PSC finds Hope Village qualifies as transient building; individual metering rule does not apply

The Public Service Commission on Feb. 20 found that Hope Village Tiny Housing Alternatives’ newly constructed multi-dwelling building meets the definition of a transient multi-dwelling unit, and the commission voted to find that the individual metering requirements in Wisconsin Administrative Code PSC 113 do not apply in Docket 4220-EI-112.

Chair Strand said the record and the staff memo “clearly demonstrated that this project specifically meets the definition of transient multi dwelling buildings and therefore that the individual metering requirements of Wisconsin Administrative Code section PSC 113.0803(1) do not apply.” The commission adopted the finding by voice vote.

The vote concludes the commission’s consideration of the waiver request itself; commissioners noted the decision makes other decision points in the staff memo moot for this docket. Commissioners also emphasized that a separate, ongoing rulemaking to revise the individual metering rule (PSC 113) remains open and could affect future waiver requests.

Commissioner Nieto urged clarity about which customer-protection rules apply when a single meter serves multiple residential units. “It’s not correct that the commercial service rules apply,” Nieto said, and he asked the commission’s customer affairs staff to follow up with the utility to ensure a common understanding of when residential service protections remain in force. Nieto also welcomed the utility’s statement in the record that it “would never collect bills by disconnecting service to a person's home while they're having a medical emergency.”

Commissioner Hawkins said she agreed with the finding that the structure meets the transient multi-dwelling definition and reiterated that questions about how utilities identify residential occupants behind a single meter are appropriate for the ongoing PSC 113 rulemaking. “The residential service rules do apply but it then goes beyond that as if there's flexibility in how the utility is made aware of that,” Hawkins said, calling that a point to be clarified in rulemaking.

The commission recorded several procedural votes earlier in the meeting: approval of the minutes from the Feb. 12 open meeting, approval of notices of investigation associated with agenda items 2–5, and approval of the notice of proceeding associated with agenda item 6. The meeting moved into a closed session to discuss a litigation matter on agenda item 8; afterward commissioners reported they provided direction to legal counsel and reconvened the open meeting. The commission adjourned and scheduled its next open meeting for Feb. 27 at 10:30 a.m.

Votes at a glance

- Approval of minutes (open meeting of Feb. 12, 2025): Approved (voice vote; “Aye” recorded). Mover/second: not specified in the record. Individual roll-call tally not stated.

- Approval of notices of investigation (agenda items 2–5): Approved (voice vote; “Aye” recorded). Mover/second: not specified in the record. Individual roll-call tally not stated.

- Approval of notice of proceeding (agenda item 6): Approved (voice vote; “Aye” recorded). Mover/second: not specified in the record. Individual roll-call tally not stated.

- Docket 4220-EI-112 (Hope Village Tiny Housing Alternatives) — finding that individual metering requirements of PSC 113 do not apply because the project meets the transient multi-dwelling definition: Approved (voice vote; “Aye” recorded). Motion moved by Commissioner Nieto; second not specified in the record.

- Motion to go into closed session pursuant to Wisconsin Statute section 19.85(1)(e) (litigation matter in agenda item 8): Approved (voice vote; “Aye” recorded). Mover not specified in the public portion of the record; second recorded as “Second.”

- Motion to adjourn and reconvene Feb. 27, 2025 at 10:30 a.m.: Approved (voice vote; “Aye” recorded).

Why it matters

The commission’s finding determines how utility billing rules apply to the Hope Village project in this docket and removes the immediate need for a waiver of the PSC 113 individual metering requirements for that building. Commissioners stressed that separate but related questions about the customer-utility billing relationship, and how utilities identify residential occupants behind a single meter, remain subject to an open PSC 113 rulemaking that will be informed by stakeholder comments.

What was discussed

- Whether the building meets the PSC definition of a transient multi-dwelling unit; Chair Strand and two commissioners concluded it does.

- Whether commercial service rules apply when a single meter serves multiple units; Commissioner Nieto said existing statute and code provide specific protections that can apply to residential occupants even when the bill is in a landlord or commercial customer’s name, and he asked staff to coordinate with the utility for clarity.

- Administrative next steps: the commission urged robust stakeholder participation in the ongoing PSC 113 rulemaking to resolve open questions about billing, responsibility for notifying utilities, and implementation burdens.

No formal rate, tariff or monetary award was adopted in the open portion of the meeting; the record indicates the decision in this docket reflects the commission’s legal finding under the cited administrative code provision. The commission moved into a closed session for a separate litigation matter and later reported it had provided direction to legal counsel before adjourning.

Next meeting: Feb. 27, 2025, 10:30 a.m.