Public Service Commission says Hope Village meets transient-exemption; individual metering rule not applied

The Public Service Commission on Feb. 20, 2025 voted to find that Hope Village tiny housing alternatives, a newly constructed multi-dwelling residential building, meets the definition of a transient multi-dwelling unit building and therefore the individual metering requirements in Wisconsin Administrative Code chapter PSC 113 do not apply.

The finding was made during the commission's open meeting in docket 4220-EI-112 after staff prepared a memo and compiled record evidence about the project. Chair Strand said the record and 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 administration code section PSC 113.0803 sub 1 do not apply." The motion was adopted on a voice vote; all commissioners present voted in favor.

The commission emphasized that a separate, ongoing rulemaking to revise the administrative rule governing individual metering remains open. Chair Strand and other commissioners said the rulemaking should include robust stakeholder participation so the commission can address broader questions raised in this and related waiver requests.

Commissioner Nieto, who spoke during the item, raised concerns about the customer-utility relationship when a single meter serves multiple units. Nieto said utilities had clarified they would not disconnect service during medical emergencies but warned against assuming that commercial service rules automatically replace residential protections. "While it is correct that in these cases, the occupants are no longer the customer responsible for the payment of bills as defined in the code, it's not correct that the commercial service rules apply," Nieto said, and asked that the commission's customer affairs team "reach out to the utility and work through any areas that may need further discussion to ensure there's a common understanding of where the commercial service rules apply versus the residential service rules."

Commissioner Hawkins agreed with the decision that the project meets the transient classification and reiterated that the rulemaking process should clarify which party (building owner or utility) bears responsibility for identifying residential occupants behind a single meter. Hawkins said utilities appear able to track whether residential customers occupy commercial property but noted utilities had raised concerns about the administrative burden of doing so in comments to the rulemaking record.

After the open discussion and the vote on docket 4220-EI-112, the commission recessed into closed session under Wisconsin statute section 19.85 to discuss a litigation matter listed as agenda item 8; upon reconvening the commission reported it had given direction to legal counsel on that matter. The commission then adjourned; its next open meeting is scheduled for Feb. 27, 2025, at 10:30 a.m.

Votes at a glance

- Approval of minutes of the Feb. 12, 2025 open meeting: approved (voice vote). - Approval of notices of investigation associated with agenda items 2 through 5: approved (voice vote). - Approval of the notice of proceeding associated with agenda item 6: approved (voice vote). - Docket 4220-EI-112 (Hope Village tiny housing alternatives) ' Motion: find individual metering requirements of Wis. Admin. Code ch. PSC 113 do not apply because Hope Village meets the definition of a transient multi-dwelling unit building: approved (voice vote). - Motion to go into closed session pursuant to Wisconsin statute section 19.85: approved (voice vote). - Motion to adjourn until Feb. 27, 2025: approved (voice vote).

Because the commission's decision in docket 4220-EI-112 was based on the transient-building definition, commissioners said they did not need to resolve other alternate decision points in the staff memo for this specific waiver request. Discussion during the item focused on clarifying how residential customer protections apply when a landlord or building owner is the billed customer and how the forthcoming PSC rule revision should address those issues.