Each AMP must be designed in accordance with the provisions
of this Section.
A.
Eligibility
Criteria
Each T&D Utility's AMP must be available to its Eligible
Customers who meet the following eligibility criteria:
1. The Residential Customer must meet the
eligibility criteria for HEAP or LIAP;
2. The Residential Customer must have an
Arrearage Amount equal to or greater than $500, where a portion of the
arrearage amount is at least 90 days in arrears;
3. The account in arrears must be a
residential electric account that is taking service on a continuing year-round
basis; and
4. A Residential
Customer is not eligible for an AMP if the customer has previously participated
in an AMP in the previous six years, voluntarily withdrawn from an AMP in the
previous six years, or is in Default under an AMP in the previous six years.
The six year calculation starts from the time of Program completion,
withdrawal, or Default. In situations where a Residential Customer is in
Default under an AMP, the customer is eligible to participate in the AMP only
if the customer meets the requirements of section
3(I) of this
chapter.
B.
Administration
Each AMP will be administered by the T&D Utility with
oversight by the Commission. AMP administration includes eligibility
certification, benefit determination, coordination with the EMT, and any other
administrative duty necessary to carry out the intent of this Chapter.
C.
Required
Provisions
Each T&D Utility will implement and administer an AMP
that:
1. Is structured in a way that
incentivizes on-time bill payment with the intention of developing positive
payment habits in Program Participants that will continue beyond Program
completion;
2. Requires each
Program Participant to pay the current amount due for each of their monthly
bills on-time to receive Forgiveness and to continue participating in the AMP.
For customers on a Payment Arrangement at the time of their enrollment, the
Payment Arrangement may be discontinued and instead the customer will be
required to pay each month's current amount due on-time to participate in the
AMP. An AMP must be designed to ensure that a new Program Participant pay only
the current amount due in the month that the customer is enrolled to ensure
that a customer is not required to pay more than a single month's worth of
service. This may require a utility to withhold enrollment until the next
billing cycle. An AMP may allow a Program Participant to stay on an existing
Payment Arrangement or enter into a new Payment Arrangement to pay more than
the current amount due each month and receive additional Forgiveness through an
incentive program, if such a program is offered by the T&D Utility,
pursuant to section
3(D) below. With
respect to SPA's that are structured to allow customers to pay less than the
current amount due in the winter months to be made up by the customer paying
more than the current amount due in the non-winter months, an AMP should allow
a Program Participant to enter into an SPA and continue to participate in the
AMP. In this event, the monthly amount due for the Program Participant under
the terms of the AMP, both during the winter period and the summer period, will
be the amount due pursuant to the terms of the SPA and the Program Participant
will not be eligible receive additional Forgiveness through an incentive
program for payments made pursuant to the SPA;
3. Allows residential applicants who qualify
for the AMP at the time they apply for service to apply to participate in the
T&D Utility's AMP prior to the actual provision of service. In these
situations, if the applicant is approved to participate in the T&D
Utility's AMP, the utility may require the applicant to pay any applicable
deposit and reconnection fees and may require the applicant to pay up to 10% of
the applicant's arrearage amount or $500, whichever amount is less, as a
prerequisite for receiving service and participating in the AMP. If the T&D
Utility requires the applicant to pay a deposit, it must follow the process
described in section 12(B)(1)(b) of Chapter 815. Once the applicant pays this
amount, the T&D Utility will provide service to the applicant and enroll
the applicant in its AMP. If the applicant fails to pay this amount, the
utility may require the applicant to pay the amount necessary to receive
service as allowed by Chapter 815 of the Commission's rules as a prerequisite
for receiving service;
4. Is
structured so that once enrolled, a Program Participant will be eligible for
Forgiveness of up to 100% of their Arrearage Amount at the time of their
enrollment, subject to the monthly cap and duration of the AMP term.
Forgiveness will be applied to the Arrearage Amount in monthly amounts equal to
one-twelfth of the Program Participant's Arrearage Amount at the time of
enrollment, each time a Program Participant pays their current amount due on
time, up to a maximum of $500 a month until either:
(i) a Program Participant Defaults;
(ii) 12 monthly Forgiveness applications are
made; or
(iii) the Arrearage Amount
has been fully Forgiven. Consumer-owned T&D Utilities may propose an
alternative monthly cap which the Commission may approve with good cause
shown;
5. Runs for a
12-month period from the date upon which the Program Participant was enrolled.
Participants with Arrearage Amounts that are greater than $6,000, or that
otherwise are not fully forgiven after a 12-month period, and who successfully
complete a full year of the AMP may reapply to continue participating in the
AMP in subsequent years until the earlier of when:
(i) the Program terminates; or
(ii) the Participant's full Arrearage Amount
is forgiven; and
6.
Includes an Electricity Usage Assessment performed by the EMT at no cost to the
Program Participant.
D.
Incentives
Subject to Commission approval, T&D Utilities may propose
AMP design features and provisions that provide additional incentives for
improved and sustained customer bill payment performance and electricity usage
reductions. These incentives may include arrearage Forgiveness amounts greater
than those included in subsection C(4) above.
E.
Enrollment Process
Eligible Customers may enroll in an AMP at any time during
the AMP year. Eligible Customers must affirmatively enroll into an AMP program
and may not be enrolled by a T&D Utility without the Eligible Customer's
authorization.
Enrollment must be done using the Standard Intake Form,
unless an alternative form or process is approved by the Commission. A CAA
responsible for HEAP or LIAP administration in the customer's service area may
complete and submit the form on behalf of a customer to the T&D Utility for
enrollment.
F.
Fees
and Down Payments Prohibited
Eligible Customers may not be charged any additional
administrative fees or be required to make a down payment on any Arrearage
Amount as a condition of enrollment in an AMP.
G.
Default
When a required monthly payment is not made on time, a
Program Participant will be considered in Default and removed from the AMP.
Reinstatement is allowed as provided in subsection I below.
H.
Voluntary Withdrawal
Program Participants may withdraw from the AMP at any time.
Such withdrawal will disqualify a customer from future participation for six
years starting from the date of withdrawal.
I.
Reinstatement after Default
Each AMP must provide a mechanism to allow Eligible Customers
who have Defaulted to be reinstated into the AMP by payment in full of the
missed monthly payment(s), including all late-payment fees. Each AMP must allow
a maximum of two Defaults. Once the maximum number of Defaults is exceeded, the
customer is no longer eligible to participate in the AMP for six years starting
from the date of the second Default, even if the Defaults are cured.
J.
Energy Efficiency
As a condition of enrollment and ongoing eligibility, a
Program Participant must agree to accept energy management measures, tools,
technology and programs offered at no cost by the Participant's T&D
Utility, the EMT, the MSHA, or other federally or state-funded programs and
complete the Usage Assessment for the Program Participant's dwelling or rental
unit, to the extent such acceptance is within the Program Participant's
control.
K.
Term of
the AMP
The term for customer enrollment in AMPs must be from October
1, 2023, through September 30, 2024, which is the effective date upon which Ch.
556 is repealed No new Program Participants will be enrolled after this date.
Customers enrolled in an AMP on or before September 30, 2024, will be eligible
for arrears Forgiveness under the AMP for 12-months following the customer's
enrollment date.
L.
Continuing Applicability of Chapter 815
Except as specifically varied by this Chapter or by terms and
conditions approved by the Commission, the provisions of Chapter 815 must
continue to apply.
