Chapter PSC 134

PSC 134.0622(4) (4) A public utility may disconnect commercial or farm 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 134.0622(5) (5) 

PSC 134.0622(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 134.0622(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 134.0622(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 134.0622(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, 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 134.0622(6) (6) Commercial or farm utility service may not be disconnected or refused for any of the following reasons:

PSC 134.0622(6)(a) (a) Delinquency in payment for service by a previous occupant of the premises to be served.

PSC 134.0622(6)(b) (b) Failure to pay for merchandise or charges for non-utility service billed by the utility.

PSC 134.0622(6)(c) (c) Failure to pay for a different type or class of utility service, except as provided in sub. (5).

PSC 134.0622(6)(d) (d) Failure to pay the account of another customer as guarantor thereof.

PSC 134.0622(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 any faulty metering.

PSC 134.0622(6)(f) (f) Failure to pay an estimated bill other than a bill rendered pursuant to an approved meter reading plan.

PSC 134.0622(7) (7) The commercial or farm 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 the 20-day 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 134.0622(8) (8) 

PSC 134.0622(8)(a) (a) A utility shall not disconnect commercial or farm service for reasons enumerated in sub. (2) unless written notice is sent to the customer by first class mail or personally served 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 134.0622(8)(b) (b) If the billing address is different from the service address, 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. (2). 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 134.0622(8)(b)1. 1. The date of the notice.

PSC 134.0622(8)(b)2. 2. The proposed date of disconnection.

PSC 134.0622(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 134.0622(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 134.0622(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.