves  
complaints pursuant to these rules.  
(b) "Remote shutoff and restoration capability" means the ability to terminate or restore  
service to a premises from another location.  
(c) "Residential service or use" means the provision or use of electricity or natural gas  
for residential purposes.  
(d) "Satisfactory payment history" means that a customer's account was not delinquent  
more than 1 time in the past 12 months.  
(e) "Seasonally billed customer" means a customer who is billed on a seasonal basis  
pursuant to a utility tariff that is approved by the commission.  
(f) "Secondary purpose" means any purpose that is not a primary purpose.  
(g) "Settlement agreement" means a documented agreement that is entered into by a  
customer and a utility and that resolves any matter in dispute.  
(h) "Shutoff of service" means a discontinuance of utility service that is not requested  
by a customer.  
(i) "Small nonresidential customer" means a nonresidential customer with usage of less  
than 300 Mcf of natural gas per year or less than 30,000 kWh of electric usage per year,  
including schools and centrally metered apartment buildings.  
(j) "Termination of service" means a discontinuance of utility service that is requested  
by a customer or when there is no customer of record.  
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(k) "Third party" means a person or entity that has no contractual relationship with the  
utility to perform services or act on behalf of the utility or customer.  
(l) "Unauthorized use of utility service" or “unauthorized use” means theft,  
fraud, interference, or diversion of service, including but not limited to, meter  
tampering which is any act that affects the proper registration of service through a meter;  
by-passing which is 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.  
(m) "Utility" means a firm, corporation, cooperative, association, or other legal entity  
that is subject to the jurisdiction of the commission and that provides electric or gas  
service.  
History: 2017 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  
Rule 6. (1) Applicants for service may become 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 all of the  
following:  
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(a) Provide positive identification information.  
(b) Upon request, show ownership or a lease for the property where service will be  
rendered if applying to be a nonresidential customer.  
(c) Pay a deposit, if required by these rules.  
(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; 2017 AACS; 2023 MR 7, Eff. April 10, 2023.  
R 460.107 Residential service account requirements.  
Rule 7. (1) A utility, applicant, or customer may request the addition of more than 1  
adult on the residential service account by meeting both of the following requirements:  
(a) The utility obtains documented approval from both the applicant and the  
additional adult.  
(b) The additional adult provides positive identification information.  
(2) If the applicant is renting the premises for which residential 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. A utility may verify a lease by requesting a lease  
agreement containing notarized signatures of the landlord and tenant or by obtaining  
contact information for the landlord.  
(3) A utility may require proof of ownership if an applicant is requesting residential  
service for a premises he or she has purchased.  
(4) An occupant shall establish an account with a utility within 30 business days of  
taking occupancy or ownership, whichever comes first, except where residential service  
is included in a lease. An occupant who is an individual must be at least 18 years of age  
or an emancipated minor.  
(5) If a customer ceases to live in a residence while another occupant continues to live  
in the residence, both of the following requirements shall be met:  
(a) The customer shall notify the utility pursuant to R 460.127 that he or she is  
discontinuing service.  
(b) An occupant desiring to continue utility service at that address shall establish an  
account in his or her name within 30 days of the customer's notification of termination of  
service, or, if the customer fails to notify the utility, within 30 days of the date the  
customer ceases to reside at the address. A utility may hold an occupant who fails to  
establish an account under this subdivision responsible for the use of the utility service  
after the customer has ceased to reside at the residence. The utility shall not back bill the  
occupant for a period longer than 24 months from the date the customer terminated  
service, or, if the customer has failed to notify the utility of the termination of service,  
from the date that the utility first discovered the customer's change in residency.  
History: 2007 AACS; 2017 AACS; 2023 MR 7, Eff. April 10, 2023.  
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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 utility 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; 2017 AACS.  
R 460.109 Deposit for residential customer.  
Rule 9. (1) A utility may require a deposit as a condition of providing, restoring, or  
continuing residential service to an applicant or customer if any of the following  
provisions apply:  
(a) At the time of the request for service, the applicant or customer has an unpaid  
balance for electric or natural gas service that accrued within the last 6 years and that  
remains unpaid and is not in dispute.  
(b) The applicant or customer misrepresents his or her identity or credit standing.  
(c) The applicant or customer fails to provide positive identification information upon  
request at the time of applying for new service.  
(d) The applicant or customer requests service for a location at which he or she does not  
reside.  
(e) The applicant or customer 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 and 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.  
Page 8  
(g) The customer or applicant has sought relief under federal bankruptcy laws within  
the last 6 years.  
(h) Within the past 3 years, the customer or applicant lived in a residence with a person  
under all of the following circumstances:  
(i) The person accrued a delinquent account for electric or natural gas service to the  
shared residence during the time the customer or applicant lived there.  
(ii) The delinquent account remains unpaid and is not in dispute.  
(iii) The person with the delinquent account now resides with the applicant.  
(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 or continuing service to a current  
residential customer if any of the following provisions apply:  
(a) The department of health and human services or its successor agency is currently  
making or has committed to making a payment or payments to the utility on behalf of the  
applicant.  
(b) The applicant or customer 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 natural gas or electric utility.  
History: 2007 AACS; 2017 AACS.  
R 460.110 Rescinded.  
History: 2007 AACS; 2017 AACS.  
R 460.111 General deposit conditions for residential customers.  
Rule 11. (1) All of the following apply to payment of deposits for residential service:  
(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 for residential  
service 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(1)(h), 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 heating season due to a shutoff of service for  
nonpayment within the past 12 months, shall not exceed the utility system average  
monthly natural gas bill for natural gas residential service or the utility system average  
Page 9  
monthly electric bill for electric residential service. If the customer receives natural gas  
and electric residential service from a combination utility, the deposit shall not exceed the  
total of the utility's combined system average monthly natural gas and electric bills.  
(4) A deposit that is required as a condition of providing, restoring, or continuing  
residential service due to unauthorized use of utility service shall not be more than either  
of the following:  
(a) Four times the average peak season monthly bill for the premises if the customer's  
consumption history for the premises is available.  
(b) Four times the utility's system average peak season monthly bill for residential  
service if the customer's consumption history for the premises is unavailable.  
(5) The utility may also require payment of the delinquent account and approved  
charges as a condition of providing, restoring, or continuing residential 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.  
(6) 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  
residential service, the utility shall not assess a deposit if the customer has been receiving  
service for 30 days or more.  
(7) Except in the case of unauthorized use of utility service, if the utility shuts off  
residential 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 payment plan as provided in Part 10 of  
these rules, R 460.154 to R 460.159.  
(8) A utility shall pay interest at the rate of 5% per annum on all deposits. A utility shall  
credit interest semiannually to the residential service account of the customer or pay it  
upon the return of the deposit, whichever occurs first.  
(9) 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 residential 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.  
(10) 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.  
(11) For customers terminating residential 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.  
(12) A utility shall maintain a detailed record of all deposits received for residential  
service. The record shall show all of the following information:  
(a) The name and address of the depositor and either the applicant or customer.  
(b) The location served by the utility at the time of making the deposit and each  
successive location while the deposit is retained.  
(c) The amount and date of the deposit.  
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(d) The dates the utility paid interest and the amounts.  
(e) Each transaction concerning the deposit.  
(f) The terms and conditions governing the return of the deposit.  
(13) A utility shall provide the applicant or customer with a receipt for the deposit and  
instructions regarding how a person who is entitled to the return of his or her deposit may  
obtain the deposit.  
(14) A utility shall make reasonable efforts to locate applicants or customers with  
unclaimed deposits or credits.  
(15) A utility shall apply deposit standards uniformly to all applicants and customers. A  
utility shall provide to any person who objects to paying a deposit information on the  
process to contest the deposit requirement.  
History: 2007 AACS; 2017 AACS.  
R 460.111a General deposit conditions for nonresidential customers.  
Rule 11a. (1) A utility may require a deposit from a customer or applicant as a  
condition of receiving or continuing nonresidential service if 1 of the following  
conditions applies:  
(a) The customer or applicant has an unfavorable credit rating with a credit reporting  
agency.  
(b) The customer or applicant has an unpaid delinquent bill for natural gas or electric  
service.  
(c) The customer or applicant has engaged in unauthorized use of utility service within  
the last 6 years.  
(d) Two or more shutoff notices have been issued within the most recent 12-month  
period.  
(e) Service has been discontinued for nonpayment.  
(f) An unsatisfactory record of bill payment within the first 6 months after service  
commenced exists.  
(2) If a deposit for nonresidential service is required, all of the following limitations  
apply:  
(a) A deposit for small nonresidential customers shall not be more than 15% of the  
customer's annual electric or natural gas bill.  
(b) Large nonresidential customers may be required to pay a deposit equal to 25% of  
the customer's annual electric or natural gas bill.  
(c) If a customer or applicant has engaged in unauthorized use of utility service, the  
deposit shall not be more than 4 times the average peak season monthly bill, or 4 times  
the utility's system average peak season monthly bill for the same class of service if the  
customer's consumption history for the service is unavailable.  
(3) During the heating season, a small nonresidential customer shall not pay a deposit  
unless that customer has been shut off for nonpayment during the prior 12 months. A  
customer deposit under this subrule may not exceed the customer's average monthly bill.  
(4) A utility may retain a deposit for nonresidential service until the customer accrues a  
record of 12 continuous months of bill payment on or before the due date.  
Page 11  
(5) A utility shall pay interest at the rate of 5% per annum on all deposits for  
nonresidential service. A utility shall credit interest semiannually to the customer's  
service account or pay it upon the return of the deposit, whichever occurs first.  
(6) If nonresidential service is terminated, the utility may apply the deposit, plus  
accrued interest, to the customer's unpaid balance. If the deposit plus the accrued interest  
is more than the unpaid balance, then the utility shall return the excess to the customer.  
(7) A utility shall maintain a detailed record of all deposits received for nonresidential  
service. The record shall show all of the following information:  
(a) The name and address of the depositor and applicant or customer.  
(b) The location served by the utility at the time of making the deposit and each  
successive location while the deposit is retained.  
(c) The amount and date of the deposit.  
(d) The dates the utility paid interest and the amounts.  
(e) Each transaction concerning the deposit.  
(f) The terms and conditions governing the return of the deposit.  
(8) A utility shall provide the nonresidential customer or applicant with a receipt for  
the deposit and instructions regarding how a customer who is entitled to the return of the  
deposit may obtain it.  
(9) The utility shall make reasonable efforts to locate customers due unclaimed  
deposits and credits for nonresidential service.  
(10) Each utility shall, within 60 days of the effective date of this rule, transmit a  
notice explaining the conditions under which a deposit for nonresidential service may be  
required to all existing customers. This notice shall also be provided to new customers  
within 30 days after service has commenced or, at the utility's option, with the first bill  
rendered.  
(11) The utility may, at its option, accept an irrevocable financial institution letter of  
credit, a surety bond, or other corporate guarantee instead of a deposit for nonresidential  
service.  
History: 2017 AACS.  
R 460.112 Guarantee terms and conditions for residential customers.  
Rule 12. (1) A guarantee for residential service 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 residential 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 for residential service because of unauthorized use  
of utility service for 36 months.  
Page 12  
(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; 2017 AACS.  
PART 4. METER READING PROCEDURES, METER ACCURACY,  
METER ERRORS AND METER RELOCATION  
R 460.113 Actual and estimated meter reading.  
Rule 13. (1) Except as specified in these rules, a utility shall provide all customers with  
an actual meter reading each billing month.  
(2) A utility shall outline in its tariff a process that addresses missing or invalid usage  
data affecting the amount billed to a customer and that ensures the amount billed during  
the billing period is appropriate.  
(3) A utility may estimate a meter reading under any of the following circumstances:  
(a) An actual meter reading cannot be obtained by any reasonable or applicable method  
described in R 460.102.  
(b) An automated or remote meter reading device is not functioning and customer  
usage data cannot be retrieved.  
(c) A utility meter reader does not have access to the meter.  
(d) There is a condition at the meter location that puts the meter reader's safety at risk.  
(e) The utility bills the customer seasonally in accordance with its commission-  
approved tariffs.  
(4) If a utility estimates a meter reading pursuant to subrule (3)(c) or (3)(d) of this rule,  
the utility shall notify the customer of all of the following information:  
(i) The reason for the estimated reading.  
(ii) Safe access must be provided.  
(iii) A customer has the option of reading the meter and submitting the actual meter  
reading to the utility pursuant to these rules.  
(iv) A utility may install a remote meter, actual meter reading device, or other similar  
device that provides the utility with an actual meter reading.  
(5) If a meter reading equipment failure occurs, the utility shall make all reasonable  
efforts to replace or repair equipment so that not more than 2 estimated bills are issued.  
(6) A utility shall not use estimated meter reads to deny residential customers the  
benefit of a lower-tiered rate, if available.  
(7) If a utility cannot obtain an actual meter reading, then the utility shall maintain  
records of the efforts made to obtain such a reading and its reasons for failing to obtain it.  
(8) 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. A  
utility shall submit any substantive changes to its billing estimation procedures to the  
commission for approval.  
Page 13  
(9) An estimated bill that is generated because the actual meter reading 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.  
(10) If a utility shuts off service due to nonpayment, the utility shall complete a final  
reading, or, if unable to obtain an actual meter reading after reasonable attempts, the  
utility may estimate the bill.  
(11) If a utility estimates a customer's bill for 2 or more consecutive months and an  
actual meter reading is then obtained, the utility shall offer the residential and small  
nonresidential customer the opportunity to pay the bill over the same number of months  
as consecutively estimated bills. This subrule does not apply if the utility cannot obtain  
access to the meter and the customer fails to provide an actual meter reading if requested  
by the utility.  
History: 2007 AACS; 2017 AACS.  
R 460.114 Customer meter reading.  
Rule 14. A utility shall provide residential and small nonresidential customers with the  
opportunity to read and report energy usage provided that 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; 2017 AACS.  
R 460.115 Meter accuracy and errors for electric and gas customers.  
Rule 15. (1) Meters with actual meter 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 utility shall repair or replace the meter.  
(2) A utility shall calculate the period and amount of inaccuracy of electric meters  
pursuant to R 460.3101 to R 460.3804. A utility shall calculate the period and amount of  
inaccuracy of gas meters pursuant to R 460.2302 to R 460.2384.  
(3) If a utility finds that an electric or gas meter has an average meter accuracy less  
than 98% or more than 102%, an adjustment for bills for the inaccuracy may be made in  
the case of under registration and must be made in the case of over registration.  
(4) Notwithstanding the provisions of any other rule, except in the case of  
unauthorized use of utility service, back billing of customers or refunds to customers for  
meter errors is limited to the 12-month period immediately preceding discovery of the  
error. The customer shall be given a reasonable time in which to pay the amount of the  
back billing, after consideration of the amount of the back bill and the duration of the  
Page 14  
inaccuracy, and service shall not be shut off during this time for nonpayment of the  
amount of the back billing if the customer is complying with the repayment agreement.  
(5) If the amount due the utility is more than $5.00, the utility may bill the customer  
for the amount due. The utility shall offer the customer reasonable payment  
arrangements for the amount due. The bill for the undercharge may not include interest.  
(6) If the amount of the refund due an existing or previous customer as the result of  
meter over registration is less than $5.00, a refund is not required to be made. Paid  
overcharges must be credited to the existing customer or paid to a previous customer with  
5% interest, commencing on the sixtieth day following payment.  
History: 2007 AACS; 2017 AACS; 2023 MR 7, Eff. April 10, 2023.  
R 460.115a Meter accuracy and errors for electric customers only.  
Rule 15a. (1) An adjustment of bills for service for the period of inaccuracy must be  
made for over registration and may be made for under registration pursuant to any of the  
following conditions:  
(a) A mechanical meter creeps.  
(b) A metering installation is found upon any test to have an average inaccuracy of  
more than 2%.  
(c) A meter registration has been found to be inaccurate due to apparent tampering  
by a person or persons known or unknown.  
(2) The amount of the adjustment of the bills for service must be calculated on the  
basis that the metering equipment is 100% accurate with respect to the testing equipment  
used to make the test. The average accuracy of watt-hour meters must be calculated  
pursuant to R 460.3616.  
(3) If the date when the inaccuracy in registration began can be determined, then  
that date must be the starting point for determining the amount of the adjustment and is  
subject to R 460.115.  
(4) If the date when the inaccuracy in registration cannot be determined, then it is  
assumed that the inaccuracy existed for the period of time immediately preceding  
discovery of the inaccuracy that is equal to 1/2 of the time since the meter was installed  
on the present premises, 1/2 of the time since the last test, or 6 years, whichever is the  
shortest period of time, except as otherwise provided in subrule (5) of this rule and  
subject to R 460.115(4).  
(5) The inaccuracy in registration due to creep must be calculated by timing the rate  
of creeping under R 460.3101 to R 460.3804 and by assuming that the creeping affected  
the registration of the meter for the period of time immediately preceding discovery to the  
inaccuracy that is equal to 1/4 of the time since the meter was installed on the present  
premises, 1/4 of the time since the last test, or 6 years, whichever is the shortest period of  
time subject to R 460.115(4).  
(6) If the average inaccuracy cannot be determined by test because part, or all, of  
the metering equipment is inoperative, then the utility may use the registration of check  
metering installations, if any, or estimate the quantity of energy consumed based on  
available data. The utility shall advise the customer of the metering equipment failure  
and of the basis for the estimate of the quantity billed. The same periods of inaccuracy  
must be used as explained in this rule.  
Page 15  
(7) Recalculation of bills must be made on the basis of the recalculated monthly  
consumption.  
(8) Refunds must be made to the 2 most recent customers that received service  
through the meter found to be inaccurate. If a former customer of the utility, a notice of  
the amount of the refund must be mailed to the customer at the customer’s last known  
address. Upon demand made by the customer within 3 months of mailing of the notice,  
the utility shall forward the refund to the customer.  
(9) If the external meter display is not operating so that the customer can determine  
the energy used, but the meter is recording energy correctly, then no adjustment is  
required. The utility shall repair or replace the meter promptly upon discovery of the  
failure.  
History: 2023 MR 7, Eff. April 10, 2023.  
R 460.116 Meter relocation.  
Rule 16. (1) 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 or utility facilities.  
(b) The customer, its authorized agent, 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 or other utility facilities.  
(2) If the utility moves the meter for reasons other than the reasons listed under  
subrule (1) 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; 2017 AACS.  
PART 5. BILLING AND PAYMENT STANDARDS  
R 460.117 Bill information.  
Rule 17. (1) Except for prepaid service, the utility shall bill each customer promptly  
after reading the meter. The bill shall state clearly all of the following information:  
(a) The beginning and ending actual meter readings and dates for the billing period.  
(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.  
Page 16  
(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) The applicable 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 commission.  
(n) For nonresidential customers, the bills shall contain all of the following:  
(i) The date by which the customer must pay the bill to benefit from any discount or to  
avoid any penalty.  
(ii) Any conversions from meter reading units to billing units, any calculations to  
determine billing units from recording or other devices, or any other factors, such as  
power supply cost recovery adjustments, used in determining the bill. A statement may  
appear on the bill advising the customer that the information can be obtained by  
contacting the utility. Any multiplier used to determine billing units shall be shown when  
used.  
(iii) If the billing period differs from the meter reading cycle and the reading data is  
calculated from actual metered data, then the actual meter reading shall be shown on the  
bill.  
(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.  
History: 2007 AACS; 2017 AACS.  
R 460.118 Electronic billing requirements.  
Rule 18. Any utility wishing to issue billing statements electronically shall comply with  
all of the following requirements:  
(a) A customer shall not be required to use electronic billing.  
(b) No enrollment or usage fees shall be assessed to a customer who chooses to receive  
bills or customer information electronically.  
(c) The electronic billing statement shall include, at minimum, all information listed in  
R 460.117.  
(d) The company shall maintain a secure and encrypted site to be accessed by the  
customer after completing a secure registration process.  
(e) The utility may require that the customer use a password or security question to  
access the electronic 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 electronic payments shall be clearly displayed in the payment  
window.  
Page 17  
(g) Any payment made electronically shall be treated as a payment to the company  
business office.  
(h) Use of the electronic 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; 2017 AACS.  
R 460.119 Separate bill; consolidation and balance transfers for residential and  
small nonresidential customers.  
Rule 19. (1) A utility shall transmit a separate bill pursuant to R 460.117 for service  
to residential and small nonresidential customers provided at each service location.  
(2) A utility may consolidate 2 or more active accounts with the documented  
authorization of the residential or small nonresidential customer.  
(3) Notwithstanding the provisions of subrule (1) of this rule, if there is a shutoff or  
termination of service at a separate metering point, residence, or other location  
pursuant to these rules, then a utility may transfer an unpaid balance to any other account  
of the customer if either of the following requirements are met:  
(a) Unpaid balances from residential accounts are only transferred to another  
residential service account of that customer.  
(b) Unpaid balances from any nonresidential account are only transferred to another  
nonresidential account of that customer.  
(4) The utility shall have positive identification information that shows that the  
residential or small nonresidential customer is the same at both residences or locations  
and shall present that information to the customer upon request.  
(5) When a utility transfers an unpaid balance, the utility shall provide the residential  
or small nonresidential customer with a written notice of the balance transfer, the balance  
transfer address, the amount of the transfer, the commission rule that allows the transfer,  
and the process for refuting the action.  
History: 2007 AACS; 2017 AACS.  
R 460.120 Billing frequency; method of delivery.  
Rule 20. (1) A utility shall send a bill each billing month to its customers pursuant to  
the approved rate schedules unless the utility and the customer agree to another billing  
interval or the commission approves an alternative billing frequency method. A utility  
shall send a bill to customers by mail unless the utility and the customer agree to another  
method of delivery.  
(2) A utility that is authorized to bill customers seasonally or use a customer-read  
system shall send a bill pursuant to the tariffs approved by the commission.  
(3) A bill shall be mailed, transmitted, or delivered to the customer not less than 21  
days before the due date. Failure to receive a bill properly mailed, transmitted, or  
delivered by the utility does not extend the due date.  
(4) A 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  
Page 18  
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.  
(5) Customers who use electronic billing and payment shall have the same rights and  
responsibilities as customers who use paper bills and payment by United States mail.  
History: 2007 AACS; 2017 AACS.  
R 460.121 Equal monthly billing.  
Rule 21. Upon a residential customer’s request, a utility shall bill a residential 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  
residential 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 residential customer's account.  
History: 2007 AACS; 2017 AACS.  
R 460.122 Cycle billing.  
Rule 22. A utility may use cycle billing if a 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; 2017 AACS.  
R 460.123 Payment of bill.  
Rule 23. (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 and the utility agree on a  
different due date. A utility shall not withdraw funds from a customer’s 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) Except as otherwise provided in subrule (3) of this rule, a utility shall not attempt to  
recover from a 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) To avoid shut off of residential service pursuant to R 460.137(2)(b), when an  
occupant has lived with a residential customer within the last 3 years, currently resides  
with the customer, and the customer has a delinquent account that remains unpaid, is not  
in dispute, and accrued during shared residency, both are equally responsible for the  
unpaid bill. The utility shall advise the customer and occupant of the process by which  
the customer may refute this claim unless that customer has entered into a guarantee  
under R 460.112, or another agreement to pay those bills and charges.  
Page 19  
(4) The customer has the right to pay any delinquent account at any time prior to the  
shut off of service date to preserve uninterrupted service. After proper notice of shut off  
under R 460.139 and R 460.140 has been provided, it shall be the customer's  
responsibility to contact the utility and arrange payment before disconnection.  
(5) The utility may authorize an agent to accept payments on behalf of the utility. The  
authorized agent 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 all of the following:  
(a) That the payment may not be credited to the customer's account for up to 2 business  
days.  
(b) Any charges or fees for use of the authorized agent services.  
(c) That to avoid shutoff, the customer must contact the utility with verification of  
payment made to an authorized agent.  
(6) The authorized agent shall remit payments to the utility every other business day, at  
a minimum, and the company shall credit those payments to customer accounts within 1  
business day of receiving them from the payment agent. Authorized agent locations  
shall be clearly marked as "Authorized Agent for [Company]." The utility shall provide  
information on bills every 6 months that warns customers not to use unauthorized  
payment centers.  
(7) Except in situations of unauthorized use of utility service, a combination utility  
company, when requested, shall permit eligible low-income customers to do any of the  
following:  
(a) Designate how partial payments shall be applied to their account.  
(b) Choose to retain either the electric service or natural gas service if faced with a  
shutoff, provided that the customer allows the utility to have access to the non-chosen  
service for shutoff.  
(c) Protect the retained service from shut off during the heating season, provided that  
payments for current usage are made on the retained service and the customer is in good  
standing with the utility on any payment plan for which the customer qualifies.  
(8) 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; 2017 AACS.  
R 460.124 Payment period.  
Rule 24. (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 day when the mail is not delivered,  
or other day when the utility offices that accept customer payments are not open to the  
general public, the payment date shall be extended through the next business day.  
Customer remittances postmarked on the due date shall be considered to have been  
timely paid. If the postmark is illegible, the date of mailing shall be designated as 2 days  
before receipt by the utility.  
Page 20  
(2) If a customer fails to make full payment by the due date, the utility may implement  
its collection practices, including the use of automated telephone calls which remind  
the customer or a third party 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; 2017 AACS.  
R 460.125 Late payment charges.  
Rule 25. (1) Except as otherwise provided by statute, a utility shall bill each residential  
customer for the amount of natural gas or electricity consumed and any other approved  
charges pursuant to the rates and tariffs approved by the commission.  
(2) A utility may assess residential customers 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 residential customer whose  
payments are made by the department of health and human services or who is  
participating in a shutoff protection program described in Part 9 of these rules, R 460.145  
to R 460.153.  
(3) A utility may not charge residential customers 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 meter reading. 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.  
(4) For nonresidential customers, unless the utility’s tariff states otherwise, a late  
payment charge of not more than 2%, not compounded, may be applied to the unpaid  
balance outstanding, net of taxes, if the bill is not paid in full on or before the date on  
which the bill is due.  
History: 2007 AACS; 2017 AACS.  
R 460.126 Billing for unregulated non-energy services.  
Rule 26. A utility may include charges for unregulated non-energy services, such as  
appliance repair or appliance protection programs, together with charges for natural gas  
and electric service on the same monthly bill if the charges for the unregulated non-  
energy services are designated clearly and separately from the charges for the natural  
gas or electric service and it is noted that it is an unregulated service. Failure to pay for  
unregulated non-energy service charges may result in the termination of that service but  
not the shut off of the natural gas or electric service. If partial payment is made, the utility  
shall first credit payment to the balance outstanding for natural gas or electric service  
pursuant to the provisions of R 460.123(7) and R 460.123(8) where applicable.  
History: 2007 AACS; 2017 AACS.  
R 460.126a Billing error.  
Page 21  
Rule 26a. (1) If a utility overcharges a customer due to a billing error, then the utility  
shall refund or credit the amount of the paid overcharge to the customer. Paid  
overcharges shall be credited to a customer with 5% APR interest, commencing on the  
sixtieth day following payment. A utility is not required to adjust, refund, or credit an  
overcharge plus 5% 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.  
(2) Upon customer request, paid overcharges for billing errors greater than $10.00 shall  
be refunded within 30 days of the request.  
(3) If a utility undercharges a customer, in cases that do not involve unauthorized use of  
utility service, the utility may back bill 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 back bill,  
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: 2017 AACS.  
R 460.126b Responsibility for unauthorized use of utility service.  
Rule 26b. (1) In cases that involve unauthorized use of utility service, the utility may  
back bill the customer for the service used. The back bill for service used may include  
5% interest.  
(2) The utility may charge fees for unauthorized use of utility service in accordance  
with commission-approved tariffs.  
(3) If a utility shuts off service for unauthorized use of utility service, the utility may  
bill a customer for all of the following:  
(a) The cost of investigating the unauthorized use.  
(b) The cost of relocating the meter.  
(c) The cost of any damages that have been caused to utility-owned equipment.  
History: 2017 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 safe 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.  
(d) Notify the utility if an existing occupant continues to occupy the premises.  
(2) The utility shall do both of the following:  
Page 22  
(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 meter reading. An actual meter reading shall be  
obtained by the next normal actual meter reading cycle.  
(b) Schedule the customer's final reading within a 4-hour time frame if the utility  
cannot access the meter.  
(3) A property owner shall provide notice to the utility within 30 days after abandoning  
or surrendering a property to avoid liability for any unauthorized use of utility service as  
provided in MCL 460.9d(6).  
History: 2007 AACS; 2017 AACS.  
PART 7. ENERGY ASSISTANCE AND SHUTOFF PROTECTION  
PROGRAMS FOR RESIDENTIAL CUSTOMERS  
R 460.128 Listing of energy assistance programs for residential customers.  
Rule 28. The commission shall annually provide a listing of all federal and state energy  
assistance programs and the eligibility requirements of each program to all utilities.  
History: 2007 AACS; 2017 AACS.  
R 460.129 Notice of energy assistance programs for residential customers.  
Rule 29. (1) A utility shall annually inform each residential customer of all 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 460.130.  
(c) The critical care customer provisions of R 460.130a.  
(d) The shutoff protection programs described in R 460.131 and R 460.132.  
(e) The military shutoff protections of R 460.133.  
(2) The utility shall provide to residential customers the information required by  
subrule (1) of this rule. The information in subrule (1) of this rule may be explained on  
the customer's bill, provided as a bill insert, or provided by other means of 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 residential 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 residential customers and the new benefit levels to all customers currently  
enrolled in the programs.  
Page 23  
(4) When a residential 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 who is able to provide this  
information.  
History: 2007 AACS; 2017 AACS.  
R 460.130 Medical emergency.  
Rule 30. (1) A utility shall restore service or postpone shut off of service for not more  
than 21 days if the customer or a member of the customer's household has a medical  
emergency. The customer shall provide the utility with a commission-approved medical  
certification form that identifies all of the following:  
(a) The medical condition.  
(b) Any medical equipment needed for the medical emergency.  
(c) The specific time period during which the shut off of service will aggravate the  
medical emergency.  
(2) A utility shall not require payment of an after-hours reconnect fee or a deposit as a  
condition of restoring service for a 21-day medical emergency hold under this rule.  
(3) Upon request, a utility shall provide and make available on its website a  
commission-approved medical certification form for use in obtaining a medical  
emergency hold under this rule.  
(4) The utility shall provide the customer with a grace period of 3 business days during  
which the utility shall postpone the shutoff of utility service to allow the customer time to  
obtain a completed commission-approved medical certification form.  
(5) The utility shall extend the restoration or postponement for additional periods of not  
more than 21 days, not to exceed a total postponement of shut off of service of 63 days in  
any 12-month period per household member, only if the customer provides additional  
certification that the customer or a member of the customer's household has a medical  
emergency.  
(6) A utility shall not be required to grant shutoff extensions totaling more than 126  
days per household in any 12-month period.  
(7) Nothing in this rule relieves the customer of his or her obligation to pay for utility  
service.  
(8) Nothing in this rule shall prohibit a utility that observes an unsafe connection at a  
customer's location caused by unauthorized use of electric or natural gas service, from  
implementing measures to cure or address the unsafe connection pursuant to section  
9d(1) of 1939 PA 3, MCL 460.9d(1).  
History: 2007 AACS; 2017 AACS.  
R 460.130a Critical care customer shut off protection  
Rule 30a. (1) A utility shall restore or refrain from shutting off utility service to a  
critical care customer due to an inability to pay a utility bill where an interruption of  
service would be immediately life threatening.  
Page 24  
(2) On an annual basis, a critical care customer shall provide the utility with an updated  
commission-approved medical certification form certifying his or her continued status as  
a critical care customer. If the customer’s status as a critical care customer ends, a  
customer or occupant of the household shall notify the utility of the change in status.  
(3) A utility shall provide a critical care customer with a grace period of 3 business  
days during which it shall postpone the shutoff of utility service to the critical care  
customer to allow the customer time to obtain a completed commission-approved  
medical certification form.  
(4) Upon request, a utility shall provide and make available on its website a  
commission-approved medical certification form for use in obtaining a physician’s or  
medical facility’s certification demonstrating the customer’s status as a critical care  
customer. Upon receipt of the medical certification form, the utility shall notify the  
customer that it has received the form.  
(5) A utility shall maintain a special file on critical care customers and an appropriate  
identification of such customers for the purpose of ensuring that utility service is  
provided for as long as the customer remains a critical care customer and the customer’s  
inability to pay continues.  
(6) When a utility has notice of a critical care customer for whom a planned service  
interruption would be immediately life threatening, the utility shall notify the customer of  
the planned service interruption and shall not shut off service using remote shutoff  
capability without first initiating person-to-person contact with the customer.  
(7) Nothing in this rule relieves the customer of his or her obligation to pay for utility  
service. A utility may require that the customer enter into a reasonable payment plan.  
(8) Nothing in this rule shall prohibit a utility that observes an unsafe connection at a  
customer's location caused by unauthorized use of electric or natural gas service, from  
implementing measures to cure or address the unsafe connection pursuant to section  
9d(1) of 1939 PA 3, MCL 460.9d(1).  
History: 2017 AACS.  
R 460.131 Winter protection plan for eligible low-income customers.  
Rule 31. (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 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 shut off  
of service during the 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 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.  
Page 25  
(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 shut off 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, be represented by  
counsel, or 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 pursuant to these rules.  
(i) The telephone number and address of the utility where the customer may make  
inquiry, enter into a payment plan or 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 shut off 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 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 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 R  
460.109 or R 460.111, 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 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 shut off for unauthorized use of utility service within  
Page 26  
the past 2 years at the customer's current premises until all charges are paid pursuant to  
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 shut off 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; 2017 AACS.  
R 460.132 Winter protection plan for eligible senior citizen customers.  
Rule 32. (1) A utility shall not shut off service to an eligible senior citizen customer  
during the heating season.  
(2) At the customer's request, a utility shall restore service to an eligible senior citizen  
customer's documented personal residence during the heating season without payment of  
the amount due, deposits, reconnection fees, or other charges.  
(3) At the conclusion of the 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.  
(4) Nothing in this rule relieves the customer of his or her obligation to pay for utility  
service.  
(5) Nothing in this rule shall prohibit a utility that observes an unsafe connection at a  
customer's location caused by unauthorized use of electric or natural gas service, from  
implementing measures to cure or address the unsafe connection pursuant to section  
9d(1) of 1939 PA 3, MCL 460.9d(1).  
History: 2007 AACS; 2017 AACS.  
R 460.133 Eligible military customer.  
Rule 33. (1) The utility shall not shut off service to an eligible military customer for a  
period of 90 days. The utility shall continue to provide shutoff protection for at least 1  
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.  
(3) Nothing in this rule shall prohibit a utility that observes an unsafe connection at a  
customer's location caused by unauthorized use of electric or natural gas service, from  
Page 27  
implementing measures to cure or address the unsafe connection pursuant to section  
9d(1) of 1939 PA 3, MCL 460.9d(1).  
History: 2007 AACS; 2017 AACS.  
R 460.134 Extreme weather condition policy.  
Rule 34. (1) Within 6 months of the effective date of this rule, a utility shall adopt and  
submit an extreme weather condition policy to the commission for approval that  
provides, at a minimum, both of the following:  
(a) The criteria or factors a utility follows in suspending disconnection of service to  
residential customers during extreme hot and cold weather.  
(b) Any preferential treatment given to certain classes of residential customers.  
(2) In the event of any subsequent changes to the extreme weather condition policy, a  
utility shall submit those changes to the commission for its review and approval.  
History: 2007 AACS; 2017 AACS.  
R 460.135 Rescinded.  
History: 2007 AACS; 2017 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 460.140(1)(a),(b), and (j).  
History: 2007 AACS; 2017 AACS.  
R 460.137 Shutoff or denial of service permitted.  
Rule 37. (1) Subject to the requirements of these rules, a utility may shut off or  
deny service to a 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 or unauthorized  
use of equipment furnished and owned by the utility occurs, including obtaining the use  
of equipment by submitting an application containing false information.  
Page 28  
(d) 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.  
(e) An occupant who has used electricity or natural gas has failed to establish  
service in conformance with these rules.  
(f) The customer has failed to comply with the terms and conditions of a payment  
plan or settlement agreement.  
(g) For violation of, or noncompliance with, the utility's rules on file with, and  
approved, by the commission.  
(2) Residential customers may also be shut off or denied service for any of the  
following reasons:  
(a) 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.  
(b) An individual living in the customer's residence meets 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 individual lived in the customer'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 individual resided at the customer's residence. This  
paragraph does not apply if the individual was a minor while living in the customer's  
residence.  
(c) The customer has failed, for 3 consecutive billing cycles, to pay the per-meter  
charge for an energy project, as defined in section 201 of the clean and renewable energy  
and energy waste reduction act, MCL 460.1201, that is part of a commission-approved  
residential energy projects program, as described in section 203(2) of the act, MCL  
460.1203(2).  
(3) Nonresidential customers may also be shut off or denied service for either of  
the following reasons:  
(a) Failure of the customer to fulfill his or her contractual obligations for service or  
facilities that are subject to regulation by the commission.  
(b) Nonpayment of unpaid balances on any other nonresidential account incurred  
by the customer under a different account name by the customer’s predecessor in interest,  
or by any other entity, the debt of which the customer is legally obligated to assume.  
History: 2007 AACS; 2017 AACS; 2019 AACS.  
R 460.138 Shut off prohibited.  
Rule 38. (1) 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) During the heating season, the customer is an eligible senior citizen.  
(c) The customer has not paid for concurrent service received at a separate metering  
point, residence, or location.  
Page 29  
(d) The customer has not paid for a different type or 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 type or class of service for the  
purposes of this rule.  
(e) The customer has not paid for service used by another person, such as a tenant. A  
utility may shutoff service 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 shut off 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.  
(f) A person qualifies as an eligible military customer.  
(g) For nonresidential customers, failure to pay the bill of another customer as  
guarantor.  
(h) The customer has an informal complaint, customer hearing, or formal hearing  
pending with the utility or the commission, except pursuant to the terms of an interim  
determination, pursuant to R 460.155, R 460.163, and R 460.168.  
History: 2007 AACS; 2017 AACS.  
R 460.139 Notice of shut off.  
Rule 39. (1) Not less than 10 days before the proposed shut off of service, pursuant to  
the provisions of R 460.140, R 460.142 and R 460.143, a utility shall send a notice to the  
customer by first-class mail, or personal service.  
(2) The utility shall send the 10-day 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.  
(3) A utility shall permit a customer to designate a consenting individual or agency to  
receive a copy of a notice of shut off.  
(4) Not less than 30 days before the proposed shut off 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.  
(5) Not less than 10 days before the proposed shut off of service to a nonresidential  
facility that is occupied by more than 5 business entities that are not responsible for  
payment of the bill, a utility shall make a reasonable attempt to notify each occupant that  
service may be subject to shut off after a specified date.  
(6) For an involuntary shut off, at least 1 day before shut off 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  
Page 30  
customer must take to avoid shutoff. If the utility uses an automated notification system,  
the utility 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 utility chooses not to make telephone contacts, the  
utility shall either leave a notice at the premises advising the customer that service will be  
shut off 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. The 10-day notice sent under subrule (1) or (5) of  
this rule shall be considered as 1 attempt.  
History: 2007 AACS; 2017 AACS.  
R 460.140 Form of notice.  
Rule 40. (1) A notice of shut off 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 shut off of service.  
(c) The date on or after which the utility may shut off service, unless the customer takes  
appropriate action.  
(d) That the residential and small nonresidential customer may have the right to enter  
into a payment plan with the utility for an amount owed to the utility that is not in dispute  
and that the customer is presently unable to pay in full.  
(e) That the residential and small nonresidential customer may have the right to enter  
into a settlement agreement with the utility if the claim is for an amount that is in dispute.  
(f) That the customer has the right to file a complaint disputing the claim of the utility  
before the proposed date of the shut off of service.  
(g) That the customer has the right to request a hearing before a hearing officer if the  
customer disputes the reasonableness of the payment plan or 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.  
(h) 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.  
(i) That the utility will not shut off service pending the resolution of a complaint that is  
filed with the utility or the commission pursuant to these rules.  
(j) The telephone number and address of the utility where the customer may make  
inquiry, enter into a payment plan or settlement agreement, or file a complaint.  
(k) 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.  
(2) For residential customers a notice of shut off of service shall also contain all of the  
following information:  
(a) A combination utility shall include all of the following information on  
disconnection notices for eligible low-income customers whose natural gas and electric  
services are combined:  
(i) The amounts for both natural gas and electric service, listed separately.  
Page 31  
(ii) That the customer has the option of choosing 1 of his or her services to retain with  
the appropriate payment.  
(iii) That the customer may have the option to enter into a payment plan for both  
natural gas and electric service, or to retain either natural gas or electric service as chosen  
by the customer.  
(b) 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.  
(c) That customers who believe they may be eligible for assistance from an energy  
assistance program should determine if assistance is available before enrolling in a  
payment plan because many agencies may not provide assistance if shut off is avoided by  
signing a settlement agreement.  
(d) That during the heating season the utility will postpone shut off of service if a  
customer is an eligible low-income customer that enters into a winter protection payment  
plan with the utility and the customer provides documentation that the customer is  
actively seeking emergency assistance from an energy assistance program.  
(e) The energy assistance telephone line number at the department of health and human  
services or an operating 2-1-1 system telephone number.  
(f) That the utility will postpone the shut off of service if a certified medical  
emergency exists at the customer's residence and the customer informs and provides  
documentation to the utility of that medical emergency.  
(g) That the customer should contact the utility for information about a shutoff  
protection program.  
History: 2007 AACS; 2017 AACS.  
R 460.141 Time of shut off.  
Rule 41. (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 shut off 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. Shut  
off shall occur only between the hours of 8:00 a.m. and 4:00 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 heating season to a  
customer who has defaulted on a shutoff protection program under these rules.  
History: 2007 AACS; 2017 AACS.  
R 460.142 Manner of shutoff.  
Rule 42. (1) Immediately preceding the shut off 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.  
Page 32  
(2) 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.  
(3) 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.  
(4) The customer may pay in any reasonable manner, including by personal check,  
credit card, or debit card. Payment by personal check, credit or debit card is not  
reasonable if the customer has paid with a personal check, credit card, 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 card or debit card payment has been denied excluding  
financial institution error.  
(5) After notice has been provided pursuant to R 460.139, and if the customer does not  
respond, the employee may shut off service.  
(6) 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; 2017 AACS.  
R 460.143 Manner of shut off for service provided with remote shut off and  
restoration capability.  
Rule 43. (1) For an involuntary shut off of service using meters with remote shut off  
and restoration capability, at least 1 day before shut off of service, the utility shall make  
at least 2 attempts to contact the customer by 1 of the methods listed in R 460.139(6).  
The notice must conspicuously state that the disconnection of service will be done  
remotely and that a utility representative will not return to the premises before  
disconnection.  
(2) The utility shall document all attempts to contact the customer.  
(3) If the utility contacts the customer or other responsible adult in the customer's  
household or premises by telephone on the day service is to be shut off, the utility shall  
inform the customer or other responsible adult that shutoff of service is imminent and the  
steps necessary to avoid shut off. Unless the customer presents evidence that reasonably  
demonstrates that the claim is satisfied or is in dispute, or the customer makes payment,  
the utility may shut off service.  
(4) If the utility complies with the notice requirements of this rule, no further  
customer contact regarding the shut off is required on the day service is to be shut off and  
the utility may shut off service.  
(5) After the utility shuts off service, no later than the fifth business day after  
service was disconnected, the utility shall send notice to the customers that remain shut  
off. The utility shall notify the customer via automated or manual telephone call,  
Page 33  
electronic mail, text message, or United States Postal Service. The notice must state that  
service has been shut off, the utility’s address and phone number 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; 2017 AACS; 2023 MR 7, Eff. April 10, 2023.  
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, including excavation or reconnection  
at a pole, 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.  
(5) In cases of unauthorized use, a utility may reestablish electric or natural gas service  
if the legal owner cannot provide documentation establishing the identity of the tenant  
responsible for the prior unauthorized use, proves that he or she is the legal owner of the  
property, and agrees to payment of the additional fees for reestablishing electric or  
natural gas service at the location as provided in section 9d(4) of 1939 PA 3, MCL  
460.9d(4).  
(6) Nothing in these rules shall prohibit the prosecution of an individual or customer  
for unauthorized use, sale, or transfer of service as permitted by law.  
History: 2007 AACS; 2017 AACS.  
PART 9. CUSTOMER RELATIONS AND UTILITY PROCEDURES  
R 460.145 Applicability.  
Rule 45. The rules in this part apply to all customer inquiries, service requests, and  
complaints that are made to a utility regarding utility service and charges.  
History: 2007 AACS; 2017 AACS.  
R 460.146 Payment plan procedures for residential and small nonresidential  
customers.  
Page 34  
Rule 46. (1) A utility shall establish a policy to allow a residential or small  
nonresidential customer the opportunity to enter into a minimum of 2 documented  
payment plans for an amount owed to the utility that is not in dispute, if a customer  
claims an inability to pay in full.  
(2) In negotiating a payment plan due to the customer's inability to pay an outstanding  
bill in full, the utility shall not require the residential or small nonresidential customer to  
pay more than a reasonable amount of the outstanding bill upon entering into the plan,  
and not more than reasonable installments until the remaining balance is paid. 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.  
(3) A utility is not required to enter into more than 2 payment plans with a residential or  
small nonresidential customer who defaulted on the terms and conditions of such  
payment plan within the last 12 months.  
(4) A utility shall document that a residential customer has been notified by telephone,  
other electronic media, or letter of all of the following:  
(a) If a customer is seeking payment assistance from a social service agency, agreeing  
to this payment plan may prevent the customer from getting emergency assistance.  
(b) That the customer needs to notify the utility if the customer is working with an  
agency.  
(c) That a customer should not agree to the payment plan if he or she is not satisfied  
with it.  
(d) If the customer has an unexpected loss or reduction of income after the payment  
plan is implemented, he or she may request a review and modification of the plan.  
History: 2007 AACS; 2017 AACS.  
R 460.147 Personnel procedures.  
Rule 47. 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,  
payment plans or 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 shut off of service and emergency conditions that occur  
within the utility's service area.  
Page 35  
(d) That the names, business 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.  
(e) That 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.  
(f) That employees are informed of their responsibility to protect customers'  
information and data.  
History: 2007 AACS; 2017 AACS.  
R 460.148 Publication of procedures for residential and small nonresidential  
customers.  
Rule 48. (1) A utility shall prepare a publication that summarizes, in easily understood  
terms, the rights and responsibilities of its residential and small nonresidential customers  
pursuant to these rules and other applicable provisions of statutes, rules, and tariffs.  
(2) A utility shall display the publication prominently at all utility office locations open  
to the general public and make it available to residential and small nonresidential  
customers. A utility shall also make the information available on its website. A utility  
shall transmit the publication to each new residential and small nonresidential customer  
via the customer's preferred method upon the commencement of service and shall provide  
it at all times upon request. When 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 residential and small nonresidential customers by a bill insert, revised  
publication, or a periodical that is sent to all current residential and small nonresidential  
customers of the utility and to the commission. The form of this transmittal shall be at  
the discretion of the utility.  
(3) The publication shall contain all of the following information:  
(a) Billing procedures and estimation standards.  
(b) Methods for customers to verify billing accuracy and procedures to correct or  
change the customer's personal information associated with their account.  
(c) Instructions on accessing customer data electronically and the information or data  
available through such access.  
(d) An explanation of the power supply cost recovery or gas cost recovery procedures.  
(e) Customer payment standards and procedures.  
(f) Security deposit and guarantee standards.  
(g) Shutoff and restoration of service procedures.  
(h) Inquiry, service, and complaint procedures.  
(i) Procedures for terminating service.  
(j) Instructions on accessing the utility's data privacy tariff.  
(4) Each publication shall indicate conspicuously that the publication is provided  
pursuant to the rules of the commission.  
History: 2007 AACS; 2017 AACS.  
Page 36  
R 460.149 Access to rules and rates.  
Rule 49. (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, all of the following information with a copy  
to the commission:  
(a) A clear and concise explanation of all rates for which the 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 the 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 the utility’s 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  
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) Upon request, a utility shall assist the customer in selecting the most economical  
rate schedule based on information supplied by the customer; however, selection of the  
appropriate rate is the responsibility of the customer. Once the selection is made, the  
customer shall stay on that rate not less than 12 months unless the customer notifies the  
utility of permanent changes in the conditions of service that warrant a different rate  
schedule.  
(7) A utility shall keep on file, at all offices of the utility, and shall provide public  
access to, all of the following documents:  
Page 37  
(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.  
(8) 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; 2017 AACS.  
R 460.150 Complaint procedures.  
Rule 50. (1) A utility shall establish complaint procedures, promptly and thoroughly  
investigate customer complaints, and, when possible, resolve all customer inquiries,  
service requests, and complaints and report the resolution of commission-referred  
complaints to the commission staff.  
(2) The utility shall keep records of customer complaints that will enable the utility to  
review and analyze its procedures and actions. The records shall be available to the  
commission.  
(3) After referral of a customer's complaint from the commission, a utility shall make  
reasonable attempts to contact the customer within 2 business days and shall develop and  
report to the commission within 10 days after referral its plan for resolution of the  
complaint.  
(4) A utility shall provide to customers who are not satisfied with the utility's resolution  
of a complaint or inquiry the toll-free telephone number and internet address of the  
commission.  
(5) A utility shall obtain commission approval of any substantive changes in its  
procedures.  
History: 2007 AACS; 2017 AACS.  
R 460.151 Reporting requirements.  
Rule 51. (1) A utility shall file with the commission quarterly reports that disclose  
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 shut off notices issued by the utility and the reasons for the  
notices.  
Page 38  
(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 shut offs of service and the number of reconnections.  
(g) Any other customer service quality information requested by the commission  
staff.  
(2) An electric utility shall have an average customer call answer time of less than  
90 seconds. An acknowledgement that the customer is waiting on the line does not  
constitute an answer.  
(a) An electric utility shall have a call blockage factor of 5% or less. The call  
blockage factor is calculated by multiplying the remainder obtained by subtracting the  
number of answers from the number of calls, multiplying by 100, and then dividing that  
value by the total number of calls.  
(b) An electric utility shall have a complaint response factor of 90% or more within  
3 business days.  
History: 2007 AACS; 2017 AACS; 2023 MR 7, Eff. April 10, 2023.  
R 460.152 Inspection.  
Rule 52. 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; 2017 AACS.  
R 460.153 Customer access to consumption data and confidentiality.  
Rule 53. (1) A utility shall provide to each customer, upon request, a clear and concise  
statement of the customer's actual energy usage, or weather adjusted consumption data  
for each billing period during the last 12 months, or both. 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, or weather-adjusted consumption data,  
or both.  
(2) Each electric and natural gas utility shall file with the commission, for the  
commission’s approval, a customer data privacy tariff that contains a customer data  
privacy policy. The privacy policy shall do all of the following:  
(a) Encompass all customer information or data collected or maintained by the utility.  
(b) Clearly define customer information or data that the utility collects or maintains.  
(c) Protect all customer information or data collected for the utility from unauthorized  
use or disclosure by the utility, its affiliates, or contractors.  
(d) Ensure that, for secondary purposes, customer usage data, personally identifiable  
information, and certain other customer information are only disclosed to third parties  
with the customer's written consent.  
(e) Specify that customer information may be disclosed without consent in response to  
a warrant or court order, as required for collection activities, or as necessary for primary  
purposes.  
Page 39  
(f) Permit a customer to share his or her information with a third party that is not  
affiliated with the utility. The utility may elect to insert language in the privacy policy  
stating that the utility is not responsible, in this circumstance, for a third party's  
unauthorized disclosure or use of this information.  
(g) Provide clear instructions regarding the method by which a customer and a third  
party, authorized by the customer, may obtain customer usage data in a timely manner  
and  
a
readily  
accessible  
format  
from  
the  
utility.  
(h) Indicate that the policy does not apply to aggregate data, containing general  
characteristics of a customer group, which is used for analysis, reporting, or program  
design purposes.  
(3) The privacy policy shall be posted on the utility's website.  
History: 2007 AACS; 2017 AACS.  
PART 10. DISPUTES, HEARINGS AND SETTLEMENTS  
R 460.154 Disputed matters.  
Rule 54. (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 shut off 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 matter 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.  
(4) 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. If  
the customer remains dissatisfied, the utility shall inform the residential or small  
nonresidential customer of the right to request a customer hearing with the utility and the  
procedure for requesting the hearing. The utility shall also inform the customer that they  
must contact the commission to file a request for a formal hearing. Unless the customer  
takes action by either requesting a customer hearing or taking its dispute to the  
commission, the matter in dispute is considered closed.  
Page 40  
History: 2007 AACS; 2017 AACS; 2023 MR 7, Eff. April 10, 2023.  
R 460.155 Customer hearing and hearing officers for residential and small  
nonresidential customers.  
Rule 55. (1) If the parties are unable to resolve the dispute, the utility shall offer the  
customer the opportunity for a customer hearing before a hearing officer selected from a  
list of hearing officers filed with the commission.  
(2) If the customer requests a customer hearing with the utility or with the  
commission regulation officer, the utility shall place a hold on any action to shut off or  
suspend service until 1 of the following occurs:  
(a) The customer fails to complete his or her responsibilities required for a customer  
hearing.  
(b) The customer withdraws the request.  
(c) The utility and the customer settle the dispute.  
(d) The customer hearing officer issues a decision finding that shut off or  
suspension of service is appropriate.  
(3) The utility shall accept notification from a regulation officer of a customer's  
request for a customer hearing.  
(4) If the parties are unable to resolve the dispute, the utility shall offer the customer  
the opportunity for a customer hearing before a hearing officer selected from a list of  
hearing officers filed with the commission.  
(5) If the customer chooses to have a customer hearing, the customer shall do both  
of the following:  
(a) Notify the utility within 5 business days of the utility’s 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 $100.00.  
(6) If the customer notifies the utility of the intent to pursue a customer hearing,  
then the utility shall do all of the following:  
(a) Complete the necessary investigation.  
(b) Schedule the hearing within 10 business days of the customer's request for a  
hearing.  
(c) Hold the hearing within 45 business days of the customer's request for a hearing.  
(7) If the customer fails to pay the part of the bill that is determined under subrule  
(5)(b) of this rule within 15 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.  
(8) A utility shall select hearing officers who meet all of the following  
requirements:  
(a) Are on the list of hearing officers on file with the commission.  
(b) Are notaries public who are qualified to administer oaths.  
(c) Are not a past or present employee of the utility, and they are not engaged in or  
have not been engaged in any other activities that would cause bias or lack of objectivity.  
(d) Comply with part 10 of these rules, R 460.154 to R 460.159.  
(9) In January of each year, utilities shall provide to the commission's executive  
secretary the name or names of selected hearing officers and update those lists as  
necessary. Upon notice to the commission, a hearing officer, other than those on the list,  
may be used subject to the requirements specified in subrule (8) of this rule. Upon  
Page 41  
request, utilities shall provide the resume of a hearing officer to the commission or any  
party participating in a customer hearing.  
1
(10) If the dispute is ultimately resolved, in whole or in part, in favor of the  
customer, the utility shall return promptly any excess amount paid by the customer, with  
interest at the rate specified pursuant to R 460.111(8).  
History: 2007 AACS; 2017 AACS; 2019 AACS.  
R 460.156 Notice of hearing.  
Rule 56. (1) On the day a utility schedules the hearing, the utility shall send or  
personally serve the customer with written notice of the time, date, and place of the  
hearing.  
(2) The notice shall describe the hearing procedures as specified in R 460.157.  
(3) The notice shall specify the amount of required payment and the due date, which  
shall be 10 business days from the date the notice was sent to the customer.  
History: 2007 AACS; 2017 AACS.  
R 460.157 Customer hearing procedures.  
Rule 57. (1) A utility shall establish hearing procedures that 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 the 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 arguments.  
(d) The right to question witnesses who will be appearing on behalf of the other party.  
(2) A hearing shall be held during normal business hours, except as otherwise agreed to  
by all parties. A utility shall take reasonable steps to ensure that a customer who is unable  
to attend the 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) For the convenience of the parties, a hearing officer may conduct the hearing by  
telephone or other electronic media. In this case, all parties shall provide any documents  
to be introduced at the hearing to the other parties and the hearing officer at least 2  
business days in advance of the hearing date.  
(4) The utility has the burden of proof by a preponderance of the evidence.  
(5) All witnesses who appear for either party shall testify under oath.  
1 AY4PD  
Page 42  
(6) A hearing shall be informal and the proceedings do not have to be recorded or  
transcribed. All relevant evidence shall be received and the formal rules of evidence shall  
not apply.  
(7) For each hearing, the hearing officer shall compile a hearing record that includes 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.  
(8) At the conclusion of the hearing, the hearing officer may orally state his or her  
findings and the decision; or, may adjourn the hearing and inform the parties that the  
decision will be transmitted to them within 10 business days. At the request of the  
customer, the hearing officer shall adjourn the hearing and transmit the decision to the  
parties within 10 business days of the conclusion of the hearing. In either case, 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, based solely on the evidence  
received.  
(9) 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 appeal the decision to the commission staff, by mail,  
telephone, internet, fax, or in person, within 15 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 the commission staff completes a review.  
(c) The address and telephone number where the customer or the utility may make an  
informal appeal to the commission staff.  
(10) 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 both parties shall sign the settlement agreement.  
(11) Within 10 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 (9) of this rule.  
(c) If applicable, a copy of the signed settlement agreement as provided in subrule (10)  
of this rule.  
(12) 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.  
(13) The complaint determination is binding upon the parties, unless appealed, as  
provided in R 460.160 to R 460.169.  
Page 43  
(14) A utility's hearing procedures shall be subject to investigation and review by the  
commission.  
History: 2007 AACS; 2017 AACS.  
R 460.158 Settlement agreement procedures for residential and small nonresidential  
customers.  
Rule 58. (1) If the utility and the residential or small nonresidential customer arrive  
at a mutually satisfactory settlement of a matter in dispute, then the utility may offer the  
residential or small nonresidential customer the opportunity to enter into a settlement  
agreement, and the customer shall provide written documentation of approval.  
(2) The utility shall confirm the terms of the settlement agreement with the residential  
or small nonresidential customer and shall provide documentation of the settlement to the  
customer or the customer's authorized representative.  
The utility shall retain  
documentation of the original settlement agreement for the term of the settlement  
agreement or 2 years, whichever is longer. In case of a dispute over the terms of a  
settlement agreement, the utility shall have the burden of proving that the residential or  
small nonresidential customer understood and accepted the terms of the settlement  
agreement.  
(3) Services shall not be shut off if the residential or small nonresidential customer  
follows the terms of the settlement agreement.  
(4) A settlement agreement that is offered by a utility shall state, immediately preceding  
the space provided for the residential or small nonresidential 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 NOT SATISFIED WITH THIS AGREEMENT, DO NOT SIGN.  
YOU MAY FILE A CUSTOMER COMPLAINT AND HAVE A HEARING BEFORE  
A HEARING OFFICER BEFORE YOUR SERVICE MAY BE SHUT OFF. IF YOU  
SIGN THIS AGREEMENT, YOU GIVE UP YOUR RIGHT TO A CUSTOMER  
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."  
History: 2007 AACS; 2017 AACS.  
R 460.159 Default of settlement agreement procedures for residential and small  
nonresidential customers.  
Rule 59. (1) If a residential or small nonresidential customer fails to comply with the  
terms and conditions of a settlement agreement, the utility may shut off service after  
notifying the customer in writing, by personal service, or first-class mail of the following  
information:  
(a) That the residential or small nonresidential customer is in default of the settlement  
agreement.  
(b) The nature of the default.  
(c) That unless the residential or small nonresidential customer pays in full the amount  
due within 10 business days of the date of mailing, the utility may shut off service.  
Page 44  
(d) The date the utility may shut off service.  
(e) That the residential or small nonresidential customer has a right to do either of the  
following:  
(i) Request a hearing before a hearing officer selected from a list on file with the  
commission, but only if the customer alleges that the utility has failed or refused to  
follow the terms of the settlement agreement.  
(ii) File a formal hearing request pursuant to the commission's rules of practice and  
procedure in R 792.10101 to R 792.11903.  
(f) The address and telephone number where the residential or small nonresidential  
customer may file the request for a hearing with the utility or the commission.  
(2) If the residential or small nonresidential customer and the utility reach a settlement  
agreement following a notice of shutoff, the failure of the residential or small  
nonresidential 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 R 460.137.  
History: 2007 AACS; 2017 AACS.  
PART 11. APPEAL PROCEDURES  
R 460.160 Customer hearing appeal.  
Rule 60. Within 15 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; 2017 AACS.  
R 460.161 Filing procedures.  
Rule 61. (1) A party may make a customer hearing appeal which does not have to be in  
writing but may be initiated by telephone, internet, mail, 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; 2017 AACS.  
R 460.162 Customer hearing appeal procedures.  
Rule 62. (1) The commission staff shall assign the customer hearing appeal to a  
regulation officer who shall do all of the following:  
Page 45  
(a) Advise the appealing party by telephone or in writing of the procedures of the  
commission.  
(b) Advise the other party that a customer hearing appeal has been filed.  
(c) Issue interim determinations as necessary and as provided in R 460.163.  
(d) Review or investigate the appeal.  
(e) Issue a customer hearing appeal decision.  
(2) Upon notification by the commission staff that a customer hearing 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 customer hearing appeal decision, the regulation  
officer shall not be required to receive or consider any additional evidence or  
information.  
(3) In all customer hearing appeals, the utility has the burden of proof by a  
preponderance of the evidence.  
History: 2007 AACS; 2017 AACS.  
R 460.163 Interim determination.  
Rule 63. (1) After receiving the hearing record and pending the final resolution of a  
customer hearing 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 shut off of service. 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 R 460.137.  
History: 2007 AACS; 2017 AACS.  
R 460.164 Appeal review.  
Rule 64. The regulation officer shall thoroughly review the customer hearing appeal  
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 a customer hearing 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 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 the customer  
hearing appeal conference, the parties may do any 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.  
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(c) Refute, in a reasonable manner, the evidence of the other party.  
(d) Submit an oral or written statement of position.  
History: 2007 AACS; 2017 AACS.  
R 460.165 Customer hearing appeal decision.  
Rule 65. The regulation officer shall, within 30 days after the utility files the certified  
record, issue a written customer hearing appeal decision affirming, modifying, or  
reversing the customer hearing determination. In reversing or modifying the customer  
hearing determination, the decision shall set forth the terms and conditions for continued  
service, shut off, 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 customer hearing appeal decision.  
A copy of the customer hearing appeal decision shall be served personally, or by first-  
class mail, on the parties.  
History: 2007 AACS; 2017 AACS.  
R 460.166 Failure to comply with customer hearing appeal decision.  
Rule 66. Failure of either party to comply with the decision within 10 days after the  
date that decision was served by mail shall permit implementation of the action or  
remedy provided by the decision.  
History: 2007 AACS; 2017 AACS.  
R 460.167 Same dispute.  
Rule 67. 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; 2017 AACS.  
R 460.168 Formal appeal.  
Rule 68. Either party may appeal before the commission the decision of the regulation  
officer by filing a formal hearing request pursuant to the rules of practice and procedure  
before the commission in R 792.10101 to R 792.11903. If a formal hearing request is  
filed, the terms of the customer hearing 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; 2017 AACS.  
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R 460.169 Other remedies.  
Rule 69. Nothing in these rules shall be construed to prevent a party at any time from  
pursuing appropriate legal and equitable remedies.  
History: 2007 AACS; 2017 AACS.  
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;