Chapter PSC 185

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.

PSC 185.97(2)(h) (h) Any other information the commission requests.

PSC 185.97(3) (3) Approval of voluntary program.

PSC 185.97(3)(a) (a) The commission shall consider each of the following when deciding whether to approve a voluntary program:

PSC 185.97(3)(a)1. 1. Whether the program is in the public interest.

PSC 185.97(3)(a)2. 2. The likelihood the public utility will achieve its program goals.

PSC 185.97(3)(a)3. 3. The inclusion of appropriate water conservation measures.

PSC 185.97(3)(a)4. 4. The adequacy of the proposed budget.

PSC 185.97(3)(a)5. 5. The net cost effectiveness of the program.

PSC 185.97(3)(a)6. 6. The adequacy of the public utility’s evaluation, measurement, and verification plan.

PSC 185.97(3)(a)7. 7. The level of coordination with any statewide water conservation program, including any requirements contained in ch. NR 852.

PSC 185.97(3)(b) (b) Unless the voluntary program is included in a general rate proceeding, the commission shall issue its decision to approve, deny, or modify a proposed voluntary program in writing within 40 working days after receiving the proposal. If the commission denies or modifies a proposed voluntary program it shall explain its reasons for the denial or modification. If the commission denies a voluntary program, the public utility may revise and resubmit a request for approval of a voluntary program at any time.

PSC 185.97(4) (4) Modifying or discontinuing a voluntary program. A public utility may request that the commission authorize the modification or discontinuation of a voluntary program at any time. A public utility may not modify or discontinue a voluntary program without commission approval.

PSC 185.97(5) (5) Return of funds. The commission may require a public utility to return any unspent funds collected for a voluntary program approved under this section to its ratepayers.

PSC 185.97(6) (6) Annual reports. A public utility receiving commission approval for a voluntary program under this section shall submit an annual report to the commission no later than April 1 following the covered year. The report shall include all of the following:

PSC 185.97(6)(a) (a) A summary of program activities in the previous calendar year.

PSC 185.97(6)(b) (b) An itemized accounting of administrative and program costs.

PSC 185.97(6)(c) (c) The program balance or deficit at the end of the year.

PSC 185.97(6)(d) (d) Estimated water savings attributable to the program, by customer class.

PSC 185.97(6)(e) (e) The number of customers receiving rebates or other incentives.

PSC 185.97(6)(f) (f) Estimated non-water benefits, including energy savings.

PSC 185.97(6)(g) (g) Other performance metrics identified by the public utility.

PSC 185.97(6)(h) (h) Any other information requested by the commission.

PSC 185.97(7) (7) Audits and verification. The commission may conduct an audit, or contract with an independent third-party evaluator to conduct an audit, to verify the performance of a public utility’s voluntary program. The public utility shall pay for the costs of the evaluation, as determined by the commission.

PSC 185.97 History History: CR 11-039: cr. Register July 2012 No. 679, eff. 8-1-12; (7) renum. from (6) under s. 13.92 (4) (b) 1., Stats., Register July 2012 No. 679.