Section 460.1602. 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 company representative, by the customer and communicated to the company by mail, telephone, fax, a secure company website, or other reasonable means, or that was transmitted  by an  automated  meter  reading device.

(b)   "Applicant" means a person over the age of 18 or a business entity requesting non-residential retail utility gas or electric service in the name of that person or entity.

(c)    "Billing error" means an undercharge or overcharge 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 or pressure factor.

(iv)   An incorrect calculation of the applicable rate.

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

(vi)   An incorrect application of the rate schedule.

(vii)   Other 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 metering inaccuracy, or the use of an estimated meter read or a customer read is not a billing error.

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

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

(f)  "Customer" means a purchaser of electricity or natural gas that is supplied or distributed by a utility for non-residential purposes, including service to schools and centrally metered apartment buildings.

(g)    "Existing customer" means a customer who has been receiving service continuously for at least the last 6 months.

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

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

(j)   "Informal hearing" means a dispute resolution process for small commercial customers that is administered by a hearing officer.

(k)   "Meter" means a device that measures the quantity of gas used by a customer, including a device that measures the heat content of gas or a device that measures and registers the amount of electrical power used.

(l)     "Positive identification information" means a consistently used appropriate identification including, but not limited to:

(i)    A driver's license or ID card issued by a state, U.S. military card, military dependent's ID card, native American tribal document, or passport.

(ii)    Articles of incorporation, tax identification documents, business license, certificate of authority, or similar documents proving identity of a business.

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

(n)  "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.

(o)   "Small commercial customer" means a  non-residential  customer  with usage of 200 Mcf of gas or less per year or 15,000 kWh of electric usage or less per year.

(p)   "Space heating season" means the period from November 1 through  March 31.

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

(r)    "Utility" means a person, firm, corporation, cooperative, association, or other legal entity that is subject to the jurisdiction of the commission and that distributes or sells electricity or natural gas for non-residential use.

History: 2008 AACS.