Wisconsin Legislature: subch. I of ch. PSC 185

PSC 185.61 Meters.

PSC 185.65 Accuracy requirements for meters.

Subchapter VII — Meter Testing

PSC 185.71 Meter testing facilities and equipment.

PSC 185.72 Calibration of meter testing equipment.

PSC 185.73 Testing of customer meters.

PSC 185.74 Test flows.

PSC 185.75 Required tests of customer meters.

PSC 185.751 Alternate sample-testing plan for “before-use” test for 5/8-, 3/4-, and 1-inch meters.

PSC 185.76 Periodic tests.

PSC 185.761 Alternative sample-testing plan for in-use meters.

PSC 185.77 Request and referee tests.

PSC 185.79 Remote outside meter (ROM) and automatic meter reading (AMR) system tests.

PSC 185.795 Electrical safety.

Subchapter VIII — Operating Requirements

PSC 185.81 Quality of water.

PSC 185.82 Pressure standards.

PSC 185.83 Station meters.

PSC 185.85 Water audits and water loss control.

PSC 185.86 Flushing mains.

PSC 185.88 Frozen laterals.

PSC 185.89 Adequacy of Water Supply, Emergency Operations and Interruptions of Service.

PSC 185.90 Water Supply Shortage.

Subchapter IX — Water Conservation and Efficiency

PSC 185.95 Definitions.

PSC 185.96 Customer Education Requirements.

PSC 185.97 Voluntary Water Conservation Rebate or Incentive Programs.

Note: Chapter PSC 185 as it was in effect on May 31, 1972 was repealed, and a new chapter PSC 185 was created, Register, May, 1972, No. 197, effective June 1, 1972. Chapter PSC 185 as it was in effect on January 31, 1997 was repealed and a new chapter PSC 185 was created effective February 1, 1997.

Subchapter I — General

PSC 185.11 Authorization for and application of rules.

(1) Chapter PSC 185 is part of the Wisconsin administrative code and constitutes a general order of the public service commission, the issuance of which is authorized by ss. 227.11 (2), 196.02, 196.06, 196.12, 196.15, 196.16, 196.19, and 196.37, Stats.

(2) Chapter PSC 185 is designed to effectuate and implement ss. 196.02, 196.03, 196.06, 196.12, 196.15, 196.16, and 196.17, Stats.

(3) The requirements of ch. PSC 185 shall be observed by all water public utilities, both privately and publicly owned, engaged in the pumping, purchasing, transmission, or distribution of water except that an exemption may be given by the public service commission.

(4) Nothing in this chapter shall preclude special and individual consideration being given to exceptional or unusual situations and, upon due investigation of the facts and circumstances involved, the adoption of requirements as to individual utilities or services which shall be lesser, greater, other, or different than those provided in this chapter.

(5) The manner of enforcing this chapter is prescribed in s. 196.66, Stats., and such other means as provided in statutory sections administered by the public service commission.

(6) In case of emergency, where public interest requires immediate action without waiting for compliance with the specific terms of this chapter, immediate corrective action shall be taken by the utility, which action, however, shall be subject to review by the public service commission.

History: Cr. Register, January, 1997, No. 493, eff. 2-1-97.

PSC 185.12 Definitions. The following terms as used in this chapter mean:

(1) “Ability to pay” means a customer’s financial capacity to meet the customer’s utility service obligation;

(2) “Actual meter read” means a reading obtained by the utility or other party upon physical inspection of the meter or remote outside meter (ROM);

(3) “Automatic meter reading” (AMR) system means a system which provides digitally encoded information from an encoded meter register. The encoded information is transferred to the utility by means of remote receptacles, telephone lines, cable TV lines, power lines, or radio transmission;

(3e) “Class AB utility” means a public utility that has more than 4,000 service connections.

(3m) “Class C utility” means a public utility that has not fewer than 1,000 nor more than 4,000 service connections.

(3s) “Class D utility” means a public utility that has less than 1,000 service connections.

(3u) “Commercial customer” means a business, not-for-profit organization, or other institution that provides goods or services and that takes service for non-residential purposes.

Note: Churches, private schools, private colleges and universities, co-ops, and associations are non-governmental entities and are considered commercial customers.

(4) “Commission” means public service commission of Wisconsin;

(5) “Complaint” means a statement or question by any person, whether a utility customer or not, concerning a wrong, grievance, injury, dissatisfaction, illegal action or procedure, dangerous condition or action committed or created by a utility, or failure of a utility to meet a utility obligation;

(6) “Customer” means any person, owner, occupant, firm, partnership, corporation, municipality, cooperative organization, governmental agency, political entity, etc., provided with water service by any water public utility and is the party billed for payment of bills issued for use of utility service at a given premises. This definition is intended to create billing and payment responsibilities, but does not limit the need to afford occupants other protection under this chapter (e.g., evictions, emergency);

(7) “Customer-requested termination” is cessation of service at the request of the customer;

(8) “Deferred payment agreement” means an arrangement between a utility and a customer for payment of a delinquent amount or deposit in installments;

(9) “Denied or refused service” means service that a utility has refused to provide to a present or future customer, occupant, or premises;

(10) “Disconnection” means an event or action taken by the utility to terminate or discontinue the provision of service, but does not include a customer-requested termination of service;

(10e) “Industrial customer” means a customer who is engaged in the manufacture or production of goods.

(10m) “Irrigation” means the use of water to sustain crops, lawns, or landscapes, including water used on athletic fields, parks, and golf courses.

(10s) “Irrigation customer” means a customer who has water service provided primarily for irrigation and other outdoor uses.

(11) “Meter” means an instrument installed to measure the volume and/or rate of flow of water delivered through it;

(11m) “Multi-family residential customer” means a customer taking service for a building that is intended primarily for residential purposes, has three or more dwelling units, and is served by a single water meter.

Note: For accounting purposes, sales to multi-family residential customers are recorded as commercial sales under to the Commission’s Uniform System of Accounts for Municipal Water Utilities (January 2008).

(12) “New residential customer,” for purpose of deposit, means a customer who has not received utility service in his or her name during the previous 6 months from the utility from which service is requested;

(12m) “Non-residential customer” means any commercial, industrial, or public authority customer.

(13) “Occupant” means the resident or residents of a premises to which utility service is provided;

(14) “Percent registration” means the ratio of the meter registration divided by the actual volume or rate of flow, stated in percent. Stated more simply for domestic (volumetric) meters, this is the percent of the water delivered through a meter which the meter actually registers;

(15) “Private hydrant” means any hydrant whose lead is connected to a private water main, private lateral, or public main where the hydrant lead is owned by the customer;

(16) “Prompt payment” means payment prior to the time when a utility could issue a notice of disconnection for nonpayment of an amount not in dispute;

(17) “Protective service emergency” means a threat to the health or safety of a resident because of the infirmities of aging, other developmental or intellectual disabilities, or like infirmities incurred at any age, or the frailties associated with being very young;

(17m) “Public authority customer” means a customer that is a department, agency, or entity of the local, state, or federal government, including a public school, college, or university.

(18) “Public hydrant” means any hydrant and lead owned by the utility and connected to a utility-owned main, whether that main is in the public right-of-way or owned by the utility on an easement through private property;

Note: The hydrant and related fixtures would be recorded on the books of the utility.

(19) “Public utility” means an entity or individual included in s. 196.01 (5), Stats., which provides water for the public and an entity authorized by s. 66.0819, Stats., which provides water and sewer service for the public;

(20) “Remote outside meter” (ROM) means an analog device attached to a building structure which displays the reading of the base meter through electronic pulses sent from the base meter. Remote outside meters are considered part of the utility’s metering configuration.

(20g) “Residential customer” means a customer taking service for residential or domestic purposes but does not include a multi-family residential customer.

(20r) “Station meter” means a meter used to measure the volume or flow of water within a utility’s distribution system and not used to measure customer use. Station meter includes any meter used to measure water pumped from groundwater wells, surface water intakes, storage facilities, treatment facilities, or booster pumps.

(21) “Voucher agreement” means a payment agreement guaranteed by a third party who has access to or control over the benefits and finances of a public assistance recipient.

(22) “Water conservation” means practices, techniques, and technologies that reduce the demand for water, reduce water loss or waste, or improve water use efficiency.

Note: Examples of some public assistance are:

(a) Aid to families with dependent children (AFDC) restrictive payment arrangements;

(b) Social security representative payee;

(d) Legal guardian.

History: Cr. Register, January, 1997, No. 493, eff. 2-1-97; correction in (19) made under s. 13.93 (2m) (b) 7., Stats., Register October 2001 No. 550; CR 11-039: cr. (3e), (3m), (3s), (4m), (10e), (10m), (10s), (11m), (12m), (17m), (20g), (20r), (22) Register July 2012 No. 679, eff. 8-1-12; (4m) renum. to (3s) under s. 13.92 (4) (b) 1., Stats., Register July 2012 No. 679; 2019 Wis. Act 1: am. (17) Register May 2019 No. 761, eff. 6-1-19.

PSC 185.13 General requirement. Every utility shall furnish reasonably adequate service and facilities at the rates filed with the commission and subject to this chapter and the rules of the utility that are on file with the commission.

History: Cr. Register, January, 1997, No. 493, eff. 2-1-97.

PSC 185.15 Free or discriminatory service prohibited. No utility shall provide water service free or at a rate different than provided for in its rates. (See ss. 196.22 and 196.60, Stats.) This section applies to, but is not limited to, water service for all nonutility municipal purposes such as street and sewer flushing, and service to nonutility public buildings.

History: Cr. Register, January, 1997, No. 493, eff. 2-1-97.

PSC 185.16 Protection of water utility facilities.

(1) A water public utility upon receipt of written notice as required by s. 66.0831, Stats., from the property owner or from a contractor of work which may affect its facilities used for serving the public:

(a) Shall investigate and decide what action, if any, may reasonably be taken to protect or alter utility facilities in order to protect service to the public and to avoid unnecessary damage, such as identifying in a suitable manner the location of any underground utility facilities which may be affected by the work.