PSC 134.053 HistoryHistory: CR 13-048: cr. Register July 2014 No. 703, eff. 8-1-14; s. 35.17 correction in (4) (a) Register July 2014 No. 703.
PSC 134.061PSC 134.061Deposits, residential.
PSC 134.061(1)(1)New residential service.
PSC 134.061(1)(a)(a) A utility shall not require a cash deposit or other guarantee as a condition of new residential service unless a customer has an outstanding account balance with any Wisconsin gas utility which accrued within the last 6 years and for which there is no agreement or arrangement for payment being honored by the customer, and which at the time of the request for new service remains outstanding and not in dispute, as defined in s. PSC 134.064.
PSC 134.061(1)(b)(b) A deposit under this section shall not be required if the customer provides the utility with information showing that his or her gross quarterly income is at or below 200% of federal income poverty guidelines.
PSC 134.061(1)(c)(c) A utility shall inform the customer of his or her right to enter into a deferred payment agreement for payment of the deposit amount and of his or her right to appeal any deposit request or amount required under this section to the public service commission.
PSC 134.061(2)(2)Deferred payment. In lieu of cash deposit or guarantee, an applicant for new residential service who has an outstanding account balance accrued within the last 6 years with the same utility shall have the right to receive service from that utility under a deferred payment agreement, as defined in s. PSC 134.063, for the outstanding account. A customer who defaults on the deferred payment agreement may be required by the utility to furnish a deposit.
PSC 134.061(3)(3)Guarantee terms and conditions.
PSC 134.061(3)(a)(a) A utility may accept, in lieu of a cash deposit for new or existing residential service, a contract signed by a guarantor satisfactory to the utility whereby payment of a specified sum not exceeding the cash deposit requirement is guaranteed, or whereby the guarantor accepts responsibility for payment of all future bills. If the guarantor accepts responsibility for payment of future bills, the utility shall notify the customer in writing of the agreement, and of the customer’s right to refuse such an agreement. The term of the contract shall be for no longer than one year, but it shall automatically terminate after the residential customer has closed his or her account with the utility, or on the guarantor’s request upon 30 days’ written notice to the utility.
PSC 134.061(3)(b)(b) Upon termination of a guarantee contract, or whenever the utility deems the guarantee insufficient as to amount of surety, a cash deposit or a new or additional guarantee may be required upon 20-day written notice to the customer. The service of any customer who fails to comply with these requirements may be disconnected upon 8 days’ written notice.
PSC 134.061(3)(c)(c) The utility shall mail the guarantor copies of all disconnect notices sent to the customer whose account has been guaranteed, unless the guarantor waives such notice in writing.
PSC 134.061(4)(4)Existing residential service.
PSC 134.061(4)(a)(a) A utility may require a cash deposit or other guarantee as a condition of residential service if any of the following circumstances apply:
PSC 134.061(4)(a)1.1. The utility has disconnected the customer’s service within the last 12-month period for violation of the utility’s filed rules or for nonpayment of a delinquent service account not currently in dispute.
PSC 134.061(4)(a)2.2. Subsequent credit information indicates that the initial application for service was falsified.
PSC 134.061(4)(a)3.3. The customer had the ability to pay for the utility service but, during the cold weather disconnection rules period, had an arrears amount incurred during that period, that was 80 days or more past due. The utility may request a deposit under this section even if the customer’s service has not been disconnected.
PSC 134.061(4)(b)(b) A deposit under this section shall not be required if the customer provides the utility with information showing that his or her gross quarterly income is at or below 200% of the federal income poverty guidelines.
PSC 134.061(4)(c)(c) When the utility requests a deposit of an existing residential customer, the customer shall be informed of his or her right to provide the deposit, guarantee, or to establish a deferred payment agreement. The customer shall be given 30 days to provide the deposit, guarantee, or enter into a deferred payment agreement for payment of the deposit amount.
PSC 134.061(5)(5)Written explanation. A utility shall provide a written explanation of why a deposit or guarantee is being required for a residential account. The explanation shall include notice of the customer’s right to appeal any deposit request or amount required under this section to the public service commission.
PSC 134.061(6)(6)Reasonableness of deposit. When requesting a deposit from a residential customer, the utility shall consider the customer’s ability to pay, including the following factors, in determining the reasonableness of its request:
PSC 134.061(6)(a)(a) Size of the delinquent account.
PSC 134.061(6)(b)(b) Customer’s payment history.
PSC 134.061(6)(c)(c) Time that the debt has been outstanding.
PSC 134.061(6)(d)(d) Reasons why the debt has been outstanding.
PSC 134.061(6)(e)(e) Any other relevant factors concerning the circumstances of the customer, as household size, income and expenses.
PSC 134.061(7)(7)Amount of deposit.
PSC 134.061(7)(a)(a) The maximum deposit for a new residential account shall not exceed the highest estimated gross bills for any 2 consecutive billing periods selected by the utility.
PSC 134.061(7)(b)(b) Except as provided in par. (c), the maximum deposit for an existing residential account shall not exceed the highest actual gross bills for any 2 consecutive months within the preceding 12 month review period, as determined by the utility.
PSC 134.061(7)(c)(c) If, during the cold weather disconnection rules period, a customer had an arrears amount incurred during this period that was 80 days or more past due and had the ability to pay for utility service, the deposit may not exceed the highest actual gross bills for any 4 consecutive months within the preceding 12 month review period, as determined by the utility.