Chapter PSC 134

PSC 134.0622(8)(c) (c) Disconnection notice for reasons enumerated in sub. (2) shall be given upon a form approved by the commission, and shall contain the following information:

PSC 134.0622(8)(c)1. 1. The name and address of the customer and the address of the service, if different.

PSC 134.0622(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, or if other suitable arrangements are not made, or if equipment changes are not made.

PSC 134.0622(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, or if he or she wishes to negotiate a payment agreement as an alternative to disconnection.

PSC 134.0622(8)(c)4. 4. 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 134.0622(9) (9) The utility shall make a reasonable effort to have a personal or telephone contact with the commercial or farm 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. The utility shall keep a record of these contacts and contact attempts.

PSC 134.0622(10) (10) 

PSC 134.0622(10)(a) (a) When a commercial or farm customer, either directly or through the public service commission, disputes a disconnection notice, the utility shall investigate any disputed issue and attempt to resolve that issue by negotiation. During this investigation and negotiation, utility service shall not be disconnected over this matter.

PSC 134.0622(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 134.0622(11) (11) Commercial or farm 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 134.0622 History History: Cr. Register, October, 1989, No. 406, eff. 11-1-89; correction in (2) (g) made under s. 13.93 (2m) (b) 7., Stats., Register April 2007 No. 616; correction in (2) (g) made under s. 13.92 (4) (b) 7., Stats., Register March 2023 No. 807.

PSC 134.0623 PSC 134.0623 Reconnection of service.

PSC 134.0623(1) (1) 

PSC 134.0623(1)(a) (a) By June 1 of each year, or at a date designated by order of the commission, each gas utility in Wisconsin serving more than 400,000 customers shall submit a fall reconnection plan for review and approval by commission order. The plan shall provide reasonable means, including a time table for personal contacts, that will be used to assure that all premises to which service was disconnected within the past 12 months and remains disconnected for nonpayment shall be contacted prior to October 25, or at a date set by commission order, to inform them of available payment options such as budget billing or deferred payment agreements.

PSC 134.0623(1)(b) (b) Prior to October 15 of each year, or at a date designated by order of the commission, all gas utilities serving fewer than 400,000 customers shall attempt by letter, telephone, or personal visit to contact all households at premises to which service was disconnected within the past 12 months and remains disconnected for nonpayment and inform them of available payment options such as budget billing or deferred payment agreements. If a letter, telephone call or personal visit does not result in a response from an adult member of the household by October 15 or at a date designated by order of the commission, a subsequent personal visit shall be made no later than October 25, or at a date designated by order of the commission.

PSC 134.0623(1)(c) (c) For any household remaining disconnected after October 25, the utility shall continue its efforts to have a personal contact with the household and determine its situation. The utility shall make a personal contact attempt after the date of disconnection and before November 1 for any household disconnected between October 15 and October 31. If, during any of the contacts made to carry out this section, any gas utility or its representative observes a danger to human health or life due to the disconnection, the utility shall immediately restore service. A record shall be made of all contacts and attempted contacts made to comply with this section.

PSC 134.0623(2) (2) By November 15th of each year, a utility shall file a report with the commission stating the number of dwellings assumed to be occupied where service remains disconnected as of November 1 or later and the reason that service has not been reconnected to that dwelling. On other dates designated by order of the commission, a utility shall file periodic reports with the commission listing the number of assumed to be occupied dwellings where service remains disconnected.

PSC 134.0623(3) (3) A utility shall cooperate with law enforcement and social service agencies in instances involving protective services emergencies. The utility shall refer to the appropriate social service agency any situation it identifies in its reconnection efforts where it appears that intervention by a social service agency is appropriate. Local law enforcement and social service agencies may use the commission’s dispute resolution process on behalf of a household without service because of nonpayment.

PSC 134.0623 History History: Emerg. cr. 11-7-84; cr. Register, December, 1984, No. 348, eff. 1-1-85; am. Register, December, 1987, No. 384, eff. 1-1-88; emerg. r. and recr. eff. 10-25-88; r. and recr. Register, October, 1989, No. 406, eff. 11-1-89.

PSC 134.0624 PSC 134.0624 Cold weather disconnections.

PSC 134.0624(1) (1) Declaration of policy. The public service commission of Wisconsin recognizes that there are many citizens of the state who, because of income, infirmities of aging, other developmental or intellectual disabilities or like infirmities incurred at any age, or the frailties associated with being very young, need protection from cold weather disconnections. This section is intended to provide that protection as enumerated below. It is the further intent of the public service commission that these rules be used as guidelines to identify those customers who are not covered by sub. (3). For households subject to disconnection under this section, any disconnection permitted by this chapter during the cold weather period defined below shall be made only as a last resort, after all other legal means of recourse have been attempted and proven unsuccessful.

PSC 134.0624(2) (2) Applicability.

PSC 134.0624(2)(a) (a) This section applies to disconnections for nonpayment of utility service which provides the primary heat source or energy source affecting the primary heat source to residential dwelling units occurring during the period November 1 to April 15 in any year for all occupied residences.

PSC 134.0624(2)(b) (b) This section shall not apply to disconnections of service as set forth in s. PSC 134.062 (1) (b), (3), (4), or disconnections for remodeling or repairs.

PSC 134.0624(3) (3) Customer requested termination. With regard to customer-requested termination of service at an unoccupied residence, the utility may rely on verification by the owner or the owner’s agent that the residence is unoccupied, provided that the utility visits the premises at the time of disconnection and verifies that the premises are not occupied. The utility shall keep a written record of the utility determination that the premises are unoccupied.

PSC 134.0624(4) (4) Conditions for disconnection. A utility may disconnect only those households whose gross quarterly incomes are above 250% of the federal income poverty guidelines and where health and safety would not be endangered, because of the infirmities of age, other developmental or intellectual disabilities or like infirmities incurred at any age or the frailties associated with being very young, if service were terminated or not restored.

PSC 134.0624(5) (5) Verification.

PSC 134.0624(5)(a) (a) The burden of proof that a household is eligible for disconnection as defined in sub. (4) shall be the responsibility of the utility.

PSC 134.0624(5)(b) (b) The utility, as part of its filing with the public service commission pursuant to sub. (12) (b), shall include how it will verify the household’s income and situation.

PSC 134.0624(6) (6) Notice.

PSC 134.0624(6)(a) (a) Prior to, and again at the time of disconnection of service, a utility representative shall meet personally with a responsible, adult member of the household to discover any circumstances which deserve special attention, such as medical problems or disabilities.

PSC 134.0624(6)(b) (b) The utility shall maintain a record of all contacts with the household from the time that notice of pending disconnection is first given.

PSC 134.0624(7) (7) Telephone availability. A utility shall provide its emergency after-hours telephone number to all households scheduled for utility service disconnection.

PSC 134.0624(8) (8) Customer and occupant service information. Prior to disconnection, a utility shall inform the household of the availability of deferred payment agreements, budget billing, and in the case of a noncustomer occupant, the option of accepting responsibility for future bills.

PSC 134.0624(9) (9) No disconnection on certain days. A utility may not disconnect service to an occupied dwelling on a Friday, Saturday, Sunday, holiday or on a day when utility personnel are not readily available to the occupant 24 hours per day to negotiate restoration of service.

PSC 134.0624(10) (10) Third party contacts. If the household has previously requested that a specific third party be notified before disconnection, the utility shall contact that third party prior to disconnecting service.

PSC 134.0624(11) (11) Management-level employee. The utility shall designate by November 1 each year one or more executive employees who will be responsible for final approval of the disconnection of utility service, and notify the commission, in writing, of the name, title, and contact number of the person or persons so designated. The designated employee shall certify on a form approved by the commission that all appropriate code provisions have been met prior to authorizing disconnection. For investor-owned utilities with 30,000 or more customers, the designated person shall be an employee with at least the position of vice president. For investor-owned utilities with fewer than 30,000 customers, the designated employee shall be the utility president. For a municipal utility the designated employee shall be either the general manager or chairperson of the governing board. A utility may designate an employee in the absence of the above-listed personnel because of illness or vacation.

PSC 134.0624(12) (12) Reports.

PSC 134.0624(12)(a) (a) The utility shall report each disconnection of service to an occupied dwelling, by facsimile transmission, if available, or telephone to the consumer services bureau of the public service commission by 3:30 p.m. the same day the disconnection takes place.

PSC 134.0624(12)(b) (b) If a utility intends to make any disconnection of service to occupied dwellings under the provisions of this section, it shall each year, prior to making any disconnections, file procedures for review and receive approval by order of the public service commission describing how it intends to identify the occupied dwellings subject to disconnection. If within 60 days of submission the commission has not, by order, approved the procedures, the procedures shall be considered disapproved.

PSC 134.0624(13) (13) Follow-up visit.

PSC 134.0624(13)(a) (a) By the end of the work day following the day of disconnection, the utility shall make an in-person visit to the occupied dwelling to check on the household’s wellbeing and to ensure there is no danger to human health and life. The utility shall again inform the household of the availability of deferred payment or budget billing agreements, shelter assistance, and in the case of a noncustomer occupant, the option of accepting responsibility for payment of future bills. If the utility or its representative observes a danger to human health or life due to the disconnection, the utility shall immediately restore service.

PSC 134.0624(13)(b) (b) The utility may request that the visit required under par. (a) be made by a representative of a city health department, local health and social service agency, local law enforcement agency, or similar authority, but ultimate responsibility for the visit shall remain with the utility.

PSC 134.0624(13)(c) (c) The utility shall make a written record of the visit required under par. (a).

PSC 134.0624(14) (14) Internal procedures. The utility shall submit for approval by commission order copies of its written internal procedures for implementing this section and any materials used in training its employees to carry out these rules. If within 60 days of submission the commission has not, by order, approved the internal procedures, the procedures shall be considered disapproved. The utility shall review these procedures annually and update the filed procedures when appropriate. A utility which does not disconnect occupied residences for nonpayment during the winter period is not required to file such procedures.

PSC 134.0624 History History: Emerg. cr. 11-7-84; cr. Register, December, 1984, No. 348, eff. 1-1-85; am. (1), (3) and (4), Register, December, 1987, No. 384, eff. 1-1-88; emerg. r. and recr. eff. 10-25-88; r. and recr. Register, October, 1989, No. 406, eff. 11-1-89; corrections in (5) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1997, No. 501; 2019 Wis. Act 1: am. (1), (4) Register May 2019 No. 761, eff. 6-1-19.

PSC 134.0625 PSC 134.0625 Customer-requested termination of service. With regard to customer-requested termination of service at an unoccupied residence, the utility may rely on verification by the owner or the owner’s agent that the residence is unoccupied, provided that the utility visits the premises at the time of termination of service and has no reason to believe that the premises are occupied. If the premises appear to be occupied, the utility shall follow the procedures set out in s. PSC 134.062 (8) (b).

PSC 134.0625 History History: Cr. Register, October, 1989, No. 406, eff. 11-1-89.

PSC 134.063 PSC 134.063 Deferred payment agreement.

PSC 134.063(1) (1) A utility is required to offer deferred payment agreements only to residential accounts and may offer such agreements to other customers.

PSC 134.063(2) (2) Every deferred payment agreement entered into due to the customer’s inability to pay the outstanding bill in full shall provide that service will not be disconnected if the customer pays a reasonable amount of the outstanding bill and agrees to pay the remaining outstanding balance in reasonable installments.

PSC 134.063(3) (3) For purposes of determining reasonableness in sub. (2), the parties shall consider the customer’s ability to pay, including the following factors:

PSC 134.063(3)(a) (a) Size of the delinquent account.

PSC 134.063(3)(b) (b) Customer’s payment history.

PSC 134.063(3)(c) (c) Time that the debt has been outstanding.

PSC 134.063(3)(d) (d) Reasons why the debt has been outstanding.

PSC 134.063(3)(e) (e) Any other relevant factors concerning the circumstances of the customer, as household size, income and expenses.

PSC 134.063(4) (4) A deferred payment agreement offered by a utility shall state immediately preceding the space provided for the customer’s signature and in bold face print at least 2 type sizes larger than any other used thereon,

“RIGHT OF APPEAL

• If you are not satisfied with this agreement, DON’T SIGN IT.

• You have the right to suggest a different payment arrangement.

• If you and the utility can’t agree on terms, you can ask the public service commission to review the disputed issues.

• If you sign this agreement, you agree that you owe the amount due under the agreement.

• Signing this agreement does not affect your responsibility to pay for your current service.”

PSC 134.063(5) (5) A delinquent amount covered by a deferred payment agreement shall not be subject to a late payment charge if the customer meets the payment schedule required by the agreement.

PSC 134.063(6) (6) A special payment agreement entered into by the customer and the utility through the utility’s early identification program shall be given the force and effect of a deferred payment agreement for purposes of late payment charges.

PSC 134.063(7) (7) If a utility customer has not fulfilled the terms of a deferred payment agreement, and there has not been a significant change in the customer’s ability to pay since the agreement was negotiated, the utility may disconnect utility service pursuant to disconnection of service rules, ss. PSC 134.062 and 134.0624, and shall not be required to negotiate a subsequent deferred payment agreement prior to disconnection.

PSC 134.063(8) (8) Payments made by a customer in compliance with a deferred payment agreement shall first be considered made in payment of the previous account balance with any remainder credited to the current bill.

PSC 134.063(9) (9) If a deferred payment agreement cannot be reached because the customer’s offer is unacceptable to the utility, the utility shall inform the customer in writing why the customer’s offer was not acceptable.

PSC 134.063 History History: Emerg. cr. eff. 1-21-75; cr. Register, January, 1975, No. 229, eff. 2-1-75; am., Register, March, 1979, No. 279, eff. 4-1-79; r. and recr. Register, October, 1989, No. 406, eff. 11-1-89.

PSC 134.064 PSC 134.064 Dispute procedures.

PSC 134.064(1) (1) Whenever the customer disputes the utility’s request for a deposit or other guarantee, or advises the utility’s designated office that all or any part of any billing as rendered is in dispute, or that any matter related to the disconnection or refusal of service is in dispute, the utility shall:

PSC 134.064(1)(a) (a) Investigate the dispute promptly and completely.

PSC 134.064(1)(b) (b) Advise the customer of the results of the investigation.

PSC 134.064(1)(c) (c) Attempt to resolve the dispute.

PSC 134.064(1)(d) (d) Provide the opportunity for the residential customer to enter into a deferred payment agreement under s. PSC 134.064 when applicable in order to resolve the dispute.

PSC 134.064(2) (2) After the customer has pursued the available remedies with the utility, he or she may request that the public service commission staff informally review the disputed issue and recommend terms of settlement.

PSC 134.064(3) (3) 

PSC 134.064(3)(a) (a) A customer’s request for informal review may be made in any reasonable manner such as by written notice or telephoned request directed to the public service commission. By telephone or written request the public service commission staff may request the utility to investigate the dispute.

PSC 134.064(3)(b) (b) A utility shall respond to public service commission staff’s request for an investigation in a prompt manner. Based on information provided by the utility and the customer, public service commission staff shall make an informal determination for settlement of the dispute and communicate that determination to both by telephone or mail. Either party to the dispute may request and receive the public service commission staff determination, and the basis for it, in writing. Commission staff shall inform any customer disputing an informal determination of the right to pursue a formal review. Staff shall inform the customer that a request for formal review shall include any information or arguments that the customer believes the commission should consider.

PSC 134.064(3)(c) (c) There shall be at least 7 days between the date the public service commission staff telephones or mails written notice of terms of settlement after informal review and any subsequent disconnection.

PSC 134.064(4) (4) 

PSC 134.064(4)(a) (a) After informal review, any party to the dispute may make a written request for a formal review by the commission itself. To avoid disconnection pending a formal review, the customer must request a formal review by the commission, in writing, within 7 days of the issue of the informal determination. All other requests for formal review shall be made within 30 days of the date the commission staff telephones or mails written notice of terms of settlement after informal review. If written confirmation of the staff telephone notice is requested and mailed, the 30 day period begins from the date of that mailing.

PSC 134.064(4)(b) (b) Within 7 days of receiving a request for formal review in a dispute involving a pending disconnection of service, the commission shall make a determination whether to grant the request for formal review. The commission shall base its determination on the request for formal review and commission staff’s informal complaint file. Within 35 days from the time that all other requests for formal review are made, staff shall provide the commission with a memorandum based on the information it has received from the utility and the customer. A copy of the commission staff memorandum shall be provided to the parties 15 days prior to consideration by the commission. Either party to the complaint may file a response to the commission staff’s memorandum. These comments shall be filed with the commission 2 working days prior to the date scheduled for consideration by the commission. The commission shall inform both parties of its decision.

PSC 134.064(5) (5) Either party to the complaint may request that the commission reconsider its formal determination under this section. Such requests shall comply with s. 227.49, Stats., and must be received by the commission within 20 days of mailing of the commission’s determination. A request for reconsideration shall include any additional information or arguments that the party believes were not considered in the original complaint. The commission may review and reaffirm its original decision, issue a new decision, or decide to hold hearing on the matter for the gathering of additional information.

PSC 134.064(6) (6) 

PSC 134.064(6)(a) (a) If the commission decides to conduct formal hearing under sub. (5) on the dispute, the commission may condition the terms of its granting a formal hearing. Failure to meet these conditions before hearing shall constitute waiver of the dispute by the customer.

PSC 134.064(6)(b) (b) The hearing shall conform to the procedures of ss. 196.26 to 196.34, Stats.

PSC 134.064(6)(c) (c) The hearing shall be held not less than 10 days following a notice of hearing and a decision thereon shall be rendered following the conclusion of the hearing.