Ch. PSC 113 NoteNote: Chapter PSC 113 as it existed on July 31, 2000, was repealed and a new chapter PSC 113 was created, Register, July, 2000, No. 535, eff. 8-1-00. PSC 113.01(1)(1) All public utilities, whether privately or municipally owned or operated, in respect to the supply of electric energy and provision of electric service in this state, shall comply with and conform to rules set forth in this order except insofar as exception may be made by order of the commission as hereinafter mentioned. PSC 113.01(2)(2) Nothing in this chapter of the Wisconsin Administrative Code shall preclude special and individual consideration being given to exceptional or unusual situations and upon due investigation of the facts and circumstances therein involved, the adoption of requirements as to individual utilities or services which shall be lesser, greater, other, or different than those provided in said rules. PSC 113.01(3)(3) Nothing in this chapter shall prevent imposition of sanctions, fines, forfeitures, penalties or damages under more than one section of this chapter or ch. 196, Stats., or other statutes, for the same incident or occurrence. PSC 113.01(4)(4) The manner of enforcing the rules in ch. PSC 113 is prescribed in s. 196.66, Stats. and such other means as provided in statutory sections administered by the public service commission. PSC 113.01 HistoryHistory: Cr. Register, July, 2000, No. 535, eff. 8-1-00. PSC 113.012(1)(1) “Ability to pay” means a customer’s financial capacity to meet his or her utility service obligation, considering all of the following factors: PSC 113.012(1)(e)(e) Any other relevant factors concerning the customer’s circumstances, as household size, income and expenses. PSC 113.012(2)(2) “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, or failure of a utility to meet a utility obligation. PSC 113.012(3)(3) “Customer” means the party billed for payment of bills issued for use of utility service at a given premises. PSC 113.012(4)(4) “Customer-requested termination” means that the customer or occupant has asked the utility to cease providing utility service to a premises. PSC 113.012(5)(5) “Denied or refused service” means that a utility has refused to provide present or future service to a customer, occupant or premises. PSC 113.012(6)(6) “Disconnection” means preventing a specific customer from receiving electrical power through a specific action taken by the utility or its agents. This does not include temporary outages for maintenance purposes, storms, or other unplanned outages, or a customer-requested termination of service. “Disconnection” includes but is not limited to: the removal or sealing of an electric meter, severance of the connection between the distribution system and the service facilities or the customer’s internal wiring, or the transmission of an electronic signal to the metering equipment which would deactivate the meter and prevent the flow of electrical current. PSC 113.012(6m)(6m) “Potential power line natural hazards” means trees or tree parts located in or reasonably proximate to a utility distribution or transmission line easement that are likely to interfere with the utility’s operations, including distribution or transmission lines, within the utility’s next maintenance cycle. PSC 113.012(7)(7) “Installment payment agreement” means an arrangement between a utility and a commercial or farm customer for payment of a deposit in installments. PSC 113.012(7m)(7m) “Jointly-metered property” means a premises where electric service is measured jointly for 2 or more rental dwelling units, pursuant to s. 196.643 (2), Stats. PSC 113.012(7n)(7n) “Low-income customer” means a customer whose household income is at or below the federal poverty income guidelines for eligibility for federal energy assistance. PSC 113.012(8)(8) “New residential customer” 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. PSC 113.012(9)(9) “Occupant” means the resident or residents of a premises to which utility service is provided. PSC 113.012(10)(10) “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. PSC 113.012(11)(11) “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. PSC 113.012(12)(12) “Voucher agreement” means a payment agreement guaranteed by a third party who has access to or control over the benefits and/or finances of a public assistance recipient. Included without limitation are: PSC 113.012(12)(a)(a) Wisconsin Works (W-2) or Temporary Assistance to Needy Families (TANF) restrictive payment arrangements. PSC 113.012 HistoryHistory: Cr. Register, July, 2000, No. 535, eff. 8-1-00; 2019 Wis. Act 1: am. (11) Register May 2019 No. 761, eff. 6-1-19. PSC 113.0201PSC 113.0201 General requirement. Every utility shall furnish reasonably adequate service and facilities at the rates filed with the commission and subject to these rules and the rules of the utility applicable thereto and not otherwise. The energy shall be generated, transmitted, converted and distributed by the utility and utilized, whether by the utility or the customer, in such manner as to obviate so far as reasonably practicable undesirable effects upon the operation of standard services or equipment of the utility, its customers, or other utilities or agencies. PSC 113.0201 NoteNote: As used in these rules the terms “rules of the utility” or “utility’s rules” means the rules of the utility on file with the commission.
PSC 113.0201 HistoryHistory: Cr. Register, July, 2000, No. 535, eff. 8-1-00. PSC 113.0202(1)(1) When a utility is required by governmental authority or requested by customers to move poles, as, for example, from streets to alleys, the utility is not required to furnish new service entrance conductors, cable, conduit, or service equipment unless it makes a practice of supplying this equipment. It shall, however, run a service drop to the nearest point on each building served from the new location and remove the old service drop without expense to the customer. PSC 113.0202(2)(2) If the utility moves its poles of its own volition the utility shall supply new service entrance conductors, cable, conduit, interior wiring connection and service equipment and remove the old; or shall attach its system to the existing service entrance conductors without expense to the customer. PSC 113.0202 HistoryHistory: Cr. Register, July, 2000, No. 535, eff. 8-1-00. PSC 113.0203PSC 113.0203 Protection of utility facilities. A public utility upon receiving notice as provided in s. 66.0831 or 182.0175 (2m) (b), Stats., of work which may affect its facilities used for serving the public shall: PSC 113.0203(1)(1) If the notice is of work covered by s. 66.0831, Stats., investigate and decide what action, if any, must reasonably be taken to protect or alter utility facilities in order to protect service to the public and to avoid unnecessary damage. The utility shall take such action as is reasonably necessary to protect, remove, alter, or reconstruct its facilities and shall perform such work with reasonable dispatch taking into account the conditions to be met. Nothing in this rule shall be deemed to affect any right which the utility may have to require advance payment or adequate assurance of payment of the reasonable cost thereof to the utility by the property owner or contractor. PSC 113.0203(3)(3) The utility may, in order to protect its interests, require that the owner or contractor perform certain work upon that part of the service piping or wiring on or being removed from the property upon which the excavating, building, or wrecking operations are being performed. PSC 113.0203(4)(4) This rule is not intended to affect the responsibility of the contractor or owner, or the liability or legal rights of any party. PSC 113.0203 HistoryHistory: Cr. Register, July, 2000, No. 535, eff. 8-1-00; corrections in (intro.) and (2) made under s. 13.93 (2m) (b) 7., Stats., Register December 2002 No. 564. PSC 113.0204PSC 113.0204 Interference with public service structures. PSC 113.0204(1)(1) A utility having any work upon, over, along, or under any public street, highway or private property near existing utility facilities shall give reasonable notice to the other utility and shall exercise care when working in close proximity to such existing facilities. Sections 66.0831 and 182.0175, Stats., shall be observed where applicable. In all other cases such notice shall provide the other utility with a reasonable opportunity to protect or alter its facilities and such work shall not proceed without an agreement concerning the location and nature of the proposed work. PSC 113.0204(2)(2) Nothing in the above shall prevent a utility from proceeding as quickly as possible with any emergency construction work which might interfere with existing facilities. PSC 113.0204 HistoryHistory: Cr. Register, July, 2000, No. 535, eff. 8-1-00; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register December 2002 No. 564. PSC 113.0205PSC 113.0205 Standard voltages and utilization equipment. PSC 113.0205(1)(1) All utilities shall have available a tabulation showing the character and type of electric service supplied, including the secondary and, where applicable, primary voltages. PSC 113.0205(2)(2) Lamps used or furnished by the utility for highway or area illumination shall initially be such that the customer receives the proper illumination in lumens specified in the rate. If the street lighting rate is based on wattage, or if the utility furnishes lamps to customers free or at reduced cost, the lamp bulbs shall be of such efficiency in lumens per watt when used on the utility’s circuits that customers may obtain their lighting service under the most favorable conditions practicable under the rate schedule. PSC 113.0205 HistoryHistory: Cr. Register, July, 2000, No. 535, eff. 8-1-00. PSC 113.0209PSC 113.0209 Notice to communication firms. Each electric utility shall notify telephone utility and cable television firms in the area when it knows that customer-owned generating facility is to be interconnected with its system. This notification shall be as early as practicable to permit coordinated analysis and testing in advance of interconnection, if considered necessary by the electric or telephone utility or cable television firm. PSC 113.0209 HistoryHistory: Cr. Register, July, 2000, No. 535, eff. 8-1-00. PSC 113.0210PSC 113.0210 Whistleblower protection. No public utility shall interfere with, restrain, or coerce any employee or other person in the exercise of the right to disclose information to the commission or other governmental bodies regarding the safety and reliability of the electrical system, or a portion thereof, provided that the employee reasonably believe that such information is true. No public utility may dismiss, discipline, demote, transfer, reprimand, harass, reduce the pay of, discriminate against, or otherwise, retaliate against, any employee or other person because the employee, or other person engaged in any of the described activities. PSC 113.0210 HistoryHistory: Cr. Register, July, 2000, No. 535, eff. 8-1-00. PSC 113.0301(1)(1) Prior to disconnecting a jointly-metered property containing more than one rental dwelling unit and where service is in the property owner or manager’s name, the utility shall first make an attempt to transfer the debt to the property owner’s or manager’s residence or office service. If a transfer is permitted under sub. (7) (a) the utility shall pursue available collection efforts at the owner’s or manager’s property prior to disconnecting the jointly-metered property. PSC 113.0301(1m)(1m) Residential utility service may be disconnected or refused for any of the following reasons: PSC 113.0301(1m)(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 113.0301(1m)(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 113.0301(1m)(e)(e) Failure to comply with Wisconsin statute, commission rule or commission order pertaining to conservation or availability of service. PSC 113.0301(1m)(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 113.0301(1m)(g)(g) Failure to comply with applicable requirements of this section, or of the utility’s rules, or if the customer proposes to use a device that is not designed to reasonably minimize interference with communication and signal services. PSC 113.0301(1m)(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 113.0301(1m)(k)(k) Refusal or failure to provide authorized utility personnel access to utility equipment. PSC 113.0301(2)(2) A utility is not required to furnish residential service under conditions requiring operation in parallel with generating equipment connected to the customer’s system if such operation is hazardous or may interfere with its own operations or service to other customers or with service furnished by others. The utility may specify requirements as to connection and operation as a condition of rendering service under such circumstances. PSC 113.0301(4)(4) A public utility may disconnect residential utility service, without notice, where a dangerous condition exists for as long as the condition exists. PSC 113.0301(5)(5) 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 113.0301(6)(6) A public utility may disconnect residential utility service, without notice, where service has been reconnected without the utility’s authorization. PSC 113.0301(7)(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 113.0301(7)(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 113.0301(7)(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 ss. PSC 113.0301 and 113.0304. PSC 113.0301(7)(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 113.0404 or by installing the required energy conservation measures in the property in question. Any disconnection shall be in compliance with ss. PSC 113.0301 and 113.0304. PSC 113.0301(8)(8) Residential utility service may not be disconnected or refused for any of the following reasons: PSC 113.0301(8)(a)(a) Delinquency in payment for service by a previous occupant of the premises to be served. PSC 113.0301(8)(b)(b) Failure to pay for merchandise or charges for non-utility service billed by the utility, except where authorized by law.
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