PSC 113.0508(4)(4)Engage in any conduct which can reasonably be expected to threaten or harass a ratepayer.
PSC 113.0508(5)(5)Claim or attempt to claim to enforce a right, with knowledge or reason to know that the right does not exist.
PSC 113.0508(6)(6)Use obscene, threatening, or abusive language in communicating with a ratepayer or a person related to a ratepayer.
PSC 113.0508 HistoryHistory: Cr. Register, July, 2000, No. 535, eff. 8-1-00.
PSC 113.0509PSC 113.0509Landowner easements.
PSC 113.0509(1)(1)When approaching a landowner in the course of negotiating new easements or renegotiating existing easements, the utility shall provide the landowner with materials approved or prepared by the commission describing the landowner’s rights and options in the easement negotiation process. The landowner shall have, unless voluntarily waived by the landowner, a minimum period of five days to examine these materials before signing any new or revised easement agreement.
PSC 113.0509(2)(2)High-voltage transmission line easements shall describe the interest transferred by specifying, in addition to the length and width of the right-of-way, the number, type and maximum height of all structures to be erected thereon, the minimum height of the transmission lines above the landscape and the number and maximum voltage of the lines to be constructed and operated thereon, as required by s. 182.017 (7), Stats.
PSC 113.0509 HistoryHistory: Cr. Register, July, 2000, No. 535, eff. 8-1-00.
PSC 113.0510PSC 113.0510Tree trimming contacts. When trimming trees and other vegetation in electric line right-of-way maintenance, the utility shall make a reasonable attempt to contact the landowner a minimum of twenty-four hours prior to beginning of work on the landowner’s property. This contact may take the form of a written notice delivered to the landowner’s residence, a telephone call to the landowner, or an in-person contact. Reasonable effort shall be made by the utility to accommodate a landowner’s desire to be present when work is done on his or her property. Emergency repairs are exempted from this notification requirement.
PSC 113.0510 HistoryHistory: Cr. Register, July, 2000, No. 535, eff. 8-1-00.
PSC 113.0511PSC 113.0511Oak tree cutting and pruning.
PSC 113.0511(1)(1)In urban/residential areas: From April 15 through July 1 of each year, no pruning or cutting of oak trees is permitted except in emergencies. Herbicide treatment of stumps to prevent sprouting may substitute for the painting of stumps. If a tree is dead at the time of cutting, no treatment is necessary.
PSC 113.0511(2)(2)An urban/residential site is any site within incorporated village or city boundaries or any site in direct association with permanent or seasonal residences and dwellings. Residential sites include developed lawn areas and other intensively landscaped areas such as business and industrial properties, parks and golf courses. Residential sites include areas where the vegetation is intensively managed and typically involve yard and street trees of high landscape and ornamental value.
PSC 113.0511(3)(3)In rural areas: From April 15 through July 1 of each year, pruning paint must be applied to all final cuts on oak trees immediately after cutting. Herbicide treatment of stumps to prevent sprouting may substitute for the painting of stumps. If a tree is dead at the time of cutting, no treatment is necessary.
PSC 113.0511(4)(4)A rural site is any site not in direct association with a permanent or seasonal residence. Rural sites include sites in areas of agricultural and forest land use. Rural sites are not intensively developed and typically include areas occupied by native vegetation cover types and are stocked with naturally-occurring plants.
PSC 113.0511(5)(5)Emergency pruning or removal of oaks within the April 15 to July 1 time period is permitted to maintain necessary levels of safety, service and reliability. Some situations where emergency tree pruning and removal may be necessary include:
PSC 113.0511(5)(a)(a) Storm-related damage to electrical facilities and/or adjacent trees has caused or could cause a power outage.
PSC 113.0511(5)(b)(b) Bringing electrical service into a new residence or business.
PSC 113.0511(5)(c)(c) Moving electrical facilities to accommodate road, pipeline, or building construction.
PSC 113.0511(5)(d)(d) Rebuilding or upgrading distribution facilities.
PSC 113.0511(6)(6)Counties where oak wilt has not been confirmed are exempted from these oak tree cutting and pruning restrictions. The commission shall annually provide the utilities with a list of exempted counties.
PSC 113.0511 HistoryHistory: Cr. Register, July, 2000, No. 535, eff. 8-1-00.
PSC 113.0512PSC 113.0512Identification of potential power line natural hazards.
PSC 113.0512(1)(1)Identification of potential power line natural hazards. Utilities shall conduct a program of identification of potential power line natural hazards in accordance with training approved by the commission.
PSC 113.0512(2)(2)Inspection to identify potential power line natural hazards.
PSC 113.0512(2)(a)(a) Inspection. The utilities shall conduct inspections of its operations, including its transmission and distribution lines and facility rights-of-way, every 3 to 8 years and within 60 days of an order for inspection issued by the commission.
PSC 113.0512(2)(b)(b) Request for inspection. Any person, organization or agency may request the utility to make an inspection for potential power line natural hazards and the commission on its own motion, may order the utility to inspect its transmission and distribution lines and rights-of-way for potential power line natural hazards. The utility shall make such inspection upon a showing that potential power line natural hazards may exist.
PSC 113.0512(3)(3)Response to identification of potential power line natural hazards. Upon identifying a potential power line natural hazard, the utility shall take action to eliminate the hazard to the power line. The utility shall make a reasonable effort to notify the owner or other individual with authority, to trim or remove the tree of the potential danger and method by which the danger may be minimized or removed. Nothing in this section shall preclude the utility’s obligation to immediately remove the hazard, as required by ch. PSC 114.
PSC 113.0512 NoteNote: Section 26.14 (9) (b), Stats., subjects a person to liability for the cost of suppressing a forest fire if the forest fire is intentionally or negligently set and allowed to escape. A utility not inspecting its lines or operations to identify, trim or remove hazardous trees consistent with these rules may be found negligent and, therefore, responsible for payment of forest fire suppression costs resulting from a forest fire caused by a tree or branch breaking or damaging a line or equipment. A utility complying with these rules, is not expected to be responsible for costs associated with forest fire suppression under s. 26.14 (9) (b), Stats. If a utility complying with this section is not authorized to trim or remove a tree it identifies as hazardous, consistent with the training required by it; a landowner notified of the potential danger or damage that may be caused to the transmission or distribution line or operation, might be found later to have been negligent and responsible for the costs of setting and allowing a forest fire to escape; however, the agency seeking reimbursement for the costs has the burden of proving that the landowner is responsible. The goal of this effort is to reduce the likelihood of outages and forest fires, thereby reducing the likelihood that anyone is responsible for forest fire suppression costs.