Chapter PSC 185

PSC 185.85(2)(a) (a) Meter all water uses and sales, where practicable.

PSC 185.85(2)(b) (b) Maintain and verify the accuracy of customer meters.

PSC 185.85(2)(c) (c) Maintain and verify the accuracy of station meters.

PSC 185.85(2)(d) (d) Identify and repair leaks in its distribution system to the extent that it is reasonable for the public utility to do so.

PSC 185.85(2)(e) (e) Control water usage from hydrants.

PSC 185.85(2)(f) (f) Maintain a continuing record of system pumpage and metered consumption.

PSC 185.85(2)(g) (g) Conduct an annual water audit under sub. (3).

PSC 185.85(3) (3) Water audits.

PSC 185.85(3)(a) (a) A public utility shall conduct an annual water audit on a calendar year basis and submit the results of the audit to the commission no later than April 1 of the subsequent year.

PSC 185.85(3)(b) (b) A public utility water audit shall include the measured or estimated volume of all of the following:

PSC 185.85(3)(b)1. 1. Water purchased or pumped from all sources.

PSC 185.85(3)(b)2. 2. Water used in treatment or production processes.

PSC 185.85(3)(b)3. 3. Water entering the distribution system.

PSC 185.85(3)(b)4. 4. Water sold, including both metered and unmetered sales.

PSC 185.85(3)(b)5. 5. Water not sold but used for utility-authorized purposes, including flushing mains, fire protection, freeze prevention, and other authorized system uses.

PSC 185.85(3)(b)6. 6. Water loss.

PSC 185.85(3)(b)7. 7. Unknown or unaccounted-for water.

PSC 185.85(3)(c) (c) The components of a water audit are shown in Table 1.

Table 1. Water Audit Components

PSC 185.85(4) (4) Water loss control.

PSC 185.85(4)(a) (a) Each public utility shall calculate its annual percentage of non-revenue water and its percentage of water loss, based on the volume of water entering its distribution system.

PSC 185.85(4)(b) (b) A public utility shall submit to the commission a water loss control plan if a water audit shows the public utility has any of the following:

PSC 185.85(4)(b)1. 1. A percentage of non-revenue water that exceeds 30 percent.

PSC 185.85(4)(b)2. 2. A percentage of water loss that exceeds 15 percent for a Class AB or Class C utility or 25 percent for a Class D utility.

PSC 185.85(4)(c) (c) A water loss control plan under par. (b) shall include all of the following:

PSC 185.85(4)(c)1. 1. The reasons for the excessive non-revenue water or water loss.

PSC 185.85(4)(c)2. 2. A description of the measures that the utility plans to undertake to reduce water loss to acceptable levels within a reasonable time period.

PSC 185.85(4)(c)3. 3. An analysis of the costs of implementing a water loss control program, including a comparison of lost sales revenue and the costs that would be avoided by reducing leaks and losses.

PSC 185.85(4)(c)4. 4. Any additional information required by the commission.

PSC 185.85(4)(d) (d) The commission may require a public utility to conduct a leak detection survey of its distribution system if for three consecutive years the public utility’s percentage of water loss exceeds 15 percent for a Class AB or Class C utility or 25 percent for a Class D utility.

PSC 185.85 History History: CR 11-039: r. and recr. Register July 2012 No. 679, eff. 8-1-12.

PSC 185.86 PSC 185.86 Flushing mains.

PSC 185.86(1) (1) Dead-end mains, or other low flow portions of distribution systems, shall be flushed as needed to eliminate or minimize complaints from consumers arising from an objectionable condition of water due to lack of circulation. Hydrants or other flushing devices shall be placed to allow for flushing of the entire system.

PSC 185.86(2) (2) When practical, public notice of proposed flushing shall be given by radio, newspaper announcement, or other appropriate means.

PSC 185.86(3) (3) A record shall be kept of all flushing of mains, showing date, place, and estimated volume of water used. This record shall be used to determine the necessary frequency of flushing and to estimate unmetered use.

PSC 185.86 History History: Cr. Register, January, 1997, No. 493, eff. 2-1-97.

PSC 185.88 PSC 185.88 Frozen laterals.

PSC 185.88(1) (1) Thawing of a customer’s lateral shall be at the utility’s expense if:

PSC 185.88(1)(a) (a) The freeze-up is a direct result of a utility disconnect and the disconnection occurs during a time when conditions are such that freeze-up could reasonably be expected to occur or;

PSC 185.88(1)(b) (b) The customer’s portion of lateral is electrically conductive and:

PSC 185.88(1)(b)1. 1. It is the first thaw for the customer at the location and;

PSC 185.88(1)(b)2. 2. The utility has not provided the customer with seasonal notice of the corrective actions to be taken for a known condition.

PSC 185.88(2) (2) Lateral thawing shall be at the customer’s expense if:

PSC 185.88(2)(a) (a) The customer’s lateral is not electrically conductive and the freeze-up is not a direct result of a utility disconnect as set forth in sub. (1) (a) or;

PSC 185.88(2)(b) (b) The customer neglected to provide or maintain proper insulation or protection for the lateral according to standard accepted practice, or specific utility instructions on, for example, the required depth of burial needed to prevent freezing, or;

PSC 185.88(2)(c) (c) The utility advises the customer of the corrective measures to be taken and the customer does not follow the utility’s advice. (See s. PSC 185.35 (7) for bill adjustment where a utility requests a customer to let water flow to prevent freezing), or;

PSC 185.88(2)(d) (d) If the utility disconnects for a dangerous condition.

PSC 185.88 History History: Cr. Register, January, 1997, No. 493, eff. 2-1-97; CR 01-033: renum. from PSC 185.89 Register October 2001 No. 550, eff. 11-1-01; republished to reinsert inadvertently deleted (2) (c) Register March 2014 No. 699.

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

PSC 185.89(1) (1) Adequacy of water supply. A public utility shall exercise reasonable diligence to furnish a continuous and adequate supply of water to its customers.

PSC 185.89(2) (2) Emergency operation.

PSC 185.89(2)(a) (a) A public utility shall make reasonable provisions to meet an emergency resulting from the failure of power supply or from fire, storm, or similar events. A public utility shall inform its employees of procedures to be followed in an emergency to prevent or mitigate the interruption or impairment of water service.

PSC 185.89(3) (3) Interruptions of service.

PSC 185.89(3)(a) (a) A public utility shall make all reasonable efforts to prevent interruptions of service. If an interruption occurs, the public utility shall make reasonable efforts to re-establish service with the shortest possible delay, consistent with safety to its employees, customers, and the general public.

PSC 185.89(3)(b) (b) If an emergency interruption significantly affects fire-protection service, a public utility shall immediately notify the fire chief or other responsible local official.

PSC 185.89(3)(c) (c) A public utility shall make reasonable efforts to schedule planned interruptions at times that minimize customer inconvenience. A public utility shall make reasonable efforts to notify customers of the time and anticipated duration of a planned interruption.

PSC 185.89(3)(d) (d) A public utility shall notify the Commission of a service interruption under s. PSC 185.44 (1).

PSC 185.89 History History: CR 11-039: cr. Register July 2012 No. 679, eff. 8-1-12.

PSC 185.90 PSC 185.90 Water Supply Shortage.

PSC 185.90(1) (1) Declaration. A public utility may declare a water supply shortage if the public utility cannot adequately meet customer demand due to drought, insufficient source capacity, or excessive demand.

PSC 185.90(2) (2) Plan. A public utility may adopt a water supply shortage curtailment plan and file the plan with the commission under s. PSC 185.21.

PSC 185.90(3) (3) Applicability. Unless a public utility has adopted a water supply shortage curtailment plan under sub. (2), the provisions of this section apply.

PSC 185.90(4) (4) Temporary curtailment. Except as provided in sub. (6), a public utility may temporarily curtail water service to some or all of its customers during a water supply shortage, if the curtailment is necessary to protect public utility facilities, to prevent a dangerous condition, or to alleviate a condition that presents an imminent threat to public health, welfare, or safety.

PSC 185.90(5) (5) Utility responsibilities. If a public utility determines that it is necessary to curtail service under this section, the public utility shall do all of the following:

PSC 185.90(5)(a) (a) Make reasonable efforts to notify customers affected by the water supply shortage.

PSC 185.90(5)(b) (b) Request all customers to enact voluntary water conservation measures to reduce water consumption, including limiting irrigation and other non-essential uses.

PSC 185.90(5)(c) (c) Implement any curtailment in an equitable manner that allows the public utility to maintain reasonably adequate service to the greatest number of customers, consistent with public health, welfare or safety.

PSC 185.90(5)(d) (d) Promptly restore service.

PSC 185.90(6) (6) Approval to curtail essential use customers. A public utility may not curtail service to a customer under this section without the commission’s prior approval if the customer provides essential public health, welfare, or safety functions that require consistent water service or if any of the conditions described in s. PSC 185.37 (8) (h), (8m), (9), or (10) apply.

PSC 185.90(7) (7) Report. A public utility shall report to the commission within 7 days of declaring a water supply shortage. The public utility shall include in the report the reasons for any curtailment, the number of customers affected, the duration of the curtailment, and any other information requested by the commission.

PSC 185.90 History History: CR 11-039: cr. Register July 2012 No. 679, eff. 8-1-12.

subch. IX of ch. PSC 185 Subchapter IX — Water Conservation and Efficiency

PSC 185.95 PSC 185.95 Definitions. In this subchapter:

PSC 185.95(1) (1) “Net cost effectiveness” means the extent to which a water conservation program or measure is cost effective, after being adjusted for all of the following:

PSC 185.95(1)(a) (a) The amount of water savings that would have been achieved in the absence of the water conservation program or measure.

PSC 185.95(1)(b) (b) The amount of water savings directly attributable to the influence of the water conservation program or measure but that is not specifically included in the program or measure.

PSC 185.95 History History: CR 11-039: cr. Register July 2012 No. 679, eff. 8-1-12; (1) (a), (b) renum. from (1) 1., 2. under s. 13.92 (4) (b) 1., Stats., Register July 2012 No. 679.

PSC 185.96 PSC 185.96 Customer Education Requirements. Upon a residential customer’s request, a public utility shall provide information to the residential customer that may assist the customer in reducing outdoor water use, repairing residential water leaks, and implementing other water conservation measures. This information may be provided on the public utility’s web site.

PSC 185.96 History History: CR 11-039: cr. Register July 2012 No. 679, eff. 8-1-12.

PSC 185.97 PSC 185.97 Voluntary Water Conservation Rebate or Incentive Programs.

PSC 185.97(1) (1) Definition. In this section, “voluntary program” means a water conservation program a public utility voluntarily proposes to administer or fund that provides rebates or other direct financial incentives to customers for water-efficient products or services.

PSC 185.97(2) (2) Request to administer or fund a voluntary program. A public utility may not administer or fund a voluntary program without commission approval. A public utility may file a request with the commission for authorization to administer or fund one or more voluntary programs within its service area. A utility requesting a voluntary program shall provide all of the following information:

PSC 185.97(2)(a) (a) A description of the proposed program, including the target market, eligible measures, delivery strategy, marketing and communications strategy, incentive strategy, and potential market effects.

PSC 185.97(2)(b) (b) The proposed annual program budget, including administrative costs, and source of funding.

PSC 185.97(2)(c) (c) Annual and multi-year performance targets that are consistent with commission goals and policies.

PSC 185.97(2)(d) (d) A portfolio and program level net cost effectiveness analysis.

PSC 185.97(2)(e) (e) A description of the public utility’s proposed tracking and reporting system.

PSC 185.97(2)(f) (f) A description of the public utility’s proposed evaluation, measurement, and verification plan.

PSC 185.97(2)(g) (g) A description of how the public utility will coordinate its voluntary program with any statewide water conservation program, including any requirements contained in ch. NR 852.