Chapter PSC 134

PSC 134.0615(4)(c) (c) The utility shall mail the guarantor copies of all disconnect notices sent to the customer whose account he or she has guaranteed, unless the guarantor waives such notice in writing.

PSC 134.0615(5) (5) Existing commercial or farm service.

PSC 134.0615(5)(a) (a) The utility may require an existing commercial or farm customer to furnish a deposit if the customer has not made prompt payment of all bills within the last 24 months, or if the customer has the ability to pay for the utility service but, during the cold weather disconnection rules period, had an arrears amount incurred during that period that was 80 days or more past due.

PSC 134.0615(5)(b) (b) When the utility requests a deposit of an existing commercial or farm customer, the customer shall have 30 days to provide the deposit, guarantee, or to establish an installment payment agreement.

PSC 134.0615(6) (6) Written explanation.

PSC 134.0615(6)(a) (a) A utility shall provide a written explanation of why a deposit or guarantee is being required for commercial or farm service. The explanation shall include notice of the customer’s right to appeal any deposit request or amount required under this section to the public service commission.

PSC 134.0615(6)(b) (b) The utility shall inform the customer at the time a deposit is provided that if, after 12 months of utility service, the deposit amount is greater than necessary based on actual consumption, the customer may request refund of the difference between the 2 amounts.

PSC 134.0615(7) (7) Refusal or interruption of service. Commercial or farm service may be refused or disconnected for failure to pay a deposit request, subject to the rules pertaining to disconnection and refusal of service.

PSC 134.0615 Note Note: See s. PSC 134.0622.

PSC 134.0615(8) (8) Amount of deposit.

PSC 134.0615(8)(a) (a) The maximum deposit for a new commercial or farm account shall not exceed the highest estimated gross bill for any 2 consecutive billing periods selected by the utility. If after a 12 month period the deposit amount is shown to be greater than warranted based on actual consumption, the utility shall at the customer’s request refund the difference between the 2 amounts, plus interest.

PSC 134.0615(8)(b) (b) Except as provided in par. (c), the maximum deposit for an existing commercial or farm account shall not exceed the highest actual gross bill for any 2 consecutive months within the preceding 12 month review period, as determined by the utility.

PSC 134.0615(8)(c) (c) If, during the cold weather disconnection rules period, a customer had an arrears amount incurred during this period that was 80 days or more past due and had the ability to pay for utility service, the deposit may not exceed the highest actual gross bill for any 4 consecutive months within the preceding 12 month review period, as determined by the utility.

PSC 134.0615(9) (9) Interest.

PSC 134.0615(9)(a) (a) Deposits for commercial or farm service shall bear interest from the date a deposit is made to the date it is applied to an account balance or refunded.

PSC 134.0615(9)(b) (b) The interest rate to be paid shall be subject to change annually on a calendar [year] basis. The commission shall determine the rate of interest to be paid on deposits held during the following calendar year and notify the utilities of the rate by December 15 of each year. The rate shall be equal to the weekly average yield of one-year United States treasury securities adjusted for constant maturity for the week ending on or after December 1 made available by the federal reserve board, rounded to the nearest tenth of one per cent.

PSC 134.0615(9)(c) (c) The rate of interest set by the commission shall be payable on all deposits. Utilities shall calculate the interest earned on each deposit at the time of refund and at the end of each calendar year. The interest rate in a calendar year shall apply to the amount of the deposit and to all interest accrued during the previous year(s), for the fraction of the calendar year that the deposit was held by the utility.

PSC 134.0615(10) (10) Time of refund. The deposit of a commercial or farm customer shall be refunded after 24 consecutive months of prompt payment.

PSC 134.0615(11) (11) Method of refund. Any deposit or portion thereof refunded to a commercial or farm customer shall be refunded by check unless both the customer and utility agree to a credit on the regular billing, or unless sub. (13) applies.

PSC 134.0615(12) (12) Refund at termination of service. Upon termination of commercial or farm service, the deposit, with accrued interest, shall be credited to the final bill, and the balance shall be returned within 30 days of issuing the final bill.

PSC 134.0615(13) (13) Arrearages. An arrearage owed by a commercial or farm customer may be deducted from the customer’s deposit under the following conditions:

PSC 134.0615(13)(a) (a) Except as provided in par. (c), a deposit may be used by the utility only to satisfy an arrearage occurring after the deposit was made.

PSC 134.0615(13)(b) (b) If the utility deducts an arrearage from a customer deposit, it may require the customer to bring the deposit up to its original amount. Failure of the customer to do so within 20 days of mailing a written request for payment is a ground for disconnection.

PSC 134.0615(13)(c) (c) When a deposit is refunded to the customer, the utility may first deduct any arrearage owed by the customer, whether the arrearage arose prior to or after the date of the deposit.

PSC 134.0615(14) (14) Applicability. The provisions of subs. (3) and (4) are not applicable to deposits or guarantees made in connection with the financing of extensions or other equipment.

PSC 134.0615 History History: Cr. Register, October, 1989, No. 406, eff. 11-1-89.

PSC 134.062 PSC 134.062 Disconnections, residential.

PSC 134.062(1) (1) Residential utility service may be disconnected or refused for any of the following reasons:

PSC 134.062(1)(a) (a) Failure to pay a delinquent account or failure to comply with the terms of a deferred payment agreement, as provided in s. PSC 134.063.

PSC 134.062(1)(b) (b) Violation of the utility’s rules pertaining to the use of service in a manner which interferes with the service of others or to the operation of nonstandard equipment, if the customer has first been notified and provided with reasonable opportunity to remedy the situation.

PSC 134.062(1)(c) (c) Failure to comply with deposit or guarantee arrangements, as specified in s. PSC 134.061.

PSC 134.062(1)(d) (d) Refusal or failure to permit authorized utility personnel to read the meter at least once every 6 months in order to determine actual usage. The 6-month period begins with the date of the last meter reading.

PSC 134.062(1)(e) (e) Failure to comply with Wisconsin statute, commission rule or commission order pertaining to conservation or availability of service.

PSC 134.062(1)(f) (f) Failure to pay costs or fees incurred by and awarded to the utility by a court of law, for pursuit of collection of bills, or failure to pay extraordinary collection charges as allowed and specified in the utility’s tariffs filed with the public service commission.

PSC 134.062(1)(g) (g) Failure to comply with applicable requirements of this section, or of the utility’s rules.

PSC 134.062(1)(h) (h) Delinquency in payment for service received by a previous customer or occupant at the premises to be served, if an account is transferred to a new account holder or customer and the previous account holder or customer continues to be an occupant of the dwelling unit to be served.

PSC 134.062(1)(i) (i) Connecting or causing to be connected a device or use of gas considered to be a nonessential use of natural gas which is prohibited under s. PSC 136.05.

PSC 134.062(1)(j) (j) Connecting or having connected a natural gas outdoor lighting fixture as specified in s. PSC 136.02.

PSC 134.062(1)(k) (k) Failure of an applicant for utility service to provide information or documentation required by s. PSC 134.051.

PSC 134.062(3) (3) A public utility may disconnect residential utility service, without notice, where a dangerous condition exists for as long as the condition exists.

PSC 134.062(4) (4) A public utility may disconnect residential utility service, without notice, where it has reasonable evidence that utility service is being obtained by potentially unsafe devices or potentially unsafe methods that stop or interfere with the proper metering of the utility service.

PSC 134.062(5) (5) 

PSC 134.062(5)(a) (a) Account arrears incurred by an owner or property manager for rental residential dwelling units or responsibility for non-compliance with energy conservation requirements as set out in ch. PSC 136 may be transferred, without regard to class of service, to the home or office account of the owner or property manager.

PSC 134.062(5)(b) (b) The utility shall send written notice of the planned transfer of the account arrears or responsibility for non-compliance with energy conservation requirements to the owner or property manager prior to making the transfer.

PSC 134.062(5)(c) (c) If the account arrears remain unpaid or the structure in question continues to be in non-compliance with the energy conservation requirements, the utility may disconnect the owner’s or property manager’s residence or office service, provided that the utility complies with the disconnection provisions of s. PSC 134.0624.

PSC 134.062(5)(d) (d) An owner or property manager whose account is subject to disconnection action may avoid disconnection of service by making payment, by making an agreement with the utility for an extension of time for a specific period, by entering into a deferred payment agreement under s. PSC 134.063 or by installing the required energy conservation measures in the property in question. Any disconnection shall be in compliance with s. PSC 134.0624.

PSC 134.062(6) (6) Residential utility service may not be disconnected or refused for any of the following reasons:

PSC 134.062(6)(a) (a) Delinquency in payment for service by a previous occupant of the premises to be served.

PSC 134.062(6)(b) (b) Failure to pay for merchandise or charges for non-utility service billed by the utility, except where authorized by law.

PSC 134.062(6)(c) (c) Failure to pay for a different type or class of utility service, except as provided in sub. (5).

PSC 134.062(6)(d) (d) Failure to pay the account of another customer as guarantor thereof.

PSC 134.062(6)(e) (e) Failure to pay charges arising from any underbilling occurring more than one year prior to the current billing and due to any misapplication of rates or faulty metering.

PSC 134.062(6)(f) (f) Failure to pay an estimated bill other than a bill rendered pursuant to an approved meter reading plan.

PSC 134.062(6)(g) (g) A utility to knowingly assist a landlord in the removal or eviction of a tenant from rental property.

PSC 134.062(7) (7) The residential customer shall have, in all instances, at least 20 days from the date of issuance of the bill to provide payment. An account may be deemed delinquent and notice of intent to disconnect issued after such period has elapsed. In the event of a discrepancy between the issue date and the postmark, the 20-day period shall be figured from whichever is later.

PSC 134.062(8) (8) 

PSC 134.062(8)(a) (a) A utility shall not disconnect residential service for reasons enumerated in sub. (1) unless written notice is sent to the customer by first class mail or personally served on a responsible adult member of the household at least 8 calendar days prior to the day of the proposed disconnection. If disconnection is not accomplished on or before the 15th day after the issuance of a notice, a subsequent notice shall be left on the premises not less than 24 hours nor more than 48 hours prior to disconnection.

PSC 134.062(8)(b) (b) If the billing address is different from the service address, or the account is being billed in the name of “occupant,” “resident”or other like term, notice shall be posted at each individual dwelling unit of the service address not less than 5 days before disconnection for reasons enumerated in sub. (1). If access is not possible, this notice shall be posted at a minimum, to all entrances to the building and in the lobby. Such notice shall state at a minimum:

PSC 134.062(8)(b)1. 1. The date of the notice.

PSC 134.062(8)(b)2. 2. The proposed date of disconnection.

PSC 134.062(8)(b)3. 3. That, if feasible, the occupants may apply to the utility to accept responsibility for future bills and avoid disconnection of service. Refusal or acceptance of the application for service is subject to those conditions set out in this chapter.

PSC 134.062(8)(b)4. 4. That if disconnection of service will aggravate an existing medical or protective services emergency, the occupant should contact the utility immediately.

PSC 134.062(8)(c) (c) Disconnection notice for reasons enumerated in sub. (1) shall be given upon a form approved by the commission, and shall contain the following information:

PSC 134.062(8)(c)1. 1. The name and address of the customer and the address of the service, if different.

PSC 134.062(8)(c)2. 2. A statement of the reasons for the proposed disconnection of service and that disconnection will occur if the account is not paid, or if arrangement is not made to pay the account under deferred payment agreement, or if other suitable arrangements are not made, or if equipment changes are not made. If disconnection of service is to be made for default on a deferred payment agreement, the notice shall include an explanation of the acts of the customer which are considered to constitute default.

PSC 134.062(8)(c)3. 3. A statement that the customer should communicate immediately upon receipt of the notice with the utility’s designated office, listing a telephone number, if he or she disputes the notice of delinquent account, if he or she wishes to negotiate a deferred payment agreement as an alternative to disconnection, if any resident is seriously ill, or if there are other circumstances, as the presence of infants or young children in the household, the presence of aged or handicapped residents in the household, the presence of residents who use life support systems or equipment or residents who have developmental or intellectual disabilities.

PSC 134.062(8)(c)4. 4. A statement that residential utility service will be continued during serious illness or protective services emergency if the occupant submits a statement or notice pursuant to sub. (11).

PSC 134.062(8)(c)5. 5. A statement that the customer may appeal to the public service commission staff in the event that the grounds for the proposed disconnection or the amount of any bill remains in dispute after the customer has pursued the available remedies with the utility.

PSC 134.062(9) (9) 

PSC 134.062(9)(a) (a) The utility shall make a reasonable effort to have a personal or telephone contact with the residential customer prior to disconnection. If a contact is made, the utility shall review the reasons for the pending disconnection of service, and explain what actions must be taken to avoid disconnection.

PSC 134.062(9)(b) (b) If the account is being billed in the name of “occupant,”“resident” or other like term, the utility shall also contact other utilities serving the premises and attempt to obtain the name of a responsible adult member residing at the service address.

PSC 134.062(9)(c) (c) The utility shall keep a record of these contacts and contact attempts.

PSC 134.062(10) (10) 

PSC 134.062(10)(a) (a) When a residential customer, either directly or through the public service commission, disputes a disconnection notice under s. PSC 134.064, the utility shall investigate any disputed issue and shall attempt to resolve that issue by negotiation. During this investigation and negotiation, utility service shall not be disconnected over this matter.

PSC 134.062(10)(b) (b) If a disputed issue cannot be resolved pursuant to s. PSC 134.064 (1), the utility shall inform the customer of the right to appeal to the public service commission.

PSC 134.062(11) (11) Notwithstanding any other provision of this section, other than for reasons of safety or danger, a utility may not disconnect or refuse to reconnect service to a residential premises if disconnection or refusal of reconnection of service will aggravate an existing medical or protective services emergency for the occupant, if the occupant complies with the procedures of par. (a):

PSC 134.062(11)(a) (a) A utility shall postpone the disconnection of service, or reconnect the service if disconnected, for 21 days to enable the occupant to arrange for payment, if the occupant produces a licensed Wisconsin physician’s statement or notice from a public health, social services or law enforcement official which identifies the medical or protective services emergency and specifies the period of time during which disconnection will aggravate the circumstances. The postponement may be extended by renewal of the statement or notice. During this 21 days of service, the utility and occupant shall work together to develop resources and make reasonable payment arrangements in order to continue the service on a permanent basis. Further postponements may be granted if there is evidence of reasonable communication between the utility and occupant in attempting to make arrangements for payment.

PSC 134.062(11)(b) (b) During the period service is continued under the provisions of this subsection, the customer shall be responsible for the cost of residential utility service. But no action to disconnect that service shall be taken until expiration of the period of continued service. Any customers who are in this continued service category shall be admitted into appropriate and special payment plan programs the utility may offer.

PSC 134.062(11)(c) (c) If there is a dispute concerning an existing medical or protective services emergency, either party may request informal review by the public service commission staff. Pending a decision after informal review, residential utility service shall be continued provided that the occupant has submitted the statement or notice described in par. (a).

PSC 134.062(12) (12) Residential service shall not be disconnected on a day, or on a day immediately preceding a day, when the business offices of the utility are not available to the public for the purpose of transacting all business matters unless the utility provides personnel who are readily available to the customer 24 hours per day to evaluate, negotiate or otherwise consider the customer’s objections to the disconnection as provided under s. PSC 134.064, and proper service personnel are readily available to restore service 24 hours per day.

PSC 134.062(13) (13) Notwithstanding any other provision of this chapter, residential utility service may not be refused because of a delinquent account if the customer or applicant provides as a condition of future service a deposit or guarantee as governed by s. PSC 134.061, or a voucher agreement.

PSC 134.062 History History: Cr. Register, January, 1975, No. 229, eff. 2-1-75; am. (1) (a) and (5) (a), Register, December, 1975, No. 240, eff. 1-1-76; am. (2) (intro.), Register, March, 1979, No. 279, eff. 4-1-79; emerg. cr. (2) (g), eff. 1-26-80; cr. (2) (f), Register, January, 1980, No. 289, eff. 2-1-80; cr. (2) (e), Register, February, 1980, No. 290, eff. 3-1-80; cr. (2) (g), Register, July, 1980, No. 295, eff. 8-1-80; emerg. cr. (10), eff. 12-17-81; cr. (2) (h), Register, September, 1982, No. 321, eff. 10-1-82; cr. (10), Register, September, 1983, No. 333, eff. 10-1-83; am. (8) (a), Register, June, 1986, No. 366, eff. 7-1-86; r. (9) (b), Register, May, 1987, No. 377, eff. 6-1-87; r. and recr. Register, October, 1989, No. 406, eff. 11-1-89; correction in (1) (g) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1997, No. 501; CR 13-048: am. (1) (k), r. (1) (L), (2) Register July 2014 No. 703, eff. 8-1-14; 2019 Wis. Act 1: am. (8) (c) 3. Register May 2019 No. 761, eff. 6-1-19; correction in (1) (g) made under s. 13.92 (4) (b) 7., Stats., Register March 2023 No. 807.

PSC 134.0622 PSC 134.0622 Disconnections, commercial and farm accounts.

PSC 134.0622(1) (1) Commercial or farm accounts which involve residential dwellings shall be subject to s. PSC 134.0624.

PSC 134.0622(2) (2) Commercial or farm utility service may be disconnected or refused for any of the following reasons:

PSC 134.0622(2)(a) (a) Failure to pay a delinquent account.

PSC 134.0622(2)(b) (b) Violation of the utility’s rules pertaining to the use of service in a manner which interferes with the service of others or to the operation of non-standard equipment, if the customer has first been notified and provided with reasonable opportunity to remedy the situation.

PSC 134.0622(2)(c) (c) Failure to comply with the deposit, guarantee arrangement, or installment payment agreement, as specified in s. PSC 134.0615.

PSC 134.0622(2)(d) (d) Refusal or failure to permit authorized utility personnel to read the meter at least once every 6 months in order to determine actual usage. The 6-month period begins with the date of the last meter reading.