Commission Orders Establishing PAYS® Precedents

Five states (New Hampshire, Hawaii, Kansas, Kentucky, and Arkansas) have tariffs approved by their state-regulator. The Tennessee Valley Authority (TVA) approved the tariff in Tennessee. Utilities in North Carolina and California implemented tariffs that did not require approval of their public utilities commissions. Here is a list of Commission orders noting highlights.

New Hampshire

NHPUC Order 23574, 11/1/00 (discusses Pay As You Save® and why it should be considered, page 18, Section G)

NHPUC Order 23758, 8/7/01 (rules that NHPUC has the power to allow PAYS charges to run with the location and allow utilities to disconnect for non-payment of the charges)

NHPUC Order 23851, 11/29/01 (approval of the pilots designed by EEI and filed by two utilities: Public Service Company of New Hampshire and New Hampshire Electric Cooperative)

NHPUC Order 24417, 12/30/04 (requires both utilities to continue offering PAYS programs over their objections and that of other NH utilities)


HPUC Order 22974, 10/24/06 (initiates an investigation regarding implementation of the Hawaii Legislature’s Act 240, which requires Hawaii utilities to operate PAYS programs, and cites the Commission’s authority to do so) 

HPUC Order 23531, 6/29/07 (approves Solar Water Heating PAYS tariffs for four Hawaii utilities with a notable statement on disconnection for non-payment for PAYS charges as sound public policy, p. 35)

HPUC Order 30974, 2/1/13 (made Hawaii the first state in the nation to authorize tariffed on-bill programs statewide, stating a preference for tariffed-based on-bill programs over loan-based programs, pp. 30 – 31)


KCC Order, Dockets No. 07-MDWG-784-TAR and 07-MDWE-788-TAR, 8/16/07 (approves Midwest Energy’s filing for a PAYS tariff for its How$mart program)

KCC Order, Docket Nos. 07-MDWG-784-TAR and 07-MDWE-788-TAR, Reconsideration, 12/20/07 (reconsiders its 8/16/07 order and re-approves its decision to authorize Midwest Energy to offer a PAYSTariff with disconnection for non-payment) 


KYPSC Case 2010-00089, 12/16/10 (order approving PAYS pilot programs serving 200 – 300 customers split among for four public power utilities)


APSC Docket No. 15-106-TF Order No. 2 Ouachita, 2/8/16 (approves PAYS tariff for Ouachita Electric Cooperative Corporation noting it as an …innovative approach to achieving significant energy efficiency improvements in hard-to-reach segments of Ouachita’s member-owner base. p.10