PSC 113.0406(8)(d)(d) Nothing in these rules shall prevent the commission or its staff from requiring the payment of interest on amounts returned to customers in those instances where the commission or its staff finds that such payment is necessary for a fair and equitable resolution of an individual complaint.
PSC 113.0406 HistoryHistory: Cr. Register, July, 2000, No. 535, eff. 8-1-00; CR 13-048: r. (7) Register July 2014 No. 703, eff. 8-1-14.
PSC 113.0407PSC 113.0407Dispute procedures.
PSC 113.0407(1)(1)Whenever the customer disputes the utility’s request for a deposit or other guarantee, or advises the utility’s designated office that all or any part of any billing as rendered is in dispute, or that any matter related to the disconnection or refusal of service is in dispute, the utility shall:
PSC 113.0407(1)(a)(a) Investigate the dispute promptly and completely.
PSC 113.0407(1)(b)(b) Advise the customer of the results of the investigation.
PSC 113.0407(1)(c)(c) Attempt to resolve the dispute.
PSC 113.0407(1)(d)(d) Provide the opportunity for the residential customer to enter into a deferred payment agreement under s. PSC 113.0404 when applicable in order to resolve the dispute.
PSC 113.0407(1)(e)(e) When a utility designates an agent to handle disputes and inquiries and when the agent refuses or fails to adequately address the disputes and inquiries, upon complaint or other indicator of such refusal or failure, the dispute resolution responsibility required under this section reverts to the utility.
PSC 113.0407(1)(f)(f) When utility payments are made electronically or through vendors, credit cards, or other third party and when these third parties have a contractual relationship with the utility, the dispute/inquiry resolution responsibility remains with the utility.
PSC 113.0407(2)(2)After the customer has pursued the available remedies with the utility, he or she may request that the public service commission staff informally review the disputed issue and recommend terms of settlement.
PSC 113.0407(3)(3)
PSC 113.0407(3)(a)(a) A customer’s request for informal review may be made in any reasonable manner such as by written request or telephoned request directed to the public service commission. By telephone or written request the public service commission staff may request the utility to investigate the dispute.
PSC 113.0407(3)(b)(b) The utility shall designate employees for responding to commission complaints who are readily available and have an appropriate and sufficient authority level for investigating concerns raised by the commission and its staff. Utilities shall promptly inform the commission of any changes in these designations. A utility shall respond to public service commission staff’s request for an investigation by contacting the complainant within 48 hours for most circumstances, or 4 hours in an emergency situation and by providing a response to the commission within 10 business days. Staff may extend this time period if the utility requests more time to complete its investigation. Based on information provided by the utility and the customer, public service commission staff shall make an informal determination for settlement of the dispute and communicate that determination to both by telephone or mail. Either party to the dispute may request and receive the public service commission staff determination and the basis for it, in writing. Commission staff shall inform any customer disputing an informal determination of the right to pursue a formal review. Staff shall include any information or arguments that the customer believes the commission should consider.
PSC 113.0407(3)(c)(c) There shall be at least 7 days between the date the public service commission staff telephones or mails written notice of terms of settlement after informal review and any subsequent disconnection.
PSC 113.0407(4)(4)
PSC 113.0407(4)(a)(a) After informal review, any party to the dispute may make a written request for a formal review by the commission itself. To avoid disconnection pending a formal review, the customer must request a formal review by the commission, in writing, within 7 days of the issue of the informal determination. All other requests for formal review shall be made within 30 days of the date the commission staff telephones or mails written confirmation if the staff telephone notice is requested and mailed, the 30 day period begins from the date of that mailing.
PSC 113.0407(4)(b)(b) Within 7 days of receiving a request for formal review in a dispute involving a pending disconnection of service, the commission shall make a determination whether to grant the request for formal review. The commission shall base its determination on the request for formal review and commission staff’s informal complaint file. Within 35 days from the time that all other requests for formal review are made, commission staff shall provide the commission with a memorandum based on the information it has received from the utility and the customer. A copy of the commission staff memorandum shall be provided to the parties 15 days prior to consideration by the commission. Either party to the complaint may file a response to the commission staff’s memorandum. These comments shall be filed with the commission 2 working days prior to the date scheduled for consideration by the commission. The commission shall inform both parties of its decision.
PSC 113.0407(5)(5)Either party to the complaint may request that the commission reconsider its formal determination under this section. Such requests shall comply with s. 227.49, Stats. and must be received by the commission within 20 days of mailing of the commission’s determination. A request for reconsideration shall include any additional information or arguments that the party believes were not considered in the original complaint. The commission may review and reaffirm its original decision, issue a new decision, or decide to hold hearing on the matter for the gathering of additional information.
PSC 113.0407(6)(6)
PSC 113.0407(6)(a)(a) If the commission decides to conduct formal hearing under sub. (5) on the dispute, the commission may condition the terms of its granting a formal hearing. Failure to met these conditions before hearing shall constitute waiver of the dispute by the customer.
PSC 113.0407(6)(b)(b) The hearing shall conform to the procedures of ss. 196.26 to 196.34, Stats.
PSC 113.0407(6)(c)(c) Any such hearing shall be held not less than 10 days following a notice of hearing and a decision thereon shall be rendered following the conclusion of the hearing.
PSC 113.0407(7)(7)Utility service shall not be disconnected or refused because of any disputed matter while the disputed matter is being pursued in accordance with the provisions of this section. The utility shall inform the customer that pursuing a disputed matter does not relieve the customer or the obligation of paying charges which are not in dispute, or prevent disconnection of service for nonpayment of undisputed charges.
PSC 113.0407 HistoryHistory: Cr. Register, July, 2000, No. 535, eff. 8-1-00.
PSC 113.0408PSC 113.0408Application for residential service.
PSC 113.0408(1)(1)For purposes of this section, “written” or “in writing” means legibly printed on paper or, with the intended recipient’s permission, legibly printed in an electronic form that the recipient can electronically store and retrieve for future reference.
PSC 113.0408(2)(2)
PSC 113.0408(2)(a)(a) A residential user of electric service shall apply for service.