Chapter PSC 134

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.

PSC 134.064(7) (7) Utility service shall not be disconnected or refused because of any disputed matter while the disputed matter is being pursued in accordance with the provisions of this section. The utility shall inform the customer that pursuing a disputed matter does not relieve the customer from the obligation of paying charges which are not in dispute, or prevent disconnection of service for nonpayment of undisputed charges.

PSC 134.064 History History: Emerg. cr. eff. 1-21-75; cr. Register, January, 1975, No. 229, eff. 2-1-75; am. (1), (3) (b) and (4), Register, December, 1975, No. 240, eff. 1-1-76; am. (1) (intro.), Register, March, 1979, No. 279, eff. 4-1-79; emerg. am. (2) (a) and (b) and (3), eff. 12-17-81; am. (2) (a) and (b) and (3), Register, July, 1982, No. 319, eff. 8-1-82; r. and recr. Register, October, 1989, No. 406, eff. 11-1-89.

PSC 134.10 PSC 134.10 Service on customer’s premises.

PSC 134.10(1) (1) All changes in the heating value standard, all changes in pressure and specific gravity greater than the allowable variation, and changes in the composition of the gas which would materially affect the operation of the customer’s appliances must be accompanied by a general inspection and adjustment of all appliances that would be affected by the changes. The utility shall make such adjustments and such changes to all customers’ appliances that are connected to an interior piping system at the time of the change as may be necessary in order that the appliance may operate as efficiently and give as good service as was possible before the change. This should be done promptly and without cost or unnecessary inconvenience to the customer.

PSC 134.10(2) (2) If in connection with a service change specified in sub. (1), a piece of properly operating utilization equipment cannot be adjusted so that it will operate satisfactorily and if it must be replaced in its entirety the utility shall share equitably in the cost of changing the equipment. The change in customer’s equipment should be made with the greatest possible economy to the customer, and final settlement made at the time of the change. A satisfactory settlement would be payment by the utility to the customer of the remaining value of the customer’s equipment and the cost of removing the old and installing in the same position substantially equal equipment which replaces it.

PSC 134.10(3) (3) 

PSC 134.10(3)(a) (a) Each utility shall adopt and file with this commission a policy for inspection of customer’s appliances. The filed rule need not include the inspection and adjustment of special industrial equipment, which should be checked by persons more familiar with the equipment. The filed rule shall provide that customers having such equipment are to be notified.

PSC 134.10(3)(b) (b) Each gas utility shall establish an educational and inspection program designed to inform customers and assist the general public in the proper and efficient operation and maintenance of gas burning equipment. Such program shall advise customers to have heating equipment checked annually and offer energy saving suggestions to customers.

PSC 134.10(3)(c) (c) Whenever a gas utility is required to enter a customer’s premises to re-establish service to relight appliances due to a non-emergency interruption of service, an inspection of the burner ignition and flame appearance shall be made on each appliance which is relit to check for safety and efficient operation. The utility will be prepared to advise the customer relative to the safety and efficiency of connected appliances.

PSC 134.10 History History: 1-2-56; r. and recr. Register, February, 1959, No. 38, eff. 3-1-59; am. (3), Register, March, 1977, No. 255, eff. 4-1-77.

PSC 134.11 PSC 134.11 Meters and control equipment.

PSC 134.11(1) (1) Where possible to do so, all gas quantities required to be reported to the commission shall be metered.

PSC 134.11(2) (2) All gas sold to customers shall be measured by commercially acceptable measuring devices owned and maintained by the utility. The maintenance of the accuracy of the meters shall be the responsibility of the utility.

PSC 134.11(3) (3) Every reasonable effort shall be made to measure at one meter location all gas quantities necessary for billing the customer.

PSC 134.11(4) (4) All gas customers of the same type, pressure, and/or volume classification shall have their gas metered with instruments having like characteristics and at the same pressure base, except that the commission may approve the use of instruments of different types if their use does not result in unreasonable discrimination.

PSC 134.11(5) (5) Any regulators or equipment used to provide service in accordance with commission or filed utility rules and rates shall be commercially acceptable devices owned and maintained by the utility.

PSC 134.11(6) (6) A temperature-compensating meter shall be used whenever a gas meter is subject to the elements of the weather or wide variations in temperature. All present non-compensating installations subject to the elements of the weather and wide variations in temperature shall be changed so that 100% compliance will be attained by the end of the first complete testing cycle as provided in s. PSC 134.30 (1).

PSC 134.11 History History: 1-2-56; r. and recr. Register, February, 1959, No. 38, eff. 3-1-59; cr. (6), Register, January, 1965, No. 109, eff. 2-1-65.

PSC 134.12 PSC 134.12 Meter readings and billing periods. Reading of all meters used for determining charges to customers shall be scheduled monthly, bimonthly, quarterly, or semi-annually. An effort shall be made to read meters on corresponding days of each meter-reading period cycle. The meter-reading date may be advanced or postponed not more than 5 days without adjustment of the billing for the period. Bills for service shall be rendered within 40 days from the reading of the meter except as may be otherwise specifically authorized by the commission. The utility may permit the customer to supply the meter readings on a form supplied by the utility, provided a utility representative reads the meter at least once each 6 months and when there is a change of customer. The utility shall make reasonable efforts to read the meters of customers who cannot be available during normal business hours.

PSC 134.12 History History: 1-2-56; r. and recr. Register, February, 1959, No. 38, eff. 3-1-59; am. Register, September, 1982, No. 321, eff. 10-1-82; am. Register, October, 1989, No. 406, eff. 11-1-89.

PSC 134.13 PSC 134.13 Billing.

PSC 134.13(1) (1) 

PSC 134.13(1)(a) (a) All of the information in par. (b) shall be shown for each meter on each bill, including the customer’s receipt, if the bill is provided by any of the following:

PSC 134.13(1)(a)1. 1. Madison Gas and Electric Company.

PSC 134.13(1)(a)2. 2. Northern States Power Company.

PSC 134.13(1)(a)3. 3. Superior Water, Light and Power Company.

PSC 134.13(1)(a)4. 4. Wisconsin Electric Power Company.

PSC 134.13(1)(a)5. 5. Wisconsin Gas LLC.

PSC 134.13(1)(a)6. 6. Wisconsin Power and Light Company.

PSC 134.13(1)(a)7. 7. Wisconsin Public Service Corporation.

PSC 134.13(1)(b) (b) A bill under par. (a), including the customer’s receipt, shall show the following information:

PSC 134.13(1)(b)1. 1. The customer name, billing address and service address, if different from the billing address.

PSC 134.13(1)(b)2. 2. For residential customers in multi-unit buildings, current meter identification information or number and account number.

PSC 134.13(1)(b)3. 3. The present and last preceding meter readings.

PSC 134.13(1)(b)4. 4. The present and last preceding meter reading dates.

PSC 134.13(1)(b)5. 5. The next scheduled meter reading date.

PSC 134.13(1)(b)6. 6. The number of days in the billing period.

PSC 134.13(1)(b)7. 7. The number of units consumed.

PSC 134.13(1)(b)8. 8. The class of service with clear explanation of codes and abbreviations.

PSC 134.13(1)(b)9. 9. The rate schedule under which the bill is calculated including the itemized calculations of the rate schedule component including, but not limited to, such items as customer charge, energy blocks, demand charges, minimum bills and all other billing factors necessary for the customer to check the calculation of the bill.

PSC 134.13(1)(b)10. 10. Clear itemized adjustment clause bill calculation.

PSC 134.13(1)(b)11. 11. Amount subject to tax, tax rate, and tax billed.

PSC 134.13(1)(b)12. 12. Clear itemization of the amount of the bill for the present billing period, any unpaid balance from previous billing periods and any late payment charges.

PSC 134.13(1)(b)13. 13. Clear itemization of other utility charges and credits.

PSC 134.13(1)(b)14. 14. Degree day information.

PSC 134.13(1)(b)15. 15. A statement that the utility will, upon customer request, provide the information and assistance necessary for the customer to evaluate fuel consumption and conservation.

PSC 134.13(1)(c) (c) Upon receiving such request in par. (b) 15., the utility shall provide consumption and degree day information by billing periods for at least the last year and information and instructions needed by the customer to make consumption comparisons and evaluate his or her conservation efforts.

PSC 134.13(1)(d) (d) Bills rendered without an actual meter reading shall be specifically marked as estimated.

PSC 134.13(1)(e) (e) Each bill, including the customer’s receipt rendered by gas utilities not included in par. (a), shall show the present and last preceding meter readings, the date of the present reading, the number of units consumed, the class of service if other than residential, and the rate schedule under which the bill is calculated. In lieu of including the rate schedule on the bill the utility may, whenever a rate change becomes effective or at least once a year, supply each customer with the schedule of rates at which the bills are calculated and any other rates that might be applicable. Bills rendered at rates requiring the measurement of a number of different factors shall show all data necessary for the customer to check the calculation of a bill. All monthly adjustment clause factors necessary for a customer to check the calculation of the bill shall be included on the monthly bill. Minimum and estimated bills shall be distinctly marked as such. Estimated bills are bills rendered without actual meter readings.

PSC 134.13(1)(f) (f) The utility may include on the utility service bill charges to the customer resulting from other services, materials, or work provided by the utility as a result of commission-approved conservation and alternative energy programs, and, with the consent of both the customer and the utility, merchandise and service repair work charges. The charges shall be listed individually on the bill, and the customer shall be permitted to include such payment in his or her payment for gas utility service. Any partial payments shall be applied first to the amount due for utility service and the remainder to the other charges.

PSC 134.13(1)(g) (g) Costs or fees incurred by and awarded to the utility by a court of law, for pursuing bill collection through other agencies, such as small claims courts, or extraordinary collection charges as allowed and specified in the utility’s tariffs filed with the public service commission, may be included on the utility service bill. Such tariffs shall be established on the basis of rate case proceedings or generic proceedings to establish the reasonableness of such charges.

PSC 134.13(1)(h) (h) The commission may authorize the utility to make late payment charges to a customer’s utility service bill that is not paid in full within 20 days following issuance of the bill and for utility service that has been obtained by diversion around or tampering with the proper metering of the account. The late payment charge may be either a one-time charge as provided in par. (i) or a monthly charge as provided in par. (j). The utility shall receive approval from the commission of the method it desires to use and shall not change methods without commission approval.

PSC 134.13(1)(i) (i) If the utility is authorized to make a one-time late payment charge, such charge shall comply with the following requirements:

PSC 134.13(1)(i)1. 1. The bill shall clearly indicate the amount of the late payment charge and the date after which the late payment charge shall be applied.

PSC 134.13(1)(i)2. 2. Except as provided in subd. 8., late payment charges shall be applied no sooner than 20 days after the date of issuance of the bill.

PSC 134.13(1)(i)3. 3. The amount of the late payment charge shall be 3% of the bill, except a minimum charge of $.30 shall apply.

PSC 134.13(1)(i)4. 4. Late payment charges shall be applied to all customer classes and rate classifications.

PSC 134.13(1)(i)5. 5. The utility shall not waive any properly applied late payment charges.

PSC 134.13 Note Note: See s. PSC 134.063 (5) and (6).

PSC 134.13(1)(i)6. 6. A late payment charge shall be applied only once to any given amount outstanding.

PSC 134.13(1)(i)7. 7. If a customer disputes a bill for utility service or portion thereof and does not pay the disputed bill in full within 20 days following issuance of the bill, the late payment charge shall be applied only to that portion of the disputed bill later found to be correct and payable to the utility.

PSC 134.13(1)(i)8. 8. Bills issued for utility service previously unbilled because of meter diversion or tampering with the proper metering of the account may include a late payment charge when issued.

PSC 134.13(1)(j) (j) If the utility is authorized to make monthly late payment charges, such charges shall comply with the following requirements:

PSC 134.13(1)(j)1. 1. The amount of the charge shall be no more than one and one-half per cent per month and shall be filed and approved by the commission before it can be applied.

PSC 134.13(1)(j)2. 2. The late payment charge shall be applied to the total unpaid balance for utility service, including unpaid late payment charges.

PSC 134.13(1)(j)3. 3. Except as provided in subd. 9., the late payment charge shall be applied no sooner than 20 days after the date of issuance of the bill.