023-3 Wyo. Code R. §§ 3-7 - Customer Deposits

A utility may require a deposit to guarantee payment. This deposit shall not be considered advance payment of bills, but shall be held as security for payment of service rendered. The utility may refuse service to an applicant or discontinue service to a customer for failure to comply with this section. Utility policies governing customer deposits shall be applied uniformly.

(a) The utility may require a deposit if:

(i) A prior service account with the utility remains unpaid and undisputed at the time of application for service;

(ii) Service from the utility has been terminated for:

(A) Nonpayment of any undisputed delinquent bill;

(B) Failure to reimburse the utility for damages due to the customer's negligent or intentional acts; or

(C) Acquisition, diversion or use of service without the authorization of or knowledge by the utility.

(iii) Information provided upon application for service is materially false or a misrepresentation;

(iv) The application is for initial service with the utility or the applicant did not have service with the utility for a period of at least 12 consecutive months during the past four years;

(v) The applicant or non-residential customer is unable to pass an objective credit screen per tariff;

(vi) The request is for service at an address where a former customer with an undisputed delinquent bill for service still resides or conducts business;

(vii) The applicant for service, or the customer, has been brought within the jurisdiction of the bankruptcy court or has had a receiver appointed in a state court proceeding, within the five-year period immediately preceding the request for service; or

(viii) A utility has determined that it has a significant financial risk in continuing to provide service to a specific load or non-residential customer. The utility shall file a confidential petition requesting expedited review and Commission approval prior to collecting the customer deposit. The petition shall contain the basis for the utility's determination, the amount of deposit sought and sufficient information for the Commission to contact the customer.

(b) A utility shall not require a deposit as a condition of new or continued utility service based upon any criterion not specifically authorized by these Rules.

(c) Unless otherwise ordered by the Commission, the required deposit shall not exceed the total amount of the customer's estimated bill for three months of highest use based on the premise's monthly bills during the immediate previous 12-month period.

(d) The utility shall retain records showing:

(i) The name and address of each customer making the deposit;

(ii) The date and amount of the deposit; and

(iii) Each accounting transaction concerning the deposit.

(e) The utility shall provide the customer a non-assignable receipt or other record of deposit, showing the date and amount received.

(f) The utility shall calculate simple interest on deposits at the Commission Authorized Interest Rate. Interest shall apply only to deposits held for at least six months, but shall accrue from the initial date of deposit through the date the deposit is returned to the customer.

(g) The utility may accept a written guarantee from an acceptable guarantor in lieu of a deposit to pay a customer's bill. After the utility has verified the customer's identity, the customer shall agree to permit the utility to provide the customer's account information to the guarantor upon the customer's default.

(h) Deposits and any unpaid interest earned on deposits shall be applied as a credit to the customer's bill, unless requested by the customer to be refunded, when:

(i) The accrued interest equals or exceeds $10.00. The utility shall apply the credit at least annually;

(ii) A residential customer has received 12 consecutive months of service, with no cause to disconnect and bills have been paid when due;

(iii) A commercial or industrial customer has received 12 consecutive months of service, with no cause to disconnect, bills have been paid when due and passes an objective credit screen; or

(iv) Service is discontinued. The utility shall not require the customer to provide the original receipt in order for the deposit to be returned. Any credit balance on the account after the deposit is applied shall be refunded to the customer. If the utility is unable to make the refund due to lack of knowledge of the customer's location, additional interest will not accrue after the service discontinuation date. The utility shall manage such deposits as unclaimed property as required by Wyoming law.

Notes

023-3 Wyo. Code R. §§ 3-7

Adopted, Eff. 3/21/2016. Amended, Eff. 4/8/2019. Amended, Eff. 8/24/2020. Amended, Eff. 1/26/2021. Amended, Eff. 1/3/2022. Amended, Eff. 9/15/2022. Amended, Eff. 3/8/2023.