Section 460.102. Definitions.

Rule 2. As used in these rules:

(a)   "Actual meter reading" means a gas or electric meter reading that is based on the customer's actual energy use during the period reported and that was performed by a utility representative, by the customer and communicated to the company by mail, telephone, fax, on a secure company website, or other reasonable means, or that was transmitted to the utility by an  automated  or remote meter reading device.

(b)   "Applicant" means an emancipated minor or a person 18 years of age or older requesting residential utility service in person at the utility company office, in writing, by telephone or fax machine, through the internet, or any other form of communication that  allows  the  applicant  to  provide  the information required by the utility company.

(c)  "Billing error" means an undercharge or overcharge that is caused by any of the following:

(i)   An incorrect actual meter read by a company representative.

(ii)   An incorrect remote meter read.

(iii)   An incorrect meter constant.

(iv)   An incorrect calculation of the applicable rate.

(v)   A meter switched by the utility or a utility representative.

(vi)   An incorrect application of the rate schedule.

(vii)   Another similar act or omission by the utility in determining the amount of a customer's bill. An undercharge or overcharge that is caused by a non-registering meter, a meter error, or the use of an estimated meter read or a customer read is not a billing error.

(d)  "Billing month" means a natural gas or electric consumption period of not less than 26 or more than 35 days.

(e)     "Billing specialist" means a representative of a utility who investigates and resolves meter reading discrepancies or errors.

(f)   "Charges for tariff service" means the rates for regulated electric and gas service and other charges approved by the commission.

(g)   "Collection charge" means a commission approved charge assessed for the costs associated with sending an employee or agent to a residence to collect a past due payment in lieu of shutoff of service.

(h)   "Commission" means the Michigan public service commission.

(i)   "Complaint determination" means the written decision of a  hearing officer after an informal hearing.

(j)   "Critical care customer" means any customer who requires, or has a household member that requires home medical equipment or a life support system, and who has provided appropriate documentation from a physician or medical facility to the utility identifying the medical equipment or life support system and certifying that an interruption  of service  would  be immediately life-threatening.

(k)   "Customer" means a purchaser of electricity or natural gas that is supplied or distributed by a utility for residential purposes.

(l)   "Cycle billing" means a system that renders bills for utility service to various customers on different days of a calendar month.

(m)    "Delinquent account" means an account with charges for utility service that remains unpaid at least 5 days after the due date.

(n)        "Eligible low-income customer" means a  utility  customer   whose household income does not exceed 150% of the federal poverty guidelines as published by the United States department of health and human services or who receives any of the following:

(i)     Supplemental security income or low-income assistance  through  the department of human services or successor agency.

(ii)   Food stamps.

(iii)   Medicaid.

(o)   "Eligible military customer" means a utility customer,  spouse   of  a customer, or customer whose spouse is in the military who meets  all  of  the following:

(i)   Is on full-time active duty.

(ii)   Is deployed overseas in response to a  declared  war  or  undeclared hostilities or is deployed within the United States in response to a declared national or state emergency and the household income is reduced as a result.

(iii)   Notifies the utility of his or her eligibility.

(iv)   Provides verification of eligibility if requested by the utility.

(p)   "Eligible senior citizen customer" means a utility customer who meets all of the following criteria:

(i)   Is 65 years of age or older.

(ii)   Advises the utility of his or her eligibility.

(q)     "Energy assistance program" means a program that provides  financial assistance or assistance in improving residential energy efficiency and energy conservation.

(r)   "Energy usage" means the consumption of electricity or natural gas.

(s)   "Estimated bill" means a bill for service at the premises that is not based on an actual meter reading for the period being billed but that is based on calculations of how much gas or electricity a customer used during the billing period.

(t)  "Formal hearing request" means a document describing how a regulated utility has violated a customer's rights or these rules that is presented in writing to the executive secretary of the commission to initiate an administrative process in accordance with the rules of practice and procedure before the commission, R 460.17101 et. seq.

(u)   "Gas cost recovery" means the adjustment in rates to recognize the cost of purchased gas.

(v)   "Hearing officer" means a notary public who is qualified to administer oaths to conduct informal customer complaint hearings against the  utility company and who is on a list filed with the commission.

(w)    "In dispute" means that a matter is the  subject   of  an  unresolved disagreement, claim, or complaint against a utility by a customer, or the customer's authorized agent.

(x)   "Informal appeal" means an appeal of a complaint determination of a hearing officer to the commission staff.

(y)     "Informal appeal decision" means the written decision of  the regulation officer in regard to an informal appeal.

(z)     "Informal complaint" means a matter that requires follow-up action or investigation by the utility or the commission to resolve the matter without a formal hearing.

(aa) "Inquiry" means a question regarding a utility matter that is asked by the customer and answered by the utility or the commission.

(bb) "Late payment charge" means a finance, service, carrying, or penalty charge that is assessed by a utility because a bill or portion of a bill is delinquent.

(cc) "Medical emergency" means  an  existing  medical  condition  of  the customer or a member of the customer's household, as defined and certified by a physician or public  health   official   on    official  stationary   or company-provided form, that  will be aggravated  by the  lack  of utility service.

(dd) "Meter error" means a failure to accurately measure and record all of the natural gas or electrical quantities used that are required by the applicable rate or rates.

(ee) "New customer" means a customer who has not received the utility's service within the previous 6 years.

(ff) "Peak season" means the months of  November,   December,  January, February and March for natural gas service or electric space heating and June, July and August for other electric service.

(gg) "Positive identification information" means a consistently used appropriate identification such as, but not limited to, a driver's license or ID card issued by a state,

U.S. military  card  or  military  dependent's  ID card, Native American tribal document, or passport.

(hh) "Power supply cost recovery" means  the  adjustment  in  rates  to recognize the cost of purchased power and fuel for electric generation.

(ii) "Previous customer" means a customer who has received the utility's service within the previous 6 years but is not currently receiving service.

(jj) "Regulation officer" means a member of the commission staff who resolves complaints in accordance with these rules.

(kk) "Remote shutoff or restoration capability" means the ability to terminate or restore service to a premises from another location.

(ll) "Residential service or use" means the provision or use of electricity or natural gas for residential purposes.

(mm) "Satisfactory payment history" means that a customer's account was not delinquent more than 1 time in the past 12 months.

(nn) "Seasonally billed customer" means a customer who is billed on a seasonal basis in accordance with a utility tariff that is approved by the commission.

(oo) "Settlement agreement" means a documented agreement that is  entered into by a customer and a utility and that resolves any matter in dispute or provides for the payment of amounts not in dispute over a reasonable period of time.

(pp) "Shutoff of service" means a discontinuance of utility service that is not requested by a customer.

(qq) "Space heating season" means the period between November 1 and    March 31. (rr) "Termination of service" means a discontinuance   of    utility                                   service that is

requested by a customer.

(ss) "Unauthorized use of utility service" means theft, fraud, interference, or diversion of service, including but not limited to meter tampering (any act which affects the proper registration of service through a meter), by-passing (unmetered service that flows through a device connected between a service line and customer-owned facilities),   and   service restoration by anyone other than the utility or its representative.

(tt) "Utility"  means   a  person,  firm,  corporation,  cooperative, association, or other legal entity that is subject to the jurisdiction of the commission and that provides electric or gas service for residential use.

(uu) "Weather adjusted consumption data" means a customer's monthly energy usage divided by the number of heating or cooling degree days for that month.

History: 2007 AACS.